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Home My WebLink About2016-10-11 Zoning Board of Appeals Minutes Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre Vice-Chairman Deng anthal Y Mor g D.Paul Koch Jr.Esq., Clerk °,� �� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Tuesday October 11, 2016 at 7:30 PM Senior Center 120R Main Street, North Andover, Massachusetts Members present:Albert Manzi III, Esq., Ellen P McIntyre Associate Members present:Alexandria Jacobs, Esq., and Nathan Weinreich. Absent Member(s): D. Paul Koch Jr Esq., Douglas Ludgin, Allan Cuscia and Deney Morganthal Albert P. Manzi III called the Meeting to order at 7:35pm Pledge of Allegiance Albert P Manzi III, addresses the public and explains that the Board is comprised of five members with 3 alternates but tonight there are some excused absences, however we do have a quorum for the purposes of having a meeting but applicants do have the opportunity to have five members present to go forward with their petition, so some of the petitions on the agenda have elected to continue until the November 01, 2016 meeting date. Minutes:This item will need to be tabled they are still under review Moved by Ellen McIntyre All in favor: Albert P Manzi III, Ellen McIntyre, Alexandria Jacobs and Nathan Weinreich. Committee Reports Selectman OSGOD Committee Report Alexandria Jacobs stated that the Committee is reviewing the Overlay it's the relevance to or for the Town and if it needs to be changed/amended.The next meeting is tentatively scheduled for October 27, 2016 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. Chairman Manzi, states that the ZBA received a letter from Attorney Brian Vaughan dated October 4, 2016, requesting to continue the matter until the next regularly scheduled meeting of November 01, 2016, a time waiver has also been filed with the ZBA assistant. No evidence will be heard tonight. Ellen McIntyre made a motion to continue until November 01, 2016 Nathan Weinreich seconds the motion. All in favor: Albert P Manzi III, Ellen McIntyre, Alexandria Jacobs and Nathan Weinreich. Chairman Manzi declared the hearing continued. lIZp � (, e 6Vcla� Crel I1 ,, 20 1 Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre Vice-Chairman Deng anthal Y Mor g D.Paul Koch Jr.Esq., Clerk °,� �� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger 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. Chairman Manzi, states that the ZBA received a letter from Bob Coppola dated October 11, 2016, requesting to continue the matter until the next regularly scheduled meeting of November 01, 2016, a time waiver has also been filed with the ZBA assistant. No evidence will be heard tonight. Ellen McIntyre made a motion to continue until November 01, 2016 Nathan Weinreich seconds the motion. All in favor: Albert P Manzi III, Ellen McIntyre, Alexandria Jacobs and Nathan Weinreich. Chairman Manzi declared the hearing continued. Continued Public Hearing(Continued to November 1, 2016) 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. Chairman Manzi, states that the ZBA received a letter from Attorney Borenstein dated October 05, 2016, requesting to continue the matter until the next regularly scheduled meeting of November 01, 2016, a time waiver has also been filed with the ZBA assistant. No evidence will be heard tonight. Ellen McIntyre made a motion to continue until November 01, 2016 Nathan Weinreich seconds the motion. All in favor: Albert P Manzi III, Ellen McIntyre, Alexandria Jacobs and Nathan Weinreich. Chairman Manzi declared the hearing continued. New 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. Nathan Weinreich read the legal notice. Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center located at 120R Main Street, North Andover, MA on Tuesday, October 11, 2016, at 7:30 PM to all parties interested in the petition of 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. The Petitioner is requesting a Special Permit from sections 4.122.14, 4.122.14A.b of the Zoning Bylaw (Construction of a two Family in the R-4 Zoning District) is required from the Zoning Board of Appeals. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: 2 1Pp (, e Ocl (� b l I 1 20 1 Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre Vice-Chairman Dene anthal Y Mor g D.Paul Koch Jr.Esq., Clerk °,� �� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger September 27, 2016 October 4, 2016 Chair Manzi, addresses Attorney Burke and explains that the Board is comprised of five members with 3 alternates but tonight there are some excused absences, however we do have a quorum for the purposes of having a meeting but applicants do have the opportunity to have five members present to go forward with their petition. Attorney John Burke is at the podium to speak in regard to the application for Special Permit to Construct a new two family home. He states that he would like to make a brief statement and then here from the public in regards to their comments/concerns. Attorney John Burke states that this area is considered the Library district he goes on to explain in general the reasons behind the Library District within the R-4 Zoning District. Attorney John Burke show the Board a locust of the original 5 parcel locust that belonged to Attorney Burke's grandfather. Lot 5 Cotuit/0 Leydon Street is the last parcel to be developed; the 3 of the other 4 lots have been developed and received Special Permits from the ZBA to build two-family