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HomeMy WebLinkAbout05.12.2015 Town of North Andover ZONING BOARD OFAPPEALS A t%ORTH y2l"'YO Albert P. Manzi III,Esq. Chairman 0 Associate Member Ellen P.McIntyre, Vice-Chairman 0 to Michael P. Liporto 4C19 Deney Morganthal Richard J Byers,Esq. Clerk V- 0 Z3 D. Paul Koch Jr. Esq. Doug Ludgin Allan Cuscia �� Are Zoning Enforcement Officer 1,5 S C us� Gerald A. Brown DRAFT MINUTES Tuesday,May 12th, 2015 at 8:00 PM Town Hall 120 Main Street, North Andover,Massachusetts Members present: Albert P. Manzi,Ellen McIntyre,Rick Byers,Allan Cuscia and D. Paul Koch Jr Associate Member: Doug Ludgin, Excused absence: Deney Morganthal and Michael Liporto Pledge of Allegiance Manzi called the regular meeting to order at 8:05 Acceptance of Minutes April 14, 2015 McIntyre made the motion to approve the Minutes Koch second the motion. Those voting in favor to approve the minutes were Manzi, McIntyre, Byers, Koch, Cuscia, and Ludgin Committee Reports Merrimack Valley Planning Commission and the Housing Partnership Committee McIntyre and Byers had nothing to report, for either of their Committees. New Public Hearin Variance and Special Permit in the R-4 Zoning District, 56 Beverely Street (Map 9 Lot 33), Steven Derocher Rick Byers opened up the new public hearing. Steven Derocher walked up to the podium and stated that he and his wife Patricia have owned this property at 56 Beverly Street for about I I years. Derocher is requesting a Special Permit from Sections 9.1 of the Zoning Bylaws for a pre-existing non- conforming structure or uses however may be extended or altered. Also Variances from Table 2 of the Zoning Bylaws are needed (Dimensional Requirements), for two side setbacks (left and right), and one rear setback. Derocher stated that he proposes to raze down the current garage that is in disrepair and proposes to build a new garage. Derocher spoke of his request for the Variances and Special permit request. Derocher stated the facts on the shape of his property (hardships). Derocher stated that his property size at 56 Beverly Street is undersized at 9,385 square feet for the R-4 Zoning District, where 12,500 square feet are required. Page 1 of 4 May 12, 2015 Town of North Andover ZONING BOARD OF APPEALS thORTFj Albert P. Manzi III,Esq. Chairman - Associate Member 0 Ellen P.McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J Byers,Esq. Clerk Deney Morganthal D.Paul 1(och Jr. Esq. Doug Ludgin Allan Cuscia Zoning Enforcement Officer C US Gerald A. Brown Derocher informed the Board that he is proposing to raze the existing non-conforming garage/structure. Derocher spoke of when the land was surveyed it was found that the existing structure is actually encroaching 1.3 feet on the property of 58 Beverly Street. The current garage is 45 feet x 19 feet. Derocher stated that the proposed garage will be 45 feet wide by 28 feet deep, but will ultimately be less non-conforming for the R-4 Zoning setback requirements, since the rear walls will be located three feet from the proposed existing old garage. Also side walls will be repositioned and will be located on his property lines at 56 Beverly Street and not on 58 Beverly Street. This structure as it exists today is over 85 years old; over the years the garage has been compromised. Derocher spoke of the condition of the rear wall today and that it is made of concrete blocks that are failing and cracked due to tree roots pushing the wall forward. He went on to say that the front walls bow, the flat roof is weakened and is leaking. Derocher also mentioned that the concrete floor is damaged and cracked, due to water leaking in from the roof and walls. Derocher also spoke of the various safety concerns, between snow loads on the roof, and if people or animals were to climb the flat roof. Derocher stated that he is requesting a Special Permit and Variances so that he may be able to place a new garage and remove the old garage off the property at 58 Beverly Street. Derocher stated that this proposed structure will be larger and less non-conforming than the one that stands today. Derocher also stated that he is interested in older cars and would like to be able to house them in the garage along with storing his lawn equipment, tools and lawn furniture. Derocher spoke of the materials that will be used in the proposed construction. Manzi asked of the height of the garage. Derocher answered it will be 19 feet at the peak. McIntyre then asked if this garage's height was higher than his house. Derocher responded that his home is about 29 feet. McIntyre had concerns of the size of the proposed garage. McIntyre asked if Derocher did not increase the proposed nonconforming size then Derocher would not need