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Home My WebLink About2016-08-18 Zoning Board of Appeals Minutes Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert P.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 August 18,2016 at 7:00 PM School Administration Building 566 Main Street, North Andover,Massachusetts Members present:Al Manzi III, Esq., Ellen P McIntyre,Allan Cuscia and Douglas Ludgin Associate Members present:Alexandria Jacobs, Esq. Absent Member(s): D. Paul Koch, Nathan Weinreich and Deney Morganthal Albert P. Manzi III called the Meeting to order at 7:02pm Pledge of Allegiance Committee Reports Selectman OSGOD Committee Report Ellen McIntyre stated that there was no meeting held since the last update at the May 03,2016 ZBA Miscellaneous Correspondence CHAPA Letter dated 06.27.2016,CHAPPA Letter dated 06.25.2016, IPA Flyer 08.08.2016, Mass. Office on Disability 07.29.2016 Letter Continued Public Hearing The Petitioner is requesting a Special Permit Jody Allen,Trustee of the 10 Silsbee Nominee Trust,for property address 10 Silsbee Road, North Andover, MA.01845(Map 20, Parcels 29), North Andover, MA 01845 in the R4 Zoning District. Jody Allen owner of the property located at 10 Silsbee Road North Andover, MA.01845 and Camille Miragliotta Daly Attorney are at the podium/table to speak.Jody Allen states that they are looking to build a family suite,she also made mention that she met with the new Inspector of Buildings and amended/modified the plans for the new family suite addition these changes address the square footage, entrance to existing home and need for Variance questions expressed by the Board at the June 28,2016 meeting. Jody Allen spoke about the amended/modified design for the family suite addition now sits within the setbacks therefore a Variance is no longer required,and still maintains the look of a single family home and trying to keep it in the aesthetic of the neighborhood, but a Special Permit for the Family Suite is still required. The Board is reading the letter from the Inspector of Buildings dated August 03,2016 into record regarding the owner of the property living in the Family Suite and not in the Main Home. Allan Cuscia the issue as he sees it is the fact that the proposed family suite addition looks to be easily converted to an apartment and that it looks to be a studio apartment and that when the home is sold in the future it can be used as a studio apartment. Camille Daly speaks to the fact that it is for Mrs.Allen use only and that the family suite Special Permit is for her alone and that when the home is sold the Special Permit would go away and it would only be a single family home. There is discussion among the Board regarding the fact that Family Suite in monitored and inspected by the Town of North Andover. Albert P. Manzi III asked if any abutters had any questions with regard to this applicant, he also gave a brief explanation on how questions and or concerns will be received (which is to address the Board and the Board will voice them to the applicant). III" , ('C A i ' i s t 1 8, , 2 0 1 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert P.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 William Boutilier,22 Silsbee Road,is at the table to speak on behalf of this project. Mr. Boutilier states that he is in favor of this project. Carrie Zeba, 121 Herrick Road, is at the table on behalf of this project. Ms.Allen states that she is in complete support of this project. Brendan Sheehy, 109 Herrick Road, is at the table to speak on behalf of this project. Mr. Sheehy thinks that it is great for the neighborhood. Albert P Manzi III spoke to Jody Allen and asked if she would like to close the public hearings. He also wanted to go over a few procedural matters with regard to the Variance and Special Permit. The Board will first vote on the withdrawal without prejudice for the Variance and then the Special Permit. Doug Ludgin made a motion to close the public hearing. Ellen McIntyre seconds the motion All in favor to close the Public hearing Albert P. Manzi III, Ellen McIntyre,Allan Cuscia, and Alexandria Jacobs. The Chairman declared the public hearing closed. The Board deliberated