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HomeMy WebLinkAbout2016-11-01 Zoning Board of Appeals Minutes Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen A McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Tuesday November 01, 2016 at 7:30 PM School Administration Building 566 Main Street, North Andover, Massachusetts Members present:Al Manzi III, Esq., Ellen P McIntyre, D. Paul Koch Jr Esq. Associate Members present:Alexandria Jacobs, Esq., Deney Morganthal and Nathan Weinreich. Absent Member(s):Allan Cuscia and Douglas Ludgin Albert P. Manzi III called the Meeting to order at 7:34pm Pledge of Allegiance Acceptance of Minutes June 28, 2016,August 18, 2016 Albert Manzi III stated that the minutes were tabled from last meeting in order to give the Board a chance to review them. Albert Manzi III states that a motion for approval can be made with the condition that the apology Albert Manzi III made to Mrs. Allen is in the minutes Ellen McIntyre motions to approve the minutes for June 28, 2016 and August 18, 2016. Deney Morganthal 2 d the motion Committee Reports Selectman OSGOD Committee Report there was no meeting Continued Public Hearing The Petition is for Variance(s)from Table 2 of the Zoning Bylaws(Dimensional Requirements) Ryan Schruender,for property address 54 Phillips Court, North Andover, MA. 01845 (Map 95, Parcels 35), North Andover, MA 01845 in the R4 Zoning District Continued Public Hearing The Petition is for Variance(s)from Table 2 of the Zoning Bylaws(Dimensional Requirements) Ryan Schruender,for property address 320 Pleasant Street, North Andover, MA.01845 (Map 95, Parcels 36), North Andover, MA 01845 in the R4 Zoning District. Albert Manzi II expresses his condolences for the Schruender Family for the loss of George Schruender who he notes was a great public servant to the Town of North Andover. Ellen McIntyre also expresses her condolences to the Family of George Schruender. Ellen motions to continue until December 13, 2016 Paul Koch 2"d the motion. Continued Public Hearing The Petition is for Variance(s)from Table 2 of the Zoning Bylaws(Dimensional Requirements) GERALD BRECHER c/o DONALD F. BORENSTEIN, ESQ.,JOHNSON &BORENSTEIN, LLC.,for property 271 STEVENS STREET(Map 95, Parcel 008), North Andover, MA 01845 in the R-3 Zoning District. Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Ellen motions to continue until December 13, 2016 Paul Koch 2"d the motion. Continued Public Hearing The Petition is for Variance(s)from Table 2 of the Zoning Bylaws(Dimensional Requirements) POND PASTURE LLC,for property POND PASTURE LANE @ REAR OF 575 OSGOOD STREET(Map 36, Parcel 002), North Andover, MA 01845 in the R-1 Zoning District. Bob Coppola is at the podium to speak and give an update on where the project is. He states that they have engaged the services of Lisa Eggleston who works with the Town as a peer review consultant in order to a Storm water assessment. Bob Coppola states that if there are no questions then they would like to have the Board vote and receive approval tonight going to the Planning Board tonight Albert Manzi states that there was a posted site walk that Albert Manzi III as well as Alexandria Jacobs and Nathan Weinstein attended and did a walk thru of the property in order to have a better understanding of the site and the proposed project. Ken Costello, SMRT Architects and Engineers is at the podium to speak in regard to the Lisa Eggleston Storm Water review and states that the report and design has gone thru many iterations, and that Lisa Eggleston just signed off earlier this week. There were additional sight tests per Lisa Eggleston request. Albert Manzi III states that a copy of the Storm water Review would need to be presented to the Board and asked if Mr. Coppola would like to give a brief summary of the Storm water report. Ken Costello, SMRT Architects and Engineers, is speaking about the report that was signed off by Lisa Eggleston. Some of the concerns Lisa Eggleston had were in regard to groundwater and separation from the infiltration basin. Also questions on the infiltration rates that SMRT was using on the site, and have gone back to the site twice with Geotechnical devices to get her all the required information so we could finalize our design.The soils out there are good for infiltration and so we are meeting the State requirements for infiltration within the Zone, due to the location of the site and it being near the lake there is a higher standard compared to a normal site.. Albert Manzi III asks what Lisa Eggleston review of the proposal is. Albert Manzi III asked if the planning Board requires the Storm water information prior to giving a decision He is addressing the applicant and explaining the way the Zoning Board is set up and how the Board would vote procedurally if the applicant would like a vote called today. Bob Coppola is at the podium to speak in regard to the Planning Board and he states that yes the Storm water information is required as part of the permitting process thru them. Albert Manzi III asks if it is a precondition prior to getting on the Planning Boards docket. Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Bob Coppola states that no they have met with the Planning Department prior and that the report is only required for the Decision. Albert Manzi III, speaks to the applicant regarding the Board members that are present and available to vote and that there are enough members present to vote that have heard all the evidence that being said one of the alternate board members are available to vote. Ellen McIntyre is requesting a site plan drawn to scale and that the height and size to the building comparative to the trees The applicant shows a design rendering of the proposed building and location to the building and site the new building is 713 feet from the lake Albert Manzi III is speaking to the conservation preservation committee or the conservation commission. The applicant responds that the trustees of the reservation are responsible for the properties bordering the proposed site, per Jennifer Hughes Paul Koch speaks to the fact that the reports have not been submitted to the board. Albert Manzi III states that the Zoning Board is required when asking for Variance information on Soil,Topography and shape to the lot. Paul Hedstrom is at the podium to speak in regard to the confusion and he states that they are looking for 3 special permits from Planning and 1 variance from the Zoning board. Albert Manzi III speaks to the fact that the Zoning Board may rely on Lisa Eggleston's report but that she is not the expert for the Zoning Board. He asks the applicant if they would like to close the public hearing Paul Hedstrom states that he does not want to close if the board members need more time Albert Manzi states that he has a conflict for the December 13 meeting and might not be there. Paul Hedstrom states that they are waiting for the planning board decision and that their decision is contingent on approval by the Zoning Board. He also states that this is a large project and a good project for the Town. He asks who would be at the meeting on the December 13, 2016 Alexandria Jacobs says that the report is necessary to review Ellen McIntyre states that she would like copies of any relevant information prior to the next meeting in a timely manner 3 1 j:p � ( e N a� \ e Sri 1r e z• 1 1 2 0 1 0 Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Paul Koch states that he also would like as much information as possible Motion to continue Paul Koch Ellen McIntyre 2 d the motion Continued Public Hearing The Petitioner is for a Special Permit from sections 4.122.14, 4.122.14A.b of the Zoning Bylaw (Construction of a Two Family Home in the R-4 Zoning District) Robert J. Burke Trust, for property Lot 5 Cotuit Street/0 Leydon Street(Map 47, Parcels 151), North Andover, MA 01845 in the R-4 Zoning District. Attorney John Burke is at the podium to speak, at the last meeting several items were mentioned The trees currently on the property were one of the top concerns addressed at last month's meeting.The trees in question are actually on the village green lot the branches do encroach on the 0 Leydon properties he goes on to discuss the states that are currently in the ground on the property. Item 2 is the drainage on the property he goes on to describe the conservation sign off information. Also included the bylaws for the already stating and completed condexes per the Ellen McIntyre request, also requested by Mrs. McIntyre asked for the DEP information which has also been provided. 2013 Special Permit of the five lot parcel, he is providing a copy of the decision to the board for review on the plan in front of you that was provided to you at the last meeting it gives the drainage information, item 2 is the drainage on the property he goes on to describe the conservation sign off information also included the bylaws for the already stating and completed condexes per the Ellen McIntyre request also requested by Mrs. McIntyre asked for the DEP information which has also been provided 2013 Special Permit of the five lot parcel, he is providing a copy of the decision to the board for review on the plan in front of you that was provided to you at the last meeting it gives the drainage information. Albert Manzi III asks if the board has any further questions Paul Koch states that everything about the proposed build is in conformance with the Zoning Bylaws; He also