HomeMy WebLinkAbout2018-09-11 Zoning Board of Appeals Minutes (2)
MEETING MINUTES
Date of Meeting: September 11, 2018
Time of Meeting: 7:30 PM
Location of Meeting: Town Hall, 120 Main Street, North Andover, MA, 01845
Signature: Valerie Cinseruli
Town Clerk Date Stamp:
1. Call to Order called at 7:32 pm
Members Present: D. Paul Koch, Jr., Ellen P. McIntyre, Allan Cuscia, Alexandria A. Jacobs, Ronn
R. Faigen, Michael T. Lis, Steven R. Seide
Staff Present: Valerie Cinseruli
Gavel given to: D. Paul Koch, Jr.
Pledge of Allegiance
P. Koch formally recognized two new Board members, Steven R. Seide and Michael T. Lis.
2. Acceptance of Minutes
A. Cuscia made a motion to approve the August 14, 2018 minutes and R. Faigen seconded the motion.
Vote was unanimous in approving the minutes.
3. Continued Public Hearing re: 1725 Turnpike Street
The petition of A.L. Prime Energy Consultant, Inc. for property at 1725 Turnpike Street (Map 107.B,
Parcel 0056), North Andover, MA 01845 in the GB Zoning District.
Attorney Anthony Copani is at the podium discussing the continuance of the Special Permit and
Variance. Based on feedback from the Board and the residents at the September meeting, Prime Gas
has made changes to the original plan which he has submitted to the Board. The size and style of the
structure is now 1,700 square feet. The original proposal was 2,000 square feet. They are working
with one of the abutters that is the closest to the back of the building regarding the generator that will
be placed there.
Anthony Guba, Professional Engineer and employee of Prime Gas is at the podium to discuss changes
that were made from last meeting.
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the Chair reasonably anticipates will be discussed at a meeting are to be listed on the Agenda. Note: Matters may be called out of order and not as
they appear in the Agenda. Page 1 of 4
The building is being decreased by 15 percent. The rear and side setbacks were changed to make the
relief smaller. The relocation of the trash and generator were moved and additional landscaping with
fencing was added. Also, there will be sound insulation for the generator.
Parking will be in the same place. He looked at many different possibilities of moving the dispensers
and the building but the one proposal that worked best was the original plan. Moving everything
would not improve it but actually make it worse.
The design of the building was updated to look more residential and New England Style but at the
same time keeping the commercial look of the building.
The refrigerator will be screened from all sides and hidden from the residential property. A dormer
has been added and will be accessed from behind the building. It will have a clapboard finish.
P. Koch asked a question regarding the transaction drawer. A. Guba answered that it is there because
if it is late at night or there is a single employee working, a customer can pay for gas without having
to go into the building.
John Thomas Gillon, a Professional Engineer, is at the podium to discuss the traffic report. (Refer to
submitted traffic report)
Cuscia feels that the setbacks requested are big and would like to see them come back with another
plan,
Guba feels that this plan will help improve the effectiveness of the queues for lines.
Chris Carter, 15 Colonial Drive
Chris Carter has met with the owner of the station and they have discussed possible solutions.
Nothing has been agreed upon. The gas station is very visible from his property and he is concerned
with the refrigeration creating more noise for him. He appreciates the dumpster and the generator
being moved and adding a fence with additional bushes. Allan Cuscia asks Carter what he would like
to see or suggest to Prime Gas.
Lana Gill, 10 Colonial Avenue
Since moving to the neighborhood 6 years ago, she worries about the appearance and the feel of the
neighborhood and how it has changed. Safety and noise is also a concern.
Laura DelMarco, 74 Colonial Avenue
Reading a letter written from Caroline Castaldo.
Kathy Kendrick, 20 Colonial Drive
People have spoken about traffic but no one seems to have addresses the safety issues. The changes
that Prime Gas have brought forward are small and will negatively impact the neighborhood.
Daniel Day, 294 Pleasant Street
Lighting is a concern. Hopefully new light standards such as LED lighting will be used. What impact
will it have on the neighborhood? He has no vested interest in the project.
