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HomeMy WebLinkAbout06.21.11 Town of North Andover W/?P 1-6 ZONING BOARD OF APPEALS 26 t%ORTH Albert P. Manzi III,Esq. Chairman „ go ” Associate Members Ellen P.McIntyre, Vice-Chairman Z. - Thomas D.Ippolito Richard J Byers,Esq. Clerk 00 MichaelP. Liporto Richard M. Vaillancourt Zoning Enforcement Officer Daniel S. Braese, Esq. 4. Gerald A. Brown AC US DRAFT MINUTES Tuesday,June 21,2011 at 7:30 p.m. Senior Center 120R Main Street, North Andover,Massachusetts Members present: Albeit Manzi, Ellen McIntyre, and Richard Byers, Associate Members: Thomas Ippolito, and Michael Liporto Also in attendance: Building Inspector, Gerald A. Brown Excused absence: Richard Vaillancourt and Daniel Braese Manzi called the meeting to order at 7:37 APPROVAL OF MINUTES May 3, 2011 Ellen McIntyre made a motion to approve minutes. Byers second the motion. Those voting in favor to approve the minutes were: Albert Manzi, Ellen McIntyre, Richard Byers, Thomas Ippolito and Michael P. Liporto 5-0 COMMITTEE REPORTS Housing Partnership Report,McIntyre stated that at the last meeting they discussed membership as well as where the meetings will take place. McIntyre also stated that the meeting was a very short one. The Housing Partnership Committee will meet again in September. Manzi moved on to the Continued Public Hearing,they are looking for a Special Permit in an R4 District. Continued Public Hearing Special Permit (1) R-4 District. Ray Von Really Trust(Raymond Y. Cormier,Trustee) for premises on Lot#5 Chatham Circle (Map 47,Parcel 139) Atty. Donald Borenstein who was representing the applicant walked over to the table to discuss what his client was requesting to the Board members. Manzi talked of the history of this request and stated that this is a definitive subdivision that was approved in August of 2000 from the Planning Board. Manzi also stated that at the time when this subdivision was approved a 2 family or duplex was allowed by right in an R-4 Zoning District, but now Page 1 of 7 June 21, 2011 Town of North Andover° ZONING BOARD OFAPPEALS NORTH Albert P.Manzi III,Esq. Chairman Associate Members Ellen P.McIntyre, Vice-Chairman o Thomas D.Ippolito Richard J Byers,Esq. Clerk Michael P. Liporto Richard M. Vaillancourt Zoning Enforcement Officer Daniel S.Braese,Esq. 01VArs Gerald A. Brown S US they need to come in front of the Zoning Board to have a duplex approved because of the Zoning changes. Now there is one (1)remaining interior lot, Lot#5 for Chatham Circle. Borenstein talked to the Board of the Special Permit that his applicant was requesting and stated that they are looking for approval from the Board to build a duplex in this area. He said what they are requesting is consistent with the area. They are looking to construct a duplex that is similar to what exist in the area already. Borenstein stated a few concerns from the abutters, regarding Lot45 that he wanted to address. 1. Abutters had indicated that a single family was to be built on this lot. Borenstein researched this and found nothing to imply that a single family home would be built on this lot. 2. Concerns of stormwater runoff from the abutters. Borenstein stated that they proposed a condition to infiltrate the roof runoff from the building in order to minimize potential negative impacts from the stormwater runoff to the existing roadway and abutting properties. 3. Another concern was the appearance of the proposed home. Borenstein stated that it would be of equivalent in quality and material of the other homes constructed in the area. 4. The last concern was the status of the subdivision. Borenstein stated that they are not looking for this Board to waive or make any changes that were set in place by the Planning Board and Town Staff. These will remain in place as stated when this subdivision was approved. Manzi asked if the subdivision was complete,Borenstein stated that the roadway was complete but the drainage issue is still an outstanding issue and they will leave that up to the Planning Board and Town Staff to determine. Borenstein talked of the proposed plans, landscaping, drainage, roof runoffs, and also the outstanding bond that they have with the Planning Board. Byers spoke of the letter