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Home My WebLink About04.08.2014 Town of North Andover ZONING BOARD OFAPPEALS OORTH Albert A Manzi III,Esq. Chairman Associate Member 0 Ellen A McIntyre, Vice-Chairman Michael P.Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paull(och Jr.Esq. » 40 Doug Ludgin 01 Allan Cuscia .0 0#1 1 Zing Enforcement Officer C Ub Zoning Enforcement Brown DRAFT MINUTES Tuesday,April 8,2014 at 7:30 PM Senior Center 1208 Main Street,North Andover,Massachusetts Members present: Albert Manzi 1H Esq.,D.Paul Koch Jr and Allan Cuscia Associate Member: Michael Liporto,Doug Ludgin and Deney Morganthal Excused absence: Ellen McIntyre,and Richard Byers Pledge of Allegiance Manzi called the regular meeting to order at 7:33 Acceptance of Minutes March 11,2014 Cuscia made the motion to approve the Minutes Koch second the motion. Those voting in favor to approve the minutes were Koch, Cuscia,Morganthal and Ludgin. 4-0 Manzi stated that since Byers and McIntyre are not at tonight's meeting, and if they have anything to add or correct on the March 11"'Minutes they can have that opportunity at the next meeting. Committee Reports Merrimack Valley Planning Commission and Committee Housing Partnership Manzi stated that we will skip this since Byers and McIntyre are not at tonight's meeting to give their reports. Discussion Orchard Village Street Acceptance Atty.Donald Borenstein who represents Bob Messina,the principle for the Orchard Village project walked up to the podium and stated that we are here tonight to ask for street acceptance at Empire Drive(Orchard Village)as a public Way,for which the ZBA is authorized to act instead of the Planning Board pursuant of the Comprehensive Permit. Borenstein spoke to the Board Members (especially some of the new members)and gave them a brief history on the Orchard Village property. Borenstein stated that Orchard Village is off of Turnpike Street. There are 32 single family homes and 8 of these homes are affordable homes under the Comprehensive Permit. Borenstein stated that the project has been complete for several months now. Borenstein also mentioned the water pump station has been accepted. Borenstein is requesting to the Board that they recommend to the Selectmen street acceptance on this project, before it goes to Town Meeting. Borenstein stated they built the road according to Town specifications. Page 1 of 6 April 8,2014 Toii,n ofNorth Andover � � ZONING BOARD OyAPPEALS Albert P.Manzi III,EsuChairmao 0 LSD t6 Associate Member EllenP.MeIntyre,Vice-Chairman 0 Michael L` mto � Richard J B Y m�J�� Clexk DeoqyMoqgamthu/ � ��Paul Koch JnEsu JJo��.�uu�im Al8n/ Cxmc/x ATIP Zoning Enforcement � Ge,o/d'4,Brn/vm � � Manzi stated that he spoke to Tom Urbelis and Carol HaJar(Town the Street Acceptance, and that Urbelis &H�� b�cbeen ou the��on hn�c�m�c�m�om�n ��Bo�o�b . _ Bonenatein stated that}e was very proud tobo part of this project with Bob Messina(Project . Bob Messina is modest, and stated that Messina was the one responsible for a very successffil project. � Manzi and C000ia agreed that Orchard Village iou very nice subdivision. Manzi asked Borenstein if they are going in front of Conservation tomorrow. � BorouabJo said yes. � Coxoiu asked Bozeodeioof Lot 34 and asked o[why d was deeded to the Town. Dmeootoin explained toCuaxia that lot is actually the Road itself, and Borenstein spoke of another lot on the property designated for a pumping station. � Manzi stated hu recommends that u favorable action hnmade bv the Board regarding Street acceptance. Lud ' made a motion to approve/acceptance of the roadway for review on street acceptance at Orchard Village subject to the final review of the Conservation Commission and Town Counsel. Cnacia second the motion All in favor Lndgbn`Coaolo'Koch,Manzi and Tjnmto 5-O Manzi stated next nu the agenda io the new public hearings With that being said Koch opened np the first public bearing for 45WiudbiatFuouRoad. New Public Hearin A Variance,Zoning District