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Home My WebLink About2017-06-13 Zoning Board of Appeals Minutes Town of North Andover ZONING BOARD OF APPEALS Alhert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal �IIIF�)r �f K D.Paul Koch Jr.Esq., Clerk �� i�/''� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Tuesday June 13, 2017 at 7:00 PM Town Hall 120 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., Excused Absence: Nathan Weinreich &Deney Morganthal Albert P. Manzi III called the meeting to order at 7:34 pm Pledge of Allegiance Minutes May 09, 2017 not ready table until May The petition for Donald Stanley for property located at 58 Country Club Circle (Map 064.0, Parcel 0150) North Andover, MA 01845 in the R4 Zoning District. Insubstantial change/minor modification plan review Albert Manzi III gives a brief history of the application. George Zambouras states that the new wetland delineation line has changed and the pool is now in the non-disturbance zone. Approximately 8 or 10 feet (138 square feet) of the pool is now in the non-disturbance zone. Albert Manzi III asks to see the original pool request prior to the changes. George Z shows the Board the Original plan and the revised plan. Allan Cuscia asks when the original Wetland Delineation was done George states around 2012-2013 Albert Manzi III asks what the planning Board has to say. George states that it has been continued unit June 20, 2017 Albert Manzi III asks if they are outside the 100 foot zone George states that yes they are with a few modifications George states that that was all approved before the decision last month. Albert Manzi III states that he believes the original There is discussion amongst the board regarding the changes to the wetland line. Doug Ludgin made a motion Allan Cuscia 2nd the motion All in favor Chairman declares approved Continued Public Hearing This is an appeal of the Building Inspector's determination that the use of the property is in violation of Section 4.131 of the Zoning Bylaw and the issuance of a Cease and Desist Order. By Edward G. Kollen, for property 56-58 Church Street (Map 041.0, Parcels 040), North Andover, MA 01845 in the GB Zoning District. 1111atgc JUllnna; V 3 , 20l 7 Town of North Andover ZONING BOARD OF APPEALS Alhert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal �IIIF�)r �f K D.Paul Koch Jr.Esq., Clerk �� i�/''� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Matthew Caffrey, Atty. Applicant's representative, was at the podium/table to speak: Attorney Caffrey speaks to the board regarding the Cease and Desist order on 56-58 Church Street. Attorney Caffrey states that they have been busy since the last meeting.The second Cease and Desist has been withdrawn. Ellen McIntyre is asking for a copy of the withdrawal letter dated May 22, 2017. (get copy from Don) Matthew Caffrey, Atty.: is speaking to the first cease and desist order, a parking plan has been done and submitted to the Inspector of Buildings, but have not heard back from him. An Inspection on May 30th for fire was done.The Building Inspector was also present for this inspection. Attorney Caffrey would like to close the hearing and have the order vacated. D.Paul Koch asks if the garages are going to be used for parking. Matthew Caffrey,Atty.: states that no they are used for storage. Albert Manzi III: In that letter dated March 22, 2017 "#5. Zoning Status/ Pre-Existing, Non-Conforming Use which states that "The Building Inspector erred when applying the Bylaw to the current use of the subject Property because that use constitutes a pre-existing, non-conforming use under the Bylaw.The Aggrieved Party has submitted testimony that he operated his landscaping business continuously at the Property since 1976. " Ellen McIntyre asks if there is any parking allocated for the residents of the home. Matthew Caffrey,Atty.: states that currently the tenant parks out front. Ellen McIntyre: asks if he knows what the parking dimensions are for the Town. Mathew Caffrey,Atty.: speaks to the parking plan Ellen McIntyre believes that the parking is part of it. Mathew Caffrey,Atty.: states that the parking plan is currently being used. Doug Ludgin asks for some procedural and history on this hearing Albert Manzi III:goes over the history of the application and the procedural aspects of the hearing. Allan Cuscia is speaking to the parking plan and the fire safety inspection. Matthew Caffrey,Atty.: peaks to the inspection of the property. The Board is discussing the hearing. 