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HomeMy WebLinkAbout08.12.2014 - ,, ' « � v�� �'�2,A u�~� 2bom ofNorth Andover ^ ZONING B/A/ D0F AfYEA IS � Albert P. Manzi III,Esq. Cbainnumu Associate Member Ellen P. McIntyre, Vice-Chairman Michael P. L' *rto � RichardJ Byers,Esq. Clerk Dumey Morgamthol � D. Paul Koch Jr. Esq. Doug Ludgin AllmmCusxbx Argo Zoning Enforcement Officer - Qeraldd. Bromm DRAFT MINUTES | Tuesday,August 12,2084ot7:3Oy^M � Town Hall 120 Main Street,North Andover,Massachusetts Members present: Albert Manzi III Esq.,Ellen McIntyre,Rick Byers,and AlIamCmmoio � Associate Member: Doug]LaWgim, Also imattendance: Zoning Enforcement Officer,Gerald Brown Excused absence: D.Paul Koch Jr,,Michael Kjportm, and Dumey Morgomtbal � Manzi called the regular meeting hu order u17:34 Manzi spoke gonuru||vbo1bmapp|icanimof(h�proo�dunc�rc&uu]io�votbn�tooioh1`undbovvouunyvotooitp/oo/d � � "_ � take to get approved, i[there were 5 mcnihera voting or4-moouhers. Manzi also mentioned that any of the applicants can request to have a 5 member Board, if a Board inember cannot sit on a specific hearing. The applicant can also request to go forward with a 4 member board, or to continue till the next regular ZB/\meeting. | Manzi stated the next ZB/\meeting will be moved from September 9mtoBeotcmbu, l6t"" bccuuaeOoptomboru"'io the Primary Elections. The September |6"'meeting will bo held iu the Senior Center u17:3O. Acceptance of Minutes July 22,2014 McIntyre made the motion\o approve the Minutes Coaoia second the motion. Those voting in favor to approve the noinu<oo were McIntyre, Cumoiu` and Ludgiu (only those board members that were present tonight and also attended the July 22 od ZB/\ Meeting voted) 3-0 approved. Committee Reports Merrimack Valley Planning Commission and Committee Housinj!Partnershi McIntyre had nothing new to report with the Housing Partnership, since they have not met. Byers stated that the MVPC does not meet in the summer, so there is nothing new to report. Last time they met was in June and they plan ou meeting again in September. Manzi stated that ku will go out oforder. Manzi told Follansbee he will call his application for a Minor Modification last. Manzi also went ooto say to Follansbee that originally ho did not participate in this vote, so be will not purfio'participate on &�iuor��odifluotion. � `- � Byers opened mp the New Public Hearing(special permit) for lIBixby Street Manzi stated we will combine the Continued Hearing (vmriamem) un1lBixby Street amwell � New Public Hearin � � Page lnf6 August l2, 20]4 � � �Toivn ofNorlh^4nolov«r � ZONING BOARD (}F APPEALS Albert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto � Richart11 Byers,Esq. Clerk Dmg/Morgantht/ D. Pam/Koch JcEsa Doug.Cudzin Allan KJusz/a Are. Zoning Enforcement Officer A US Geymh1A. Brnmm � Special Permit Zoning District R-4,Robert A. Stephenson, 11 Bixby Street(Map 69 Parcel 2) Petition 2014-005A � � The Special Permit requested io from Section 9.2ofthe Zoning Bylaws,Alteration and Extensions for u pre- existing uon-oonfbomiuQlotiudbcD-4ZoniogDiotdct(Potdion20\4-OO5/\). The Variances needed are for rear � and side yard setbacks(Variance Petition 2O\4-U05B). Atty. Ray T/ivuozio who isrepresenting the applicant,Robert A. Stephenson walked opto the podium. He gave � the board a brief summary on what took place at the last meeting in June regarding the Variance for I I Bixby � Street.\/ivonzio also spoke of the Special Permit request from Sections 9.2 o[the Zoning Bylaws,Alterations and Extensions for a pre-existing non-conforming lot. Vivenzio stated to the Board it is hard when an applicant is in violation and then comes to the Board after the fact, h may benatural for some tn feel that maybe an applicant should bo punished for this. \/ivonzio stated that he is not suggesting that anyone on the Board feels this way that is not how the Bylaws work. Hu asked the Board to view this project aa i[bu was requesting h before he constructed the porch inviolation. � � Vivenzio stated that Mr. Stephenson isu licensed construction supervisor, and ho does mainly carpentry work and remodeling; he never built a home from the ground up, Stephenson has never done that type of work. Vivenzio reiterated to the Board what took place at the last meeting on June 24 m and spoke of the firethat occurred u1 the home of the Stcnheoaou`000 December l8`/`20l2.