homes on them he goes on to state that the neighborhood is primary made up of two family, multifamily homes and the Village Green Complex. Attorney Burke also describes how to access Leydon Street thru Village Green. Chairman Manzi, asks Attorney Burke to clarify as to whether Leydon Street is a thru street or if as stated by Attorney Burke it was stopped and does not connect to Cotuit Street. Attorney John Burke states that the Leydon Street does in fact stop approximately 60 feet past the subject property and does not connect to Cotuit Street. Ellen McIntyre asks if all the Streets in that area are private or public. Attorney Burke states that all the Streets Kingston, Cotuit and Leydon are all public streets. Chairman Manzi, asks if the neighboring properties are commercial or residential. Attorney Burke states that they are all residential. Chairman Manzi, asks Attorney Burke to describe the style of the two-family home that was chosen for this proposed project. Attorney Burke states that as stated it's a two-family condex very similar in style and size to the other three units previously built.They are each have three bedrooms with a two car garage and are 1792 square feet per unit, which is a bit smaller than the homes on Cotuit Street which are part of the same locust. Each unit has separated entrances and a porch on the back they also have front, side and rear yard space. Chairman Manzi, asks if Attorney Burke is seeking any dimensional Variances. 3 1Pp (, e Ocl (� b l 1 1 ,, 2010 Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre Vice-Chairman Dene anthal Y Mor g D.Paul Koch Jr.Esq., Clerk °,� �� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Attorney Burke states that no Variances are needed for this proposed project. Ellen McIntyre asks why there are two addresses listed on the application. (Lot 5 Cotuit and 0 Leydon Street)? Attorney Burke states that the Town has is as Lot 5 Cotuit and 0 Leydon Street, but he believes the Post Office will be 0 Leydon Street but because the Locust was Cotuit Street it was lot 5 of the original 5 lot locust. Chairman Manzi, asks about the topography of the property and whether or not it has a slope to it in regard to water runoff and how that will be addressed? Attorney Burke states that the property is lower than the abutting Village Green property in the rear but that the parcel itself is relatively flat. He also notes that there is wetland s and that he does have an extension from Conservation that is good until next October. Chairman Manzi, asks if the roof will have gutters to accommodate the rain water. Attorney Burke states that yes there will be gutters on the proposed project. Chairman Manzi, asks Attorney Burke to describe the outside of the building and the look of the facade. Attorney Burke states that he believes it would be Single Cedar Siding, a traditional roof,the developer may want to try vinyl siding or a new hardy plank siding. Chairman Manzi, asks if there is a landscape plan to accompany this application. Attorney Burke states that a landscape plan has not been developed yet, but he believes it will fall in line with the other Buildings with Brick paver walkways and a substantial landscape design, as well as a lighting design. Alexandria Jacobs asks if there is anything that divides the property with the property of Village Green such as trees, other vegetation or a fence. Attorney Burke states that there is a street between one sections of Village Green and there are trees and other vegetation as well as a slope to separate the properties. There is also a significant rock wall that was built for conservation purposes 10-12 years ago which is in the back of the property. Alexandria Jacobs asks if there is any though to create something to divide the properties such as trees or a fence. Attorney Burke states that there is already a natural divide with trees. Chairman Manzi asks if there are any statutory abutters that received a notice, who would like to speak. 4 1Pp (, e Ocl (� b l 1 1 ,, 2010 Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre Vice-Chairman Dene anthal Y Mor g D.Paul Koch Jr.Esq., Clerk °,� �� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Dhiren Bhatia, 12 Village Green Drive is at the podium to speak. Mr. Bhatia states that some of the concerns that he has is that there hasn't been any consultation with the condo association in regard to this lot.This mainly applies to the drive and Leydon Street issues it's written down as a public way but it is plowed essentially by the private company hired by the condo association. There are wetlands and pond concerns which is inhabited by wildlife.This is very important to Village Green especially the trees. There are markers in the ground which are within a few feet of the trees.These are very large Oak trees and any construction could have a direct impact on these trees. Which are not shown on the survey plan that I saw on the plans at Town Hall. Another concern is the facade of the proposed building, Village Green is mainly brick facades and this new construction with cedar or vinyl siding and quite large it would not fit in with the adjacent properties.This would take away from the uniformity of the area. Amy Monroe, 52 Village Green Drive speaking on behalf of her mother Diane Hessen (owner) is at the podium to speak, Ms. Monroe states that she has several concerns regarding this proposal,the first being the infrastructure such as gas,water, sewer and