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Home My WebLink About2015-10-13 Zoning Board of Appeals Minutes Town of North Andover ZONING BOARD OF APPEALS Albert A Manzi III,Esq. Chairman tAORTH Associate Member Ellen A McIntyre, Vice-Chairman .0"V- "' 76 0 Deney Morganthal D. Paul Ifoch Jr. Esq. Nathan J Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer S' CHUb Avg. Gerald A.Brown , Minutes Tuesday October 13,2015 at 7:30 PM Town Hall 120 Main Street,North Andover,Massachusetts Members present: Albert P.Manzi Esq.,Ellen P McIntyre,Allan Cuscia,Doug Ludgin and D.Paul Koch Jr Esq. Associate Member: Deney Morganthal and Nathan Weinreich Also in attendance: Gerald A.Brown Excused absence: Alexandria Jacobs Esq. Pledge of Allegiance Manzi called the Meeting to order at 7:37 Acceptance of Minutes August 25,2015,September 8,2015 Cuscia made a motion to approve Doug Ludgin second the motion Those voting in favor to approve the minutes were McIntyre,Koch, Cuscia,Ludgin and Manzi. McIntyre recused herself from voting on the August 25, 2015 minutes citing absence from the meeting. Manzi welcomed new member to the Zoning Board of Appeals Merylle Chase,Department Assistant. Committee Reports Housin$!Partnership Committee McIntyre had nothing to report on the Housing Partnership. Discussion Zoning board 2016 Meeting Schedule Manzi stated that the locations may change to the School Administration building or the Senior Center due to projected construction at 120 Main Street. Continued Public Hearin a). Special Permit Zoning District R-4. Jose Resendes 33-35 Third Street(Map 30 Parcel 21) Petition 2015-005 b).Finding Zoning District 1-2 Gregory Smith 146 Main Street(Map 40.A Parcel 4) Petition 2015-007 Special Permit Zoning District R-4.Jose Resendes 33-35 Third Street(Map 30 Parcel 21) Petition 20015-005 A Special Permit for the R-4 Zoning District is needed, applicant is requesting to convert the existing 2- family into a 4-family.Amended Page 1 of 14 October 13, 2015 � � � | Toivn ofNorth Andover � ZONING D/]A/([)/lyz/JYYIA IS � Albert P. Manzi III,Esq. C6uiomum tkORT#1 Associate Member � ��8�� `�c�Chuirmum Deney Morganthal � D.Pba{Kouh Jr. Esa /Ym��mm.KNK�inm�u& . � AllanKuscia Alexandria A. Jacobs Esq. � DwugLmdgim Zoning Enforcement Officer ACH Gerald/&, Brn)me Manzi stated at the last meeting on September 8"' that he acknowledged opnocedurul matter Mr. Manzi has made u dioo|uauro under Chapter 208/\that Mr. Sullivan had done some Architectural work for Mr. Manzi, movenu| years u8o` and offered to reuuachiooue)f The offer ofreouno| was declined by both Mr. Coffen/and Mr. 8zndb. jxuk Sullivan, engineer representing the applicant: Sullivan spoke of the original Special 9onnit ,egoemi to convert iuteomoJ|y an uxiaiiuQ two family home into u four family boruo. Since the iuyi oucedug in September, due to the concern of the neighbors, they have since unocodcd that request for the Special Permit and reduced the number of units from four tothree. Sullivan also noted that they have changed the request and reduced the number of proposed parking spaces from eight to six. Manzi stated that the applicant is going to present all materials and the board will ask questions. Manzi ouoznzontod on the um0001 of abutters, since they were all here for this hearing, Manzi wanted them 10 know that they would hear from the statuary abutters h*bbin 300 feet ofthe lot |iuol First and then if there was time additional abutters could hoheard. Sullivan spoke about were the barrels and recycling bins would be located behind the garage. He also noted new planting to help conceal the barrels and new parking spots. Manzi questioned i[this was still new asphalt. Sullivan answered tothe aifiuuo1b/e. Sullivan also commented that after u site visit with the owner the gu,uAe doors and the roof were noted and will be repaired uu part of this renovation. Parking curb cuts on Maple Street would be oxyoodud to accommodate the additional proposed parking spaces Manzi requested information on the and drainage concerns and green space and what is being done to the property Sullivan said no trees would beremoved and the hc im proposing additional shrubs and greenery. He spoke of how this home is in need of repair and maintenance, This proposal will allow the owner to invest nuuuoy into the renovation of the house and site improvements. There will be no visible change <o the building or footprint, except for potential window replacements and aiding and that this is only and internal