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HomeMy WebLinkAbout2017-12-12 Zoning Board of Appeals Minutes to MEETING MINUTES TOWN OF NORTH ANDOVER Board/Committee Name: ZONING BOARD OF APPEALS Date: December 12, 2017 Time of Meeting: 7:30 PM Location: Town Hall, 120 Main Street Signature Valerie Cinseruli Town Clerk Date Stamp i AGENDA Call to Order called at 7:30 Present: Albert Manzi, Ill, Ellen McIntyre, Allan Cuscia, Doug Ludgin, D. Paul Koch, Nathaniel Weinreich, Ronn Faigen,Alexandria Jacobs Absent: Ronn Fai,gen Staff Present: Valerie Cinscruli Gavel given to Albert Manzi, Ill Pledge of.allegiance Minutes Approval Motion: (The October 10, 2017 minutes were approved and the November 14,2,017 were tabled until the December 20, 2017. meeting.)Allan Cuscia requested his question of cell phones per family be added to the minutes. Albert Manzi made a motion to continue and Paul D. Foch opposed. 197 High Street continued Public Hearing The petition for Jeffco, Inc. for property located at 197 High Street (Map 066.0, Parcel 0044), North Andover, MA. 01845 in the R4 Zoning District. (continued to the January 9, 2018 Zoning Board meeting) { 470 500 530 Boxford Street continued Public Hearin . The Petition of Michael, Thomas and Cornelius Donovan, for property located at 470, 500 and 530 Boxford. Street (Map 105.0, Parcel 41, 42 &43)4 North Andover, MA. 01845 in the R1 Zoning District, 1 1 Brian Vaughan and Michael Donovan present at the table Brian Vaughan discusses the 3 existing lots that are taxed by the town but one lot is non- conforming. The request is to make the three lots into 2 lots compliant with Zoning. A revised 11x17 plan for the proposed homes was presented to the Zoning Board. At the last meeting,they spoke of the drainage and culvert issues. Storm Water findings from the engineer were also included at this meeting for the Zoning Board. Town Culverts are designed to take water from one side of the street to the other. Allan Cuscia aksed what a town culvert is? 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`['own 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. MEETING MIINUTES TOWN OF NORTH' ANDOVER Brian Vaughan responds one side is a man made one and it is a tunnel made by the town. Ile shows aphotograph of the culverts to the Zoning Board. Brian Vaughan stated that abutters are putting leaves in it causing the culvert to not work properly. Albert Manzi states that this could be happening naturally. Brian Vaughan discusses the letter from conservation that suggests they are creating hardship but the hardship is having 3 lots taxed. Ellen Mclntrye asks if the wetlands are increasing and will this affect the new homes. Was the October 10th, 2017 plan delineation corrected? Brian Vaughan says the plan reflects the correct A&R Michael Donovan water is still in the back and still drains the same way. It will not affect the new homes. Brian Vaughan septic designs are complete and approved and consistent with the proposed house plans. We still need to file with conservation and that the plan of relevance is why we are in front of the ZBA. Albert Manzi asks if there has been anything new from conservation from the last meeting. Brian Vaughan nothing new from conservation has been submitted Albert Manzi the lots are exempt from storm water management but Mr. Donovan is willing to include a snub surface recharge system to capture drainage. They are not required to install one but it could be a condition that the ZBA includes. Brian Vaughan included a concept plan by the architect which is more a 31) plan of the home and is consistent with other homes in the neighborhood. He feels it is fair given the hardship on the existing 3 lots. The issue raised by conservation is fair and we know that it is something that needs to be dealt with. 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. Nate: Matters may be called out of order and not as they appear in the agenda. i MEETING MINUTES I TOWN OF' NORTH ANDOVER 4 t Albert Manzi asks if the ZBA Board has everything they need in order to make a decision. i Allan Cuscia is comfortable and agrees with Brian Vaughan but knows they still have a conservation issue that needs to be dealt with. Paul D. Koch is in agreement with reducing 3 lots to 2 lots but feels that the wetlands are a conservation issue. { Brian.Vaughan discusses with Paul.and the ZBA Board that there is a specific ZBA bylaw that they need to comply with. He stresses to the board that there are 2 entirely different issues with ZBA and Conservation. Albert Manzi discusses how over the years from when this land was purchased, the Wetland Act came into effect and the bylaws have changed over the years. He is happy they are addressing the drainage issues and understands the burden. Doug Ludgin appreciates the storm water retention and how it solves the abutter issues Allan Cuscia made a motion to close the hearing Ellen McIntyre seconded the motion All in favor .Allan Cuscia feels the town is better off with the 2 new homes and for the owner of the land. Doug Ludgin asks if the ZBA Board is imposing the condition of the storm water retention"? Albert Manzi read the letter from.Andover Consultants and says we can still condition is r as a board. i Paul D. Koch made a motion to approve 470 Boxford Street. Read legal notice and plans. Malting the installation of the storm water drainage a condition of approval i Ellen McIntyre read variances requested by the applicant a Notices and agendas are to be posted 48 hours in advance of the meetin excluding Saturdays,Sundays and legal holidays. Please keep in g P meeting ,excluding the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is evade in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to he listed on the agenda. Note: Matters 1 may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER Votes Doug Ludgin Yes Albert Manzi Yes Allan Cuscia Yes Ellen McIntyre No 470 Boxford Street has been approved with the condition of the storm water retention. 