Loading...
HomeMy WebLinkAbout2017-08-08 Zoning Board of Appeals Minutes Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Associate Member Ellen P. McIntyre, Vice-Chairman Nathan J. Weinreich D. Paul Koch Jr. Esq., Clerk Alexandria A. Jacobs Esq. Allan Cuscia Ronn Faigen. Doug Ludgin Zoning Enforcement Officer Donald Belanger Members Present: Ellen McIntyre, D. Paul Koch, Allan Cuscia and Doug Ludgin. Associate Members Present: Nathan Weinreich, Alexandria Jacobs and Ronn Faigen. Ellen McIntyre called the meeting to Order called at 7:35 Gavel given to D. Paul Koch Pledge of Allegiance Acceptance of Minutes May 09, 2017, June 13, 2017 Motion: Ellen McIntyre made a motion to accept the minutes as written for Tuesday March 09, 2017 and Tuesday June 13, 2017. Allan Cuscia seconded the motion. Those voting in favor to approve the minutes were: D. Paul Koch, Ellen McIntyre, Allan Cuscia, Alexandria Jacobs and Nathan Weinreich and Ronn Faigen. (Doug Ludgin not arrived yet) The Chairman declared the minutes approved. Welcoming of new associate member Ronn Faigen to the Zoning Board of Appeals Continued Public Hearing (Doug Ludgin has recused himself from this hearing) The Petitioner of Vincent Grasso & April Lucibel for property 30 Faulkner Road (Map 044.0, parcel 017) North Andover, Ma. 01845 in the R-4 Zoning District. The 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 Attorney Brian Vaughan, The applicant’s representative is at the podium/table to speak: Five members are present for a quorum. The plans have been updated and revised; the setback variance needed has been reduced by 3.5 feet Attorney Brian Vaughan is showing a blow up display of the proposed plan. Attorney Brian Vaughan also speaks to the design of the proposed project to be able to have it look consistent with the neighborhood and the aesthetic of the design. The existing structure is 28.3 and the proposed is 24.8 feet the house to the left seems to be about the same height as the proposed project. Ellen McIntyre inquired about water runoff and drainage Attorney Brain Vaughan states that there will be gutters and downspouts; there will also be vegetation and a natural border. Alexandria Jacobs asks about the letter from the neighbor Hoffman regarding their letter. Attorney Brian Vaughan states that he believes the row of trees will help with privacy. He also states that the Hoffman’s are here at the meeting tonight. 1 | Page August 08, 2017 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Associate Member Ellen P. McIntyre, Vice-Chairman Nathan J. Weinreich D. Paul Koch Jr. Esq., Clerk Alexandria A. Jacobs Esq. Allan Cuscia Ronn Faigen. Doug Ludgin Zoning Enforcement Officer Donald Belanger Ellen McIntyre asks about the dimensions between the houses. Alexandria Jacobs asks about the different proposals or conditions. Attorney Brian Vaughan is speaking to the different options available for privacy of the neighbors Ellen McIntyre asks about the height of the proposed project Brian Vaughan states that the proposed is 29 feet and the current home is 28 D. Paul Koch asks about the aforementioned swales if they are natural or will be constructed will they be on all three sides. Attorney Brian Vaughan and Vincent Grasso states that no the swale will be on the proposed garage side. D. Paul Koch is opening it up for Abutters comments Heidi Kilcoyne: 29 Faulkner road, we are in favor of the project and do not see any problem with the design and project. Michelle Cranston, 17 Faulkner Road, I just recently did a project myself and what Vinny has shown us we think will look great and fit in well with the neighborhood. She fully supports this project. Bryce Hoffman, 24 Faulkner Road, we had not had time to review the plans prior to seeing the plans, we have since had a chance to see the plans and there is no doubt that there are still some issues with this project, but we do and will support this proposed project. D. Paul Koch asks if anyone has any thoughts, questions or concerns and states that he has concerns about the Variance requested due to the setback size request. The neighbors are in support of this proposed project. There is a concern about a narrow side setback. He speaks to the vegetation barrier that has been proposed to help with the privacy issue. Allan Cuscia by us allowing this Variance this brings this house into conformity with the neighborhood. Allan also speaks to the lot shape and about the paper road that was never built and how it affects the positioning of the existing house. Alexandria Jacobs speaks to the windows on the proposed second floor and the privacy issue. Rose (inaudible) 182 Middlesex Street, speaks to the water abatement issue. Why aren’t you looking at French drain systems or underground systems, based on prior experiences above ground system do not work. Ashley (inaudible) Village Green Drive, My understanding is that if they didn't ask for the Variance they could build whatever they want. I understand the privacy concerns. 