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HomeMy WebLinkAbout1999-02-09 NORTH AN-DOVER OPFICE OF TItE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH AN]DOVER, MASSACHUSETTS 01845 FAX (978) 688-9542 The Minutes of the MeelJng, February 9, 1999 Zoning Board of Appeals Senior Center, 120R Main Street North Andover, MA 01845 The Board of Appeals held a regular meelJng on Tuesday evening February 9, 1999 in the Senior Center at 7:30PM. The following members were present: Walter F. Soule, ac'ling Chairman; Raymond Vivenzio, Clerk; Robert Ford, John Pallone, Scott Karpinski, Ellen Mclntyre. Absent were: William J. Sullivan, Chairman; and George Eadey. Please note: Robert Nicetta, Building. Commissioner attended the meeting. The Zoning Board of Appeals met with the Master Plan Committee at 7:PM and concluded at 7:30PM. Discussion took place regarding the goals & objectives of the ZBA such as: issues which need to be looked at regarding the growth management in town, commercial as opposed to residential zoning; family suite issues relative to control as to how to turn back the property as a one family once the family suite members have passed away; review what the typical request is such as an add on of a porch etc., address the telecommunicalions bylaw and make it work for the Board; filing of applica'dons for property which is in the wetlands; hire a consultant to examine the bylaws and to fix them; problems between the Boards for directk)ns as to where to ge to getto the next step for compliance of procedure. Upon a motion made by Scott Karpinski and 2nd by John Pallone the Board voted to submit a letler to the Master Plan Committee staling the goals and objectives of the Zoning Board of Appeals. Upon a motion made by Raymond Vivenzio and 2nd by Robert Ford, the Board voted to approve the January 12, 1999 Minutes of the Meeting, the vote was unanimous and the "Minutes" were approved. Acting Chairman Soule asked for a motion to be made to vote to elect Zoning Board of Appeals members tonight, no motion was made by any Board member, however the Board was in agreement to elect the ZBA members at the conclusion of tonights meeting. Please note, the Board did not vote to elect ZBA members after the conclusion of the meeting of February g, 1999. Acing Chairman Soule explained the procedure of tonight's meeting fo the assembly. BOA.R.D OF APPE.4J~ 688-~$41 BI..rlLDINGS 68:8-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNrlNG. 688-9535 / Continued Public Hearing: William L. & Glendys ^. Phelan 29 Richardson Ave. The Phelan's are requesting a dimensional variance and a special permit for a pre-existing, non- conforming lot, in order to expand a porch and enlarge it to the side of their house. Mr. & Mrs. Phelan were present tonight to represent themselves and submitted an updated plan. Mr. Phelan didnl have anything to adO to his petition from last month. Acting Chairman Soule asked if anyone was present in favor of this petition, no on was present to do so. Acting Chairman Soule asked if anyone was present in opposition, no one was present to do so. Ac'dng Chairman Soule explained that when a decision is made by the ZBA them is a 20 day appeal period to wait before the decision can be filed with the Registry of Deeds. Upon a molion made by John Pallone and 2nd by Robert Ford, the Board of Appeals unanimously voted to grant a variance for relief of lot dimension area of 2010', street frontage of 8.19', front setback of 10.8' and side setback of 8.4'. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made by John Pallone and 2nd by Raymond Vivenzio the Board of Appeal unanimously voted to grant a Special Permit to remove an existing sun mom and to rebuild and enlarge the size of the proposed sun room which is located on the South West side of the exis'dng house, on a pre-exis'dng non-conforming structure. Voting in favor: WFS/RV/RF/JP/SK. Approved in accordance with the Plan of Land by Jeffrey S. Holfman, P.LS,, professional Engineer, #36381, dated 1/210/98 & 1/14/99 of Merrimack Engineering Services. Continued Public Hea~ng: Thomas Laodani of Atlantic Realty Trust 733 Turnpike St., Suite 15B, for premises at; 740 Turnpike SL Please note: Raymond Vivenzio removed himself from this pelf§on. Attorney Dom Scalise was present to represent the petitioner who is requesting a variance for a side setback to construct a commercial office building. Atty. Scalise went on to say that this variance involves a parcel of land on Turnpike Street in North Andever. The Westerly side of the parcel constitutes that the building be moved over because of the wetland on the lot. The building has been moved over slightly. Robert Ford read 2 letters submitted by Stephen E. Stapinski, Merrimack Engineering Services (for the record) A letter is dated Jan. 13, 1999 regarding contiguous buildeble area of the lot as 74,292 sq. It., and enclosed is a computer calculation sheet for the site. A letter da~ed Jan. 14, 1999 regarding the issue of height and that they are not planning to build a building greater than 39' in height. Ac'ling Chairman Soule asked why the Engineer was not present tonight to explain his position on the variance? Acting Chairman Soule asked if any one was present to ask any queslions of the Board? Barbara FerTagher, 393 Johnson St., was present and asked to see a photo of the building. Upon a molion made by John Pallone and 2nd by Robert Ford the Board of Appeals vote to grant a variance for relief of a right side setback