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Home My WebLink About2017-03-30 Zoning Board of Appeals Minutes Approved 0510912017 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �% g Esq., �� %iso Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Thursday March 30, 2017 at 7:30 PM Town Hall, 120 Main Street, North Andover, Massachusetts Members present:Al Manzi III, Esq., Ellen P McIntyre, D. Paul Koch Jr Esq. and Allan Cuscia Associate Members present:Alexandria Jacobs, Esq. Absent Member(s): Douglas Ludgin, Deney Morganthal and Nathan Weinreich Albert P. Manzi III called the Meeting to order at 7:36pm Pledge of Allegiance Chairman Albert P. Manzi states for the record that this is a Special meeting of the Zoning Board due to the fact that the regularly scheduled meeting on March 14, 2017 was cancelled due to a snow storm and Town Hall was closed. Chairman Manzi also states that there is a quorum in order for the hearings proceed there is four (4) regular Board members present and one (1) associate member. Acceptance of Minutes January 10, 2017 & February 14, 2017@7:36 pm Paul Koch minutes for January 10, 2017 Allan Cuscia seconds the motion Ellen McIntyre abstains from January 10, 2017 minutes In favor Albert Manzi, D.Paul Koch,Allan Cuscia, Alexandria Jacobs Paul Koch makes a motion to approved the minutes for February 14, 2017 Ellen McIntyre 2nds the motion D. Paul Koch and Allan Cuscia abstain In Favor Albert Manzi, Ellen McIntyre, and Alexandria Jacobs Committee Reports Selectman OSGOD Committee Report Ellen goes over the committee's final report on the OSGOD committee which was given to the Board of selectmen's with respect on the 40R portion of the overlay. Ellen gives a general overview of the committee's purpose. The Selectmen adopted the second proposed option.The Owner of the property offered to put voluntary moratorium on the residential option on the property. Alexandria Jacobs speaks to the different reasons behind the decision and options. Paul Koch discusses that the state would probably want the site developed and not the money back Steven Morris,for the property located at 1 Peters Street(Map 24, Parcels 62), North Andover, MA 01845 in the R4 Zoning District. Insubstantial change/minor modification plan review. Steven Morris is at the podium so speak as to his request for a change to the Zoning Board of Appeals decision in June 2016. Al Manzi asks if Mr. Morris is aware of the availability to extend the decision for six months, IIP: (,; e M � i•cJM 3Q 20I 7 Approved 0510912017 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �% g Esq., �� %iso Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Steven Morris states that due to the cost of construction the design that the board of approved is not feasible. Al Manzi asks if the Variances that is being proposed are different that was has been approved. Mr. Morris architect is at the podium to speak to the new design and the concept part of the discussion is on the handout There is discussion amongst the Board regarding the revised plan Al Manzi asks if the Building inspector has weighed in on the design. Steven Morris states that no the Building Inspector was not asked. Paul Koch states that the northwestern side there is an issue with the deck the north, east and south are within the decision. There is a problem with the Southern deck. Al Manzi suggestion is to talk to the building inspector and come back to the April 11, 2017 regularly scheduled meeting with the adjusted plans that show the new design within the setbacks that were approved. Mr. Morris architect shows the Board some design boards on the new addition design and elevations.The decks are able to change. Ellen McIntyre asks what the height is of the new design and addition. Mr. Morris architect states that it is approximately 24 feet. Al Manzi goes over the guidelines for submissions at the new meeting. Continued Public Hearing The Petition is Variance(s)from Table 2 of the Zoning Bylaws (Dimensional Requirements) GERALD BRECHER c/o DONALD F. BORENSTEIN, ESQ.,JOHNSON & BORENSTEIN, LLC.,for property 271 STEVENS STREET(Map 95, Parcel 008), North Andover, MA 01845 in the R-3 Zoning District. Mr. Brecher and Don Borenstein attorney for Mr. Borenstein 271 Stevens Street the Owner of the property is William Melvin the original request was filed in August and continued until today do to Legal Notice Ray Gellino is the court appointed legal guardian for the Melvin property. Al Manzi reads into the record what letters were included in the packet presented to the Board by Mr. Borenstein. Attorney Borenstein handout were given to the Board and speaks to the design,the application and the fact that due to the nature of the Property in regard to the Wetlands with respect to the setbacks and the Contiguous Buildable area in order to get two lots from the property. Al Manzi states that he is interest in the Historic Nature of the existing home. Approved 05/09/2017 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �% g Esq., �� %iso Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Mr. Brecher talks about the soil, shape, and topography of the site and due to the soil there are wetlands and the wetlands create the need from the variance. Both footprints are approximately 1500 square foot so they would be approximately 3000 square foot homes. Al Manzi asks the applicant's architect to discuss the Zoning Table 2 Dimensional Requirements for the property. Butch Mr. Becher's architect speaks about the design and how it was conceptualized The Historical aspect as far as the outside front view will not really change the changes and additions will be to the side and that the outside historic value will be kept Ellen asks what the size of the addition will be Butch states it will be approximately 50% Mr Brecher states that he and his wife Louise appeared before the Historic Commission in regard to the proposed project. Mr Borenstein is now at the podium speaking about the abutters support letters specifically the owners of the Kitteridge farm property. Patricia Massey, 411 Pleasant Street is at the podium to speak in regard to the letter dated October 02, 2016 which was submitted to the ZBA. Thomas Howlett, 255 Stevens Street is at the podium to speak in regard to the letter he submitted 3/30/2017 to the Zoning Board of Appeals. Attorney John Smolak is at the podium to speak on behalf of the family as Mr Melvin's son-in-law. He is speaking about the property and need for the sale due to health issues. He is speaking about the proposed design and concept. Attorney Borenstein is at the podium to address the issues brought to the attention of the applicant. Mr Howlett speaks to his property and how it directly affects his home. Attorney Borenstein is at the podium to address the abutters voiced concerns regarding the proposed application and the vegetation. D.Paul Koch addresses the application and its merits and complications as it relates to the neighborhood and the aesthetics and how they save the Historic value and character of the neighborhood. Allan Cuscia speaks to the appearance of the neighborhood. Alexandria Jacobs speaks to the concept Ellen McIntyre thinks that the house should be smaller 3IP: (,, e M zcJM 3Q 2017 Approved 05/09/2017 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �% g Esq., �� %iso Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Al Manzi speaks to the design and how it is keeping with the neighborhood and about the trees and storm water management. He also likes the fact that the historical society is in favor of the project. Attorney Borenstein address the issues or concerns from the Board and the abutters Attorney Borenstein would like to continue to the May meeting instead of the April meeting due to the Jewish holiday. Paul Koch Motions to continue the public hearing until May 09, 2017 Allan Cuscia seconds the motion All in favor Miscellaneous Adiournment 4I P: (,, e M zcJM 3Q 2017