2111atgc JUllnna; V 3 , 2Vl 7 Town of North Andover ZONING BOARD OF APPEALS Alhert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal �IIIF�)r �f K D.Paul Koch Jr.Esq., Clerk �� i�/''� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Eric Kfoury is at the podium/table to speak on behalf of the building inspector. Both the Inspector of Buildings and the Fire Department are reviewing the parking plan and all the pertaining bylaws for this property. The use of the parcel is being reviewed as to what is required within the bylaw for this zone and property. It was the understanding of the Inspector of Buildings that he had the 90 days to review all the documents and bylaws regarding this property. Albert Manzi III: states that the only thing before the Board currently if the use of the parcel is allowed. The Board is deliberating the information provided. Eric Kfoury would like to point out that yes the parking was an issue with the residents on Church Street. Matthew Caffrey.Atty.: is back at the podium to speak he would like to close the public hearing. D.Paul Koch asks if Attorney Caffrey would like all 6 points addressed individually? Matthew Caffrey.Atty. says no he does not need all 6 points addressed individually. MOTION: Doug Ludgin made a motion to close the Public Hearing.The motion was seconded by Allan Cuscia.Those voting in favor were:Albert P. Manzi III, D.Paul Koch, Ellen McIntyre,Allan Cuscia, and Alexandria Jacobs.The vote was 5-0, unanimous in favor. Ellen McIntyre asks for a clarification on what a vote in the affirmative would mean? MOTION: D.Paul Koch makes a motion to grant the appeal of Edward Kollen and the in regard to the operation overturn the cease and desist order by the Inspector of Buildings the parking plan is submitted to the Board. Doug Ludgin Seconds the motion Albert P. Manzi III, Ellen McIntyre, Doug Ludgin, D. Paul Koch Jr., and Allan Cuscia vote in favor Chairman Albert Manzi III declares the motion approved. The Board Adjourns for 5 minutes. Reconvene at 8:50pm Continued Public Hearing The petition for Bread and Roses Housing Inc., for property 70 May Street (Map 018.0, Parcel 0021), North Andover, MA 01845 in the R4 Zoning District.The Petitioner is requesting: Variances from Table 2 Summary Dimensional Requirements to Construct a New Single Family Home. Zoning Bylaw Section 7.1 Lot Area: Required 12,500 Feet, Proposed 3,485 Feet, Relief Needed 9,015 Feet. Zoning Bylaw Section 7.3 Yards (Setbacks): Required Front 30.0 Feet, Proposed Front 10.0 Feet, Relief Needed 20.0 Feet. Required Left Side 20.0 Feet, Proposed Left Side 8.0, Relief Needed 12.0 Feet. Required Right Side 20.0 Town of North Andover ZONING BOARD OF APPEALS Alhert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal �IIIF�)r �f K D.Paul Koch Jr.Esq., Clerk �� i�/''� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Feet, Proposed Right Side 10.5, Relief Needed 9.5 Feet. Zoning Bylaw Section 7.31 Projections into Front Yards: Required Front 30.0 Feet, Proposed 4.0 Feet, Relief Needed 26.0 Feet. Zoning Bylaw Section 7.33 Projections into Rear Yards: Required Rear 30.0 Feet, Proposed 26.0 Feet, Relief Needed 4.0 Feet. Zoning Bylaw Section 7.2 Street Frontages: Required Frontage 100 Feet, Proposed 42.0 Feet, Relief Needed 58.0 Feet. Zoning Bylaw Section 7.5 Lot Coverage: Required Lot Coverage 75%, Proposed 44%, Relief Needed 31%. Yesenia Gill and Laurie Burzlaff are at the podium/table to speak. Yesenia Gill speaks to the revised plan of plan that was submitted to the board. The new plan has the existing building with the proposed building. Also included is the landscaping design and it designates what trees have been removed, and what landscaping will be preserved or replanted. The Storm water items have also been addressed in the new plan submitted to the Board. In regard to the lot sizes for the neighborhood we have submitted three 3)GIS maps Laurie Burzlaff speaks to the deed restrictions for the property. The new law restricts the properties thru a foreclosure. MOTION: Ellen McIntyre made a motion to