footprint change. Sullivan spoke of the request from the September meeting that they du u neighborhood uno1ymiu of the current b000cu to abun' the number of single, two family, three family and multifamily boznuo. The owner,Reuondey` purchased this property October 2Ol4. McIotn/: requested that all butbruzudon oudkn evidence be mnnuouited prior to the meetings in regard to the handout from Sullivan marked gnd Al.l P4Do 2 of 14 October 13, 2015 � � � Toivn ofNorth'4nohve/ � ZONING BOARD (7F A}YYldLS Albert Manzi III,Esq. Chairman jA0RT#j Associate Member Ellen AMcIntyme, Vice-Chairman Dumey Morganthal D. Paa/liochJr. Esq. ��/�� @��rub� ~ � Allan Cuscia AlexantlriaA. Jaco8oEmg. DougLudgi/ Zoning Enforcement Officer � GeralfA. Bmwn Lucia is asking if there is a brief history on bop/ many single family, two family, three tanui|v" multifamily homes are io this neighborhood. Gregory Smith, representing the applicant addressed Mr. Lucia's guoa(iou on the history of the neighborhood. Manzi asked for clarification on which buildings fall within the three hundred foot radius of the proposed location. Manzi requested o|ndfioa1ion on the architectural pail ofthe y1oum and bop/ it has changed from u {onr unit proposal to the new three unit proposal and how it plays into the site plan, in the terms of parking and egress of the site. Smith uddromo`a questions on the new proposed three unit layout and design; Sullivan also explains where the three existing nncuno of egress are located. Sullivan stated that the proposed renovations will minimally change the internal structure and that there are only a few walls being taken down or relocated. Sullivan stated that the first floor would contain unit one on the left side and unit two on the right side of the building oo seen in diagram (gsd Al.l) Second floor would house the bedrooms for units one and two. The second floor would also house the kitchen and family room for unit three. The third floor would house the bedrooms for unit three. Gerald Brown requested information on unit three's second means of egress. Smith stated the there iano second exit that the code does not require one. Brown asked about fire ecyore1ioum in the building. Smith stated the only fire separations are around the stairwell. Manzi requested that Sullivan show on the lot plan where the means of egress are located. Sullivan mbdud that using the existing three Onut and side egress points each unit would have their own entrance and that there is also an exit at rear of the building that opens onto a deck. The owner will also add a fire suppression system for the building(sprinkler and fire alarms). Manzi requested clarification on which parking spots belong to which units on the lot plans. Sullivan cxp|oiuo the locations for each spot using the lot map. Each unit has two pat-king spots. The parking will be increased by 4 and both entrances have adequate sight distance from the intersection to allow for safe vehicle and pedestrian movements. Sullivan stated that the owner ivadding uu additional 2 parking spots making it u bdui of and these parking spots will conform to Town standards size. Mchitrye is requesting information on the garage located on the site and what it will be used for parking, storage or both. Page 3of}4 October l3, 2015 � Town of North Andover ZONING BOARD OF APPEALS Albert A Manzi III,Esq. Chairman t%ORTy Associate Member Ellen P.Mclidyre, Vice-Chairman a°�R�``a .°'� °� DeneyMorgarttlial D.Paullfoch Jr. Esq. , Nathan J. Weinreich Allan Cuscia * - q" �* Alexandria A. Jacobs Esq. Doug Lutlghi '* "°,gyp«« mow.. Zoning Enforcement Officer Gerald A. Brawn $ACH Brown stated that the garage is in disrepair and in need of renovations before it can be used. Sullivan stated that the owner Mr.Jose Resendes is keeping the garage. Manzi asked if Sullivan or Smith had any more evidence they want to present. Sullivan and Smith both stated that they did not. Manzi stated we can open this up to public now. Koch had the numbers and percentages for types of housing in the neighborhood and they are as follows. 