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HomeMy WebLinkAbout01.11.11 Town of North Andover ZONING BOARD OF APPEALS V%ORTfl Albert P. Manzi Iff, Esq. Chairman Associate Members Ellen P. McIntyre, Vice-Chairman 0 Thomas D. Ippolito Richard J. Byers, Esq. Clerk Michael P. Liporto Richard M. Vaillancotirt Zoning Enforcement Officer Daniel S. Braese, Esq. CHUS GeraldA. Brown DRAFT MINUTES Tuesday, January 11,2011 at 7:30 p.m. 120 Main Street,North Andover,Massachusetts Members present: Albert Manzi, Ellen McIntyre, Richard Byers, and Richard Vaillancourt Associate Members: Michael P. Liporto Also in attendance: Zoning Enforcement Officer, Gerald Brown Excused absence: Thomas Ippolito and Daniel Braese. Albeit Manzi called the meeting to order at 7:40 Pledge of Allegiance APPROVAL OF MINUTES December 14, 2010 McIntyre made a motion to approve minutes. Byers second the motion. Those voting in favor to approve the minutes were: Albeit Manzi,Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Liporto. 5-0 Discussions Zoning Board 2011 Revised Meeting Schedule. Byers made a motion to adopt the Revised Zoning Board 2011 Meeting Schedule, Vaillancourt second the motion. Those voting in favor: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Liporto. 5-0 Manzi then talked of Edgewood Retirement Community Inc., 575 Osgood Street and stated that Atty. Lavoie will be here later to brief the Board on the Edgewood project. Manzi stated that he met with Lavoie recently on this matter,but he will leave that for Lavoie to discuss and also to enlighten the Board on this project. Manzi stated that Lavoie is at a meeting, but plans on getting here around 8:30. Manzi stated The Board's Elections will be tabled after the public Hearings. Manzi stated that we will table the Continued Public Hearing(Special Permit) of 0 Martin Avenue until the New Public Hearings (Variance) of 0 Martin Avenue is heard. Page 1 of 7 January 11, 2011 Town of orth Andover ZONING BOARD OF APPEALS t%ORTH Albert P. Manzi 111, Esq. Chairman "eD " Associate Members Ellen P. McIntyre, Vice-Chairman Thomas D. Ippolito Richard J. Byers, Esq. Clerk Michael P. Liporto Richard M Vaillancourt Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown S C US Manzi moved onto the next Continued Public Hearing, item on the agenda, 250 Sutton Street(Map39 Parcel 19) Special Permit (1)I-S District (continued)Doug Ahern (JeffCo Inc). Manzi stated he had the opportunity to meet with Scalise and they discussed the two correspondences and opinions that were received from Town Counsel regarding this project. Scalise walked to the podium and updated the Board on the proposed petition. Scalise reminded the board on the project and stated that it is in an I-S Zone. It is a single family home, and his applicant would like to demolish it and build a two family home. Scalise talked of the correspondences received from Town Counsel and stated that a Special Permit is one way to consider going on this project. Town Counsel also suggested Variances, one for size of lot, the other for use. Scalise stated he talked to his client and that they would be willing to meet and discuss this matter with the Building Inspector, Gerald Brown on the best way to do this. Scalise stated that they are looking to go in front of the Board with a new re-filing in March. Manzi then spoke of the first correspondence from Town Counsel, as well as the questions and concerns he raised to Town Counsel in regards to the contents of the letter. Manzi wanted clarification from Town Counsel regarding"use",that is when a second letter from Town Counsel was received, clarifying the initial opinion. Scalise stated that this can be done, if we use the right vehicle, according to the correspondences from Town Counsel. Vaillancouit talked of the correspondences from Town Counsel and the way that"use" can be interrupted by the Board. Byers made a motion to continue the meeting till February. McIntyre second the motion. Those voting in favor: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancouit, and Michael P. Liporto. 5-0 Manzi referred to the correspondences from Town Counsel and stated that we can rely on these opinions for future hearings and meetings. Manzi moved on to the next Continued Public Hearing for a Special Permit (1) R-4 District. Ray Von Realty Trust(Raymond Y. Cormier,Trustee)Lot#5 Chatham Circle (Map 47,Parcel 139). Atty. Borenstein was not present but was requesting through a form (Time Waive Form) as well as a letter to continue this hearing until February, Manzi read the letter that Borenstein e-mailed to the Zoning Department regarding this matter. Page 2 of 7 January 11, 2011 Town of orth Andover ZONING BOARD OFAPPEALS tkORTH Albert P. Manzi III, Esq. Chairman 76,60 ,6 � Associate Members -.0 -- Ellen P. McIntyre, Vice-Chairman 0 40 Thomas D. Ippolito Richard J. Byers, Esq. Clerk Michael P. Liporto Zoning Enforcement Officer Richard M Vaillancourt Daniel S. Braese, Esq. .04-r..0, Gerald A. Brown CHUS Manzi then stated that he met with the Town Planner, Judy Tymon and also discussed the outstanding issues with drainage on Chatham Circle. Byers made a motion to continue this hearing until February. McIntyre second the motion. Those voting in favor: Albeit Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancoutt, and Michael P. Lipoito. 