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Home My WebLink About2009-11-10 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, November 10, 2009 at 7:30 p.m. 120 Main Street, North Andover, Massachusetts Members present: Albert Manzi, Ellen McIntyre, Joseph D.LaGrasse (7:55), Richard Byers, Richard Vaillancourt Associate Members: Thomas Ippolito, Daniel S Braese, Michael Liporto Also in attendance: Gerald Brown, Thomas Urbelis, Town Counsel Chairman Manzi called the meeting to order at 7:45 1. Pledge of Allegiance 2. Approval of minutes a) September 3, 2009 MOTION BY: Vaillancourt SECOND: Byers Vote 5-0 b) September 22, 2009 MOTION BY: McIntyre SECOND: Braese Vote 5-0 c) October 13, 2009 MOTION BY: Byers SECOND: Liporto Vote 5-0 3. COMMITTEE REPORTS a) Housing Partnership—Vice-Chairman Ellen McIntyre attended a Housing Partnership committee meeting in September, but could not attend the meeting for October. Issues discussed at the September meeting were the resale of the 40B and also the vacant lot on 22- 24 Ashland Street that DHCD owns. DHCD plans on using the lot and not Habit for Humanity. Board discussed and questioned these issues with Vice-Chairman, McIntyre. Also Vice-Chairman, McIntyre stated that there was a Stevens Corner update and that they hoped to fund the project, but because of the tax credit, and the economy and complications in selling, they are putting it on hold for the time. Chairman, Manzi was please with Vice- Chair McIntyre's report. b) Zoning Task Force - Joe LaGrasse is working on this with the Town Planner, Judy Tymon. 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 ofthe meeting. Page 1 of NOV. 10,2009 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 c) Police Station Re-use - Chairman, Manzi wants to send communication to Selectmen asking them what their intent is. 4. CONTINUED HEARINGS Margaret Walker for premises at: 0 Bridle Path(Map 103, Parcel 115) and James & Margaret Walker for premises at: 10 Bridle Path(Map 63, Parcel 23) Atty. Scalise stated at last meeting there were 2 filings on Bridle Path and some discussions about the lots and also some of the abutters were concerned with the lots and what would work better. They left the last meeting with the understanding that they would move one of the lot lines which would allow the house to be further away from the street. They were not able to re-file timely since the deadline was a few days away from the last meeting. Atty. Scalise stated that they had the plan re-done by an engineer, showing the new lot lines, but he reassured the committee that they will do a re-file if it is necessary. Atty. Scalise showed the new drawings to the committee stating that he felt that this was an improvement, since the house was further in on the lot and became a larger house. The only drawback Atty. Scalise said was that it created a new variance request. Atty. Scalise stated once again to the committee that they are working on this and will follow the suggestions and will have everything ready for the next meeting and plans on meeting with the Zoning Enforcement Officer, Gerry Brown. Atty. Scalise stated the existing house and proposed house have a mound or a rise between them. Atty. Scalise stated with the new plan it makes the existing house lot smaller and the proposed lot larger. Atty. Scalise stated that this was one acre zoning when it was first developed. Zoning Enforcement Officer, Gerry Brown stated that since they are moving the lot line it makes it a non-conforming lot so a"Variance is required". Atty. Scalise also stated they wanted to reconstruct these 2 lots so the existing house has sufficient land around it and the proposed house will be even bigger. 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 ofthe meeting. Page 2 of NOV. 10,2009 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 So the finding was that they will need a 3rd variances according to Zoning Board Officer, Gerry Brown and Chairman, Manzi. An Abutter came to the podium with concerns and questions on these lots. Chairman, Manzi stated that they will hold off on public comment at this time until the next meeting. Mr. Byers motioned to move to continue to December 8 meeting SECOND: Mr. Vaillancourt Vote 5-0 Stonewall Plaza, LLC for premises at: 1820 Turnpike Street(Map 106D, Parcels 46 &47) Ciro Fodera has a petition for a sign that stemmed from a planning board approval. Planning Board had issues with the size. Planning Board favored on the design of the sign, but wanted Fodera to go to the Zoning Board for approval. Fodera received a letter from the Town Planner, Judy Tymon. The Town Planner recommended approval from the Zoning Board of Appeals. The board had questions and suggestions to Fodera on the sign regarding the size, color, type and positioning of lighting, design shape, positioning of the sign, safety, landscaping, distance from the road, how the sign was viewed from both directions(vi sib ility)and how readable it is from the road. Zoning Board Officer, Gerry Brown stated that under the sign By-laws that Fodera has met the intent of the By-law. Mr.Byers motioned to close Public Hearing: Mr. LaGrasse second Vote 5-0 Mr. Byers motion to approve the special permit under section 6.6.D2 of the Zoning By- laws: Mr. LaGrasse Second Votes 5-0 5. ADJOURNMENT Motion was made to adjourn meeting at 8:45 PM 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 ofthe meeting. Page 3 of NOV. 10,2009