2 | Page August 08, 2017 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Associate Member Ellen P. McIntyre, Vice-Chairman Nathan J. Weinreich D. Paul Koch Jr. Esq., Clerk Alexandria A. Jacobs Esq. Allan Cuscia Ronn Faigen. Doug Ludgin Zoning Enforcement Officer Donald Belanger Attorney Brian Vaughan speaks to the different reasons/need for the Variance request and the privacy issues. The design is to take into account both lots and the fact that this is “downtown living” where homes are located closer together. He would also like to point out that there is already an existing structure. D. Paul Koch asks what the current setbacks are. Attorney Brian Vaughan states that it is 15.5 feet. Attorney Brian Vaughan states that it is 9.5 a difference of approximately 6 feet. Vincent Grasso speaks to the privacy issue and states that his neighbors also overlook his property and we all respect each other’s privacy within our neighborhood. It is important for me that this fit in with the neighborhood Motion: Allan Cuscia made a motion to close the public comment the motion seconded by Nathan Weinreich Allan Cuscia states that he does not believe this request is out of the ordinary. Motion: Ellen McIntyre made a motion to close the public hearing the motion seconded by Allan Cuscia D. Paul Koch, Ellen McIntyre, Allan Cuscia, Alexandria Jacobs and Nathan Weinreich and Ronn Faigen. (Doug Ludgin not arrived yet). Motion: Ellen McIntyre made a motion to grant the Variance for 30 Faulkner Road Motion seconded by Alexandria Jacobs D. Paul Koch voted no Motion passes 4-1 Allan Cuscia, Ellen McIntyre, Alexandria Jacobs and Nathan Weinreich. All Plans, applications, letter and memos referenced Doug Ludgin arrives at the meeting. New Public Hearing The Petition of Frank Fodera, for property address 300-302 Pleasant Street, North Andover, MA. 01845 (Map 095.0, Parcels 0043), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting a Special Permit from sections 4.122 & 4.122.14 of the Zoning Bylaw (Conversion from a two family to a Three Family in the R-4 Zoning District) is required from the Zoning Board of Appeals. Allan Cuscia read the legal notice into the record. Frank Fodera is at the podium to speak to the application in order to convert his basement to a one bedroom apartment at 750 square feet. Ellen McIntyre asks about the size of the units Frank Fodera states that his unit is 2200 square feet, the third floor is 1100 square feet. 3 | Page August 08, 2017 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Associate Member Ellen P. McIntyre, Vice-Chairman Nathan J. Weinreich D. Paul Koch Jr. Esq., Clerk Alexandria A. Jacobs Esq. Allan Cuscia Ronn Faigen. Doug Ludgin Zoning Enforcement Officer Donald Belanger Ellen McIntyre asks for the number of bedrooms Frank Fodera states that his unit has 3 bedrooms and the other units have 1 bedroom each. Allan Cuscia states that the applicants’ street seems to only have single families on it. Frank Fodera provides a GIS map of the neighborhood showing all the outlying multifamily houses. Allan Cuscia asks why we should allow this application. Frank Fodera says there will be no exterior work only interior work. D. Paul Koch asks what exterior work will be done Frank Fodera states that a window will need to be lowered and changed. Alexandria Jacobs asks about parking Frank Fodera states there is a parking plan as part of the package Doug Ludgin arrives at the meeting. Alexandria Jacobs is speaking to the parking for the home. There is discussion among the Board members regarding the parking requirements Ellen McIntyre asks for clarification on the sizing of the parking spots depicted on the plan. Frank Fodera states that the architect planned for 9 x 18 foot spots Allan Cuscia asks about parking in the winter with snow. Frank Fodera states that the off street parking is provided. Alexandria Jacobs asks about the neighboring house. Frank Fodera states it's a single family home. D. Paul Koch asks if the gallery would like to speak 4 | Page August 08, 2017 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Associate Member Ellen P. McIntyre, Vice-Chairman Nathan J. Weinreich D. Paul Koch Jr. Esq., Clerk Alexandria A. Jacobs Esq. Allan Cuscia Ronn Faigen. Doug Ludgin Zoning Enforcement Officer Donald Belanger Jim Lafond 329 Osgood Street, is at the podium to speak. Jim Lafond states that he has lived here for 60 years, I have just had the opportunity to meet them and we are in favor of this project. He also speaks to the history of the neighborhood and the different projects throughout the Town and the improvements being made. Regarding the parking; the spots have been there for about 50 years. This property has been used in the past as a business and a multi-family home. Ellen McIntyre made a motion to close the public hearing the motion seconded by Alexandria