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HomeMy WebLinkAbout11.13.12 Town of North Andover ZONING BOARD OF APPEALS NORTN Albert A Manzi III,Esq. Chairman 20x6 °° 6ti o Associate Member Ellen A McIntyre, Vice-Chairman o m Michael P. Liporto Richard J Byers,Esq. Clerk * Deney Morganthal D. Paul Koch Jr. Esq. �1 Doug Ludgin Allan Cuscia Zoning Enforcement Officer SSACHU`�E Gerald A.Brown DRAFT MINUTES Tuesday,November 13th,2012 at 7:30 PM Town Hall 120 Main Street, North Andover,Massachusetts Members present: Albert Manzi III,Esq.,Ellen McIntyre, Richard Byers,D. Paul Koch Jr., Esq. and Allan Cuscia Associate Member: Michael Liporto,Deney Morganthal and Doug Ludgin Also in attendance: Zoning Enforcement Officer: Gerald Brown Manzi called the meeting to order at 7:36 Pledge of Allegiance Manzi stated that all the regular members are here and we have two new associate members, Deney Morganthal and Doug Ludgin and one new regular member,Allan Cuscia. Manzi thanked the three new board members for volunteering their service and deciding to join the Zoning Board of Appeals. Acceptance of Minutes for September 11,2012 and September 27th,2012 McIntyre made the motion to approve the September 11, 2012 and September 27, 2012 Minutes Byers Second the motion. Those voting in favor to approve the minutes were McIntyre, Byers, Koch and Liporto. 4-0 Manzi wanted it be known for the record he could not vote on these minutes since he was not in attendance at these two meetings. Committee Report Housing Partnership Report McIntyre stated that she has nothing to report on the Housing Partnership and she will not be meeting with this committee until January 2013. Manzi suggested we take this item off the agenda until January. Manzi asked Byers to talk a bit about the Merrimack Planning Commission(MVPQ since Byers has been a member of the MVPC for many years. Byers stated that the MVPC does offer seminars and they are especially helpful to new members that have joined boards in cities or towns in the Merrimack Valley. Manzi stated that he will go out of order from the agenda. Page 1 of 6 November 13, 2012 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman of N� y �T �ti Associate Member 6 ♦ � Ellen P.McIntyre,Vice-Chairman o� 4° a 0� Michael P. Liporto Richard J Byers,Esq. Clerk * : Deney Morganthal D.Paul Iroch Jr. Esq. _ ,,•°�* Doug Ludgin Allan Cuscia �'9 °""*■°•�" <5 Zoning Enforcement Officer SsAGHUS� Gerald A.Brown Miscellaneous Correspondence Manzi briefly went over the letters submitted into the board's November packets. Manzi talked of the letters sent from the Town Manager,Andrew Maylor. These letters were in regards to appointing the 3 new members to the Board(dated October 16,2012 and November 6,2012). The Open Meeting Law letter, dated October 2, 2012 was sent from our Town Council, Tom Urbelis. Manzi suggested that the new members should read this letter and also get familiar with these Open Meeting laws. Manzi stated that he has talked to Town Council in regards to 4013's since we have a 40B pending. Manzi mentioned that they have not filed as of yet. Manzi informed the board that Town Council will most likely speak to the board on the 4013's and of any changes that have taken place. Byers thought it might be a good idea for Town Counsel to also talk to the neighborhood on the 40B project once they have filed. Manzi referenced the letter from CHAPA, dated October 3,2012 and also another correspondence to the Planning Board for a Decision withheld. This letter was also from Tom Urbelis dated October 16th, 2012. New Public Hearin Special Permit R-4,V. Scott Follansbee, 0 Martin Avenue (Map 45G Lot 36) Byers read the Legal Ad for 0 Martin Avenue. A signed form from the applicant's attorney, John Burke requested to continue this Public Hearing until January 8, 2013. Byers made a motion to Grant the continuance on this hearing until January 8,2013 Koch second the motion for the continuance All in favor to continue this hearing until January 8,2013: Manzi,McIntyre,Byers,Koch and Cuscia. 