5-0 Manzi and the board then looked over the Miscellaneous Correspondences that were mailed out to the Board in their packets. These letters were looked at individually and were discussed and addressed briefly. Continued Public Hearing, V. Scott Follansbee for premises at 0 Martin Avenue (Map 45G Parcel 20 and Map 45G Parcel 36) for a Special Permit and also the New Public Hearing V. Scott Follansbee for premises at 0 Martin Avenue (Lot 1 Map 45G Parcel 20 and Lot 2 Map 45G Parcel 36) for Variances. Manzi asked Atty. Burke (speaking on behalf of the applicant) if they would like to discuss these all together. Burke agreed that would be fine. Manzi stated that we will discuss these two new public hearings first. Burke refreshed the Board of the first time that he went in front of the Board in August. His applicant wanted to put a two family house that would be constructed over the two lots. They met with much opposition from the abutters, and now they are here in front of the Board with different plans. These new proposed plans are for a new single family home to be constructed for each lot. Burke showed and compared the plan proposed in August(Special Permit)to the new plans (Variance). Burke stated the new plans require two Variances for each lot. One was for lot size and the other was for frontage. Burke stated that the new proposed living space is much smaller for these two homes combined,than the original plans for the 2 family home that was submitted in August. He also stated that only 1 garage is now proposed for each home, where the 2 family had two,two stall garages attached on each side of the two family, making that structure much larger. Burke showed the Board how these two proposed single homes would look. Burke stated that these two single family homes may be more compatible with how the neighborhood feels. Burke mentioned at the last meeting in August that McIntyre requested an assessor's map on the size of the lots in the neighborhood. Burke showed the map to the Board and also talked of the size of each individual lot in the area, as well as the types of homes. Burke also submitted a variety of individual Residential Property Record Cards of the neighborhood. Burke stated that many of the lot sizes in the area are consistent with each other, and are around 9,000- 10,000 square foot lots. Page 3 of 7 January 11, 2011 Town of North Andover ZONING BOARD OF APPEALS OORTH Albert P. Manzi III, Esq. Chairman Associate Members Ellen P. McIntyre, Vice-Chairman Thomas D. Ippolito Richard J. Byers, Esq. Cler1c 40( Michael P. Liporto Richard M. Vaillancourt Zoning Enforcement Officer Daniel S. Braese, Esq. -"Arl. Gerald A. Brown CHU McIntyre asked Burke if they were all single family homes in the neighborhood. Burke stated that there are two-family homes, three-family homes, as well as just single family homes in this area. Burke stated that a similar petition to what we are proposing today was brought to the Board and granted in 1987, but it was never acted upon. Burke submitted the 1987 Decision to the Board. Ben Osgood, from Pennoni Associates walked over to the podium to discuss the site drainage. Their company performed a drainage analysis for the two proposed lots. Osgood talked of the proposed Catch Basin. Osgood discussed and submitted to the Board a Grading and Drainage Plan. Osgood submitted to the Board a letter along with a chart (table two)that showed the Peak Discharge rates of the 2, 10, 25 and 100 year Storms. Manzi asked of roof run offs and Osgood explained how the gutter system and grating would work to prevent an issue. McIntyre asked of the two lots and if they were actually two separate lots or was it combined into one lot. Burke said he has the deeds and copies of parcels from the town. Byers asked Burke of the two Variances that they are seeking for each of the 2 lots. Liporto questioned the back elevation of the proposed plans. Liporto stated one is more like a shed type dormer and one seems to be more of a gable type dormer. Byers asked what the average size home was in the area. Burke read off to the Board the lot sizes of many of the homes in the area