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HomeMy WebLinkAbout2018-08-14 Zoning Board of Appeals Minutes 0 MEETING MINUTES TOWN OF NORTH ANDOVER Surd/Committee Name: ZONING BOARD GE APPEALS Date: August 14, 2018 Time of Meeting: 7:30 PM Location: Town Hall, 120 Main. Street Signature Valerie Cinseruli i Town Clerk Date Stamp AGENDA Call to Order called at 7:32 Present: D. Paul Koch, Ellen McIntyre,Allan Cuscia, Alexandria Jacobs, Ronn Faigen Staff Present: Valerie Cinseruli Gravel given to D. Paul Koch Pledge of Allegiance Minutes Approval Motion: Ellen McIntyre made a motion to approve the minutes and Allan Cuscia seconded the motion. Vote 5-0 in favor of approving the minutes. 1717 Turnpike Street Repetitive Petition: The petition of Connie & Nicholas Vergados for property at 1717 Turnpike Street (a/k/a 1731 Turnpike Street) (Map 107.13, Parcel 0018), North Andover, MA 01845 in the GB Zoning District. j i Allan Cuscia read the legal notice. Connie Vergados is at the table to discuss the repetitive petition. She explains to the board that she listened to all the CAM recordings and came up with a plan to satisfy all the feedback that was given to her by the abutters. The salon was originally 2900 square feet and it was reduced to 2400 square feet. The setback of parking was moved as far back as possible. Paul D. Koch explains what needs in to happen for a finding in a repetitive petition. There needs to be significant and material changes from the prior application. Notices and agendas are to be posted dtl hours in advance of the meeting,excluding Saturdays,Sundays and legal holidays. Please keep in mind the Town Clerk's hours of operation and wake 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. Mote: Matters May be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER } Caroline Castaldo 85 Colonial Drive; She is concerned that the applicant may not have a certified plot plan Moving the parking lot to the back is not material enough. It will be more disruptive to the neighborhood„ The board should not be making any decisions based on the look of the building. Wendy Kahn 51 Colonial Avenue The size of the structure was only changed by 200 square feet which is not a. Material change. There is a legal definition. Refer to the 1981 Case i Steve Sawyer from Christiansen& Sergi is at the podium discussing the new design of the 1 building. They Made it look More like a residential building so it would fit into the Colonial 1 Drive neighborhood. It is more New England style looking, Connie Vergados stressed the point to the abutters that structure of the building was a big issue for them. D. Paul Koch made a motion to close public comment. A motion was Made by Ellen P. McIntyre and seconded by Allan Cuscia to make the finding that specific and Material changes have occurred sufficient to permit the Application to Make a repetitive petition under Section 10.8 of the Toning Bylaw. The members voting in favor of the finding: D. Paul Koch, Jr., Ellen P. McIntyre, Allan Cuscla, Alexandria A. Jacobs, and Ronn R. F'aigen. The members voting in opposition to the finding: None The Chairman declared the Board's vote to be 5-0 to MAKE THE FINDING. 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 Cleric's hours of operation and make necessary arrangements to be sure your pasting 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 MINUTES TOWN OF NORTH ANDOVER r t The fallowing plans and exhibits were submitted with the.Application or at the public hearing: Variance Plan by Christiansen& Sergi dated April 11, 2018 Variance Plan by Christiansen& Sergi dated May 1, 2018 rev May 7, 2018 Variance Plan by Christiansen & Sergi dated May 1, 2018 rev May 7, 2018, :tune 1.4, 2018, and,tune 28, 2018 Concept Plan (Elevation and Floor)by Gavin and Sullivan dated April 23, 2018 Photographs 1725 Turnpike Street New Public Heari The applicant is requesting a Special Permit and Variances pursuant to Town of North Andover Zoning Bylaws: the Special Permit request is per Section 9.1 (Non-Conforming Uses)and the Variance requests are per Section 8.2 and Table 2 (Summary of Dimensional Requirements) for relocation of an existing convenience store within the existing site and add two fuel dispensers at an existing retail store/auto service station in the GB Zoning District. Allan Cuscia read the legal notice. Attorney Anthony Copani is at the podium discussing the addition of two fuel dispensers and relocation of the convenience store. He feels there will be better traffic flow and that these are variance that were granted back in 1999. It is an irregular shaped lot and the hardship is the depth of the lot. The main purpose it to improve and upgrade the site. The result will be appearance, better traffic flow and pedestrian safety. It is an irregular shaped lot. The depth of the lot at its widest is only 90 feet. A 100 foot setback is required which snakes it impossible to comply. Fuel pumps are in a very congested area. The applicant would like to move the mini mart. to the widest part of the lot. This would allow them to hook to town water and remove the septic system. Parking would be moved to the front of the mini mart which would be much safer. 