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HomeMy WebLinkAbout2017-05-09 Zoning Board of Appeals Minutes Town of North Andover ZONING BOARD OF APPEALS Alhert 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 May 9, 2017 at 7:00 PM Town Hall 120 Main Street, North Andover, Massachusetts Members present:Al Manzi III, Esq., Ellen P McIntyre,Allan Cuscia, D. Paul Koch Jr Esq. and Douglas Ludgin Associate Members present:Alexandria Jacobs, Esq., and Nathan Weinreich &Deney Morganthal Albert P. Manzi III called the Meeting to order at 7:32pm Pledge of Allegiance Informational Presentation for 1600 Osgood Street as to Warrant Articles 9, 10& 11 for Town Meeting by Petitioner. Albert P. Manzi III noted Item 4 is being taken off the agenda;the applicant has withdrawn due to time. No action taken. Acceptance of Minutes March 30, 2017&April 11, 2017 MOTION: Ellen McIntyre made a motion to approve the minutes for Thursday March 30, 2017&Tuesday April 11, 2017. Allan Cuscia seconded the motion.Those voting in favor to approve the minutes were: Albert Manzi III, Ellen McIntyre, Allan Cuscia, Doug Ludgin, Alexandria Jacobs and Nathan Weinreich and Deney Morganthal. (D. P. Koch not arrived yet) The Chairman declared the minutes approved. Discussion Items Reduction of Berry Farms Bond—(Albert P. Manzi 111 recused himself from the discussion) Eric Kfoury, Director of Community& Economic Development, noted the Berry Farms project is completed. Conservation is withholding$150,000 in funds.The original bond was for$1.8 million dollars;the applicant has asked for a bond reduction determined upon the approval by the Town Engineer, Conservation and Community& Economic Development.The reduction would reduce the bond to $163,500, a $150,000. Is for Conservation line items; $13,500 will be retained for street acceptance and other minor items. All final CO's have been issued. MOTION:Allan Cuscia made a motion to reduce the bond, as noted in the memorandum for Berry Farms. Doug Ludgin seconded the motion to reduce the bond as noted in the May 2, 2017 memorandum. Ellen McIntyre,Allan Cuscia, Alexandria Jacobs, Doug Ludgin, Nathan Weinreich and Deney Morganthal approved the motion.The vote was 6-0, unanimous in favor. (D. P. Koch not arrived yet). Housing Production Plan— Eric Kfoury presented the Housing Production Plan;the original plan expired in 2012.The Merrimack Valley Planning Commission received grant monies to develop a regional housing plan; eleven communities are participating in this effort. Each participating community will have an individual Chapter which if approved the BOS and Planning Board, will qualify as a Housing Production Plan.Three regional workshops and two community meetings are being planned and will be coordinated with the consultant for the NA Master Plan Committee. May 24th is the first regional meeting 6-8 pm at Northern Essex Community College, Lawrence, MA. Eric Kfoury is hopeful a member of the ZBA will become part of this process. The group will be looking at the Town of North Andover demographics; number of starter homes in the area, market rate rentals, multi-family housing, etc. Once accepted by the State, under 40B,there are some provisions where 1111atgc May 01) , 20 V "7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 would be a moratorium in place as protection for the town. Eric Kfoury would like to arrange to for the committee to present to the ZBA;the project will be completed by December of this calendar year. New Public Hearing- Concurrent with Continued 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 new public hearing Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover Town Hall, located at 120 Main Street,North Andover, MA on Tuesday, May 9,2017,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, MA01845 inthe R-3 Zoning District, as amended by amended application materials filed on April 13, 2017. The Petitioner is requesting: Variances from the R-3 Zoning District Sections 4.121 and 7.1.1 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, Table 2 Summary of Dimensional Requirements variance, Lot 1 - Required C.B.A. 18,750 s.f. (75%) proposed 15,770 s.f. (63%) variance needed 2,980 s.f. (12%), Lot2-Required C.B.A.18,750 s.f.(75%)proposed 14,050s.f.(56%) variance needed 4,700 s.f. (19%), Table2 Summaryof Dimensional Requirements variance Lot 2-Required Front Setback 30' feet proposed 21'feet variance needed 9'feet. Application and supporting materials are available for review at the office of the Zoning Department located at 120 Main 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:April 25, 2017 & May 02, 2017. Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover Town Hall. The petitioner is requesting variances form the R3 subdivide into two lots and additional request for a setback variance. Application and supporting materials are available for review by order of the Board of Appeals. Don Borenstein,Atty.Applicant's representative,was at the podium/table to speak: This is an existing residential property built in 1880 in the R3 District on an approx.41K sf lot. In 1963,the owner was granted a variance to divide the lot into two parcels; a 25K sf lot and a variance parcel-16 sf lot;there was no action taken and the property remains with the original homeowner.We are in front of you with a plan to preserve the 1880 home and construction of a new home consistent stylistically with the original home. (Displayed renderings) We propose a condition stating this project will be completed in accordance with the variances and plans submitted. Our commitment is to build this project as you see it. Spacing of the homes has changed slightly.There were questions regarding trees along the boundary at the Special Meeting in April;the existing home is tight within the setback;there is an existing tree buffer located there. We have relocated the addition to the new home pulling it back so that all new construction is outside the 20 ft. side yard setback. In addition,we engaged a professional arborist and have committed to not removing any trees within that 20 ft. side setback unless the arborist recommends removal for construction or public safety. We will replace in kind with nursery stock as a proposed condition. Our goal is to maintain that original tree buffer.The lot shapes as shown and house placement has improved;the original 2111atgc Many 0 ) , 2 V 7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 lot shapes were not an ideal configuration;there are wetlands to the rear of the site forcing our work forward the home is brought forward by 9 ft.; it is now 21 ft. from the right of way;the home is now pushed 24 ft.to the south;the addition is now out of the setback eliminating one of the variances; gaining a variance to the front of the site.We are asking the Board to consider the three season porch we now show to the rear of the new home overlooking the wetlands and Trustees of the Reservations property. It now resembles the original variance line. Our limit of work is no further than the 25 ft. no disturb line, preserving the rear of the property. Conservation may impose a tighter limit if work. We have not increased our request for variances.The homes are consistent with the neighborhood and average home sales;the new home will be 3, 160 sq.ft. Ellen McIntyre: Did the buildable area change? Don Borenstein: No it did not;the only new variance is going from 30 ft. at the front of the property to 21 ft. requiring a 9 ft. variance. Albert Manzi III:You are proposing pavement inside the 50 but outside the 25 on Lot 2. How does that work? Don Borenstein: Buildings are prohibited within the 50 ft.; pavement is allowed between the 25 and 50 ft. Albert Manzi III:Any storm water issues with the new impervious driveway? Don Borenstein: Displayed the existing driveway paved and gravel which is being removed the extent of new driveway is being reduced. Patty Massey, Abutter,411 Pleasant St: Voiced concerns of water issues on Stevens St. A lot of new homes have been built into the hill in this area. I have water concerns with an additional new home. I don't understand the mention of the 1963 variance;this is a totally new application. I also don't understand the"hardship";the aesthetics of this home and to ensure that a huge new home isn't built there;this wasn't listed as two lots, one home could have been renovated. Albert Manzi III: They are referencing the variance because it's historical information.The hardship they are presenting is related to the soils, shape and topography of the land. It is the nexus of all of it that we need to determine. Tom Howlett, Abutter 255 Stevens St.: I appreciate the work involved with regard to the tree issues.You are setting a precedent on an undersized lot to build two homes.What is to prevent this from happening in the future? Runoff from the hill is a concern; any disruptions may change the groundwater. Moving the houses closer to the street prohibits the ability to place sidewalks in front of the property. Albert Manzi III: Usually there's an easement. Don Borenstein: Runoff from this project will be addressed within the Order of Conditions. MOTION: D. Paul Koch (arrived at 7:30 p.m.) made a motion to close the Public Hearing.The motion was seconded by Allan Cuscia. 