Ik-2,Stephen Costa and Qo*otara Jnbueou,45 Wiud&dstFornu Road (Map 100 Parcel 49) Petitioner io requesting to construct u shed ofI92 square feet. Stephen Costa,the applicant walked tip to the podium and was requesting a shed on his property but needs 2 lJmi000ea. A \/oruuoe is required for a Side and Rear 8dbuobo in an R-2 Zoning District(Table % of the Zoning Bylaws). Proposed side setback,requested is lD feet; proposed rear yard setback requested iu 19 feet, 30 feet is needed and required for both setbacks. Costa stated that because of the topography of the land, wetlands, sloping land, and the pool, it does not give them n000y options uu where to place the shed. Costa stated that it in outside of the lOO foot buffer zone. The board reviewed the pictures and y|000 that were submitted into their packets. Manzi asked Costa if the pool iu already in. Costa stated that the pool iain,but itio not completed oxofyet. Page 2of6 April 8, 20l4 Town of North Andover ZONING BOARD OF APPEALS OORTJI Albert A Manzi III,Esq. Chairman Associate Member Ellen A McIntyre, Vice-Chairman Michael P.Liporto Richard J Byers,Esq. Clerk Deney Morganthal D.Paul ICoch Jr. Esq. Doug Ludgin Allan Cuscia .*"Argp 'Vs CHUS Zoning Enforcement Officer Gerald A. Brown Ludgin asked Costa to point out some specifies on the location of the shed on the site plan submitted by Costa. Manzi asked Costa why that location,Costa stated because of the slopping of the land. Manzi also asked of structures on the neighbor's property, along with the amount of relief that the applicant is requesting. Liporto responded to Manzi that the relief would be 11 feet on one side and 12 feet on the other side, Costa agreed. Koch asked Costa if any abutters had any concerns with the shed. Costa said he talked to the direct abutters and they had no concerns. Liporto wondered if a Variance was needed for the size of the shed. Manzi asked the Zoning Assistant if there were any letters that came into the office from any abutters, regarding this petition.The Zoning Assistant responded that no letters were submitted. Manzi asked the applicant if he had anything to add. Costa said no. Manzi asked if any neighbors were here for or against it.No one responded. Manzi then asked if the Board had any additional comments or questions. Manzi asked the Board if we should close the public hearing. Cuscia made a motion to close the hearing for 45 Windkist Farm Road. Morganthal second the motion to close the Hearing. All in favor,to close the public hearing were Cuscia,Koch,Manzi,Liporto, and Morganthal Cuscia made a motion to Grant the Variance for the shed at 45 Windkist Farm Road. Two variances are required for side and rear setbacks in an R-2 Zoning District. A side set back of 18 feet on the northerly border(provided is 12 feet) and a rear set back is 19 feet on the southerly border (provided is I1 feet) to erect a shed of 192 square feet. Cuscia referenced all the plans and maps in front of him. Liporto second the motion All in favor to Grant the Variance for the shed: Manzi,Koch, Cuscia,Liporto, and Morganthal 5-0 Manzi moved onto the next public hearing Koch opened tip the next new public Hearing for 142 Boston Street. Special Permit,Zoning District R-2,Keith and Stacie Steeves 142 Boston Street(Map 107.B Parcel 36) The Steeves are requesting a Special Permit from 4.121.17 of the Zoning bylaw to maintain an existing Family Suite in the R-2 Zoning District. Applicant, Stacie Steeves walked up to the podium, (along with her father Mr.Doane)and was requesting to the Board a Family Suite in the R-2 Zoning District. Steeves spoke of when they purchased the home and how she, Page 3 of 6 April 8, 2014 Toivn ofNorth Andover ZON17VG BOARD UF APPEALS Albert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Michael P. L` orto ,RbhmdJ Byers,Esq. Clerk 11 Deney Morguu/&uf ��Paul l�/u0J� Es4; jQm��^�a6��/ Allan K�m��m �voiu�Eufo,00m,ut0fnxe, SS CHUS ' GeraIdA.Broim and her husband along with her parents,the Doane's purchased the home 10 