asks about if there are other two families neighboring the site Attorney John Burke shows the Board a locus map that shows the area is predominantly multifamily homes Ellen McIntyre asks about the future on one of the properties on the locus map as to if it would be a two family in the future. Attorney Burke states that if so it would need to get a special permit from the Zoning Board, but that it is currently a single family with office. Albert Manzi III asks about the landscaping information or plan Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Attorney John Burke states that yes he does have a landscaping plan for the Board to look at which he hands to the Board for their review, he also states that the developer will determine the exact layout Albert Manzi III opens it up to the public Amy Monroe 52 Village Green Drive,the multifamily home described and reads the bylaw to the Board. Congestion of the site,traffic and congestion are an issue, high population in the area this is why I opposed the proposed property also she wanted to point out that the is an addition 10 buildings Keith Connors 4 village green drive, if the trees are damaged who replaces them is that considered by the Zoning board. Trash removal aspect what can be done to make sure that it doesn't affect Village Green? Albert Manzi III states that the Board takes everything into consideration, and that the trees are the property of Village green. Attorney Burke is back at the podium and addresses the issue of trash and trees, he states that any property can be addressed by the Bylaw's and the Condex's bylaws. Also the cost of the buildings leads him to believe that the owners will upkeep their property. Albert Manzi III is the trash picked up by the town Attorney Burke states the Town does trash removal for the property and the Village Green abutting properties, He also note that the proposed home will have a four car garage,two car garage per unit. Albert Manzi III states that the plans show adequate parking for the proposed property Amy Monroe is at the podium to speak to the population density of the proposed site. She submits the plan to the Board. Albert Manzi III would like to close the hearing and vote Albert Manzi III is speaking to the process of how the vote will be called with Alexandria Jacobs voting. Paul Koch motion to close Ellen McIntyre 2nd Board is deliberating what was heard tonight they are discussing the merits of proposed plan Paul Koch motions to approve the petition of John Burke he sites all documents, plans, decisions Ellen McIntyre 2nd All in favor to grant the Special Permit: Albert P. Manzi III, Ellen McIntyre, D.Paul Koch, Deney Morganthal, Nathan Weinreich and Alexandria Jacobs. Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq., Clerk ��, /��%� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Miscellaneous Ellen McIntyre motions to approve 2017 Meeting Calendar D.Paul Koch seconds the motion All in favor of accepting the correspondence were Albert P Manzi III, Ellen McIntyre, D.Paul Koch, Doug Ludgin, and Alexandria Jacobs. Adjournment: D.Paul Koch made a motion to adjourn the meeting. Doug Ludgin seconds the motion All were in favor to adjourn the meeting: Albert P. Manzi III, Ellen McIntyre, D.Paul Koch, Deney Morganthal, Nathan Weinreich and Alexandria Jacobs. ------------------------------------------------------------------------------------------------------------------------------- Administrative: Zoning Board of Appeals Agenda November 01,2016; Town of North Andover ZBA application and documentation for Variances Ryan Schruender,for property address 54 Phillips Court: Legal Notice June 14,2016&June 21,2016,Owner Authorization letter;Quitclaim deed,Abutters list; Town of North Andover ZBA application and documentation for Variances Ryan Schruender,for property address 320 Pleasant Street, North Andover, MA.01845(Map 95, Parcels 36),North Andover, MA 01845 in the R4 Zoning District; Legal Notice June 14, 2016&June 21,2016,Owner Authorization letter; Quitclaim deed,Abutters list. Town of North Andover ZBA application and documentation for Variances GERALD BRECHER c/o DONALD F.BORENSTEIN, ESQ., JOHNSON&BORENSTEIN, LLC.,for property 271 STEVENS STREET(Map 95, Parcel 008), North Andover, MA 01845 in the R-3 Zoning District. Legal Notice August 30,2016,September 06,2016, Owner Authorization letter; Quitclaim deed,Abutters list. Abutters list Town of North Andover ZBA application and documentation for Variances POND PASTURE LLC,for property POND PASTURE LANE @ REAR OF 575 OSGOOD STREET(Map 36, Parcel 002),North Andover, MA 01845 in the R-1 Zoning District. Legal Notice August 30, 2016,September 06,2016,Owner Authorization letter; Quitclaim deed,Abutters list