58 single family, 42 Residential, 5 three family, 5 four eight family, 2 multifamily, 9 two unit condos, 2 other buildings. Attorney, Andrew Caffrey Jr., first walked to the podium and stated that he is representing JOAnn Cavallaro of 12 Milton Street and Helen Mooradkanian of 54 Third Street. Caffrey stated that these changes will come at the expense of the neighborhood. Caffrey spoke of the neighborhood and the types of homes in the area. Caffrey stated that the biggest problem is the compatibility of the neighborhood. Caffiey stated that since this property is not owner occupied and it is not maintained as other homes in the area are. Caffeey stated that the parking lot continues to be a problem and that it will be what amounts to a commercial looking lot. JoAnn Cavallaro of 12 Milton Street walked to the podium. Cavallaro opposes the conversion of 33-35 Third Street from a two family to a three family, I respectfully request that the board deny the request for a Special Permit on behalf of the owners of record Scott W Nelson, J&M Realty Trust. Cavallaro submitted naps into evidence, which establishes the consistency of use in the Library District. Current use map, Owner vs Non Owner Occupant map, and the Neighborhood map, density, street scape, historic properties, conditions and promises. Cavallaro got her information via the abutters list and the use code of each property. On the Current use map there are 34 Abutters and 38 parcels which are made up of 16 single families, 7 on Third Street, 8 are on the streets that intersect with Third Street and 1 is on Main Street. The majority of the homes are single family. 11 are two families, 2 are on Third Street granted by Special Permit in the last decade, and the remainders are on Main Street and behind the Third Street project running down toward the Waverly. There is 1 three family on third street owned by the Conte family and has a very small footprint on Third Street with no parking lot. It was built by George Smith and was built in the 1889 and 1890 as a duplex and was the only multi-use home on this street until presumably the 1970's. There are 4 condos on Maple and Stonington which are behind the project. There are 5 land parcels, there is 1 business which is Conte and was established as a funeral home in 1957. There are zero multi-families. The houses on Third Street were built with the purposes on being single family homes for the time which were senior managers and administrators of the Mills, which is different than the more multi-family which is use behind the Third Street project. On the Owner vs Non owner occupant map out of the 34 abutters and the 38 parcels, 28 are Owner occupied, 16 single family Page 4 of 14 October 13,2015 � � � Toivn ofNorth Andover ZONING BOARD 0F APPEALS � � /40mrt AMumzi 111,EvuChuirmam tkORTFi Associate Member Ellen AMcIntyre, Vice-Chairman 0 D«aey Morganthal D. Xaa]Koch Jr. Esq. Nathan Weinreic0 Allan Cusc/u Alexandria A. Jacobs Esq. Doug Ludpir Zoning Enforcement Officer AcHUS GeruNA, Bro,vm and 7 two families, The Conte three family has an on-site owner is under the owner 000npbod nuouho,u. Data information was gathered tknu the abutters list. 4 properties are non-owner occupied all are two faniUum^ 3 of them are on Maple Ave, and l is on Main 8becC. The third map io the neighborhood map ebovvm a distinct ddftrouuc in use from the |ioo where the neighborhood starts on Third Street and the streets that insect with Third Street, and that heading toward the Library are considered by North Andover residents tobo the Library neighborhood. Manzi let Cavallaro know that she has about 2 minutes to wrap it up in order for other people to be able to ayook. John Lyons, 65 Third Street walked up to the podium and stated that they are very apprehensive about the absentee landlord(s) and the first time any of the neighbors had heard of any renovations was when they received the Legal Notice from the Town of North Andover in August. Lyons stated that this proposed project rvoo|dimpuutbnffiu. Lyons spoke of how this property im neglected. Lyons that parking infront of the old barn (gu,o8o)would impede the sidewalk use. Renee S1adc` 25 Dod)y Street walked up to the podium and stated that she had been before the Board previously with great result and that her question is to how the nubu p/on)d be numbered and how that would affect other homes on the street. Jomq?bCavaUeoo, 12 Milton Street walked up to the podium and stated that the neighborhood is primary made up of oiog|o and two family mbde|v bozuen and that this project will set u president that this neighborhood is prime for development. CavuDoro asked the Board hm ooypeutfhl|v reject this project. Timothy Vaughan, 24 Obbd Street walked ny to the podium and stated has owned the property across the street for |9years, }5of which ke lived at the property and that this imaclose knit neighborhood and that there are mostly single or two family buzoea. Sullivan