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Home My WebLink About01.13.2015 Town o North Andover )f ZONING BOARD OFAPPEALS t%OR'rh Albert P. Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman MichaelP. Liporto Richard Byers, Esq. Clerk 1 0;4�47 Deney Morganthal D. Paull(och Jr. Esq. Doug Ludgin Allan Cuscia Zoning Enforcement Officer CHU Gerald A. Broivit DRAFT MINUTES Tuesday, January 13,2015 at 7:30 PM Town Hall 120 Main Street, North Andover, Massachusetts Members present: Albert P. Manzi,Ellen McIntyre,Allan Cuscia and D.Paul Koch Jr Associate Member: Deney Morganthal and Doug Ludgin Excused absence: Rick Byers and Michael Liporto Pledge of Allegiance Manzi called the regular meeting to order at 7:37 Acceptance of Minutes December 9,2014 Cuscia made the motion to approve the Minutes McIntyre second the motion. Those voting in favor to approve the minutes were Manzi, McIntyre,Koch, Cuscia, and Morganthal 5-0 Committee Reports Merrimack Valley Planning Commission and Housing Partnership Committee Manzi stated that Byers is not at the meeting tonight so we will table the MVPC report till the next meeting. McIntyre stated that the Housing Partnership Committee has not met in a while, and was not even sure if this corm-nittee still exists. Manzi asked the Zoning Assistant to inquire about this committee. Continued Public Hearin Manzi stated that he has a letter from Kyle Barnard project manager for the proposed hangar at 85 Terminal Road (Map 000.13 Parcel 0001)Petition 2014-008A(Special Permit) and 2014-008B (Variance), in the memo dated 31 December 2014 Barnard is requesting for a continuance till the February 10t"meeting date. The memo stated that they are in the process of re-configuring the project and would need the extra time. Manzi also stated that a time stamped continuation form was also signed by Barnard on the same date. Manzi stated that this is their second continuance. Cuscia made a motion to continue the hearing for February 10, 2015 for Great Circle Central LLC, at 85 Terminal Road. Morganthal second the motion All in favor to continue the hearing Manzi, McIntyre, Koch, Cuscia, and Morganthal 5-0 Page 1 of 4 January 13, 2015 To")n of North Andover ZONING BOARD OF APPEALS Albert A Manzi III,Esq. Chairman `' � �� Associate Member Ellen P.McIntyre,Vice-Chairman 0 Michael P. Liporto Richard J. Byers, Esq. Clerk Deney Morganthal D. Paul Loch Jr.Esq. � �, � ,"" Doug Ludgin Allan Cuscia �,�°��*��f�" Zoning Enforcement Officer 'f HU Gerald A. Brown Manzi moved on to the next continued hearing for 562 Boxford Street. Manzi stated it was continued at the last meeting in December, but no evidence was heard. Variance, Zoning District R-1, 562 Boxford Street (Map 105.0 Parcels 003 and 0022), Charlotte L. Hopping, and Joyce Bradshaw for a lot line adjustment Petition 2014-009 (Variance) Atty. Brian Vaughan walked up to the podium stating that they have submitted a new plan. The proposed plan shows new lot line adjustments. Vaughn stated he is representing his clients Joyce Ann Bradshaw and Charlotte L. Hopping. They are requesting a Variance for property at 562 Boxford Street that is owned by Hopping. Vaughn stated that new plan has been resubmitted, to allow lot line adjustments to the adjacent property owned by Bradshaw. The new plan presented tonight supersedes the original plan that was submitted, (the new plan is dated January 2, 2015 prepared by Christiansen and Sergi). Vaughn informed the Board on the Hopping's Lot and stated that it was a pre-existing nonconforming lot and then gave some background on the lots. Vaughn spoke of the "ANR"plan (Approval Not Required)that would be filed with the Planning Board, upon obtaining approval from the Zoning Board of Appeals. Vaughn stated that they would need to file a "Form A"with the Planning Board as well. The existing lot is 50,861 square feet;the newly proposed lot is 59,652 square feet. Vaughn stated at one time the Hopping's lot was a conforming lot, but because of a zoning change in 1987 the minimum lot size for the R-1 Zoning District has increased. Vaughn stated the newly proposed lot would be more conforming than it presently is now. The change of this new revised plan is to address the issues and concerns that were raised by the North Andover Conservation Administrator, Jenifer Hughes. Vaughn was Referencing the memo that was dated December 5, 2014. The newly proposed plan would allow for the southwesterly corner of Lot 1 (outside of a 75-foot no build zone and a 50 foot no-disturb zone from existing identified wetlands), if in the