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Home My WebLink About2017-04-11 Zoning Board of Appeals Minutes Approved 05/09/2017 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �% g Esq., �� %iso Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Tuesday April 11, 2017 at 7:30 PM Town Hall, 120 Main Street, North Andover, Massachusetts Members present: Al Manzi III, Esq., Ellen P McIntyre, D. Paul Koch Jr Esq., Douglas Ludgin and Allan Cuscia Associate Members present: Alexandria Jacobs, Esq. Absent Member(s): Deney Morganthal and Nathan Weinreich Albert P. Manzi III called the Meeting to order at 7:34pm Pledge of Allegiance Acceptance of Minutes March 30, 2017 not ready table until May Committee Reports None Steven Morris, for the property located at 1 Peters Street(Map 24, Parcels 62), North Andover, MA 01845 in the R4 Zoning District. Insubstantial change/minor modification plan review. Mr. Morris is at the podium with Betsy Nelson he is peaking with the board regarding the changes to the design and the project review. Al discuss the setback in the minor modifications in regard to the modification request Betsy Nelson is speaking about the elevations and the look of the addition with regard to the Peters street side and the Mrs. Nelson states that all setback now comply with the original variance request. The Board is discussing the merits Al Manzi goes over the requirements Al Cuscia motions to accept the plan finding that it is an insubstantial change and to extend this Variance Doug seconds the motion Motion to accept made by Paul Koch regarding the time extension for the granted Variance located at 1 peters street 2016- 002 note plans revised plan addition great norther survey dated 4/05/2017 including three plans T1 and Al-5 Allan Seconds the motion All in favor Board approved New Public Hearing The Petitioner is requesting a Variance from Table 2 Dimensional Requirements R-1 Zone: Allowed Height 35 Feet, Proposed Height 48 Feet, Variance Requested 13 Feet. Brooks School, for property 1160 Great Pond Road (Map 0103.0, Parcels 0028), North Andover, MA 01845 in the R1 Zoning District Paul Koch read the legal notice into the record to open the hearing. Jason Bauers with AnnBeha is at the podium to speak regarding the Brooks school application and the associated information the concept is a series of three buildings that host the different art programs. The overall building is approximately 50,000 square feet. The reason for the location is to place the arts in the heart of the school. Normand Grenier, Director of Facilities and Paul Griffith -CFO of the Brooks school are also in attendance. Al Manzi is requesting an authorized signer for the owner of the property. Allan asks for clarification of the reasons for the location and the height Al asks about how the height determination was made. Jason speaks to the need for the height variance do to the use of the building. The building is being design to take advantage of the topography of the property. IIrp '� 7e hlrs°iI f I , 2 017 Approved 05/09/2017 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �% g Esq., �� %iso Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Al asks for a topography report. Jason states the Barn that is currently there is 44 feet and the new building will be Doug is speaking to the applicant regarding how they made the determination on the height of the old building. Jason goes over the elevation plans with the board as requested. Doug asks how it relates to the other buildings on campus Jason states that due to the use of the building it needs to be that height. Anthony Cleeve, civil engineer is speaking about the reason for the Variance, Soil, Shape, or topography the sight slopes by approximately 15 feet which is why we are looking to put it there due to the hard soil. Al Manzi speaks to the possibility that they need another Variance Ellen would like to see a topography plan with existing heights of the buildings picture of current site. (Doug)would like Delineate existing grade. Al Manzi would like a walk thru of the site. Don Belanger is speaking to the reason it was done as an average calculation of the three buildings Continue until May meeting Allan Cuscia motions to continue until the May 9th meeting Doug seconds New Public Hearing Paul Koch read the legal notice into the record This is an appeal of the Building Inspector's determination that the use of the property is in violation of Section 4.131 of the Zoning Bylaw and the issuance of a Cease and Desist Order. By Edward