HomeMy WebLinkAbout2010-06-22 Zoning Board of Appeals Supplemental Materials Town of North Andover
ZONING BOARD OF APPEALS
ORTIy
Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members
Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito
Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq.
Joseph D. LaGrasse n Michael P. Liporto
Richard M.Vaillancourt '� °o,�_���< �'� * Zoning Enforcement Ofcer
�I& ACHU`� Gerald A.Brown
DRAFT MINUTES
Tuesday, June 22nd, 2010 at 7:30 p.m.
120 Main Street, North Andover, Massachusetts
Members present: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Joseph
LaGrasse
Associate Members: Thomas Ippolito, Michael Liporto, and Daniel Braese
Also in attendance: Zoning Enforcement Officer, Gerald Brown
1. Chairman Manzi called the meeting to order at 7:38
Pledge of Allegiance
2. APPROVAL OF MINUTES
a) May 18th, 2010
Vaillancourt made a motion to approve the minutes.
Byers second the motion.
Those voting in favor of the motion to approve the minutes were: Albert Manzi, Ellen
McIntyre, Richard Byers, Richard Vaillancourt, and Joseph LaGrasse.
5-0.
Committee Reports
Housing Partnership-Ellen Mcintyre.
McIntyre stated that their will be a ground breaking for Steven's Corner on June 281h McIntyre also
stated that if anyone needs more information that they can go to the Town's website.
Brown stated that the ground breaking starts at 11:00 and lunch is at 12:00.
Manzi stated that he was going to go slightly out of order.
Ippolito spoke up and wanted to inform the Board as well as those attending the meeting tonight that
the microphones in the front of the room, as well as at the podium are strictly for broadcasting
purposes for the cable network, and will not amplify into the room.
Atty. Donald Borenstein and Project Designer, Patrick Garner will speak on behalf of the applicant
(Peter Hingorani) for Merrimac Condominiums.
1. A letter and final plans have been submitted.
Borenstein walked over to the podium and stated that a while back the Comprehensive Permit was
approved and now they are coming in front of the Board again for review of final building plans.
Page 1 of 7 June 22,2010
Town of North Andover
ZONING BOARD OF APPEALS
ORTIy
Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members
Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito
Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq.
Joseph D. LaGrasse n Michael P. Liporto
Richard M.Vaillancourt '� °o,�_���< �'� * Zoning Enforcement Ofcer
�I& ACHU`� Gerald A.Brown
Borenstein stated that Joe Peznola, from Hancock Associates reviewed plans and has a lengthy
comment letter with a variety of details.
Borenstein stated that the project is close to breaking ground and they are also on the cusp of closing
with Conservation.
They are looking for final approval of plans and also the regulatory affordable documents that the
Board as well as Town Counsel is familiar with.
Specifically, they are looking to get approval and a go ahead with Phase 1.
Patrick Garner walked over to the podium and clarified to the Board that he is the project designer
and not the Engineer. Garner stated that they are responding to the detail set of comments that were
submitted by Joe Peznola, from Hancock Associates.
Manzi stated that there is an issue with the 5 3 G account and that they are over budget.
Peter Hingorani brought a check for $700.00 to fund the account.
Manzi stated he does not want to take custody of the check, but will have Hingorani bring the Check
directly to the Town Treasurer.
Borenstein walked back to the podium and introduced Joe Peznola to take them through the letter.
Peznola stated that they have been working several weeks on this review.
What has not been done yet is the storm water management review.
Peznola stated that Lisa Egleston, a consultant for The Conservation Commission in storm water
management is reviewing this item.
Peznola stated that he is very comfortable with Lisa's knowledge as well as her approach.
Peznola discussed different issues such as handicap accessible, stairs, decks, balconies, cable,
electric, drainage, curb cuts, garages, etc.
Peznola stated that there are so many things going on with this project.
He stated that Phase 3 had issues with one of the units regarding how a car would turn, since it was
very tight. But since this was part of Phase 3, he felt they would have another crack at resolving that
problem.
Peznola stated right now the concern is with Phase 1.
Peznola also said that any change made would go to the Board for consideration.
Hingorani walked over to the podium and the Board asked if they have submitted any building plans
to the Building Inspector, but Brown spoke up and stated that he has not seen any, as of yet.
Brown also stated that when they get to the point of submitting architectural plans to him that the
RLS plans must match up with them as well.
Byers was also concerned that if Conservation made any changes it could impact the existing plans.
Page 2 of 7 June 22,2010
Town of North Andover
ZONING BOARD OF APPEALS
ORTIy
Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members
Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito
Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq.
Joseph D. LaGrasse n Michael P. Liporto
Richard M.Vaillancourt '� °o,�_���< �'� * Zoning Enforcement Ofcer
�I& ACHU`� Gerald A.Brown
LaGrasse made a comment about the plans in front of him, and stated that as an architectural
planner, that he looks at aesthetics and he does not see lighting, landscaping, fencing, and signage on
the plans.
Peznola stated these issues are all in the Comprehensive Permit and are on the newer set of plans
that were not submitted to the Board yet.
