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HomeMy WebLinkAbout09.13.11 Town of orth Andover ZONING BOARD OF APPEALS %40RTH Albert A Manzi III,Esq. Chairman "'V.. + Associate Member Ellen P.McIntyre, Vice-Chairman 0 0 Michael P.Liporto Richard J Byers,Esq. Clerk Zoning Enforcement Officer Richard M. Vaillancourt Gerald A. Brown Daniel S. Braese,Esq. �"ACwUS DRAFT MINUTES Tuesday, Sept 13,2011 at 7:30 p.m. Town Hall, 120 Main Street,North Andover,Massachusetts Members present: Albert Manzi,Ellen McIntyre, Richard Byers, and Richard Vaillancourt Associate Member: Michael Liporto Also in attendance: Building Inspector, Gerald Brown Excused absence: Daniel S. Braese Manzi called the meeting to order at 7:35 a) Pledge of Allegiance APPROVAL OF MINUTES August 9, 2011 McIntyre made a motion to approve minutes. Byers second the motion. Those voting in favor to approve the minutes were Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Liporto. 5-0 COMMITTEE REPORTS Housing Partnership Report, McIntyre stated that she has no committee report to discuss, since they did not meet this month,but would have a report in October. Continued Public Hearing Guberson Mercedat, of 148-150 Waverley Road (Map 14,Parcel 49). Manzi reminded the Board that he was not at the last meeting but has reviewed the minutes and has signed the excused absence form allowing him to vote on the petition. McIntyre summarized what took place at the last meeting in August regarding this petition. Manzi stated to Mercedat that he understands that the Board requested a number of items from him at the last meeting, such as a new Plot Plan, easements, a letter from the Fire Chief(this letter was submitted at the last meeting), parking issues addressed, and the deed. McIntyre stated that all material that was requested was submitted. The Board reviewed the material in front of them. Manzi talked of the request he made back at the June meeting regarding stripping the lot for parking. Mercedat submitted an additional (4) four new pictures to the board, showing proof that the lot was now Page 1 of 7 Sept 13, 2011 T614,n of North Andover ZONING BOARD OF APPEALS NORTH Albert P. Manzi III,Esq. Chairman ak '("D 46 - Associate Member ** ­ " A . 7" 0 Ellen P.McIntyre, tyre, Vice-Chairman 0 Michael P.Liporto Zoning Enforcement Officer RichardJ Byers,Esq. Clerk Richard M. Vaillancourt Gera/dA. Brojvn Daniel S.Braese,Esq. ATIO stripped for parking as well as numbered. Manzi was pleased that Guberson submitted these pictures to the Board. Manzi asked the board if they had questions to Mercedat, or if any abutters were present for or against the proposed project. Vaillancourt stated that it seems Mercedat presented all the material that was requested of him. Brown stated that he was in favor of this petition, and especially now, because the building will be safer, since he is required to install sprinklers. Vaillancourt asked if Mercedat put the address numbers of the building in the front(as suggested) since it was difficult to see these numbers on the side. Mercedat responded that he had already added the numbers to the front of the building. Byers made a motion to close the hearing. Vaillancourt second the motion. All were in favor to close the public hearing, Albeit Manzi, Ellen McIntyre, Richard Byers,Richard Vaillancourt, and Michael P. Lipoito. 5-0 Vaillancourt made a motion to grant the Special Permits to add a 3`a family dwelling unit per.4.122.14.0 and 9.2 of the Zoning Bylaws. Vaillancourt referenced plans, drawings, the new plot plan, and the requested deed. Byers second the motion. Those voting in favor to approve the Special Permits were Albeit Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Lipoito. 5-0 Manzi stated that we will move on to the first new public hearing, 102 Peters Street. Manzi recused himself from this hearing. McIntyre was now the Acting Vice-Chairman. New Public Hearings Special Permit(1) and Variances (3) B-4 Zoning District, Dundee Properties, 102 Peters Street (Map 24,Parcel 21) McIntyre wanted to remind the applicant that they needed the majority of the four member board to have their petition approved. Atty. Scalise who was representing his client, Dundee Properties walked over to the podium and asked the Board if he could explain to his client, so that they understand, the four member Board, and how the voting procedure works. With that being said, Scalise walked over to his client to explain the voting procedure. Scalise quickly returned back to the podium and asked the Board if they could continue this hearing until the next meeting on October 11"',with the hopes of a 5 member Board. Page 2 of 7 Sept 13, 2011 Toivn of North Andover ZONING BOARD OF APPEALS I%ORTH Albert P.Manzi III,Esq. Chairman 0 Associate Member Ellen A McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J. Byers,Esq. Clerk Zoning Enforcement Officer Richard M. Vaillancourt Gerald A.Brown Daniel S.Braese,Esq. A U (No evidence regarding this petition was presented at this meeting) Vaillancourt made a motion to continue the hearing until the October 11th meeting at the Senior Center. Byers second the motion. Those voting in favor to continue this hearing were: Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Lipoito. 