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Home My WebLink About2015-09-08 Zoning Board of Appeals Minutes � � � Yoxm ofNorth Andover ZQNJN6 BOARD 0fAPPEALS Albert P. Manzi III,Esq. Chairman tkORTH Associate Member Ellen McIntyre, Vice-Chairman 0 DeneyMorgot8u/ D.Paul Koch Jr. Esq. Nathan JWeinreicd � AllanKuscia Alexandria A'Jacobs Esq. � � DeugLmdgin Zoning Enforcement Officer ATto K�mald^4, �wnp� �� MINUTES Tuesday,September 8,201 at 7:30 PM Town Hall 1%0 Main Street,North Andover,Massachusetts � Members present: Albert P,Manzi, Ellen McIntyre,AUlan Cuaoia"D.Paul Koch Jn and Doug Lmd 'a Associate Member: ]Nmmey Mwrgumthml,Nathan Weinreichand Alexandria A.Jacobs Also in attendance: Community and Economic Development Director,Eric Kfoury Manzi called the regular meeting to order a17:38 Acceptance of Minutes August 11,2015 McIntyre made u motion toapprove Cuociu second the motion Those voting io favor tn approve the minutes were McIntyre,Koch, Cusuio']Ludgiu and 84orgoutbu| McIntyre Committee Reports Housing Partnership Committee had nothing Lo report outhe Housing Partnership. Manzi recused himself from the discussion for the 40B Comprehensive Permit for Berry Stremt-DooUarmtionof Restrictions.Manzi bmcoudthe gavel over toMcIntyre. Discussion Berry Street-Declaration*[Restrictions Eric Kfoury spoke to the Board on the Comprehensive Permit regarding the Berry Street project oudaonouufthe conditions from his offioo. Condition I }{fburY reviewed the fiva|plans for the project and dcienniucd that they are iu conformance with the most recent correspondence referenced iu the Decision. Condition 9 Architecture Kfoury reviewed and approved exterior building materials to be used including clapboard, abinuJuu,otouoa and vinyl siding. The building materials are in conformance to the plans. Condition 10 Open Space and Landscapigg K]bory reviewed and approved the exact boundaries ofthe Declaration of Restrictions prohibiting additional buildings and impervious surface but allowing passive recreation uu open spaces on the remainder of the site. � Kfburyulao spoke of the surety bond iouu amount set hn the Town's Engineer ue well authe Conservation Administrator.Kfoury stated that this is required in Condition 22(f) of the ZBA Decision.Kfbu[y felt the amount set was acceptable(total Performance Bond Cost$l,803,DI9). l,uDo ] of September k, 20i5 � � � � Ybnm ofNorth Andover ZONING BOARD OF APPEALS Albert AMo/zi III,EsuChzirmmao tAORTH Associate Member Ellen AMuIntj�me, Vice-Chairman 0 DeneyMorpm/htw/ D. Pae/Ifoch Jr.Esq. Nathan Weinreix � '^ � l6xw Cwxoix Allan AUesom8rimA,Juoubm]Cmq. � DougjCadgin 0 Zoning Enforcement Officer � QeraldA. Br*)vm ACHUS A letter of written notification of review and approval was signed and submitted frorn Eric Kfoury to McIntyre and � also for the Board nosee. The letter was dated September 8,2015,also a revised Declaration of Restrictions revised August 17 2015 was submitted to the Board for review. McIntyre stated this is just a discussion in order for them to go forward. They need to come to us every step of the way for the Board toreview. Mchityre asked if the Board had any questions. The Board agreed with what was io front oFthem Kfoury assured the Board he will make sure what is in front of him will be filed and recorded properly. McIntyre passed the gavel back ioManzi Sewer Pump Station-located at 146 Main Street Attorney Peter Kutrubes stated that he is representing Gregory Smith applicant for this matter at 146 Main Street. Manzi stated that this isjust a discussion and not considered a hearing. Manzi also disclosed that years ago both lie and the applicant, Smith did work for each other. There was no conflict of interest. Manzi asked Knb.uhoaifbe felt that this would hoo problem,{{nbnbom responded no. Manzi stated iu order to &o forward with this petition