HomeMy WebLinkAbout2018-02-13 Zoning Board of Appeals Minutes
Board/Committee Name: ZONING BOARD OF APPEALS
Date: February 13, 2018
Time of Meeting: 7:30 PM
Location: Town Hall, 120 Main Street
Signature Valerie Cinseruli
Town Clerk Date Stamp
AGENDA
Call to Order called at 7:30
Present: Ellen McIntyre, D. Paul Koch, Ronn Faigen, Alexandria Jacobs, Nathan
Weinreich
Absent: Albert Manzi, III, Allan Cuscia
Staff Present: Valerie Cinseruli
Gavel given to Ellen McIntyre
Pledge of Allegiance
Paul D. Koch made a motion to appoint Nathan Weinreich as a regular member of the
Zoning Board of Appeals. Ronn Faigen seconded the motion. All in favor.
Minutes Approval Motion:
December 20, 2017 minutes approved. Paul D. Koch made a motion to approve the
minutes and Nathan Weinreich seconded the motion. All in favor.
January 9, 2018 approved. Paul D. Koch made a motion to accept the minutes. Ellen
McIntyre seconded the motion. All in favor. (Nathan Weinreich did not vote. He was
absent from the January 9, 2018 meeting
35 Meadowood Road New Public Hearing. The Petition of Michael, Thomas and
Cornelius Donovan, for property located at 470, 500 and 530 Boxford Street (Map 105.C,
Parcel 41, 42 & 43), North Andover, MA. 01845 in the R1 Zoning District. . (continued to
the March 13, 2018 Zoning Board meeting)
Nathan Weinreich read the Time Waiver for 35 Meadowood Road. Ellen McIntyre made
a motion to accept the time waiver. All in favor.
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128 Dale Street continued Public Hearing
The petition of Steve Mason, for property 128 Dale Street (Map 37.B, Parcels 0008), North
Andover, MA 01845 in the R1 Zoning District.
Steve Mason is at the podium discussing the new proposal based on feedback from the last
meeting. He changed the side setbacks from 5.
and is proposing a single car garage with a carport towards the back of the house and
moving the bulkhead to have access through the garage.
Ellen McIntyre is reading an email from the town engineer submitted by the applicant.
ZBA Board is reviewing new plans.
Paul D. Koch says it sounds like the applicant has done work based on the feedback from
last meeting and appreciates the effort. He asks if the few extra feet to put in the footings
will affect topography.
Steve Mason responds that some tree will need to be removed but the stone wall that is
there will stay. He has no intentions of grazing the earth.
Paul D. Koch made a motion to close the public hearing. Ronn Faigen seconded the
motion. All in favor.
Ellen McIntyre made a motion to approve 128 Dale Street. Nathan Weinreich seconded
the motion. All members of the board voted in favor of the one car garage with a carport.
234 Dale Street continued Public Hearing
The applicant David Cronin is requesting two variances. A variance pursuant to Section
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 (GFA) allowed 50%
requested 68.9%, variance of 18.9% in the R-1 Zoning District
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Nathan Weinreich opened up the hearing reading the legal notice for 234 Dale Street.
Brian Vaughan discussing concerns of the board voting due to absences bur decides to go
forward with the hearing.
Brian Vaughan is at the podium explaining to the board all the changes to plans per their
request and believes he has all the answers the board is looking for. There are no changes
to the application it just needed to be properly noticed is why we opened a new hearing.
No watershed variance is needed based on the zoning bylaws. It is exempt because it is an
expansion of an existing structure. Sid
being requested because it has a garrison overhang.
Ronn Faigen is asking about the setbacks for the covered porch and if it was something
they needed.
Brian Vaughan responds with it is not critical but it is more space for them in the nicer
weather. The yard has not much use because of a slope. Also, it carries the natural line of
the home.
Ellen McIntyre asks how big the deck will be.
Brian Vaughan responds with a 25x18 deck.