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. MEETING MINUTES TO111I'N OF NORTH ANDOVER 90 percent of the land abuts state forest. (submitted photographs) The driveway is being reduced to 36.5 feet but they will have to work with DOT. A wider opening is needed for trucks to re-fuel. Anthony Guba is at the podium. He is a project engineer and is an employee of AL Prime Gas. The mini mart is increasing from 1000 square feet to 2000 square feet. Extra room is needed for storage, Allan Cuscia addresses Anthony Guba regarding the neighbors from Colonial Drive. They were upset about the hearing from 1717 Turnpike and if they knew that would they have filed an application. Ellen P. McIntyre agrees that the majority of the lot is state forest but the 10 percent is where the mini mart will be moved to and closer to the residential area. Attorney Copani discussed that a gas station is allowed as a matter of use in the GB district. It is a valid non-conforming structure. The board will have to prove it is more detrimental to the neighbors than changes to the station. There is a discussion of the board with Anthony Guba about different ways of adding dispensers and the size of the mini mart. They need to explore limitations and how far back the driveway can be placed. Being 3 feet away from the lot and 12 feet away from a residential neighborhood needs to be explored more fully. The board would also like to know why the size of the mart is being doubled. Also coming up with another option of having the building look like a prison wall. Chris Carter 15 Colonial Drive His backyard is the 10 percent of the lot of where the mini mart would be placed. He feels there are better ways to improve the existing lot. The generator and dumpster would be in J his backyard which would cause additional noise and lights shining all night. Would like the property tested for possible contamination. Notices and agendas are to be posted ail hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keep in mind the Torun 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 MINUTES 1 TOWN OF NORTH AN'DOVER I- I i Christine Castaldo 85 Colonial Drive The board should be concerned with the variances and the special permit they are asking for. Not the aesthetics of the building. It is a very extensive project and profitability is not a reason for these permits. It should be what is best for the land and not detrimental to the land. Caroline Castaldo refers to the Harrison Case which discusses existing non- conforming lots. Wendy Kahn 51 Colonial Drive There is a very thin barrier between the new placement of the mini mart and Chris Caster's property. The variances and permit they are asking for should not be granted because profit is not a reason. By doubling the pumps, doubling traffic, and 1717 Turnpike potentially going there, it would be public and safety concerns. Judy Ferris 31 Oxbow Circle We are not looking to be a town of 60k people. Node starts across from Colonial Drive and they are considered to be the entry to North Andover. Flow can the town keep giving variances on these non-conforming lots? "Enough is enough". Prime has been a good neighbor. 'Town sewer is a concern. She thinks it may be at capacity. How many additional trips will the trucks have to make with the additional pumps? They knew when they purchased it that is was a non-conforming lot and that is a self-imposed hardship. D. Paul loch gave the applicant a chance for Attorney Copani to address the gallery. Attorney Copani didn't expect this type of resistance but is willing to work with the abutters. The board is discussing issues with Attorney Copani and Anthony Cuba. They have decided to continue to meeting to September and they will come up with some different ideas to address the concern of the board and the abutters. The following plans and exhibits were submitted with the Application or at the public hearing. Variance Application dated 7-9-2018 Special Permit dated 7-9-2018 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. MEETING MINUTES TOWN OF NORTH ANDOVER l 1 Building Permit A.L. Prime Energy Consultant, Inc. Site Layout 7-2-2018 Photographs 329 Onood Street New Hearinjz: The petition of Jaynes Lafond for property at 329 Osgood Street(Map 009.5, Parcels 0046), North.Andover, MA 01845 in the R-4 Zoning District. Allan Cuscia reads the legal notice. Jim and Lisa Lafond are at the table discussing the addition of a one car garage. The home was purchased by his parents in 1953 and it has been family owned since. It is a 9600 square foot lot and there are not many choices on where to put the garage. They have discussed their options with an architect and the best place for the garage is for it to be free standing and diagonally to the house. If they place the garage directly behind the house it will be only 2 %i feet away from a window and cover all natural light the home currently has, If they attach the garage, you would have to enter the home through the bedrooms. The board does not think it looks aesthetically pleasing. It is an oversized garage 16x22. A questions also arises as to where the hardship is. The board has not heard anything about soil, shape or topography. Susan Donovan 42 Horace Greeley Road Amherst NH She is at the podium and presenting a photograph from her phone of the property. Her concerns are the size of the garage, lighting,plowing, drainage and would like to see if they could direct the garage in a different way. i Based on feedback from the board and the abutter the Lafond's have decided to continue the meeting to September.. 