ofaoaggrieved party, a letter of authority to notify the association instead of all inembers of each unit is needed and an enforcement letter from the Building Inspector. Manzi stated that ne will not take any evidence oil this until the actual hearing. With that being said Kutrubes signed the waive continuation form and gave it to the Zoning Assistant ----------------- --------------------------------------------------------------------- New Public Hearin Special Permit Zoning District R-4.Jose Ruomudma33-35Third Street(Map 30 Pal-eel%1\ Petition 20015-005 /\ 3pnoia)Pennd{brtheK,4Zuoiu&Iliobiotianeoded, uyp\iuuotlarcgueuiiugt000uv*dtbeouiutiog2-8zrui|yicdo a4-farnDy. Manzi stated at the last meeting oil August l\m the applicant asked to continue the hearing until September D m . The meeting was opened but oo evidence was taken in. Manzi commented on the amount of the abutters, since they were all here for this hearing, and Manzi wanted them � � to all know how these hearings work. � Jack Sullivan, representing the applicant walked up to the podium. Sullivan spoke of the request for the Special Permit to convert the existing 2 family to a 4 family in the R-4 zoning District. Sullivan spoke of the homes in this area and also oF the znuki dwelling units. Sullivan also stated that this lot ioun oversized lot. He spoke ofhow this bonoc is in need of repair and maintenance. This proposal will allow the owner to invest money into the renovation of the house and site improvements. Therep/U|honovioih|ouhungetnthehnUdiugoofbntydn1 czoqt for potential window replacements and siding. The owner 8cucudoo purchased this property October 2Ol4. Page 2of6 September 0, 2Ul5 � � � � � Town �n�v� ~ � ZONING BOARD (2F APPEALS � Albert P.Manzi III,Esq. Chairman 14ORTH Associate Member ��/A McIntyre, Vice-Chairman Dumey Morganthe/ � �� Pou/JKoc& �� Jr. u Nathan J. Weimreich Allan0uscia Alexandria A.Jacobs Esq. � D*ugLmJ�� ooio��ufv,00movt0tDo�� ! _ � GeraddA. Browm C US � The parking will bo increased by4 and both entrances have adequate sight distance from the intersection to allow for safe vehicle and pedestrian movements. Sullivan stated that the owner ia adding un additional 4 parking spots making it a total of 8 and these parking spots will conform to Town standards size. The owner will also add ufiru suppression system for the building(sprinkler and fire uluomo). Cuscia asked of the old barn, Sullivan stated that is staying and will be used as a two car garage. Manzi asked of the parking, Sullivan responded that there will be 2 internal parking spots (in the old barn) and 6 oo the pavements 9"zl8`. Sullivan stated that the lot conforms to zoning but reminded the Board that it is o preexisting non-conforming structure. Sullivan stated that Reuoudoo will bring this structure op<ocode. Sullivan stated that lie could have a drainage plan 1ogo along with this project i[needed. The only visible change would beparking. Koch asked i[any bushes o«trees would belost. Sullivan said no. McIntyre expressed her concerns with one of the parking spots since it was near a set of stairs. Koch questioned on the parking that McIntyre spoke of and asked if this could be a problem, as far as an emergency egress. Sullivan responded not that bo knows of. Sullivan spoke of where snow could he stockpiled and also the trash situation. Sullivan expressed that he is willing to listen to everyone's concerns and if needed make changes. � The Architect for this project, Cad|iuPodd|ompokuofbo,vthubuUdiugcxiotatodaYundtbuproyooedubuogeu. As it stands now it is a2 fkouUy and they are requesting o4 family. Paddle stated that the uKiu will be used for living space and she also pointed out on the plan where the internal stairs will be located along with each unit and egress. Koch pointed out that this building will increase by an addition bedroom. It