\/h/mzzio spoke of the original porch that was there before the fire and all the water damage that had occurred iu the house due to the firu. Because of the fire the Sh:pb000nu`o had io live iva hotel for over l0months. Vivenzio spoke of all the problems they had with the insurance company and the difficulty he had in getting his money from them. Vivenzio stated that lie wanted to make a correction on what Stephenson stated at the last meeting regarding the size of his old porch. Stephenson walked up to the podium to explain his error and stated that the original porch was either 8 x9 or 10 l\,not 0 z8 as lie originally stated tothe Board' uo the new porch iu not double the size, since the new porch iu 12 xl6. Stephenson stated that he never had his land surveyed; lie always thought he had more land than what he really bud. Stephenson stated bo did the porch this size to match his rooUbne. \/ivcnzio read the bv|ap/a regarding pre-existing 000-oon±ortniuQ Structures to the Board. \/ivmnzio urged the Board ko take u look m1 the property size and the addition. | Vivenzio stated to the Board that he cannot see how this could be a substantial change. Vivenzio reiterated what Stephenson stated that the reason the porch ended up to be this size,was to go along and match the roofline of his hnnoo. \/ivcnzio showed four pictures to the Board labeled Exhibit'A�`,`'D", "C"and'D". Exhibit&` was uu aerial view of the neighborhood, dated October 24,2Ul3, Exhibit B, view of abutter who requested screening(10-12 Wiley Court), dated August 12, 2014, � Exhibit C. view of the neighboring 8uraAo, dated August }2, 20l4 Exhibit D, view of photo of constructed dwelling needing the relief, dated August 12,2014. Vivenzio also spoke wf the variance that Stephenson needed at his property. I`uAe 2 o[6 August 12, 2014 � � � � � � Town Anoovo ZONING BOA09OyAPPE AIS Albert A Manzi III, Esq. Chairman Associate Momh,, EllemA McIntyre, Vice-Chairman Michael P.L' mrto � Richar(IJByers,Esq. Clerk Demey Morgan/&a/ � At 0\ Paa/l(och Jr. Esq. Don§&milgin Allan Cusc/m ATER Zoning Enforcement Officer :"us Gema/f.4. Brwwm � � Manzi opened the questions(o the Board � Byers stated he watched the recording and read the minutes regarding this hearing. � � Byers asked Brown if he saw the plans on the property.Brown said that he did not need to because he was lead to believe that Stephenson was not changing the footprint, he thought it was just a rebuild. 1twasnotuntilBrown went on the property and noticed that the 3-season porch was higgor,than v�butvvuoodgiuu/ivpoopoucd. Byo�m � ~ � uod�aioudxJn/the plans were not ud 'ooUvpr000nteda1tke8uUd' Department, based ooBrown's � explanation. Brown went on to say that Stephenson was not trying to hide anything from the Building [)opudmeod. 8Leoboouou didoutdotbiovvi[bnuaUoc � ^ � Brown defended Stephenson's action and went on to say that Stephenson did try and do the right thing, once he realized he was in violation. Brown stated ho still needs togoiu front ofMachine Shop Village. Manzi asked if there were any abutters for or against,no one approached the podium. Manzi reminded the Board members to ask questions to the applicant and attorney that are tailored to the project in question. Manzi asked\/kmuzioifho had anything to add. \/iveuzio reiterated to the Board that this project io not detrimental to the neighborhood. Manzi asked Brown if he had any final comments. Brown stated that the applicant Stephenson never had any bad intentions; nothing was ever done with malice. Brown stated he made a mistake and in good faith has done everything io satisfy tile situation with the Building Department and the Z8&. McIntyre wanted to make a general statement and state that she does not want the Board of Appeals to become an after the fact Board. Byers stated that Brown is in the position to know if someone is pulling a fast one on the Building Department, Byers stated that Brown never felt that way with Stephenson,Brown has been working with the applicant and has felt all along that Stephenson is credible and did not add the porch with malice or bad intent. Manzi stated that you need tobe objective, since each project iaunique.