Brown stated that the appropriate approach to get accomplished right now is the road and the
utilities up to the road.
Brown also stated it was important to make sure with clarity, scope and detail that it matches with
the architectural plans, structural plans, etc.
McIntyre agreed with Brown and also included curb cut was also another important issue to review
as well.
Byers made a motion to adopt recommendations of Hancock Associates in the letter dated June 22,
2010 included in the motion, to allow the applicant to start construction at compass point, including
utilities, and also subject to approval of any and all from The Conservation Commission, The
Department of Highways, and also the Curb Cut Permit.
Vaillancourt second the motion.
Those voting in favor of the motion were: Albert Manzi, Ellen McIntyre, Richard Byers, Richard
Vaillancourt, and Joseph LaGrasse.
5-0.
Atty. John Smolak for Stevens Corner, 75 Park Street
John Smolak was unable to attend tonight's meeting, but is requesting in a letter certain actions from
the Board in a letter stamped June 22, 2010.
Manzi stated that they have a letter from Smolak dated June 22nd regarding the Steven's Corner
project.
Manzi stated as of yet Town Counsel has not finished the review of Steven's Corner.
Byers made a motion to table the discussion of Steven's Corner till the next meeting scheduled for
August, and also included that any correspondence that needs to be communicated and submitted to
Town Counsel should be submitted in a timely manner.
LaGrasse second the motion.
Those voting in favor of the motion were: Albert Manzi, Ellen McIntyre, Richard Byers, Richard
Vaillancourt, and Joseph LaGrasse.
5-0.
Page 3 of 7 June 22,2010
Town of North Andover
ZONING BOARD OF APPEALS
ORTIy
Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members
Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito
Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq.
Joseph D. LaGrasse n Michael P. Liporto
Richard M.Vaillancourt '� °o,�_���< �'� * Zoning Enforcement Ofcer
�I& ACHU`� Gerald A.Brown
Campion Hall
1. Discussion/Transfer of Permit
2. Presenting conceptual plans for an adjustment to the garage, and also a conceptual plan for
the adjustment for a lot line for a single family home.
Chairman Manzi stated that at tonight's meeting speaking on behalf of the project is Atty. Vincent
Manzi, and Developer, Joe Leone.
Chairman Manzi went on to say prior to tonight's meeting they had two workshops in regards to this
project to understand the nature of what was being done.
Atty. Vincent Manzi went to the podium to stating he was representing the Technical Training
Foundation (a charitable foundation).
Vincent Manzi stated at one point the project was at a standstill and that the neighbors were upset
that the project was being held up. The neighbors felt it was an eyesore, since the grounds had not
taken care.
To satisfy the situation, they brought it up to a certain level of safety and also secured the main
house.
Vincent Manzi went on to describe the history of the original property owner as well as his
Foundation.
Dr. Hefnie, started Microwave Engineering (in North Andover), and he was also the original owner
of the property, and also the founder of the Foundation.
Dr. Hefnie was always one to want to give back to the community, especially in Lawrence, but did
not limit himself to just Lawrence.
The Primary function of Dr. Hefnie's Foundation was to make contributions to schools and
hospitals.
Dr Hefnie died a few years ago, and his wife and daughter wanted to carry out and continue his
tradition of giving back to the community.
They searched to donate the property to a non-profit organization and finally came up with Notre
Dame High School in Lawrence.
This High School is a new concept, where the poorest of children in the Lawrence area go. They go
to school 4 days a week, and work 1 day a week. The money the students earn from working goes to
the school for tuition.
Vincent Manzi said the Notre dame nuns have a very good Board on this project. Manzi felt
confident and happy with all the people on that board.
Vincent Manzi stated that the way, that this will work, is that all the profits from the sale will flow
back to the school as an endowment in the education of the students at Notre Dame High School
located in Lawrence.
Page 4 of 7 June 22,2010
Town of North Andover
ZONING BOARD OF APPEALS
ORTIy
Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members
Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito
Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq.
Joseph D. LaGrasse n Michael P. Liporto
Richard M.Vaillancourt '� °o,�_���< �'� * Zoning Enforcement Ofcer
�I& ACHU`� Gerald A.Brown
Vincent Manzi stated that they are here today to have approval of transfer from the Board. He also
wanted to assure to the Board that they are not walking away from this worthwhile project.
Vincent Manzi stated also that RiverBank is funding the project.
Vincent Manzi also stated they wanted approval from Board for two insignificant changes.
One of the changes proposed, was to shrink the footage of garage, but it will increase the number of
parking spaces from the Comprehensive Permit.
The other change is the configuration of Lot A so it will be more consistent with the project and
structures around it.
Vincent Manzi will be filing a new Regulatory Agreement and he said he will send it to Town
Counsel himself for review.
Vincent Manzi stated there is a total of 25 units, plus a single family.
Vincent Manzi also stated that they will be complying with all the components of the
Comprehensive Permit.
Vincent Manzi stated that the Developer, Leone will discuss these changes to the board.