years ago. Steeves stated that at the time d was represented to them from the real estate agent aausingle family home with 2Family Suites (on each end). At the time the Steeves&Doane's were not aware of the rules of a Family Suite, and also were not aware that when anew owner takes over the property,that the Special ynrnift for the Family suite goes away and they would have 1ore-applv. Steeves was also not aware that only I Family Suite was allowed per single funily home. Steeves stated that one family suite was in 1983 and the second was sometime around 1992. Steeves wanted to keep her single family house as is, along with the 2 Family Suites. 8tuovoo spoke of the history of her home and how at one point her parents (the I)oeue`a\lived io one nf the family suites and their grandmother lived in the other. The Doane's recently purchased a home somewhere in New Hampshire and they no longer use the family suite,but they do stay over occasionally at 142 Boston Street. Steeves went on to say that there are a total of 5 bedrooms in the entire house. Steeves stated that a cousin of hers had fallen into difficult times and is now living in one of the family suites along with a young child. Steeves then went on to say that the other family suite is occupied by her niece who just got out of the military, and needed to get ouher feet. She spoke of how the Building Department informed her that they had received concerns Rom the neighbors regarding the 2 Family Suites, and also the amount o[cars and people living ou the property. CLiscia asked how many kitchens. Steeves responded I main kitchen and 2 kitchenettes. Manzi stated that it is 5 bedrooms and 3 bathrooms. Manzi asked Steeves if they are taxed as a single family home. 3toovno said yes, Manzi explained to the Steeves` and Mr.Doane what the Bylaws say regarding aFamily Suite. Manzi asked Steeves what are you looking for. Steeves responded that she wanted the house to remain as is. Morganthal asked if the Family Suites all connect from the inside. Steeves stated yes they do. Manzi asked of how many meters at this home. Steeves stated one and went on to say that they have 1 system, I boiler,and l water heater. Manzi wanted to open this tip 10 the abutters. Kim Hazarvaitian, of 160 Boston Street walked oyto the podium and stated that bu lives io the home a1l6O Boston Street with his wife and two sons. He spoke of the history of the Otoovoa home long before the Gtuoveo purchased it, Lip until today.Hazavartian spoke of the 2 owners prior to the Steeves owning the home and the additions made. Hazarvartian stated he has lived in this neighborhood for many years.He stated that he does not have any issue with the 8toovoaor anyone else who lived bu that house. IIaxan/azdau stated that bu feels that there iouo added traffic, or noise coming from this home. Be also had his own house appraised, and it had not lost any Page 4of6 April 8,2Ul4 Town of North,4ndover ZONING DO,4kDOF,4fPE,4lS OORTH Albert P.Manzi III,Esq. Chairman Associate Member Ellen}\McIntyre, Vixe~Cbuirzuuo Michael L' onh ,Richmdl Byers,Esq. Clerk DooeyMorgu thu/ D.Paa/lfodt Jr.Esq. Doug Lmogim Allan Cuncio Zoning Enforcement Officer GeruldA. Broxm value.Hazavartian stated to the Board that he is in favor of the Steeves and that they should let the house stay as is. Mx. Rossi, of 175 Sullivan Street stated that he could not ask for better neighbors,and heim also in favor. Peter Raduiski, of 145 Boston Street stated that they are very nice neighbors,but be had problem with the different families that are living at the home and occupying the—family suites. Iadninki stated that thc3teovou are not going along with the rules o[a family suite. Raduiski spoke of when the problems started to evolve,he noticed tiki torches, tents and more cars parked outhe property. Rmduiaki felt this property has now become n3-family. Raduiski stated that he is not here to cause any trouble, but he is the spokesperson for the neighbors who donot want to see u3-fbozi|vin the neighborhood. Arthur