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HomeMy WebLinkAbout2016-06-28 Zoning Board of Appeals Minutes Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Tuesday June 28,2016 at 7:00 PM School Administration Building 566 Main Street, North Andover,Massachusetts Members present:Al Manzi III, Esq., Ellen P McIntyre,Allan Cuscia, D.Paul Koch Jr Esq.and Douglas Ludgin Associate Members present:Alexandria Jacobs, Esq.,and Nathan Weinreich. Absent Member(s): Deney Morganthal Albert P. Manzi III called the Meeting to order at 7:00pm Pledge of Allegiance Executive Session 7:02pm Ellen McIntyre moved to go into executive session for consultation with Town Counsel for confidential legal advice;and to discuss litigation strategy in National Refrigeration v.Zoning Board of Appeals,and the Chair declare that an open meeting would be detrimental to the Town's litigation strategy and to return to open session. Allan Cuscia seconds the motion Those voting in favor of the motion were:Albert P. Manzi III, D.Paul Koch, Ellen McIntyre,Allan Cuscia, Doug Ludgin,Alexandria Jacobs and Nathan Weinreich. Meeting resumed at 7:26pm Acceptance of Minutes May 03,2016 Ellen McIntyre made a motion to approve Allan Cuscia seconds the motion Those voting in favor to approve the minutes were:Albert P. Manzi III, D.Paul Koch, Ellen McIntyre,Allan Cuscia,Alexandria Jacobs and Nathan Weinreich. Doug Ludgin abstained from voting,The Chairman declared the minutes approved. Committee Reports Housing Partnership Committee Ellen McIntyre stated that Merylle Chase the ZBA Assistant received handed her a printout of the website that states the Committee is not active right now. Albert P. Manzi III stated that if the committee is no longer active that we can move for it to be stricken from our Committee Reports. E. McIntyre moved to have the Housing Partnership Committee removed from the ZBA Agenda. D.Paul Koch seconds the motion. Those voting in favor were:Albert P. Manzi III, D.Paul Koch, Ellen McIntyre,Allan Cuscia, Doug Ludgin,Alexandria Jacobs and Nathan Weinreich. The Chairman declared the Report to be stricken. Selectman OSGOD Committee Report Ellen McIntyre stated that there was no meeting held since the last update at the May 03,2016 ZBA Miscellaneous Correspondence CHAPA Letter dated 5/4/16,Goodman,Shapiro& Lombardi, LLC letter dated 6/2/16 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Continued Public Hearing The Petitioner is requesting Variance(s)from Table 2 of the Zoning Bylaws(Dimensional Requirements) Steven Morris,for property address 1 Peters Street(Map 24, Parcels 62), North Andover, MA 01845 in the R4 Zoning District. D.Paul Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center at 120R Main Street, North Andover, MA on Tuesday, May 3rd, at 7:30 PM to all parties interested in the petition of Stephen Morris, for property address 1 Peters Street (Map 24, Parcels 62), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting Variance(s) 10 feet(front)the requirement is 30 feet from Table 2 of the Zoning Bylaws, 1.5 feet(left side) the requirement is 15 feet(Dimensional Requirements), 10 feet(rear)the requirement is 30 feet Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00,Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq.,Chairman Published in the Eagle Tribune on:April 19,2016 and April 26,2016 Mr.Stephen Morris owner of the property located at 1 Peters Street, North Andover, MA. 01845,Attorney Jarod Scarpaci and Betsy Nelson of Decastro Nelson Associates, Inc. are at the podium/table to speak. Albert P Manzi III stated that this hearing has been continued over from May 03,2016 and asked what was new in design and drainage since the last hearing. Jarod Scarpaci is at the podium speaking to the drainage plan and the new drainage plan for the property with a new well and catch basin design and states that yes the design is for both rain water runoff and gutters run off,that yes it was done by Great Northern. He goes on to describe exactly where on the stamped certified drawing of the lot of land the new drainage well and catch basin are located and shown. No since telling her at the last meeting that there would be some kind of drainage plan it resolved whatever questions or concern there might have been Albert P Manzi III asks if the plans for the well and catch basin is for the rain water runoff and gutters asks who did the design of the drainage plan,was it Great Northern. He also asks if any of the abutters have seen the new design for water runoff Doug Ludgin states that he has a dimensional question and that he would not be voting on this hearing because he was not at the previous meeting, but he would like some clarification on the site plan that on the proposed additions and the architectural drawings, where specifically the garage and the main house connect. Ellen McIntyre also states that she has concerns in regard to the Site Plan and the Architectural drawing not matching and the need for clarification on the rear set back is the setback 13.5 feet or is it 20 feet because of how the lot is set is that a side or rear. Albert P Manzi III asks if the difference effects what Variances were advertised and requested from the ZBA.Albert P. Manzi III also states that the decision would reference the Site Plan and not the architectural drawings and that the Inspector of Buildings would address the Architectural drawing upon the Building Permit application submittal. Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Jarod Scarpaci addresses the fact that the site plan and the architectural plan do not line up and that they will need to be within the footprint of Site Plan. Betsy Nelson asked for clarification that if approved the ZBA would be approving the Site Plan and referencing the Site Plan in the decision not the architectural. Albert P Manzi III states that the decision will reference the Proposed Site Plan not the architectural plans but that they should tie together because that is the footprint they would need to stay within. Stephen Morris states that he spoke with Gerald Brown Building Inspector and that Gerald Brown stated that that is the side setback not a rear setback. Ellen McIntyre also mentioned that the front setback is incorrect on the plans that it should show the existing setback at 19.5 feet not 20 feet. Albert P Manzi III states that the Mylar would need to be corrected to show the correct setbacks.A. Manzi asks if any abutters are present. There are no abutters at the hearing for this project. The Board is reviewing the documents(Proposed Site Drainage",Great Northern Survey, LLC. Dated June 21,2016 by Scott T. Ludwig) presented to the Board by the applicant.The plans world all have to be redone to tie together and be cohesive. Albert P Manzi III explains to the applicant that the ZBA is a 5 member board with 3 alternates and that a majority vote is needed in order to pass. He asks if all Board members were present at the May 03,2016 meeting in order for them to vote on this hearing. Doug Ludgin will be abstaining from the vote due to the fact he was not present at the last meeting. Albert P. Manzi III clarified that in place of Doug Ludgin Alexandria Jacobs would be voting. Allan Cuscia made a motion