walked Lip to the podium to address the concern on this being a rental property and not an owner occupied building and that bo did not feel that this oboo|d weigh in oo how the Board makes its decision. He also stated that there are presently two curb cuts for the property and that at the end nf this there would utU| only botwo curb cuts. He also reiterated that there would not bu any exterior changes and that the Historical view of the building would not change and that the garage would be fixed. K4uuzi asked Sullivan bovv he responds 10 the fact that this looks to be a predominantly oiug|o to two family neighborhood. Sullivan responded that this is unR-4 District and that there are several two family and three family booueo as well as businesses in the area and that this is again auR=4District. Manzi asked if anyone had anything else they wanted to submit to the board. Sullivan said that they did not have anything else. Page 5o[l4 October ]], 20l5 Town of North Andover ZONING BOARD OF APPEALS Albert A Manzi III,Esq. Chairman 0 t&0RTf1 Associate Member Ellen A McIntyre, Vice-Chairman 1'5"a 0 Deney Morganthal D. Paullfoch Jr. Esq. Nathan J Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer � sACMUS Gerald A. Brown Koch has the percentages for the neighborhood per the applicants map, which has, 58 single family units 47.93%, the public testimony has 16 single family units in the abutters 300 foot zone which equates to 48% which is the same. Two families the applicant shows 40 units which is 33% the abutters shows 11 two family or 33%. Three families the applicant shows 5 for 4%,the abutters show I which is 3%. Multi- families the applicant shows 4 units for 3%, the abutters list shows none. Condos the applicant shows 9 which is 7%. The abutters show 4 which is 12%. Businesses, the applicant shows 2 for 1%. The abutters show I for 3%. Cuscia moved to close the meeting Ludgin second. All in favor to close Cucsia,Manzi,McIntyre,Koch and Ludgin 5-0 in favor to close The Board deliberated on what they heard tonight. Manzi stated that the Board had an application for a Special Permit the only question as it relates to the by-law as it is contained in the by-law and what are the facts. Motion to move it requires four votes. McIntyre made a motion to grant a Special Permit at 33-35 Third Street under Section(s) 4.1.22E and 4.1221) in the R-4 District of the Town of North Andover Zoning Bylaws. McIntyre referenced all the plans, pages, and maps that were submitted by the applicant, along with the associated dates and person/business that prepared the plans. Cuscia seconded the motion. All in favor to Grant this Special Permit: Koch Not in Favor: Manzi,McIntyre, Cuscia,Ludgin 1-4 denied Manzi requested a short recess and returned back at Request for a Findinj! Finding Zoning District 1-2 Gregory Smith 146 Main Street(Map 40.A Parcel 4) Petition 2015-007 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 is just a discussion and not considered a hearing. Page 6 of 14 October 13, 2015 � � � � Town ofNorth Andover Z7&90G BOARD OF APPEALS Albert P.Manzi III,EsmChairnmou Associate Member � Ellen P.McIntyre, Vice-Chairman Deeey Morganthal D. Paul Koch Jr. Esq. /Vu1�mm.� ��/rxjc� � ' � Allan Cusxi« A&exm ilria A. Jacobs Esq. � � ��wugJCxdg�� Zoning Enforcement Officer � ATED US GenaWA. Brwwm � Manzi also disclosed that years ago both he and the applicant, Smith did work for each other. There was no conflict ofinterest. Manzi asked Kutrubes if he felt that this would be a problem,Kutrubes responded no. Manzi spoke about Kjutruhea was utthe ZB/\meeting in September m1 which time they requested the boudnguud`°oruQiviogiufboouii000nbop/totbuuoliyxegnooteudbeuriogvvhhdhcZB&. Manzi stated that Kutrubes was in last month informally to talk about the hearing}{otn/beo was looking ho have this month,you perfected the filing with respect to the Notice that had gone out. Manzi asked}-L/buboaifbe was appealing the denial letter from the Building Inspector, Gerald Brown,to you oc your client. Kutrubes stated that until recently there was no formal response from the Building Inspector's department in regard inspection and enforcement of code violations of the pump station. Manzi requested acknowledgement from Kutrubes of the receipt of the denial letter from the Building Inspector's Department. Manzi stated that the hearing ia now open. I)ougLudgiu also disclosed that bewas a former owner of Sutton Pond Condos and that his mother is currently one o[the owners ofo