future any expansion of the existing structure or new construction of a structure were requested or needed for Lot 1. Vaughn stated that it was because Hughes picked up on this issue/concern (addressed in the December 5til memo) so that is why the applicant needed to reconfigure the lot. The new plan appears to address the Conservation Department concerns. The older proposed plan would create a potential hardship for the owner, if any future construction was proposed. Page 2 of 4 January 13, 2015 Toiim of North Andover ZONING BOARD OF APPEALS + Albert A Manzi III,Esq. Chairman , ��b °a Associate Member Ellen A McIntyre, Vice-Chairman 0AU Michael A Liporto Richard J Byers,Esq. Clerk Dettey Morganthal D.Paullfoch Jr. Esq. `# Doug Ludgin Allan Cuscia «��°"�*��'" ^�`' Zoning Enforcement Officer ` Gerrdd A. Brown The Board asked questions of Vaughn regarding the present lots and proposed lots, wetlands, shapes, grading and sizes of the lots. Setbacks were also discussed. Manzi stated that the Board has the most recent memo from Conservation Administrator, Jennifer Hughes dated January 6, 2015. Manzi asked Vaughn if he had this memo as well. Vaughn responded back to Manzi that he did have this memo. Vaughn stated in addition that Lot 1 would be further reduced for nonconformities, since it does increase in lot size (even from the original proposed plan) and also contiguous Buildable area. The original lot size is 50,861 square feet, in the newly revised proposed plan it allows for 59,652 square feet(87,120 square feet is required for R1). The relief needed would be for 27,468 square feet. Vaughti stated that he seeking a Variance from Section 7.1, Table 2 and Section 7.1.1 of the Zoning Bylaw, in the form of a dimensional variance for the lot area and a variance for continuous buildable area (Hopping's lot presently exists as a pre-existing lawful nonconforming lot with a lawful existing structure). Manzi wanted it to be noted for the record that no abutters are here tonight. The Board had no other questions and was satisfied with the information that they heard tonight. Koch made a motion to close the public hearing for 562 Boxford Sheet requesting a Variance McIntyre second the motion All those in favor to close the public hearing; Manzi, McIntyre, Koch, Cuscia, and Ludgin 5-0 McIntyre made a motion to Grant a Variances at 562 Boxford Street under Section 7.1 and Table 2 of the Zoning Bylaw in the R-1 Zoning District for dimensional variances for 562 Boxford Street to allow for a lot line adjustment between property depicted as Assessor's Map 105.C, Parcel 0003 with the adjacent property depicted as Assessor's Map 105.C, Parcels 03 & 0022. The exiting lot is 50,861 square feet; proposed lot is 59,652 square feet,relief is 27,468 square feet. Also a variance for minimum contiguous buildable area pursuant under Section 7.1.1 of the Zoning Bylaw in the R-1 Zoning District was also included. The New lot area configuration will also increase the contiguous buildable area of the proposed lot to a 55% increase (75% increase is required) with a difference of 20%. McIntyre, referenced all the drawings, plans, letters and written materials that were in front of her, along with the associated dates and those that prepared and created the plans and drawings Koch second the motion to grant the Variances All those in favor of the Variances were, Manzi, McIntyre, Cuscia, Koch and Ludgin, 5-0 all in favor Page 3 of 4 January 13, 2015 Town of North Andoi,er ZONING BOARD OFAPPEALS t%0RT#, Albert P.Manzi III,Esq. Chairman Associate Member Ellen A McIntyre, Vice-Chairman oa f a Michael A Liporta Richard J Byers,Esq. Cleric ' _ Deney Morganthnnl D. Paul Koch Jr. Esq. r� - ,.<` Donrg Ludgin Allan Cuscia `"°ergo' ��`' Zoning Enforcement Officer CHU Gerald A. Brown Manzi stated that last on our Agenda is the Election Discussion Zoning Board of Anneals Annual Election Cuscia made a motion for Albert P. Manzi III to remain as Chairman for the 2015 calendar year for the Zoning Board. McIntyre second the motion All were in favor 5-0 Cuscia made a motion for Ellen McIntyre to remain as Vice-Chair for the 2015 calendar year for the Zoning Board Koch second the motion All were in favor 5-0 Manzi made a motion for Richard Byers to remain as Clerk for the 2015 calendar year for the Zoning Board Koch second the motion All were in favor 5-0 Adjournment: 8:02 Cuscia made a motion to adjourn the meeting. McIntyre second the motion All were in favor to adjourn the meeting: Manzi, McIntyre, Koch, Cuscia, Ludgin and Morganthal Page 4 of 4 January 13, 2015