G. Kollen, for property 56-58 Church Street (Map 041.0, Parcels 040), North Andover, MA 01845 in the GB Zoning District. Matthew Caffrey attorney for the applicant Edward Kollen is asking for an appeal of the Building Commissioner's ruling. Attorney Caffrey hands out a letter and pictures he would like entered into the record. Mr. Kollen has operated a landscaping business from this property since 1976. The property has been addressed and cleaned up the property Attorney speaks to the Zoning bylaw and the GB use designation (contractor yard and business space) Under section 4.131.1 is allowed trade of landscaping It is our belief that this business predates the current Zoning bylaw. We are looking for the board to reverse the Building Commissioners decision/order. The rental units are preexisting non-conforming use. Al Manzi asks if there have been any fines Attorney Caffrey says that yes/ but he has currently closed his business. The Board is asking for clarification on the units, number of bedrooms and parking. Al Manzi asks if there is a parking plan. Attorney Caffrey states that one was drawn and given to the building inspector. Ellen Mclntrye speaks to the parking problem Al Manzi speaks to the use of the current building. Attorney Caffrey states that it is used as a contractor's yard. Paul Koch the exteriors is being used as what? Al Manzi asks about the lot size and use Allan Cuscia asks about the lot line for the house next door on the right Attorney Caffrey states that it is right on the lot line Al Manzi asks about the complaint and who made it. Attorney Caffrey looks to the Board for the findings as explained out in the March 22nd letter. Don Belanger, Inspector of Buildings, and Zoning Enforcement officer is at the podium to speak regarding the cease and desist order. Mr. Belanger states that the property has been partially cleaned up. 21Pp (, e hlrs°iI f I , 2 017 Approved 05/09/2017 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �% g Esq., �� %iso Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger The Towns record of the property showing as a two family although the current property section 6 the code is limiting the nonconforming use. There have been complains over the years regarding parking or lack thereof. I have asked for an not received a plot plan to determine the layout and parking of the property. there have been no permits pulled for this property in regard to having a business at this location. Parking, residential and businesses, one of the issues is life safety Floor Plans, plot plan and a walkthrough with the fire department and the health department There are no records that state anything over than a two family home. Allan Cuscia speaks to the cluster of vehicle on the property is there any gasoline stored on the property The Board is speaking to the Building Inspector regarding the cease and desist order Al also asks what can be done to move this matter forward Don is speaking that yes he is will to do that as long as the life safety issues Al Manzi is asking for a clarification on the zoning issues Don Belanger states that he would like the zoning issues to be addressed Doug Ludgin would like separation on the life safety issues versus the zoning issues. Al Manzi states that there is parking there but how much. Doug Ludgin states that he feels that he would like to see the plot plan for parking Al believes the threshold is the separation of the request. Alexandria Jacobs speaks to the need to have this cease and desist order lifted Don Belanger speaks to the Board and the applicant about a discussion on lifting the cease and desist on a limited basis. Kevin Robinson 67 waters street, asks if Church street a two way street and asks about the GB Zone and an allowed multifamily use. Paul Koch asks for something from 1976 that the landscaping business was there. He also speaks to the fact that it is a residential building and would like information regarding that use. Laurie Quinta, I have known the Kollen family for 20 years and that she supports him. Daves Scokley 6 McCabe court He speaks about Mr. Kollen character. Gary Rodgers 59 Church Street, voices his concerns regarding the yard and quality of the neighborhood also the noise and the hours in regard to the business. Don Belanger and Ellen McIntyre speak about the bylaws regarding hours of operation. Paul Koch states that there are several businesses allowed in the GB Zone. Al Manzi speaks the requirements for a ruling for tonight in the March 22nd letter Paul Koch motions to continue