3111atg Many 0 ) , 2 V 7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 Those voting in favor were: Albert P. Manzi III, D.Paul Koch, Ellen McIntyre, Allan Cuscia, and Alexandria Jacobs.The vote was 5-0, unanimous in favor. MOTION: D. Paul Koch made a motion to approve Allan Cuscia seconded the motion.Those voting in favor were: Albert P. Manzi III, D.Paul Koch, Ellen McIntyre, Allan Cuscia, and Alexandria Jacobs.The vote was 5-0, unanimous in favor. Continued Public Hearing 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, Atty. Applicant's representative, was at the podium/table to speak: Attorney Caffrey asks to hand out information to the Board that has transpired since the last meeting of the Zoning Board of Appeals. Albert Manzi III:Asks if this information has been filed with the Zoning Board Assistant? Matthew Caffrey, Atty.: States that this information only became available today prior to the meeting,this item is a new Cease and Desist Order by the Inspector of Buildings Donald Belanger received today. Attorney Caffrey states that on Friday on last week a police officer came to Mr.Kollens property and delivered this Cease and Desist order at 5:30pm this Cease and Desist order related to the use of the property as a multifamily unit. Attached to the copy of the Cease and Desist order also provided is a copy of the minutes granting variance from the Towns Zoning Board of Appeals dated July 19, 1971. Albert Manzi III:Asks if this relates to the current hearing or if this is a new item? The Board members are discussing the new information and the relevance of this information to the current hearing. Matthew Caffrey, Atty.: States that in the interim of last month's ZBA meeting and tonight neither he nor his client have heard from the Inspector of Buildings how it is that a grounds keeping business is not a permitted business/use in a General Business (GB) Zone. In my letter dated March 22, 2017 Aggrieved Party's Request for Specific Findings which provides the Board with all the necessary information to find that a landscaping business is a permitted use in the GB Zone. Albert Manzi III: In that letter dated March 22, 2017 "#5. Zoning Status/ Pre-Existing, Non-Conforming Use which states that "The Building Inspector erred when applying the Bylaw to the current use of the subject Property because that use constitutes a pre-existing, non-conforming use under the Bylaw.The Aggrieved Party has submitted testimony that he operated his landscaping business continuously at the Property since 1976. " Matthew Caffrey, Atty.: Directs the Board to look at the letter send by the Inspector of Buildings dated February 15, 2017 the allegations in this letter is that a grounds keeping business is not allowed in this Zone (GB). Attorney Caffrey states that what he refutes this claim by presenting to the board the fact that we are in a General Business district and that entitles the Mr. Kollen to run a business. Attorney Caffrey quotes section 4.131.1 of the Town of North Andover Bylaw.The Inspector of Buildings has not given us a denial of that we have had no response from the inspector of Buildings as to that allegation that 4111atgc May 01) , 20 V "7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 we in fact fall within that definition. Number two in my Appeal letter we make the claim which includes a Contractors Yard which is called out on the Summary Table as a permitted use as of right. Ellen McIntyre:Asks where the equipment is located is it on the side of the building or the back? Matthew Caffrey, Atty.: States that it is behind the property and between the two properties. Albert Manzi III:The pictures that were submitted to the Board on April 11, 2017 show the vehicles,the garage and the yard,the issue I see from the pictures is the number of vehicles that would reasonably fit with in the property. Matthew Caffrey, Atty.: States that the applicant is working on a parking plan for the property and have engaged a surveyor at the expense of the applicant at a cost of around $1,700.00. Albert Manzi III:The Variance in question for the third unit was granted in 1971? Matthew Caffrey, Atty.: Per the minutes attached to my letter dated May 19, 2017.The Cease and Desist has been since 02/15/2017—losing$1,000.00 week which creates a substantial hardship. Albert Manzi III: In