Loading...
HomeMy WebLinkAbout2017.10.10 ZBA Minutes Approved MEETING MINUTES ( /O1f° TOWN OF NORTH ANDOVER I w Board/Committee Name: ZONING BOARD OF APPEALS r; Date: October 10,2017 Time of Meeting: 7:30 PM Location: Town Hall, 120 Main Street 9 Signature Valerie Cinseruli Town Clerk.Date Stamp AGENDA 1. Call to Order called at 7:35 i Present:Albert Manzi, III, Ellen McIntyre,Allan Cuscia, Doug Ludgin, D. Paul Koch, Nathaniel Weinreich j Absent: Donn Faigen, Alexandria Jacobs Staff Present: Valerie Cinserulii, Merylle Chase Gavel given to Albert Manzi, III Pledge of Allegiance 2. Acceptance of Minutes August 8, 2017 Motion made by Ellen McIntyre Seconded Allan Cusca Albert Manzi, III excused from vote (did not attend the last meeting) All in favor Chairman declares approved Jo ce Bradshaw Town Clerk:Open Meeting L,a She gave the boardthe Oath of Office Discussed)the updated changes in the Open Meeting Law 3. 234 Dale Street The applicant David Cronin is requesting two variances. A variance pursuant to Section 4.136.3.c.ii.3 (Watershed District) for construction of a second story addition and a variance pursuant to Section 4.136.3.c.ii.7 for gross floor average (GFA) allowed 50% requested 68.9%,variance of 18.9% in the R-1 Zoning District. 1, Brian Vaughan is at the Podium speaking on behalf of the applicant David Cronin. l 1 Five members are present for a quorum Brian Vaughan discusses the liveable area of the home 1050 square feet which includes the basement Albert Manzi, III asks if the plans for the house is to go up one story Brian Vaughan states that the plans are within the footprint Ellen McIntyre asks where the septic is Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. f tease keep in mind the Town C'lerk's hours of operation and make necessary arrangements to he sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. dote: Matters May he called out of order and not as they appear In the agenda,. 011 MEETING MINUTES TOWN OF NORTH ANDOVER Brian Vaughan not dealing with septic pre-existing home developed when not in watershed. Not subject to restrictions Albert Manzi, III the plan should be heard with the planning board as well. The plan is outside of the 100 foot buffer zone and doesn't show wetland delineation plan. David Cronin states that he cannot file with the planning board until the variance is approved Ellen McIntyre asks if they are expanding the driveway and states that is disturbance to the property Memo from conservation was discussed both parties received it on the day of the meeting. Conservation has not confirmed the wetlands. Ellen McIntyre asked how many bedrooms are being proposed. David Cronin Currently 2 bedrooms and proposing 3 bedrooms and considering the basement a 4th bedroom Doug Ludgin What is the intent of the By-Law when in excess of 50 percent? What prevents the homeowner from coming back in 2 months to file another permit to build again? Brian Vaughan answers it would require another special permit and more meetings Albert Manzi, III It pre-dates the by law Ed Morgan at the podium. He is an abutter and has lived next to David Cronin for 10 years and is in favor of him renovating the home. It will be an improvement to the home and neighborhood. Discussion amongst the board about closing the hearing Ellen McIntyre not comfortable with not having the correct delineation on the plan or with having the Town of Middleton referenced instead of North Andover Doug Ludgin states it is disturbing majority of the site because they are adding a driveway, retaining walls and the plan should reflect it Albert Manzi would be in favor of closing subject to adjusting the errors Ellen McIntyre prefers not sign because she is not comfortable with all the errors Doug Ludgin asks if we vote pending conditions All board members requesting to continue Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear in the agenda. I r r r Q MEETING MINUTES Tl7'IAf'N OF NORTH ANDOVER i t I Ellen Mclntyre would like 2 neer mylars with the correct town and delineation to show watershed and requesting to be 100 feet outside of the buffer zone. D. Paul Koch made a motion to continue on Tuesday, November 14th. All in favor. 1 i I Meeting Materials 1 Variance Application Time Stamped by Town 0lerk's Office 9/7,(14 at 11:47am Variance Plan Building Permit#27280 with supporting documents Owner Authorization Quitclaim Deed Architect Plans i 4. 