Sutton Pond Condo. Kutnibee conferred with Smith and the offer o[n:uoea|was duuUood. Qububoa stated be wanted to narrow what they are asking the Z8Ato do.Kobubeo stated that greater issue ia the code and the requirement for permits, hoopeo\i000 and engineering io regard 10 the current pump station. Manzi clarified that the enforcement request stems from generally a Special Permit from the Planning Board for when 8g1ou Pond Condominium where developed. There was language in there relating to u sewer pump system broadly that gets it here under Chapter 40A when they asked the Building Inspector todo something which bo may or may not bo able todo. Kntrobem stated that this im mainly about the code enforcement part. Kut ohcotbuornfenedna original Site Plans dating back to 1993-1986. These plans show the lay out of the area and of the pump prior to the development of Sutton Pond Condominiums. Kutrubes states that according to the Special Permit to build, Sutton Pond was supposed to raze the said pump station and build a new station for Sutton Pond and a new separate one for my client's building. Clearly that was not followed;however the one for Sutton Pond was constructed sometime prior to 1993 before my client purchased his building. There is no permit on record for the construction to the new Sutton Pond pump. Kutrubes could not find any permits on record for the pump and stated that the next permit on record for Sutton Pond that he could find was in the early 2000's to build a shed that houses the purnp station. Page 7nf14 October l3, 20l5 � 2o14,n ofNorth Andover � ZONING BOARD OF APPEALS Albert A Manzi III,Esq. Chairman 0 tt0RT#j Associate Member Ellen P.McIntyre, Vice-Chairman Dumey Morganthal D.Pam/Koch Jr. E� �d�e*� �o�� ^ � Allan Cusxia Alexandria A. Jacobs Emq, DwugLudpin 41 Zouiug Enforcement Officer � ��a�A. Bmvme � Manzi asked for uludfica1i000f what kind o[system this iaiu regard tou forced pressurized system oo � stated. | Kutrohes answer that he equates this system to a septic type system. Manzi stated that septic systems usually fall io the purview u[the DPW and asked K-ntrubuuifbo had any contact with that Department regarding this issue. K-ubnbnx stated that their comments were that permits were not required. Cuociu asked Kobuhosi[be had contacted the Town's Plumbing inspector, Knbuhoo said be would not speak to him and referred him<o the DPW. Manzi stated that his recollection was there were many documents ruined in a flood and that may be the reason uo records were found for Sutton Pond. Smith ia now sitting with Kutrubes at the podium table. Kutrubes states that the Special Permit wasn't complied with, and that part of it is that it has been Litigated,Judgements,and Arbitration Awards etcetera. Manzi stated that this is relevant, in that fact that this went to Arbitration and there was an Arbitration /\vvarJ, then what authority does this Board have to interfere with ao Arbitration Award that has uiroudv gooethru. Kutrubes stated that the Arbitration Award laid down how the pump station was to be constructed in general terms, but that does not negate the need for the pump station to be designed, engineered and permitted. The underlying thing is not negating what happened in court but to comply with a code and permit with general engineering standards. Manzi asked bovv do you rip out an existing system and build aoovv one. After the Arbitration Award was there an application for u permit to iuutuU uocxw syob:nu? Kutrubes stated that the only permit pulled was for the construction of the shed over the existing pump station. That is when it went to Arbitration and the Arbitrator made a determination on how the pump system was tnbeconstructed. � � Kutrubes stated that upon speaking with both the DEP and Code Enforcement Officers he was told that | the system has never been iucompliance. � McIntyre asked Kutrubes why he hadn't gone back to arbitration if Sutton Pond was not in compliance � � with the award. Why ia this in the Zoning Board of Appeals instead of in the court system? Page 8of 14 October l3, 20l5 � � Town of'North Andover ZONING BOARD OFAPPEALS Albert P.Manzi III,Esq. Chairman tjORTH Associate Member Ellen P.McIntyre, Vice-Chairman � � »� °L Deney Morganthal D. Paul Koch Jr. Esq. Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. a" Doug Ludgin °+a 1... * Zoning Enforcement Officer ASS CHUS�� Gerald A. Brown Kutrubes responded that ultimately it still comes down to the Town of North Andover and their Code Enforcement Officers to do the permitting processes for the designed, engineered and constructed pr'ope1'ly. McIntyre stated that this is at a state level with Arbitration. Kutrubes stated that the Arbitration has been over for 10 years. Manzi asked when the current pump system was installed. Kutrubes stated that according to Sutton Pond new pumps were installed in 2012. Manzi asked if a permit was ever pulled for this pump system. Kutrubes stated that electrical permits were pulled but that no permits were pulled for the actual pump system. Manzi and McIntyye both asked if a permit was required or if no permits were pulled because they were not required for the pump system. Kutrubes stated according to the DEP,which were non-specific,the Town was able to tell me several areas that were out of compliance, such as the wet well size and the proximity to the building. Cuscia asked how come a plumping permit was never required it is connecting to a sewer system. Kutrubes stated that he would say it is required but it was never pulled. This is why we have come to the Town. To inspect and tell us what is needed. Cuscia asked how this is in the purview of the Zoning Board of Appeals. Kutrubes stated that is why lie has come to the ZBA with the Building Department. To get the codes inspected and enforced,whatever is required. Manzi stated that while some boards are allowed by statute to act as code enforcement, it is unclear if the ZBA is comprised in the way.He asked Kutrubes to provide the Board with authority language that states the ZBA is allowed to do so. Smith stated that our rules,regulations, and mandates call for the ZBA to protect the safety welfare and water lands. Manzi stated although 40A is a Zoning enforcement component. Page 9 of 14 October 13, 2015 � | � 7bnn ofNorlh Andoi�er / ZONING BOARD 0yA/P/AlS � Albert A Manzi III,Esq. Chairman IAORTH Associate Member Ellen AMcImlym, Vice-Chatraau Demey Morganthal 0\Pwillfo/0Jr.E� ��eo� �� ^ � Allan Citsoia Alexandria A. Jacw0wEmg. DotigLm/lon Zoning Enforcement Otboxr � Gorah/A. Bromn Kutrubes stated that when this started six months ago KutrLibes and Smith's goal was to avoid litigation and gotbro the town. Smith and Kutrubes stated that they have brought this issue before the Director of the Board o{Health and that he visited the sight and found noissue. Manzi asked if Kutrubes and Smith appealed the Director's decision to the Board of Health. K-utrubes and Smith stated that no they did not file an appeal with the Board of Health. Cuscia asked if they considered going to the Housing Court. That the Housing court has Arbitrators and Mediators that would settle matters like these. Manzi asked who owns the pump now. Kutrubes stated that the ownership of the pump and shed are under debate,Kutrubes and Smith believe Sutton Pond owns it and Sutton Pond believes Smith owns it.Approximately 4-5 years ago we tried to get uu engineer 0o look ul the pump totiyu permit pulled. At that time Sutton Pond refused. &ubnbce noted the Stoo1uc letter dated June 26,2OO7ioa synopsis of what vve feel ia the issue. What p/c are looking for is what the code requires. There are many health and safety issues.If the Board does deem authority, there are a lot of other issues that have continued and not been addressed; such as the issuance of Permits,for Szuidba building without his oouuoo1. Manzi asked for clarification o[Kukoboo statement regarding the issuing of electrical permits for Smith's building. Kutrubux stated that the electricity for the pump system ia supplied by Smith's building. Smith stated that they have requested that if permits are pulled they would like to see an engineering plan and/or design for the pump system. Manzi asked if there ioun easement for the property. Kutrubes stated that there is not an easement for the property, but there is a license. Manzi asked for clarification on what the license iufor. Koin/heo stated there was a pre-existing agreement for electricity. Manzi asked what the Arbitrator's decision was. Kutrubes stated required the duplex pump system with the controls,that it must meet the Town requirements, State building and plumbing code. Page l0o[]4 October 13, 20l5 � � � Toii,n QfNorth Andover � ZONING BOARD 0F APPEALS Albert A Manzi 1Y1, Esq. Chairman tAORTtl Associate Member Ellen P.McIntyre, Vice-Chairman Deney Morganthal D. PbafIfoc# Jr. Esq. Nathan J. We/ero/ch AllamKuscim '4lexam(lria A. Jacobs Esq. | DomgLulgix Zoning Enforcement Officer � A is &eroNA. Bm`mm Smith andKutn/beu cited the