presently is 6 bedrooms and will go to 7budr00000. Manzi asked if the 2 units are occupied now, Sullivan stated they are both occupied. Jacobs asked of the existing attic and ifitia occupied now. Sullivan responded that bin just attic space. Koch asked of the kitchens,Paddle stated some will be brand new and some kitchens will be remodeled. Koch asked of the exterior worl<. Paddle responded that some of the siding that is rotted will be replaced, along with some windows. Jacobs asked if there were 4 units in the area,the audience stated that most are single or 2 units. Page 3 o[6 September 8, 2015 Toivn ofNorth Andover ZONING BOARD(}FAfPEAlS � Albert AMxnzi III,Esq. Chnjrrouo ttoRth Associate Member Ellen P.McIntyre, Vice-Chairman 0 DeneyMorganthal D. Pae/Ifoch Jr. 8sq. 0 Nathan Weinreich AtlamCmcim Alexandria A. Jacobs Esq. DougJCu(Igim Zoning Enforcement Officer GeraldA.Bromm Manzi stated vvecan open this upto public now. � Attorney Andrew Caffrey Jr. first walked b/ the podium and stated that he ia representing To/\uo Covu\)uroof |2 � � Milton Street and Helen Mnnradkuninnof54 Third Street. Caffrey stated that these cbuugou will onone at the oxpouyo of the neighborhood. Caffrey spoke of the neighborhood and the types of homes in the urea. Cuff-ev stated that the biggest ponb|cou is the compatibility of the neighborhood. Caffrey stated that since this property is not ovvoor occupied and it is not maintained an other homes io the area are. Attorney Caffey submitted a hand written request to the Zoning Assistant to speak on behalf of these 2 abutters. John Lyons, 65 Third Street walked up to the podium and stated that this proposed project p/ou|d impact traffic. Lyons spoke of bow this property ieneglected. Lyons asked Sullivan nf the old barn that will be used aaugarage. Sullivan stated that the doors will most likely need to be replaced. lwouu submitted uybnio of the o|dhurn/nanxge to the 8oun1 so they could see the exact condition of this ohoduou. Lyons also submitted two pictures ofthe lot for the Board toview. Joseph Cavullaro, 12 Nbkou Street had his concerns with this house being brought up to iuduy"a unnnut building, plumbing and electrical codes. Manzi explained to Cavallaro and the public what the Board's role is and also what the Building, Plumbing and Electrical Inspectors roles are. These inspectors enforce the codes and they will never give out a permit if it is not up to code. CuvuUuro asked the Board torespectfully reject this project. Ruth Ann Mooradkanian, 54 Third Street spoke of the Cbaracter, Integrity, heart and also the feeling of safety in the neighborhood. She asked that the board not approve this project in order 10 preserve the integrity of the neighborhood and of North Andover. Richard Kaufman, 239 Main Street stated that his father-in law owns the 2-fbcni|v that be lives in. His Father-in \mv lives in one unit and he lives in the other unit (d/ n is an owner occupied 2 family). Kaufman stated that his father-in luvv knows that bo is here tonight speaking on his bcbu\f Kaufmann stated that it is more manageable to maintain u2-famiiy rather than a 4-family. It will ruin the integrity of the area.Kaufman did not have a good sense that this property would ho managed properly. Kathleen Szyska, Chairman of the Historical Board in North Andover, stated that this home is from l863 and ioou the Muoauobnmetta Iliobxicu| Registry. She stated to the Board that this house in uhiutoric part o[the town. This house is considered u "sidewalk site" and urged the Board that any decision made should take into consideration the landscape, history and view. She stated to the Board she would really like to keep the property intact, but Szymkn koop/n that dboo: are no 1uns to prevent the owner to do vvbo| be proposes to du 8zyyka requested, and hoped,that the Board can protect the integrity