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HomeMy WebLinkAbout08.11.2015 P- Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III, Esq. Chairman tkORTH Associate Member Ellen P.McIntyre, Vice-Chairman 0 Deney Morganthal D. Paul Koch Jr. Esq. Nathan J Weinreich Allan Cuscia Alexandria A. Jacobs Esq. D o ug L u dgin Zoning Enforcement Officer Argo C us Gerald A. Brown DR-AFT MINUTES Tuesday,August 11,2015 at 7:30 PM Town Hall 120 Main Street,North Andover,Massachusetts Members present: Ellen McIntyre,Allan Cuscia,D.Paul Koch Jr and Doug Ludgin Associate Member: Dency Morganthal,Nathan Weinreich and Alexandria A.Jacobs Also in attendance: Gerald Brown,Zoning Enforcement Officer Counsel Excused absence: Albert P.Manzi, Pledge of Allegiance McIntyre called the regular meeting to order at 7:30 McIntyre will be the acting Chairman at tonight's meeting McIntyre wanted to introduce and welcome 2 new Associate Board Members to the ZBA,Nathan J. Weinreich who is an active member of the Army(McIntyre thanked him for his service)and is pursuing his Master's Degree in Finance and also Alexandria Jacobs and who comes to us as attorney. Acceptance of Minutes June 23,2015 Cuscia made the motion to approve the Minutes Koch second the motion. Those voting in favor to approve the minutes were McIntyre, Koch, Cuscia,Ludgin and Morganthal Committee Reports Housing Partnership Committee McIntyre had nothing to report on the Housing Partnership. Discussion Requesting that the Board make a Finding of an insubstantial change,for Wood Ridge Homes Inc Atty. Peter Freeman walked up to the podium stating that he is representing Wood Ridge Homes, Inc. Freeman stated that Wood Ridge was built in 1978 pursuant to a comprehensive permit issued under M.G.L. c. 40B ss 20- 23. Wood Ridge is requesting approval of a small reduction to the size of the locus. Freeman stated that he believes this is an insubstantial change (a slight configuration change of the lot)and is requesting that the Board make a Finding of insubstantial change. Atty. Freeman went on to say that this is a very old development built in 1978. In January of 2015 Wood Ridge Prepared a survey indicating two small areas where a wire fence encroached on Wood Ridge one area is approximately 19,000 square feet on the northwest corner of the locus and the other area of approximately 724 square feet on the northeast corner of the locus. This is the disputed area. This property is abutting property owned by Maureen Roche, as Trustee of James T. Roche Trust. Freeman went on to say in order Page 1 of 4 August 11, 2015 To,",n of North Andover ZONING BOARD OF APPEALS Albert A Manzi III,Esq. Chairman %AORTFI Associate Member '0 Ellen A McIntyre, Vice-Chairman 4,, Deney Morganthal D. PaulI(och Jr. Esq. 0 Nathan J Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer C OD Gerald A.Broom to resolve a disagreement over ownership both Wood Ridge Homes Inc. and the Trust agreed to adjust the common boundary areas between the Wood Ridge and the Trust. Atty. Freeman stated that in a nutshell this is a small area and because this is a 40B (Comprehensive Permit)the procedure needs to come in front of the Zoning Board and request to the Board that they allow this to be an insubstantial change(1.49%+/-change). McIntyre asked if the amount of units would change, Atty. Freeman responded no Cuscia asked the purpose of this change. Atty. Freeman responded that it is to settle a land use dispute,right now Wood Ridge Homes owns it but it will be given to the Roche's. Wood Ridge Homes owns this land by deed. Wood Ridge would give this land to the Roche Farms Cuscia asked how this benefits anyone,Atty. Freeman responded that it would settle a dispute and it is the right thing to do. McIntyre commented to the Board Members,that by law,because this project was a 40B it needed to come in front of our Board. Koch read a letter from Town Council, Tom Urbelis dated August 10,2015 regarding Woodridge Homes.Urbelis stated in his letter, assuming all the facts are accurate and present Urbelis would consider a reduction of 1.45%of the land area of the project and where none of the units would be affected to be an insubstantial change. Koch asked in the history of this property was there any other insubstantial changes made on this project, Freeman responded no.Koch then asked if there were will any setback violations,Freeman responded no. McIntyre asked if the Board had any questions.The Board had no further questions. McIntyre asked John Smolak, the attorney representing the Roche Family if he had anything to add, Smolak responded no. Cuscia made the motion to Grant the finding of the insubstantial change Koch read the following 1) to find that the changes proposed July 16 2015 Notice of Project Change submitted by Peter L.Freeman Law Group LLC on behalf of Wood Ridge Homes, Inc,,which such changes are lot line configuration changes which reduce the project locus by 20,185 square feet+/-(1.49%+/-)as shown on a plan entitled "Plan of Land Located in North Andover, (Essex County)Mass. 10 Woodridge Drive"prepared by Eastern Land Survey Associates,Inc. dated July 9,2015 (the"Proposed Plan") are insubstantial changes pursuant to 760 CMR 56.05 (11)and 760 CMR 56.07 (4)and that they are therefore approved, and 2) to endorse the Proposed Plan Koch second the motion All in favor: McIntyre, Koch, Cuscia,Ludgin and Morganthal 5-0 Page 2 of 4 August 11, 2015 Town of North Andover ZONING BOARD OF APPEALS Albert A Manzi III,Esq. Chairman OORTH Associate Member , 41 Ellen A McIntyre, Vice-Chairman ,to ,6 , Deney Morganthal D.Paul Ifoch Jr.Esq. Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Argo CHU Gerald A.Bron New Public Hearin Special Permit Zoning District R-4.Jose Resendes 33-35 Third Street(Map 30 Parcel 2 1) Petition 20015-005 McIntyre stated that the applicant is requesting a continuance. Jack Sullivan who is representing the applicant, Jose Resendes submitted a letter to the Board requesting a continuance on this hearing for September 8t",2015 With that being said Koch opened Lip the meeting by reading the Legal Notice Koch made a motion to continue without prejudice,for the next meeting scheduled September 8th Cuscia second the motion Those in favor to continue the hearing for September 8th: McIntyre, Koch, Cuscia Ludgin, and Morganthal. 5-0 approved McIntyre stated to all those in the audience who attended that we will not beat-any more evidence or comments regarding this property until September 8"'. McIntyre stated that it is the applicant's right to continue without prejudice. Continued Public Hearin Special Permit Zoning District,R-4,Janet Eichler 11 Tyler Road (Map 33 Parcel 7) Petition 2015-004 Janet Eichler, applicant and owner of 11 Tyler Road walked up to the Board and stated that she was at the last meeting requesting a Family suite There were concerns of the size of the Family Suite from some of the Board members. Eichler now has evidence that shows that her addition does not exceed the 25% of the gross area. A letter was submitted to the Board answering the concerns that some of the Board members expressed at the last meeting, regarding percentage and allowable size and calculations of the Family Suite. The letter was submitted by Silverwatch Architects, LLC, signed by Joel David Silverwatch,dated June 25,2015. The letter stated that the proposed Family Suite is less than the allowable amount of 513 square feet the applicant is at 450 square feet. Koch stated he was satisfied with the calculations submitted in the letter. Cuscia made a motion to close the bearing Morganthal second the motion All in favor to close the hearing McIntyre, Koch, Cuscia, Ludgin and Morganthal Koch made a motion to Grant the Special Permit to allow for a Family Suite at 11 Tyler Road,North Andover for Janet Eichler in the R-4 Zoning District from 4.122.22 of the Zoning by laws.Koch referenced all the plans,pages letters and maps that were in front of him, along with the associated dates and also those who prepared these documents and letters. Cuscia second the motion All were in favor to grant the Special Permit: McIntyre, Koch, Cuscia, Ludgin and Morganthal 5-0 approved Page 3 of 4 August 11, 2015 Town ofNorth Andover ZONING BOARD OF APPEALS IS Albert A Manzi III,Esq. Chairman V%ORT#1 Associate Member , Ellen A McIntyre, Vice-Chairman 'J"110 6 - Deney Morganthal D.Paul Koch Jr. Esq. oo Nathan J Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer O p9 � Sgcwus��� Gerald A.Brown Miscellaneous Correspondence A letter was received from MassHousing, dated July 1,2015, and signed by the Manager of the Comprehensive Permit Programs, Gregory P. Watson,this letter was regarding the Berry Street affordable units and was the Final Approval Letter. McIntyre stated that they are also in the process of submitting final plans for the Berry Street project. The Board will have the opportunity to review these final plans and have their input. A Waive Time Constraint form for Osgood Solar LLC, was also included in the package, agreeing to be heard on the 25t" of August. The last correspondence was pertaining to Forest Street dated July 29t", 2015 from Concerned Residents of Forest Street. Brown stated that they have been notified several times (enforcement action pending). Neighbors are concerned about a business being run at this residential location, since that is not allowed; Brown stated that he needs to wait 30 days before an enforcement action can be done. Four letters regarding 11 Dana Street addressed to the Board of Appeals were also included in the Board's packages; 1. Dated July 19t" no signature 2. Dated July 23`d from Brian Leathe. Town of North Andover Local Building inspector 3. Not dated, but received on July 27t" 2015 signed by John Fragala of I Dana Street 4. Not dated, but received on July 31 st 2015 signed by John Fragala of I Dana Street Brown responded to the letters stating that all the work,being done is in compliance to what was approved and there are no setback violations to this Family Suite. McIntyre wanted to comment to everyone that they are a Volunteer Board. Board Members do this on their own time, and they do not get paid. They (the Board) are all concerned residence of the town and they do by and enforce the Town's Bylaws. McIntyre stated for those that have been thinking of joining a Board,there are openings to join various Boards for the Town of North Andover. Adjournment: 8:07 Cuscia made a motion to adjourn the meeting. Ludgin second the motion All were in favor to adjourn the meeting: McIntyre, Koch, Cuscia, Ludgin and Morganthal. 5-0 Page 4 of 4 August 11, 2015