997-999 Osgood Street New Hearin The petition of New Discoveries Early Learning Center, LLC for property at 997-999 Osgood 1 Street (Map 035.0, Parcel 0050), North Andover, MA 01845 in the B-2 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 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 MEETING MINUTES TOWN OF NORTH i AINDOVER � �� i�1V11»1PiP�u1 ,�q„ 1 Allan Cuscia read the legal notice. J Attorney Brian Vaughan is at the table representing Lorraine Miles, Phil Henry with Civil Design is at the meeting. They are looking for a special permit for a daycare facility in the red barn at 997-999 Osgood. Street. The only construction would be the interior and a minor change to the outside for the playground. It is consistent with the neighborhood, Phil Henry has gone in front of conservation and it was approved to place the playground outside. There is no issue for parking spaces. A mylar has not been submitted due the substantial cost of getting one. The board has questions regarding how children will get to the playground from the daycare center. Is it required to have a playground? Discussing kids to teacher ratio and how many children will the center have a full capacity? Lorraine Miles and Brian Vaughan answer that the center will have procedures on getting the children to and from the playground. At full capacity it will be roughly 70 children. Phil Stearn 1003 Osgood Street Very busy parking lot and feels as though it is dangerous for kids to walk to an outside playground. Pick and drop off would be difficult. Ellen P. McIntyre is asking why there is no mylar and.Attorney Vaughan explains that the cost is substantial and all the detailed engineering work is not on their system. Ellen feels as though everyone is asked for a mylar and she will not be able to vote appropriately without one. Board is deliberating. A motion was made by Allan Cuscia and seconded by Ronn R. Faigen to grant the P special permit req uested under Section 10.3, 10.31, and 4.127(22) of the North Andover p Zoning Bylaws. The members voting in favor of the special permit:. D. Paul Koch, Jr., Allan Cuscia, Ronn R, F aigen, and Alexandria A. Jacobs. Notices and agendas are to he 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 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. gate., Matters may be called out of order and not as they appear in the agenda. 1 MEETING MINUTES t TOWN OF NORTH ANDOVER i I The member voting in opposition to the special permit: Ellen P. McIntyre � i The Chairman declared the Board's vote to be 4-1 to GRANT THE SPECIAL PERMIT The following plans and exhibits were submitted with the Application or at the public hearing:. Playground Location Plan by Gianna Design Group dated July 5, 2018. j Permit Set,Proposed Layout Plan A-1 by Gianna Design Group dated July 5, 2018 I Site Development Plan by MHF Design Consultants dated June 1.7, 2010 1 1 Site Plan by Land Engineering& Environmental Services, Inc. dated June 4, 2013. Overall Floor Plans A1.0 by Douglas R. Annno, AIA NCARB dated November 19, 2013 Resume of Lorraine Miles, M.Ed., BCBA Memorandum in Support by Smolak & Vaughan dated July 11, 2018 31 Johnson Circle New Hearin: The petition of Denise Favorat for property at 31 Johnson Circle (Map 0097, Parcel OO62),North Andover, MA O1845 in the R-3 Zoning District, Allan Cuscia read the legal notice. Denise Favorat is at the table discussing her plans for 31 Johnson CircleNorse i Environmental came out and tagged the property. Christiansen and Sergi developed a plot plan for the variance. She has provided all documentation for the board to review. Notices and agendas are to be posted 48 hours in advance of the meeting exctudine Saturdays,Sundays and legal holidays. Please]seep 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(lie meeting are to be listed on the agenda. (Note: Matters naafi be called out of order and not as they appear in the agenda. 1 MEETING MINUTES TOWN OF NORTH ANDOVER i 1 She is constructing a 14x16 four season sunroorn with a I0x14 deck on the back of her split level ranch home. There will be no foundation. It will all be on pillars so there will. be no ground disturbance. She is asking for a variance because it is in watershed. i It has been approved by conservation. They have asked her to put materials along the driveway and tag a few trees. n for the planning The town engineer has requested Christiansen and Sergi to update the la p g g q g p p board to add crushed stone for appropriate drainage. The board is deliberating and then brings it to a vote. Upon a motion by Allan Cuscia to grant the variance requested under Section 4.136.3.c.ii(3) Watershed Protection Division of the Zoning Bylaws. The members that voted to grant the variance; D. Paul Koch, Jr., Ellen P. McIntyre, Allan Cuscia, Ronn R. l aigen, and Alexandria A, Jacobs. The members that voted to deny the variance: None The Chairman declare the Board's vote to be -0 to GRANT TIIE VARIANCE. Miscellaneous ZBA Rules and Regulations Social Media Policy October Meeting date changed to October 2, 2018 Meeting Adjourned at 11:17p1m1 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 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. Dote: Matters may be called out of order and not as they appear in the agenda.