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Home My WebLink About2010-03-09 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, March 9 2010 at 7:30 p.m. 120 Main Street, North Andover, Massachusetts Members present: Albert Manzi, Ellen McIntyre, Richard Byers Associate Members: Thomas Ippolito, Michael Liporto and Daniel Braese Also in attendance: Zoning Enforcement Officer, Gerald Brown Excused absence: Joseph LaGrasse and Richard Vaillancourt Call to order Chairman Albert Manzi called the meeting to order at 7:40 Pledge of Allegiance APPROVAL OF MINUTES Manzi stated to the Board that because they have a considerable amount of minutes to review and also because 2 regular members were not present at tonight's meeting Manzi requested to the Board to keep these minutes under advisement till the April meeting for reviewing and take up for approval at that Meeting. Motion was made by McIntyre to continue. Second was made by Byers. All were in favor to continue the approval of minutes till April. COMMITTEE REPORTS Housing Partnership —Vice-Chairman Ellen McIntyre stated that she was unable to attend last month's committee meeting because of the inclement weather for that day. McIntyre did state that they are looking at some properties to sponsor just like they did for Stevens. CONTINUED PUBLIC HEARINGS a)Name Variance(s) R-4 District Jeffco Inc: 254 Greene Street (Map 22, Parcel 54) Jeffco Inc requested to withdraw without prejudice. Manzi stated that since the withdrawal form was time stamped on March 8TH and it was before the meeting date it was not necessary for the applicant or applicant's counsel to be present at the meeting tonight. Byers made a motion to allow withdrawal without prejudice. Braese seconds the motion. All were in favor. Page 1 of 4 March 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 b)Name Special permit 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 on Feb 9th: Ellen McIntyre, Richard Byers, Richard Vaillancourt, Joseph LaGrasse, Thomas Ippolito, and Michael Liporto. Board members present to hear and vote on this applicant for March 9th: Albert Manzi (signed a member's missed form on this hearing) Ellen McIntyre, Richard Byers, Thomas Ippolito, and Michael Liporto. Manzi stated that before the meeting he had the opportunity to talk to Mr. Deldotto and the Building Inspector, Gerald Brown. Manzi wanted to be brought up to speed on the applicant's request. Manzi stated that that Deldotto has 2 plans, the initial plan from the February meeting and also a revised plan, because at the last meeting the Board had suggested that some modifications be made to Deldotto's plan. Manzi stated that Deldotto preferred his initial plan and was hoping the board was willing to consider that plan instead of the new revised plan. With that being said Albert Deldotto took the podium on his own behalf. Deldotto refreshed the board on what took place at the February 9th meeting. 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 a 26.35' rear set back. Deldotto stated that the garage does not make the house non-conforming for the R-3 Zone that his property is on. 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 stated that his project will fit in well with the area and felt that it will not have a negative impact on the neighborhood but a positive one. Deldotto also talked of the age of his home, and of the neighborhood, as well as the size of his lot that was just about 13,000 square feet. Deldotto also stated that the shape of his lot 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 26.35' set back at the rear. Page 2 of 4 March 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 Deldotto had letters of support on his project from 5 abutters who directly touch his property line. Deldotto stated that at the last meeting in February the board heard his position and that one of the Board members suggested that he put his garage further back on the lot, because of concerns with the length of Deldotto's driveway. Deldotto went to his architect and engineer to redraw a second set of plans to comply with the request of the Board. Manzi asked about the proposed tie in with the garage and the breezeway on the original plan that was accepted in 1997 (this part of the plan was also proposed at the February 2010 meeting), and also asked Deldotto if the new plans were going to cause him any construction problems. Deldotto stated that it would. Deldotto went on to say that if he went with the new plans it would affect other factors and will cause a variety of issues and problems such as the construction, framing, interior, layout as well as a variety of other concerns. That is why Deldotto was hoping that the Board would entertain his original plan. Manzi stated that Deldotto complied with the Board by having a second set of plans drawn up. Deldotto submitted pictures of his neighborhood and passed them onto the Board. Board members discussed and commented on Deldotto's initial plan. McIntyre voiced her concerns over the driveway, due to safety issues and felt the driveway was too short to accommodate the parking of a vehicle safely. McIntyre went on to say she would rather see Deldotto's revised plan and not his initial plan because of her concerns with the driveway. Manzi stated that the driveway leads to the garage, and that the garage is the parking. Ippolito stated that Rosedale Avenue was not the busiest street and he really had no problems with Deldotto's original plans. Ippolito also stated that Deldotto lives on a cul-de-sac with only 12 houses on the street. Byers stated he would be more concerned if Rosedale Avenue had high traffic, such as Waverley Road, so he had no problems with Deldotto's initial plans. Liporto stated that there were no compelling reasons for him not to go with Deldotto's initial plan. Brown pointed out that at the moment Deldotto is already legally parking in the driveway, in the non highlighted area of the plan. Manzi felt that the driveway was in compliance with the Bylaws and also felt that all the Board members and Brown had raised some good points. Page 3 of 4 March 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 With that being said, Manzi felt now was the time to close the public hearing and that no more evidence will be heard. Before Manzi closed the public hearing he asked Deldotto what plan he would like to go with, Deldotto stated he would like to move forward with his initial plans. Byers made a motion to close the public hearing. Liporto second the motion. McIntyre was not in favor. It was 4-1 in favor of closing the public hearing. Byers made a motion to allow the Variance. Liporto second the motion. McIntyre was not in favor. It was 4-1 in favor of the Variance. Byers made a motion to allow the Special Permit. Liporto second the motion. McIntyre was not in favor. It was 4-1 in favor of the Special Permit. ADJOURNMENT A motion was made by McIntyre to adjourn the meeting, Braesse second the motion All were in favor to adjourn the meeting. Meeting adjourned at 8:30. Page 4 of 4 March 9,2010