Anthony Copani addresses comments and concerns from the abutters. They would need to get site
plan approval to discuss lighting. LED lighting would be an improvement to the existing lighting and
it is the latest technology.
With the availability of town sewer it is best to move the building to that side of the lot.
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Lana Gill wants to inform the board that it is more than the building "being pretty". It is a safety
concern.
Board is discussing the plans and concerns of the proposed site.
A. Cuscia made a motion to continue the meeting to October 2, 2018. A. Jacobs seconded the motion.
All in favor of continuing the hearing.
The following plans and exhibits were submitted with the Application or at the public hearing:
Variance Application dated 7-9-2018
Special Permit dated 7-9-2018
Building Permit
A.L. Prime Energy Consultant, Inc. Site Layout 7-2-2018
Photographs
Applicant's Memorandum Addressing the Effect of Harrison v. St. Pierre
Traffic Report submitted by Gillon Associates
John Gillon Resume
4. Continued Public Hearing re: 329 Osgood Street
The petition of James Lafond for property at 329 Osgood Street (Map 0095, Parcels 0046), North
Andover, MA 01845 in the R-4 Zoning District.
Jim and Lisa Lafond at the table to discuss the changes made to the original plan. L. Lafond reading a
letter regarding the amended plan. They moved the garage to be parallel to the home which
eliminated the variance near Phillips Court. The rear setback variance is now a 20 foot variance and
the only variance needed. The architect hired has over 40 years of experience and they feel they have
the best plan for the property.
J. Lafond explained they added the driveway to the plot plan as requested from the last meeting. He
addressed the hardship as having a weird shaped lot.
E. McIntyre stated that the Board did not direct the Lafonds to hire a lawyer but it was suggested that
the law be read.
P. Koch feels the applicant has addressed the hardship.
Cliff Bourie, 334 Osgood Street
He has lived at this property for 22 years across the street from the Applicant. There have been 5
generations that have lived at the property. Anything that has ever been done to the home has only
improved it.
Cheryl Bruce, 326 Osgood Street
Lives directly across the street. She is in favor of the garage because she will be able to turn around in
the Lafond's driveway.
Theresa Mendell, 339 Osgood Street
She is in favor of the garage. It will free up parking spots with people parking near the fence.
Daniel Day, 294 Pleasant Street
He has direct visibility of the garage. He is in support of it.
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A. E. McIntyre made a motion to accept the variance with the condition of a 4-inch drain pipe. A.
Cuscia seconded the motion. All in favor making it a unanimous vote. D. Paul Koch, Ellen P.
McIntyre, Allan Cuscia, Ronn R. Faigen, and Alexandria Jacobs.
The following plans and exhibits were submitted with the Application or at the public hearing:
Jane Griswold Radocchia Architect Plans dated 4-2018
Plaistow Consultants Plan of Land dated 8-27-2018
5. New Public Hearing re: 21 Easy Street
James Downing for property at 21 Easy Street (Map 0038, Parcels 0166), North Andover, MA, 01845
in the R-2 Zoning District.
A. Cuscia read the legal notice.
Downing is at the podium to discuss the proposal to construct a 35'x18' deck. They tore down the
existing 10'x12' unsafe deck. They would like to increase the entertaining space. They are proposing
to extend the deck to the side of the home. It will be ground level (10 inches off the ground). It abuts
the privacy fence so there is no issue to the neighbor's property. Cutting the deck off to avoid the
variance would make it a weird triangle shape.
Jeff Hart, 26 Easy Street
He wouldn't even know if he added a deck. Not visible from his property. He is in full support of the
deck.
The Board heard the concerns of the Applicant.
Allan Cuscia made a motion to grant the variance. Alexandria Jacobs seconded the motion. All in
favor. The vote was unanimous. D. Paul Koch, Ellen P. McIntyre, Allan Cuscia, Ronn R. Faigen,
and Alexandria Jacobs.
The following plans and exhibits were submitted with the Application or at the public hearing:
Plan of Land prepared by J & B Survey dated 6-20-2018
6. Miscellaneous
7. Adjournment, meeting adjourned at 10:32 pm
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