4-0 Manzi walked back into the room, returning as the Chairman for the next petition. Special Permit(1) and Variance (1) R-2 Zoning District Gregg P. Quimby and Maria Gildea 273 Berry Street (Map 108C, Parcel 49) Philip Christiansen, representing the applicant walked over to the podium, Christiansen explained to the Board that the applicant wants to raze the existing building and to construct a new single family home. Christiansen stated the difficulty with this lot is the wetlands, he also talked of the Bylaws in North Andover and that you cannot build within 50' feet of the wetlands and 75' feet of the vernal pool. He also talked of the series of flags that defined the wetlands on the property. Christiansen stated they are proposing this petition before they go to Conservation. The variance they are requesting is for front yard setbacks, the required is 30 feet and the proposed is 15.7 feet. If the Board approves this they will be in compliance with Conservation. Manzi asked if it is on sewerage or septic, Christiansen responded back and said that the existing is septic and the proposed is sewerage. The Board talked of setbacks in regards to Conservation as well as the wetlands and the vernal pool. Manzi stated is it fair to say that this home predates the bylaws. Christiansen stated that it does. Vaillancourt stated that he drove by the property today and stated that he understands why they are here requesting a change to the existing structure. Manzi asked if any abutters were present at the meeting. No one came forward. Manzi stated that he understood why they are in front of the Board today, because of the soil, shape and topography of this lot. But Manzi was concerned with the feedback from Conservation before he voted to approve this petition today. His biggest concern was with the applicant. Manzi said the applicant's hardship is apparent. Some of the Board members were inclined to move forward on this petition. Manzi requested that the owner of the property, for 273 Berry Street, Gregg Quimby sign his e-mail for the file that will authorize Christiansen to act as his agent. Page 3 of 7 Sept 13, 2011 Town of North Andover ZONING BOARD OF APPEALS %AORTH Albert A Manzi III,Esq. Chairman Associate Member Ellen A McIntyre, Vice-Chairman 0 Michael A Liporto Richard J.Byers,Esq. Clerk Zoning Enforcement Officer Richard M. Vaillancourt Gerald A.Brown Daniel S. Braese,Esq. CHU The board asked of the existing septic system, Christiansen explained to the board what happens to the old septic system. Byers made a motion to close the public hearing. Vaillancourt second the motion. Those voting in favor to close this hearing were: Albeit Manzi,Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Liporto. 5-0. Byers made a motion to grant the Special Permit from Section 9.1 and 9.2 of the Bylaws and grant the Variance according with Sections 7.3 and front yard setbacks from Table 2 of the Bylaws and referencing plans by Christiansen and Sergi. Byers also added that it would be conditioned on Conservation and sewerage tie in. Vaillancourt second the motion. Those voting in favor to approve the Variance and Special Permit were: Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Liporto. Not in favor,Albeit Manzi. 4-1. Manzi stated next on the agenda is 336 Chestnut Street. Variance(1) R-3 Zoning District Joseph and Martha Caporale 336 Chestnut Street (Map 98C, Parcel 106). Atty. Peter Caruso walked over to the podium and he stated that he is representing Joseph and Martha Caporale. They want to build a master bedroom and bathroom on the first floor. Caruso stated that Joseph Caporale is here tonight. The variance is for a side set back and it is only the point of the rectangle that does not meet the side setback. Caruso wanted to mention to the Board that Joseph and Martha Caporale talked to the neighbors of the proposed addition,months ahead of time. The neighbors, at the time, seemed to be on board with the addition Caruso submitted a letter of support to the Board from an abutter, Steven Sigel, of 352 Chestnut Street (dated Sept 11, 2011). The letter addressed the proposed addition and how it will enhance the curb appeal in the neighborhood, as well as increase the property value on that stretch of the street. Caruso went over all the proposed plans with the Board, stating that this addition was designed so that it blends in nicely with the existing home and neighborhood. Manzi asked if this was a cape style home, Caruso stated that it was. Page 4 of 7 Sept 13, 2011 Town of North Andover ZONING BOARD OFAPPEALS NORT#1 Albert P.Manzi III,Esq. Chairman o�R�4¢p ��;�tic, Associate Member Ellen P.McIntyre, Vice-Chairman a Michael P. Liporto Richard J. Byers,Esq. Clerk * * Zoning Enforcement Officer Richard M. Vaillancourt ,.° * Gerald A. Brown Daniel S. Braese,Esq. �x�S°�nreot45 SgCHUS Caruso explained to the Board why Caporale wanted the master bedroom and bathroom to be on the first floor, since the Caporale's felt as they were getting older,they would like those rooms to be located on the first floor. Brown talked of the easement at the font of their home that went to the cell tower. Brown also mentioned to the Board that it is such a small section that needs the variance. Brown stated that he is in support of this petition, since it is such a very small section, and also that this design works the best for this style home and looks very nice in this neighborhood. Caruso stated that just recently, one of the abutters, Kevin Galizio of 326 Chestnut Street had changed his mind and was no longer in support of this proposed project. He is a direct abutter of this new proposed addition. With that being said, Galizio walked over to the podium and submitted a letter to the