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HomeMy WebLinkAbout2010-09-21 Zoning Board of Appeals Supplemental Materials Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� DRAFT MINUTES Tuesday, September 21, 2010 at 7:30 p.m. 120R Main Street, North Andover, Massachusetts Members present: Albert Manzi, Richard Byers, and Richard Vaillancourt Associate Members: Thomas Ippolito, and Michael Liporto Also in attendance: Zoning Enforcement Officer, Gerald Brown Excused absence: Ellen McIntyre and Daniel Braese Albert Manzi called the meeting to order at 7:40. Pledge of Allegiance APPROVAL OF MINUTES August 10, 2010 Richard Byers made a motion to approve minutes. Richard Vaillancourt second the motion. Those voting in favor to approve the minutes were: Albert Manzi, Richard Byers, Richard Vaillancourt, Thomas Ippolito, and Michael Liporto. All were in favor. Manzi moved to the next item on the agenda, V. Scott Follansbee for premises at 0 Martin Ave they are requesting to continue the Public Hearing for October 12, 2010 (the next ZBA Meeting). Manzi stated a communication has been sent and a signed time waiver has been received at the Town Clerk's Office. Byers made a motion to continue to hear the meeting October 12, 2010. Vaillancourt second the motion. Those voting in favor were: Albert Manzi, Richard Byers, Richard Vaillancourt, Thomas Ippolito, and Michael Liporto. All were in favor. Committee Reports Housing Partnership-Ellen Mcintyre. Manzi spoke to McIntyre and said the Committee report will be available at the next meeting. Manzi stated that he will go slightly out of order, and move to the Orchard Village Subdivision. Manzi and the Board members discussed with Messina various items such as invoices, peer reviews and payments to Hancock regarding the Roadway Bond Review. Messina stated he dropped off 10 copies regarding the estimated cost for establishing the Bond for the completion of construction of Empire Drive to the Board Secretary today. Manzi stated that the Board Secretary was not in today, so copies were not available to the Board Members. Page 1 of 10 Sept 21, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Manzi approved payment to Hancock, and Messina stated that he will bring a check to pay for Hancock's Peer Review to the Board Secretary on Wednesday. Manzi stated that he wanted to keep Orchard Village on the agenda for the next meeting in October. Manzi talked briefly of the Miscellaneous Correspondence that was in each Board Members package. Manzi moved along to the New Public Hearing of Thomas L. and Kristy Ann Faucher for premises at 407 Marbleridge Road. Arthur Watson, the contractor and Kristy Faucher, the home owner walked over to the podium to discuss their application to build a Family suite in an R-3 District. Manzi asked Watson if the purpose they were here was to build a kitchen and create a Family Suite. Watson stated yes. Vaillancourt asked Watson if there were any footprint changes. Watson stated that there was no change to the footprint. They had the approval for the addition, but now Kristy's mom wanted her own kitchen. Watson also went on to say that Kristy's dad has Parkinson's disease and Kristy's husband was an RN. Both Kristy and her husband wanted to take care of him as the disease progressed. Vaillancourt made a motion to close the hearing. Byers second the motion. Those voting in favor to close the motion were: Albert Manzi, Richard Byers, Richard Vaillancourt, Thomas Ippolito, and Michael Liporto. All were in favor. Questions were asked by Manzi who was the owner of this property. Watson stated that the title was transferred to the daughter, Kristy Faucher and son-in law, Thomas Faucher. The occupant would be Kristy's dad, Raymond Mclean. Manzi asked applicant to make sure they bring in deed of ownership to the Board of Appeals secretary. Vaillancourt made a motion to approve the Special Permit to build a kitchen for the family suite Byers second the motion. Those voting in favor to approve the special permit: Albert Manzi, Richard Byers, Richard Vaillancourt, Thomas Ippolito, and Michael Liporto. All were in favor. Manzi moved on to the next new public hearing, JeffCo (Doug Ahern) is in an I-S District at 250 Sutton Street. Attorney Scalise walked over to the podium to speak on behalf of the applicant. Manzi stated to Scalise that he wanted to understand the nature of this project that was in front of him. Scalise stated that his applicant wants to raze the single family residential home and build a 2 family unit. Page 2 of 10 Sept 21, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Scalise went on to say that some of these homes in the area fall into the industrial areas (I-S District). Scalise showed pictures of the existing property and neighborhood as well as the proposed plans for the 2 family home. Scalise stated the lot in question is 14,575 square feet. The requirement for an I-S Zone is 50,000 square feet. The home is residential. Scalise stated to the Board that his applicant is looking for relief from Section 9 of the Bylaws. Manzi wanted to clarify some of his concerns regarding the I-S District. Scalise read Section 9.1 of the bylaws to the Board, to support his client's petition of creating a single family home into a 2 family home. Brown also read some of the Bylaws to the Board to support the applicant's request as well. Vaillancourt asked if Town Counsel should