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HomeMy WebLinkAbout2016-09-13 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 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 September 13,2016 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.and Douglas Ludgin Associate Members present:Alexandria Jacobs, Esq., Deney Morganthal and Nathan Weinreich. Absent Member(s):Allan Cuscia Albert P. Manzi III called the Meeting to order at 7:35pm Pledge of Allegiance Minutes:This item will need to be table due to the fact the minutes are no ready. Moved by Ellen McIntyre Seconded by D. Paul Koch All in favor:Albert P Manzi III, Ellen McIntyre, D. Paul Koch, Doug Ludgin, Deney Morganthal,Alexandria Jacobs and Nathan Weinreich. Committee Reports Selectman OSGOD Committee Report Ellen McIntyre stated that a tentative date of Tuesday September 27,2016 has been scheduled location still to be determined. Albert P Manzi III,addresses the public in regard to the agenda and that some items will be heard out of order. New Public Hearing The Petition is 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. D.Paul Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building located at 566 Main Street, North Andover, MA on Tuesday,September 13,2016, at 7:30 PM to all parties interested in the petition of 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. The Petitioner is requesting VARIANCES FROM THE R-3 ZONING DISTRICT SECTION 4.121 OF THE ZONING BYLAW-SUBDIVIDE ONE LOT INTO TWO LOTS IN ACCORDANCE WITH:Table 2 Summary of Dimensional Requirements variance Lot 1—Lot area R-3 required 25,000 s.f. proposed 16,025 s.f. variance needed 8,975 s.f.Table 2 Summary of Dimensional Requirements Variance Lot 1—Required Front Setback 30' feet proposed 9' feet variance needed 21'feet. Table 2 Summary of Dimensional Requirements variance Lot 1 — Required Front Setback 20'feet proposed 6.4'feet variance needed 13.6'feet 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 IIPp (; e , cCptc r b 1 3 1 2 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 Published in the Eagle Tribune on: August 30,2016 September 06,2016 Albert P Manzi III,states that the ZBA received a letter from Attorney Borenstein dated September 1,2016, requesting to continue the matter until the next regularly scheduled meeting of October 11,2016,a time waiver has also been filed with the ZBA assistant. No evidence will be heard tonight. D.Paul Koch made a motion to continue until October 11,2016 Doug Ludgin seconds the motion. All in favor:Albert P Manzi III, Ellen McIntyre, D. Paul Koch, Doug Ludgin, Deney Morganthal,Alexandria Jacobs and Nathan Weinreich. Chairman declared the hearing continued. New Public Hearing The Petitioner is requesting a Special Permit Keith & Amy Harley, for property address 360 Winter Street, North Andover, MA. 01845(Map 104.A, Parcels 0012), North Andover, MA 01845 in the R1 Zoning District. D.Paul Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday,September 13,2016,at 7:30 PM to all parties interested in the petition of Keith & Amy Harley, for property address 360 Winter Street, North Andover, MA. 01845 (Map 104.A, Parcels 0012), North Andover, MA 01845 in the R1 Zoning District. The Petitioner is requesting:A SPECIAL PERMIT FROM 4.121 and 4.121.17 OF THE ZONING BYLAW(FAMILY SUITE IN THE R-1 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: August 30,2016 September 06,2016 Keith and Amy Harley,360 Winter Street,are at the table to speak on behalf of their application for a Special Permit for a Family suite. We are looking to convert what is currently the master suite into a family suite for Amy's parents.The master suite currently has a bedroom,two bathrooms,a vanity room and an office.We are looking to reconfigure the vanity and closet space into a small kitchen area, use the current office space as their dining room,the bedroom would continue to be used as a bedroom, living room area. In order to define the space and give them some privacy we would close in one of the hallway doors.We would relocate the master to one of the existing upstairs bedrooms. Albert P. Manzi III asks if they will be staying in the current/existing footprint of the house/structure. Amy Harley states yes they will be staying within the current/existing home/structure. Albert P Manzi III,states that there are plans submitted by Mr. Batting. 