sent from the DPW in December of 2010 that was requesting that the developer complete the infrastructure as approved by the Planning Board. McIntyre had concerns that another structure could affect the drainage in the neighborhood, and may make any type of drainage system less effective. Borenstein answered that the structure on Lot#5 and drainage was taken into consideration and was approved by the Planning Board in 2000 and remains the same. McIntyre also asked why the bond was not released. Borenstein replied that it was never denied. McIntyre felt the issue should be resolved before they approve the project. Gerald Brown spoke up and said they need to resolve these issues with the Planning Board, Conservation and Town Engineer and if these issues are not addressed he can not issue a Building Permit. Brown also mentioned to the Board that they do use the Form U system and require the appropriate sign offs before a Building Permit is issued. Brown stated that the Board needs to only vote on the Special Permit, on the merits of a 2 family house. Page 2 of 7 June 21, 2011 Toi4,n of North Andover ZONING BOARD OF APPEALS t4ORTH Albert P.Manzi III,Esq. Chairman Associate Members 76 Ellen P.McIntyre, Vice-Chairman 0 Thomas D. Il)polito Byers,i Esq. Clerk Michael P. Liporto Richard J Richard M. Vaillancourt Zoning Enforcement Officer Daniel S. Braese,Esq. Gerald A.Brown S C US Manzi stated that he is hesitant to touch the Bond and Drainage issues, but is glad he is aware of it. Lipoito agreed and also stated that the bond issue and drainage issue is concerning, but unrelated to the Board of Appeals. Brown reiterated again to the board that if the issues are not met he can not release a building permit. Manzi asked if there was anyone from the neighborhood. With that being said Simon Cox, of 19 Nantucket Drive walked over to the table and read a letter from one of the neighbors, Bill Coon, of 15 Chatham Circle who was out of the country. The letter spoke of the concerns of drainage and stolmwater facilities that have not been completed. Coon continued to read the letter, and also mentioned concerns of keeping the existing trees, since removing them would only worsen the current drainage and runoff problems that exist. Cox stated that Coon's is also on the Condo Association for Chatham Crossing. Cox stated he also agrees with this letter. Cox stated that he as well as many of the neighbors do not object to a home on that lot, but they all expected it to be a single family home, Cox as well as many of the other neighbors were also concerned with the visual look, size, structure,height,roofline and landscaping of the proposed duplex. Cox stated that many of the structures in the area are much bigger than the proposed one, and this is a concern of those living in the area. Cox asked Borenstein if the footprint will be the same. Liporto asked if they lived in a single home or townhouse. Cox stated it is a townhouse, but his as well as many others have the appearance of a single home. Cox thanked the Board for listening. Manzi asked if any other abutters wanted to speak, no one stood up. Borenstein walked back to the table and addressed some of the concerns, stating that the duplex meets all dimensional requirements. Borenstein stated the left unit is proposed to be 2,085 square feet and the right unit is proposed as 2,075 square feet and that this particular structure is designed to fit on this lot. Manzi said that uniformity seems to be a concern. Manzi asked if this proposed structure is what the Planning Board approved. Borenstein replied that it was as approved the way the Planning Board agreed it to be. Page 3 of 7 June 21, 2011 Town of North Andover ZONING BOARD OF APPEALS t%ORTII Albert P.Manzi III,Esq. Chairman ,to " - Associate Members Ellen P.McIntyre,Vice-Chairman 4. Thomas D. Ippolito Richard J Byers,Esq. Clerk 0 . 