to close the public hearing. D.Paul Koch seconds the motion All in favor to close the Public hearing Albert P. Manzi III, D.Paul Koch, Ellen McIntyre,Allan Cuscia,Alexandria Jacobs and Nathan Weinreich. Doug Ludgin abstained from voting,The Chairman declared the meeting closed. The Board deliberated on the application.Allan Cuscia spoke to the irregularity of the lot and the hardship due to the fact of the State having taken part of it for eminent domain and that the proposed work would be an enhancement to the Town and improve the value of their property and the properties around them. D.Paul Koch enters a motion to Grant the application of Stephen Morris, for property address 1 Peters Street (Map 24, Parcels 62), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting Variance(s) 10 feet(front)the requirement is 30 feet from Table 2 of the Zoning Bylaws, 1.5 feet(left side) the requirement is 15 feet(Dimensional Requirements), 10 feet(rear)the requirement is 30 feet With the following Conditions: 31 Pa (, e 11 alle 28 1 2 01 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Upon Approvals from the Inspector of Buildings,and an updated Mylar filed with the ZBA on the approved project. The dwelling that is constructed must stay with the boundaries as shown in the "Proposed Plan"containing one(1) sheet,Showing Lot 62, (Assessor's Map 24 Lot 62) Prepared by Great Northern Survey, LLC., Dated March 28,2016 D.Paul Koch referenced all letters and written materials that were in front of him, along with all associated dates and those that prepared and/or created said documents. Allan Cuscia seconds the motion to grant the Variances All those in favor of the Variances were Albert P. Manzi III, D.Paul Koch,Allan Cuscia,and Alexandria Jacobs. Against Ellen McIntyre 4-1 all in favor Chairman declared approved Variances Granted. New Public Hearing The Petitioner is requesting a Special Permit Carrie Bianchi&Tim Busick,for property address 100 Sutton Hill Road(Map 97, Parcels 13), North Andover, MA 01845 in the R3 Zoning District. D.Paul Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street,North Andover, MA on Tuesday,June 28th, at 7:30 PM to all parties interested in the petition of Carrie Bianchi &Tim Busick, for property address 100 Sutton Hill Road(Map 97, Parcels 13), North Andover, MA 01845 in the R3 Zoning District. The Petitioner is requesting a Special Permit from 4.121.17 of the Zoning Bylaw (Family Suite in the R-3 Zoning District) is required from the Zoning Board of Appeals. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00,Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq.,Chairman Published in the Eagle Tribune on:April 19,2016 and April 26,2016 Mr.Tim Busick and Carrie Bianchi owners of the property located at 100 Sutton Hill Road, North Andover, MA. 01845 are at the podium/table to speak.T. Busick states that they are looking to build a family suite over the garage we are looking to replace the garage for my wife's parents to move into, it would consist of a bedroom, living area, bathroom and small kitchen Ellen McIntyre asks if the garage is an existing structure or if it is going to be bigger,and if it is an existing family suite now or will this be a new family suite. Ellen McIntyre and Allan Cuscia also ask if they will be demolishing the existing garage because there is a demo permit in their application. Timothy Busick and Carrie Bianchi states that yes they will be demolishing the garage and the rebuilding a larger one with the family suite above. Allan Cuscia requests clarification on where the entrance to the family suite will be. 41 Pa (, e 11 alle 28 1 2 01 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Carrie Bianchi states that there will now be an entrance into a mud room area which will then lead to the new family suite. Albert P Manzi III asks for clarification on the site plan. Carrie Bianchi walks up the Board Table to explain the site plan and the entrances. Allan Cuscia asks what the square footage is for the residence and then the square footage for the proposed family suite and the percentage. Mr. Bianchi the applicants father and the proposed occupant of the family suite,states that the total square footage for the residence is 2,755 and the proposed family suite would be 689 square feet which is exactly 25%. Albert P Manzi III asks to what the new construction exterior will look like. Mr. Busick and Ms. Bianchi state that it will be clapboard siding to match the existing home. Albert P Manzi III asks if the applicants have any pictures of the current home to show what current home exterior looks like. Mr. Bianchi steps up to the podium/table to describe what the exterior does and will look like. Basically when we designed this addition we didn't want it to go straight up so the architect/designer designed so that it will have a dormer in the front which will mimic the dormers on the current house,which is basically a Cape style house with a full dormer in the back. Albert P Manzi III asks if the height is basically the same as the current house. Mr. Bianchi states that it will be a little less. Albert P Manzi III asks about guttering for the house. Mr. Bianchi states that the current home does not have gutters on it, but may consider them at a later date if necessary there are renovations that need to happen to the existing home and one of the items discussed was the installation of gutters. Albert P Manzi III asked if the addition adds substantially more impervious cover. Mr. Bianchi states that no the change is approximately 2%of the square footage of the lot and a large portion of that is currently driveway. Albert P Manzi III asks what the topography of the property is like. Mr. Bianchi states that the land slope downward away from the street,and that the street is a lot higher than the structure. Mr. Busick shows Allan P Manzi III picture from his phone of the home. Albert P Manzi III asks if there are any other Board approvals needed. Mr. Bianchi states that no there are no other approvals needed. SlPa (, e 11 alle 28 1 2 01 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Albert P Manzi III asks the applicants if the Bylaw for a Family Suite has been explained to them. Ms. Bianchi, Mr. Busick and Mr. Bianchi all state in the affirmative that yes the Bylaw has been explained to them. Albert P Manzi III asks if the Board has any other questions or if there are any abutters present that would like to speak or be heard. There are no abutters present for this applicant. Allan Cuscia restated that this application is for a Family Suite not a two family and that only the applicant's family may reside there and that when sold it is a single family home. Ms. Bianchi, Mr. Busick and Mr. Bianchi all state in the affirmative that yes the Bylaw has been explained to them Ellen McIntyre made a motion to close the public hearing. D.Paul Koch seconds the motion All in favor to close the Public hearing Albert P Manzi III, D.Paul Koch, Ellen McIntyre,Allan Cuscia,Alexandria Jacobs and Nathan Weinreich. Doug Ludgin abstained from voting,The Chairman declared the meeting closed. D.Paul Koch enters a motion to Grant the application of Carrie Bianchi&Tim Busick, for property address 100 Sutton Hill Road (Map 97, Parcels 13), North Andover, MA 01845 in the R3 Zoning District. The Petitioner is requesting a Special Permit from 4.121.17 of the Zoning Bylaw (Family Suite in the R-3 Zoning District) is required from the Zoning Board of Appeals. D.Paul Koch referenced all letters and written materials that were in front of him, along with all associated dates and those that prepared and/or created said documents. Doug Ludgin seconds the motion to grant the Special Permit All those in favor of the Special Permit were Albert P. Manzi III, D.Paul Koch,Allan Cuscia, Ellen McIntyre,and Doug Ludgin. 