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HomeMy WebLinkAbout11.08.11 Town of North Andover ZONING BOARD OF APPEALS P/1P t%ORTH Albert P. Manzi III,Esq. Chairman Associate Member 0 Ellen A McIntyre, Vice-Chairman MichaelP. Liporto RichardJ Byers,Esq. Clerk D.Paul Koch Jr. 00- Richard M. Vaillancourt Zoning Enforcement Officer Gerald A. Brown Ss U DRAFT MINUTES Tuesday, November 8, 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 and D. Paul Koch Jr. Also in attendance: Building Inspector, Gerald Brown Manzi called the meeting to order at 7:30 a) Pledge of Allegiance Manzi welcomed the new Associate member to the Board,Paul Koch. Manzi went on to say that he was sworn in by the Town Clerk, Joyce Bradshaw. Manzi stated that with regret, he also wants to accept the resignation of Daniel Braese who served the Board well over the years. Manzi wished him well. APPROVAL OF MINUTES October 11, 2011 Vaillancourt made a motion to approve minutes. McIntyre second the motion. Those voting in favor to approve the minutes were Albeit Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Liporto. All were in favor 5-0 COMMITTEE REPORTS Housing Partnership Report,McIntyre stated that the committee will not meet until January, so she will not have a report until then. Manzi moved down to Miscellaneous Correspondences and discussed briefly the correspondences that were submitted in the Board's packages. Manzi also talked of the correspondence regarding Stevens Corner (75 Park Street) and also asked Jerry Brown of the status. Brown talked of some of the moisture issues that took place at this complex during the recent snow storm, but these issues are being dealt with now. Brown also stated that there is a need for this type of housing. Brown also mentioned that they have been meeting all the conditions. Page 1 of 6 November 8, 2011 Town of North Andover ZONING BOARD OF APPEALS t%ORT#1 Albert P. Manzi III,Esq. Chairman Associate Member ".to Ellen P.McIntyre, Vice-Chairman Michael P.Liporto Richard J Byers,Esq. Clerk D. Paul Koch Jr. Richard M. Vaillancourt Zoning Enforcement Officer 0 Art. Gerald A. Brown S CHU Manzi moved into the continued Public Hearing and skipped over to 4b on the Agenda Continued Public Hearing Special Permit(1) and Variance (1) R-1 Zoning District, Ismail Erhan 350 Great Pond Road (Map37A, Parcel 5) Philip Christensen walked over to the podium and introduced himself, stating that he was representing his client, Ismail Erhan. William Balkus,the Architect was also present at the meeting. Christensen said that they are here on two issues; one is for the construction of a house is a non- disturbance zone in the Watershed District, and the other is the construction of a house on a non- conforming lot. Christensen stated that there is an existing house on this lot, but with the expansion of the house it was more convenient to tear down the house. Christensen stated that they are 2,000 square feet short of having the required area. Christensen explained to the Board of the plans that were presented such as the existing structure and proposed structure. Mcintyre stated that at the last meeting she questioned the square footage of the house and felt that their seemed to be some confusion with coming up with that answer. Balkus spoke up stating that it was about 6,000 square feet. Byers asked if they are keeping some of the foundation. Christensen answered that they would rather not. Manzi talked of the lot size with Christensen. Christensen reiterated to Manzi that they were 2,000 square feet, short of conforming. Christensen stated that they do need lot size relief. The Board as well as Brown talked in detail on saving a piece of the foundation, or if it was torn down they would need to apply for another(new) variance. Manzi asked who filed the petition, Balkus stated that he did. Manzi discussed the size of the house, along with the size of the garage. McIntyre asked if the size included the staircase and garage. Ballcus stated that he did not have those exact numbers. Page 2 of 6 November 8, 2011 Town of North Andover ZONING BOARD OF APPEALS %AORTH Albert A Manzi III,Esq. Chairman -jug.D 16 Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto -dJ Richay Byers,Esq. Clerk D. Paul Koch Jr. Richard M. Vaillancourt Zoning Enforcement Officer Gerald A. Brown S CWUSPc Manzi felt that more calculations should have been presented to the Board as far as the size of the entire house including staircases and garage. The Board and Christensen talked in length of the square footage,living area, and footprint of the proposed house and garage. Brown talked of the ratio and size of the house and stated to the Board that FAR(Floor Area Ratio) is not required in North Andover. McIntyre asked of the size of the exiting home, Christensen responded that it was about 2,400 to 2,500 square feet. Manzi asked if any abutters were here for or against the petition. No one spoke up. Manzi then asked if the Board had any further questions or comments. Manzi stated that he could not recall if the applicant was at the last meeting. Christensen stated that he was not, but he was at the site visit. Manzi asked if they wanted to add anything. Balkus walked over to the podium to add a few comments. Balkus stated that this existing home can barely be seen by the street or the lake (depending on the season),because of all the trees that surround it. The proposed home will go where the existing house is now. Balkus stated that the Planning Board was very happy with the way the runoff would work, since it will be better taken care of with the proposed home than what exist now. He also stated that in the end the owner would be paying more taxes, and that is a plus for North Andover, and also that it is a very nice looking home. Byers made a motion to close the public hearing. Vaillancourt second the motion. Those in favor to close the public hearing;Vaillancourt,Byers, McIntyre, Manzi, and Liporto. 5-0 Byers made a motion to Grant the Special permit from Section 9 and 9.2 for alterations and extensions for property located at 350 Great Pond Road and referenced all the maps and plans as well as all the architectural plans that were in front of him. Vaillancourt second the motion. Vaillancourt, Byers and Liporto were in favor of the Special Permit. McIntyre and Manzi were not in favor to Grant the Special Permit. 3-2 Special Permit was denied. Page 3 of 6 November 8, 2011 Town of North Andover ZONING BOARD OF APPEALS tkoRTH Albert P. Manzi 111,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman Michael P.Liporto Richard J Byers,Esq. Clerk D. Panl Koch Jr. Richard M. Vaillancourt Zoning Enforcement Officer S S Are.U Gerald A. Brown Byers made a motion to Grant the Variance from Sections 4.136 and 4.136c ii (3) from the Watershed Protection Division at property located at 350 Great Pond Road and referenced all the maps and plans as well as all the architectural plans that were in front of him. Vaillancourt second the motion. Vaillancourt,Byers and Liporto were in favor of the Variance. McIntyre and Manzi were not in favor to Grant the Variance. Manzi stated based on what was submitted, and in front of him at this time he was inclined to vote against it. Manzi suggested that they modify the plan and resubmit. Variance was denied Manzi stated that we will move on to the next two petitions. Manzi recused himself from these two petitions. McIntyre was now the Acting Vice-Chairman. Manzi passed the gavel over to Mcintyre. Special Permit(1) and Variances (3)B-4 Zoning District, Dundee Properties LLC, 102 Peters Street(Map 24,Parcel 21) McIntyre stated that this is just a four member board, and she asked the applicants if they wanted to go forward. The applicants agreed to go forward. With that Vaillancourt read the Amended Legal Notice. Atty. Dom Scalise walked over to the podium stating that he is representing his client,Dundee Properties LLC. Scalise briefly reiterated some of what was discussed at the meeting in October regarding the existing structure, and what was proposed. Scalise stated the Special Permit was already voted on,but based on the original Legal Ad,the Variance notice had to be amended, resubmitted, and mailed out to abutters, and advertised back into the newspaper. McIntyre asked if anyone was here for or against this petition. McIntyre asked the Board if anyone had any further comments or