0 Liporto Richard M. Vaillancourt Zoning Enforcement Officer Daniel S. Braese,Esq. C U Gerald A. Brown Manzi stated he does not want to deviate from what the Planning Board approved. Manzi also stated that this is a very nice subdivision. Manzi stated at this point it may be time to close the public hearing, since we have exhausted all avenues of this hearing. He asked the Board if they agreed. Before that happened Liporto signed a form to certify that he is allowed to vote on this petition since he did not attend the last meeting in December on this petition. Manzi signed and approved it. Byers made a motion to close the public hearing. Liporto second the motion. Those voting in favor to close the hearing: Albeit Manzi,Ellen McIntyre, Richard Byers, Thomas Ippolito and Michael P. Liporto 5-0 Byers made a motion to grant the Special permit to allow for construction of a 2 family dwelling with the following conditions: 1. The landscaping and exterior finish for the development of Lot#5 shall be equivalent quality and materials to the landscaping and exterior finish originally furnished for the existing Chatham Crossing units as approved by the subdivision plans as built. 2. All roof runoff from the building to be constructed on Lot#5 shall be infiltrated using the appropriate methods and construction specified and approved by the North Andover Building Inspector or his designees at time of building permit issuance. McIntyre second the motion. Those voting in favor to approve the Special Permit with the above conditions: Albeit Manzi, Richard Byers, Thomas Ippolito and Michael P. Liporto. Those not in favor of the motion to Grant a Special Permit: Ellen McIntyre. 4-1 Manzi moved onto the New Public Hearings. a)Variance (1) and Special Permit (1)R-2 District. Michael and Lisa Jackson, 68 Tucker Farm Road (Map107C Parcel 103) Michael Jackson, the applicant for 68 Tucker Farm Road walked over to the table and spoke to the Board regarding the Farmer's porch that he and his wife Lisa Jackson are proposing. They are requesting a Page 4 of 7 June 21, 2011 Town of North Andover ZONING BOARD OF APPEALS tkORT#1 Albert P.Manzi 111,Esq. Chairman - Associate Members ffi. 1 6 0 Ellen P.McIntyre, Vice-Chairman Thomas D.Ippolito Richard J MichaelP. Liporto Byers,Esq. Clerk UP 0 - Richard M. Vaillancout Zoning Enforcement Officer Daniel S. Braese,Esq. �r&OAT— Gerald A.Brown S ACNU5 Variance because the required is 30 feet and the proposed is for 26.84 feet. They are also requesting a Special Permit for alteration and extension. The Board looked over the plans. Byers read the letter of support from one of the abutters for the applicant's petition regarding the construction of the Farmer's Porch. Brown spoke up and said that it is a worthy project. Byers made a motion to close the Public Hearing McIntyre second the motion All were in favor Albert Manzi, Ellen McIntyre, Richard Byers, Thomas Ippolito and Michael P. Liporto. 5-0 Byers made a motion to grant the applicants a Special Permit and Variance to construct a Farmers Porch Liporto second the motion. All were in favor Albeit Manzi, Ellen McIntyre, Richard Byers, Thomas Ippolito and Michael P. Liporto. 5-0 Manzi moved onto the next new public hearing on the agenda. b) Special Permit(2) R-4 District. Guberson Mercedat, 148-150 Waverley Road (Map 14 Parcel 149) Guberson Mercedat walked over to the table and summarized to the Board his intent of wanting to convert his attic into a 2 bedroom apartment, making his 2 family into a 3 family. Mercedat said he lives at the property. Mercedat said he had no plans to change the structure except to possibly add a window or two. Mercedat said he has enough parking for his tenants. The purpose is to have more income. Mercedat said he does have two egresses. Byers stated that the attic is large. Mcintyre stated that this area has a mixed use. McIntyre asked if Mercedat spoke to the fire Department for sprinklers. He told the Board that he has a general contractor that will take care of that. Page 5 of 7 June 21, 2011 Town of North Andover ZONING BOARD OF APPEALS t%0RTfj Albert P. Manzi III, Esq. Chairman # Associate Members Ellen P.McIntyre, Vice-Chairman 0 w Thomas D. Ippolito Richard J Byers,Esq. Clerk #�_ MichaelP. Liporto Richard M. Vaillancourt Zoning Enforcement Officer Daniel S. Braese,Esq. Gerald A. Brown ACHU Brown replied and said that by law that the applicant will need to have sprinklers, and also stated that by adding a 3rd unit he is also making this structure safer,just by adding the required sprinklers. Brown stated what Mercedat is asking for is a reasonable request. Brown also stated that