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HomeMy WebLinkAbout05.01.12 Town ofNorth Andover r') % ZONING BOARD OF APPEALS T Albert P.Manzi III,Esq. Chairman "� �° } � y .6 oa Associate Member Ellen P.McIntyre, Vice-Chairman _ Michael P.Liporto J Richard Byers,Esq. Cleric 4 . * Tyler Speck D. Paul Koch JR.Esq. ^�, A r' Zoning Enforcement Officer 0 ATOP' �� Gerald A. Brown �sSAC14U5 DRAFT MINUTES Tuesday,May 1st,2012 at 7:30 PM Senior Center 120R Main Street,North Andover,Massachusetts Members present: Albert Manzi III (arrived at 8:20),Ellen McIntyre,Richard Byers and Paul Koch Associate Member: Michael Liporto and Tyler Specie Also in attendance: Zoning Enforcement Officer: Gerald Brown McIntyre stated that Chairman Manzi is at a Planning Board Meeting so she would be the Acting Chair until Manzi arrives. The meeting was called to order at 7:32. Pledge of Allegiance Acceptance of Minutes April 10,2012 Byers made a motion to approve the minutes as written Liporto Second the motion. Those voting in favor to approve the minutes for April were; Ellen McIntyre, Richard Byers and Michael Liporto. 3-0 Committee Report Housing Partnership Report,McIntyre stated that they did not meet this month and she has nothing to report. Although McIntyre did state there will be a scheduled ribbon cutting ceremony for Steven's Corner and she would check her calendar and would announce that date during the meeting tonight. McIntyre stated that she was going to go out of order to the New Public Hearing. A Special Permit in an R-4 Zoning District, applicant Gene Espinola, 41 Second Street (Map 30, Parcel 35) Atty. Ray Vivenzio walked over to the podium. Vivenzio stated that he is representing his client, Gene Espinola. Vivenzio talked of the dilapidated structure that exists on this lot. His client wants to raze this existing structure and construct a new four(4)unit dwelling. The applicant has been to the Historic Committee and there was no historic value to this house. Vivenzio stated that his client is only seeking a. Special Permit, and needs no variances since he meets all the setbacks. Page 1 of 7 May 1, 2012 Town of North Andover ZONING BOARD OF APPEALS 0ORT11 Albert P. Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto Richard J Byers,Esq. Clerk Tyler Speck D.Paul Koch JR.Esq. Zoning Enforcement Officer Gerald A. Brown ACHU Vivenzio presented a copy of an assessors' map of the area in question to the Board, and the abutters that were present at the meeting. The map showed various lots. Those colored in yellow were multi-family, blue were non-residential and non colors were single family homes. Vivenzio talked of the neighborhood, and again pointed out what homes were single homes, duplex and multiple dwellings. Vivenzio also pointed out where the North Andover Housing Authority was on the map. Vivenzio also talked of the plans and maps that were submitted in the Board's packets. Vivenzio also talked of the parking area that was provided and that each unit would be allowed two (2) spots and that it would be located in the front of the four (4)-unit dwellings. Vivenzio announced that the Engineer, William McLeod is here to answer any questions. McLeod stated that each unit is 1,800 square feet. Koch asked the current zoning of this area,Vivenzio responded R-4. McIntyre asked why parking was in front of the dwellings rather than the back. McLeod responded that the least amount of pavement is used this way,the main access door is in the front and also they would loose usable green space if the parking was placed in the backyard. McIntyre stated it looks like no garages were planned out for the project,McLeod stated no that garages were not included in the proposed project. McIntyre informed the abutters that they will all have the opportunity to voice their opinions and ask questions, after the material regarding this project had been presented to the Board. Byers was curious and asked why this project was not designed with garages. McLeod stated that the topography of the lot was flat, and if they added garages they would elevate the building's height too far off the ground. Byers stated that other projects in town have this very same situation and they manage to put a garage into the plans. McLeod answered Byers that it would create less in livable space. Byers suggested what if they just build two (2)units on this lot instead of four(4) units. Liporto asked of the topography and if it dropped off a few feet. Espinola, the applicant for the property stood up and stated the reason he did not add any garages to the plan. He stated that it was for the appearance it would give off to the area. Espinola stated that adding the garages under each dwelling would not fit in with the surrounding homes around the area, since the structure would be too high and not compliment the neighborhood. Byers asked of the parking in front. McLeod pointed out the pole and the hydrant and the reasons they chose for locating the parking. McLeod also talked of the snow removal in the lot and where the snow could be plowed and pushed into. Page 2 of 7 May 1, 2012 Town of North Andover ZONING BOARD OF APPEALS tkORTH Albert P.Manzi III,Esq. Chairman Associate Member 'b 'V o 0 A " . " . Ellen P.McIntyre, Vice-Chairman 0 Z_ 0 Michael P.L iporto Richard J.Byers,- Esq. Clerk Tyler Speck D. Paul Koch JR.Esq. Zoning Enforcement Officer ^Too Gerald A. Brown SSNCHU McIntyre asked the abutters if anyone was in favor of this project, no one who attended the meeting tonight was in favor of the proposed project as it was designed. Lisa La