2 1 P : (, e , cCptc r b 1 3 1 2 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 McIntyre states that there is a letter dated August 16,2016 from Amy Harley's parents also in the application. Doug Ludgin asks what the need for the request/application. Amy Harley states that her father had a stroke four years ago and it has become hard for them to maintain their home. Keith Harley also mentions that when they bought the home they bought it knowing the home was larger than they needed and that afforded extra space for her parents to have a potential in-law/family suite. The Board members are discussing the application and the bylaw, looking at the merits and documentation. Albert P Manzi III,asks if there are an abutters present that would like to speak for this application.There are no abutters present for this application. D.Paul Koch made a motion to close the public hearing. Doug Ludgin seconds the motion All in favor to close the Public hearing Albert P Manzi III, D.Paul Koch, Ellen McIntyre, Doug Ludgin, and Alexandria Jacobs. The Chairman declared the meeting closed. D.Paul Koch enters a motion to approve the application of Keith & Amy Harley, for property address 360 Winter Street (Map 104.A, Parcels 012), North Andover, MA 01845 in the R1 Zoning District. The Petitioner is requesting a Special Permit from 4.121, 4.121.17 of the Zoning Bylaw (Family Suite in the R-1 Zoning District) is required from the Zoning Board of Appeals. D.Paul Koch referenced all letters and written materials that were in front of him, along with all associated dates and those that prepared and/or created said documents. Ellen McIntyre seconds the motion to grant the Special Permit All those in favor of the Special Permit were Albert P. Manzi III, Ellen McIntyre, D.Paul Koch, Doug Ludgin,and Alexandria Jacobs. 5-0 all in favor Chairman declared approved Special Permit Granted. Continued Public Hearing The Petition is 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 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. Attorney Brian Vaughan, Ryan Schruender and Mary Schruender,owners of 54 Phillips Court and 320 Pleasant Street,are at the podium/table to speak.Attorney Vaughan says that from the abutters input at the June 28,2016 ZBA meeting the Schruender's had several items that needed to be addressed.Attorney Vaughan states that a memo dated July 29,2016 was submitted in which he feels addresses the six points we left with from the last meeting.A couple of the items deal with plan design is discuss them and give 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 the abutters a chance to review them and give feedback then continue and meet with the architect plans addressing the finer points to be addressed at the next meeting. Ellen McIntyre states that she thought that these points were going to be looked into for this meeting. Ryan Schruender states that unfortunately due to conflicting schedules he was unable to meet with all of the neighbors and that he didn't want to meet with his architect until he was able to speak to his neighbors. He has spoken to his neighbors and architect and the architect is currently working of the plans. Albert Manzi III,asks Ryan Schruender and Attorney Brian Vaughan to the extent you are looking for a time waiver,so effectively the Board isn't under and pressure to act as long as you are waiving the time. Ellen McIntyre asks what the difference is between MCLE and M.G.L. Attorney Vaughan clarifies that M.G.L stands for Massachusetts General Law and is a statute and MCLE is Massachusetts Continuing Legal Education which is a legal treaty of sort which outlines the area of the law. Attorney Vaughan confirms Chairman Albert Manzi III statement.Attorney Vaughan speaks about the memo dated July 29,2016,he states that the first point that they were asked to address was the issue of lot merger and why they were looking for a Variance for both lots opposed to just one of the lots. I quoted in my memo a section of the Zoning Bylaw which addresses this issue and I also included some MCLE (Massachusetts Continuing Legal Education) materials,which talk about Zoning nonconformities and substandard lots. I believe that the controlling section of the Bylaw is section 7.8.1 which states"7.8 Exceptions 1.The residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner,available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep,and two side yards,each not less than 12 feet wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet." .Attorney Vaughan goes on to say that in regard to zoning the two lots effectively become one,and if separated both lots would need to comply. Albert Manzi III,asked attorney Vaughan to provide an example to help people better understand how the lots merged or what could have prevented the merging Attorney Brian Vaughan states that for example a husband by himself owned one lot and then the husband and his wife as joint tenants owned the lot next door thereby making it a different legal title in each. Another way is if you have one property in s trust and the property next to it owned individually making it effectively a mechanism of ownership if they are not owned in common ownership by the same legal entity or person and that is really the significance of the language in that owned by other land of the same owner. Effective by this provision we do not comply because both lots are in common ownership and has been which we do not contest that fact that both lots are owned by the same person it's something that once done you cannot undo it. Albert Manzi III asked if anyone from the Board has any questions regarding lot merger. There were no questions at this time by the Board. 