470 500 530 Boxford Street D. Paul Koch read the legal notice into the record. The Petitioner is requesting dimensional variances for 470 500, 530 Boxford Street to allow for a lot line adjustment between properties depicted as Assessor's Map 105.0, Parcel 041 with adjacent property depicted as Assessors Map 1 105.0 Parcel 042 with adjacent property depicted as Assessors Map 105.0 Parcel 043. A Variance is requested for lot area pursuant to Section 7.1 and Table 2 of the Zoning Bylaw(Dimensional Requirements for Lot Area).A Variance is also requested for minimum contiguous buildable area pursuant to Section 7.1.1 of the Zoning Bylaw in the R-1 Zoning District. Brian Vaughan is at the podium to speak to the application in order to convert 3 lots into 2 lots and build 2 homes. The land was purchased during the 70's by 3 brothers before the lot had wetlands. The owners are trying to salvage the property and build 2 colonial homes. Albert Manzi reading letter from Jennifer Hughes received at 4:15pm on the day of the meeting on conservation. Plenty of street frontage. Al looking at proposed house plans and asks if they are taxed as three lots. i Discussion amongst board on house plans 1 Albert Manzi, III and Brian discussing the plans Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keep in mind tine Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear in the agenda.. fi 1Jyll/ll ,l„ MEETING MINUTES TOWN OF NORTH ,ANDOVER Albert Manzi, III asks if it affects conservation setbacks Brian Vaughan this variance is a conservation issue Allan Cuscia would like to see the lots combined Brian Vaughan needs further release from conservation Chris Kalouras an abutter from 525 Boxford Street lives directly across the street from the property is concerned that the culverts run the entire length of the backside of the property and a pipe runs underneath Boxford Street and empties directly onto his property. He would like to see this go to conservation first. Allan Cuscia believes this will improve the area and make them buildable lots. Headdresses the abutter Chris Kalouras and states that any issues he has with drainage on the property can be discussed at the Conservation Meeting. Albert Manzi, 111 would like more information on the footprint and structure of the building. He feels as though it is not enough information if not going to other board Board is discussing merits of the case Ellen McIntyre asks Attorney Vaughan if he would like to continue or withdraw his application.She favors withdrawal because she doesn't think they have a jurisdiction. Albert Manzi, 111 asks if this requires the planning board or has it already been to planning? Attorney Vaughan answers that it still needs to be heard by planning. Brian Vaughan thinks it should be a continued discussion D. Paul Koch made a motion to continue to November 14th all in favor Meeting Materials Abutter List Plan Review Narrative Variance Application Time Stamped by Town Clerk's Office 9/14/17 at 9:15am Plot Plan Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please licep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed rat the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear in the agenda. 1 MEETING MINUTES TOWN OF NORTH ANDOVER IJ Design of proposed homes Owner Authorization Quitclaim Deed Order of Resource Area Delineation I i Smolak&Vaughan Memorandum of Petition of Variances with exhibits j I i i i 5. 122 Foster Street Albert Manzi, III recused himself from the meeting D. Paul Koch read the legal notice The Petitioner is requesting 5 Variances in accordance with Sections of the Zoning bylaw to construct a 130' Monopole (135'to faux branches) in an R-1 Zoning District: 8.9.3.c.v(1)(Setbacks)Actual Right Side 135 feet, required 600 feet, Variance of 465 feet.. 8.9.3.c.v(1)(Setbacks)Actual Front 173 feet, required 600 feet,Variance of 42.7 feet. 8.9.3.c.v(1)(Fall Zone)Actual right side is 135 feet, required is 270 feet,Variance of 135 feet. 8.9.3.c.v(1)(Fall Zone)Actual front is 1.73 feet, required is 2701 feet Variance of 97 feet. 8.9.3.c(i)(Height General) Proposed 135 feet, allowed 45 feet,Variance required 90 feet. 8.9.3.c(ii)(Height.Ground Mounted Facilities) Proposed 135 feet, allowed 45 feet,Variance required 90 feet. 8.9.4.a.ii (Camouflage by Vegetation) Required 50 feet, proposed interpretation by Board required. 8.9.4.a.iii(2) (Color of Facility) Proposed brown and green monopine,variance required from blue or gray. At the podium to speak is Attorney Brian Grossman and Attorney Chris Sw'iniarski representing Verizon Wireless. I Discussing all the provisions of the tower I Attorney Brian Grossman showing a Power Point presentation. Discussing 2 categories; Height and setbacks for a residential vane. Not clear from the by-laws which states a 50 foot or a 75 percent vegetation provision. Doesn't give distance. It also discusses color of a structure. Ellen McIntyre asks what the height of the equipment cabinets are. Is it higher than the 6 foot fence? 