to May 9th Allan Cuscia seconds the motion All in Favor New Public Hearing Paul Koch reads the Legal notice into the record The petition for Donald Stanley for property located at 58 Country Club Circle (Map 064.0, Parcel 0150), North Andover, MA 01845. The applicant is requesting a variance pursuant to section 4.136.3.c.ii.3 for construction of an In-Ground Pool in the R-1 Zoning District. Ellen McIntyre recuses from the vote due to personal conflict 31Pp (, e hlrs°iI f I , 2 017 Approved 05/09/2017 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �% g Esq., �� %iso Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Jerry Zamboras is at the podium to speak for the applicant Donald Stanley the applicant is requesting a variance to build an in ground pool in the Watershed Protection District, and then we filed with the Planning Board. There was a Variance granted in 2006 by the zoning board to build a garage. The subdivision was built in 1998. Al Manzi asks what is driving the need for the Variance Jerry states that due to the wetlands and the topography of the lot and the usability of the property there is ledge out front of the property. the soil and shape of the property also contribute to the need for the location and request for the variance. Al Manzi asks how far from the tributary and if a storm water report was done by Lisa Eggleston and has she renders her findings yet. Al Manzi believes that the storm water report is needed prior to making a decision and would like the Board to see them. The Board is discussing the merits of the application, and the possibility of moving the pool and the retaining wall with fence. The Board would like to see the Lisa Eggleston approved report/plan Paul Koch can you explain what the non-disturb zone. Jerry speaks to the non-disturb zone and its requirements. The intent of the district is to encourage natural growth and to keep the water supply clean by limiting impervious areas. Allan Cuscia asks how many feet into the zone Jerry states it's approximately 15 feet. Paul Koch motions to continue Allan Cuscia 2nds the motion to continue All in favor New Public Hearing Doug Ludgin reads the legal notice into the record The petition of Harold Trombly III, for property address 76 Colgate Drive, North Andover, MA. 01845 (Map 081.0, Parcels 0022), North Andover, MA 01845 in the R4 Zoning District. The applicant is requesting A SPECIAL PERMIT FROM 4.122.22 OF THE ZONING BYLAW (Family Suite in the R-4 Zoning District) is required from the Zoning Board of Appeals. And VARIANCE FROM SECTION 2.37.1 OF THE ZONING BYLAW Al Manzi is recusing himself from this hearing Paul Koch is sitting as Chair in his place. Harold Trombley is at the podium to speak on behalf of his request for a family suite and Variance on size of the unit. Paul Koch opens the discussion for the request Harold Trombley speaks to his request for a family suite for his in-laws they are looking to an open concept for his disabled father in law. Alexandria speaks to the size of the family suite Ellen asks what the size of the existing house Harold states it is 2000 and he would like 1000 square footage. Allan Cuscia speaks to the request and the look and size. Harold Trombley states that his neighbors are here to speak regarding this request. Alexandria speaks to the size of the request and the intent of the bylaw and the need for the size. Ellen McIntyre speaks to the fact that this looks like a two family home. The Board is discussing the intent of the family suite bylaw Harold Trombly would like to continue until May 9th meeting Paul Koch opens it up to let abutters speak 41Pp (, e Airs°iI f 1 , 2 017 Approved 05/09/2017 Town of North Andover ZONING BOARD OF APPEALS Albert Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman Deney Mor anthal D.Paul Koch Jr.Es . Clerk �% g Esq., �� %iso Nathan J. Weinreich Allan Cuscia Alexandria A. Jacobs Esq. Doug Ludgin Zoning Enforcement Officer Donald Belanger Robert Winne, 58 Colgate Drive is at the podium to speak. Mr. Winne I have looked at his proposal and did not see a problem with it I would not be opposed to the family suite. Allan Cuscia motions to continue the hearing until May 09, 2017 Doug Ludgin speaks to the design and the possibility of pushing the family suite addition to the back. Ellen McIntyre 2nd the motion to continue All in favor Miscellaneous Chappa Letter Town Meeting is May 17th Adjournment is (a)10:03 Ellen McIntyre motions to close the public meeting Paul Koch 2nd the motion All in Favor 51Pp (, e Airs°iI f 1 , 2 017