5-0 all in favor Chairman declared approved Special Permit Granted. New Public Hearing The Petitioner is requesting a Special Permit Jody Allen,Trustee of the 10 Silsbee Nominee Trust,for property address 10 Silsbee Road, North Andover, MA.01845(Map 20, Parcels 29),North Andover, MA 01845 in the R4 Zoning District. D.Paul Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday,June 28th, at 7:30 PM to all parties interested in the petition of Jody Allen,Trustee of the 10 Silsbee Nominee Trust, for property address 10 Silsbee Road, North Andover, MA. 01845 (Map 20, Parcels 29), North Andover, MA 01845 in the R4 Zoning District. 61 Pa (, e 11 alle 28 1 2 01 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger The Petitioner is requesting a Special Permit from 4.122.22 of the Zoning Bylaw(Family in the R-4 Zoning District) is required from the Zoning Board of Appeals and a Variance from Table 2 Summary of Dimensional Requirements required is 30'feet proposed 16.69'feet Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday,Wednesday and Thursday from the hours of 8:00-4:00,Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals,Albert P. Manzi III, Esq.,Chairman, Published in the Eagle Tribune on:June 14,2016&June 21,2016 Jody Allen owner of the property located at 10 Silsbee Road North Andover, MA.01845 and Camille Miragliotta Daly Attorney are at the podium/table to speak.Jody Allen states that they are looking to build a family suite. Ellen McIntyre asks what the Variance Request is for. Camille Daly states that it is for the rear setback which is supposed to be 30 feet but we are requesting to have 16.69 feet. Ellen McIntyre asks if this is setback is existing. Allan Cuscia clarifies that the applicant would like to create the 16.69 foot setback which would require a Variance. Camille Daly confirms that yes that is correct. Ellen McIntyre asks why this is needed. Camille Daly states that the family suite addition is the reason and that placing the addition anywhere else it would block windows, doors, if the family suite addition was put in the front it would violate and if put on the other side it would intrude upon parking,a garage and cost more money which the applicant is trying to avoid. Albert P Manzi III speaks to the neighborhood and that if the neighbors did not like the idea or the aesthetic of the plan they would be at the ZBA meeting to oppose it. Jody Allen that's why we designed the family suite addition where it is, in order to keep it looking like a single family home and trying to keep it in the aesthetic of the neighborhood. Ellen McIntyre speaks to the fact that the family suite looks to be larger than the 25%of the square footage as outlined in the Zoning Bylaw. Ellen McIntyre also asks for clarification on the size of the existing home and square footage of the proposed family suite. Jody Allen and Camille Daly state that the square footage of the existing home is 2016 square feet and has two floors and the proposed family suite is 529. The Board asks if Gerald Brown has seen the plans and if they were ok to him or he told the applicant that another variance was needed for the proposed size of the family suite. 7IPa (, e 11 alle 28 1 2 01 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Jody Allen and Camille Daly state that yes he has seen the plans and is okay with him and no Mr. Brown did not state that another Variance was needed or that the proposed size was over the maximum allowed. The Board is discussing the size and shape of the proposed family suite and the Bylaw that is in question 4.122.There is discussion among the Board as to the definition of the Family Suite Bylaw. The Board is discussing whether or not the porch is part of living suite which brings it to 25%or if not the 25%is 504.The discussion also addresses the possibility of speaking to the Building Inspector to get clarification on the square footage calculations. Camille Daly states that he would like to get clarification from the Building Inspector on the 25%square footage. Albert P Manzi III discusses the requirements and the merits of the Zoning Board and the Building Inspectors roles in the Town in regard to the Zoning Bylaws. Allan Cuscia the issue as he sees it is the fact that the proposed family suite addition looks to be easily converted to an apartment and that it looks to be a studio apartment and that when the home is sold in the future it can be used as a studio apartment. Camille Daly speaks to the fact that it is for Mrs.Allen use only and that the family suite Special Permit is for her alone and that when the home is sold the Special Permit would go away and it would only be a single family home. The Board is discussing the design and merits of the proposed family suite. Also being discussed is the fact that the ownership of the property is in a trust and that the proposed occupant of the new family suite addition would be the trustee and that the occupant of the existing home would not be the owner of the property,and the fact that a Trust is not a person and therefore does not have siblings, parents,spouses or children and that the Bylaw in question 2.37.1"Family Suite (1987/22)A separate dwelling unit located within a single family dwelling subordinate in size to the principal unit and separated from it in a manner,which maintains the appearance of the building as a single-family dwelling.The size of the family suite is not to exceed 1200 square feet or not more than 25%of the gross floor area of the principal unit,whichever is lesser.The family suite may only be occupied by brothers,sisters, maternal parents and grandparents, in-laws and or children of the residing owners of the principal dwelling unit. In no case shall an apartment be smaller than the minimum required by health and building codes",and Bylaw 4.122 which states"Family Suite—a separate dwelling unit within or attached to a dwelling for a member of a household is allowable by Special Permit provided:a.The dwelling unit is not occupied by anyone except brothers,sisters, maternal and paternal parents and grandparents,or children of the residing owners of the dwelling unit; b.That the premises are inspected annually by the Building Inspector for conformance to this section of the Bylaw;c.The Special Permit shall be recorded at the North Essex Registry of Deeds.",and that a Trust would not have standing to apply to the Zoning Board. A. Manzi states that he believes the bylaw is stating who can live in the proposed Family Suite not who can apply for a Special Permit, he also directs the question to the applicant Jody Allen the question of who would be living in the proposed family suite. Albert Manzi III apologies to Jody Allen about the discussion and issues being addressed amongst the Board Members in reference to the size and property being in a Trust. Jody Allen and Camille Daly state that Jody Allen would be living in the proposed Family Suite and that Jody Allen is the Trustee and Joint Beneficiary along with her daughter Kim Dufrense of the Trust,and that Mr.Allen's daughter(Kim Dufrense)and her husband (Chris Dufrense)and their two children would be living in the existing home. There is discussion among the Board members as to whether or not the trustee of the property would be living in the Family Suite instead of living in the existing home.The board is discussing the merits of the application for the family suite. 