5-0 Manzi moved onto the next new public Hearing Variance R-1,Joseph La Grasse, 40 Sugar Cane Lane (Map 105.C. Parcel 0014' applicant, Joseph LaGrasse walked up to the podium and stated that he along with his wife, Lila are here tonight to request a Variance, to erect a shed. LaGrasse talked of how they have 8 acres of land and most of his land is unusable, because he will violate conservation. LaGrasse stated that he is requesting a Variance. LaGrasse is requesting a 10 foot setback. LaGrasse showed the Board pictures of the land on his property and reiterated how a very significant part of his land is unusable. LaGrasse showed the board the plans and where he proposes to put the shed. LaGrasse talked of the boulders on his property line. Page 2 of 6 November 13, 2012 Town of North Andover ZONING BOARD OF APPEALS NORTH Albert A Manzi III,Esq. Chairman oFt"a. a. Associate Member O Ellen A McIntyre,Vice-Chairman o? a°� - �* Michael A Liporto Richard J.Byers,Esq. Clerk * : Deney Morganthal D. Paul Koch Jr. Esq. o . ;=°* Doug Ludgin Allan Cuscia ��5 Zoning Enforcement Officer Ss"C USe Gerald A. Brown The shed will be placed on the left side of the driveway in front of the lawn chairs as shown in one of the photos submitted to the board. Manzi asked why he needs to relocate the shed. LaGrasse said because where the shed is now it is in the wetlands. LaGrasse stated no matter where he puts this shed he would need a variance because of the wetlands that surround him. Manzi stated that he can see LaGrasse's hardship. Manzi asked if anyone here is for or against this shed. Tara Kelly, of 64 Sugarcane Lane walked up to the podium and stated that she is in favor of the shed. She lives 2 doors down from the LaGrasse family. Kelly stated it is a very beautiful shed and stated it is nice enough to live in. Manzi reiterated to the board what LaGrasse stated in his presentation that LaGrasse will still need to go to Conservation. McIntyre asked LaGrasse why he needed to still go to Conservation. LaGrasse explained to the rest of the board the reasons why and also of the surrounding wetlands. Manzi asked if the board had any questions. Byers made a motion to close the hearing. McIntyre second the motion to close the hearing All in favor to close this hearing: Manzi, McIntyre,Byers,Koch and Cuscia. 5-0 Byers made a motion to Grant the Variance to erect a shed of 10x12;A variance is required for side setbacks (20 foot Variance) in an R-1 Zoning District. Byers referenced all the plans and maps in front of him. McIntyre second the motion All in favor to Grant the Variance: Manzi, McIntyre, Byers, Koch and Cuscia. 5-0 Continued Public Hearin Variance GB-Zoning District,William Yameen,Angus Realty Corp, 1077 Osgood Street (Map 35, Parcel 27) Page 3 of 6 November 13, 2012 Town of NorthAndover ZONING BOARD OF APPEALS t%ORTy Albert P.Manzi III,Esq. Chairman Boa<��eO eti o Associate Member Ellen P.McIntyre,Vice-Chairman o Michael P.Liporto Richard J. Byers,Esq. Clerk * : * Deney Morganthal D. Paul Koch Jr. Esq. _ ,,•^�* Doug Ludgin Allan Cuscia �'q °R^TiO�'F��5 Zoning Enforcement Officer SSAC►+us Gerald A.Brown Manzi moved onto the Continued Public Hearing. Manzi stated that no evidence on this petition has been presented at any of the meetings as of yet, so he as well as the new member, Cuscia can participate on this Continued Hearing as a voting member. Attorney Matt Caffrey representing the client of Angus Realty Corp at 1077 Osgood Street, walked up to the podium. Caffrey presented to the board what was being proposed, his client would like to construct a bank. The bank in question is the Pentucket Bank. A Variance is required to do so, because they are in the watershed. McIntyre asked if we will be going off the original booklet submitted in August, or has a new booklet been submitted. Atty. Matt Caffrey answered the original booklet that was dated July 18, 2012. Koch was concerned if the original plans had been modified and if the Board had the changes. Manzi read the communication aloud that was received November 8, 2012, regarding the withdrawal of opposition from Frank Ragonese of 1939 Great Pond Road,North Andover. This letter was sent from Attorney Richard A. Nylen Jr.,the attorney representing Ragonese. Manzi wanted the Atty. Caffrey to go through his presentation before the Board asks any questions regarding any changes that are different from the original plan. Caffrey talked of, and introduced all the people that have worked on and are present here tonight in regards to this project. Caffrey talked in details of the surrounding area and of the proposed bank at the Butcher Boy Plaza. Caffrey talked of where they plan on locating the bank. He stated it will be to the right when you enter the Butcher Boy Plaza. Caffrey stated a variance from the Watershed Protection District in the 250 non-disturbance zone is needed. The building proposed is 3,670 square feet and is a retail bank with a drive-thru. Caffrey instructed the board to look at the diagrams and schematics that were in their booklets. He reviewed and discussed them with the board. As stated prior Caffrey mentioned the proposed building is in the watershed district. He stated the building is the furthest away from the lake that they could possibly get it. Caffrey stated that there is nothing dangerous as far as discharge into the lake. Caffrey stated that the hardship is the irregular shape of the lot. Caffrey also stated that they will need to go in front of Conservation and Planning as well. Page 4 of 6 November 13,2012 Town of North Andover ZONING BOARD OFAPPEALS NORTH Albert P.Manzi III,Esq. Chairman ..