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HomeMy WebLinkAbout2018-04-10 Zoning Board of Appeals Minutes (2) MEETING MINUTES TOWN OF NORTH ANDOVER Board/Committee Name: ZONING BOARD OF APPEALS Date: April 10,2018 Time of Meeting: 7:30 PM Location: Town Hall, 1,20 Main Street Signature Valerie Cinseruli Town Clerk Date Stamp 1 AGENDA I Call to Order called at 7:30 Present: Albert P. Manzi, III, Ellen McIntyre, D. Paul Koch, Allan Cuscia, Donn Paigen, Alexandria Jacobs,Nathan.Weinreich Staff Present. Valerie Cinseruli Gavel given to Albert P. Manzi, III Pledge of Allegiance EXECUTIVE SESSION: Executive session-M.G.L. Chapter.30A 21 a reason#3- To discuss strategy relating to Lindauer v. Varsity Wireless Investors LLC Zoning Board of Appeals, et al. Land Ct. No. 18 MISC 000066. Minutes Approval Motion: February 13, 2018 minutes approved. Paul D. Koch made a motion to approve the minutes and.Nathan Weinreich seconded the motion. All in favor. 35 Meadowood Road Continued Public Hearin . The petition of Michael Consoli, for property 35 Meadowood Road (Map 25 Parcels 24), North.Andover, MA 01845 in the R6 Zoning District. Nathan Weinreich read the Time Waiver for 35 Meadowood Road, Ellen McIntyre made a motion to accept the time waiver. All in favor. Notices and agendas are to be posted 48 hours in advance of the meeting excludinsSaturdays,Sundays and legal holidays. please Steep in mind the Towyn Clerk's hours of operation and matte necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters May be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER J 3 r i Attorney Brun Vaughan identified concerns with the design of the home and keeping with the character of the neighborhood which may not be possible. Michael Consoli submitted new plans to the ZBA Board. He took into consideration all the comments from the last meeting. He changed the roof lines to make it more of a natural line. He added a deck to the front of the house so it appears as a one family home. The Board is discussing the new plans. Ellen McIntyre asked about how many two families are in the neighborhood. Both Brian Vaughan and Michael Consoli were unsure of that answer. 1 Brian Vaughan if originally had taken this application would have appealed to the Building Inspector stating that his client has a strong argument it is a by right use of property. Albert Manzi asked if any internal updates have been changed and stresses the importance of having the entire package complete and in order. There were no changes to the interior design. There were no abutters at the meeting. Correspondence was submitted on January 9,2018 from 36 Meadowood Road, They were not in favor. Board is discussing the decision and asks the applicant if they would like to close the meeting. With a special permit, a majority vote is needed. The applicant decided that he has updated the plans to the requests of the board and has decided that the board should move forward with a vote. Ellen McIntyre made a motion to close the hearing. Allan Cuscia seconded the motion. Members voted: Allan Cuscia-NO Ellen McIntyre -NO Albert Manzi—Yes D. Paul Koch—Yes and Nathan.We nreich- Yes 35 Meadowood Denied. Not approved. Super majority needed. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keep in mind the Town Cleric's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER l I 1717 Turnpike Street New Public Hearin The petition of Connie & Nicholas Vergados, for property 1717 Turnpike Street (AKA 1781 Turnpike Street) (Map 107.8, Parcels 0018), North Andover, MA 01845 in the GB Zoning j i District. Phillip Christiansen representing Connie and Nick Wergados at the podium. He is discussing,a small lot on Turnpike Street in the GB area. Both sides of the property are GB but the rear abuts a residential area. The Zoning bylaws require a 100 foot front setback but the lot isn't a 100 feet. A normal front setback is 30 feet. Side setbacks are 25 feet but because it abuts a residential area side setbacks become 40 feet, These bylaws came after the property was in existence. The applicant is proposing a 1200 square foot beauty salon with 2 other business spaces at I 1300 square feet. There are 13 designated parking spaces. It is an existing non-conforming lot. It does not meet zoning setback requirements. Ellen Mclntryre asked if there was anything on the lot before. Mr. Christiansen thinks there was something there years ago. The lot is owned independently. Ellen McIntyre also inquired about the lot being accessible to fire trucks. There is no issue 1 with this. The applicant submits drawings to the ZBA Board. No additional spaces are needed for handicap access. They are part of the 13 designated spaces. j Allan Cuscia suggests instead of encompassingthe entire lot with a building,they should think about reducing the size of the building and only having one other commercial space. Applicant read a narrative as to why they are building the salon. Albert Manzi is discussing the zoning bylaws and its footnotes. Allan Cusc'ia states that the bylaws makes this Mand completely unusable and a variance is needed. Notices and agendas are to be posted 46 hours in advance of the meeting excludin Saturdays,Sundays and legal holidays. Please]seep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A,listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Notes Matters may be called out of order and not as they appear in the agenda. 