be consulted on this matter. Scalise stated that his client went to the Assessors Office and made a plan of the area, and marked the multi families, commercial, single families as well as industrial buildings and submitted it to the Board. Byers asked if this proposed plan was going to be a condex, and Scalise stated yes. Scalise stated that he understands that the Board wants to be comfortable on this before they voted on it. Scalise also suggested a workshop should be set up to meet with abutters and talk over what will work in the neighborhood. Manzi stated that the Board needs to look into this further. Manzi also stated that the proposed plans look very nice. Scalise stated to the Board that razing and demolition is considered to be a conversion. Manzi agreed with Scalise on this. Manzi felt he wanted to talk to Town Counsel because of the nature of the petition and also because of the area of zoning. Vaillancourt asked Ahern on how he would landscape the proposed property. Manzi asked if any of the abutters would like to be heard. Jerry Wilson, of 12 Ellis Street walked over to the podium asked to see the plans, and also asked a few questions regarding the height of the existing structure as well as the proposed structures height. Wilson felt that the proposed home may be too high for this area, since it will be next to, two smaller homes. Page 3 of 10 Sept 21, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Wilson also asked if they made modifications to the home he would like to sit in on the workshop that Scalise suggested. Wilson stated he is an architect and is looking at this property in that perspective. Wilson asked if this would be owner occupied. Wilson stated his wife has seen the plans already and liked what was proposed. Ahern stated he would consider dropping the proposed elevation of the home to satisfy the neighbors and be consistent with the neighborhood. Wilson stated he would welcome this project, especially if his considerations of height of the structure were taken into account. Manzi asked if Ahern could modify the proposed plans, without changing the footprint or style of home. Ahern stated he could do that without changing style and footprint and explained to the Board how it could be done. Manzi questioned the Boards authority on the petition, since it was in an I-S District. Manzi stated he would not have any issues with this project if it was in an R-4 District. Manzi asked Scalise if they wanted to continue till the next hearing. Scalise agreed to continue till October 12th. Scalise also agreed to sign a time waiver. Vaillancourt moved to continue till the next meeting on October 12th Byers second the motion. Those voting to continue till October 12th: Albert Manzi, Richard Byers, Richard Vaillancourt, Thomas Ippolito, and Michael Liporto. All were in favor. Manzi moved out of order to another New Public Hearing requesting a Special Permit and Variance in a V-R District for Rebecca and Scott D'Entremont of 49 Garnet Circle. Anthony Gouveia, President of the subdivision Homeowners`Association walked up to the podium to speak on behalf of the D'Entremont. Gouveia stated the D'Entremont's are requesting to build a Farmer's Porch. The property is on a radius and he showed a schematic of how the home would look with the proposed Farmer's Porch. The home they are proposing to build the Farmer's Porch on is only 6 years old. Manzi asked if there was a covenant on this definitive subdivision in regards to a Farmer's Porch. Gouveia stated he is the President of the Homeowners' Association for Forest View and stated that there is nothing stating that you cannot have a Farmer's Porch. Page 4 of 10 Sept 21, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Vaillancourt asked if there are Farmer's Porches in this subdivision already. Rebecca D'Entremont said yes. She also stated that at the time when their home was under construction it was an option, but they chose another threshold. Rebecca stated her grandmother babysits twice a week. Rebecca really wanted to provide a shady area with a rocking chair on the Farmer's Porch for her grandmother to sit and watch the children. She said it would mean a lot to her if the Board could approve this Farmer's Porch. Gouveia stated the D'Entremonts walked over to all the neighbors on Garnet Circle to see how they felt on the proposed Farmer's Porch, and the neighbors were all in favor of the project. Gouveia showed and submitted a list of neighbors that had signed the petition in favor of the project. Manzi stated to the applicants that he thought it was a good project, but before he could vote in favor of this he wanted three things from the applicant. 1. A letter of approval from Conservation. 2. Letter of approval from the Forest View Homeowners' Association. 