81 Pa (, e 11 alle 28 1 2 01 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger There is discussion on the Trust of the application and the possible implications of the property being in a trust and that the owner would be in the family suite instead of in the main home and the possibility of the Trust being changed to have Mrs.Allen's daughter be the owner of the property. Or having the cancelled and make the daughter the owner of the property.The Board is discussing the reason for the Variance and the need for the Variance. Camille Daly speaks to the shape and logistics of the property that the only reasonable location for the family suite addition is the location because of lot size and a garage and driveway currently on the property. Also by placing it where we have it will maintain the single family aesthetic of the neighborhood. Albert P Manzi III asks the applicant if they would like to continue to the next meeting to get some clarifications on points that the Board is requesting in regard concerns,the first concern is the 1200 square feet or the 25%which is the figure reflected by the building inspectors calculations,the second the issue of the property being in a Trust and that the Trustee of the Trust living in the family suite and now in the main home,third is the Variance request specifically what is the hardship or need for the variance request. Albert P Manzi III also informs the applicant what the procedural remedies are,to continue,to call a vote,or to withdraw. Albert P Manzi III asks Merylle Chase the Zoning assistant to help facilitate a meeting between Donald Belanger, Inspector of Buildings for the Town of North Andover and the applicant.Albert Manzi III also apologizes to Mrs.Allen regarding the discourse between board members over her application. Ellen McIntyre requests information on the location and distance from the home and proposed family suite addition to the garage, also if the porch located on the back of the house covered; clarifying the porch in question is the proposed second entrance for the family suite addition. Ellen McIntyre asks if the walkway to the garage is covered and if the garage is one or two stories tall. Camille Daly and Jody Allen state that the walkway is not covered and that the garage is one story in height. Camille Daly and Jody Allen ask to continue the public hearing in order to get more information for the Board. D.Paul Koch motioned to continue this hearing for August 09 2016 Allan Cuscia seconds the motion. Those in favor to continue the hearing for August 09 2016,Albert P Manzi III, Ellen Mclntrye, D.P. Koch, Doug Ludgin,and Allan Cuscia. New Public Hearing The Petitioner is requesting a Special Permit Roberta&Thomas Clifford,for property address 19 Chadwick Street, North Andover, MA.01845(Map 66, Parcels 32), North Andover, MA 01845 in the R4 Zoning District. D.Paul Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday,June 28th,at 7:30 PM to all parties interested in the petition of Roberta &Thomas Clifford,for property address 19 Chadwick Street, North Andover, MA.01845(Map 66, Parcels 32), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting:A SPECIAL PERMIT FROM SECTION 4.122.14B OF THE ZONING BYLAW(CONVERSION FROM ONE FAMILY TO ATWO FAMILY IN THE R-4 ZONING DISTRICT) IS REQUIRED FROM THE ZONING BOARD OF APPEALS. 9 l j: age 11 alle 28 1 2 01 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday,Wednesday and Thursday from the hours of 8:00-4:00,Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq.,Chairman Published in the Eagle Tribune on: June 14,2016 June 21,2016 Attorney Brian Vaughan and Thomas Clifford are at the podium/table to speak. Albert P Manzi III has made a disclosure under Chapter 268A that Mrs. Clifford may have been a teacher for one of his children, several years ago,and offered to recuse himself.The offer of recusal was declined by both Attorney Vaughan and Mr. Clifford. Attorney Vaughan speaking on behalf of Mr. Clifford states that his presentation will be short and that the home is owned by Tom and his mother Roberta and the one thing Attorney Vaughan would like to point out is that they are in fact looking a two family conversion not a family suite,although the intent is for the unit to be occupied by Toms parents. Albert P Manzi III asks for the clarification that the applicant is in fact looking for a conversion of a single family home to a two family home. Attorney Vaughan confirms that yes they are seeking approval for a Special Permit for a conversion from a single family home to a two family home.There are a handful of nonconformities with this home but that they are preexisting. The home is a single family home with an attached garage and the plan is so expand the footprint of the garage and to put the second unit above the expanded garage, which would be occupied by Toms parents Steve and Roberta Clifford,Tom his wife and their two daughters would remain living in the existing home. The home is surrounded by and on the cross streets by larger multifamily homes we submitted pictures of those to give the Board a favor of what else is in the neighborhood.We believe the proposed plans would fit well and be consistent with the surrounding homes.As far as the dimensional criteria for the conversion as spelled out in my memo dated June 02,2016.Where we are increasing the existing structure but the expansion area is less than 50%of the gross floor area per 4.122 section 14 of the North Andover Bylaw. Attorney Vaughan asks to approach the Board to explain the plans and the dimensions of the proposed addition/conversion. The Board grants the request and Attorney Vaughan approaches the Board and explains the request. That the cross hatched section drawn on the plans is the expansion request for the new garage with a proposed 2nd garage stall with the proposed 2nd unit above, with stairway to access the unit. Ellen McIntyre is clarifying that the only request is for a Special Permit from the Zoning Board of Appeals. Attorney Vaughan confirms that yes they are only requesting a Special Permit for a conversion of a single family home to a Two family home. The Board is reviewing the application, pictures and all the pertaining documents provided by the applicant and his Attorney. Albert P. Manzi III asks if the existing garage is that still the footprint. 