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 Vaughan now address issue number 2 the Board has asked about was the 2002 Variance application which had previously been in front of the Zoning Board,Attorney Vaughan states that he has included a copy of the decision and materials that was submitted as part of the July 29,2016 memo.At that time it was a two/two vote so the Variance request did not have a majority, I also included a memo of opposition at the time,outlining what some of the neighbors were unhappy with the applicant purely looking to drive profit from this transaction and in this case it is a little bit different because we are not looking to maximize profit and move on as discussed earlier Ryan is planning on staying in and being a part of the neighborhood with his family. Albert Manzi III asked if the 2002 Variance Application was a different applicant and owner. Attorney Brian Vaughan confirms that the 2002 application was a different applicant and different owner. Ellen McIntyre states for the record that she was on the 2002 Board that heard the prior application. Albert Manzi III asks if Ellen McIntyre is impartial for this hearing. Ellen McIntyre states that yes she is always impartial. Attorney Brian Vaughan now addresses issue number 3 the question as to if a Special Permit or a Variance is needed via a special provision in the Zoning Bylaw for lots under 10,000 square feet, upon review of the bylaw it is my belief that the Variances are needed. However there was applicable to the R-4 Zone District a section of the Bylaw 7.8(2)" In Residence 4(114) Districts only,two or more vacant lots, mutually adjoining, may with a Special Permit from the Board of Appeals be permitted to be combined into a new lot or lots of not less than 10,000 square feet area each,and with not less than 100 feet street frontage,provided it be shown to the Board of Appeals that each such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and the Building Inspector shall permit the construction of one single family dwelling on each such 10,000 square foot lot."This however may not apply because there is not a combined 20,000 square foot lot or 100 feet of frontage for each.What is interesting is the corner lot by itself does in fact comply dimensionally with this provision the corner lot itself is more than 10,000 square feet and does have 100 feet of frontage, however because of the lot merger issue if separated it would make the other parcel nonconforming and still require a Variance.That lot standing on its own,which is the lot that has the existing structure on it. There is discussion between Albert Manzi III and Attorney Brian Vaughan in regard to the potential of the Special Permit and Variances and on why the applicant chose to go the way of a Variance request. Attorney Brian Vaughan now addresses issue number 4,Attorney Vaughan states that Ryan did meet with some not all of his neighbors and has taken into account the comments of the neighbors and the Board and has submitted a revised preliminary concept plan based on those comments.Attorney Brian Vaughan states that it is Ryan's intention after this meeting to have new architectural and survey prepared with more specific and formal plan to present to the Board. Ryan Schruender speaks to the new concept is more in keeping with what the current neighborhood is. Albert Manzi III asks how the new concept fits within the lot in regard to size, landscaping and orientation with the existing homes. Ryan Schruender states that when he met with his neighbors one of the items discussed was which way the house would face(i.e. Fronting on Phillips Court or Pleasant Street)and taking their opinions into mind we have decided to have it face Phillips with the 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 garage on the Pleasant Street side,and push the house up the hill as close to Pleasant Street as possible without taking down to many trees. Does the new concept fit within the layout of the original Phillips Court neighborhood design? Attorney Brian Vaughan states that the goal is to have the proposed new structure fit and that is what they have tasks the architect/designer/engineer to do, in terms of how it will sit on the lot,the drainage issue and the landscape. Ryan Schruender states that the architect also averaged out the distance of the other homes within the neighborhood and that the proposed structure would line up with that. Albert Manzi III asked if the square footage was planned based on the average square footage of the homes in the neighborhood. Ryan Schruender states that the square footage is in line,the house across the street is 2800, mine