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(CFA)allowed 50%requested 68.9%, variance of 18.9%in the R-1 Zoning District. Brian Vaughan is representing the applicant David Cronin. He is looking to expand his home for his growing family. Attorney Brian has submitted new documents that the board had requested from the last meeting. He is requesting a variance from the size of a structure that can be built`. The bylaw has a certain percentage of size that can be built based on gross square footage of the existing home. They went to ZBA to the get the variance relief before submitting to the Planning Board. Albert Manzi wants to know if they are only requesting a size variance. What about a watershed variance? There is no request for a watershed variance. Is it located in a non dischargeable zone? Ellen McIntyre states there is no application for a watershed variance. Brian Vaughan submitted a proposal for a sub-surface drainage chamber designed to catch any run off. It also includes storm water calculations. Albert Manzi asks if it is outside of the 100 foot non-disturbance zone does it need a waiver; Brian Vaughan responds if we go to planning they will let us know if a waiver is needed. 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. Nate: Matters Day be called out of order and not as they appear in the agenda. MEETING MINUTES TO1111"N OF NORTH ANDOVER a l Albert Manzi If it has not been to the planning board then a peer review has not been dune of the drainage calculations. If the approval of the 517 percent variance is approved, then I am not sure if that translates to an approval of the sub surface design. You may still need to come back after planning may or may not approve it. We can condition is based on that. Brian Vaughan the drainage was proposed to answer issue raised at the last meeting. This new proposal will help the watershed. 1 Albert Manzi did we get elevation of the second floor and what will it look like? J Brian and the ZBA Board looking at plans. Ellen McIntyre is asking if this is an existing one or two family home Brian Vaughan the home has a first floor: and a basement. Would life to add a second floor for bedrooms. Albert Manzi Is footprint changing? Brian Vaughan the overhang on the 2nd floor and a covered porch and deck is the only structure change Albert Manzi seems like you are disturbing a bunch of land that you wouldn't have to do. I liked the original plan because you were not disturbing the land. The drainage system is a planning board issue. Ellen McIntyre the applicant is in front of us just for the building of the new structure Brian Vaughan approve the drainage system with the condition of the planning board's approval. Paul D. Koch Earlier in the hearing you asked us what is before us but I am unclear:as to what is. Notices and agendas are to be posted 48 hours in advance of the meeting excludin¢Saturdays,Sundays and legal holidays. Please keep in mind the'rown 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 lite agenda. Note: Matters may be called out of order and not as they appear in the agenda. i MEETING MINUTES TOWN OF NORTH ANDOVER Brian Vaughan there was in error in identifying the correct tax parcel. The notice was not adequate to all the variances we are seeking. Side setback variances needs to be corrected. Consider seeking a continuance because of this, re-notice with the setbacks, open a new hearing then consolidate the meetings, Albert Manzi Are the eaves impacting the side setbacks? Were you told you need another variance? Paul D. Koch states the application is for a variance but the legal notice only covers 2 variances. The watershed and 50 percent variance is what is advertised. Ellen McIntyre feels as though the application is incomplete and suggests Attorney Brian Vaughan look at it and continue until January meeting. Allan Cuscia how much time do you need to clean it up? Brian Vaughan will speak with Don Belanger and it could be only one meeting depending on the variances needed. Paul D. Koch made a note that the deed reference is still incorrect. He made a motion to continue the meeting to January 9, 2018. Ellen McIntyre with the condition that the entire application is reviewed. Albert Manzi seconded the motion All in favor 1503 Osgood Street The petition of Hera Development Corporation, party aggrieved, for property located at 1503 Osgood Street (Map 034.0, parcel 007), North Andover, MA 01845 in the CDD3 Zoning District pursuant to MGL c. 40A, Section 8. The meeting was opened on November 9, 2017 but no evidence was heard. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and regal 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. Nate: Matters may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER i Attorney Caffrey Hera.Development has a desire to construct a mini self storage facility on Osgood Street. It is located behind the Shell Station and is in the CDD3 district. When they approached the building inspector, they were told the requested use is not allowed. Attorney Caffrey researched past findings of storage facilities in North Andover. Examples are 1701 Osgood Street,Uncle Bob's and 492 Sutton Street. They are all self-storage facilities. ,ZBA Board has allowed special permit applications in the past to allow him to present to the board. In the Table of Uses the closest is Warehouse use. Self-storage and warehouse use have the same use. Albert Manzi is referring to a legal opinion from a few years back and he would like to reference that decision on Sutton Street and as it relates to the board making a decision. Allan Cuscia drove by the proposed site and asks if the storage facility would be visible from Osgood Street. Would landscape of Osgood Street stay the same"? 1 Attorney Caffrey You would really have to stop and look to see the storage facility. Albert Manzi is there a definition of a self-storage unit's 1 Attorney Caffrey responds with Warehousing is a storage of personal belongings while self- storage elfstorage is also a storage of personal belongings but individual units. Paul D. Koch If ZBA Board was inclined to overturn the building inspector's decision and it i was granted then do you have to come back? Attorney Caffrey If you were to find that a self-storage is an allowed use then I would only have to come back for the square footage variance. Paul D. Koch made a motion to close the hearing. Allan Culscia seconded the motion All in favor I 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 Clerles 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 he listed on the agenda. Note: Matters May be called out of order and net as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER Paul D. Koch made a motion to grant the use of a self—storage facility. Ellen McIntyre seconded the motion All in favor Correspondence submitted CHAAPA 11-27-2017 Massachusetts Housing Partnership 11-21-2017 Meeting Adjourned at 9:40pm 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 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. doter. Matters May be called out of order and not as they appear in the agenda.