3. Letter from the Town Planner, Judy Tymon giving authority to add a Farmer's Porch in a subdivision. Gouveia stated that they met with the planner and she had no problem. The D'Entremont submitted the letter of approval from Conservation to Manzi. Manzi went over the voting procedures with the applicants. Manzi stated he wants to act on the request because he thought it was a good project, but he wanted something in writing for the file, from Conservation, the Homeowners' Association and also the Town Planner, Judy Tymon stating she was in agreement with this project. Brown stated that the Board could approve this project with conditions, so the applicants could meet the time lines. Vaillancourt stated that he was comfortable with what the representative of the Homeowners' Association said. For one thing, Gouveia already researched the covenant and also given the fact the Farmer's Porch was an option at the time of building the home. Vaillancourt mentioned that others in this subdivision have a Farmer's Porch attached to their home. Liporto asked Manzi if they do approve this applicant project conditionally will it get the clock ticking and how will they act on it. Brown stated if the conditions were not met he would not submit a permit for the project. Vaillancourt moved to close the public hearing. Byers second the motion. Page 5 of 10 Sept 21, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Those voting to close the public hearing were: Albert Manzi, Richard Byers, Richard Vaillancourt, Thomas Ippolito, and Michael Liporto. All were in favor. Manzi asked if there were any questions before they voted on the Farmer's Porch. Vaillancourt made a motion to approve the Variance from Section 7.3 to construct a Farmer's Porch in front yard. (Required is 25 feet and the proposed Farmer's Porch is 23 feet). With these 3 conditions; 1. A letter of approval from Conservation. 2. Letter of approval from the Homeowners' Association. 3. Letter from the Town Planner, Judy Tymon in agreement to add a Farmer's Porch in this subdivision. Byers second the motion with these conditions. Those voting in favor of the Variance were, Albert Manzi, Richard Byers, Richard Vaillancourt, Thomas Ippolito, and Michael Liporto. All were in favor. Vaillancourt made a motion to approve the Special Permit from Section 9.1 and 9.2 to construct a Farmer's Porch in front yard. With the same conditions as stated for the Variance; 1. A letter of approval from Conservation. 2. Letter of approval from the Homeowners' Association. 3. Letter from the Town Planner, Judy Tymon in agreement to add a Farmer's Porch in this subdivision. Byers second the motion with these conditions. Those voting in favor of the Special Permit were, Albert Manzi, Richard Byers, Richard Vaillancourt, Thomas Ippolito, and Michael Liporto. All were in favor. Manzi requested a short break at 9:20. The Board returned at 9:37. Manzi stated the next new public hearing would be for 2 Special Permits for property located at 114-116 Union Street JeffCo (Doug Ahern). Manzi stated for the record he wanted to bring up before Scalise and the rest of the Board that the Section sited on the Legal Ad should have been 4.122.14.0 and not 4.122.22.14.C. Scalise knew that, and felt it was not a problem, since that Section did not even exist in the Bylaws. Scalise stated that they want to raze the exiting building and make a 4 Family Town Houses. Scalise stated that he is representing the applicant, Doug Ahern on this project as well. Page 6 of 10 Sept 21, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Scalise said that over the years this property has become very controversial in town. The property has been vacated and has been in need of repair for many years. The Fire Department has condemned it, the bank has taken it back, and the Police Department has been down there numerous times, because of Drug related issues. Scalise also asked the Board to please take a look at the site plan. Scalise also talked of the location of the property and the proximity to the 495 Highway. He also gave a little history of the property stating that in 1986 a Variance was granted for a 3rd unit and in 2005 the owner at the time came before the Board to build an addition and remove garage and make an 2 family. The Board asked who the owner of the property is now, Scalise answered, Jeffco owns this property now. Scalise also wanted to point out a letter that was submitted by the North Andover Police Department, in regards to this property, from Lieut. Paul Gallagher who was also in favor of the project. Scalise submitted to the Board a list of the abutters who signed and were in favor of this project. Scalise submitted to the Board a picture of Town Homes similar to what JeffCo is proposing to build. Scalise stated that this particular picture of Town Homes exist in Bradford, the only difference would be an additional unit. Manzi asked Ahern questions regarding parking, landscape, how the back of the town houses would look, as well as the amount of asphalt that would be used at the front of the property. Byers suggested putting garages underneath the townhouses, but Ahern stated that it will bring the town houses up too high, and that these Town Houses would be too over whelming for the neighborhood. Manzi asked Scalise if he had any objection to opening up the discussion to the abutters. Scalise welcomed that idea. John McCarron, of 75 Sterling Lane walked over to the podium and stated that he was the one to initiate with the Fire Department and Building Department to have this building condemned. He felt that this proposed home on such a small lot of 10,000 square feet was too much structure for the property. He said that this property is now going from 8 bedrooms to 12 bedrooms. This means more cars and crowding. McCarron was also afraid of what would happen to the condition of this property in 10 years. He felt that there would be also very limited parking and also too much asphalt. He felt a smaller 3 family would work much better on this lot, and