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HomeMy WebLinkAbout2018-01-09 Zoning Board of Appeals Minutes .. J,_ i MEETING MINUTES TOWN' OF NORTH ANDOVER Board/Committee Marne: ZONING BOARD OF APPEALS Date: January 9,2018 Time of Meeting: 7:30 PM Location: Town Hall, 120 Main Street Signature Valerie Cinseruli "Town Clerk Date Stamp 1 AGENDA Call to Order called at 7:30 Present: Albert Manzi, Ill, Ellen McIntyre, Allan Cuscia, Doug Ludgin, D. Paul Foch, 1 Ronn Paigen,Alexandria Jacobs Absent: Nathan Weinreich Staff Present: Valerie Cinseruli Gavel given to Albert Manzi, III Pledge of Allegiance Minutes Approval Motion: December 12, 2017 approved. Ellen made a motion to accept the minutes. Allan Cuscia seconded the motion. All in favor. 234 Dale Street continued public hearing The applicant David Cronin is requesting two variances. A variance pursuant to 'Section j 4.136.3.c.ii.3 (Watershed District) for construction of a second story addition and a variance pursuant to Section 4.136.3.c.ii.7 for gross floor average (GIA) allowed 50% requested 68.9%,variance of 18.9%in the R-1 Zoning Distriet.(continued to the February 1 13, 2018 Zoning Board meeting) i J 197 High Street continued Public Hearin The petition for deffeo, Inc. for property located at 197 High Street (Map 066.0, Parcel 0044),North.Andover, MA. 01845 in the R-4 Zoning District. (continued to the February 1.3, 2018 Zoning Board meeting) J 128 Dale Street New Public Hearin The petition of Steve Mason,for property 128 Dale Street(Map 37.13,Parcels 0008),North Andover, MA 01845 in the Rl Zoning District.. 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 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 w I Steve Mason is at the podium. He is requesting to build a two car garage in a watershed overlay district non-disturbance zone. Paul D. Koch read the legal notice. Ellen McIntyre asks how much relief is being requested. Steve Mason responds that there is a vernal pool on the right side of the property. The proposed garage is on the left side of the home just touching the 100 foot buffer zone. That is why he is proposing the garage to be placed there. Ellen McIntyre asks what is currently on that side now. Steve Mason responds there was a one car garage but it was converted into a family room. Ellen McIntyre how big is the home currently"? Steve Masan current home is approximately 1540 square feet. J Albert Manzi is discussing the watershed and would like to know what is outside the 100 foot buffer zone. floes it require a special permit from Planning? Steve Mason responds that is does require a special permit from planning and plans on filing for one. His concern was storm water management. The existing driveway will be replaced and it will be further away from the wetlands. Doug Ludgin removing the driveway would be a minor disturbance and conservation would need to know about it. Board looking at the plans Ellen.McIntyre asks why it needs to be a foot higher than the existing garage. ,also, is not comfortable with a 5.5 foot variance. Steve Mason answers that is doesn't have to be and has emails from neighbors that they approve of the proposed garage. Notices and agendas are to be posted 48 hours in advance of the meeting e c udin Saturdays,Sundays.and legal holidays. Please keep in mind the Town C'lerk'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 I i f is Ellen. Mcinytre asks if the applicant has looked at placing the garage in the back of the house. Steve Mason responds that it would be too close to the pool and they would have to relocate the sewer line. i Allan Cuscia 5.5ft variance is a lot to request. Why not build a one car garage? It would 1 cut the variance to 1 6.5ft. Steve Mason It is not out of character for the neighborhood and there is no impact to the neighbors. Albert Manzi what is the driving need for the variance to be so substantial? Steve Mason it is because of the vernal pool on the other side Paul D. Koch there is a huge difference percentage wise between a variance of 5.5ft and 8 or 9 ft. Single digit variances are almost impossible hurdles. Agrees neighbor is far enough away but the tree line will have to be eliminated which is the buffer zone. Steve Mason responds that there is a stone wall between his house and the neighbor's home with a bunch of trees. He has some juniper bushes and small maple and oak trees. The tree line is minimal. Paul.D. Koch Trees grow over time and cutting them down doesn't fare well with me. He is focusing on the vegetation buffer of the two properties. Steve Mason if I need to plant bushes along the edge l am willing to do that. He asks what the intent of the bylaw is. Not changing the character of the existing neighborhood. f Allan Cuscia asks the applicant you converted an existing garage to a family room?Now you want to come back and add a two car garage? As you can hear from the board we are all upset over a 5' foot variance I i s 1 Notices and agendas are to be pasted 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. Now Mutters may be called out of order and not as they appear in the agenda. 