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HomeMy WebLinkAbout01.10.12 Town of North Andover ZONING BOARD OFAPPEALS re, / I L Albert P.Manzi III,Esq. Chairman thORTH Associate Member C'X 0 Ellett A McIntyre, Vice-Chairman Michael P. Liporto Richard J. Byers,Esq. Clerk Richard M. Vaillancourt -V Zoning Enforcement Officer D. Paul Koch Jr. Art Gerald A. Brown'Z;"iCHUS DRAFT MINUTES Tuesday,January 10,2012 at 7:30 p.m. Town Hall 120 Main Street,North Andover, Massachusetts Members present: Albert Manzi,Ellen McIntyre,Richard Byers, and Richard Vaillancourt and D. Paul Koch Jr. Associate Member: Michael Liporto Also in attendance: Building Inspector, Gerald Brown Manzi called the meeting to order at 7:35 a) Pledge of Allegiance APPROVAL OF MINUTES December 13, 2011 McIntyre made a motion to approve the minutes as written. Vaillancourt second the motion. Those voting in favor to approve the minutes were Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, Michael P. Liporto and D. Paul Koch Jr. All were in favor Continued Public Hearings Housing Partnership Report,McIntyre stated that the committee will not meet until the end of January, so she will have a full report in February. Discussion Request for comment-Proposed Amendment to 940 CMR 29.00. Manzi asked if the Board had any comments to add regarding this proposed amendment. The Board had none. Manzi moved on to the next discussion on the list. Atty.Donald Borenstein-Proposed Form J Lot release for Orchard Village Manzi stated that a letter came into the office of the Board of Appeals by Federal Express, as well as through an e-mail, for a Foi in J Lot Release of Orchard Village, from Atty. Borenstein. Donald Borenstein walked over to the podium, and stated that he is here tonight on the Orchard Village Project. Borenstein talked of the 11 lot releases that he is requesting from the Board tonight. He also discussed the site visit made by the Board in the early part of December. Borenstein stated that this project is proceeding nicely. He stated that the price point and the styles of the homes have been appealing. Page 1 of 4 January 10, 2012 Town of North Andover ZONING BOARD OF APPEALS %AORTH Albert A Manzi III,Esq. Chairman lme'.11"eo ""'V, a Associate Member A Ellen P.McIntyre, Vice-Chairman Michael P.Liporto Richard J. Byers,Esq. Clerk 'd 0 Richard M. Vaillancourt Zoning Enforcement Officer D. Paul Koch Jr. 3- CAre HUS Gerald A. Brown Borenstein talked of the Letter of Credit and the $100,000.00 Security Bond. Manzi stated that he is not opposed to these lot releases, but Borenstein did not meet the deadline for filing. Manzi was also hoping he would have received some comment from Community Development Director, Cult Bellavance regarding these lot releases before the meeting. Borenstein stated that he will be willing to hold back two of the lots along with the original $100,000.00 Security Bond. Borenstein suggested holding back lots 2 and 32. Manzi and the Board agreed with holding back these lots. Borenstein was pleased that the Board agreed to this, since it would keep the project moving forward. Manzi stated that he would like to see an affordable unit in the future. Borenstein struck those 2 lots off the Form J Lot Release. Brown stated that he supports Borenstein's suggestion of holding back the 2 lots. Byers made a motion to release 9 Lots from the Orchard Village Form J Release form. Byers listed the lots to be released, 4, 5, 6, 13, 27, 28, 29, 30, 31. Lots 2 and 32 will be held as part of the security. Vaillancourt second the motion. Those voting in favor to release the 9 lots were Albert Manzi,Ellen McIntyre, Richard Byers, Richard Vaillancourt, and D. Paul Koch Jr. All were in favor 5-0 The Board members signed the Form J Lot Release. Borenstein only needed to notarize Manzi's signature. Borenstein wanted to make sure Manzi also initialed the 2 lots that were omitted for release. Manzi stated that he did initial the 2 lots omitted. Manzi also wanted to mention to Borenstein that he was very impressed with the Orchard Village Project. Manzi moved onto the next item on the agenda,the Continued Public Hearing. Before the applicant walked to the podium Manzi refreshed the Board on the petition that was heard at the last meeting in December. Manzi also stated that he drove by to visit the property to get a better feel for the project. Other Board members stated that they also drove by the property. Continued Public Hearin Special Permit and Variance, R-1 Zoning District,Andre and Kathleen Farah, 1116 Salem Street (Map 106A,Parcel 45) Andre Farah, owner and applicant walked over to the podium and talked of his petition and stated that in 2003 he was in front of the Board of Appeals with this exact-Proposed addition and was approved by the Board at that time. Farah stated that they did not act on it because of various unforeseen circumstances. Page 2 of 4 January 10, 2012 Toim of orth Andover ZONING BOARD OF APPEALS t%ORTH Albert A Manzi III,Esq. Chairman 4 , ,. a.D ,",,'6 Associate Member Ellen A McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J Byers,Esq. Clerk . 