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HomeMy WebLinkAbout2018-05-08 Zoning Board of Appeals Minutes Board/Committee Name: ZONING BOARD OF APPEALS Date: May 8, 2018 Time of Meeting: 7:30 PM Location: Town Hall, 120 Main Street Signature Valerie Cinseruli Town Clerk Date Stamp AGENDA Call to Order called at 7:30 Present: D. Paul Koch, Ellen McIntyre, Allan Cuscia, Alexandria Jacobs, Nathan Weinreich Staff Present: Valerie Cinseruli Gavel given to D. Paul Koch Pledge of Allegiance Minutes Approval Motion: April 10, 2018 minutes approved. Allan Cuscia made a motion to approve the minutes and Ellen P. McIntyre seconded the motion. All in favor. 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 R-4 Zoning District. (continued to the June 12, 2018 meeting) 1717 Turnpike Street Continued Public Hearing The petition of Connie & Nicholas Vergados, for property 1717 Turnpike Street (AKA 1731 Turnpike Street) (Map 107.B, Parcels 0018), North Andover, MA 01845 in the GB Zoning District. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays, Sundays and legal holidays. Please keep in amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting areto be listed on the agenda. Phillip Christiansen representing Connie and Nick Vergados at the podium. He is discussing a small lot on Turnpike Street in the GB area. Both sides of the property are GB but the rear abuts a residential area. The Zoning bylaws require a 100 foot front 100 feet. A normal front setback is 30 feet. Side setbacks are 25 feet but because it abuts a residential area side setbacks become 40 feet. These bylaws came after the property was in existence. The applicant is now proposing an 1180 square foot beauty salon with one other business spaces at 1180 square feet. There are 13 designated parking spaces. It is an existing non- conforming lot. It does not meet zoning setback requirements. They moved parking from the rear of the building to the side of the building. The building is slightly smaller with now only one office space. It has been moved slightly to the left but that increased the variance. Landscaping has been added for screening for the neighbors in the back. Ernest DiMaio from Tektonix Architects is at podium discussing the design of the building. He has submitted drawings of the proposed structure. Signage was discussed but it is a planning board issue. Phil Christiansen explained the discrepancy in the stamped variance plan compared to the architect plans. Total square foot of the property is 2360. Paul Koch read a letter from the North Andover Fire Department that confirms access needs are met with this proposal. Allan Cuscia is discussing that nothing will meet the setback requirements for this lot and he feels as though the applicant has come back with significant changes from the last meeting. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays, Sundays and legal holidays. Please keep in amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting areto be listed on the agenda. Dr. John Kendrick 20 Colonial Avenue He is a 21 year resident. He brought forward a petition with over 40 signatures from the residents in the Colonial Avenue neighborhood. He asks a series of questions that the board is answering. Alanna Gill 10 Colonial Avenue She moved to the neighborhood 6 years ago and loves that her house is setback from the street. There are many children there and it is too dangerous with all the cars and the traffic that already go to the gas station. It will change the appearance of the neighborhood. Caroline Castaldo 85 Colonial Avenue She has lived in North Andover for 30 years and is disappointed that variances are given to projects that always do not fit in to the area. They should look more like the community. The proposed building is too cosmopolitan and feels as though it should have more of a country feel. The town is mixing too many styles. Ellen McIntyre mentioned there are open positions of the ZBA board. Judy Ferris 31 Oxbow Circle Looks like a candy store. Discussing the Master Plan and feels like there has been a change in Cormier had every intention to keep the area green and open and that it was never to be sold and built upon. Concerned with where all the trucks would be going during construction. It is a public safety issue. Kathy Kendrick 20 Colonial Avenue Parking is totally unacceptable and building is a safety concern for the neighborhood. Ernest DiMaio put the building into perspective stating that it is 28x35 which is equivalent to the room we are sitting in. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays, Sundays and legal holidays. Please keep in amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting areto be listed on the agenda. Phillip Christiansen addressed the hardship concern. Hardship is the size of the lot which has been created from the Zoning bylaws. Paul D. Koch is discussing the development of nodes in areas. It is something that is organically happening. Purchasing the land as a neighborhood may be something to think about. Nick Vergados addresses the concern of traffic. They have an existing clientele which they only take one at a time. They will not be contributing any additional traffic. Allan Cuscia make a motion to close public comment. Alexandria Jacobs seconded the motion. All in favor. Board is deliberating. Paul D. Koch would like a new plan to be submitted with the correct square footage if a vote is to be approved. Allan Cuscia made a motion to close the hearing. Nathan Weinreich seconded the motion. All in favor. Ellen P. McIntyre made a motion to approve 1717 Turnpike St. Allan seconded the motion. Paul D. Koch yes Allan Cuscia yes Nathan Weinreich yes Ellen P. McIntyre No Alexandria Jacobs No Variance passes 3-2 in favor of. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays, Sundays and legal holidays. Please keep in amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting areto be listed on the agenda. 562 Boxford Street Continued Public Hearing The petition of Sirius Development, LLC for property 562 Boxford Street (Map 105.C, Parcel 003), North Andover, MA 01845 in the R1 Zoning District. Phillip Christiansen at the podium representing Sirius Development. The applicant would like to construct a new single family home. Currently there is an existing home on the property surrounded by a lot of wetlands and a vernal pool. The current home is too close to the wetlands and in order to build a new home, it needs to be moved away from the wetlands. They are filing with the Board of Health for the septic system which was approved and the Conservation Committee who is allowing them to build closer to the vernal pool than allowed. They are requesting a 16.5 left setback due to the house having to be moved because of the wetlands. Phillip Christiansen is showing the existing dwelling to the board and discussing the shape of the property. New home is roughly 2400 square feet. The septic system is restricting the home to be a 3 bedroom. Home is on well water. Board is discussing other alternatives s property offering a greater setback. Ellen P. McIntyre made a motion to close the public comments. Allan Cuscia seconded the motion. All in favor. The Zoning Board is deliberating. Ellen P. McIntrye made a motion to grant the variance. Allan Cuscia seconded the motion. All in favor. Paul D. Koch Yes Ellen P. McIntyre No Allan Cuscia Yes Nathan Weinreich Yes Alexandria Jacobs No Board voted in favor of 562 Boxford Street. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays, Sundays and legal holidays. Please keep in amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting areto be listed on the agenda. 142 Boston Street New Public Hearing 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 Tuesday, May 8, 2018 at 7:30 PM to all parties interested in the petition of Kevin MacLean and Melanie MacLean for the property located at 142 Boston Street (Map 107B, Lot 36), North Andover, MA, 01845 in the R2 Zoning District. Kevin MacLean is at the podium. He recently purchased the home at 142 Boston Street. He is looking for a variance to continue the existing family suite. He will be making no changes to the existing home. He plans on having his children live there. Peter Radulski 145 Boston Street He lives directly across the street from the applicant and is at the meeting to give the board a history of the home. It has been a 3 family home for years but all work done on the home were done without permits. Wants to make sure the current property owners use it as a family suite. Kim Hazarvartian 160 Boston Street He has lived at the property since childhood and is in favor of continuing the family suite. Applicant is showing the plans of the board as to where the family will be living. Ellen P. McIntyre made a motion to close the public comments. Allan Cuscia seconded the motion. All in favor. Ellen P. McIntyre made a motion to grant the variance. Allan Cuscia seconded the motion. The vote was a unanimous vote of 5-0. The variance was granted. 35 Dale Street New Public Hearing Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street, North Andover, MA on Tuesday, May 8, 2018 at 7:30 PM to all parties interested in the petition of Jay Henshall for the property located at 35 Dale Street (Map 37D, Lot 0041), North Andover, MA 01845 in the R1 Zoning District. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays, Sundays and legal holidays. Please keep in amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting areto be listed on the agenda. Jay Henshall is at the table discussing the proposed plans of an above ground pool at 35 Dale Street. There will be minimal grading and tree removal on the property. The goal is to have the least disturbance to the area as possible. The pool with the deck is around 600 square feet. There is no other place the pool can be constructed. Conservation has a maintenance plan in case of a small leak or any other issues that come up with the pool. The pool is constructed that it cannot burst. Leaks can be controlled. Applicant shows the board a photo of the pool. Ellen P. McIntyre made a motion to grant the variance. A reference is also made the application should be a variance application rather than a special permit application. The legal notice was correct in the Eagle Tribune. Allan Cuscia seconded the motion. All in favor. Vote was unanimous 5-1 Correspondence submitted Meeting Adjourned at 10:20pm Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays, Sundays and legal holidays. Please keep in amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting areto be listed on the agenda.