the last meeting my take on the discussion was not whether or not it was permitted it was to the fact of it being a clustered site that had trucks on the street in front of neighboring properties and in the context of the operation of the yard was somewhat expansive within the neighborhood as opposed to being limited to the area where the site is. Is the site all on one property or multiple? Matthew Caffrey, Atty. Asks if a Cease and Desist was really the way to go or should we have worked out a parking plan, which is what we are currently working on. Albert Manzi III States that there are a lot of different factors that play into an inspector of Buildings decision. Ellen McIntyre: Inquires what was done in the last month? Have you met with the Inspector of Buildings during that time? Matthew Caffrey, Atty: States that in the last month they have hired a JM Associated to conduct a parking survey/plan for the property. Emails have been exchanged. My belief is that the only thing that can be done is for us to meet with the Inspector of Buildings to review a parking plan, but the problem is while we are waiting for that to happen my client is losing about$1,000.00 a week in lost income, due to the Cease and Desist Order so what I am here to ask for is for the Board to allow us to continue to operate with the condition that we submit to and arrive at some type of agreement with the inspector of Buildings with regard to the parking issue within the next 60 days.That would allow my client to operate his business which right now he is suffering irreparable harm. Albert Manzi III: I believe all you would have to do is show what can fit reasonably on the lot in regard to parking.(80:02) 5111atgc May 01) , 20 V "7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 MOTION:Allan Cuscia made a motion to continue the Public Hearing until June 13, 2017 with the condition to suspend the Cease and Desist Order for 90 days.The motion was seconded by D.Paul Koch.Those voting in favor were:Albert P. Manzi III, D.Paul Koch, Ellen McIntyre, Allan Cuscia, and Alexandria Jacobs.The vote was 5-0, unanimous in favor. Continued Public Hearing 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: Reuses herself from this hearing. George Zambouras: Is at the podium to speak on behalf of the Owner Donald Stanley. George Zambouras hands out a revised plan with new calculations and states that these plans were received late. Lisa Eggleston has approved the new plans. He also states that a new Wetland Delineation needs to be done and that they are awaiting that information. D.Paul Koch: Is asking for clarification on what is in need of relief now that the pool has been moved out of the non- disturbance buffer zone. George Zambouras: States that relief is still needed for the retaining wall and fence both are considered structures. MOTION: D. Paul Koch made a motion to close the Public Hearing.The motion was seconded by Allan Cuscia. Those voting in favor were:Albert P. Manzi III, D.Paul Koch,Allan Cuscia, Alexandria Jacobs and Deney Morganthal.The vote was 5-0, unanimous in favor. MOTION: D. Paul Koch made a motion to approve the Variance for 58 Country Club Circle with the following conditions: that soil testing is done at the time of installation to insure that the Cultec unit is not in the groundwater. Allan Cuscia seconded the motion.Those voting in favor were: Albert P. Manzi III, D.Paul Koch, Ellen McIntyre, Allan Cuscia, and Alexandria Jacobs.The vote was 5-0, unanimous in favor. Continued Public Hearing 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 section(s) 4.122.22 of the Zoning Bylaw (Family Suite in the R-4 Zoning District) is required from the Zoning Board of Appeal, and a Variance from Section 2.37.1 of the Zoning Bylaw. Albert Manzi III: Reuses himself from this hearing. MOTION: D.Paul Koch made a motion to approve the withdrawal without prejudice request by the applicant for 76 Colgate and close Public Hearing.The motion was seconded by Ellen McIntyre,those voting in favor were: D.Paul Koch, Ellen McIntyre, Allan Cuscia, Doug Ludgin, Alexandria Jacobs.The vote was 5-0, unanimous in favor. 