They are discussing the storm water condition but they are going to wait for the planning
board.
Paul D. Koch states the bylaw is not very clear regarding the watershed variance but
appreciates that Brian Vaughan and Don Belanger met to come to this determination.
Ellen McIntyre is okay with placing a condition based on the submittal of drainage plans
after the planning board approves it. She prefers that two separate motions be made.
Ellen McIntyre made a motion to close the hearing. Nathan Weinreich seconded it. All
in favor.
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Paul D. Koch made a motion to approve 234 Dale Street read the legal notices with the
condition of storm water plans subsequent to the planning board meeting.
Alexandria Jacobs seconded the motion. All in favor.
197 High Street continued Public Hearing
The petition for Jeffco, Inc. for property located at 197 High Street (Map 066.0, Parcel
0044), North Andover, MA. 01845 in the R-4 Zoning District.
Brian Vaughan is discussing the delay with the historical commission. It was approved
last night allowing us to demolition the property and re-design it with concerns from the
neighborhood.
There are currently no new plans because that was due to the fact we were waiting for the
historical commission. Brian would like to hear the concerns and feedback from the
neighbors so they can hopefully make new plans that will fit in with the neighborhood.
Chris & Jill Burke 181 High Street
position to the proposed
home. There has been 20-25 years of neglect to the current home. Her home is one house
in between the property and she feels raising the home and making it a 2 family home
would impact the character of the neighborhood. The lot was only intended for a one
family and an oversized structure would impact the privacy of many neighbors.
Amy Sullivan 189 High Street
She is a direct abutter to 197 High Street. She is not opposed to a 2 family structure but is
opposed to the original drawings of the proposed structure. It is out of character for the
neighborhood. The height of the home is higher than the deck on her home and she feels
as though there is no privacy and is being constantly watched. Also is opposed to a third
floor.
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Chris Barker 181 High Street
He is requesting the board take a look at 250-252 Sutton Street which is the same structure
being proposed for 197 High Street. Feels as though it is a total mismatch for the
neighborhood.
Sharon Reynolds 182 High Street
She submitted letter for Nathan Weinreich to read.
She and her husband have lived in the neighborhood for 47 years directly across the street
from the applicant. It has been a single family for over 150 years and it should remain that
way. Currently there is a traffic issue and making it a 2 family would cause for more traffic
and it is almost impossible now to back out of my parking lot.
Sharon LaPointe 58 Brightwood Avenue
Lives directly behind the applicant. Their backyards face each other. Read letter to the
ZBA Board.
Appreciates the applicant re-designing the home. The height of the original proposal is too
high and it would impose on their privacy. They spend much time in the backyard. Their
current view would be altered and hoping the board does not allow a structure so high.
Jody Black 202 High Street
Lives across the street from the proposed structure. She has read lots of studies of how
market values remain high in historic neighborhoods and now fears with a 2 family
structure built that is out of character of the neighborhood their property values would
decrease. If board approves a 2 family structure, she is hoping it is more in character with
the neighborhood.
Richard Fratello 198 High Street
Lives across the street from the proposed structure. Asking Attorney Vaughan about the
letter from the historical commission. No letter has been provided. Hoping they scale it
back from the original design.
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Ellen McIntyre responds that the applicant will re-submit the plans and hopefully come
back with a design that fits the neighborhood. Next meeting is March 13, 2018.
Brian Vaughan responds to all the abutters that his main goal and purpose is to take all
the feedback from the neighbors and give it to his client and builder. The project is based
on the approval of the zoning board and it needs to be cost effective for them.
Ellen McIntyre speaks to the abutters of how all these comments will be taken into
consideration of the applicant. They are welcome to go to Town Hall to look at any new
plans that have been submitted.
Paul D. Koch made a motion to continue the hearing to March 13, 2018. Alexandria
Jacobs seconded the motion. All in favor.
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
amount of
time. A listing of topics the chair reasonably anticipates will be discussed at the meeting areto be listed on the agenda.