of 15' in order to construct a commercial office building. Voting in favor: WFSIRFIJPIEMISK. Approved in accordance with the Plan of Land by Stephen E. Stapinski, P.L.S. Professional Engineer, #29876 dated 12/21198 of Merrimack Engineering Services. Please note: Robert Ford left the meeting for the evening. Public Hearing: Jean Fogarb/ 33 Harold St, Raymond VivenzJo read the legal notice, as the petitioner is requesting a variance for relief of lot dimension and street frontage to subdivide one lot into two lots. Scott Giles, Surveyor was present to speak on behalf of Jean Fogarty. Scott submitted a plan to the Board which is the same proposal es was submitted 2 ½ years ago to the Board. Jean Fogarty presented some stalistics such es a computer print out of map a parcel lislJng of Middlesex St. and Harold Street residents and a copy of the census map showing the map and parcel layout and lot size of Jean's property (for the record). Jean wanted to show the size of her lot in comparison to the other lots in the same area. Raymond Vivenzio read a letter from Mary Bulger-Gerald and Lynn Gerald, lg Harold St. staling they were in support of the request for a variance (for the record). Ms. Scheipers, 266 Middlesex St. was present in favor of the variance. Acling Chairman Soule asked if anyone-else was present in favor or in opposition and no one was present to do so. AclJng Chakman Soule asked if anyone living across from Jean's property were present tonigh~ He asked if there were the 5 neighbors from the neighborhood present tonight?. There was no fu~er abutters present to oppose this variance. Raymond Viven~ stated that the Board should read the previous decision of 2 ½ years ago (for ~e record) and he asked if the Board would make a drive by at Jean's propaty on the following Saturday (2/13/99) at 9:AM. The following ZBA Board members agreed to do so: WFS/RV/JP/SK/EM. Ellen Mclntyre requested that Jean list the names of the abutters and asked if they were no~lled? Raymond Vivenzio made a motion to conlinue the petition until next month's meeting of March 9thand 2nd by John Palione, the vote was unanimous: WFS/RV/JPIEIVI/SK. Public Hearing: Patrick & Leslie Cone 18 Union St. Raymond VivenzJo read the legal notice, the pe~oner is requesting a vadance for relief of a rear yard setback for a proposed 3 stall detached garage. Patrick Cone was present to speak on his own behalf and Paul Marchionda, of Marchionda Engineering and Planning Consultants was present. Mr. Marchionda stated that the petitioner required a vadance due to the shape of the road. Mr. Cone stated that the garage is 19' in height. Acting Chairman Soule asked if anyone was present in favor of the po~on, no one was present to do so. Mr. Cone stated that he did not discuss this request for a vadance with his neighbors, but that he has notitied them by mail. Ellen Mclntyre asked if this was a one story garage? Mr. Cone replied yes, with a pitched roof. Acting Chairman Soule asked if anyone was present in opposition? No one was present to do so. A/C Soule asked if anyone from Waverley Road or Newton Street was present tonight, no one was present. Upon a motion made by Raymond Vivenzio and 2nd by John Pallone the Board of Appeals voted to grant a variance for relief of a rear yard setback of 14' in order to construct a detacbed 3 stall garage. Voting in favor: Walter F. Soule, Raymond Ywenzio, John Pallone, Scott Karpinski. Voting opposed was Blen Mclntyre. Approved in accordance with the Plan of Land by Stephen M. Melesciuc, P.L.S., ~9049 dated 1/12/99, of Marchionda, & Associates, L.P.. Public Headng: William L. Paterson tl Dewey St. Raymond Vivenzio read the legal notice, the petitioner is requesting a variance for relief of front and side yard setback and for a special permit for an addition larger than 25% to add bedrooms, bathrooms, screened-in porch, family room and kitchen on a non-conforming structure. Mr. & Mrs. Pal. erson were present to represent themselves. They have been living on Dewey Street since 1984, they like ?he convenience of the area and homo they live in especially because it is near the school. Mr. Paterson submitted pictures of the property and computer overlays of the proposed addition (for the record). Mr. Peterson feels he will increase his prope~ value when he adds more bedrooms, bathrooms, screened-in porch, family room and kitchen. Mr. Paterson submitted a list of names of abutters who are in support of the variance and special permit (for the record). Acting Chairman Soule asked if anyone was present in favor, or in opposition. He asked if anyone was present from Dewey St, or Dana St., or Wavedey Rd? No one was present from those neighborhoods. Raymond Vivenzio read a letter from 9 abutters stating they had reviewed the plans for the addition at 11 Dewey St., and have no objection to If]e plans (letter for the record). Acting Chairman $oule asked again if anyone who was present objected to this petition. No one was present to object. Acting Chairman Soule explained that he visited the area and he feels that this proposed addition would not infringe on anyone in the neighborhood. Ellen Mclntyre asked how much greater than 25% is the proposed addition, the answer: 40%. Upon a molJon made by John Pallone and 2nd by Ellen Uclntyre, the Board of Appeals voted to grant a variance for relief of a front setback of 14' 5", and side setback of 8. 