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HomeMy WebLinkAbout09.10.2013 Town of North Andover ZONING BOARD OF APPEALS t%ORTH Albert P.Manzi III, Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paul Ifoch Jr. Esq. —A.- Doug Ludgin i A Allan Cuscia 0 Too► Zoning Enforcement Officer S C140S GeraldA.Brown DRAFT MINUTES Tuesday, September 10th,2013 at 7:30 PM Town Hall 120 Main Street,North Andover,Massachusetts Members present: 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 Excused absence: Albert Manzi III Esq. Mcintyre stated that she will be the acting Chairperson at tonight's meeting, since Manzi has an excused absence. McIntyre called the meeting to order at 7:32 Pledge of Allegiance McIntyre wanted to remind everyone that tomorrow is September I Ith(9-11) and the flags will be at half mast. Acceptance of Minutes for August 13, 2013 Ludgin made the motion to approve the Minutes Cuscia second the motion. Those voting in favor to approve the minutes were Byers, Koch, Cuscia, Morganthal and Ludgin. 5-0 Liporto and McIntyre abstained from the vote to approve the minutes, since they did not attend the August 13th meeting. Committee Reports Merrimack Valley Planning Commission and Committee Housing Partnership Both committees were off this summer so Byers and McIntyre had nothing new to report Discussion and Review Zoning Board 2014 Meeting Schedule McIntyre stated the 2014 Meeting ZBA schedule could be adjusted accordingly, if needed Cuscia made the motion to accept this draft for the 2014 Meeting Schedule Morganthal second the motion. Those voting in favor to accept the 2014 Meeting Schedule were McIntyre, Byers,Koch, Cuscia, and Morganthal. 5-0 Page 1 of 4 September 10, 2013 Toi,m of North Andover ZONING BOARD OF APPEALS 1%0f?T#1 Albert P. Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman Michael P.Liporto Richard J Byers,Esq. Clerk Deney Morganthal D.Paul Koch Jr. Esq. DougLudgin Allan Cuscia 'Argo Zoning Enforcement Officer C14U Gerald A. Brown Continued Public Hearin Variance R-1 Owner, Ken Haphey and Applicant Stephen Dehullu, 0 Great Pond Road (Map 35, Lot 4) McIntyre stated that she and Liporto missed the last meeting regarding this hearing, but she and Liporto have read the minutes to that meeting and both have signed a form stating that they have read the evidence and now they can participate in this hearing. William Holt,the Designer for the project stated that the Petitioner, Stephen Dehullu is requesting to construct a new single family home. Holt presented the alternative plans to the Board. Holt went on to say that they have alternative plans, one is outside of the Non-Disturb Zone, and would be built on top of the hill with a winding driveway and would 'create more land disturbance then the other proposed plan Holt explained to the Board that the other plan would be to build in the Non-Disturb Zone, but it still would cause less land disturbance than the alternative plan he presented to the Board. Holt felt that this plan is the more practical proposal, but would require a Variance. Holt stated that this is the plan that they are looking at to be approved by the Zoning Board. Holt brought the board tip to speed on what took place at the last meeting and also spoke of what was requested of them at the last hearing. He spoke of the roof run off, landscape plan, soil test and Lisa Eggleston's report. The board talked of some of the reports and plans that were submitted. The Board was asking about Lisa Eggleston's response that was not submitted. Holt thought it was submitted, but it turned out that the response was not submitted to the Board of Appeals. McIntyre wanted to make sure what plan they were voting for. Holt pointed out the plan to the Board, stating it was the plan with the proposed home that would be built in the Non-Disturb Zone. McIntyre asked how much relief they would need if they went with that plan. Holt responded that the entire house would be in the Non-Disturb Zone Brown explained to the Board, since the Zoning Board did not have a meeting in July, the applicant went to the Planning Board first. -n 'rst. This is not typical, since they would normally come to the Zoning Board first. They are coming to us for just a Variance to build in the Non-Disturb Zone. They still need to go back in front of the Planning Board. They need approval first from the Zoning Board for a Variance, and the approval for a Special Permit will come from the Planning Board. Page 2 of 4 September 10, 2013 Town of North Andover ZONING BOARD OF APPEALS OORTiy Albert P.Manzi III, Esq. Chairman rtl�°°;�4 ' Associate Member Ellen P.lticltztyre, Vice-Chairman „ Michael P.Liporto J. Richard Byers,Esq. Clerk '! Dewey Morganthal D. Paull(och Jr Esq. "a _ _ °" Doug Ludgin Allan Cuscia Zs��o�^Tpm`�""K^�`' Zoning Enforcement Officer Gerald A. Brown Byers, Ludgin and Cuscia agreed with Brown. Byers stated he was ready last month to vote on this hearing. Byers felt that Plamling and Conservations will do their job, and those Boards will ask and request what they need, from the applicant. Byers stated a good example of that is the proposed bank at the Butcher Boy Plaza, and that is still on going with the Planning Board. McIntyre asked if anyone was here for or against the project,no one came forward. Byers made a motion to close the hearing Cuscia second the motion Those voting to close the hearing were McIntyre,Byers, Koch, Cuscia, and Ludgin. 