6111atgc Many 0 ) , 2 V 7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 Petitioner is requesting a Variance from Table 2 Dimensional Requirements R-1 Zone:Allowed Height 35 Feet, Proposed Height 48 Feet, and 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 Albert Manzi III: Is back to Chair the Public Hearing and states that there was a site visit to 1160 Great Pond Road on April 25, 2017. Al states that he found the site visit very beneficial as it relates to understanding the different grade levels of the site and how the height calculations were done. Jason Bowers and Steve Scribner—AnnBeha Architects:Are at the podium to speak on behalf of the Brooks School for this proposed project.Jason Bowers is showing the Board an aerial view of the site,with all of the ridge heights and a number of eve heights on the Campus which shows the relationship in height of the new proposed building to the buildings on site. Jason Bowers is also showing the Board a Topographical view of the relation to the new proposed building. Albert Manzi III:Asks what the height of the proposed roofline is and what the roof height of the Barn is. Jason Bowers and Steve Scribner—AnnBeha Architects: States that the roof line of the barn is at 244 and then the West ridge of the proposed Building portion on Main Street is at 237 which is lower and the theater ridge will be at 249 which is slightly higher than the barn but lower than the existing barn cupola. Albert Manzi III: States that he would like to see the mature trees and vegetation kept. Ellen McIntyre:This is a watershed proposed variance in the non-disturbance zone. Jason Bowers and Steve Scribner—AnnBeha Architects: state that submitted as part of their package are Special Permit for Site Plan review and Watershed Special Permits issued by the Planning Board. MOTION:Allan Cuscia made a motion to close the Public Hearing.The motion was seconded by D.Paul Koch.Those voting in favor were:Albert P. Manzi III, D.Paul Koch, Ellen McIntyre,Allan Cuscia, and Alexandria Jacobs.The vote was 5-0, unanimous in favor. MOTION: D.Paul Koch made a motion to approve the application of Brooks School, for property 1160 Great Pond Road (Map 0103.0, Parcels 0028), North Andover.The motion was seconded by Ellen McIntyre.Those voting in favor were: Albert P. Manzi III, D.Paul Koch, Ellen McIntyre, Allan Cuscia, and Doug Ludgin.The vote was 5-0, unanimous in favor. New Public Hearing The petition for Bread and Roses Housing Inc., for property 70 May Street(Map 018.0, Parcel 0021), North Andover, MA 01845 in the R4 Zoning District. D. Paul Koch read the new Public Hearing Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at Town Hall located at 120 Main Street, North Andover, MA on Tuesday, May 09, 2017, at 7:30 PM to all parties 7111atgc Many 0 ) , 2 V 7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 interested in the petition of Bread and Roses Housing Inc., for property 70 May Street (Map 018.0, Parcel 0021), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting: Variances from Table 2 Summary Dimensional Requirements to Construct a New Single Family Home. Zoning Bylaw Section 7.1 Lot Area: Required 12,500 Feet, Proposed 3,485 Feet, Relief Needed 9,015 Feet. Zoning Bylaw Section 7.3 Yards (Setbacks): Required Front 30.0 Feet, Proposed Front 10.0 Feet, Relief Needed 20.0 Feet. Required Left Side 20.0 Feet, Proposed Left Side 8.0, Relief Needed 12.0 Feet, Required Right Side 20.0 Feet, Proposed Right Side 10.5, Relief Needed 9.5 Feet.Zoning Bylaw Section 7.31 Projections into Front Yards: Required Front 30.0 Feet, Proposed 4.0 Feet, Relief Needed 26.0 Feet. Zoning Bylaw Section 7.33 Projections into Rear Yards: Required Rear 30.0 Feet, Proposed 26.0 Feet, Relief Needed 4.0 Feet. Zoning Bylaw Section 7.2 Street Frontage: Required Frontage 100 Feet, Proposed 42.0 Feet, Relief Needed 58.0 Feet. Zoning Bylaw Section 7.5 Lot Coverage: Required Lot Coverage 75%, Proposed 44%, Relief Needed 31%. Application and supporting materials are available for review at the office of the Zoning Department located at 120 Main 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 April 25, 2017& May 02, 2017 Alan Cuscia; recuses himself from this hearing. Yesina Gil— Executive Director Bread & Roses Housing: Supported by Laurie Burzlaff, Affordable Housing Trust& George Koehler, Levis Company the Partner and Contractor. Bread & Roses Housing is a 501C organization; we have an office in the City of Lawrence, but Operate in and around the Lawrence Area, which includes North Andover. We currently have or have developed 3 properties including this 70 May Street project for a total of 4 Units. Our mission is to break the cycle of housing instability and we do this thru affordable housing and we do that by way of a community land trust. We are the abutter of this property at 64-66 May Street which is a property we developed last year.This is our third collaboration but our first