house is 2300 which would be next door then it varies throughout the neighborhood. D.Paul Koch asks what the reduction is in the square footage from the home proposed in June. Ryan Schruender states that the home proposed in June was approximately 3000 square feet which included a porch off the back, so the new home is 600 square feet smaller than the home proposed in June.So it would be more in line with what is already in the neighborhood. Albert Manzi III asks if the height or roof is in line with the neighbors. Ryan Schruender states that they are going to try and keep it inline but they do not have the specifics yet. He also mentions that the houses currently there were built in the 50's and that they have 7 foot ceiling with 2x6 construction which is different today where they use 2x10. Ellen McIntyre asks if the current home at 54 Phillips is a single family or a duplex. Ryan Schruender states that his current home is a duplex. D.Paul Koch asks for clarification on the size of the home which looks to have a footprint of 44x44 equally to approximately 3800 square feet of living space whereas Ryan said approximately 2400. Ryan Schruender clarified that there are cathedral ceilings in the living and dining rooms and that there is a 23x24 garage which make up the difference in amounts. Neighbors but he wanted to hear from you from them and go back to his consultants and come up with what he thinks is the best plan that he can put forward for everyone for making a final decision Ellen McIntyre thanks Attorney Vaughan for addressing the concern is a letter to the Board. 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 Albert Manzi III asks Attorney Vaughan and Ryan Schruender if they would like to open it up to Statutory Abutters comments. Attorney Vaughan and Ryan Schruender state yes Diane Donovan,23-25 Phillips Court is at the table to speak and states that she has a concern regarding statement that the lots have merged and she would like to see a document that states that the lots have merged. Albert Manzi III speaks to the Zoning merger statement and that there is no document by due to the fact that the lots were nonconforming when the Zoning Changed and held in common ownership then in effect for Zoning Purposes merged.That being said the lot is still taxed separately but do to Zoning cannot be built on without special permitting.So effectively there is a merger by operation of law. Diane Donovan,states that she does not believe the lot to be buildable or was ever intended to be built upon and if it was why did the 2002 Zoning Board deny the last request. Albert Manzi III states that he cannot speak to what was done by the 2002 Zoning Board he can only review the application in front of him,and that the lot was part of the planned layout when all the other homes were constructed,and that it is not uncommon for people to buy and extra lot and not build on it or build on it at a later time. Then the Zoning changed and made the lot unbuildable which is a common occurrence in many cities and towns throughout the Commonwealth. Attorney Vaughan states that Albert Manzi III is correct,there isn't a document stating the lots have merged. It has deemed to have merged as a matter of Zoning Law,by operation of law because of the fact that it was held in common ownership. This is the reason we are here today seeking these Variances. The lot is not buildable right now by the Zoning standards without the Variances,there is no plan which shows the land without the line separating the two lots,the only plan of land that was recorded at the registry was the original plans which show the two lots.Attorney Vaughan also makes note that in one of the first paragraph in the M.G.L submission states"this subject remains a continuing source of confusion for zoning lawyers,building inspectors,and town counsel." So these are all Real Estate professionals who say it remains confusing source of law. Albert Manzi III states that he heard or understood thru Attorney Vaughan readdress that there is another way to separate the lots thru a Special Permit and that there are different avenues available to do so. Diane Donovan, makes note that this is not a hardship situation that the proposed has gone from a 3000 square foot home to now a 2400 square foot home,and she feels if they want to build something like this they could have built it someplace else and not on this lot in an R4 district. Albert Manzi III asks Diane Donovan if she is for or against the proposal/application. Diane Donovan,states she is against. Alexandria Jacobs asks Attorney Vaughan and Ryan Schruender about lots 8 and 18 if they are single family homes. Ryan Schruender states that he believes they are both Duplexes. 