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Home My WebLink About2010-02-09 Zoning Board of Appeals Supplemental Materials Town of North Andover ZONING BOARD OF APPEALS ORTIy Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq. Joseph D. LaGrasse n Michael P. Liporto Richard M.Vaillancourt '� °o,�_��< �'� * Zoning Enforcement Ofcer �I& ACHU`� Gerald A.Brown DRAFT MINUTES Tuesday, February 9, 2010 at 7:30 p.m. 120 Main Street, North Andover, Massachusetts Members present: Albert Manzi (arrived at 8:15), Ellen McIntyre, Richard Byers, Richard Vaillancourt, Joseph LaGrasse Associate Members: Thomas Ippolito, Michael Liporto Also in attendance: Building Inspector, Brian Leathe Excused absence: Daniel Braese Call to order Vice Chairman McIntyre called the meeting to order at 7:35 a)Pledge of Allegiance Approval of minutes January 12, 2010 Motion was made by Vaillancourt to approve the minutes. Second was made by Byers. All were in favor to approve minutes. For Review Revised Zoning Board Meeting Schedule for 2010. Motion by Vaillancourt to approve Revised Zoning Board Meeting Schedule for 2010 Second was made by Byers. All were in favor to approve Revised Zoning Board Meeting Schedule for 2010. COMMITTEE REPORTS Housing Partnership—Vice-Chairman Ellen McIntyre stated that they did not meet last month. They are still working on Steven's and will let everyone know at the next meeting how it is going. NEW PUBLIC HEARING Name Variance(s) R-3 District Albert Deldotto Jr. for premises at 39 Rosedale Ave (Map 47, Parcel 12) (Board members present to hear this applicant Ellen McIntyre, Richard Byers, Richard Vaillancourt, Joseph LaGrasse, Thomas Ippolito, and Michael Liporto). Albert Deldotto took the podium on his own behalf. Deldotto stated that his petition has 2 parts. One is to build a wrap around deck on the back of his house and the second is to build an attached garage with a room above it. Page 1 of 6 February 9,2010 Town of North Andover ZONING BOARD OF APPEALS ORTIy Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq. Joseph D. LaGrasse n Michael P. Liporto Richard M.Vaillancourt '� °o,�_��< �'� * Zoning Enforcement Ofcer �I& ACHU`� Gerald A.Brown In 1997 a similar project was approved but he only had built the breezeway and not the garage. Deldotto stated the deck on the back of the house, if approved will meet all set backs except for the rear. Deldotto also said that he is in an R-3 zone and the requirements are 30' and he will have 26.5' set back. Deledotto wanted to state that the garage will not make the house non-conforming. Deldotto talked of the neighborhood and how many of his neighbors had made various improvements over the years that complimented the neighborhood very nicely. He said that his project will fit in well with the area. Deldotto talked of the shape of his lot and how it makes it difficult to conform to the setbacks with the project of his deck. Deldotto reiterated that the requirements for R-3 are for a 30'setback and he will have a 26.5' set back. Deldotto had letters of support on his project from 5 abutters who directly touch his property. Also one abutter who was present spoke and said he was in support of this project. The board had various questions to ask Deldotto on the project, such as deck size, configuration of deck, as well as the length of the driveway. Lagrasse had no issues with the deck, but felt the driveway was too short and would cause any vehicle to stick out in the street if one was to park in Deldotto's driveway. The board agreed with LaGrasse that this could present a safety problem, if a car was in the driveway and part of the vehicle was out on the street. Brian Leathe, Building Inspector also agreed that the driveway was too short. Board suggested that Deldotto submit a new plan with the garage setback further on the lot. This would allow for a longer driveway. Board stated that he could continue this hearing in March with new plans, showing the garage setback further to extend the length of the driveway. Motion to continue this hearing till next month showing new plans was made by Vaillancourt. Lipporto second this motion. All were in favor to continue hearing but with new submitted plans on the garage. Page 2 of 6 February 9,2010 Town of North Andover ZONING BOARD OF APPEALS ORTIy Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq. Joseph D. LaGrasse n Michael P. Liporto Richard M.Vaillancourt '� °o,�_��< �'� * Zoning Enforcement Ofcer �I& ACHU`� Gerald A.Brown NEW PUBLIC HEARING Name Variance(s) R-4 District William Fahey for premises at 107 Waverley Road (map 14, Parcel 23) (Board members present to hear this applicant Ellen McIntyre, Richard Byers, Richard Vaillancourt, Joseph LaGrasse, Thomas Ippolito, and Michael Liporto). Fahey spoke on his own behalf, stating that his father-in-law had a serious accident and he wanted his father-in law to move in with the family. Fahey stated he was proposing to make a family suite consisting of a kitchen, bedroom, bathroom and living room in the back of the house for his father-in-law. The board asked various questions such as, if there was going to be a connection between the front part of the house to the family suite, the number of entrances, and where these entrances were located. They also asked the amount of living space given in the proposed family suite. The board members all agreed that they liked the plans for the family suite. McIntyre also asked if there were any abutters for or against the plan. Fahey's father-in law stood up and stated he was so very happy to be closer to his grandkids and family and also said he thinks North Andover is a nice little town. Byers made a motion to allow the family suite. LaGrasse second the motion of the family suite. All were in favor of the family suite. Chairman Al, Manzi arrived at 8:15 CONTINUED PUBLIC HEARINGS Name Variance(s) R-4 District Jeffco Inc:254 Greene Street (Map 22, Parcel 54) (Board members present to hear this applicant Al Manzi Ellen McIntyre, Richard Byers, Richard Vaillancourt, Joseph LaGrasse, Thomas Ippolito, and Michael Liporto). McIntyre returned the Gavel to Al Manzi. Applicant waivered counsel since their attorney was out of