5-0 Byers made a motion to GRANT a Variance to allow to construct a new single Family Home in a non- disturbance buffer zone of the Watershed Protection District in the R-1 Zoning District, from Section 4.136(Watershed Protection Division), 3 (Uses and Building Requirements), c. ii(3) (Non-Disturbance Buffer Zone), of the Zoning Bylaws. Byers referenced all the drawings, plans, pages, and maps that were in front of him, along with all associated dates Cuscia second the motion. Those in favor to Grant the Variance: McIntyre, Byers, Cuscia, and Ludgin. 4-0 Koch abstained from the vote McIntyre moved on to the New Public Hearing New Public Hearin Special Permit'R-4 Petitioner John J.Burke 0 Cotuit Street (Map47/Lot 148) (Petition 2013-013) Petitioner is requesting a Special Permit to construct a new two family dwelling in accordance with Sections 10.31, 4.122.14.A (b), and 4.122.14 D of the Zoning by laws in the R4 Zoning District. Benny Osgood Jr, architect and Atty. John Burke, applicant are both here tonight. Burke walked up to the podium and stated that they are seeking a Special Permit in the R-4 District to build a two family home. Burke presented a picture of the 2 family home he proposes to build on the lot and it is similar to the one that was built previously on property that they had owned. Burke presented the plan and stated the proposed 2 family will be identical to the one he is presenting tonight to the Board. Burke presented an aerial map of the surrounding neighborhood, and stated that the majority of homes in the area are 2-family homes. He pointed out the few single family homes on the map. Osgood stated that only a Special Permit is needed, since they meet all the setbacks that are required for the R-4 Zoning District. Page 3 of 4 September 10, 2013 Town of North Andover ZONING BOARD OFAPPEALS OORTtl Albert P.Manzi III,Esq. Chairman K"ID ,, . Associate Member 0 Ellen P.McIntyre, Vice-Chairman Michael A Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paul Koch Jr. Esq. Doug Ludgin Allan Cuseia Zoning Enforcement Officer S C US Gerald A. Bromi Osgood also stated that most of the lots are very similar in size. McIntyre asked if any of the Board members had any questions or if anyone was here for or against the project. Brown asked them of the retaining wall that Burke had built years ago, and that was shown on the plan. Burke pointed out the entire retaining wall along the property that was shown on the map. Mitesh Patel, of 31 Cotuit Street asked of the lot size and setbacks. McIntyre asked if he was in a 2-Family and Patel responded yes. Mariela P6nce-Lopez, of 29 Cotuit Street was also concerned with set backs and how the proposed house would be situated on the lot. Burke and Osgood spoke of the size of the lot and also how the proposed house would be located on the lot, along with the setbacks and then stated that the lot sizes are similar. Both abutters were told that they could also view these plans at Atty. Burke's Office or at the Office of the Board of Appeals on 1600 Osgood Street, Cuscia made a motion to close the hearing. Byers second the motion to close the hearing. All in favor to close this hearing: McIntyre, Byers, Koch, Cuscia, and Morganthal 5-0 Byers made a motion to GRANT a Special Permit to allow from Section 4.122.14.A (b), 4.122.14.D and 10.31 of the Zoning Bylaws to construct, a new, two family dwelling at 0 Cotuit Street(Map47/Lot 148) in the R-4 Zoning District. Byers referenced all the drawings, plans, pages and maps that were in front of him along with all associated dates Koch second the motion. Those in favor to Grant a Special Permit: McIntyre, Byers, Koch, Cuscia, and Morganthal 5-0 Miscellaneous Correspondence A letter from Tom Urbelis was submitted into the Board's packets, dated August 16x11, 2013. The letter was regarding plaintiffs appealing a case,regarding a wireless facility. Adjournment: 8:15 Byers made a motion to adjourn the meeting Koch second the motion All were in favor to adjourn the meeting McIntyre, Byers, Koch, Cuscia, Liporto, Morganthal and Ludgin. Page 4 of 4 September 10,2013