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 Alexandria mentions that both those lots are less than 7500 square feet which is under the square footage proposed here if the lots were to be split. Ellen Carter,38-40 Phillips Court is at the table to speak and states that Mr.Schruender is a great person and neighbor and that she does not speak lightly about this.As she mentioned at the last meeting she has some serious reservations and although the size of the house and the appearance of the house has changed, her feelings have not,with all due respect to Mr.Schruender we live in a great neighborhood. My questions tonight have to do with the basis for the Variances and it is my understanding that in order to obtain/qualify for a Variance you need to have and be related to a hardship relating to:The particular use proposed for the land or structure.The circumstances relating to soil conditions,shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. Facts which make up the substantial hardship,financial or otherwise,which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. She has some confusion as to why the vacant lot at 10,500 square feet has any topography issue because although there is a slight slope coming off pleasant street,she would argue that it is not unique to his property and several other properties have the same slope including mine. Is the slope on his property and if so is that the basis for his variance request?Also can you qualify for a variance just because your lot is too small? Albert Manzi III states that all applications are looked at individually and on their own merits the Board itself has discretion in terms of how they apply the law based on what comes into evidence at these meetings,and the soil,shape and topography is the legal standard.Albert Manzi III directs the question to Attorney Vaughan to answer whether or not this was addressed in his memo dated July 29,2016 or at the last meeting. Attorney Vaughan states that this was addressed both in the memo dated July 29,2016 and at the previous hearing. He also notes that there is a steep slope on the far edge of the lot,which he would argue that is not consistent with the other more general slope that occurs on the other properties. Ellen McIntyre asks if all lots on the Plan of record have been built specifically lots 22 and 23. Attorney Brian Vaughan states that yes those lots have been built on. Albert Manzi III states that if this lot in question lot 12 was bought separately or held in ownership separately it would be what is considered a grandfathered lot and will be protected and buildable, but because it was in common ownership a variance is needed. Attorney Brian Vaughan confirms this statement. He also makes mention that if we did consider this one property that potentially by right we could construct the original proposed 3000 home or an outbuilding,barn,garage without the need for Variances. There is discussion amongst the Board and Attorney Brian Vaughan as to the common ownership and the possibility for sale and or other avenues open to the owner. Ellen Carter,also states that she fells by splitting the lot it sets a dangerous precedent for the Town and an already congested neighborhood. 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 D.Paul Koch is speaking in regard to the merit of the 1953 Plan of record and the fact that the lot was buildable then and not buildable now and the mention of splitting a conforming lot into two non-conforming lots but a quick count of this 1953 plan 19 of the 23 lots are currently nonconforming,so the entire neighborhood is nonconforming.So if we were to approve this application we would not be changing it much. Ellen Carter agrees with that statement but mentions that it is an extremely congested neighborhood and they are already on top of each other,so another house and more cars would just add to that problem.She also states that these homes were built to serve the Stevens Mill workers and they built on every square foot they could except this one lot and that has always been a question as to why. D.Paul Koch asks when the Zoning changed which created the lot merger. Ellen McIntyre states it was in the 1970's. Ronald Hamlet,61 Phillips Court,steps up to the table to speak in regard to this application I have a couple questions or thoughts, one of which is can you continually keep fight a variance or applying for a variance for the same property even if it has been denied in the past? Albert Manzi III states that in general terms a Variance request can be resubmitted after two years, unless there is a Special Permit by the Planning Board or an action by the Planning Board to allow for repetitive petition within those two years. Ronald Hamlet,the other issue was brought up earlier regarding the grandfather clause,would the prior owner fall under that clause? Albert Manzi III,states that he apologizes for any confusion regarding the grandfather clause but it pertained to the lot being individually held and not under common ownership. Ronald Hamlet, he also wanted to mention that the fact that