Zoning Board of Appeals

APPROVED ZONING BOARD OF APPEALS MEETING MINUTES SPECIAL MEETING March 19, 2020 – at 7:00 p.m. (Posted in accordance with the provisions of MGL Ch. 39, Sec. 23A, as amended) 62 Friend St. Amesbury Ma 01913 In Attendance: Chair-Women Sharon McDermot, Donna Collins, Matt Vincent, Michael McCarthy, David Haraske, and the Director of Planning Nipun Jain Absent: Robert Orem Sharon McDermot opens the special meeting of March 19, 2020 at 7:00pm with an opening statement; We have an administrative hearing, Meadowbrook Estates Ventures, LLC- has a request to extend the comprehensive permit pursuant to 760 CMR 65.05 ( 12 ) ( C ). Before we hear from the attorneys she states that due to the current public health emergency, City Hall is closed to the public during the time of this meeting. Unfortunately, City Hall does not yet have a means of providing the public with alternative real time access to this meeting. Due to the deadline for action by the Board under 760 CMR 5.05 (11), and having consulted Town Counsel, we have determined that the Board should meet and act on this matter. In compliance with Governor’s Order suspending certain aspects of the Open Meeting Law, we will post a record of this meeting on the City’s website as soon as possible. Sharon McDermot states that this is just an administrate hearing so they ask that representatives stand up and introduce themselves briefly. Peter J. Caruso, Esq. of Caruso & Caruso, LLP represents the applicants who are making the extension request. He has been before the Board many times since the start of the project. At this time, they do not have someone that is willing to step up to the plate. They request that they accept the applicant’s extension request. Sharon McDermot addresses the letter that the applicant’s representative had sent to the Board; it stated that they had provided conceptual plans to the Zoning Board, she searched and is unable to find those, and the City’s representatives cannot find them. She asks that the applicant’s representative provide those documents to the Board again. Peter Caruso agrees to find and send them. The Director of Planning states that the Zoning Board does not have those plans, but he has seen some discussion on the conceptual plans three (3) years ago. He is aware of the site and what was approved for this area, the Chairwomen is looking for clarification for the total number of units and plans that accompany that. Peter Caruso understands. Stating that there are a number of plans that show the total number of units. David Haraske when the last discussion was made with the Planning Board on this matter. Zoning Board of Appeals- Meeting Minutes- March 19, 2020 Page 1 APPROVED Peter Caruso states that they were spending thousands of dollars to produce plans with the possibility that they would change. Sharon McDermot states that at this time the Board has discussed giving the applicant a twelve-month (12) extension until March 31, 2021 and there are conditions attached to that approval; 1. Within sixty (60) the applicant will submit three (3) copies of the complete set of most recent plans and documents pertaining to the approved development and decision, including the site layout plans, utility, drainage, grading plans, environmental designs, and storm water management reports and other supporting engineering drawings and documents. 2. A list of all other federal, state, and local permits needed to start construction 3. Within hundred and eighty (180) days the applicant will submit three (3) copies of the complete application and supporting materials submitted to federal and state agencies for permits required to start construction authorized by this decision 4. Within three hundred (300) days the applicant shall submit three (3) copies of all other approvals received from federal, and state agencies or permits required to start construction authorized by this decision or in the absence of such permits or approvals. Peter Caruso states that they do not have some of those items because they do not have someone willing to develop the project The Director of Planning states that the application is for an approved 40B. Peter Caruso states that the application is for an extension for a 40B. The Director of Planning confirms that they have an approved project, they are asking for an extension for an approved permit. So under that permit, they are required to start construction within a certain period of time, otherwise the permit will lapse. In order to start construction, they will need to have all permits in place as an applicant. If they are going to start construction, which is the underlying presumption of the permit, you need to make applications for the other permits that are necessary to carry out the construction. In order for the City to gauge where they are at different time periods, those are some of the key benchmarks that they would have to show and demonstrate to the Board. That is the intent of asking for what they are doing with the permits. If they are able to do so, then they should be presenting them to the Zoning Board of Appeals in a timely matter. If they are not for whatever reason, then the Zoning Board will look at that information within the year. A motion to approve the extension request for a one year extension with the conditions stated Meadowbrook Estates Ventures, LLC for the comprehensive permit pursuant to 760 CMR 65.05 (12) ( C ) is made by Donna Collins and seconded by Michael McCarthy. VOTE Michael McCarthy YES Matt Vincent YES Donna Collins YES Sharon McDermot YES David Haraske YES Zoning Board of Appeals- Meeting Minutes- March 19, 2020 Page 2 APPROVED A motion to close the Zoning Board of Appeals special meeting at 7:15 is made by Michael McCarthy and seconded by David Haraske AIF (5) VOTE Michael McCarthy YES Matt Vincent YES Donna Collins YES Sharon McDermot YES David Haraske YES Zoning Board of Appeals- Meeting Minutes- March 19, 2020 Page 3