8', to construct an addition greater than 25% of the existing structure, on the first and second floor, consisting of bedrooms, bathrooms, screened-in porch, family room and kitchen as shown on the elevation plans dated 2/9/99 and signed by Water F. Soule, ZBA. Voting in favor: WFS/RVIJPISK/EM. Upon a motion made by John Pallone and 2nd by Raymond Vivenzio, the Board of Appeals voted to grant a special permit to allow construc'don on a pre-existing non-conforming sl~ucture in accordance with the Plan of Land by Scott L Giles, P.L.S., #13972, dated 1/12/99, of Scott L. Giles, 50 Dear Meadow Rd., North Andover, MA 01845. The time is now: 8:45PM Public Hearing: Boston Hill Development, LLC 11 Old Boston Rd., Tewksbury for premises at: Salem Turnpike (Route #114) Raymond VJvenzio read the legal notice, the peflJoner is a party aggrieved of the growth management bylaw, and is requesting a variance from Section 8, P8.7 (6e) open space requirements and 8.5 (6c) height limitation. Attorney Brian Levey of Bowditoh & Bewey, LIP of Framingham, and David O'Sullivan, Architect of The MZO Group, Stoneham, were present to represent the petitioner. Atty. Levey stated that the site is located on Rte. #114 and has 1100' of frontage on the south side of the highway and is previously Boston Hill Ski Hill. This property is 33 acres, and is a 79 unit multi family project consisting of 19 buildings and one dub house. The issue tonight is a question of open space, how much open space under the bylaw must Boston Hill provide. 1. The pelfdoner is requesting to reverse the interpretation oftbe Building Inspector and grant a variance for open space. 2. The petitioner is requesting a height vadance tonight. Issue #1, open space: V-R District permits muppie family units. The density is grand-fathered at 4 units per acre. References were made to foot notes within the bylaw stating that if you have multiple family units then section 8.3 applies etc ........ Acting Chairman soule asked about 160-270 eleva~n zone. He asked if any of the Board had questions. He asked for any new business to be read into the record. Raymond Vivanzio read a letter from Roberta Allen McDonnell, 463 Johnson St., dated 2/9/99, who is not in favor of granting the variance request. A letter from Richard Rowan, Chairman Planning Board, dated 11§199, staling his approval of the variance of minimum of 10 buildable acres of open space. A letter from Kathleen Bradley Colwell, Town Planner, da~110129198, addressed to Paul Marchionda, President of Marchionda & Associates, stating the bylaw requirements. A letter from Charlie Carrell, owner of BC Realty Trust, and from Jay Burke, owner of Safe n Sound Mini Storage, dated 2/8/99, addressed to ZBA, stating they are in support of the request for a variance. A letter ~m Bernice Fink, 1250 Turnpike St., who is not in favor of granting the variance requesL A letter from John Leemah, Selectman, dated 2/3/99 relative to the interpretation of the growth management bylaw and how it effects Mr. BarmEs concerns. (All of the above correspondence has been submitted for the record). Mr. Nardella, Planning Board, was present and spoke in favor of granting the variance request. He feels that the petJ'doner has a hardship in this case as they were asked to put aside a gmat deal of property. Acting Chairman Soule asked if anyone-else was present to speak in favor tonight, no one-else was present to do so. Mr. Fink asked what the post elevation is going to be and if they are going to cut down the post elevation. Mr. Fink asked about the mushroom shaped area regarding 3 lots, regarding the subdivision, plan, and is not final. Ken Hughes, 915 Johnson St., asked how many units are to be submitted? The representative for the petilioner stated that this is only a conceptual plan as it is not a final plan. Raymond VivenzJo asked for a perimeter plan in order to record it at the Registry. Scott Karpinski said that we are not here to approve a plan. We are here to grant a variance or uphold a Building Inspector's decision. Scott Karpinski asked for a plot plan to be submitted of the area and typography. Ms. Fogarty of Johnson St. spoke and asked the ZBA to make a determination of the bylaw. Raymond Vivenzio made a motion to continue this petition until next month's meeting (March 9), 2nd by Scott Karpinski, voting to continue: WFS/RV/JP/EM/SK. A~rney Levey will now address the 2nd part of the petition: Issue #2: height variance. The units would measure the height taken from the the lowest point of the ground and would have a height of 40' in the back of the unit, and a height of 30' in the front of the unit. Building 7 shows the elevation for the end use as a down hill unit and has a height of 40'. If you measure each of these units they are approximately 40' and since the structure is on a hill the height will be in this case 46.2', but the height from the lowest point of the grade from the highest point will be 46.2'. Paul Memhande who is a representative of Boston Hill said that he met with many Board, therefore, he knows what he needs regarding where to put the buildings in relation to the lot lines. Atty. Levey asked for a conlJnuance until next month's meating (March g). More discussion took place between the Board and representative of the petitioner. Raymond Vivenzio made a motion to continue the peflJon until next month's meeting (March 9), 2nd by John Pailone, voting: WJS/RV/JP/EK/EM. Raymond Vivenzio made a motion to edjoum the meeting at 10:00 PM, 2nd by John Pailone the vote was unanimous: WJS/RV/JP/SK/EM. Thursday, March 04, 1999 ml/ZBAminutes