Jacobs. D. Paul Koch, Ellen McIntyre, Allan Cuscia, Doug Ludgin, Alexandria Jacobs, Nathan Weinreich and Ronn Faigen. Allan Cuscia states that all the neighboring houses are single family. There is discussion among the Board regarding the application request and the parking. Doug Ludgin speaks to a similar prior project and the fact the Board did deny that project. Ellen McIntyre states that she takes every application by itself. D. Paul Koch speaks to the application and the precedent it could possibly set. Motion: A motion to grant the Special Permit made by Ellen McIntyre The Motion was seconded by Allan Cuscia Motion passes 4-1, Nathan Weinreich, D. Paul Koch, Ellen McIntyre, Alexandria Jacobs Allan Cuscia voted no All plans, documents and memos are referenced New Public Hearing The Petition of North Andover Country Club. For property located at 500 Great Pond Road (Map 064.0, Parcel 0007), North Andover, MA. 01845. The applicant is requesting a variance pursuant to section 4.136.3.c.ii.3 for construction of a patio with a fire pit in the R-1 Zoning District. A Variance is requested under Section 4.136(Watershed Protection Division), 3 (Uses and Building Requirements), c. ii (3) (Non-Disturbance Buffer Zone), of the Zoning Bylaws. Allan Cuscia read the legal notice John Morin is at the podium to speak, Morin Cameron group we are seeking a Variance to build a patio and a fire pit. Mr. Morin is referencing a map of the property and the plan with an explanation to what is proposed and the reason for the location to the project. The Building Inspector after reviewing the design has ruled it a structure in the non- disturbance zone. The patio is only 850 square feet. The proposed location fits in with the aesthetic of the site building. The Planning Boards Consultant which is TEC as already reviewed and approved the design. John Morin speaks to the drainage and infiltration design for the proposed project. John Morin speaks to the reasons for the Variance request and the aspects of the proposed plan and design. The proposed drainage will actually provide and promote additional drainage for the existing building. 5 | Page August 08, 2017 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Associate Member Ellen P. McIntyre, Vice-Chairman Nathan J. Weinreich D. Paul Koch Jr. Esq., Clerk Alexandria A. Jacobs Esq. Allan Cuscia Ronn Faigen. Doug Ludgin Zoning Enforcement Officer Donald Belanger D. Paul Koch asks about the reason that fill is needed. John Morin states that due to the slope in order to make the patio level you need the approximately 2.5 feet of fill. Terracing of the patio does not really make sense due to the size of the patio. John Morin states that the plan and survey were not done due to the time constraints and asks for a waiver of a recordable plan with an option to attach it to the decision, the Criteria to make a recordable plan which will require additional time and surveying. D. Paul Koch asks if anyone has anything to add Rose (inaudible) 182 Middlesex Street speaks to the drainage mediation. Edward and Gail Neiburger, 476 Great Pond Road, Is an abutter to this property is asking for clarification to the location of the proposed patio and fire pit and what will be burned in it. Would like to know the hours of operation. She also has concerns about the debris from the parking lot being blown into the brook. We support the proposed project. John Morin shows where the location is on the map and also states that it will be a propane fire pit. He states that it will be open until 12:00 pm. invites the Neiburger s to come over and meet with the Manager of the Country Club. D. Paul Koch asks for clarification on the different buffer zones and the reasons for them. John Morin speaks to the reason for this and the different drainage and projects within this zone. Doug Ludgin asks to the design of the patio and how will that help the mitigation of rain water. John Morin states that the different gravel and layers help vs. the existing grass. Motion: A Motion to close the public comments made by Allan Cuscia Motion seconded by Nathan Weinreich Vote in unanimous Ellen McIntyre is against the waiver request of the plans The Board is discussing the request and the proposed project. Motion: A Motion to grant the Variance made by Doug Ludgin all plans and documents are referenced, and a granting the waiver request. Motion is seconded by Allan Cuscia Motion passes 4-1, Nathan Weinreich, D. Paul Koch, Allan Cuscia, Doug Ludgin Ellen McIntyre is a no 4-1 vote 6 | Page August 08, 2017 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Associate Member Ellen P. McIntyre, Vice-Chairman Nathan J. Weinreich D. Paul Koch Jr. Esq., Clerk Alexandria A. Jacobs Esq. Allan Cuscia Ronn Faigen. Doug Ludgin Zoning Enforcement Officer Donald Belanger Miscellaneous Harmon Law Offices, PC. Letter 06.22.2017 Adjournment Made by Ellen and seconded by Allan 7 | Page August 08, 2017