and submitted that information to the Board. Manzi opened the meeting up to the abutters. The first abutter to walk over to the podium was Stephen Manning, of 64 Martin Avenue. Manning stated that the house he lives in is near one of the proposed houses. He then asked of how the Bylaws in North Andover were approved, Manzi and McIntyre stated that they were approved at Town Meetings. Manning stated he would like the board to deny this petition because it does not meet the requirements of the Bylaws in this district. He also stated that the two proposed houses do not fit in with the neighborhood. Paul Dubois, of 75 Meadow Lane walked over to the podium. He stated that his mother lives on 53 Martin Avenue. He had two issues stating that many of the homes now do not fit the requirements of the area. There is more house than open area. Dubois wants to get the neighborhood back to what it was before. Dubois did not think a catch basin in the middle of the yard would look good. He felt if the houses were smaller that you would not need a catch basin. Dubois stated that by building these homes,they would not go along with what the town voted for. Page 4 of 7 January 11, 2011 Town of North Andover ZONING BOARD OF APPEALS t4ORT11 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice-Chairman 0 0 Associate Members Thomas D. Ippolito Richard J. Byers, Esq. Clerk Michael P. Liporto Richard M. Vaillancotirt Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown S CHUS Byers wanted to make a point to Dubois that by right they could build a single 5,000 square foot house on the two lots. Dubois stated he would rather have one family on these two lots,because it would be less crowded, one driveway and less cars. Pamela Carlson,walked to the podium and stated that she lived on 27 Bacon Avenue. Byers asked her to point out on the map where she lived. She stated in 1980 she owned 4 lots on Martin Avenue that were adjacent to one another, and she was forced to combine these 4 lots and sell them off as a single lot. She felt this was not fair, since the lots in question are smaller lots, and Carlson felt that she should have the same rights as the proposed petitioner with two separate lots. Manzi stated he understood what she was saying, but her petition was not in front of the Board. Manzi asked her what her feelings were on this particular petition in front of us now, and Carlson stated that she was not in favor of this. Bob Gallagher, of 71 Martin Avenue walked over to the podium and asked questions on the two proposed house lots. Gallagher asked if there were cellars, or if attics would be added, who would maintain the installed catch basins, or if there was a traffic study done in this neighborhood due to this proposed project. Gallagher talked of the flooding in the neighborhood and he felt that they were adding pressure to the already existing problem of drainage issues. Gallagher stated that some of the neighborhood needs to pump out the water during rainy and snowy seasons. Burke addressed some of the questions that Gallagher brought up. In regards to the cellar Burke answered yes, that one is planned, but he also stated that Follansbee could go without a cellar if need be. As far as an attic, it is not a standup attic and will not be livable. Osgood addressed the drainage issues questions and talked of how the water would be release slowly with the catch basin. Maintenance of the catch basin would be done by the homeowner and most likely should be cleaned and inspected periodically to make sure the Basins work correctly. Osgood stated that with a project this size it does not require traffic study. Manzi asked Burke of the original petition(Special Permit)that was filed months ago and if he wanted to Withdraw without Prejudice. Burke stated that his client would be willing to "Withdraw without Prejudice" on this Special Permit. Vaillancouit made a motion to approve this Special Permit to be withdrawn without Prejudice. Byers second the motion. Those voting in favor: Albert Manzi, Ellen McIntyre,Richard Byers, Richard Vaillancourt, and Michael P. Liporto. 