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Home My WebLink About2009-03-19 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 March 19, 2009 Printer-Friendly Version DRAFT Agenda Thursday March 19, 2009 7:30 p. m. - Public Hearings North Andover High School Lecture Hall, 430 Osgood Street, North Andover, Massachusetts Members present: Albert Manzi, Ellen McIntyre, Richard Vaillancourt Associate Members: Thomas Ippolito, Michael Liporto Also in attendance: Zoning Enforcement Officer Gerald Brown, Excused absences: Daniel Braese, Richard Byers, Joseph LaGrasse 1. Chairman Manzi called the meeting to order at 7:35. Pledge of Allegiance 2.COMMUNICATIONS: a) Village Realty Development, LLC request for minor modification to Comprehensive Permit decision 2002-031 for Oakridge Village & Maplewood Reserve Chairman Manzi excused himself from this hearing and turned the gavel over to Vice Chair McIntyre. Steve Stapinski stated that the permit had expired in 2008 and he wanted to develop the last of the site that was located on the rear of the property. The reason construction had stopped was because of the market. Per the Conservation Committee they were requested to go in front of the Zoning board to make sure they were still in compliance. The board felt that the changes were minor. Motion was made by Vaillancourt that the changes were indeed minor. Liporto second the motion. Vote 5-0 all in favor that change was a minor modification. Chairman Manzi returned and Vice Chair McIntyre returned the gavel back over to the Chair. b) Meetinghouse Commons, LLC request for minor modification to Comprehensive Permit decision This is an 88 unit 40B for 55 years and older that was approved in 2002. The change that was made Note: Matters may be called out of order and not as they appear in the agenda. Also,deliberations and not on any issue taken under advisement may take place later in the meeting after the conclusion of the hearing and other matters listed on the agenda. All interested parties are invited to remain to the end of the meeting. Page 1 of 4 March 19,2009, 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 was a change in style due to today's market. Chairman Manzi said that he there was much support from residence and town leaders of North Andover on this project and had letters to support the applicant. Ippolito applauded the applicant on his project and many of the board members echoed his praises. McIntyre made a motion to approve the final changes and Vaillancourt second the motion to approve the minor changes. All in favor 5-0. Chairman wished applicant well. 3. NEW PUBLIC HEARING a)Town of North Andover Variance CDD-3 for premises at:1475 Osgood Street(Mal) 34, Parcel 16 Ray Santali, Assistant Town Manager spoke on behalf of the Town of North Andover. They purchased property at said location and planned on converting it to use as a police station and also wanted to add an area where they could transport and house prisoners. This area would be a safety issue not only for law enforcement personnel but also for the prisoner. Security gates would be also set in place on the right side and also near the sally ports. Many questions were asked by the board such as landscaping and screening on property. Chair asked if any abutters were present, one abutter stood up and asked only to see the plans on this project. McIntyre made a motion to close public hearing and Vaillancourt second the motion. All were in favor 5-0. Motion was made by Vaillancourt to approve variance, second was made by Lipporto. All were in favor 5-0. b)NA Great Pond Limited Partnership Variance R-1 880 Great Pond Road (Mai) 103, Parcel 111 Atty. Vivenzio spoke on behalf of his applicant. In 2007 the board granted a variance where the applicant received approval. But then the applicant changed plans and eventually the permit expired with none of the work being done. Petitioner scaled back plans due to the declining market. Atty. Vivenzio wanted to turn the podium over to the engineer to talk of the scale down project. The engineer stated that the footprint is much smaller then originally planned and stated that the reason they are here in front of the board is because they want to get approval on this new plan. Note: Matters may be called out of order and not as they appear in the agenda. Also,deliberations and not on any issue taken under advisement may take place later in the meeting after the conclusion of the hearing and other matters listed on the agenda. All interested parties are invited to remain to the end of the meeting. Page 2 of 4 March 19,2009, 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 This new plan has a smaller footprint with minor modifications. Chairman wanted the record to reflect that no abutters were present at the meeting. Board looked over old decision and Chairman said there was less of an impact on the lot with these new plans and was inclined to feel that their would not be a problem, but wanted to hear from the board. They all agreed with the Chair. McIntyre made a motion to close hearing and Vaillancourt second the motion to close hearing All in favor 5-0. McIntyre made a motion to grant variance and Vaillancourt second the motion to grant the variance All in favor 5-0. 4. CONTINUED HEARINGS: a)Reauested continuance to March 19, 2009) Highland View Realty Trust Variance & Special Permit R-4 #EM/RB/AM/RV/TI/DB/ML 40-42 Highland View Avenue(Mai) 67, Parcel 14) Requested by applicant to continue hearing in April. McIntyre made a motion to continue in April. Vaillancourt second the motion. All in favor 5-0. b)deffco, Inc., Variance & Special Permit R-4 for premises at Lot C-2 Great Oak Street Map 22, part of Parcel 51) Atty. Scalesi spoke on behalf of his applicant Jeffco Inc to construct a new two family dwelling and rehabilitate an existing building as well as divide the lot into two separate parcels. Scalesi talked of the neighborhood's makeup and various buildings, sizes in the neighborhood and compared it to the lot(s)in question. Scalesi said that there are two matters in front of the board one is a variance to subdivide the lot and the other is to a special permit to construct a 2 family dwelling. Board member asked Scalesi various questions such as size, setbacks, road, the character of the neighborhood, and easements with regard to the property. Chairman asked if there were any abutters in the audience and to please step up to the podium. Many abutters were opposed to the 2 family dwelling and also felt the lot size was not consistent Note: Matters may be called out of order and not as they appear in the agenda. Also,deliberations and not on any issue taken under advisement may take place later in the meeting after the conclusion of the hearing and other matters listed on the agenda. All interested parties are invited to remain to the end of the meeting. Page 3 of 4 March 19,2009, 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 the character of the neighborhood. Many abutters had no problem with the single family dwelling. But all reiterated that the 2 family would ruin the neighborhood's character. Some abutters felt the driveways also posed a safety issue for both vehicles and pedestrians. Scalesi took the podium after the abutters spoke and urged the abutters to come and see him at his office with regards to the proposed plan. Chairman Manzi suggested a workshop be set up on this matter with neighbors and applicant. He also asked Scalesi to sign a time waiver. McIntyre made a motion to continue this hearing, Vaillancourt second the motion to continue the hearing All in favor 5-0. A motion was made by Vaillancourt to adjourn the meeting, McIntyre second that motion. All in favor 5-0. 5. Motion was made to adjourn meeting at 10:45. Note: Matters may be called out of order and not as they appear in the agenda. Also,deliberations and not on any issue taken under advisement may take place later in the meeting after the conclusion of the hearing and other matters listed on the agenda. All interested parties are invited to remain to the end of the meeting. Page 4 of 4 March 19,2009,