101Pa (' e 11 UiIc 28 2010 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Attorney Vaughan clarifies that the proposal is for the existing garage to be expanded by 12%feet to the left. Albert P. Manzi asks if there is land available on that side. Attorney Vaughan confirms that there is room on that side for the expansion. The other pictures are supporting picture they are of the three houses across the street and to the side on Brightwood Street. Ellen McIntyre makes note that Attorney Scalise used to provide the Board with color maps. Attorney Vaughan notes that they thought about it did not do it. Attorney Vaughan that maybe isn't clear is the criteria for Two Family Conversion Special Permit The one question we had discussed with Gerald Brown, Inspector of Building,Town of North Andover,the provision which the garage setback more than the 10 feet from the fagade of the house if you look at the picture of the house it appears to be consistent with the fagade of the house however the we actually front on Chadwick Street with the garage is setback is well beyond the 10 feet required from Chadwick street. Allan Cuscia requested to know the legal address of the property. Attorney Vaughan and Mr. Clifford state the legal address is 19 Chadwick Street. The Board is discussing the neighborhood and requesting information on whether Storm Water runoff and impervious ground is addressed. Mr. Clifford states that the new construction will be tied into the gutter system already on the house and garage. The street and the property slopes slightly down.Attorney Vaughan states that the Conservation Department has reviewed the design and there was no issue. Albert P. Manzi III and D.Paul Koch ask what the increase of impervious ground for the project is. Is the driveway being enlarged? Attorney Vaughan states that he does not have the square footage calculation but the increase in size is 12%foot by 9.3 feet,and yes the driveway is being expanded to match the proposed garage size which is approximately 12 feet by 18 feet. Albert P. Manzi III asks if there are any abutters or public that would like to speak.There are not any abutters or public for this hearing.Albert P. Manzi III asks if the applicant would like to add anything or would you like to close the Public Hearing. Attorney Vaughan and Mr. Clifford state yes they would like the public hearing closed. Allan Cuscia made a motion to close the public hearing. Ellen McIntyre seconds the motion All in favor to close the Public hearing Albert P Manzi III, D.Paul Koch, Ellen McIntyre,Allan Cuscia,Alexandria Jacobs and Nathan Weinreich. The Chairman declared the meeting closed. 111Page 11 UiIc 28 1 2010 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger The Board deliberated on the application. Doug Ludgin spoke to the need to expand the driveway to have it account for the additional cars. D.Paul Koch made note of the increase in impervious coverage of 788 square feet an approximate increase of 88%. D.Paul Koch enters a motion to Grant the application of Roberta &Thomas Clifford,for property address 19 Chadwick Street, North Andover, MA.01845(Map 66, Parcels 32), North Andover,MA 01845 in the R4 Zoning District. The Petitioner is requesting a Special Permit from 4.122.14.13 of the Zoning Bylaw(Conversion from a one family to a two family in the R-4 Zoning District) is required from the Zoning Board of Appeals. D.Paul Koch referenced all letters and written materials that were in front of him, along with all associated dates and those that prepared and/or created said documents. Allan Cuscia seconds the motion to grant the Special Permit All those in favor of the Special Permit were Albert P. Manzi III, D.Paul Koch,Allan Cuscia, Ellen McIntyre,and Doug Ludgin. 5-0 all in favor Chairman declared approved Special Permit Granted. New Public Hearing The Petition is Variance(s)from Table 2 of the Zoning Bylaws(Dimensional Requirements) The Town of North Andover,for property 384 Osgood Street(Map 94,Parcels 02), North Andover,MA 01845 in the R4 Zoning District D.Paul Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday,June 28, 2016,at 7:30 PM to all parties interested in the petition of The Town of North Andover,for property 384 Osgood Street(Map 94, Parcels 02), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting:Variances from TABLE 2 Summary Dimensional Requirements Side Setback 20 Feet Proposed 16.8 feet Variance needed 3.2 feet Side Setback 20 Feet Proposed 10.4 feet Variance needed 9.5 feet Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday,Wednesday and Thursday from the hours of 8:00-4:00,Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq.,Chairman Published in the Eagle Tribune on: June 14,2016 June 21,2016 Ray Santilli Assistant Town Manager for The Town of North Andover is at the podium/table to speak. Mr. Santilli explains that this project is a renovation/expansion for the Towns Department of Public Works Building. The Town is proposing to build a 7100 square 121Pa (, e 11 UiIc 28 2010 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger foot addition which will be the Administration Building and also to replace the Salt Shed in the back with a prefab structure and to start cleaning up the area behind the building.The property is abutted in the front by Osgood Street and on the side by Wayne Street. Mr.Santilli speaks to the reasons for the Variances and that the property is subject to 50' no-build Conservation restrictions. This is the reason the proposed buildings are positioned where they are.The Town is currently looking into all avenues to meet the Parking requirements. The Board is requesting information on the parking plan for the proposed New Department of Public Works location. They are also discussing the fact that this application is being heard concurrently with both the Planning Board and the Conservation Commission. The Board is asking for a parking plan for the Site. There is discussion about Wayne Street and the ability of the Town to utilize it for parking for the DPW location.The Board is reviewing the documents regarding the 50' no build designation.The discussion leads to the possibility of continuing the hearing until the title search on the deed for Wayne Street is determined. Part of this discussion is regarding the Building Inspection determination on the amount of parking spaces and the number of spaces required per Building. Albert P Manzi II asks if there are any abutters that would like to speak. There are no abutters present for this hearing. Applicant Ray Santilli agrees to continue the public hearing in order to get more information for the Board D.Paul Koch motioned to continue this hearing for August 09 2016 Allan Cuscia seconds the motion. Those in favor to continue the hearing for August 09 2016,Albert P Manzi III, D.P. Koch, Doug Ludgin,and Allan Cuscia. New Public Hearing The Petition is Variance(s)from Table 2 of the Zoning Bylaws(Dimensional Requirements) Ryan Schruender,for property address 54 Phillips Court, North Andover, MA.01845(Map 95, Parcels 35), North Andover, MA 01845 in the R4 Zoning District D.Paul Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, June 28th, at 7:30 PM to all parties interested in the petition of Ryan Schruender, for property address 54 Phillips Court, North Andover, MA.01845(Map 95, Parcels 35), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting Variance(s)Table 2 Summary of Dimensional Requirements Section(s)7.1,7.1.2,7.2&7.3 Lot Area Required 12,500, Proposed 7,500 Lot Width Required 100, Proposed 75,Variance needed 25 feet Required 15 Feet, Proposed 6.6 feet Variance needed 8.4 feet Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday,Wednesday and Thursday from the hours of 8:00-4:00,Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq.,Chairman Published in the Eagle Tribune on: 131Pa (, e 11 UiIc 28 2010 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger June 14,2016 June 21,2016 Allan Cuscia has made a disclosure under Chapter 268A that his daughter currently works for the Schruender's and he needs to recuse himself. Attorney Brian Vaughan and Ryan Schruender are at the podium/table to speak.Attorney Vaughan asks the Board if it was possible to hear both hearing for the applicant Ryan Schruender simultaneously. The Board has agreed to hear them simultaneously New Public Hearing The Petition is Variance(s)from Table 2 of the Zoning Bylaws(Dimensional Requirements) Ryan Schruender,for property address 320 Pleasant Street, North Andover, MA.01845(Map 95, Parcels 36), North Andover, MA 01845 in the R4 Zoning District. D.Paul Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, June 28th, at 7:30 PM to all parties interested in the petition of Ryan Schruender, for property address 320 Pleasant Street, North Andover, MA.01845(Map 95, Parcels 36), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting Variances:Table 2 Summary of Dimensional Requirements Section(s)7.1, Lot Area Required 12,500, Proposed 10,467 Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00,Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq.,Chairman Published in the Eagle Tribune on: June 14,2016 June 21,2016 Attorney Brian Vaughan and Ryan Schruender are at the podium/table to speak.The reason we requested for the hearings to be heard concurrently is that the 320 Pleasant Street applications drives the need for the application on the 54 Phillips Court address. This is a case of a lot merger where there was two preexisting non-conforming lots that a prior landowner inadvertently held in the same name.As it presently exists there are two separate existing lots of record which was approved by Zoning and conformed at the time, however zoning subsequently changed and the lots became non-conforming most notably the lots are respectively 7,500 square feet and 10,500 square feet and the new lot size for an R-4 Zone is 12,500 square feet,therefore they then became non-conforming. Had the properties been held in a Trust or separate names they would have maintained their protected Zoning status. If that were the case we would be able to build on the 10,500 square foot lot by right so long as we complied with all of the setback requirements, which in fact on the 10,500 foot lot we would. 141Pa (, e 11 UiIc 28 2010 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger The Board requests clarification that the 10,500 foot lot is lot 12.They are also clarifying that the Inspector of Buildings did not believe the lots where grandfathered in and that the lots had merged. Another question posed to the applicant is whether or not the lots are taxed separately. Attorney Vaughan confirms that he is speaking currently about lot 12 which is the 320 Pleasant Street.Attorney Vaughan confirms the lot information also.We are not proposing to change the lot lines,we are proposing to seek a variance on 320 Pleasant Street which is depicted as Lot 12 ("Plan of Phillips Court"dated October 26, 1953, Engineered Ralph B Brasseur C.E. signed by the Town of North Andover Zoning Boards of Appeals on December 14, 1953)for an undersized lot of 10,500 feet to construct a new single family structure with respect to Lot 1112("Plan of Phillips Court"dated October 26, 1953, Engineered Ralph B Brasseur C.E. signed by the Town of North Andover Zoning Boards of Appeals on December 14, 1953)and to recognize the existing conditions of the property on that lot as it was built in accordance with the 1953 plan.We are asking this for zoning purposes because the lot is already separate in the existing plan of record. The Board is asking for clarification on the properties specifically how the lots are non-conforming to today's Zoning Bylaws but because they are held by one owner them has merged for zoning purposes only to be one lot. Versus them being two separately taxed lots of record. Attorney Vaughan gives an explanation that the lots were never merged by plan or deed but by the fact of the same owner of two connecting non-conforming lots.Attorney Vaughan states that Ryan Schruender and his wife Mary currently live in the two family at 54 Phillips Court which is Lot 11(12 ("Plan of Phillips Court"dated October 26, 1953, Engineered Ralph B Brasseur C.E. signed by the Town of North Andover Zoning Boards of Appeals on December 14, 1953)who are recently married and looking to start a family and build a larger home but stay with in the neighborhood.So they are propping to build a single family home on Lot 12("Plan of Phillips Court" dated October 26, 1953, Engineered Ralph B Brasseur C.E. signed by the Town of North Andover Zoning Boards of Appeals on December 14, 1953)and they would continue to own the two family at 54 Phillips Court and rent it rather than owner occupy it. The Board asked if any other Boards will be reviewing this. Attorney Vaughan and Ryan Schruender state that no,and also made mention that Conservation has been out to the site and have signed off on the lot. Alexandria Jacobs asked if the house would face Phillips Court or Pleasant Street. Attorney Vaughan responded that the house would face/front Phillips Court.And Pleasant Street would be the side yard. He also states that there is a guard rail on the Pleasant street side of the property with a steep slope. D.Paul Koch asks the applicant what the hardship is and what the driving need is for the Variance as it pertains to Soil conditions, shape or Topography of the Land. Attorney Vaughan says that the Topography of the Land as it relates to the slope on the property from Pleasant Street.As a separate matter one of the matters is the lot size and it being undersized in regard to a lot Variance. Albert P Manzi III asks about the Landscaping and potential location of the proposed home. Attorney Vaughan and Ryan Schruender speak to the location and the trees on the property,and that they will try to keep as many trees as possible for privacy,except where the foundation and driveway would be. 151Pa (, e 11 UiIc 28 2010 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Ellen McIntyre asks why the need for a Variance on 54 Phillips Court.Are you asking for us to make this a legal lot? Attorney Vaughan states that because of the doctrine of lot merger,and yes we are asking you to re-establish the lot 12.Attorney Vaughan discusses the property and the circumstances of the property in regard to Zoning and legal standing. Albert P. Manzi III asked if any abutters had any questions with regard to this applicant, he also gave a brief explanation on how questions and or concerns will be received (which is to address the Board