of this b000u. Manzi stated that they have the right to condition decisions to assure certain things are done. Lodgin was surprised to hear from 8zyxka that she wanted to keep the house intact. Szyuka explained boxoe1[ further that she kuovvo that this bozoo needs bu|n" and needs to be improved; she just wanted to make ouco the character remained intact. Szyoka spoke of guidelines to improve hcdodUproaervotbeiu<e&rityundbiutoricvuluo Page 4of 6 Sonicu/�cr �, Z�]5 � ^ � � � Toivn ofNorth Andover ZONING BOARD (}F APPEALS � � Albert AManzi III,EmeChuirmmam Associate Member � Ellen A McIntyre, Vice-Chairman 0 Deney Morganthal D.Paul Ifo(hJr. Esq. Nathan Wedmreich ,d0lanCusc&m Alexandria/k.Jacobs Esq. DougL��p�» �ouiu��uYvoum*ut(/f�ccr � ...��.� Argo � �ormA/^�.J�rm`�x � n[ahome such au this house and others like b. 8zyoku spoke o[certain materials that can and cannot heused. � Szvako also reiterated the importance o[dhcluudooupo. Joseph \/euu1i 19 Milton Street spoke of the decision 000dc on this project could uc{ pn:oodoocu for the future. � \/eonti also spoke of his concerns with safety and traffic. � Manzi reminded everyone that each applicant/hearing is taken on its own merits. Jason Davis 4O Thin] Street asked that the Board deny this project. � Francis Kirkpatrick 45 Third Street lives at this address with his wife, Kathleen. Kirkpatrick submitted u picture of the lot and wanted the Board to know that bo agrees with his neighbors. Manzi asked Sullivan ifbe wanted ho speak and address any of these issues. Sullivan stated that be appreciates all the input from the uhoK«zu and Board and will try to provide the neighborhood with a different look on landscape. He knows he can't make everyone happy,but he will do his best to address these issues. Manzi stated that Sullivan should talk over these issues with his client and to also show this project fitduginp/db the character and uozupoab;ou of the neighborhood. Manzi also wanted Sullivan to explain how the voting works with his client. Cnaoiu stated that the biggest problem iuturning this 2-family into a4-buoui|v. Kathleen Mulcahy, 57 Third Street suggested to the owner to go up on the rent on the 2 units and that will lead the way tomake improvements. One abutter stated that he can't manage a 2 family now so how will he be able to manage a 4 family. Coaoiu moved bz close the meeting McIntyre second. All bn favor ho close Cuoyia Not in favor to close Manzi, McIntyre,Koch and Ludgin 1-4 denied closing the meeting Koch felt that h was premature ha close the hearing. Manzi agreed with Koch and suggested that they sign acontinuance. Koch moved to continue till October l3`2Ol5 McIntyre second to continue till October l3`20|5 All im favor tocontinue Manzi, Muinhuu,Koch and Ludgio Not in favor 10 continue Cusoiu 4-1 approved(ocontinue Page 5of0 September 8,20l5 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III, Esq. Chairman AORT#1 Associate Member ,.1+ Ellen A McIntyre, Vice-Chairman A 0, ,,ED 1 � 6 0 Deney Morganthal D. Paul Koch Jr. Esq. 0 Nathan J Weinreich Allan Cuscia Alexandria A.Jacobs Esq. 0 Doug Ludgin Zoning Enforcement Officer �SSACHUS Gerald A. Brown Sullivan agreed with the continuance, and had Resendes,the owner and applicant sign the continuation form. Miscellaneous Correspondence Two letters were submitted together, one was from DeMoura, Smith LLP (Shama D. Favuzza, Esq., regarding 1401 Basswood Circle dated August 4, 2015 the other letter included was a letter of intent, dated July 31, 2015 from Erin Vasseur (Mcloud). Three letters from CHAPA all from Elizabeth Palma-Diaz two dated August 21St,2015 and one dated August 19t"2015. Adjournment: 9:48 Ludgin made a motion to adjourn the meeting. McIntyre second the motion All were in favor to adjourn the meeting: Manzi, McIntyre,Koch, Cuscia, and Ludgin Page 6 of 6 September 8,2015