Mountain, of 27 Second Street walked over to the podium and voiced her concerns regarding the property and stated she takes pride in her environment. She also stated that this property abuts her lot. The reason why she moved into this duplex was because of the beautiful trees that surrounded her property. La Mountain also felt it would change the look and feel of the area and she was against it. She also mentioned the traffic,noise and the environment she takes pride in would be compromised. Lisa Loosigan, of 42 Second Street stated that she felt it was an attractive design, but her concerns were of the parking in front of the dwellings. Since she was across the street from this property she did not want to look out her windows and see eight (8) cars lined up. She also shares the same concerns of the beautiful flowering trees that La Mountain mentioned. Loosigan also talked of the parking in the area that is taken up by those who are home health aids and caretakers for the elderly who are living in the North Andover housing complex. Helen Matheson, of 32 Second Street voiced her concerns with the parking. She stated that as it is,many people are parking on the streets or up on the sidewalks. She felt the neighborhood was congested enough. She also stated that many people that live in the elderly housing complex also park on the street as well as the guest who visit those living in this elderly housing complex. Manuel Salinas, of 52-53 Second Street, also was not in favor of the four(4) units since it would create more traffic, congestion and noise. He also agreed that the building looks very nice and is glad that someone is taking the initiative to fix this building, but felt it should be less than a four(4) unit dwelling. Catherine Raadmae, of 45 Second Street also stated that it was too congested in this area and wanted to preserve the area, but felt although the proposed project looks very nice, she felt a four(4) family would create too much traffic in the area. She also stated that many people that live in the elderly housing complex also park on the street, as well as their visitors. She did feel that something should be done on this property, but not a four (4) family unit. Michael Flynn, of 66 Maple Ave asked questions because he wanted a sense and feel of this project. He asked questions regarding the size of the proposed structure, lot dimensions, height, property line and parking. He also asked where guests of this proposed project would park. Page 3 of 7 May 1, 2012 Town of North Andover ZONING BOARD OF APPEALS ORTH Albert P. Manzi III,Esq. Chairman t% 6;�tio Associate Member Ellen A McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J Tyler Speck Byers,Esq. Clerk *4 07 D.Paul Koch JR. Esq. Zoning Enforcement Officer Gerald A.Brown C U McIntyre asked Brown on the two (2)parking spots allowed per unit. Brown talked of the curb cuts and also reiterated what was stated on putting the parking in back and how any usable space would be eliminated if the parking went to the back of the units. McIntyre asked Brown on parking in the front and if it was allowed Brown also mentioned how the North Andover Housing Authority takes up much of the parking in the area, and that this applicant should not be responsible for this issue or penalized that the North Andover Housing complex creates most of the congestion,parking and traffic that has been discussed by many of the abutters here tonight. Brown answered McIntyre's question, yes they can park cars in the front of the property. David Fournier, also of 45 Second Street stated that he is dead set against four(4)units. In the winter there is no street parking, so visitors can not park on street. He also stated that many people that live in the elderly housing, also park on the street as well as their visitors, and also those who are caretakers and health aids. Fournier also stated that parking is very difficult during the winter months. Vivenzio, stated that maybe they can look at a different configuration for parking to soften or dilute the look of 8 cars side by side. This applicant should not be responsible for the issue or penalized that the North Andover Housing complex creates most of the congestion,parking and traffic that has been discussed by many of the abutters here tonight. They also talked of replacing the old fence with a new fence,possibly vinyl. Vivenzio stated that the applicant is requesting a continuance to the next meeting. Speck asked about parking, and if it was possible to have additional spots to park cars. Byers asked of the number of bedrooms in each unit. Vivenzio stated there will be three (3)bedrooms in each unit. Each unit has a total of three (3) floors. McIntyre stated that the applicant should listen to the abutters concerns and explore things such as; parking, landscaping, location of the cars parked on the proposed project,the lack of care on the property,noise, elderly housing (including the parking), guest parking,two (2) units rather than four (4) units, and possibly including garages into the project. Byers made a motion to continue this hearing for 41 Second Street till June I 91h at the Senior Center. Koch second the motion. Those voting in favor to continue the hearing till June 19th were Ellen McIntyre, Richard Byers and Michael Liporto, Paul Koch and Tyler Speck. 