and the Board will voice them to the applicant). Ellen Carter,38-40 Phillips Court is at the table to speak and states that she has lived at that address for 32 years and that this is a close knit neighborhood which includes many second or third generation owners. She is one of 10 abutters that signed a letter of objection to this application. One of the points she mentions is the fact that these homes were built at the turn of the century in the late 1800's or early 1900's for the mill workers and in all of that time the neighborhood has remained relatively unchanged and strongly feel that the construction of a large single family home would forever alter and transform this neighborhood. The proposed new home is completely out of character with the current homes on the street the other homes are two family homes and this would be a single family home with over 3000 square feet and a two car garage which looks nothing like the other properties on the street. She states that the loss of vacant lot(320 Pleasant Street)which acts as a green space for the neighborhood would be a great loss to the neighborhood because it is a very dense location. There is also concern with water runoff if this property is developed. She also made mention to the fact that the previous owner came before the ZBA in 2002 and was denied a similar application. Albert P. Manzi III asks if she is opposed to the proposed single family home or is she opposed to anything being built there. He also speaks to the fact that it is the owners right to raise the existing structure and request to build something larger on the lot. Ellen Carter responds that she is opposed to anything being built there. She states that she recognize that Mr.Schruender has the ability to do something else to the overall lot. John Donovan,23-25 Phillips Court is at the table to speak and states that he grew up in the neighborhood and is still a resident there, and that his family has owned the property for sixty years that his family has been there for 75 years in one way or another. He also made mention that his father and the owner of 54 Philips Court and 320 Pleasant street purchased them around 1956 from Mr. Stevens it he does not believe it was sold as two deeds. He also feels that any change would not be good for the neighborhood and that he would have serious difficulty accepting anything that does not conform to the existing neighborhood and that the loss of the green space. D.Paul Koch asks what the average size and type of the homes in the current neighborhood? John Donovan speaks to the size and type of home in the current neighborhood. Mrs. Donovan,23-25 Phillips Court is at the table to speak and states that she sent a letter to the Zoning Board this morning in regard to the Historical aspect of the neighborhood and talks about the drainage.She also states that she is opposed to the structure that is being proposed. Ronald Hamlet,61 Phillips Court,steps up to the table to speak in regard to this application and states that he has been in the neighborhood for 20 years now, he also states that he does not want to lose the green space and that it is a relatively small lot. George Schruender,91 Quail Run,steps up to the table to speak to the history of the location and neighborhood. 161Pa (, e 11 UiIc 28 2010 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Attorney Vaughan and Ryan Schruender speak to the location and what is proposed currently as far as square footage and that it is in line with the Mr. Hamlets home.Attorney Vaughan also mentions that of the 23 lots in the neighborhood only 6 comply with the current Zoning. Ellen McIntyre asks if Attorney Vaughan could provide the Board with the 2002 ZBA Decision and the corner lot 10,000 square foot Zoning section in the bylaw along with any drainage and or landscape design.She also asks for case law explaining the need for a Variance on the 54 Phillips Court property. She also asks what is the Variance requested for Lot 12 (320 Pleasant Street). Attorney Vaughan states that the Variance request for Lot 12(320 Pleasant Street) is for Lot size only. D.Paul Koch speaks to the fact that if this hearing is going to be continued that he would like to see clarification on the square footage and the design of the proposed structure and also a drainage/landscaping/vegetation plan. D.Paul Koch makes a motion to continue until August 09,2016. Alexandria Jacobs seconds Those in favor to continue the hearing for August 09 2016,Albert P Manzi III, Ellen McIntyre, D.P. Koch, Doug Ludgin,and Alexandria Jacobs. New Public Hearing The Petition is Variance(s)from Table 2 of the Zoning Bylaws(Dimensional Requirements)Andrew and Elizabeth McDevitt,for property address 266 Barker Street(Map 61, Parcels 27), North Andover, MA 01845 in the R2 Zoning District. D.Paul Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday,June 28, 2016 at 7:30 PM to all parties interested in the petition of Andrew and Elizabeth McDevitt, for property address 266 Barker Street(Map 61, Parcels 27), North Andover, MA 01845 in the R2 Zoning District. The Petitioner is requesting a Variance Required Side Setback 30 Feet Proposed 20.5 feet from Table 2 of the Zoning Bylaws Variance needed 9.5 feet(Dimensional Requirements) Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday,Wednesday and Thursday from the hours of 8:00-4:00,Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq.,Chairman Published in the Eagle Tribune on: June 14,2016 June 21,2016 171Pa (, e 11 UiIc 28 1 2010 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Andrew McDevitt and his contractor Bob McCarthy are at the podium to speak, Andrew McDevitt explained that he is requesting a side Variance in order to expand the current 1%car garage to a two car garage. We have showed the plans to our neighbors and they have signed a letter of support for our project. Albert P. Manzi III asked what is the driving need for the Variance ie.Soil Conditions,shape or topography of the land. Andrew McDevitt explained that the hardship is that the current garage sits on the side of the house and if he were to put it anywhere else he would then have to pave over grass and access to it would be over the entire front lawn so the shape of the property is determining the location and therefore the Variance request. We are asking to increase the building only there are no changes to the pavement,we are actually removing pavement that goes around the side to the back. The yard does have a slope in the front. The Board inquired about the neighborhood and the other homes as to having two car garages,a buffer area in between the homes. Andrew McDevitt states that there is a buffer of trees between his home and his neighbors to the left; he also went on to say that the street has a variety of homes which include two car garages and also has the Barker Farm across the street. D.Paul Koch asks if the letter of Support from the Guthrie's 254 Barker Street is the neighbors to the left. Andrew McDevitt confirms that the Guthrie's are the neighbors to the left and are in support of the project. There are no abutters or public at the meeting to speak. Ellen McIntyre moved to close the public hearing. D.Paul Koch seconded. All in favor to close Albert P. Manzi III, Ellen McIntyre, D.Paul Koch, Doug Ludgin and Alexandria Jacobs. 