close the Public Hearing.The motion was seconded by Doug Ludgin those voting in favor were:Albert P. Manzi III, D.Paul Koch, Ellen McIntyre,Allan Cuscia, and Doug Ludgin.The vote was 5-0, unanimous in favor. MOTION: D.Paul Koch made a motion to close the Public Hearing.The motion was seconded by Ellen McIntyre those voting in favor were:Albert P. Manzi III, D.Paul Koch, Ellen McIntyre,Allan Cuscia, and Doug Ludgin.The vote was 5-0, unanimous in favor. Chairman Albert Manzi III declared the Variances Approved New Public Hearing The petition for Vincent Grasso &April Lucibel. For property located at 30 Faulkner Road (Map 044.0, Parcels 017), North Andover, MA 01845 in the R4 Zoning District. The is requesting a Variance from Table 2 (Dimensional Requirements) of the Zoning Bylaws, for one side setback (left) in the R-4 Zoning District to construct an addition of a two story breezeway and a Two stall garage to the existing home. Side setback proposed is 7.2 feet,the required side setback per Table 2 is 15 feet,the relief Variance needed is 7.8 feet Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street, North Andover, MA on Tuesday, June 13, 2017 at 7:30 PM to all parties interested in the petition of Vincent Grasso & April Lucibel, for property address 30 Faulkner Road (Map 044.0, Parcels 017), North Andover, MA 01845 in the R4 Zoning District. Petitioner is requesting a Variance from Table 2 (Dimensional Requirements) of the Zoning Bylaws, for one side setback (left) in the R-4 Zoning District to construct an addition of a two story breezeway and a Two stall garage to the existing home. Side setback proposed is 7.2 feet,the required side setback per Table 2 is 15 feet, the relief Variance needed is 7.8 feet. Application and supporting materials are available for review at the office of the Zoning Department located at 120 Main 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: May 30, 2017 and June 06, 2017 4111atgc Juinna V 7 , 201 7 Town of North Andover ZONING BOARD OF APPEALS Alhert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal �IIIF�)r �f K D.Paul Koch Jr.Esq., Clerk �� i�/''� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Doug Ludgin recuses himself from this hearing Vincent Grasso is at the podium to speak on behalf of his application Vincent Grasso hands aerial views to the Board. The Board is asking about the design the height and the location of the proposed garage.The Board is looking to have the elevations for the proposed design. Al Manzi III believes the scale of the project is not in keeping with the neighborhood. Ellen McIntyre speaks to the design and the request. Albert Manzi III asks if there are any abutters that would like to speak about this petition. Robert Kilcoyne 29 Faulkner Road speaks in favor of the petitioners request and states that he did a addition Terry Holland 133 Greene Street speaks in favor of the project and believes it will be in character with the current neighborhood. The Board asks about when the next meeting is which is August the 8th. Ellen McIntyre asks for: • Renderings on different options for the design. • Water run off • Rendering on the proposed addition • Elevations • Alternatives as to why alternative designs will not work. MOTION: Ellen McIntyre made a motion to continue the Public Hearing until the next regularly scheduled ZBA meeting on August 08, 2017.The motion was seconded by Allan Cuscia those voting in favor were: Albert P. Manzi III, D.Paul Koch, Ellen McIntyre, Allan Cuscia, and Doug Ludgin.The vote was 5-0, unanimous in favor. The Chairman would like to recognize Deney Morganthal for his years of service Miscellaneous Jean Enright,Town Planner Letter 05.23.2017 is there any volunteers, D Paul Koch has volunteered, and Alexandria is the alternate. Orleans PC letters dated 05/04/2017&05.19.2017 Goodman, Shapiro & Lombardi, LLC letter dated 05/11/2017 5111atgc JUllnna; V 3 , 20l 7 Town of North Andover ZONING BOARD OF APPEALS Alhert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal �IIIF�)r �f K D.Paul Koch Jr.Esq., Clerk �� i�/''� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Adjournment:09:45 p.m. D.Paul Koch made a motion to adjourn the meeting. Allan Cuscia seconded the motion.The meeting adjourned at 09:45p.m. 6111atgc Juinna V 7 , 201 7