pictures showing the pump is Currently working, but is leaking whenever the pump iaengaged. Manzi and Koch asked Kutrubes and Smith if the pumping station is for Sutton Pond as well as his building. Dububea and Smith stated that the pumping station ia only for Smith's building and that Sutton Pond has their own m1ubno. Koch asked why Sutton Pond is responsible for a pumping station for Smith's building. Smith refers to a lot plan frorn the registry of deeds that shows where the old pump station was to be raised per a Special Permit for Sutton Pond as part of the construction. Smith describes the construction of a new pump station was constructed sometime after 1993 but before Smith purchased the property. Smith states that bo could not fiudany permits for the pump station. Smith and Kutrubes stated that the pump is currently leaking raw sewerage. They are looking for an enforcement order so it can be repaired,but as it stands now they would need Sutton Ponds approval. The board discussed the issue of who im responsible for the repairs. Smith stated that the pump has been in failure since January 15, 2015.At which time he filed complaints with the Town's Plumbing Department, Building Department,Electrical Department and Board of Health, with noresponse until March 17,2015` a1 which time the frozen pipe let go and into 8nzitb`o building. The Board discussed ifmhow they hme 'udadiotiooto resolve this issue. Coaciauoked Smith and I{ubnbea, citing Brown's letter dated September 17, 2015 if this was litigated and ifo Settlement Agreement had been reached. Smith and Kutrubes answered that yes this has been litigated and that a Settlement was reached.Kutrubes stated that they are looking for the Town to enforce the code requirements. Smith and Kutrubes stated that they have been asking for the Building Department to come and inspect the pump station and that no inspection has happened. Kutrubes stated that in 2002 when the system had a total failure that they went back to Superior Court and that Sutton Pond installed new pumps. Kutrubes also stated that no permits could be found for the installation of said pumps. Brown stated that he has been out to the site and walked the site several times with Smith. Kobuhea acknowledged that Brown had been tu the site recently. Page llofl4 October 1], 20l5 � � � � Ton Amb�r 2O\Q9VG BOARD(}yAPPEALS � Albert A Manzi III,Esq. C8mbrouuu 0 tkORT#1 Associate Member � Ellen P.McIntyre, Vice-Chairman 0eney Morganthal D. Paul Koch Jr. Esq. Nathan lWeinreich Allan Cmcix A8xm (lria A. Jacobs Esq. Dwuy&mdeim Zoning Euh,,uomoot0fOcm Qerali/A. Bromn Cuscia and Brown asked Smith and Kutrubes why they don't go back to the Arbitrator or the Board of Health. Kutrubes showed a video which he states was shot in September after Sutton Pond repaired the pipe vvhiub shows the pump still leaking raw oevve,ugo. h4unxi asked l{utrubom what ie Sutton Pond position on this pump xte1ino. Manzi asked the gallery ifthere isu representative from Sutton Pond here. Attorney Charles Vander Linden representing Sutton Pond walked tip to the podium to respond. Sutton Pond disagrees with Smith on everything alleged factually,and that this case has been going on since 1999. Litigation filed by Smith in 1999 in which lie alleged a problern with the Special Permit issued in 1992. Later there is a Settlement Agreement which is signed and adopted by the court in August 2004, which Smith waived several complaints in which the Special Permit was one. Manzi asked if after the Settlement agreement did Sutton Pond install u new pump system,and when were they installed. Vander Linden stated that two new pumps were installed in 2012. Vander Linden stated that per the court agreement in 2004, and Arbitrators Award along with two clarifications in 2005, Sutton Pond purchased the pumps toepoubfioo||v adhere to award. Smith did not allow any permits kubo issued for the wiring uf the pumps. 