questions. Vaillancourt made a motion to close the public hearing. Byers second the motion to close the hearing. All were in favor Vaillancourt, Byers,McIntyre and Liporto 4-0 Vaillancourt made a motion to grant the Variance for 102 Peters Street from 7.1, Lot Area; 7.1.1, Continguous Buildable Lot Area; 7.2-Street Frontage; 7.3 Yard (setbacks), 9.1 Non Conforming Uses Page 4 of 6 November 8, 2011 Town of North Andover ZONING BOARD OFAPPEALS NoRT1i Albert P.Manzi III,Esq. Chairman Associate Member � Ellen P.McIntyre,yre, Vice-Chairman o z Michael A Li onto� h Richard J. Byers,Esq. Clerk * D. Paul Koch Jr. Richard M. Vaillancoart ' " p Zoning Enforcement Officer Gerald A. Brown � sACHUSfc� and Table 2 of the Zoning Bylaws.Vaillancourt referenced all the plans and maps in front of him, including architectural and landscaping plans and all the dates associated with these plans and documents. Byers second the motion. All were in favor to grant the Variance;Vaillancourt, Byers, McIntyre and Lipoi-to. 4-0 McIntyre moved onto the next petition. New Public Hearing Special Permit and Variance,R-4 Zoning District,Doug Ahern (Jeffco INC.),26 Dartmouth Street (Map 23,Parcel 55) Scalise walked over to the podium stating that he is representing his client, Doug Ahern (Jeffco. INC). Stating that the Special Permit requested is to convert a single family into a 2 family, and the Variance is to increase the size and make it larger than the required percentage. However Scalise stated that his client is making some changes to the original house, and since the original plans are changing, the numbers will not reflect accurately. Byers asked if they started the expansion on the existing home. Scalise stated yes,that he got a building permit from the Building Department. Vaillancourt stated to the Board that he drove by and looked at the property and questioned a neighbor who lived in the area. The Neighbor said that knew nothing of the petition. The Board members looked up the Parcel and Map of this home and found that he was not an owner so that is why he was never notified,the owners of this property live in Amesbury, according to the assessors list. Mcintyre asked if anyone was interested in speaking for or against this petition. With that being said Bryan Long, of 134 Cotuit Street walked over to the podium. - Long stated that he had no problem with the 2-family, but did have concerns and issues with the water runoff. Long stated that over the years they have had floods in their basement. They had concerns since the property slopes back into their property. Ahern stated that he does need to go to Conservation regarding this proposal, and also needs to get a biologist out on the property. Page 5 of 6 November 8, 2011 Town of North Andover ZONING BOARD OF APPEALS t%ORT#1 Albert P.Manzi 111,Esq. Chairman 0 Associate Member Ellett P.McIntyre, Vice-Chairman Michael P.Liporto Richard J. Byers,Esq. Clerk D.Paul Koch Jr. Richard M. Vaillancourt ....U^X— fiZoning Enforcement Ofcer AT­0 Gerald A. Brown U Long asked why a"For Sale" sign was on the property. Ahern stated that he does plan on selling the house, but they are letting any perspective buyers know that it has the possibilities of becoming a 2- family. Brown stated that Ahern needs to do a filing with Conservation. Ahern agreed with what Brown stated and that this could possibly change his proposed plans. Scalise suggested that maybe they talk to the engineer, Mr. Stapinski regarding the runoffs. Mcintyre stated that it looks like we are going to close this public hearing. But we will need to have Conservation involved, address water issues, Revise Plans, and talk to an engineer regarding the water runoff and how to control it, as well as a photo of what the house may look like since Ahern has done this style house in the past. Vaillancourt made a motion to continue the hearing till December 13th'2011. Byers second the motion Those in favor to continue this hearing: McIntyre, Byers, Vaillancourt, Liporto and Koch. 5-0 Adjournment: 8:50 Vaillancourt made a motion to adjourn Byers, second the motion. Those in favor to adjourn the meeting: McIntyre, Byers, Vaillancourt, Liporto and Koch 5-0 Page 6 of 6 November 8, 2011