With that being said Developer, Leone walked over to the podium and spoke in more detail of these
insignificant changes that Vincent Manzi spoke of, and why these changes were made. Leone stated
that these changes were made for the better of the project.
McIntyre made a motion to approve the transfer of ownerships of property from Technical Training
Foundation to Campion Estates, LLC that was dated June 21, 2004 at the North Essex Registry of
Deed book 894 page 266.
Byers second the motion.
Those voting in favor of the motion were: Albert Manzi, Ellen McIntyre, Richard Byers, Richard
Vaillancourt, and Joseph LaGrasse.
5-0.
McIntyre made a motion to approve the transfer of the Comprehensive Permit to the new owners
going from the Technical Training Foundation to Campion Estates, LLC.
Byers second the motion.
Those voting in favor on the motion were: Albert Manzi, Ellen McIntyre, Richard Byers, Richard
Vaillancourt, and Joseph LaGrasse.
5-0.
McIntyre made a motion to approve that the changes made to the garage were insignificant, but
subject to final working plans submitted to the Building Department.
Page 5 of 7 June 22,2010
Town of North Andover
ZONING BOARD OF APPEALS
ORTIy
Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members
Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito
Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq.
Joseph D. LaGrasse n Michael P. Liporto
Richard M.Vaillancourt '� °o,�_���< �'� * Zoning Enforcement Ofcer
�I& ACHU`� Gerald A.Brown
Byers second the motion.
Those voting in favor of the motion were: Albert Manzi, Ellen McIntyre, Richard Byers, Richard
Vaillancourt, and Joseph LaGrasse.
5-0.
McIntyre made a motion to approve that the change made to the lot line was an insignificant change,
but subject to final working plans submitted to the Building Department.
Byers second the motion.
Those voting in favor of the motion were: Albert Manzi, Ellen McIntyre, Richard Byers, Richard
Vaillancourt, and Joseph LaGrasse.
5-0
PUBLIC HEARINGS
Name Special Permit (1) & Variance (1) R-4 District
Kenneth Campisi for premises at: 134 Mablin Avenue (Map 6, Parcel 58)
Manzi stated next on the agenda was the public hearing, and with that being said Kenneth Campisi
walked over to the podium.
Campisi stated he has been a resident of North Andover for 35 years. Prior to him owning this
property his father owned the property.
Campisi was looking to erect a 2 stall garage.
Campisi showed pictures of the neighborhood to the board as well as his own property.
McIntyre asked questions to Campisi of all the sizes of the buildings on his property including the
workshop.
McIntyre asked Campisi if he had the original Variance from 2000. Campisi stated he did not have
it with him, but could get it for her at the Registry.
Brown stated that our files were incomplete, since it was an older file, and also stated that there were
problems in the old building with flooding and we lost some of our files.
Byers asked if there was going to be a driveway in front of the garage, Campisi stated that yes there
would be, but only to get to the garage and it was not for parking.
McIntyre asked Campisi what his hardship was, and Campisi stated that it was the shape of his lot.
Campisi said most of the homes in the neighborhood are on small lots such as his own.
Manzi asked if any abutters would like to be heard.
Page 6 of 7 June 22,2010
Town of North Andover
ZONING BOARD OF APPEALS
ORTIy
Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members
Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito
Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq.
Joseph D. LaGrasse n Michael P. Liporto
Richard M.Vaillancourt '� °o,�_���< �'� * Zoning Enforcement Ofcer
�I& ACHU`� Gerald A.Brown
With that being said James Timony from 128 Mablin Avenue walked to the podium and stated he
was against the applicant's request, because he felt that the property will be very congested on the
lot.
David Webster, from 116 Mablin Avenue was also against the proposed plan for the same reasons as
James Timony, he felt that there were too many structures on this lot for such a small piece of
property.
McIntyre had issues with the driveway, for safety reasons, and also thought it was a lot of house for
such a small piece of property.
LaGrasse made suggestions to Campisi, asking him to think of tearing down the existing workshop,
and that would possibly make the garage work better on the property.
Vaillancourt suggested to Campisi, if he would think of putting a single stall garage instead of a 2
stall garage.
Manzi told Campisi he would drive by his property and he would also talk to Town Counsel to see if
the project complies.
McIntyre reminded Campisi, again to get the Variance from the Registry.
Byers made a motion to continue this public hearing till the next meeting in August.
Vaillancourt second the motion.
Those voting in favor of the motion to continue the public hearing till the next meeting in August
were: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Joseph LaGrasse.
5-0.
Manzi also asked The Zoning Board Assistant, if in the future, she can reference all of the
correspondence that is submitted to the Board on the agenda.
Manzi wants the record to reflect that it is with regret that Joe LaGrasse's last meeting is tonight and
he will be missed, and his knowledge and contributions to the Board were always appreciated.
Byers made a motion to adjourn the meeting. Vaillancourt second the motion.
Those voting in favor to adjourn the meeting were: Albert Manzi, Ellen McIntyre, Richard Byers,
Richard Vaillancourt, and Joseph LaGrasse
5-0
ADJOURNMENT
Meeting was adjourned at 10:05
Page 7 of 7 June 22,2010