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Home My WebLink About2018-11-13 Zoning Board of Appeals Minutes Town of North Andover ZONING BOARD OF APPEALS Members Associate Members D. Paul Koch,Jr.,Esq., Chairman s Steven R. Seide Ellen P.McIntyre, Vice-Chairman Michael T.Lis l Allan Cuscia Alexandria A.Jacobs, Esq. Zoning Enforcement Officer Ronn R. Faigen Paul G.Hutchins MEETING MINUTES Date of Meeting: November 13, 2018 Time of Meeting: 7:30 PM Location of Meeting: School Administration Building, 566 Main Street,North Andover,MA, 01845 Signature: Valerie Cinseruli Town Clerk Date Stamp: 1. Call to Order called at 7:41 pm Members Present: D. Paul Koch, Jr., Ellen P. McIntyre, Allan Cuscia,Alexandria A. Jacobs, Ronn R. Faigen, Michael T. Lis, Steven R. Seide,Frank J. Killilea Staff Present: Valerie Cinseruli Gavel given to: D. Paul Koch, Jr. j Pledge of Allegiance Koch formally recognized a new Board member, Frank J. KiIlilea. i 2. Acceptance of Minutes Paul Koch asked to table the September 11, 2018 minutes to the December 11, 2018 meeting. 3. Extension re: 470, 500, 530 Boxford Street E Michael, Thomas and Cornelius Donovan,for property 470, 500, 530 Boxford Street (Map 105.C, Parcels 041, 042, 043),North Andover, MA 01845 in the R1 Zoning District. Request for 6-Month Extension of Term of Decision and Request for Finding and Endorsement concerning updated Plans. Variances were granted December 12, 2017 and the Donovans would like to extend it for another year. Conservation took many months but it was approved. There were minor modifications from conservation. Moving footprint slightly and the driveway will move in front of the home. The Mylar will be updated to include the new footprint of the home. Allan Cuscia made a motion to extend the variances. Ronn R. Faigen seconded the motion. It was a unanimous vote. D. Paul Koch, Jr., Ellen P. McIntyre, Allan Cuscia, Alexandria A. Jacobs and Ronn R. Faigen voted. 4. Continued Public Hearing re: 1725 Turnpike Street Notices and agendas are to be posted 48 hours in advance of a 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 that posting is made in an adequate amount of time. A listing of topics the Chair reasonably anticipates will be discussed at a meeting are to be listed on the Agenda. Note: Matters may be called out of order and not as they appear in the Agenda. Page I of 3 9 i 1 Town of North Andover ZONING BOARD OF APPEALS The petition of A.L. Prime Energy Consultant, Inc. for property at 1725 Turnpike Street (Map 1073, Parcel 0056),North Andover, MA 01845 in the GB Zoning District. Anthony Guba Professional Engineer is at the podium recapping the project. Changes from the last meeting: Reduced the building to 1600 Sq. Feet Moved it further back from the street Generator is in front of the building which results in a greater setback from the residential area Trash enclosure is in front of the building All LED lighting Caroline Castaldo 85 Colonial Avenue Requested a meeting and met with Prime Gas but they were not able to come to an agreement. She has issues with the additional fuel dispensers and not adequate street frontage, Refers the Harrison Case regarding non-conforming lots, Lighting is too bright and there will be congestion with six PUMPS. Wendy Kahn 51 Colonial Avenue It is a non-conforming lot and cannot be changed for profit and economic reasons. Does not agree with the explanation of the Harrison Case as described by Attorney Anthony Copani. Alanna Gill 10 Colonial Avenue She is concerned that it will become a 24 hour store. Currently it is open 18 hours but if needed they do have the authority to change it. The other concern is if they will sell liquor. Anthony Guba responds to the abutters concerns. Judy Ferris 31 Oxbow Circle Wants to know what the hardship is to A.L. Prime Gas, A. Cuscia made a motion to close public comment and R. Faigen seconded the motion. Board is deliberating. E. McIntyre made a motion to grant the special permit. A. Cuscia seconded the motion. In favor of the special permit was P. Koch,A. Cuscia,A. Jacobs, and R. Faigen. Against the special permit was E. McIntyre. The vote was 4-1. E. McIntyre made a motion to grant the variances and R. Faigen seconded the motion. In favor of the special permit was P. Koch, A. Cuscia, A, Jacobs, and R. Faigen. Against the special permit was E. McIntyre. The vote was 4-1. 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 Building Permit A.L. Prime Energy Consultant, Inc. Site Layout 7-2-2018 Page 2 of 3 I E Town of North Andover ZONING BOARD OF APPEALS E I Photographs Applicant's Memorandum Addressing the Effect of Harrison v. St. Pierre Traffic Report submitted by Gillon Associates John Gillon Resume 6. Acceptance of 2019 Meeting Schedule T Clerical changes to the schedule. Confirm with legal counsel about moving the December 25, 2018 legal notice publication date to the day before or the day after. E€I 7. ZBA Rule Article 11, sec. 3 Mylar Use Discussion of the board on not requiring applicants to submit a Mylar. It is only in the ZBA Rules and Regulations. P. Koch has corresponded with Suzanne Egan. The Board has the discretion to change I it. With new technology it may not be necessary to have one. j I 8. Miscellaneous I 9. AOiournment meeting adjourned at 10:12 pm ' E E€ i S jI I a 3 Page 3 of 3 3 i i