5-0 Page 5 of 7 January 11, 2011 Town of North Andover ZONING BOARD OF APPEALS t&ORTil Albert P. Manzi III, Esq. Chairman Associate Members Ellen P. McIntyre, Vice-Chairman 0 Thomas D. Ippolito Richard J Byers, Esq. Clerk Michael P. Liporto .40 Richard M Vaillancourt Zoning Enforcement Officer Daniel S. Braese, Esq. Ir,9 SA U Gerald A. Brown Manzi asked if any other abutters would like to speak. With that being said, Robin Mendonca, of 49 Martin Avenue walked to the podium and showed where his home was on the map. He stated that a home in this area should be in proportion with the size of the lot. Mendonca also stated that when the zoning changed a number of years ago the neighborhood thought that only one single family home would be built on these two lots. Mendonca also pointed out that the two homes proposed are cookie stamped homes. They are alike and do not fit in with a neighborhood that have many styles of diverse homes. Mendonca stated that he would prefer only one home be built on these two lots. Bernadette Curran walked over to the podium, and stated that her mom, Bernadette Dubois, of 53 Martin Avenue lives across the street from the lots in question. Curran told the Board that she knew the original owner of these two lots and was asking the Board if these two lots are just one lot now. Curran asked how they would go about to deny or grant this petition. Manzi explained to Curran that they look at the totalities of the petitioner, and that is how they base their decision. They take all the facts and information that is brought in front of the Board. Curran was very concerned with the lots in question. Curran felt that with the transfer of ownership that now these two lots may possibly be considered just one lot. Manzi asked Curran to submit any information she may have on this to the Zoning Board. Manzi asked Burke if he could submit any deed information regarding the lots in question to support the applicant's petition,that this lot is two actual lots and not one combined lot as Curran suspects. Mrs., Anderson, of 71 Adams Avenue walked over to the podium, showed her home on the map. Anderson stated that the neighborhood would like to see only a single family home built on the combined two lots and not two single family homes on each separate lot. Anderson did not want a duplex built like originally proposed back in August. Anderson also talked of the percentage of footage proposed on the two lots, compared to the open space and felt that the footage was substantially more then most of the homes. Anderson also spoke that she is worried about the water drainage if these two single family homes were built. Mrs. Anderson's husband, Peter Anderson, stated that he and his wife own two parcels of land. Their home sits on the larger parcel and that they do receive two tax bills for this. Mr. Anderson is also not in favor of this proposed project. Manzi asked Atty. Burke to add stakes to the lots so that the Board could ride over and take a look at the property in question. Manzi also said that the Board also wants to have a better understanding of the deed information. Page 6 of 7 January 11, 2011 Town of North Andover ZONING BOARD OF APPEALS %AORTH Albert P. Manzi III, Esq. Chairman Associate Members 0 Ellen P. McIntyre, Vice-Chairman 0 Z. Thoinas D. Ippolito Richard Michael P. Liporto ichai Byers, Esq. Clerk Richard M. Vaillancourt Zoning Enforcement Officer # Daniel S. Braese, Esq. Arm.)1 ;a Gerald A. Brown CHU Manzi then asked the applicant to submit the change to fix the inconsistency that Liporto noticed on the plans that showed the dormers. Byers made a motion to continue the two petitions until February 8th Vaillancourt second the motion. Those voting in favor: Manzi, McIntyre, Byers, Vaillancourt, and Liporto. 5-0 Discussion Edgewood Retirement Community Inc., 575 Osgood Street. Manzi stated that Atty. Lavoie was now here to speak to the Board on the Edgewood Project. Manzi represented to the Board that he met recently with Lavoie on this project. Lavoie stated that they have completed construction on the expansion of the Edgewood Retirement Community. Lavoie talked of the Special Permit of the Milk Barn and also how one of the Milk Barns that could not be rehabilitated needed to be razed and replaced. Lavoie added that it was a very good looking replica of a Milk Barn. Lavoie talked of the Historical Commission's concerns. Lavoie also talked of how the Historical Commission wants to preserve the John Osgood House and also to have restrictions on this home in the future. Manzi stated that it was a very nice looking project and Lavoie stated that he was proud of how well it came out. Manzi stated that the Board is willing to give Lavoie any letters of support on the project if needed. McIntyre wished Lavoie luck. McIntyre stated that now they have to vote on the Board's Annual Election. McIntyre made a motion to keep all the Board members in the same positions,remain as status quo. Byers second the motion. Manzi asked if the members still wanted to keep their position. The Board members were satisfied with the positions that they held. Those voting in favor: Manzi, McIntyre, Byers, Vaillancourt, and Liporto. 5-0 McIntyre made a motion to adjourn Byers second the motion. Those voting in favor: Manzi, McIntyre, Byers, Vaillancourt, and Liporto. 5-0 Adjourned at 9:52 Page 7 of 7 January 11,2011