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HomeMy WebLinkAbout10.11.11 (2) Town of North Andover ZONING BOARD OF APPEALS t%ORT. H Albert P.Manzi III,Esq. Chairman 0 Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P.Liporto 4140 Richard J Byers,Esq. Clerk Zoning Enforcement Officer Richard M. Vaillancourt Gerald A. Brown Daniel S. Braese,Esq. A DRAFT MINUTES Tuesday, October 11,2011 at 7:30 p.m. Senior Center, 120R Main Street, North Andover, Massachusetts Members present: Albert Manzi,Ellen McIntyre,Richard Byers,Daniel S. Braese and Richard Vaillancourt Associate Member: Michael Liporto Also in attendance: Building Inspector, Gerald Brown Manzi called the meeting to order at 7:32 a) Pledge of Allegiance APPROVAL OF MINUTES September 13, 2011 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, Richard Vaillancourt, Daniel Braese and Michael P. Liporto. All were in favor COMMITTEE REPORTS Housing Partnership Report,McIntyre stated that they still have not met, so she does not have anything new to report. Approval of the 2012 ZBA schedule McIntyre made a motion to approve the 2012 ZBA Schedule. Vaillancourt second the motion. Those voting in favor to approve the 2012 ZBA Schedule were Albeit Manzi,Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Daniel S. Braese. 5-0 Continued Public Hearin Manzi stated that he will go out of order and go to the 336 Chestnut Street hearing. Variance (1) R-3 Zoning District Joseph and Martha Caporale 336 Chestnut Street(Map 98C, Parcel 106). Manzi stated that Joseph Caporale's lawyer, Peter Caruso could not attend the meeting because of a prior commitment. Page 1 of 7 October 11, 2011 Town of North Andover ZONING BOARD OF APPEALS NORTH Albert P. Manzi III,Esq. Chairman �o ,�,6D '. a- Associate Member Ellen A McIntyre, Vice-Chairman % Michael P.Liporto Richard Byers,Esq. Clerk Zoning Enforcement Officer J Richard M. Vaillancourt Gerald A. Brown Daniel S.Braese,Esq. �9ssATEO He asked Caporale if that was okay with his lawyer not attending tonight's meeting. Caporale said that he was fine with that. Manzi talked of the posted site visit that took place on 336 Chestnut Street on Wednesday, October 5t'', 2011. Manzi mentioned that he, as well as McIntyre,Byers and Brown went on the site visit. Peter Caruso, attorney for the Caporal's and Joseph Caporale were also present at the site visit. Vaillancourt said that he drove by to view this property on a different date. Manzi asked Caporale if he had anything new to add,he said that he did not. Manzi then asked if anyone was here that opposed the project. Atty. Andrew Caffney Jr. walked over to the podium. Caffney stated that he is representing Kevin Galizio, of 326 Chestnut Street. Caffney stated that he sees no hardship here and there is no need for the Caporale's to go for a Variance. If they want a bigger home,they can buy a bigger home. Caffney stated if the proposed project was brought over 4 or 5 feet it would be in compliance, and they would not need a Variance. Caffney also mentioned that this encroachment will take away the privacy and space of the Galizio's. Manzi asked Atty. Caffney to file with the secretary that he is representing the Galizio's. Manzi then read a letter of Support from an abutter, Steven Sigel of 352 Chestnut Street, dated September 11th 2011. The content of the letter was in full support of the project and felt that this addition as designed will enhance the curb appeal and increase the property value on that stretch of Chestnut Street. Manzi wanted this letter to be in the file. Manzi asked if anyone else was present for or against this project. Byers stated that this proposed project looks much better than if they moved the proposed structure 4 or 5 feet, as Atty. Caffney suggested. Vaillancourt agreed with Byers and stated it looks much better to put the proposed addition to the side. Atty. Caffney disagreed and stated that there is no hardship and that they can make the addition smaller or move this proposed addition to another spot. Manzi asked if the board wanted to continue or close the public hearing. Manzi stated he is much more comfortable with the site after viewing it. Manzi stated that Braese is up to date on all the evidence from the Board of Appeals meeting in September. Braese signed the affidavit to recertify him, and to also allow him to vote on this public hearing as well as the other public hearings that were presented at the September Board of Appeals meeting. Page 2 of 7 October 11, 2011 Town of North Andover ZONING BOARD OF APPEALS V%ORTH Albert P.Manzi III,Esq. Chairman ,lo ,,- 0 Associate Member Ellen P.McIntyre, Vice-Chairman Michael P.Liporto Richard J Byers,Esq. Clerk Zoning Enforcement Officer RichardM Vaillancourt no . ,p Gerald A. Brown Daniel S. Braese,Esq. 0 S CHU Vaillancourt made a motion to close the public hearing. Braese second the motion to close the public hearing. Those voting in favor to close the public hearing were Albeit Manzi,Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Daniel S. Braese. 