3o the pumps sat ouiumiaUcd until the system failed in2OO9. Manzi asked if any permits were issued for the installation uf the pumps. Vander Linden stated that the engineering reports by state that this work,would be a repair to a current system and that no permits were required. United Compressor who produced a certificate to Sutton Pond stating that Sutton Pond has adhere to everything outlined in the Arbitration Award and that the purnps were installed in compliance with all applicable codes.He also stated that United Compressor were the people who were io contact with the Town who concurred with the engineers report. Vander Linden stated that the Arbitrators Award was very specific on who owns the pump. It states that Sutton Pond must install two injector pumpouuddbomudoptamaintmuuoougroumuotwdbSmitbbokeeptkemnpood running for three years. When that three year period is over all responsibility for this system lies with Smith. They were installed io2Ol2, iu July of2Ol4 Smith padlocked the building to prevent United Compressor from being able to go in and due its inspection at which time they were doing quarterly inspections. Sutton Pond made clear in writing to Smith that if he chooses to cut short that three year period that after July 3,2014 the pump is the responsibility of Smith due to the fact that he has disallowed access to the pump for the guudcrlv oon/ioc. Manzi asked why Sutton Ponds engineers are still going in if this is now Smith responsibility. Page 12 of 14 October 13, 2015 � � � � � � � Tow Ax�m ZONING BOARD VyAPPEALS � � Albert P.Manzi 111,Esq. Chairman OORTH Associate Member � Ellen Vice-Chairman Deaqy Morganthal � lkPam/Ifoch Jr. Esq. 0 Nathan Weinreich AllanKitmbx Alexandria A. Jacobs Esq. DougLut1ein Zoning Enforcement Officer GeruldA. Bromn AC US Vander Linden stated that as of July 2014 Sutton Pond still had approximately 8 months left of the service contract per tile settlement award. Manzi asked whose pipes are they, is there an easement,for the land and pump. Vander Linden stated that request for an easement has never been requested. That Smith is responsible for the system. If there is a need to replace the large main pipe to the system then Sutton Pond and Smith would equally share in the cost. Otherwise the pump ubdioo is uoin|Y Smiths responsibility. Manzi asked if the board had copy of the settlement agreement. Kidrubua stated that be gave one to Mr. Brown McIntyre asked for clarification of which pump was Smith responsible for. Vander Linden explained using the plot map displayed. Manzi asked for a copy of the Settlement agreement and both Kutrubes and Vander Linden said they would provide a copy tothe ZB/\. Vander Linden also made mention that the 8ett1oruuu<became u court order August 04,2004,vrboru u Superior Court Judge uoordered. The Board discussed and then requested that all relevant documents be submitted to them by the next ZB/\ meeting ou November l8, 2U|5. With that being said Kutrubes signed the waive continuation form and gave it to the Zoning Assistant. McIntyre motioned to continue this hearing for November 10,2015. Koch second the motion. Those in favor to continue the hearing for November 10,2015,Manzi,McIntrye,Koch, Ludgin, and Cumoia. ____________________________________________ Miscellaneous Correspondence u). CUA99/\ b). Attorney General Approval for the 2Ol5 Annual Town Meeting c). OSGOD Application received from the Planning Board(Osgood Solar LLQ 10:42 Mubutrye made u motion to adjourn the meeting. Page l3ofl4 October l3, 20]5 Town of North Andover ZONING BOARD OFAPPEALS Albert A Manzi III, Esq. Chairman OORTH Associate Member - I... - Ellen P.McIntyre, Vice-Chairman 0 `1`2 Deney Morganthal D.PaulIfoch Jr. Esq. Nathan J Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoifltig Enforcement Officer A* A US Gerald.A.Brown Koch second the motion All were in favor to adjourn the meeting: Manzi,McIntyre,Koch, Cuscia,and Ludgin Meeting Materials October 13 2015 Zoning Board of Appeals Agenda August 25,2015 Meeting Minutes September 8,2015 Meeting Minutes a). Special Permit Zoning District R-4.Jose Resendes 33-35 Third Street(Map 30 Parcel 21) Petition 2015-005. • Site Plans/Plot Plan prepared by Sullivan Engineering Group,LLC. 06/05/2015 revised 09/18/2015 GSD-15-008 ALO, ALL,A1.2,A1.3. b).Finding Zoning District 1-2 Gregory Smith 146 Main Street(Map 40.A Parcel 4)Petition 20015- 007 • Gerald Brown,Inspector of Buildings Town of North Andover letter dated September 17, 2015. • Peter L.Kutrubes,Esq.Proof of Service-Letter of Request for Enforcement. • Stantec letter dated June 26,2007,File 195111296 • United Compressor&Pump Services, Inc. letter dated January 10, 2006 • Norfolk Rain Group letter dated January 16, 2006 • Town of North Andover Planning Board Notice of Decision dated December 22, 1992 BK3675 • American Arbitration Association, Award of Arbitrator dated October 18, 2005. CHAPA letter dated September 9,2015 Attorney General Approval for the 2015 Annual Town Meeting OSGOD Application received from Planning Board (Osgood Solar LLC.) Page 14 of 14 October 13, 2015