not to build it anywhere near the size JeffCo was proposing. Page 7 of 10 Sept 21, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� William Callahan, of 84 Union Street stated he was in favor of this project, and also razing the building. He also had concerns with the traffic, since many children live in the area. Callahan also had issues with the parking. Before Callahan left the podium he stated that he would also like to see a 3 family on this property. Mora Eisenhood, of 92 Beverly Street had concerns with parking, but was in favor of the proposed project, if they had off street parking. She was leaning more towards a 3 family, but was ok with a 4 family Town House. She said all the children in the neighborhood have been trained to watch out for cars. She also felt that anything would look better then the structure that stands on the property today. Warren Crossfield, of 95 Union Street walked over to the podium and stated he was also in favor of the project. He also went on to say that he did not think parking and backing up out of a driveway was an issue. Board questioned the porches that were shown on the plan and stated that they need a Variance in order to build porches. Manzi stated that JeffCo did not go for a Variance on this project to construct these porches. Scalise told Manzi that they will take the porches off of the proposed plan. Manzi felt he thought a lot of good was coming through with this application. Manzi also felt that this project would do well with a workshop. Scalise stated that the applicant is open to any suggestions that the Board has. Ahern spoke up and asked that he would appreciate any direction from the Board. Manzi stated that he is not so convinced that a 4 unit would work as good as a 3 unit project. The board went back and forth and discussed with Ahern the idea of garages and going to a 3 unit structure. Ahern stated that with a 4 unit structure it is still a smaller footprint then the structure that exist today. Scalise spoke up and talked again about the workshop to see what they can do to make this a more feasible project for the neighborhood. Scalise said they have been successful in the past with workshops. Byers made a motion to continue till the next meeting in October. Vaillancourt second the motion. Those voting to continue till October 12th: Albert Manzi, Richard Byers, Richard Vaillancourt, Thomas Ippolito, and Michael Liporto. All were in favor. Manzi suggested we move to the last new public hearing of the night. Applicant is requesting 3 Variances in an I-1 District Page 8 of 10 Sept 21, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Florida Tower Partners (WOR Associates) 125 Flagship Drive (Map 25 Parcel 80). Jackie Slaga walked over to the podium and stated that she is representing Florida Tower and T-Mobile. Slaga stated that they are seeking 3 Variances to construct a 144 foot monopole in an I-1 District. 1. Height 2. Set backs, needs to be 2x the tower's height. 3. 600 foot set back Slaga reviewed the proposed plans with the Board. She discussed coverage area, signal and why they needed the 144 foot monopole in the area, and also the reasons they chose this particular industrial park. She also talked of the signal, and network performance in the winter vs. the full bloom of the summer. Slaga stated that not much alteration or disruption was needed to install the monopole in the area. Slaga also mentioned that the landlord talked to all the neighbors in the area and they did not seem to be in opposition of the plan. Slaga also mentioned that they are in negotiations with two other carriers. Manzi asked Slaga of the picture that was being presented, that shows the monopole in the proposed area. She explained how they did it. Slaga stated that they flew a balloon to the proposed site and height to take pictures, and then they computer generated a model of the same type of proposed monopole on the picture(s)to where the structure will stand. The Board asked how close they were to a residential area. Slaga stated that they are well beyond the 600 feet. Slaga stated that the Radio Frequency engineer for T-Mobile, Sean is also here. Slaga stated he will discuss the more technical issues. With that being said Sean walked over to the podium and presented a map of the existing coverage of T- Mobile coverage in the area. Sean pointed out that the white in the map showed a gap in coverage. Sean talked of building penetration coverage, as well as street and residential coverage. He also stated that many people have given up their land lines and rely solely on their wireless phone. Board asked question to Sean regarding the map he was presenting to the Board and what areas were covered and what was not covered. Manzi asked Slaga of a third party peer review, and also filing with the Planning Board. Manzi asked Slaga of the various types of monopoles that were available. Page 9 of 10 Sept 21, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Manzi suggested to Slaga she may want to sign a time Waiver. Slaga stated she will work with Brown and Town Planner, Judy Tymon. Vaillancourt made a motion to continue this hearing till October. Ippolito second the motion. Those voting to continue till October 12th were Albert Manzi, Richard Byers, Richard Vaillancourt, Thomas Ippolito, and Michael Liporto. All were in favor. ADJOURNMENT Meeting was adjourned at 11:33 PM Page 10 of 10 Sept 21, 2010