the property is well maintained and that the Building Department is in favor of this project. Byers and the Board talked of the common driveway. The Board asked Mercedat if he had a deed regarding the parking on the property. Manzi wanted to hear from the abutters. With that being said Robert Pardis, of 21 Morris Street stated he lives behind the applicant. Pardis stated he feels that there are too many cars in the lot and that in his opinion it is a safety issue and many children live in the area. Pardis talked of the time when a car caught on fire in the lot, and the fire department had a very difficult time getting through with all the cars parked in that lot. Pardis stated that the applicants are very nice people,but he is concerned with the safety of the area with all these cars in the lot. Pardis stated that adding another unit would not be conducive to the area since, it would mean more cars parked in the lot. Pardis asked the Board how many cars per unit. Manzi replied 2 parking spots per unit. The next abutter to speak was Barry Champy, of 152-154 Waverley Road. Champy spoke of the parking issue and also the fire that Pardis spoke of and felt that it is not suitable to add another unit in this area. Manzi asked if anyone else from the neighborhood wanted to speak. No one rose to speak, so Mercedat returned back to the table and talked of some of the concerns that the neighbors had regarding the parking, green space and the windows on the property. Manzi stated that he and the board would like to take a look at the property. Manzi also mentioned the deed and also to have the parking spots striped. Manzi requested that the plan should identify the parking spots. Manzi wanted to know the access and egress on the parking and how the traffic flowed on the lot. He also requested to layout and identify all the parking in the plan. Brown stated he can get an opinion from the Fire Department. Brown asked how many children live on the property. Mercedat replied 5 children live on the property. Mercedat, signed a time waive form to be heard again at the August 9t"meeting. Byers made a motion to continue this hearing until the next meeting on August 9th Page 6 of 7 June 21, 2011 Toivn of North Andover ZONING BOARD OF APPEALS %40RT11 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 Richard M. Vaillancourt 4, Zoning Enforcement Officer Daniel S. Braese,Esq. C Gerald A. Brown McIntyre second the motion All were in favor to continue the hearing; Albert Manzi, Ellen McIntyre, Richard Byers, Thomas Ippolito and Michael P. Liporto. 5-0 Manzi moved onto the last new hearing on the agenda. c) Special Permit(1) R-2 District. Kevin and Jennifer Fluth, 93 Cricket Lane (Map 107 Parcel 285) Manzi recused himself from the vote and deliberation. Mcintyre chaired this hearing Kevin Fluth walked over to the table and stated he lives at this property with his wife and his 3 children. Fluth was requesting to the board that he would like his parent's to live in his home, in a family suite that he was proposing. Fluth mentioned that he had no intention on charging his parent's rent. He presented a letter to the board that his parent's wrote along with their picture. In the letter they spoke of how they have visited North Andover many times and admired this lovely town very much, and that now they would feel that it would be a privilege for them to become a resident and not just a visitor. Fluth asked questions to the board with the rules and regulations of adding a Family Suite. Fluth talked of the configuration and space that his parent's would live in, along with the parking that would be available for them. Brown supports this petition and feels it is a nice addition. Byers made a motion to grant the applicants a Special Permit to add a Family Suite Ippolito second the motion. All were in favor: Ellen McIntyre, Richard Byers, Thomas Ippolito and Michael P. Liporto. 4-0 Miscellaneous Correspondence McIntyre talked of all the correspondences in their packages and reviewed and discussed each one briefly. Adiournment Byers made a motion to adjourn at: 9:55 Manzi second the motion Those voting in favor to adjourn: Albert Manzi Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Liporto. 5-0. Page 7 of 7 June 21, 2011