5-0 in favor to close The Board deliberated on what they heard tonight and all evidence and correspondence provided to them by the applicant. D.Paul Koch enters a motion to approve the application of Andrew and Elizabeth McDevitt, for property address 266 Barker Street (Map 61, Parcels 27), North Andover, MA 01845 in the R2 Zoning District The Petitioner is requesting a Variance Required Side Setback 30 Feet Proposed 20.5 feet from Table 2 of the Zoning Bylaws Variance needed 9.5 feet(Dimensional Requirements) D.Paul Koch referenced all letters and written materials that were in front of him, along with all associated dates and those that prepared and/or created said documents. Ellen McIntyre second the motion to approve the Variance. All those in favor of the Special Permit were Ellen McIntyre, D.Paul Koch, Doug Ludgin,Alexandria Jacobs. Voting no:Albert P Manzi III 4-1 all in favor Chairman declared approved Variance Granted. Miscellaneous Correspondence 181Pa (, e 11 UiIc 28 2010 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger CHAPA Letter dated 5/4/16,Goodman,Shapiro& Lombardi, LLC letter dated 6/2/16 D.Paul Koch made a motion to accept all two (2)correspondences. Doug Ludgin seconds the motion to accept. All in favor of accepting the correspondence were Albert P Manzi III, Ellen McIntyre, D.Paul Koch, Doug Ludgin,and Alexandria Jacobs. Adjournment: 10:58pm D.Paul Koch made a motion to adjourn the meeting. Doug Ludgin seconds the motion All were in favor to adjourn the meeting:Albert P. Manzi III, Ellen McIntyre, D.Paul Koch, Doug Ludgin and Alexandria Jacobs. ------------------------------------------------------------------------------------------------------------------------------- Administrative: Zoning Board of Appeals Agenda May 03,2016, Draft Minutes;CHAPA Letter dated 5/4/16, Goodman,Shapiro& Lombardi, LLC letter dated 6/2/16. Town of North Andover ZBA application and documentation for a Variance for Stephen Morris,1 Peters Street; Legal Notice;April 19,2016 and April 26,2016;Waiver of Tine Constraints dated 05/03/2016, Owner Authorization Letters;Quitclaim Deed;Abutter's list; Drawing of the "Proposed Plan"containing one sheet(1)dated March 28,2016 from Great Northern Survey, LLC,of Chelmsford, MA.01824,Stamped by Scott Ludwig Professional Land Surveyor,dated March 30,2016; Drawings of Proposed Additions and Renovations, Existing Floor Plans, First&Second Floor Plans Roof Plans, Proposed Additions& Alterations,containing three(3)sheets(Al,A2&A3) dated June 20,2015 Drawings by JS& BN.; Proposed Site Drainage containing two(2)sheets dated June 21,2016 from Great Northern Survey, LLC,of Chelmsford, MA.01824,Stamped by Scott Ludwig Professional Land Surveyor,dated June 21,2016; Foundation Plan & Elevation, Proposed Additions&Alterations drawn by Acdidio dated March 2016(F1P,2,& 1) Preliminary Drawing. Town of North Andover ZBA application and documentation for a Special Permit for Carrie Bianchi&Tim Busick,for property address 100 Sutton Hill;Owner Authorization Letters;Quitclaim Deed; Abutter's list; "Plot of the Land"containing one(1)sheet. Prepared by Sullivan Engineering Group, LLC , Dated June 1,2016, P.O. Box 2004 Woburn, MA 01888; Demo First Floor(AD.1.1.0)containing one sheet, Demo Second Floor(AD.1.2.0)containing one sheet, Demo Roof(AD.1.3.0)containing one sheet, New First Floor Plan (A1.1.0)containing one sheet, New Second Floor Plan (A1.2.0) containing one sheet, New Roof Plan (A1.3.0)Containing one sheet, Exterior Elevations, East Elevation,South Elevation (A2.1.0) containing one sheet,West Elevation, North Elevation (A2.2.0)Containing one sheet,Cover Sheet with Applicable Zoning Codes (A0.0.00)Containing one sheet,(dated May 27,2013), Prepared by architect Michael Bianchi,406 Red leaf Road,Wynnewood, PA. 19096.Town of North Andover ZBA application and documentation for a Special Permit for Jody Allen trustee 10 Silsbee Road; Legal Notice June 14,2016&June 21,2016,Owner Authorization letter;Quick claim deed,Abutters list; "Plot of the Land" containing one(1)sheet Prepared by Merrimack Engineering Services, Dated July 27,2016,66 Park Street,Andover, MA.01810; Allen Residence,containing six sheets; Front Elevation, First Floor Plan Second Floor Plan, Left Elevation Right Elevation, Rear Elevation, Dated 07/11/16;Authorization letter of Appearance for Camille Miragliotta Daly Attorney;Waiver of Time constraints form; abutters list;quick claim deed;variance application;special permit application Town of North Andover ZBA application and documentation for a Special Permit for Thomas and Roberta Clifford 19 Clifford Street; Legal Notice June 14,2016&June 21,2016,Owner Authorization letter;Quick claim deed,Abutters list;"Plot of the Land"containing one(1)sheet. Prepared by Merrimack Engineering Services, Dated May 23,2016,66 Park Street Andover, MA.01810, Existing First Floor, Existing Second Floor, Existing Exterior Elevations(Front Elevation, Rear Elevation, Right Elevation, Left Elevation (containing 6 sheets), Proposed First Floor Plan, Proposed Second Floor Plan, Proposed Front Elevation, Rear Elevation, Right Elevation, Left Elevation (Containing six sheets),Smolak&Vaughan letter dated June 2,2016 containing 5 sheets, Pictures of the home on Chadwick street and the abutting neighborhood. 191Page 11 UiIc 28 2010 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Town of North Andover ZBA application and documentation for a Special Permit for The Town of North Andover,for property 384 Osgood Street: Legal Notice June 14,2016&June 21,2016,Owner Authorization letter; Quick claim deed,Abutters list; Drawing of the"Variance Plan"containing eleven sheets(11)dated May 24,2016 prepared by Christiansen&Sergi, Inc., Haverhill, MA. Includes First Floor Plan (A1.1),Second Floor Plan (A1.2), Exterior Elevations and Wall sections(A2.1), Roof Plan (A1.3), Landscaping Plan (1-1.1), Site Lighting Plan (E1),Site Plan (SP-1), Proposed Additions&Alterations, (1 of 3,2 of 3,3of 3) Drawings Town of North Andover ZBA application and documentation for Variances Ryan Schruender,for property address 54 Phillips Court: Legal Notice June 14,2016&June 21,2016,Owner Authorization letter;Quick claim deed,Abutters list; Town of North Andover ZBA application and documentation for Variances Ryan Schruender,for property address 320 Pleasant Street, North Andover, MA.01845(Map 95, Parcels 36),North Andover, MA 01845 in the R4 Zoning District; Legal Notice June 14, 2016&June 21,2016,Owner Authorization letter; Quick claim deed,Abutters list. Town of North Andover ZBA application and documentation for a Variance for Andrew&Elizabeth McDevitt,for property located at 266 Barker Street,for property address(Map 61, Parcels 27), North Andover, MA 01845 in the R2 Zoning District: Legal Notice June 14,2016&June 21,2016,Owner Authorization letter; Quick claim deed,Abutters list; Drawing of the"Plot of the Land" containing five sheets(5)dated April 19,2016 prepared by Leo B White RPLS,York Village, ME. Includes Foundation Plan& Elevation, Proposed Additions&Alterations drawn John,dated 04/06/2016(1 of 5,2 of 5,3 of 5&4 of 5) Drawings 201P � (, e 11 Uz1c 28 1 2010