time in front of the Zoning Board of Appeals. Our purpose is to allow for lower income households to be able to continue to live in the community.We are seeking relief in several of your Zoning Bylaw requirement,this is a small lot and the existing structure is currently non-conforming is many ways. Ellen McIntyre: So are you knocking down the existing structure and replacing it with exactly what's there? Yesina Gil— Executive Director Bread & Roses: No the proposed plan was submitted as part of our application the new structure will be approximately 500 feet larger the existing home is approximately 1100 square feet. Ellen McIntyre: I do not see a plan showing the existing home and where it is located. Laurie Burzlaff:The existing house currently sits right on the lot line. Albert Manzi III:When you talk about affordable 501C what does that mean? 8111atgc Many 0 ) , 2 V 7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 Yesina Gil: We are a non-profit Community Land Trust that develop affordable housing for Low income families in particular ownership instead of rental properties. In a Community Land Trust model the organization retains ownership of the land as a land steward to insure affordability for the long term and we sell the structure to the low income families. Laurie Burzlaff:The Affordable Housing Trust provided $125,000.To purchase the property along with the Community Preservation Committee,this allows them to sell the property below market rate so that it will qualify into the low income price bracket. Ellen McIntyre:Who sets the standards for a property price? Laurie Burzlaff: Department of Housing and Urban Development set the standards. Ellen McIntyre: Currently when a home goes into foreclosure the Low income restriction is lifted and the Town loses its restriction, does the same thing happen with these properties? Laurie Burzlaff:We are currently working with Town Counsel to preserve those with restriction on them. There is discussion amongst the Board members and Laurie Burzlaff regarding the affordability restrictions regarding sales and foreclosures of low income housing and the different efforts the Town and the Affordable Housing Trust is working on maintaining the restrictions in perpetuity for these properties.Also discussed is the Towns first right of refusal for these properties. The concern is the amount of Variances requested for this project. Laurie Burzlaff: In neighborhoods where there are unoccupied or properties in disrepair these projects offer a twofold goal with cleaning up the neighborhood which increases property values and to assist in low income housing. She also mentions that although this project looks to be requesting a lot of Variances if you were to look the existing home you will see that the new proposed building is larger but will move the building away from the lot line which is where the current home sits. Albert Manzi III: Does the Affordability restriction run with the land of with the structure in perpetuity? Does it go into the Town's count? Laurie Burzlaff:We are still trying to determine that. We were told last year by Town Counsel that the Affordable Trust Properties are not included in that count due to the type of restrictions we place on the property. Albert Manzi III: Interesting to know- if we lose it then the Town might never reach the 10%goal. Who makes the decision whether or not they count toward the Towns 10%?What happens if your Agency does not want to hold title to the land any longer? Does the Town retain a first right of refusal. Yesina Gil : It is also restricted thru the Affordable Housing Trust so at that point it would default to them. Also all properties we develop and hold title to have a 99 year ground lease. 9111atgc Many 0 ) , 2 V 7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 George Koehler: Is speaking to the restrictions that are placed on the properties thru Affordable Housing Trust and that fact they are part of the deed itself. Albert Manzi III:The property seems to be in disrepair that being said these are quiet significant Variances being requested. Yesina Gil: As mentioned before the structure is in disrepair and obsolete for today's families,the need for relief is because of the small lot size. If we had to tear down the existing structure just to put back the same structure in the same footprint then it would be efficient for today's families. Albert Manzi III: I noticed that there are two sets of plans can you please explain this? Yesina Gil:Yes the difference between the