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HomeMy WebLinkAbout08.09.11 ya , ,V- e Town of North Andover ZONING BOARD OF APPEALS t%ORT#1 ,,"to "k.Albert A Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman Michael P.Liporto Richard J. Byers,Esq. Clerk Zoning Enforcement Officer V zo, Richard M. Vaillancourt Gerald A. Brown Daniel S. Braese,Esq. ^61111r ACHU DRAFT MINUTES Tuesday,August 9,2011 at 7:30 p.m. Town Hall, 120 Main Street,North Andover,Massachusetts Members present: Ellen McIntyre, and Richard Byers, Richard Vaillancouit and Daniel Braese Associate Member: Michael Liporto Also in attendance: Building Inspector, Brian Leathe Excused absence: Albert Manzi. McIntyre,Acting Chairman called the meeting to order at 7:35 a) Pledge of Allegiance APPROVAL OF MINUTES June 21, 2011 Richard Byers made a motion to approve minutes. Daniel Braese second the motion. Those voting in favor to approve the minutes were Ellen McIntyre, Richard Byers, Richard Vaillancourt, Daniel Braese, and Michael P. Liporto. 5-0 COMMITTEE REPORTS Housing Partnership Report, McIntyre stated that she has no committee report to discuss, since they did not meet this month. McIntyre informed the Board that Richard Vaillancouit has been re-appointed to serve the Board of Appeals for another 3 years (applause). McIntyre then went on to say that Mr. Ippolito has resigned from the Board of Appeals. Mr. Ippolito's service, love and dedication to the Board and to the Town of North Andover are and always will be appreciated. McIntyre went on to say that Mr. Ippolito will still be at the Zoning Board Meetings,but in the back of the room, he will continue doing the camera work for North Andover Cam. McIntyre thanked Ippolito once again, for all of his hard work, dedication and love of the town (applause). Mcintyre moved onto the next item, The New Form J lot Release for Orchard Village. With that being said Bob Messina, of Orchard Village walked over to the podium requesting the release of seven (7) additional lots, on Empire Drive. He talked of the letter that was submitted to the Board, by peer reviewer, Joe Peznola of Hancock Associates. Messina stated that Peznola was satisfied with the work that has been done on his project at Orchard Village. Page 1 of 4 Aug 9, 2011 Town of North Andover ZONING BOARD OF APPEALS NORTH Albert P.Manzi III,Esq. Chairman Associate Member Ellen A McIntyre, Vice-Chairman id Michael A Liporto Richard J. Byers,Esq. Clerk Zoning Enforcement Officer Richard M. Vaillancourt Gerald A. Brown Daniel S.Braese,Esq, SgCHU5E McIntyre also spoke of the letter from the Director of Community Development, Cult Bellavance. Bellavance submitted to the Board a letter in support of the "new"lot releases, as requested in the July 26, 2011 letter from Attorney Donald Borenstein. Byers praised Messina, stating that he is doing a great job with the project. Vaillancourt asked Messina how many lots will be left after these seven (7) lots are released. Messina replied eleven (11) lots will be left. McIntyre asked the Board if anyone had anymore questions or concerns regarding the lot release request. Byers made a motion to release the lots for Orchard Village on Empire Drive for lots, 7, 9,11,12,16, 20 and 26 as well as the pump station on lot 33. Byers also referenced the letters submitted by Atty. Bornstein (26 July 2011), Hancock (29 July 2011) and Curt Bellavance dated (9 August 2011). Vaillancourt second the motion. Those voting in favor to approve the lot releases were Ellen McIntyre, Richard Byers, Richard Vaillancourt, Daniel Braese, and Michael P. Liporto. 5-0. With that being said the Board signed for the release of the lots and it was officially notarized. McIntyre stated that the next on the agenda is the continued public hearing. Continued Public Hearin Cluberson Mercedat, of 148-150 Waverley Road (Map 14, Parcel 49) is looking to have two (2) Special Permits approved in an R-4 District. He is proposing to make his 2-family unit into a 3-family unit by converting the attic area into another apartment. Both Vaillancourt and Braese signed a form that they missed this hearing that was held at the last meeting on June 21't,but they both reviewed and read all the evidence regarding this hearing session and are now allowed to vote on this hearing. Mercedat walked over to the podium and gave a bit of background information from the last meeting to the Board members. Mercedat said at the last meeting he was asked to submit a couple of documents at this meeting, showing easement, deed, letter of approval from the fire chief and any new plans. McIntyre stated to Mercedat that this material that he has submitted today should have been brought to the Zoning Administrative Assistant on time, and with the correct amount of copies for the Board Members, so it could be mailed out to the board, so they can review the material in time before the meeting. Mercedat apologized to the Board for not doing that. The board looked at the documents that Mercedat submitted to the Board. The Board talked of the amount of parking supplied for the tenants, as well as the easements, driveways, egresses, and deed. Page 2 of 4 Aug 9, 2011 Town of North Andover ZONING BOARD OF APPEALS N Albert P.Manzi III,Esq. Chairman �� a°�b � Associate Member a . . o Ellen A McIntyre, Vice-Chairman ti 0 Michael A Liporto Richard J.Byers,Esq. Clerk Zoning Enforcement Officer Richard M. Vaillancourt ��� w ,4" Gerald A. Brown Daniel S. Braese,Esq. 