&8auzivvootoutooaydbuBui1diug Department is in support and he also mentioned the lack of abutter opposition. Manzi said he can understand how this happened. � [udgbu made u motion to close the Public Hearing for 11 Bixby Street Byers second the motion to close the Public Hearing � All io favor to close the hearing: K4uuziMc|nty,o`Byurm, Cumcia, audl.ndgin � 5'0 � � Page l2 20l4 - -=- '^"�""` , � � � Town ofNorth//nobvor ZONING BQARD0FA/P/AlS Albert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman 0 0 CA Michael P.L' *mh Richard J.Byers,Esq. Clerk DemeyM*/gu/6Vuf � D. Paul Koch Jr. Esq. At Dnug Lut1gin /jy�m� K]mc/u Zoning Enforcement � u Gerald^4.Brown � � Ludgin made umotion to Grant two Variances in the&4 Zoning District for Robert&. Stephenson, l| Bixby Street(Map 6g Parcel 2)for Petition 20|4-O05B The variances requested are for u side and u rear yard setback. The side yard setback ia7.2,the required im 15.0 (,o|icfof7�D\. Ib�r�uryon�a�d�uukim ll.5, roguirod is |8�5\. Luduior�ftrunoio�u|]tb� y|uus` / ` ' ` ' � � elevations, letters, exhibits A, B, C and D as well as all the associated dates and also those responsible for preparing the drawings and plans. � Byers second the motion All those in favor of the Variance;|Lodgin`Byers,McIntyre and Manzi Voting in the negative Cuooiu 4-I Variance Granted. Ludgin made a motion to Grant the Special Permit from Section 9.2 of the Zoning Bylaws,Alteration and Extensions for u pre-existing non-oontonnbnglot, in the B,4 Zoning District, for petitioner,Robert&. Stephenson, |l Bixby Street(Map 69 Parcel 2)for Petition 2O|4-0O5/\. Ludgio referencing all the plans, letters, elevations, exhibits A, B, C and Z)ao well aa all the associated dates and also those responsible for preparing the drawings and plans. Byers second the motion All those iu favor of the Special Permit; ).udgbn, Byers, McIntyre and Manzi Voting iu the negative Cuaoiu 4'1 Special Permit granted. Manzi requested u5-|O minute recess(O:2Opuo),when the Board returned, McIntyre was the Acting Chairperson. Manzi recused himself from the Minor Modification requested at 50 Martin Avenue, since he did not participate in the original Special Permit ut50 Mat-tin Avenue. McIntyre explained tothe applicant, Mr. Fo||uuuhou and his uUocuey`B4,. Burke, that we are o4-zneoubcrBoard, and that everyone will need to vote in the positive, io order tn have this minor n/odifioudioonfa Special Permit granted.McIntyre stated that you have the right to continue till the next meeting in September. Discussion Requesting a minor modification of a prior Decision on 50 Martin Avenue,Applicant Scott Follansbee (petition 2012-008) Attorney John Burke walked up to the podium stating that his client, Scott Follansbee ia requesting oMinor Modification ofu Special Permit that was issued June \8 m 20|3, Petition # 2OI2-OOQu150 Mai-tin Avenue. Basically what his client iapoopomino/u:quoo�io�todo, iutouUovvuK�inov��odiDoationofNbin�puo�u�8^wru�tt � � � and tu allow the use nfthe original tnmourgaraguuuubaddionulgaraAo`iuiieuofconvcdhxzthe garage area into living space. /\o part oF the allowed Special permit that was granted ouJune lQ`2Ol3,the Special Permit was for the original garage be converted into u living area. The proposed modification would obviate the need to construct the additional structure to the right of the home. Burke showed the proposed plan of this Minor Modification tothe Board. � � Page 4nf6 August 12, 2014 � 7opn of North Andover ZONING BOARD 0FA/P}AIS Albert A Manzi III,Esq. Chairman Associate Member Ellen McIntyre, Vice-Chairman 0 MichoelP. Lipmto Richard J8yerv,Esq. Clerk M Dmag/Morgu &huY 0\ ��a/��u6 ��� Doug in Jr. /&Ilan K]mr/o Zoning Enforcement Officer - Kera/dA. Bm;v* � Burke stated that this minor change has been discussed with his client and the Director ofCommunity Development, Curt BeUavunuu. � � BuAe also spoke of the history of this specific lot and the various plans that were proposed and presented to the Board ut different times. Burke spoke of the different conversations that went on between Scott Follansbee and Bellavance. The results were to request u Minor Modification ofthe Special Permit to the ZB/\. Burke stated that Bellavance is in support of this request for the Minor Modification on the Special Permit. Burke also spoke of the letter of support, dated August 11,2014 from the Community Development Director, Curt Bel|uvunuc Cuscia asked Burke,does