on the application and the reasons for the bylaw. Allan Cuscia spoke to the fact he views it as an apartment and not a family suite. Ellen McIntyre says that it cannot be sold as a single family home with an in-law suite or a two family home. Ellen McIntyre enters a motion to agree to withdraw the application for a Variance from Section 7.3 in reference to the letter dated July 29, 2016 at the Petitioners request. Doug Ludgin seconds the motion. All those in favor to withdraw the request for Variance were Albert P. Manzi III, Ellen McIntyre, Doug Ludgin,Allan Cuscia,and Alexandria Jacobs. Ellen McIntyre enters a motion to Grant the application of Jody Allen, Trustee of the 10 Silsbee Nominee Trust, for property address 10 Silsbee Road, North Andover, MA.01845(Map 20, Parcels 29),North Andover,MA 01845 in the R4 Zoning District. The Petitioner is requesting a Special Permit from 4.122.22 of the Zoning Bylaw(Family Suite in the R-4 Zoning District). Ellen McIntyre referenced all letters and written materials that were in front of her,along with all associated dates and those that prepared and/or created said documents. Doug Ludgin seconds the motion to grant the Special Permit All those in favor of the Special Permit were Albert P. Manzi III, Ellen McIntyre, Doug Ludgin,and Alexandria Jacobs. Not in Favor Allan Cuscia 4-1 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. Petitioner signed a Time Waiver Continuance until September 13,2016 21P" , o c A i ' i s t 1 8, , 2 0 1 0 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert P.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 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. Petitioner signed a Time Waiver Continuance until September 13,2016) Ellen McIntyre made a motion to continue the Public Hearings for 54 Phillips Court and 320 Pleasant Street applications of Ryan Schruender until September 13,2016. Doug Ludgin seconds the motion. All those in favor to continue were Albert P. Manzi III, Ellen McIntyre, Doug Ludgin,Allan Cuscia,and Alexandria Jacobs Continued Public Hearing The Petition is Variance(s)from Table 2 of the Zoning Bylaws(Dimensional Requirements)The Town of North Andover,for property 384 Osgood Street(Map 94,Parcels 02), North Andover,MA 01845 in the R4 Zoning District Ray Santilli Assistant Town Manager for The Town of North Andover is at the podium/table to speak. Mr. Santilli says that in order to address the concerns of the Zoning Board of Appeals and the Planning Board the Town has received a letter from the Inspector of Buildings which states that the parking needed for the DPW location is 27 spaces. The Architect resubmitted his site plans dated June 30, 2016 on which he created 31 distinct parking spaces, 10 which are in the front of the lot; two of those 10 are handicapped accessible, 3 spaces on the side of the building and 18 in the back of the building. The Board is asking for clarification on what is driving the need for 31 spots. Ray Santilli clarifies that the letter written by the Inspector of Buildings is 21 spaces for the new 7100 square foot administration addition and then the existing garage needs 6 parking spaces and the salt shed needs 0 spaces. We now have 31 spaces defined where we only need 27. Ellen McIntyre asks what the proposed height of the buildings is. Ray Santilli states that the administration building will be 25 foot in height and the proposed replacement salt shed will be 34 foot in height. The driving need for the Variance is that there is Conservation and wetlands on both sides. The only change to the Building plans is the color of the Building. Doug Ludgin states that the plans show the Administrative Addition to be 50 feet in height, he is referencing plan A2.1 (CSI 160 Summer Street, Haverhill, MA.01830)the numbers are all incorrect. A new plan with corrected numbers is needed. Ray Santilli states that is not correct that he will provide a corrected plan prior to a Decision signing for this Petition. There is discussion amongst the Board regarding the size of the proposed structure and the need for the Variance. There is also discussion on the fagade and lighting of the proposed building. Ray Santilli confirms that there is no down lighting or illuminated signs in the new building. Albert P Manzi II asks if there are any abutters that would like to speak. 