Vaughan of 124 Boston Street stated that bu does not have any neighbor problems,Vaughan also went oo to say that bu does not see anything with red flags and has nu knowledge of who iu living otl42 Boston Street. Vaughan went on to say that as neighbors we should all strive for tolerance.The property at 142 Boston Street does not hurt the value of his property, and lie has no problems at all with the Stoeven.Vaughan stated that bodoes not object to the petition and ia6u favor nf the 8tuuvua Joe Sergi, of 135 Boston Street stated that he is directly across the street from the Steeves.The Doane's and Steeves' family are all wonderful people. Sergi stated that once the Doane's moved out that is when it became problematic and feels that it is now a detriment to the neighborhood. It has become a 3 family home and now does not comfoouLo the Town's 8y-]awm. Stcnvca returned back to the podium and reiterated that she was not aware of the Bylaws regarding u family suite. 8touvou also went outo say that she wants to keep her house an is, a single family with 2 family suites. Manzi asked how many bedrooms iu the house. 8tuevuo answered 5 bedrooms. Steoveu went outo say that they all eat dinner together aou family(those that are living iothe Family Suites). Manzi asked the Board if they had any questions. Manzi asked Steeves of the farnily suites,kitchenettes,bedrooms and batln-ooms. Steeves responded back to Manzi and stated that there are 3 bedrooms bo the single family and u bedroom in each family suite, l main kitchen and okitobenstte in each suite and 3 bathrooms. Manzi stated thatbobuaeleUcndated4ndl2,2Ol4anbnub1udbySnouoSo`vyoz;Public Health Director for the Town ofNorth Andover the letter stated that the septic system ia properly sized for the 5-bedroom home. 8teovea stated that she comes from ularge family and she has always hiedtobelp family members out when needed. Koch asked 8toevca who im living bo the Family Suite now. 8toovea responded saying au000iuuudbcruioco. Page 5uf6 '_r-'l8, 2014 Town ofNorth Andover ZONING BOARD {}FAP}EAIS Albert P. M/md III,Esq. Chu/rouuu Associate Member Ellen AMeIntyve, Vice-Chairman Michael AL' o/to JYichardl Byers,Esq. Clerk Demg/Morgonthu/ D. Paul Koch Jr. Esq. DougLolgin /1/8vm Cuxu/m Zoning Enforcement Officer - Gexo@A. Bro/°m Manzi asked are they renting these oobuo' 8teevoo utu1od no she pays the mortgage along with her parents. 8teuvox states that she wants to keep her home oa is,with the 2-fami|vsuites. Manzi stated he heard u lot of testimony tonight,but bo would like to take more time to research this. The Board agreed with Manzi. Raduiski walked back to the podium and stated that he does not want to cause any trouble with the Steeves' or the I}ouue"a. Raduiski stated that the bottom line here is that he does not want 3-separate units at 142 Boston Street. Daduiokl stated that bo even went to The Building Department and asked that they drop the$30U.O0a day fiuothat the Building Department had penalized the Stemoawith. Manzi stated that if they remove the kitchens that these people can all live there. Mr.Doane,walked tip bo the podium and wanted to publicly apologize<nbiaoeicbhorn' and was very sorry ifthey have been offended. m C000iuzuadu u motion 10 continue the hearing for 142 Boston Street until May l3 . MoqIanthal second the motion. All iu favor 10 continue the hearing Manzi,Koch, Cuuuiu`Tjnodo,and YWorountbul 5-0 Manzi asked The Steovuo to sign u Time Waiver Form,to nnzdimue the meeting till May 13t". Miscellaneous Correspondence The annual report for the Merrimack Valley Planning Comozinaino(MD/yC) Annual Report for 2013 was submitted into the Board's packet. Manzi stated that Rick Byers is the Chairman for this Commission.He urged the Board to read it,stating that there is a lot of good information in this report. 0:S2 Mo/ouofbuJouudo o motion to adjourn. Koch second the motion All were in favor to adjourn the meeting;Manzi,Koch, Coxoi4 Tjnodo,Morganthal audIud8io. � � � Page 6of6 April 8, 20]4 � � � �