'ACHU"' McIntyre asked Mercedat if there is a legal easement, and if there was, it would be on the deed. That would allow him to park there. Braese explained to Mercedat that it is important to have that deed that would allow him to park there. Braese went on to say that the Board needs to know that Mercedat has the legal right to do this, before the Board could even consider granting approval of the Special Permits. Byers asked him if that was written into the deed. Mercedat showed them a document, but Braese felt it was not enough to support Mercedat's statement, that he has the right of way to use the driveway and to also have the cars park in this area. Mercedat stated that this is the only way for the cars to come in and out. Braese understood, but stated that he needs to show proof that he has a legal right that he can do this, and then it is up to the Board to decide if they should allow him to do these things he is proposing. Braese stated that he can pick up the new plans at the Registry of Deeds. Braese also told Mercedat to ask for Plan# (book) 5779 and(page) 312 at the Registry. McIntyre and Byers asked if one of the parking spots could be moved to another area of the lot. Mercedat replied no,because that was paved and the other area was not. Byers stated to the Board that Mercedat would need a new plan along with a new Mylar showing the easement. Byers also reiterated Manzi's request at the last meeting to have the parking spots identified and stripped. Liporto stated that Mercedat needs to submit a plan and new Mylar that was similar to what was presented to the Board at the June hearing, but with more information, that would include the easement. Liporto and Braese agreed that it should encompass the proposed project. Braese stressed to Mercedat that before he spends any more money that he should first make sure he has proof,that he does have the legal right to do this. McIntyre asked if he had a letter from the Fire Department. Mercedat did have a letter, and showed the Board the letter from the fire department. The Board told Mercedat that he needs to have the correct plot plan and new Mylar. Mercedat also needs to go to the Registry and ask for Plan# (page) 5779 and (book) 312. The plan and Mylar must show access and egress. Mercedat must also show proof that he has the right of way with the terms stated. McIntyre stated that he needs to make enough copies for all of the Board members. This should be brought to the Zoning Board Assistant on time, in order that it is mailed out to all the Board members, before the September 2nd deadline. McIntyre gave Mercedat all his paperwork back, since this hearing would need to continue till September. Vaillancourt said that he drove by the property and asked if the street numbers on the house could be moved to the front, rather than the side, for safety issues. McIntyre asked if there were any abutter for or against this applicant's petition. No one came forward. Page 3 of 4 Aug 9, 2011 Town of North Andover ZONING BOARD OF APPEALS t%OR'ril Albert P.Manzi 111,Esq. Chairman Associate Member Ellen P. McIntyre, Vice-Chairman 0 Michael A Liporto Zoning Enforcement Officer Richard J Byers,Esq. Clerk Richard M. Vaillancourt Gerald A.Brown Daniel S.Braese,Esq. .0 rep S C US McIntyre asked Mercedat to sign the Time Waiver Form. Vaillancourt made a motion to continue the hearing till September 13th Braese seconds the motion. Those voting in favor to continue the hearing were,Ellen McIntyre, Richard Byers, Richard Vaillancourt,Daniel Braese and Michael P. Liporto. 5-0. Miscellaneous Correspondence McIntyre talked of all the correspondences in their packages and reviewed and discussed each one briefly. McIntyre stated in the package were terms and expiration of each Board member. McIntyre also spoke of the MassHousing Report that was in the package, as well as Curt Bellavance response to that report. McIntyre stated that Bellavance wrote that the deadline to respond back on the MassHousing Report was August 26 t1i Byers summarized the letter from CHAPA. Byers made a motion to Adj ourn Braese, second the motion Those in favor to adjourn, Ellen McIntyre, Richard Byers, Richard Vaillancourt, Daniel Braese, and Michael P. Liporto. 5-0 Adjournment 8:05 Page 4 of 4 Aug 9, 2011