it is important to him that the home visually fits within the neighborhood. George Schruender,91 Quail Run,steps up to the table to speak to the history of the location and neighborhood. Ellen McIntyre speaks in regard to the 2002 Decision and states that all applications are heard based on the merits presented at the time of the application and that each is different. Mary Schruender,54 Phillips Court, is at the table to speak in regard to her application and the reasons why she would like to stay in the same location and neighborhood. Diane Donovan,23-25 Phillips Court, is at the table again and references the fact that there is a drain easement on some of the properties of Phillips Court which is dated 1953,and that several of the homes in Phillips Court have basement water issues. Members of the Board are speaking to the drainage and storm water issues and that the Board takes these matters very seriously. 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 Attorney Brian Vaughan states that he will address the comments and issues that were presented at tonight's meeting at the next ZBA meeting. Ryan Schruender also states that he just finished doing work at 54 Phillips Court in regard to water in the basement and that he has spoken to the architect and engineers about this issue for the proposed structure on 320 Pleasant Street. Albert Manzi III states that the Board does look at the storm water and drainage information. Attorney Vaughan states that he has never seen the easement that was shown by Diane Donovan from 1953 referenced page 1223 and book 427, but I will review it. Ellen McIntyre is requesting house size information on Lots 22 and 23.She also notes that most homes on Pleasant Street are single families. Ryan Schruender states that those are two small single family capes,also points out that lot 13 on the corner of Phillips and Pleasant is a single family cape. He also confirms Ellen McIntyre statement that most of the homes on Pleasant Street are single families. Albert Manzi III asks if there are any other abutters that would like to speak for this hearing. No other abutters came forward. Albert Manzi III,speaks to Attorney Vaughan and Ryan Schruender as to whether they would like to continue to the next Public Meeting date. Attorney Vaughan and Ryan Schruender state that yes they would like to continue until the next public meeting date October 11, 2016. D.Paul Koch has a question regarding the lot merger and the reason it was never separated into two lots before or after the 1953 plan or the 1970's Zoning Change or the 2011 acquiring of the parcels. Attorney Brian Vaughan states that Ryan Schruender purchased the property with full knowledge of the two lots and that it wasn't until he was married and wanted to start a family that he looked into options for the property. There is some discussion on the neighborhood and the possibility of a new home impeding the potential of the Phillips Court homes being considered Historic. George Schruender also speaks to the Historic Machine Shop village and other Historic Areas in Town and states that a new home will have no impact on the older homes being included or excluded in a Historic Neighborhood. D.Paul Koch makes a motion to continue until the October 11,2016 meeting. Doug Ludgin seconds the motion. All those in favor of the Special Permit were Albert P. Manzi III, Ellen McIntyre, D.Paul Koch, Doug Ludgin, Deney Morganthal, Nathan Weinreich and Alexandria Jacobs. All in favor Chairman declared continued 1011" age ' e ptcrr b e r 1 3 2 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 New Public Hearing The Petitioner is requesting a Special Permit John & Lorraine Savastano, for property address 273 Greene Street, North Andover, MA.01845(Map 016.0, Parcels 0062),North Andover, MA 01845 in the R4 Zoning District. D.P. Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday,September 13",at 7:30 PM to all parties interested in the petition of John&Lorraine Savastano,for property address 273 Greene Street, North Andover, MA.01845(Map 016.0,Parcels 0062), North Andover, MA 01845 in the R4 Zoning District.The Petitioner is requesting:A SPECIAL PERMIT FROM SECTIONS 4.122& 4.122.14B OF THE ZONING BYLAW(CONVERSION FROM ONE FAMILY TO 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: August 30,2016 September 06,2016 John Savastano,273 Greene Street is at the table to speak, I am looking to convert my single family home to a two family home so that my mother can live there and have her own space, but did not want to do a family suite because of the size restrictions. It also is more marketable for when I sell the home at a later date. The proposed construction meets all the required setbacks with regard to height,size and location. The Board is reviewing the application and documents for this hearing. Albert Manzi III asks to talk about the esthetics of the home and how they would