5-0 Vaillancourt made a motion to Grant the Variance from section 7, (Dimensional Requirements) and Table 2 of the Zoning Bylaws for a side setback of 3.2 feet. Vaillancourt referenced all the plans in front of him. McIntyre second the motion. All in favor to Grant the Variance: Braese,Vaillancourt, Byers, McIntyre, and Manzi. 5-0 Manzi stated that we will move on to the next continued public hearing, 102 Peters Street. Manzi recused himself from this hearing. McIntyre was now the Acting Vice-Chairman. Special Permit(1) and Variances (3) B-4 Zoning District, Dundee Properties LLC, 102 Peters Street (Map 24,Parcel 21) Atty. Dom Scalise walked over to the podium stating that he is representing his client, Dundee Properties LLC. Scalise stated that the Manager for the property, Jeffery Shaheen and the Engineer, William MacLeod are also here to explain and answer any questions. Scalise talked of the location of the property and that it is near Route 114,he also talked of the area and types of business in the area. Scalise also stated that there are also 4 homes in this area. He also mentioned that the area changed a number of years ago from a Residential Zone to a Business Zone (B-4). Scalise said what we have now is a structure in a nonconforming area. What the applicants wants to do is to knock down the existing building and to construct a one story commercial building. Scalise also discussed the Variances that were needed, since it did not meet the left, right and rear setbacks. Scalise stated that they have already gone in front of the Planning Board and Conservation during the summer. Scalise talked of the type of building proposed and the kind of businesses that they hoped to occupy the building. Scalise stated that the proposed building meets lot coverage. Page 3 of 7 October 11, 2011 Town of orth Andover ZONING BOARD OF APPEALS tk0R"r#J Albert P. Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J Byers,Esq. Clerk y Zoning Enforcement Officer Richard M. Vaillancourt Gerald A. Bro►vn Daniel S. Braese,Esq. 0'V g�C.o , HU Byers mentioned how attractive this proposed building was, and that it was a shame to have the cars park in the front. But Macleod stated that if they put the parking in the back it would propose some issues. He stated that landscaping would be done as well. With that explanation from Macleod,McIntyre and Byers now understood why the parking needed to be in the front. McIntyre felt that Scalise was asking for a lot of Variances. Scalise stated that this structure fits the area nicely. He also stated that many of the abutters were in favor of this petition and felt it would be a welcome improvement to the area. Byers wanted to know if any easements had been discussed to get to this road. Scalise stated that he did not think so. Scalise passed around an aerial shot of the area as well as four pictures of the existing home and one showing the property surrounding the structure. Vaillancourt asked of any kind of signage would be needed, Scalise stated at some point,yes. Byers thought that this was a vast improvement over what is on the property now. Liporto asked of the attic area, and if anyone would occupy that space. Scalise stated it would be used as an attic for storage; also it does provide some light, and adds a nice feature to the front of the building. Gerald Brown, Building Inspector walked over to the podium and reported that this existing structure is not safe, and in his opinion needs to come down, since it is beyond repair. This is a worthwhile proposal. The Building Department is in full favor of this project and it is a nice looking building as well. Scalise stated when they went in front of the Planning Board it was 2 stories,but since then they changed it to a one story. The Board as well as, Scalise and Brown talked of the usage and type of tenants that could possibly occupy this office building. Byers read a letter from the owner of the property; Eleanor M. Fishbein dated July 6, 2011 giving authority to obtain the necessary permits to construct an office on this property. McIntyre asked if anyone had any comments or questions. Page 4 of 7 October 11, 2011 Town of North Andover ZONING BOARD OF APPEALS t%ORTFI Albert P. Manzi III,Esq. Chairman *"' 6,4"1 16 0 0 "s - Associate Member %, , ". X -t - - " Ellen P.McIntyre, Vice-Chairman 0 W- Michael P.Liporto Richard J Byers,Esq. Clerk Zoning Enforcement Officer Richard M. Vaillancourt I 0-1---1 4 Gerald A. Brown Daniel S. Braese,Esq. SS�Tfi.' ' S Vaillancourt made a motion to close the public hearing. Byers second the motion to close the hearing. All were in favor, Braese,Vaillancourt, Byers,McIntyre and Liporto 5_0 Byers made a motion to grant the Special permit, to demolish the existing structure and to build a one story commercial building. Byers referenced all the plans in front of him. Vaillancourt second the motion. All were in favor to grant the Special Permit; Braese,Vaillancourt, Byers, McIntyre and Liporto. 