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HomeMy WebLinkAbout06.24.2014 Town of North Andover 7 ZONING BOARD OF APPEALS t4ORTFI Albert A Manzi III,Esq. Chairman - Associate Member Ellen P.McIntyre, Vice-Chairman 0 0 Michael P. Liporto Richard J Byers,Esq. Clerk If- Deney Morganthal D. Paul lCoch Jr. Esq. Doug Ludgin Allan Cuscia 3 Zoning Enforcement Officer C U GeraldA. Brouln DRAFT MINUTES Tuesday,June 24th,2014 at 7:30 PM Town Hall 120 Main Street,North Andover,Massachusetts Members present: Albert Manzi III Esq.,Ellen McIntyre,D.Paul Koch Jr and Allan Cuscia Associate Member: Doug Ludgin and Deney Morganthal Also in attendance: Zoning Enforcement Officer,Gerald Brown Excused absence: Richard Byers and Michael Liporto, Pledge of Allegiance Manzi called the regular meeting to order at 7:40 Acceptance of Minutes May 13,2014 Koch made the motion to approve the Minutes Cuscia second the motion. Those voting in favor to approve the minutes were Manzi, McIntyre,Koch, Cuscia,and Ludgin. 5-0 Committee Reports Merrimack Valley Planning Commission and Committee Housint!Partnership McIntyre had nothing new to report with the Housing Partnership and Byers was not in attendance at tonight's Board of Appeals' Meeting, so there will not be a report for the MVPC. Koch opened up the public hearing. New Public Hearin Variance, Zoning District R-4,Robert A. Stephenson, 11 Bixby Street(Map 69 Parcel 2) Robert Stephenson, owner and resident at 11 Bixby Street walked up to the podium and spoke of the fire that occurred at his home on December 18t" 2012. Stephenson spoke of the original porch that was there before the fire and all the water damage that had occurred in his house due to the fire. Because of the fire he and his wife had to live in a hotel for over 10 months. Stevenson then spoke of the problems he had with the insurance company and the difficulty he had in getting his money from them. He then explained to the Board that he added an addition without the proper permit (a Variance from the ZBA) and is requesting to legalize the addition, by coming in front of the Board of Appeals. Stephenson stated that he is here tonight to request 2 Variances from Table 2 of the Zoning Bylaws in the R-4 Zoning District be permitted. The variances requested are for a side and a rear yard setback. The side setback is 7.2, the required is 15.0 (relief of 7.8). The Rear setback is 11.5, required is 30.0 (relief is Page 1 of 6 June 24, 2014 Town of North Andover ZONING BOARD OF APPEALS ORTH Albert P.Manzi 111,Esq. Chairman tk Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paull(och Jr. Esq. Doug L udgin 0 41r.D Zoning Enforcement Officer Allan Cuscia SS HU Gerald A. Brown 18.5). When Stephenson started his project he thought he had more land than he thought and built the three season porch bigger. He did not know he was in violation of any setbacks. Stephenson stated that he did get a building permit and a demo permit from the Building Department, Stephenson spoke of the neighborhood, and various homes and structures in the area and also stated that many of the lots are small (pre-existing, non-conforming). Stevenson stated at one time this was his parent's home. Stephenson submitted pictures for the Board members to view and also spoke of all the plans submitted into the packet Ludgin asked of the old porch and how long was it there. Stevenson thought it was at least 40 years. Cusca asked questions to Stephenson of the porch and the original size. Stevenson stated it was about 6x8 with a roof, now it is a 12x16 three season porch. Koch questioned if the new porch was heated. Stephenson stated no. McIntyre stated it was basically a mud room. McIntyre asked Brown the process of getting a Building Permit. Brown explained the process with the Board. Brown went on to say that once he heard all the problems that Stevenson was having with the insurance company he did try to advise and instruct him on what steps were needed to be done, as well as getting his insurance money. Brown told the Board that as soon as he realized Stevenson was in violation of two setbacks that he told Stevenson he would need to come to the Board of Appeals to rectify the problem and request a Variance. Brown stated that Stevenson agreed he wanted to do the right thing. Brown also stated that he needed to also go in front of The Machine Shop Village Board. Stevenson told Brown he thought he had more land on his property, and did not think he was ever in violation. McIntyre felt that they need to file for a Special Permit as well. Manzi thought the replaced porch did not look much bigger than what was there originally. McIntyre asked Stevenson his hardship. Stevenson responded that he has a pre-existing non-conforming lot. Page 2 of 6 June 24, 2014 Town of North Andover ZONING BOARD OF APPEALS 00RT#j Albert P. Manzi III, Esq. Chairman ,ED '. - Associate Member A .. " - %,'6 . . .... ... ... Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto Richard J. Byers,Esq. Cleric DeneyMorganthal D. PaulKoch Jr. Esq. Doug Ludgin Allan Cuscia 004rap Zoning Enforcement Officer S CHUS Gerald A.Brown Manzi also wanted to add that he felt Stevenson's hardship was also the damage from the fire; Manzi went on to say he would not be here tonight if it was not for the fire, since he would have not needed to rebuild his porch. Ludgin stated from what he can see that Stevenson's lot is smaller than the required for that zoning district. The lot is very undersized Manzi read the letter that was submitted into the Board of Appeal's Office from Lisa Vayanos, of 10-12 Wiley Court, in the letter she asked that if the Board does approve 11 Bixby Street, she requested that the Board consider to add a condition that the applicant plant some type of shrubbery or put up a fence along the rear of his property line as a privacy barrier, since her property abuts the back of Stephenson's property. Stevenson stated that he would have no problem with that at all. Cuscia stated that Stevenson is asking us to approve an addition that is now much bigger, and is also in violation of two setbacks. Cuscia stated it looks like he is asking more for forgiveness than permission. Stevenson responded to Cuscia's comment, and stated that he did think his property was much bigger than it actually was until a survey plan was done on his property; this was his parent's property at one time and this is the first time it had been surveyed. Brown stated that Stevenson did overstep, but now he wants to do the right thing. Brown stated that before he had his land surveyed, Stevenson believed he had more land than what he thought. This property had never been surveyed before, so he believes Stevenson. Cuscia expressed his own fear that other residence that live in Town may also want to violate setbacks and add additions and then ask for forgiveness from the Board later. Morganthal responded to Cuscia's comment and stated that there is a difference here,he is not adding an addition for no reason here, and the applicant is only replacing a porch that was destroyed from the fire. Manzi added that Stevenson did go to the Building Department to pull a building permit; he did try and do the correct thing,he was not trying to hide anything. Manzi also wanted to add that we need to take each applicant as a case by case, since each one is different. Manzi also stated that we did not hear from the Building Department or Mr. Brown that Stevenson tried to do something underhanded, he did go and pull a building permit. Brown agreed with Manzi. Brown stated he made an honest mistake and it was not until he had a surveyor come that he realized that he had less land then what he thought. Brown stated he had a lot of hardships going on due to the fire. Page 3 of 6 June 24, 2014 To1i,t7 of North Andover ZONING BOARD OF APPEALS t%0RTt1 Albert A Manzi III, Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael A Liporto Richard J. Byers,Esq. Clerk #_ Deney Morganthal D. Paul Koch Jr. Esq. Doug Ludgin Allan Cuscia US Zoning Enforcement Officer Gerald A. Broitin McIntyre asked Stevenson why it took so long for him to come in front of the Board. Stevenson stated it was many factors, between the stresses and upset of the fire, insurance company problems, the various cost of legal ads, having the land surveyed,postage and also all the financial cost and loss of what the fire caused him. Manzi felt the Board should not give this applicant a difficult time, Manzi reiterated that the lot is undersized, along with the neighborhood. He also urged the board to go on a site visit of this applicant to view the property and the neighborhood. Manzi felt that this Board should not have a problem with this petition. Brown stated a burnt house is an eyesore in any neighborhood, isn't it better that it is fixed. It would make no sense for the neighborhood to leave it in that condition, also it