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Home My WebLink About2016-12-13 Zoning Board of Appeals Minutes Approved 01/10/2017 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �'% g Esq., �� %�o Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Tuesday December 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.,Allan Cuscia and Douglas Ludgin Associate Members present:Alexandria Jacobs, Esq., Deney Morganthal and Nathan Weinreich. Absent Member(s): Albert P. Manzi III called the Meeting to order at 7:34pm Pledge of Allegiance Acceptance of Minutes September 13, October 10. 2016 and November 01, 2016 Ellen McIntyre motions to approve the minutes for September 13, October 10, 2016 and November 01, 2016. Alan Cuscia 2 the motion All in favor Chairman declares approved Committee Reports Ellen McIntyre gives a brief update on the Committee Eric Kfoury will be submitting a report to the Board of Selectmen. 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. Ellen motions to continue until January 10, 2017 Alan Cuscia 2 the motion. All in favor Chairman declares continued 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. Alan Cuscia recused himself from the meeting Approved 01/10/2017 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �'�% g Esq., �� %�o Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Attorney Brian Vaughan, Ryan Schruender and Mary Schruender are at the podium to speak regarding the concept plan which Ryan had reviewed with some of the neighbors and we have submitted a new final architectural plan along with a memo. The only changes to the site plan are to modify it to the new structure. One thing that was not ready at the time of the submittal was the landscape and drainage plan which we would like to submit to the Board. The Board is reviewing the plan. Attorney Vaughan is speaking to the design and drainage plan just submitted to the Board, which includes a gutter system to the proposed home and there would be two dry wells installed to the rear of the property where there is a natural drainage channel in that area of the property. Chairman Albert Manzi asks if this is a different structure is proposed Attorney Vaughan states that is correct the new structure that is proposed is consistent with the concept plan that was presented to the Board at the September 13, 2016 meeting.These are the full architectural drawings whereas the renderings or concept plans were submitted in September. Chairman Albert Manzi III clarifies that the plans are based on the concept plan of approximately 2400 square feet that was submitted at the September 13, 2016 meeting. Attorney Brian Vaughan states that is correct the first plan shows an approximate square footage of 1153 and the second floor is 1244 square feet. So the total is just under 2400 square feet. D.Paul Koch asks for the applicant to walk thru the design with the Board and the Public in regard to the changes and design. Attorney Vaughan states that the first plan was a much different design it was a much larger modern design, whereas the new design in almost 1000 square feet smaller and which fits in better and is more consistent with the neighborhood. Chairman Albert Manzi III asks if the landscape plan that was submitted tonight is tailored around the footprint and updated design. He also asks about the large trees on the property Ryan Schruender states that yes it is and that only one large Oak will lose only branch which is too close to the house. Ellen McIntyre asks if this is the last lot in the development to be built. Ryan Schruender states that yes this is the last remaining lot. The Board is reviewing the plans that are before them. Doug Ludgin asks if the Board could hear from the abutters that are present. 2 1P: (, e I) ece �ribei• 1 3 201 Approved 01/10/2017 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �'�% g Esq., �� %�o Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Diane Donovan, 23-25 Phillips Court, asked if an erosion plan had been done due to the fact that there is a drainage problem on the street. Diane Donovan has mentioned that there is a perpetual easement on the property. Attorney Vaughan states that thru the building process we will be addressing any and all drainage issues. Attorney Brian Vaughan states that after some research the easement that is being discussed is not on Ryan's property.The water issues will be addressed by the plan that was submitted to the Board. He also mentions that there are no wetlands on the property and Conservation has already signed off on the proposal. He also believes that this design is an improvement and the problem in this area is the soils which do not drain properly and will be improved by the proposed drainage plan. Diane Donovan would like to know the height of the proposed building. Diane Donovan would also like clarification on the total square footage or size of the proposed structure, whether it is 3000 square feet, or 2600 square feet. Attorney Vaughan states that the proposed structure will be less than 35 feet and that the square footage is part of the plans submitted to the Board on December 07, 2016. Chairman Albert Manzi III states that the plans have been submitted to the board and asks if there is any new information that the public would like to discuss. Ronald Hamlet, 59-61 Phillips Court,the problem I have is why we are here. I am at a financial loss because I did not buy the property and he could not built on the property. Ellen McIntyre asks what the hardship is in order to grant the Variance. Attorney Brian Vaughan states that the soils on the property are dense and clay based.The lot also has a steep slope on one side. Also the lot size is not detrimental to but is consistent with the other lots in the neighborhood and the look is consistent with the other homes. Chairman Albert Manzi III asks what the applicant would like to do. Attorney Vaughan states that he would like the Board to close the public hearing and have the Board Vote tonight. Chairman Albert Manzi III explains the voting procedure for tonight. Diane Donovan speaks in regard to the statement Attorney Vaughan made about the soil issue on the property. Diane Donovan asks if Ryan has applied