'r i MEETING MINUTES TOWN OF NORTH ANDOVER i n I f I I Chris Carter 15 Colonial Avenue t He abuts the commercial plot that is being proposed. His concerns are lots of pavement, traffic will be worse and seeing lights outside of his property. His bedrooms face the street. j His property is roughly 30 feet from the property line. Alanna Gill 10 Colonial Avenue Likes how they want to improve the lot with a beauty salon but feels it is too much building t for the property. There is no guarantee of what will go in the commercial space. It will create additional traffic and noise. Nick Germalis Oxbow Circle No legal assurance that it could be something after the beauty salon sells it. It is a perfect location for a Dunkin Donuts. Trees are being taken down which was a buffer zone for noise and this will create additional traffic. t Wendy Kahn 51 Colonial Avenue She is a 21 year resident of North Andover and a 20 year resident of Colonial Avenue. Feels as though the variance is a, back door attempt to pass the zoning bylaws. The board has an obligation to balance the prejudice to the neighborhood. The adverse impact to the neighborhood is substantial due to the increase of building on route 114. The parcel was not made for a structure that large. Caroline Castaldo 85 Colonial Avenue 21 year resident of Colonial Drive. likes the idea of the beauty salon but feels as though it is too much building for such a small footprint of land. A red flag was raised for her when she saw the 2 commercial spaces. Those 2 spaces could indicate anything. Concerned about the signage and the lighting. Notices and agendas are to be posted 48 hours in advance of the meeting;excluding Saturdays,Sundays and legal holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting;are to be lasted on the agenda. Note: Matters may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER I i Judy Ferris 31 Oxbow Circle Looks like a 7-11. Would prefer a structure that is more with the character of the neighborhood. Adding this industrial business changes it. Concerned with fire access and handicap spots. Also would like to see a sidewalk to connect with Colonial. Albert Manzi and the board discussing abutter concerns and taking the zoning bylaws into t consideration. Applicant would like to come back to next meeting with new plans. Ellen McIntyre would like the applicant to speak to the Fire Department and the Building Inspector about parking spaces and fire truck access. i Board discussing continuing the meeting with the applicant. Connie Vergados decided to continue the meeting to May 8, 2018. Allan Cuscia made a motion to continue and Ellen McIntyre seconded the motion. All were in favor. I 562 Boxford Street New Public Hearin The petition of Sirius Development, LLC for property 562 Boxford Street(Map 105.0, Parcel 003), Forth Andover, MA 01345 in the R1 Zoning District. i Phillip Christiansen at the podium representing Sirius Development. Paul Koch read the legal notice. The applicant would like to construct a new single family home. Currently there is an existing home on the property surrounded by a lot of wetlands and a vernal pool. The current home is too close to the wetlands and in order to build a new home, it needs to be moved away from the wetlands, They are filing with the Board of Health for the septic system and the Conservation Committee. They are requesting a 1.6.5 left setback due to the house having to be moved because of the wetlands. Phillip Christiansen is showing the existing dwelling to the board and discussing the shape of ( the property. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keep in mind the Town C'leric's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear in the agenda. i i MEETING MINUTES { TOWN OF NORTH ANDOVER 1 The board decides it is best to continue the meeting to the next month after a decision has been made with the Board of Health. James Santoianni 5162 Boxford Street He and his wife purchased their 2 acre property home two years ago. He is all in favor of building a new home because it will be great for the neighborhood, His concern is the left side setback because it is encroaching his property, He would life the builders to think about other ways of reducing the setback or requesting setback for the other side of the property. i Maybe utilizing the existing foundation? Alen McIntyre would like to see other options for building the home at the next meeting. Sirius Development is continuing the meeting to May 8, 2018. Allan Cuscia made a motion to continue the meeting to next month and Ellen McIntyre seconded the motion. All were in favor. Board Elections Paul D. Koch appointed as the Chairman. Ellen McIntyre appointed as Vice Chairman. 1 Albert Manzi appointed as Clerk. Correspondence submitted Meeting Adjourned at 10:40prn f f, Notices and agendas are to be posted 48 hours in.advance of the meeting excluding Saturdays,Sundays.and legal holidays. Please keep in mind the Town Cleric's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A lasting of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear In the agenda.