1 i 'i MEETING MINUTES 1 TOWN OF NORTH ANDOVER � t 1 r r Al Manzi feels as though 5.5' variance is significant in what the board usually hears. But for me I am more concerned with the storm water component and do not know how that is being mitigated. We need reasons to grant variances. Doug Ludgin do you have a proposal for the garage to be completely outside the 100 foot buffer zone?It would be an easy thing to gain 3.5 feet if you were to shift the garage against the existing home. You wouldn't lose anything. i Steve Mason responds that it is an option. I Doug Ludgin if you place the garage behind the house you would not have to come in j front of the board. It would fit and there would be no setback variances required. Steve Mason responds that the issue with putting it behind the house it would be too close to the pool in the summer. Also feels it has more impact to the neighbors.. Al Manzi do you have any other plans that would have less variances and that your neighbors would support? Dave Rutter 45 Berrington Place Opposed to the variances being granted. He feels setbacks and variances were created for a reason and he is an advocate of the watershed protection. He moved into a property with known setbacks and should be aware of them. He is strongly against it and if the garage can be turned 90 degrees that would be fine. Al Manzi asks the applicant what would you like to see the board do tonight. Are you interested in working on a storm water component? Steve Mason would like to move forward with a watershed special permit. He is considering making a 3 foot change to the plans. Board is discussing the storm water component with the applicant and what to do at the. neat meeting. I Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please heep 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 ehair reasonably anticipates will be discussed at the niecting are to be listed on the agenda. Mote: Matters may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER l r Doug Luddgin commented on shifting the garage away from the street. Feels it is tight based on the characteristic of the neighborhood. He is more comfortable with a 9 foot. variance. If you can push the garage to the back of the house he is more in favor of that. Al Manzi is keeping an open mind to the project and see the hardship with having a vernal pool on one side of the house. He also takes into consideration the abutters points but does believe there is more to do. Allan Cuscia Cuscia asks the applicant if he would Tike to continue to next month. 1 Allan Cuscia made a motion to continue the motion to next month. Ellen McIntyre j seconded the motion. All in favor. 35 Mcadowood Road New Public Hearin. The Petition of Michael, Thomas and Cornelius Donovan, for property located at 470, 500 and 530 Boxford Street(Map 105.0, Parcel 41, 42 &43),North Andover, MA. 01845 in the RI Zoning District. Paul D. Koch read the legal notice Michael Consoli at the podium He is requesting to make his current one family home a two family home. He submitted abutters in favor of the project and photographs of his property. Ellen McIntyre is trying to understand the addition and it looks like just another wing being added. Michael Consoli explains that the home was built in 1930 and it faced the Andover ByPass until in 1992 when they built the new subdivision. Their current backyard is now their I front yard. Alexandria Jacobs by doing an in-law suite why are you telling us it will diminish property. l Michael Consoli responds that his house is 3500 square feet and the neighborhood homes are between 1300-1900 square feet, His house would increase to over 4500 square feet which is too big for the neighborhood. Notices and agendas are to be pasted 448 hours in advance of the meeting excludin 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 listed on the agenda. dote: Matters May be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN �OF NORTH ANDOVER 1 i r Allan Caseia there are all single family homes in the neighborhood and I have a hard time allowing this home to be a two family home. Surprised there are no abutters here at the meeting that are against it. i Al Manzi let the record show there are no abutters in the room. Al Manzi You need to decide what would work for you and what would make the board feel more comfortable. You are not looking for dimensional relief which is significant. Doug Luudgin part of the issue is taking into account the characteristics of the i neighborhood when doing a special permit, Fatal flaw of the design is the roof lines and how they are significantly different from the original house. The comments are indicative of that reason. Special permits are easier to grant because it is not a change to the deed. Paul D. Koch asks what the square footage of each unit. Mike Consoli responds it will be the existing home of 3569 square feet and the addition would be 1100 square feet. Paul D. Koch noted for the record two letters were from people who are not on the abutters list. i Mike Consoli pointed out that it was a two year process of designing the plans. i It was decided to make a motion to continue the meeting to neat:month. i Ellen McIntyre made a motion to continue the meeting to next month.. Allan Cuuscia seconded the motion. All in favor. There was discussion amongst the board regarding chairman nominations. No decision was rendered. Continued to the February 13th meeting. Correspondence submitted Meeting Adjourned at 9.40pm 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 listed on the agenda. Note: Matters may be caned out of order and not as they appear in the agenda. 1