for a permit and how long will this process take. Attorney Brian Vaughan states that he has never been asked to provide a soil erosion plan. 3 1P: (, e I) ece �ribei• 1 3 201 Approved 01/10/2017 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.Es . Clerk �'�% g Esq., �� %�o Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Chairman Albert Manzi III states that yes in order to come to the ZBA a permit was submitted. Chairman Manzi III states that pursuant to Chapter 40A as long as the applicant submits a time waiver and the Board approves it,then the applicant can continue. Doug Ludgin Motions to close the public hearing Deney Morganthal 2nds the motion All in favor Chairman Albert Manzi III declares the public hearing closed The Board is deliberating on the application and states that there are two petitions before the Board. He also goes over the procedures for the vote. Chairman Albert Manzi III and Doug Ludgin would like to condition the approval of the structures envelope (size, shape, height) and drainage to what was submitted to the board, also in keeping the look of the proposed structure in unison with the neighborhood as proposed. Paul Koch motions to grant 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. And 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 Requiring that the structure be built according to all submitted plans and design and that the drainage on site as per the plan submitted to the Board, and as required by the Town of North Andover Building Department. D.Paul Koch references all documents, plans, and supplemented site plans. Doug Ludgin 2 the motion. In Favor: Ellen McIntyre, D. Paul Koch, Doug Ludgin, Deney Morganthal Against: None 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. There is discussion regarding the voting on the Board Douglas Ludgin is abstaining from voting on this hearing due to his absence at the last two ZBA meetings. Nathan Weinreich will be voting on this application. Alexandria Jacobs will be voting for Allan Cuscia. Bob Coppola and Paul Hedstrom are at the podium to speak and ask the Board if there are any questions regarding the materials that were submitted to them. Bob Coppola also notes that the language regarding Rite of passage for the public at the site is included in the documents. 4 1P: (, e I) ece �ribei• 1 3 201 Approved 01/10/2017 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �'�% g Esq., �� %�o Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Chairman Albert Manzi III states that having copy of the Storm water Review and being able to review it was very helpful. The Board is deliberating on the application and documents before the Board. He also goes over the procedure for the vote. Ellen McIntyre makes a motion to close the public hearing Nathan Weinreich 2"d the motion All in favor Chairman Albert Manzi III declares the public hearing closed Paul Koch makes a motion to grant 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. Paul Koch references all documents, plans and application materials Ellen McIntyre 2 d the motion All in favor D. Paul Koch, Alexandria Jacobs, Ellen McIntyre, Nathan Weinreich Chairman Albert Manzi III declares it approved. Miscellaneous Commonwealth of Massachusetts Community Development Letter dated 11/29/2016 Adjournment: Ellen McIntyre made a motion to adjourn the meeting. D.Paul Koch 2nd 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 December 13,2016; 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. "Site Plan"containing one(1)sheet,Showing Map 95,and Parcels 35&36, Prepared by Marchionda, Dated 06/16/2016, Proposed New Construction Set containing five(5)sheets,drawn by, Martha Maclnnis, dated 09/23/2016, Plan of Phillips Court prepared by Ralph B Brasseur C.E. dated 10/05/1953 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. 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, Drawing set containing five(5)sheets, Prepared by SMRT Architects and Engineers,dated 08/18/2016, Drawing Set containing twenty six(26)sheets, prepared by SMRT Architects and Engineers,dated 10/25/2016, Existing Conditions Plan containing one(1)sheet, prepared by SMRT Architects and Engineers, 51 Pp (, e I) ecem bei� 1 3 201 Approved 01/10/2017 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �'�% g Esq., �� %�o Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger dated 08/18/2016,Storm Water Management Report,prepared by SMRT Architects and Engineers,dated 08/17/2016-10/31/2016, Relocated Easement Area containing One(1)sheet, prepared by SMRT Architects and Engineers,dated 09/30/2016, Lighting Options containing One(1)sheet, prepared by SMRT Architects and Engineers,dated 09/30/2016, Fire Apparatus Turning Study containing One(1)sheet, prepared by SMRT Architects and Engineers,dated 09/30/2016, Proposed Gravel Parking Area containing One(1)sheet, prepared by SMRT Architects and Engineers,dated 09/30/2016,Vacated Easement Area containing two(2)sheets, prepared by SMRT Architects and Engineers,dated 09/30/2016, Existing Conditions Plan containing One(1) sheet, prepared by SMRT Architects and Engineers,dated 09/30/2016, Proposed Site Plan containing Two(2)sheets, prepared by SMRT Architects and Engineers,dated 08/18/2016& 10/14/2016 Exterior Rendering Color Concepts containing One(1)sheet, prepared by SMRT Architects and Engineers, dated 10/04/2016,Town of North Andover Planning Board Decision—Site Plan Review Modification,dated 11/01/2016,Town of North Andover Planning Board Decision—Continuing Care Retirement Center(CCRC)Special Permit,dated 11/01/2016,Town of North Andover Planning Board Decision—Watershed Protection District Special Permit,dated 11/01/2016,Storm water Pollution Prevention Plan, Prepared by SMRT Architects and Engineers,dated 08/17/2016,Storm Water Review, prepared by Eggleston Environmental dated 09/08/2016, 10/12/2016, Division of Fisheries&Wildlife letter dated 08/24/2016,TEC Peer Review#3 dated 09/12/2016, 10/25/2016, 10/27/2016,Town of North Andover Conservation Department Memo dated 10/18/2016,Conservation Restriction dated 10/18/2016, Easement Partial Termination &Relocation Agreement 09/30/16,Town of North Andover Planning Department Decision —Insubstantial Change dated 07/16/2014