1 Attorney Chris Swiniarski states the equipment cabinets are not taller than 4 feet. The current technology is no longer large shelters. Ellen McIntyre board received the packet from the planning board with all the photos of the proposed mono tower i Notices and agendas are to be posted 48 hours In advance of the meeting exeludint Saturdays,Sundays and legal holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing or topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Mote; Matters may be called out of order and not as they appear In the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER Attorney Brian Grossman says as you can see from the photos the tower is well hidden in the trees Ellen McIntyre makes the point that the leaves have not fallen yet and the structure would look very different. The view from the ball'field is of the most concern. Attorney Brian Grossman The tradeoff of having it on residential area is less than the ball field where there are not that many people.Tried to reduce the all year impact. Allan Cuscia asks if this property will be assessed as personal property Attorney Chris Swiniarski states that most towns do tax the property because it is an improvement to the property Ellen McIntryre states the town will not benefit as much as the homeowner would Allan Cuscia requesting a site visit-better feeling than looking at a presentation. He would like to see where the tower is being placed along with the generator. Ellen McIntyre is asking why it is being placed on a slope area when you have 12 acres of land to work with, Attorney Brian Grossman if you put it towards the rear of the property it would provide less coverage and run into wetland buffer zone. Ellen McIntyre asks what the middle of the property slope is. Wants Attorney Grossman to prove why the tower cannot be put anywhere else. Attorney Brian Grossman Refers to sheet Al would still need a variance relief if you compensate for drop in elevation. Allan Cuscia asks if there is any disturbance of the land Attorney Brian Grossman answers It is outside of the wetland buffer Ellen McIntyre asks how the compound is being accessed and if it is through residential driveways? Steven Kelleher from Varsity Wireless states the driveway will be main entry point and trucking is minimal after first month. After that they will set up a temporary access point. Offered to go out and walk the property with the board Ellen McIntyre is concerned that the road is a blind corner Allan Cuscia Is the generator only supplied for an emergency or is it the power to the main unit? Steve Kelleher states the generator kicks on every 10 days to keep it fresh Notices and agendas are to be hosted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keep in mind the'town Clerk's hours of operation and make necessary arrangements to he sure your hosting is made in an adequate arnount of time. A listing of topics the chair reasonably anticipates will he discussed at the meeting are to he listed on the agenda. Note: Matters may he called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER Ellen McIntyre assts if they submitted a Radio Frequency Admissions Report result and if it is in compliance with the guidelines Attorney Chris 5winiarski states the noise is less than the people speaking in the room and generator doesn't run 24/7. Allan Cuscia how did North Andover become the chosen site and will this improve call service? Attorney Brian Grossman states this will be a big improvement to the area (see chart) He explains the difference in coverage when referring to the chart and the most need for coverage is North Andover Allan Cuscia asks what Plan B is and what happens if this is denied'. Attorney Brian Grossman there is no plan B Ellen Mclntyre.wants to see the slide where it shows the difference in coverage D. Pahl Koch It appears to be a dramatic change Ellen McIntyre asks what is the tower is placed further back on the property Attorney Brian Grossman if there is too much tree coverage near the tower the signal is reduced which will reduce coverage Ellen McIntyre did you provide coverage for a 100 foot tower? I Attorney Brian Grossman No i Ellen McIntyre You could have proposed what coverage would have been