plans are the driveways,the first plan is the one that has a u-shaped design and is our preferred plan, It allows us to maximize the yard space and in addition as I have mentioned this property is a corner lot and for safety issue it is the preferred design. The other has the driveway and parking to the rear of the property. Ellen McIntyre:Asks about the house plan. Yesina Gil: It will be a three bedroom two bathroom house. Albert Manzi III: Questions whether or not a three bedroom house would require more than just two parking spaces? Yesina Gil:Two parking spaces are all that is required and with past properties that we have done it has been sufficient. Ellen McIntyre: In that area how big are the average lot sizes? I do not have anything here to show me the neighboring properties. Usually site plans will show the abutting properties to give an idea of the neighborhood. Albert Manzi III: Pick a plan and have Mr.Giles amend the plot plan to encompass everything you are looking for and will give us a conceptual with regard to the landscaping, water runoff—infiltration,gutters or downspouts. Joe Levis: is at the podium to speak to the project. He has been working in construction and renovating for 15-18years and did the renovations on the Bread & Roses property next door. He states that it is a small lot and that they are trying to take the worst house on the street and move it a little bit in order to make an amazing transformation to this property and to the neighborhood in general. He also speaks to the Bread and Roses Organization and that it is a great non-profit. D.Paul Koch: Asks about the landscaping design and the removal of trees. Yesina Gil: States that yes there is a landscape design and that yes some trees have been removed and will be removed. Albert Manzi III:Asks if new trees and plants will be added to the property? 10111atge Many 0 ) , 201 7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 Yesina Gil: States that yes there will be a lot of landscaping done to the property and that new trees will be planted. Doug Ludgin:The U-shaped driveway—15x8' looks to be close or touching the house on the plans as it it drawn which is not feasible cars would be too close to the structure.Therefore would lean more toward the second option. Yesina Gil: Front property tree has not been removed some trees have been removed in the back of the property. Doug Ludgin: How about the existing 24'tree is it to be removed? Laurie Burzlaff: Understand a lot a Variance is being requested what is currently there is non-conforming this would be making it better for the Town, homeowner and neighborhood and the house size is almost the same as the current. Ellen McIntyre: Is the current size 1536 square feet. Albert Manzi III:Would like to see if the title restrictions transfer and if the Town has first right of refusal or if the Affordable Housing Trust and out investment protected. Unique selling structure vs. land. Ellen McIntyre:Would like to see the boiler plate deed restriction. Laurie Burzlaff:The restrictions run with the land. Albert Manzi III:Asks if the applicant would like to continue to the June 131h meeting MOTION: D.Paul Koch made a motion to continue the Public Hearing until June 13, 2017.The motion was seconded by Ellen McIntyre those voting in favor were: Albert P. Manzi III, D.Paul Koch, Ellen McIntyre, Doug Ludgin and .The vote was 4-0, unanimous in favor. New Public Hearing The petition for TKZ LLC. For property located at 1665 Great Pond Road (Map 062.0, Parcel 0012), 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 D. Paul Koch read the new Public Hearing Legal Notice: Notice is hereby given that the Board of Appeals will hold a public hearing at Town Hall at 120 Main Street, North Andover, MA on May 09, 2017 at 7:30 PM to all parties interested in the petition for TKZ LLC. For property located at 1665 Great Pond Road (Map 062.0, Parcel 0012), 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. 