Mr. Follansbee want to subtract his living space for a garage?Burke responded yes Byers summarized the letter of support that Curt Bellavance submitted. Byers summarized Bellavance's letter, and that it would be better to turn this living space into a garage,than to add an additional freestanding garage, since it will add more impervious runoff to the site and surrounding areas and that the additional structure will detract from the neighborhood. McIntyre asked if Follansbee can add a detached garage,Brown stated yes,as a matter of right. Byers asked if they have a driveway,Burke responded yes,that is where Mr. Follansbee is parking his car. McIntyre asked if any uhoUe,u were prcaocd tonight. Lita Fitzgibbons of 63 Martin Avenue walked up to the podium and asked how this house is classified. Burke stated it is u|aaaiOod as a2-funoUyhome on one lot. Robert Gallagher, 71 Martin Avenue spoke of all the various meetings and questioned the process of the Special Permit from the beginning when Mr. Follansbee started coming to the Board regarding this specific property. Gallagher wondered, if this is really considered a minor modification. � � McIntyre responded back tn Gallagher and stated that iuuyio the Board to determine ifhimu minor modification. � Burke stated that Follansbee ia willing to give upliving space for a garage. Burke also stated that Follansbee has been very neighborly tu everyone in the neighborhood. Follansbee was asked by Atty. Burke, if he would like to go forward and vote on this tonight.Follansbee agreed un taking the vote tonight. Ludgin,Byers, Cuscia and McIntyre all agreed it was a minor modification,no footprint change, all is interior. Page 5of6 August }2, 20l4 Town ofNorth Andover ZONING BOA}8) OF APPEALS Albert P. Manzi III,Esq. Chairman Associate Member Al Ellen P.McIntyre, Vice-Chairman 0 10 MichaelP. &' umb ���mm/^� ������� �l�c� J�e�������v&0'� D. Pau/Kou& Jr. Esq. DougLudgim /4llumCmmbv lis Arm Zoning Enforcement Officer ACHU—��-� Qera6fA.Browm Ludgin asked of the conditions and if that will be added to the Decision and will that go along with the deed. McIntyre responded back that itwould. Brown stated that it would look better in the neighborhood, rather than having a detached garage. Brown stated umu home owner bo wished be had o heated garage. Byers made a motion and agreed it was a minor modification Cuuciu second the motion All those in agreement that it is a Minor Modification; Ellen McIntyre,Rick Byers, Allan Cuscia and Doug � Ludgiu 4-0 Cuacia made u motion h` Grant and tn allow this ouu Minor Modification ofu Decision from June 8o`%0K3, Petition 2012-009 (June 8 2013), of the Special Permit for the use of the original two car garage as a traditional garage, in lieu of converting the garage area into living space as part of the allowed Special Permit,the original garage was to be used for living area(per the Special Permit from June 8,2013).The proposed modification .voo|d obviate the need to construct the additional structure tn the right ofthe boouo. Referencing the letter from Atty. John Burke dated July 2|, 2O\4" and also u plan of"Building Elevations"of Side, Rear and Front Elevations for 5O Martin Avenue, the Site Plan was prepared kvJ.I)]Lu(3/uoae \ £ilou Square, Andover M/\0i8|O, (proposed pluum), dated ]l October 2U|2 (reference plan /\-2). With the following conditions; l.) That the said living space Wc converted into u garage 2.) That no detached or free standing garage bm built oo the property Byers second the motion. � � All those in favor to Grant the Minor Modification,Ellen McIntyre,Rick Byers, Allan Cuscia and Doug Ludgin � 4'0 Minor Modification Granted Miscellaneous Correspondence `� ?vvo letters from CI�/\9/\p/eco submitted into the Board's packets d�edJuly 24 and July 28""2014.Both of these letters were regarding owner's intent to sell an affordable unit and sent from the Senior Program Manager, Elizabeth Palma-Diaz. A letter fi-om the Community Development Director, Curt Bellavance was also submitted to the Board,"Right of First Refusal"submitted July 24, 2014. Mo]otyro stated that the Board should zoud tbuec correspondences. � 9:00 Byers made u motion toa/6ounu. � ." � Cumoio second the motion � All were hn favor tou/600rndhorn�otiu�' uaoiuuudLod�in -, � McIntyre,' Byers, ^ � 4'U � Page 6of6 August {2, 20[4 