��`°° �6`a~moo Associate Member Ellen P.McIntyre,Vice-Chairman o Michael A Liporto Richard J. Byers, Esq. Clerk * ; Deney Morganthal D. Paul Koch Jr.Esq. Doug Ludgin Allan Cuscia Zoning Enforcement Officer SA`"os� Gerald A. Brown Manzi wanted to know the differences of the plan now. Caffrey stated that the only difference is the 32 feet of stockade fence. Manzi asked if this change has been submitted to the Board. Caffrey stated that he will submit the new changes/modifications to the Board, but has not as of yet. McIntyre stated that typically she always likes to see any new changes or modifications for any project, in advance of the meetings. Manzi asked if they are currently before the Conservation or Planning Boards. Caffrey stated no. His first stop was to the Board of Appeals. Manzi felt it would make sense to have them go concurrently. Manzi asked how far away from the Stormwater District. Caffrey stated that they are entirely in the Stormwater District. Manzi stated he wanted it to be quantified on the distance. McIntyre thought being entirely in the Stormwater District it would make this proposed project 100% in the water shed. McIntyre wanted to see the very original application for the Butcher Boy Plaza. McIntyre was questioning if their have ever been any restrictions on that part of the property. McIntyre also stated that the existing plaza is exactly 250 feet away from the stormwater. Richard Barthelmes, engineer for the project stated they met with the Technical Review Committee (TRC) and that Lisa Eggleston, Stormwater Scientist would do the Stormwater Report. Manzi stated he wanted the board to get that report and anything else having to do with stormwater regarding this proposed project. McIntyre questioned the existing basin of the area in question. Barthelmes stated it would be filled in. McIntyre stated that is why it is so important that we get the stormwater report, since they are changing the land significantly. Byers reviewed the Bylaws, and had concerns and questions with what the board needed from the applicant. Cuscia thought McIntyre had a good idea when she requested to see the original application for the Butcher Boy Plaza. Liporto wanted to see a plan showing the exact location of the proposed bank on the plan. Ludgin wondered if the bank would look better sitting further back on the property, since it is already in the Stormwater District. Page 5 of 6 November 13, 2012 Town of North Andover ZONING BOARD OFAPPEALS NORTH Albert A Manzi III,Esq. Chairman ea°o Associate Member Ellen P.McIntyre,Vice-Chairman o 0 Michael P. Liporto 00 Richard J Byers, Esq. Clerk * : Deney Morgantlaal D. Paul Koch Jr. Esq. _ y,.° Doug Ludgin Allan Cuscia Zoning Enforcement Officer SiCHUs Gerald A. Brown Caffrey mentioned that a traffic study would be done,to ensure it would be safe. The Board requested from the applicant the following: -Original application(the history), including any Variances received, existing plans. - Stormwater report including runoff calculations. -New plans that would include height, elevation, dimensions -Also a new Mylar including all the modifications and changes. Brown wanted to remind the board that the applicant is here for a Variance in the watershed. Brown also thought that the dimensions seemed clear on the plans. Manzi asked if any abutters were here for or against the project. Manzi asked Caffrey how he felt about continuing the hearing till December. Caffrey was in agreement to the continuation and signing the form to continue this hearing till December 11. Byers made a motion to continue the hearing until December 11, 2012. McIntyre second the motion to continue the hearing All in favor to continue this hearing: Manzi,McIntyre, Byers,Koch and Cuscia. 5-0 With that being said Caffrey signed the continuation waive form to continue this hearing for December 11, 2012 and returned the signed copy over to the Zoning Assistant. Byers made a motion to adjourn McIntyre Second the motion to adjourn Those voting in favor to adjourn were Manzi, McIntyre, Byers, Koch, and Cuscia. All were in favor, 5-0. Adiournment: 8:45 Page 6 of 6 November 13, 2012