be changing.Albert Manzi III states that there is a footprint change but that a Variance is not needed because it is within the required setbacks. Alexandria Jacobs asks for clarification on what is being added to the existing home. John Savastano states that a two car garage and apartment above is being added to the existing home.The floor plan is included in the application package. Ellen McIntyre asks to the slope of the property and how the new addition takes that into account. John Savastano states that the new addition and drive match the grade and slope of Greene Street. He also states that all floors including the roofline will match the existing home. Ellen McIntyre asks to the size of the shed depicted on the"Plot of Land". John Savastano states that he does not know the size of it but it is larger than 8x8 and has been there for 20 years and was approved by the building inspector when installed. If it does in fact impede the setbacks for the new construction I will tear it down. I am not going to use this property as an income property it will be used by my mom. 1111" age ' e ptcrr b e r 1 3 1 2 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 The Board is discussing the statements made by John Savastano regarding the fact when the two family is no longer needed he will be converting it back to a single family home. D.Paul Koch is asking about the neighborhood and if there are other two families or multifamily homes in the neighborhood. John Savastano states that there are several multifamily homes in and around his home. Albert P Manzi III,asks if there are an abutters present that would like to speak for this application.There are no abutters present for this application. Mark Rodgers, 19 Trinity Court, is at the table to speak Mr. Rodgers states that he has been Mr.Savastano's and his mother's neighbor for 22 years and he really supports this application. He also believes that the style and type of home will fit in with the neighborhood. Emily Kibit and Robert Holland,288 Greene Street Emily Kibit has a concern about renters and looking for more information on the proposed building. Albert Manzi III is explaining the procedural matters and how the voting works. Robert Holland after reviewing the proposed plans asks what the difference is between a family suite and a two family home. Albert Manzi III states that there are different components for Family Suite and a two family home contained within the Bylaw,some of which can be size, use and occupancy. Albert Manzi III asks if the applicant would like to close the public hearing and take a vote tonight. John Savastano states yes he would like to close the public hearing and take a vote tonight. The Board members are discussing the application and the bylaw, looking at the merits and documentation. D.Paul Koch made a motion to close the public hearing. Doug Ludgin seconds the motion All in favor to close the Public hearing Albert P Manzi III, D.Paul Koch, Ellen McIntyre, Doug Ludgin, and Deney Morganthal The Chairman declared the meeting closed. D.Paul Koch enters a motion to approve the application of John& Lorraine Savastano,for property address 273 Greene Street, North Andover, MA.01845 (Map 016.0, Parcels 0062), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting:A Special Permit from section(s)4.122&4.122.14B of the Zoning Bylaw(Conversion from one family to a two family in the R-4 Zoning District) is required from the Zoning Board of Appeals. D.Paul Koch referenced all letters and written materials that were in front of him, along with all associated dates and those that prepared and/or created said documents. 121Pa(, e ' e ptcrr b e r 1 3 2 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 Doug Ludgin seconds the motion to grant the Special Permit All those in favor of the Special Permit were Albert P. Manzi III, D.Paul Koch, Doug Ludgin,and Deney Morganthal. Against Ellen McIntyre 4-1 all in favor Chairman declared approved Special Permit Granted. New Public Hearing The Petition is 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. D.P. Koch read the Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building located at 566 Main Street, North Andover, MA on Tuesday,September 13 2016,at 7:30 PM to all parties interested in the petition of 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.The Petitioner is requesting A VARIANCE PURSUANT TO SECTIONS 4.136 and 4.136.C.ii.3 FOR CONSTRUCTION OF A NEW PERMANENT STRUCTURE IN THE R-1 ZONING DISTRICT.A Variance is requested under Section 4.136(Watershed Protection Division),3 (Uses and Building Requirements),c.ii.3 (Non-Disturbance Buffer Zone),of the Zoning By-Laws. 