makes no progress in terms of the town to leave it that way either. Stevenson did this addition with good craftsmanship. Manzi stated out of all his 46 abutters no one is here opposing the project. Stevenson stated that some of his neighbors had no idea that he rebuilt this 3 season porch. Koch stated that he may have not done this intentionally but felt that Stevenson showed no regard for the code. He should have never swung a hammer without knowing where his lot lines were. The Board asked various question to Stevenson and also discussed their own opinions, concerns and issues with this applicant in length, regarding the applicant's hardships,the neighborhood, the pre- existing non-conforming lots, and also the motives in the applicant completing a project without coming to the Board first. Manzi asked the applicant how long he has lived in town. Stevenson responded for 63 years. Manzi explained to the applicant his options; one would be to have the Board vote now(although Manzi felt he would not get the required votes). Two Continue this hearing till August, but he also would need to apply for a Special Permit, advertise in the newspaper, and notify his abutter (return receipt certified mailing). Manzi also advised he may want to think of seeking legal counsel if he comes back in August. Tlu-ee would be to withdraw-without prejudice and pull back on the porch so it would not be in violation. Ludgin wanted to point out that in the past we have approved other projects requiring variances without any issues. What if the applicant would have come to the Board first before he added the addition. Ludgin went on to say that we seem to be hung up on the fact that he has wronged the town; we should Page 4 of 6 June 24, 2014 Town qfNorth Andover ZONING BOARD OF APPEALS IAORT#1 Alhert P. Manzi III,Esq. Chairman Associate Member Ellett P.McIntyre,Vice-Chairman 0 Michael P. Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paul Ifoch Jr. Esq. Doug Ludgin Allan Cuscia Zoning Enforcement Officer S C14US Gerald A. Brown take a step back from the emotions of that. Maybe as a Board we need to look at this differently. This was not a project that shows greed, it is a single room not a two story structure with a garage. Ludgin stated he does not have any issues with the size or integrity of the addition, and feels that this 3 season porch fits in with the neighborhood. Manzi agreed with Ludgin. Cuscia felt that Stevenson showed disregard for the Bylaws. Many discussions broke out between the board members for and against this application. Ludgin stated that we may be misleading the applicant and felt that before we waste any more time and money from the applicant, along with wasting the Board's time, Ludgin suggested that we poll the Board on how they will vote on this petition. Manzi & Ludgin stated that they would support this petition. McIntyre stated that she will not give her answer. Brown stated he may want to "withdraw without prejudice" and pull back on the porch. Manzi stated that he will have to report the Special Permit in the paper and do the return receipt certified mailings if he plans to continue. Stevenson stated he will sign the continuation form (time waive form). Cuscia made a motion to close the hearing till August 12, 2014 McIntyre second the motion to close the hearing All in favor to close the hearing Manzi, McIntyre, Koch, Cuscia and Ludgin 5-0 Miscellaneous Correspondence Manzi reviewed and referenced the two Correspondences that were submitted into the Board's packets A letter from CHAPA (dated May 8t" 2014, from Elizabeth Palma-Diaz, Program Manager for CHAPA) was submitted into the June packet's and was regarding 4 Harvest Drive Unit 307 part of Oakridge Village. The second letter submitted was for"Right of First Refusal" (dated May 13"', 2014 from Cult Bellavance, Community Development Director). This letter was in response to the above referenced letter sent from CHAPA. Page 5 of 6 June 24, 2014 Town of North Andover ZONING BOARD OFAPPEALS V40RTij Albert P. Manzi III,Esq. Chairmaij Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto Richard J.Byers, Esq. Clerk Deney Morganthal D. Paul both Jr. Esq. Doug Ludgin Allan Cuscia .*44 Zoning Enforcement Officer Gerald A. Brown Adjournment: 8:45 Koch made a motion to adjourn. McIntyre second the motion All were in favor to adjourn the meeting; Manzi, McIntyre, Koch, Cuscia, Morganthal and Ludgin. Page 6 of 6 June 24, 2014