with a 100 foot tower Attorney Chris 5winiarski from Verizon stated that would not work due to too many carriers and everyone needs 10 feet distance on the pole. We can create models if needed i Allan Cuscia what happens if there is a hurricane in regard to the structural integrity of the pole. Attorney Brian Grossman states the requirements are all built in to meet certain specifications and they will have to certify for construction Ellen McIntire By law requires a fall zone and safety requirement. Did you do a safety analysis and have someone certify it. Attorney Brian Grossman answers they are designed not to fall and they have stress points and will buckle with fall. The nearest property is 135 feet away. I Notices and agendas are to be posted 48 hours in advance of the meeting;excludin Saturdays,Sundays and legal holidays. Please lceep in mind the Town Cleric's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of tione. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF FORTH ANDOVER Ellen McIntyre asks what if the pole falls and bounces. So close to property. Is this something you can gu!arantee? Attorney Brian Grossman said closest structure is 135 feet away tower is compliant and chances of that happening are not slim and none and he cannot guarantee 101 percent. Ellen McIntyre wants to see a copy of the Planning Board Peer Review materials from David Maxson, WCP. Attorney Brian Grossman Isotrope Wireless, David Maxson, WCP has given an opinion to the planning board but he is not a structural engineer. Abutter from 160 Foster Street They contacted her years ago about putting a tower on her property and she was not interested. This property is the original Foster Farm from the 1700's. The last farming landscape in the area. She has vegetation and animals and is concerned about this tower changing the landscape of the property and the long term affects the tower will have on the vegetation. She has lived on Foster Street for 35 years. Many bikers and conservation trail that the community uses. She has not noticed having any coverage issues. D. Paul Koch states that the ZBA is there to hear the variances and is up to the planning board. Attorney Brian Grossman states the tower should be in a residential area and has spoken to many bikers that would like more coverage when on the trails in case of an emergency and that they need to contact someone. Ellen McIntyre asks if Varsity Wireless looked at placing the tower on town land versus placing it on residential property Attorney Brian Grossman responds with most town lots are conversation parcels and more variances would be needed Ellen McIntyre would like to review each variance one by one at the next meeting on November 14th. The next step is to choose a date for a site visit and it would be beneficial to have it before the next ZBA meeting D Paul Koch made a motion to continue. Doug Ludgin seconded the vote. All in favor November 14th continuation Site visit scheduled for Sunday, October 27th at 10am Meeting Materials Memorandum from Anderson & Kreiger on the Variances that are being requested for 122 Foster Street ZBA Application for a Variance Time Stamped by Town Clerk 9/13/17 at 12:15pm Plot Plan Proposed RF Report by Verizon Photos of existing and proposed coverage Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays, Please keep in mind the Town Clerk's hours of operation and Quake necessary arrangements to be sure your pasting is made in an adequate amount or time. A,.listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note. Matters Ay be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER i Statement of Stephen Kelleher Environmental Sound Assessment Tree Cover Assessment pursuant of the Town of Borth Andover Zoning Bylaws Town of Borth Andover Zoning Map Antenna Structure Registration Radio Station Authorization for AT&T Radio Station Authorization for Cellco Partnership Radiation Safety Specialist prepared by Donald L. Haes Jr, PH.D., CHP Letter of Authorization Abutter List Zoning Bylaw Review Form Quitclaim Deed North Andover Staff Planner Rebecca Oldham Site Review Plan Photographic Simulation Package i 5. Miscellaneous CHAPA Letter,dates August 28,2017 I I i I 6, Adiournment Meeting adjourned at 10:33pm Made by Ellen and seconded by Allan i I i Notices and agendas are to be posted 48 hours in advance of the meetingexeludine Saturdays,Sundays and legal holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting ismade in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear in the agenda. 1