town. The Treasurer of Jeffco spoke briefly stating that they took into consideration issues from abutters and suggestions that the board had offered them at last month's meeting. With that being said George Schruender walked over to the podium to talk of the demolition permit. Schrender talked of the historical value of this house. But because of all the problems to the house it was not feasible to restore it. Schrender said the house had many issues. The biggest issue was the mold they found. The next was the carrying beam in the basement. The farmer's porch was never put in correctly and said it was rotting as well. Page 3 of 6 February 9,2010 Town of North Andover ZONING BOARD OF APPEALS ORTIy Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq. Joseph D. LaGrasse n Michael P. Liporto Richard M.Vaillancourt '� °o,�_��< �'� * Zoning Enforcement Ofcer �I& ACHU`� Gerald A.Brown Also Schrender stated the house was not maintained for many years, and as a result it needs lots of work. Manzi read a number of letters from abutters and concerned parties on this property. Manzi stated that McIntyre asked at last meeting for a list of 2 family homes in this particular neighborhood. Schrender submitted a map of the 2 families in the neighborhood. Schrender showed the board the new proposed plan of the house that was submitted on February 2nd to the Zoning Board. The plan showed a 2 family structure with one threshold instead of two. Schrender stated that buying a duplex is a great way for people to afford to buy a home in North Andover. Schrender also stated that this house meets all the setbacks for the R-4 Zone. Abutters walked over to the podium stated there feelings on the project. One abutter submitted a petition from abutters who were opposed to the 2 family. Most abutters spoke and felt that they would be happy to see a single family in the neighborhood because a 2 family would only make the area more congested; especially since the street is short and narrow. They also felt a 2 family would bring down the property value of the area and also ruin there neighborhood. Some stated that the house was over powering for the area. Some of the board members spoke up and said that it is important to hear what the abutters have to say when it is affecting a neighborhood that they live in. Some board members stated that the project should go along with the by-laws in respect to it fitting the character and harmony of the neighborhood. Schrender asked for a continuance on this project. Vaillancourt made a motion to continue the project on the condition that he signs a time waiver. McIntyre second the motion to continue with conditions to sign time waiver. All were in favor. To be Discussed Attorney; John T. Smolak: Request for Resolution on Fees-Osgood Residences. (Board members present to hear this applicant Al Manzi Ellen McIntyre, Richard Byers, Richard Vaillancourt, Joseph LaGrasse, Thomas Ippolito, and Michael Liporto). Smolak spoke on behalf of his client requesting reimbursement of fees or even partial reimbursement. Page 4 of 6 February 9,2010 Town of North Andover ZONING BOARD OF APPEALS ORTIy Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq. Joseph D. LaGrasse n Michael P. Liporto Richard M.Vaillancourt '� °o,�_��< �'� * Zoning Enforcement Ofcer �I& ACHU`� Gerald A.Brown Smolak stated that he wanted some direction from board on this issue. Smolak also wanted to hear what the board felt was appropriate. Manzi stated he had made some inquiries to town counsel regarding this issue with the return of fees. Manzi also stated that Curt Bellavance along with Town Counsel sent out a letter to Department of Revenue asking for clarification of fee reimbursement. A letter was received from Department of Revenue stamped February 3rd in answer to the letter from Curt and Town Counsel. Manzi stated that letter offered no opinion on where the responsibility lies on reimbursement of fees. Manzi stated that he did not feel the board had full authority to reimburse fees, but this may need to go to selectman to make this decision. The board asked questions to Smolak regarding the fees. Board also asked Brian Leathe if he ever returned fees to an applicant. Brian stated that they have never returned any fees. Byers stated that even if they did vote to return the money back to the applicant, the town manager may not want to return these fees. Board debated on fees. Some board members stated their opinion, such as, should there be a breakdown on what should be returned with regards to work done on the project. Some felt fees should not be returned at all, because it is associated with getting a permit. While others wanted more information than what they had in front of them. Lagrasse made a motion to vote that he was not in favor or support of the reimbursement of fees. Byers second the motion that he was not in favor or support of the reimbursement of fees. Al Manzi was in support of returning fees. It was four to one in favor of not supporting the fees. COMMUNICATIONS OLD BUSINESS Request for a 1 time extension granted on Feb 2009 Rear lot LLC Variance I-S 24 Main Street Map 28 Parcel 14 (Board members present to hear this applicant Ellen McIntyre, Richard Byers, Richard Vaillancourt, Joseph LaGrasse, Thomas Ippolito, and Michael Liporto). Manzi passed the gavel over to McIntyre just for this hearing. Applicant was not present for this hearing, but they were requesting per a letter to ask for an extension on this project. Board members talked about extending the hearing even though applicant was not present. Page 5 of 6 February 9,2010 Town of North Andover ZONING BOARD OF APPEALS ORTIy Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq. Joseph D. LaGrasse n Michael P. Liporto Richard M.Vaillancourt '� °o,�_��< �'� * Zoning Enforcement Ofcer �I& ACHU`� Gerald A.Brown Byers made a motion for the extension. Vaillancourt second the motion. Joseph LaGrasse voted against the one time extension. It was 4 to 1 in favor of the one time extension. ADJOURNMENT A motion was made by Byers to adjourn the meeting, Vaillancourt second the motion All were in favor to adjourn the meeting Meeting adjourned at 10:00. Page 6 of 6 February 9,2010