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: August 30,2016 September 06,2016 Ken Costello,SMRT Engineers,Andover, Ma. Bob Coppola and Paul Hedstrom, Edgewood Retirement,are at the table to speak and give a brief overview of the project.We are looking to build a dementia facility a 40 bed (small home)what that interprets to, is there are individual pods that will house 10 people per pod.This new design makes it more a community/home style living with shared a kitchen and living area other than the previous nursing home style. Bob Coppola is speaking to the background of the property and the Edgewood Facility this includes land given to the Trustees of the Reservation under conservation reservations. Bob Coppola also states that this application is being heard before the Planning Board,Zoning Board and the Conservation Commission. Albert Manzi III speaks to the fact that the proposed building site is near Lake Cochichewick which is the Town of North Andover's drinking water. Ken Costello states that the proposed building will be over 700 feet from the lake. Ken Costello shows the Board a large drawing of the overall site and the buildings locations on the site. Albert Manzi III asks where the access point(s)are for this site. Bob Coppola states there is access from Stevens Street and Osgood Street to the site. 131Pa(, e ' e ptcrr b e r 1 3 2 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 The Board is reviewing the large scale drawing of the overall site to derive a understanding of the location for the proposed project. Ken Costello states that the Planning Board has asked Lisa Eggleston to review the application in regard to Storm water. Albert Manzi III asks to the Height of the building,and if Lisa Eggleston has issued the findings yet? Ken Costello states that they have just received the findings and are starting to look at them. Albert Manzi III states that the Board would like to see that information Ellen McIntyre asks if there is any other location that they could build this on due to the fact it is very close to the Town's drinking water. Bob Coppola states that there is not another location due to the Conservations Restrictions place on the property. Albert Manzi III asks about the tree line to the lake and from the lake and about the size and aesthetic of the proposed building. Ken Costello states that it will be less than 35 feet and be single story Buildings.The existing trees around the lake are approximately 80 feet tall,and will stay wooded all the way down to the lake. Bob Coppola project will be about 37,000 to 38,000 square feet. Each pod is approximately 7,000 square feet.There are also center common areas,gym/workout areas,gathering spaces and some offices. Paul Hedstrom speaks to the proposed project and the location of the development on the 20 area site. Albert Manzi III asks how long they have been speaking to the Technical Review Committee about this(the review Committee is made up of different Department Heads) Bob Coppola states that they have met with the Committee once and are now meeting with individual Department Heads. Bob Coppola states that the trails will remain open to the public. D.Paul Koch makes a motion to continue until the October 11,2016 meeting. Doug Ludgin seconds the motion. All those in favor of the Special Permit were Albert P. Manzi III, Ellen McIntyre, D.Paul Koch, Doug Ludgin, Deney Morganthal, Nathan Weinreich and Alexandria Jacobs. All in favor Chairman declared continued Miscellaneous Correspondence CHAPPA Letter dated 08/19/2016,CHAPPA letter dated 08/23/2016 D.Paul Koch made a motion to accept all two(2)correspondences. 141Pa(, e ' e ptcrr b e r 1 3 2 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 Doug Ludgin seconds the motion to accept. All in favor of accepting the correspondence were Albert P Manzi III, Ellen McIntyre, D.Paul Koch, Doug Ludgin,a nd Alexandria Jacobs. Adjournment: 10:58pm 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, Doug Ludgin and Alexandria Jacobs. ------------------------------------------------------------------------------------------------------------------------------- Administrative: Zoning Board of Appeals Agenda September 13,2016; CHAPA Letter dated 08/19/2016,CHAPPA letter dated 08/23/2016. 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. Town of North Andover ZBA application and documentation for a Special Permit Keith&Amy Harley,for property address 360 Winter Street, North Andover, MA.01845(Map 104.A, Parcels 0012), North Andover, MA 01845 in the R1 Zoning District. . Legal Notice August 30,2016,September 06,2016,Owner Authorization letter; Quitclaim deed,Abutters list Town of North Andover ZBA application and documentation for a Special Permit John & Lorraine Savastano, for property address 273 Greene Street, North Andover, MA. 01845 (Map 016.0, Parcels 0062), North Andover, MA 01845 in the R4 Zoning District. . Legal Notice August 30,2016,September 06,2016,Owner Authorization letter; Quitclaim 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 August 30,2016,September 06,2016,Owner Authorization letter; Quitclaim deed,Abutters list 151Pa(, e ' e ptcrr b e r 1 3 1 2