The URL can be used to link to this page

Home My WebLink About2009-08-11 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, August 11, 2009 at 7:30 p.m. 120 Main Street, North Andover, Massachusetts Members present: Albert Manzi, Ellen McIntyre, Richard Byers, Associate Members: Thomas Ippolito, Michael Liporto Also in attendance: Zoning Enforcement Officer, Gerald Brown, Town Counsel, Thomas Urbelis, Curt Bellavance Excused absence: Richard Vaillancourt, Daniel Braese, Joseph LaGrasse LChairman Manzi called the meeting to order at 7:40 Pledge of Allegiance Before the meeting got underway Chairman Manzi stated for the record that the Zoning Board Secretary, Mich Glennon has moved on to a new job. Manzi stated that Mich did exceptional work in her position and she will be missed. 2. APPROVAL OF MINUTES a) July 21, 2009 Byers made a motion to approve minutes McIntyre second the motion All were in favor to approve minutes. 3. COMMUNICATIONS a)Discussion, Orchard Hill (4011 Comprehensive permit) Atty. Borenstein is representing the applicant he stated that about 2 months ago the board approved the comprehensive permit and subdivision plan for project. Borenstein stated that they are getting ready for commencement of construction on the project soon. Borenstein also said that his applicant submitted a package to the board to review and also a covenant. This covenant goes to the registry of deed and also prevents lots from being sold until the roads and utilities are complete. Borenstein stated that he submitted documents to Atty. Thomas Urbelis for review. Urbelis made a few changes to the document. Only 1 page had changes. Borenstein replaced the corrected page of the document from all the board members. He also stated all the rest of the document remained the same. Page 1 of 4 August 11,2009 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 Urbelis commented that he is comfortable with the covenant. Board went on to ask Borenstein questions regarding the project such as fees, costs, invoices, bonds and also the covenant. Manzi asked Urbelis if board should sign the covenant. Urbelis agreed that the covenant should be signed by the board. Manzi also stated that the board should sign so that the project can move forward. Borenstein also wanted to make sure the board knew that these affordable units are not all congregated in one area, but are disbursed throughout the project. McIntyre made a motion to sign the covenant, but with the newly amended page of the covenant not the previous one. Byers second the motion. All were in favor. b) Extension; petition 2008-10 Scalesi is talking on behalf of his client and asking for an extension on this project regarding the plans of a hangar they planned on constructing. They came in front of the board with plans in April. Now the applicant wants to downsize the hangar and is requesting an extension and now needs new plans drawn up to present in front of the board. Byers made a motion to grant extension. McIntyre second the extension. All were in favor. 4. CONTINUED HEARING a)Lizetta Fennessy Finding Party Aggrieved Trinitarian Congregational Church 70 Elm Street. Lizetta Fennessy is asking for a section of the by-laws be enforced she is not in agreement with the decision of The Zoning Enforcement Officer, Gerald Brown. The Zoning Board got approval from Selectman to hire special counsel, (a neutral party) regarding this issue, stemming from last month's hearing on this case. Both Fennessy and the Attorney for the permit holder were asked if they had anything to say before Atty. Bobrowski, (the special counsel, hired on this case) spoke. Both said no, because they wanted to hear what Bobrowski's findings were on this matter before they commented. Page 2 of 4 August 11,2009 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 Bobrowski spoke of the documents he received on this matter and he also laid the groundwork on the hearing. Bobrowski spoke of Fennessy's standing to bring this appeal to the board. Secondly the merits of Fennessy's appeal; in her application she is attacking the building permit submitted by the Building Commissioner. Bobrowski stated that the building permit was properly issued and with that being said Bobrowski stated this avoids the board's interpretation of the 600' setback. Bobrowski asked the board if they had any questions. Manzi spoke up and asked what authority the board had on this hearing, as it applies to the 600' setback. Bobrowski said that part of the by-law can be conflicting but felt that this may need to go in front of a judge. He also stated that this is not the function of the board as much as it is the function of superior court. Manzi suggested that they close and reschedule the public hearing. Byers made the motion to close the public hearing until August 31, at 6:30 McIntyre second the motion All were in favor to continue till August 31, at 6:30. Manzi suggested that they take a 5 minute recess. When the meeting resumed Chairman Manzi did not return. Vice Chair, Ellen McIntyre called the meeting back to order at 9:47. She asked the next applicants if they wanted to be heard since only 4 board members were left. The applicant wanted to go forward. 5. PUBLIC HEARING a)Elm Street Development Services, LLC Variances Village Res. District Atty. Peter Shaheen represents his applicant. His client proposes to build a retirement community consisting of 125 continuous care apartments near Boston Hill. Apartments will be built at the base of the property. Because of the slope of the hill the site presents problems. One problem is the setback for one of the two carports proposed. One carport is a 73' set back and the other problem is the height restrictions. The engineer for the project spoke after Shaheen was finished at the podium. He said that they wanted to avoid cutting this structure into the hill. Page 3 of 4 August 11,2009 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 The board asked questions in regards to this project such as the number of units on each floor, building structure, and gables on roof, ecstatic of building, the second carport that is in compliance and height. Brown stated that the carport is important because it is a safety issue. Brown also stated that they are building a good structural building that is also good for the community. Brown also stated that the fire department was pleased with the project in regards to complying with fire safety issues. Ippolito asked about a retaining wall but Marchant said it has not been put on the plan yet, but they intend to do so. The engineer for the project stated that the front of the building sits on a lower grade of the property then the back of the structure, which sits at a much higher grade. One abutter wrote a letter stating that they were in favor of the building but not the height of the structure. Shaheen stated that they are trying to meet everyone's needs and hopefully come up with the best possible solution. Also they are open to any suggestion from the board. Shaheen wanted to state that the proposed building will look much better then most other similar buildings since the hill is behind the structure and will look ecstatically more pleasing. Shaheen also stated that the town is in support of this project. McIntyre said she would like to see the design of the car port and also questioned if they were near any wet lands. She also had concerns on the pitch of the roof. Byers made a motion to continue this hearing for the next meeting. Liporto second to continue the meeting. All were in favor. 6. ADJOURNMENT Meeting was adjourned. Page 4 of 4 August 11,2009