to be here. McIntyre felt that the proposed size of this garage should be minimized. The Board discussed in detail McIntyre's question and concerns on the size of the garage and the nonconformities and setbacks. Ludgin spoke of setbacks relating to the increase of the garage and of McIntyre's concern of nonconfortnities. Page 2 of 4 May 12, 2015 Tmm of North Andover ZONING BOARD OF APPEALS V%ORTH Albert P.Manzi III,Esq. Chairman Associate Member 0 Ellen P.McIntyre, Vice-Chairman 0 f- Michael P. Liporto Richard Byers,Esq. Clerk Deney Morganthal D. Paul Loch Jr. Esq. Doug Ludgin Alit-in Cuscia Zoning Enforcement Officer C Gerald A. Brown Cuscia spoke of the increase of the new garage and setbacks. He understands Derocher is trying to make a bad situation better. Manzi felt that the new garage fits in with the area and character of the neighborhood. Manzi stated that he would have a problem with the project if abutters were opposing it. This is in a section of town that the lots are smaller. Manzi felt it is an improvement to the site. Koch felt that since McIntyre raised an issue,therefore we have an issue that needs to be discussed. Ludgin wanted to make a point and comment on behalf of the applicant. Ludgin spoke of the retaining wall and the disadvantages if it was suggested or implied that the garage and driveway were to move forward. McIntyre stated that her issue was that it will be too close to the lot line and he has the opportunity to change it and make it better. Robert Hurad of 58 Beverly Street walked up to the podium and stated that he has lived at this property for over 35 years and wanted the Board to know that he is in support of this project. The present garage Derocher has been speaking of sits on part of his property. He spoke of kids and animals that jump on the roof and did not want to see anyone get hurt and possibly fall through the roof. It was noted that no other abutter was here in opposition of the project. Manzi informed Derocher of how the Board works, and also that he would need to have 4 out of 5 votes in favor in order for his petition to be granted. Byers stated that Derocher needs more of a garage, and he understands that. Byers stated that Derocher could never put this proposed garage 15 feet from his property line; he does not have that much property and Byers stated that he does not have a problem with this proposed garage. Cuscia wished it was smaller but understands the need for a larger sized garage. Cuscia stated that he agrees with Manzi and overall it is a good project and fits the area. Cuscia made a motion to close the hearing Byers second the motion All were in favor to close the hearing; Manzi, McIntyre, Byers, Cuscia, and Koch 5-0 Page 3 of 4 May 12, 2015 Town of North Andover ZONING BOARD OF APPEALS tAORT#1 Albert P.Manzi III,Esq. Chairman . off"a. `,6 , 0- Associate Member 01 - ! Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paull(och Jr. Esq. Doug L udgin Allan Cuscia Alr. 'r Zoning Enforcement Officer S CHUS Gerald A. Brown Byers made a motion to Grant the Special Permit for the purpose to raze the present garage and allow for the construction of a new garage from Sections 9.1 of the Zoning Bylaws for a pre-existing non- conforming structure or uses however may be extended or altered in the R-4 Zoning District. Byers referenced all the engineering plans,pages, 3 drawings and maps that were in front of him, along with the associated dates and who prepared them. Cuscia second the motion All in favor to Grant the Special Permit: Manzi, Byers, Koch, and Cuscia Not in favor: McIntyre 4-1 approved Byers made a motion to Grant the Variances to raze the old garage in order to construct a new garage in the R-4 Zoning District from Table 2 of the Zoning Bylaws (Dimensional Requirements), for two side setbacks (left and right), and one rear setback. The left side setback and right side setback is I foot, the required is 15 feet, (relief is 14 feet) and Rear setback is 5.2 feet required is 30 feet, (relief is 24.8 feet) Byers referenced all the engineering plans, drawings, pages and maps that were in front of him, along with the associated dates. Cuscia second the motion All in favor to Grant the Variances: Manzi, Byers, Koch, and Cuscia Not in favor: McIntyre 4-1 approved Miscellaneous Correspondence Two letters were received from CHAPA, dated April 7th, 2015, and April 215', 2015 signed by the Senior Program Manager, Elizabeth Palma-Diaz, both letters are regarding a current owner's intent to sell off his or her affordable unit. Adjournment: 8:42 McIntyre made a motion to adjourn the meeting. Byers second the motion All were in favor to adjourn the meeting: Manzi, McIntyre, Byers, Koch, Cuscia and Ludgin Page 4 of 4 May 12,2015