Board. The letter stated that he and his wife want the Board to adhere to the Bylaws and setbacks of the Town. Galizio and his wife felt that it would bring the value of their property down if this proposed addition gets approved. Galizio stated the bylaws and zoning setbacks were one of the reasons why he and his wife decided to buy a home in North Andover. Manzi asked Galizio how long had he lived at this property. Galizio answered about 5 years. Manzi asked if this property was blocking his view. Galizio stated that it was not, but stated again,that it would bring his property value down if approved. John Tobin, of 335 Chestnut Street walked over to the podium and stated that he was in support of this proposed project along with his wife,Evelyn. As much as they can determine they are happy with the ecstatic of the proposed home, and that they were assured that no water problems will occur with this addition. Caruso said that their intent was to add shrubs,trees or some sort of screening and that may help out Mr. Galizio's issues and concerns. Caruso suggested that this could be a condition. Caruso reiterated that this project will only enhance the neighborhood. Galizio spoke up and stated that adding shrubs was not the issue and would not satisfy the problem. Manzi asked him if it was a privacy issue, Galizio said yes that was also a problem as well. Manzi stated that he wants to take a drive by the property to have a better understanding of the project. Liporto asked about moving the proposed addition, but Caruso stated that it would not flow correctly with the design of the home. This proposed design fits with the style of the home and also where the house is situated on the lot. Page 5 of 7 Sept 13, 2011 Town of North Andover ZONING BOARD OF APPEALS tkORTH Albert P.Manzi III,Esq. Chairman Associate Member A. 0 Ellen P.McIntyre, Vice-Chairman J0 Michael P. Liporto Richard J Byers,Esq. Clerk Zoning Enforcement Officer 40 Richard M. Vaillancourt Gerald A. Brown Daniel S.Braese,Esq. S SAC US Byers stated in the past that variances have been approved based on the fact it is a nicer looking project, than not having to go for a variance, simply because it was a much better design for the neighborhood. Manzi stated he understands the merits of the petition and also the concerns of Galizio. Manzi stated again that he plans on going on a site visit. Manzi also asked Caporale if he could put a stake or two in the ground to show the proposed addition. He also asked if pictures can be taken for the next meeting. Manzi did say this is not an uncommon design for this style home. Caruso stated that they will submit a landscaping plan. Mcintyre made a motion to continue this hearing till October I It" at the Senior Center Byers second the motion to continue. Those voting in favor to continue this hearing: Albeit Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Liporto. 5-0. Manzi requested a 5 minute recess. Manzi moved unto the next petition at 9:15 pm. Special Permit(1) and Variance(1) R-1 Zoning District,Ismail Erhan 350 Great Pond Road (Map37A, Parcel 5) Mr. Christiansen is also representing Ismail Erhan, of 350 Great Pond Road along with the architect for this project, William Balk-us. Christiansen walked over to the podium and spoke that the intent of this project is to raze the existing home and to construct a new single family home. Christiansen talked of the existing home on this property and the proposed single home that was submitted to the Board. Christiansen talked of the watershed in the area, and the increase to the new construction and the garage on this property, and the calculations used for increase of the new proposed construction. Christiansen talked of the 2 by 4 construction and the low ceilings in the existing home and that it does not suit the owner's needs. That is why they want to take down the existing home and to construct a new style home on the lot. Christiansen has already been to the Planning Board, but put that on hold until the Board of Appeals acts on this petition. Manzi stated that it is a substantially different home that is proposed, than the existing home. Manzi asked if any abutters were present. No one spoke up. Page 6 of 7 Sept 13, 2011 Town of North Andover ZONING BOARD OF APPEALS OORTFt Albert P. Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto Richard J. Byers,Esq. Clerk y Zoning Enforcement Officer Richard M. Vaillancourt Gerald A. Brown Daniel S. Braese,Esq. Ar SACHU McIntyre and Byers both agreed that the proposed plans of the home were a very nice design. Manzi was not sure of the impact of the watershed and would like to see the report from Lisa Eggleston. Manzi would like to schedule a site view along with Christiansen and Balkus where Board members could walk the property to understand this project better. Mcintyre made a motion to continue this hearing till October 11t" at the Senior Center. Byers second the motion to continue. Those voting in favor to continue this hearing: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt and Michael P. Liporto. 5-0. Manzi asked Christiansen if a letter of authority from Ismail Erhan, of 350 Great Pond Road was on file. Miscellaneous Correspondence Manzi talked of the correspondence that was in the package from MassHousing. Byers made a motion to Adjourn at 9:35 McIntyre, second the motion Those in favor to adjourn, Albeit Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancouit,, and Michael P. Liporto. 5-0 Page 7 of 7 Sept 13, 2011