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 Bylaws. Application and supporting materials are available for review at the office of the Zoning Department located at 120 Main Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-400,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 11111atge, May 01) , 201 7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 published in the Eagle Tribune on:April 25, 2017& May 02, 2017. Albert Manzi III: Reuses himself from this hearing. Allan Cuscia: Is excused from this meeting. Thomas Zahoruiko—Manager,TKZ LLC.: Is at the podium to speak on behalf of this application the project is currently concurrently by being heard by the Planning Board and Conservation Commission. Although it is not specifically related to the pool. We have gone thru an outside consulting review for the Planning Board regarding the proposed pool as well as the patio and the repaving of the driveway. If you recall this house was built in the 50s originally and that house was taken down in order for us to build this current home in its place. Much of the work on this site was previously approved with the exception of the pool. We have gone thru the outside consult review with no issues being unresolved you should have a copy of that with the follow up information in your packet.The proposed patio and pool has a infiltration trench which is typical in this type of project. We had a discussion with the Planning Board regarding this installation there was no objection but it was left open awaiting a decision from the ZBA. If you look at the plan you can see the pool cannot be moved or pushed back due to the non-disturbance zone and the arrow shape of the lot and becomes pretty narrow. Outside the non-disturbance there is a four foot retaining wall and then proceeds at a pretty steep grade after that, so due to the Shape and topography of the lot as well as the setback issue which would result if we tried to push it back the lot precludes doing that. Ellen McIntyre: asks what type of pool is being installed vinyl or gahnite. Thomas Zahoruiko: It's a small pool 14x24 foot probably be a vinyl line in ground pool. Doug Ludgin: Asks what type of patio is it impervious pavers? Thomas Zahoruiko: States that it will be impervious stamped concrete. Ellen McIntyre:The Town Planner letter dated March 22, 2017only talks about the driveway and not the pool are they aware of the pool? Thomas Zahoruiko:That letter is specifically related to the driveway for the DPW Engineers review. I provided the information because this project is being heard by three different Boards and I wanted all Board to have the same information. Ellen McIntyre:What does the Town own as an abutter? Thomas Zahoruiko:That would be Rea's Pond pumping station. Abutter Maureen Daher—1675 Great Pond—Is at the podium to speak regarding this project I just wanted to say that the laws the Town has put in place to protect the environment and the watershed, I do have concerns about Variances that 12111atge Many 0 ) , 201 7 Town of North Andover ZONING BOARD OF APPEALS Alhert 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 disrupt those laws and the negative impact on what we are trying to maintain which is a healthy watershed. I am worried about the mechanical disturbance and I cannot help but wonder about the granting of such a Variance and the precedence it would set. I would like to think that most residential appreciate the laws that are in place to protect the environment and the watershed. My family has been here over 300 years and I drink this water as well and we would like it to be good for the next 300 years. Thomas Zahoruiko: Is back at the podium to address the concerns and fully understands and appreciates the issues with the watershed that why fully engineer and have outside consults to review these projects. Ellen McIntyre:Asks how he would safeguard it? Thomas Zahoruiko: Infiltration trenches and with the erosion control and will the placement of the overflow control with the best management practices. Doug Ludgin: I appreciate the minimum scale of the project being proposed and think it is within the scale and aligns well with the structure and intent. Thomas Zahoruiko:To give a reference there were other structures on this site so before we owned the property there was more impervious structures than is currently on the site. MOTION: D.Paul Koch made a motion to close the Public Hearing.The motion was seconded by Doug Ludgin those voting in favor were: D.Paul Koch, Ellen McIntyre, Doug Ludgin, and Nathan Weinreich.The vote was 5-0, unanimous in favor. MOTION: D.Paul made a motion to close the Public Hearing.The motion was seconded by Doug Ludgin those voting in favor were: D.Paul Koch, Ellen McIntyre, Doug Ludgin, and Nathan Weinreich.The vote was 5-0, unanimous in favor Miscellaneous Korde&Associates Letter 04.13.2017 Warrant Article Discussion [Discussion withheld due to time constraints] Adjournment: 10:40 p.m. Alexandria Jacobs made a motion to adjourn the meeting. D.P. Koch seconded the motion.The meeting adjourned at 10:40 p.m. 13111atg Many 0 ) , 201 7