electric would represent major disturbances to Village Green residents, another concern is the entry to this property is thru Village Green which makes no sense to have non Village Green residents would need to go thru the only entrance and exit of a complex to access a home. Village Green is already densely populated and congested. Another concern is the addition vehicles and traffic this would add to an already congested small area. This would greatly lower home values especially to the homes directly abutting the proposed sight. Has an Environmental wetland or feasibly study done for this property?The destruction and elimination of open space is in direct conflict with the Towns Master Plan. Chairman Manzi states that it is a privately owned parcel of land and is not open space and that by right the owner of the property can build a single family home of the same size or larger without having to come before the Zoning Board of Appeals. Keith Connors, 4 Village Green Drive is at the podium to speak, Mr Connors has been a resident of North Andover since 1994 and his concerns regarding the proposed application is that the compex is below the street and the property slopes down and he has in the past had water issues. The parking for some of the Village Green residents abuts the property and there are four very substantial trees that line the property edge of approximately 50 years or older. Chairman Manzi asks to whom the trees belong. Attorney Burke states that he does not know to whom they belong or exactly what trees are being referred to. Keith Connors states that he doesn't know what the foundation footprint is but the stakes that are currently in the ground on the property currently look to be only a few feet from the trees. Chairman Manzi states that the plan submitted to the board show that the proposed structure will be within and meet all required setbacks for zoning. 5 1Pp (, e Ocl (� b l 1 1 ,, 2010 Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre Vice-Chairman Dene anthal Y Mor g D.Paul Koch Jr.Esq., Clerk °,� �� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Keith Connors states that the trees make the property more valuable and attractive but then you have a sloping grass and these substantial trees that border the parking lot and separate the different buildings and give you the sense of nature. Mr. Connors also speaks to the proposed building not being uniform with the Village Green properties. He also makes note that the Village Green residents currently use the lot as their open space/green area and park cars on it as well as the kids play on it. Mr. Connors also mentions that this might be wetlands and he would like that looked into more. Joanne Lavalley, 6C Village Green Drive, is at the podium to speak and states that she has printouts pictures of the trees and offers them to the Board for evidence. Chairman Manzi takes the printout of pictures into evidence. Attorney Burke wanted to make a note based on people's comments about the stakes that are on the property. Attorney Burke states that those stakes are wetland delineation stakes and not property or foundation stakes. The Board is discussing the pictures and the comments made by Attorney Burke. Joanne Lavalley says that the concern she has is about the trees and was also about the stakes that are on the property, and the fact that the proposed building is of substantial size and looks to encompass most of the green space. Another concern is that the property sits lower than the Village Green property and the amount of fill that would be used might cause a drainage problem and might damage the trees. Chairman Manzi asked Attorney Burke if he would like to continue to the next meeting scheduled for November 01, 2016. Attorney Burke states that yes he would like to continue. Ellen McIntyre motion to continue until November 01,2016 Nathan Weinreich 2nd the motion Chairman declared hearing continued. Miscellaneous Correspondence 2017 Meeting Calendar, CHAPPA Letter dated 09/19/2016, CFTC Workshop Flyer dated 09/20/2016 Adjournment: 8:54pm Ellen McIntyre made a motion to adjourn the meeting. Nathan Weinreich seconds the motion All were in favor to adjourn the meeting: Albert P. Manzi III, Ellen McIntyre, Nathan Weinreich and Alexandria Jacobs. 6 1Pp (, e Ocl (� b l 1 1 ,, 2010 Approved 1211312016 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre Vice-Chairman Dene anthal Y Mor g D.Paul Koch Jr.Esq., Clerk °,� �� Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger ------------------------------------------------------------------------------------------------------------------------------------------------------- Administrative: Zoning Board of Appeals Agenda October 11,2016;2017 Meeting Calendar,CHAPPA Letter dated 09/19/2016,CPTC Workshop Flyer dated 09/20/2016 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;Quick claim 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;Quick claim 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 June 14,2016&June 21,2016,Owner Authorization letter;Quick claim deed,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 June 14,2016&June 21,2016,Owner Authorization letter;Quick claim deed,Abutters list Town of North Andover ZBA application and documentation for a Special Permit 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. Legal Notice September 27,2016&October 04,2016,Owner Authorization letter;Quick claim deed,Abutters list. 7 1Pp (, e Ocl (� b r 1 1 ,, 2010