5-0 Page 4 of 7 May 1, 2012 Town of North Andover ZONING BOARD OFAPPEALS "ORY Ff Albert P.Manzi III,Esq. Chairman Associate Member 7 Ellen P.McIntyre, Vice-Chairman 6 o Michael P.Liporto Richard J Byers,Esq. Clerk Tyler Speck D. Paul Koch JR. Esq. Zoning Enforcement Officer Area Gerald A. Brown U McIntyre moved down to the Miscellaneous Correspondence Only one (1) correspondence was included in the Board's packets this month. "MVPC'S Annual Regional Planning Day", it was time stamped April 18, 2012. Byers stated that Congresswomen,Niki Tsongas will be a guest speaker for this event and that it will be held at the Haverhill Country Club May 21't. McIntyre wanted to give the details on the ribbon cutting ceremony that she mentioned earlier on in the meeting. The ceremony will be at Steven's Comer through NOAH on May 23`d from 10:30 AM-12:30 PM. Chairman Manzi arrived and McIntyre passed the gavel over to him. Manzi stated that the Discussion will be for One Hundred Fourteen Trust(Hingorani)Merrimac Condo to OK transfer of permit to a new corporate entity and also to OK a new State Form of the Regulatory Agreement. Atty.Donald Borenstein walked over to the podium. He is representing his client,Peter Hingorani. Borenstein gave a brief summary and history on the affordable 40B project. It was short of 15 acres that included 3 single homes and 49 town house units and were approved in August of 2007 (with a Comprehensive Permit). This project is on Berry Street and has 8 acres that are reserved as a Conservation easement. Borenstein request to execute 3 items; The Mass Housing form was updated and needed to be approved by the Board, Permit will be transferred into a new corporate entity and Regulatory Agreement(back in 2010)had a few transposed dates to correct typos. Manzi stated that he was satisfied with what he has heard and also the materials and letters he has in front of him along with what came out of Tom Urbelis and Carol McGravey offices'. Byers made a motion to approve the final Regulatory Agreement, in the updated form now required by MassHousing as submitted by the Applicant's legal counsel the Board and changing the name of the Developer to Berry/114 Company, LLC, and to authorize the Board's Chairman to execute an updated acknowledgement of the current form of the MassHousing Regulatory Agreement on behalf of the Board, the Board having previously approved an earlier version of the MassHousing form Regulatory Agreement by Motion approved by the Board on August 10, 2010 provided that applicant's legal counsel shall hold the signed Acknowledgement in escrow pending review and approval of the final executed documents by Town Counsel prior to recording; and to correct scrivener's errors in the Board's Motion of August 10, 2010, concerning the "last revised dates" of certain sheets in the final plan set of record, on file with the Board, as follows: Sheet I of 20 Overall Boundary Sheet Index Plan, last revised August 5, 2010 Page 5 of 7 May 1, 2012 Town of North Andover ZONING BOARD OF APPEALS t4ORT01 Albert P.Manzi III,Es q. Chairman "ID ,,- - Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J Byers,Esq. Clerk Tyler Speck D.Paul Koch JR. Esq. Zoning Enforcement Officer Arm. Gerald A. Brown S C IN S Sheet 4 of 20 Existing Topography, last revised July 28, 2010 Sheet 17 of 20 Details Sheet, last revised August 5,2010 To approve, as an insubstantial change,the transfer of the Permit from the current Applicant to Berry 114 Company LLC, pursuant to 760 CMR 56.07(4) & 56.12. McIntyre second the motion Those voting in favor to approve the Regulatory Agreement were Albeit Manzi Ill., Ellen McIntyre, Richard Byers and Michael Liporto, and Paul Koch, 5-0 Byers made a motion to The undersigned duly appointed Chairman and members of the North Andover Zoning Board of Appeals hereby acknowledge that, after due consideration of the Developer's request, pursuant to the requirements of 760 CMR 56.05(l 1), the Board hereby agrees that the foregoing Regulatory Agreement, including the terms and conditions of the form of Affordable Housing Restriction, Affordability Monitoring Services Agreement, and Limited Dividend Monitoring Services Agreement attached thereto, satisfy the requirements of the Comprehensive Permit as defined therein. Without limiting the generality of the foregoing, the units in the Project required to be affordable under the Comprehensive Permit shall be affordable if such units are subject to an Affordable Housing Restriction in the form attached to the foregoing Regulatory Agreement; any local preference set forth in the Comprehensive Permit shall be implemented only to the extent in compliance with applicable state and federal fair housing rules; and compliance with the limited dividend requirement shall be determined solely by the Subsidizing Agency (as defined at 760 CMR 56.02) under the Regulatory Agreement using the standards of the Subsidizing Agency applicable to comprehensive permit projects in accordance with the Comprehensive Permit Guidelines. In addition, the conflict provision of the Regulatory Agreement shall control over any conflict provision of the Comprehensive Permit. McIntyre Second the motion Those voting in favor were Albert Manzi Ill., Ellen McIntyre, Richard Byers and Michael Liporto, and Paul Koch. 5-0 Page 6 of 7 May 1, 2012 Town of North Andover ZONING BOARD OF APPEALS O Albert P.Manzi 111,Esq. Chairman ORTH "I Associate Member Ellen A McIntyre, Vice-Chairman Michael P.Liporto Richard J Byers,Esq. Clerk Tyler Speck D. Paul Koch JR.Esq. Zoning Enforcement Officer Gerald A.Brown S C US Byers made a motion to adjourn Koch Second the motion Those voting in favor to adjourn were Albeit Manzi, Ellen McIntyre, Richard Byers, Paul Koch JR, Michael Lipoito and Tyler Speck. Adjournment: 8:45 Page 7 of 7 May 1, 2012