0 Richart/M. Vaillancourt Zoning Enforcement Officer o 4rg.0 D. Paul Koch Jr. 4 Gerald A.Brown Manzi mentioned that the abutter from 1135 Salem Street was notified of this project. Since this abutter was new to the neighborhood he was not notified of the petition. A Certified/Return Receipt mailing was sent and a phone message was also left to this abutter. Mcintyre asked of the Title 5 from Farah that she had requested at the last meeting. Farah did not have it with him, but stated it was approved and that he can bring it to the Building Department. Manzi mentioned that it was a significant relief that the applicant needed. Koch asked if the project has been modified since the last meeting. Farah said no. Glen Aspeslagh, of 1132 Salem Street, a direct abutter to Farah stated that it is even less than 6.8 feet from the property line and that you have to take into consideration the stone wall making it even closer to his property line. Aspeslagh stated his position remains the same from the last meeting. He still remains not in favor of the project,but wants to point out it is nothing personal against the Farah's. Brown reiterated to the board what Farah was requesting from his petition to the Board. Vaillancourt asked Aspeslagh if he and the Farah's discussed this project to come up with a better solution. Aspeslagh stated that no attempt for discussion was made before or after by the Farah's. Kathleen Farah owner and applicant of 1116 Salem Street walked over to the podium stating that the reason for this addition is to provide living area for their Down syndrome son who is turning 21 years of age. Kathleen Farah also wanted to point out that they are not blocking their neighbors view. Manzi went over the rules for voting on petitions to the Farah's and what they needed to have their project approved. Manzi also talked of how many members were needed to vote in favor to approve their petitions. Manzi also discussed another option, "Withdraw without Prejudice". Manzi felt it is good for applicants to know the procedures and options before the Board members vote on any petition. Farah spoke of the reasons why they are requesting the addition be located as proposed, and not in the back of the house. Farah spoke of the septic tanks, and the slopes in the back of the yard. This proposed addition makes sense and flows better with the house. Farah also talked of how this same petition was approved by the Board of Appeals back in 2003. Page 3 of 4 January 10,2012 Town of North Andover ZONING BOARD OFAPPEALS %AORTH Albert A Manzi 111,Es q. Chairman Associate Member to Ellen A McIntyre, Vice-Chairman Z� Michael P. Liporto Richard J Byers,Esq. Clerk Richard M Vaillancourt Zoning Enforcement Officer D.Paul Koch Jr. 'V C US Gerald A. Brown Byers made a motion to close the Hearing. Koch second the motion Those voting in favor to close the meeting were; Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and D. Paul Koch Jr. All were in favor 5-0 Manzi asked Farah if he wants the Board to vote on the petition now. Farah stated yes. Vaillancourt made a motion for the Variance from Section 7 Paragraph 7.3 and Table 2 from the Zoning Bylaws and referenced all the plans and maps in front of him. McIntyre second the motion. Those not in favor of the Variance were; Ellen McIntyre, Richard Byers, Richard Vaillancourt, and D. Paul Koch Jr. Those in favor of the Variance were; Albert Manzi. I in favor and 4 not in favor of the Variance This application was denied. Vaillancourt made a motion for the Special Permit from Section 9 and Paragraph 9.2 of the Zoning Bylaws and also referenced all the plans and maps in front of him. McIntyre second the motion. Those not in favor of the Special Permit were; Ellen McIntyre, Richard Byers, Richard Vaillancourt, and D. Paul Koch Jr. Those in favor of the Special Permit were;Albert Manzi. 1 in favor and 4 not in favor of the Special Permit This application was denied. Manzi stated that the election for the Zoning Board Members did not make it to the January Agenda. This is something that will need to be done in February. Manzi asked the Zoning Assistant to put that in the February Agenda. Byers made a motion to adjourn Vaillancourt second the motion All were in favor to adjourn the meeting: Manzi, McIntyre, Byers,Vaillancourt, Lipolto and Koch Adjournment: 8:15 Page 4 of 4 January 10, 2012