31P" , o c A i i s t 1 8, , 2 0 1 0 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert P.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 There are no abutters present for this hearing. Allan Cuscia motioned to close this public hearing for August 18 2016 Ellen McIntyre seconds the motion. Those in favor to continue the hearing for August 18 2016,Albert P Manzi III, D.P. Ellen McIntyre, Doug Ludgin,Allan Cuscia and Alexandria Jacobs 5-0 Chairman declares the public hearing closed. Ellen McIntyre enters a motion to Grant the application of Town of North Andover, for property address 384 Osgood Street, North Andover, MA.01845(Map 94, Parcels 02), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting Variances from Table 2 of the Zoning Bylaw(Side Setback 20 Feet, Proposed 16.8 feet,Variance needed 3.2 feet,Side Setback 20 Feet, Proposed 10.4 feet,Variance needed 9.5 feet). With the following conditions: Proposed two story addition variance at 3.2 feet,salt shed at 9.5 feet,that the Inspector of Buildings letter be dated and a new corrected Mylar and A2.1 plan be changed to correctly show the height of the building. Ellen McIntyre referenced all letters and written materials that were in front of her,along with all associated dates and those that prepared and/or created said documents. Doug Ludgin seconds the motion to grant the Special Permit All those in favor of the Variances were Ellen McIntyre, Doug Ludgin,Allan Cuscia and Alexandria Jacobs. Not in Favor Albert P. Manzi III 4-1 in favor Chairman declared approved Variances Granted. Miscellaneous Correspondence CHAPA Letter dated 06.27.2016,CHAPPA Letter dated 06.25.2016, IPA Flyer 08.08.2016, Mass. Office on Disability 07.29.2016 Letter. Ellen McIntyre made a motion to accept all four(4)correspondences. Doug Ludgin seconded the motion to accept. All in favor of accepting the correspondence were Albert P Manzi III, Ellen McIntyre,Allan Cuscia, Doug Ludgin,and Alexandria Jacobs. Adjournment:8:15pm Ellen McIntyre made a motion to adjourn the meeting. Doug Ludgin second the motion All were in favor to adjourn the meeting:Albert P. Manzi III, Ellen McIntyre,Allan Cuscia, Ludgin and Alexandria Jacobs. ------------------------------------------------------------------------------------------------------------------------------- Administrative: CHAPA Letter dated 06.27.2016,CHAPPA Letter dated 06.25.2016, IPA Flyer 08.08.2016, Mass. Office on Disability 07.29.2016 Letter.Town of North Andover ZBA application and documentation for a Special Permit for Jody Allen trustee 10 Silsbee Road; Legal Notice June 14,2016&June 21,2016,Owner Authorization letter;Quick claim deed,Abutters list; "Plot of the Land" containing one(1)sheet Prepared by Merrimack Engineering Services, Dated July 27,2016,66 Park Street,Andover, MA.01810; Allen Residence,containing six sheets; Front Elevation, First Floor Plan Second Floor Plan, Left Elevation Right Elevation, Rear Elevation, Dated 4 1P" , o c A i ' i s t 1 8, , 2 0 1 0 Approved November 01, 2016 Town of North Andover ZONING BOARD OF APPEALS Albert P.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 07/11/16;Authorization letter of Appearance for Camille Miragliotta Daly Attorney;Waiver of Time constraints form; abutters list; quick claim deed;variance application; special permit application, Letter from the Town of North Andover Inspector of Buildings dated 08/03/2016. Town of North Andover ZBA application and documentation for a Special Permit for The Town of North Andover,for property 384 Osgood Street: Legal Notice June 14,2016&June 21,2016,Owner Authorization letter; Quick claim deed,Abutters list; Drawing of the "Variance Plan"containing eleven sheets(11)dated May 24,2016 prepared by Christiansen &Sergi, Inc., Haverhill, MA. Includes First Floor Plan (A1.1),Second Floor Plan (A1.2), Exterior Elevations and Wall sections(A2.1), Roof Plan (A1.3), Landscaping Plan (1-1.1),Site Lighting Plan (E1),Site Plan (SP-1), Proposed Additions&Alterations, (1 of 3,2 of 3,3of 3) Drawings 51P" , o c A i ' i s t 1 X , 2 0 1 0