5-0 As the Board was in the process of Granting the Variance, McIntyre felt that more information needed to be submitted into the Legal Notice. Mcintyre wanted the applicant to resubmit the Legal Notice back into the newspaper, to reference 7.2 for e Variance. The Board talked of the proper way to do this. The Board decided to reopen the public hearing. Vaillancourt made a motion to re-open the public hearing Braese second the motion. All were in favor to reopen the public hearing,Braese, Vaillancourt, Byers,McIntyre and Liporto. 5-0 McIntyre announced a 5 minute recess. After the recess Manzi returned back to the room as Chairman. Manzi moved onto the last item on the agenda. Special Permit(1) and Variance (1) R-I Zoning District,Ismail Erhan 350 Great Pond Road (Map37A,Parcel 5) Christensen and Balk-Lis were back again representing their client, Ismail Erhan. Manzi talked of the recent posted site visit at 350 Great Pond Road on Wednesday, October 5th, 2011. He met with Brown, McIntyre, Christensen,Balkus and Judy Tymon,Town Planner. Manzi asked of the square footage of the home,the elevations, along with the roofline to Christensen. Page 5 of 7 October 11, 2011 Town of North Andover ZONING BOARD OF APPEALS NORTH Albert P.Manzi 111,Esq. Chairman ° ` `eD �bo Associate Member Ellen P.McIntyre, Vice-Chairman Michael P.Liporto Richard J. Byers,Esq. Cleric Zoning Enforcement Officer Richard M. Vaillancourt '^a ^° Gerald A. Brown Daniel S. Braese,Esq. ��a'V ^T'°'` � s CHUS�i Christensen talked of the existing home,the proposed home, along with the garage, perimeter, attic and foundation of the proposed home. The Board questioned if they planned on using the foundation, or part of the foundation from the exiting structure. Balkus walked to the podium and talked of the design of the home and that it was an English design. He also pointed to the area on the plan that they did not want to disturb. Balkus talked of the steep grade and rises and knolls on the lot. Balkus also talked of the trees, driveway, clearings,the ledge, the back of the home and front of the home. Manzi asked of the landscaping. Balkus stated that they plan on saving many of the trees. Christensen stated that because of the construction of a new home they need approval from this Board and also because the lot is a non-conforming lot. Liporto asked of the foundation and if it would be a total teardown. The plan was to tear down the foundation wall. Manzi was wondering why they would not use the same foundation. Brown stated that during the days when the house was being built over 50 years ago, a building code like we have today was not in place. Manzi asked to read Lisa Egleston's findings. Manzi wanted the Board to know that Egleston, is the peer reviewer in storm water concerns. Christensen did not have a report from Egleston. Manzi stated that they may want to go over the plans with the Building Inspector. If the plans are different then it will be a different petition. Such as, if they pull out the foundation or use the same foundation. If they do not use any of the foundation they will need to go for a Variance. Brown stated that if they use a portion of the foundation it will be okay. Christensen will sit with Brown and possible make some modifications, Christensen stated that he wants to keep the hearing open. Vaillancourt made a motion to continue Byers second the motion. All were in favor to continue the public hearing; Braese, Vaillancourt,Byers,McIntyre and Manzi. 5-0 Page 6 of 7 October 11, 2011 Town of North Andover ZONING BOARD OF APPEALS %40RTM Albert P. Manzi Ill,Esq. Chairman }�'�,�,go "V Associate Member 4' ` L Ellen P.McIntyre, Vice-Chairman o Michael P.Liporto Rlchlli-d J. Byers,Esq. Clerk Zoning Enforcement Officer Richard M. Vaillancourt ,.'* Gerald A. Brown Daniel S.Braese,Esq. 30 4�Tea �C� S HCNUS Miscellaneous Correspondence Manzi briefly discussed the 3 separate correspondences that were in the Board's packages. Adjournment: 9:20 Byers made a motion to Adjourn. Braese, second the motion. Those in favor to adjourn the meeting: Manzi, McIntyre, Byers,Vaillancourt, and Braese. 5-a Page 7 of 7 October 11, 2011