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HomeMy WebLinkAbout12.13.11 Town of orth Andover �a 1u) 10 ZONING BOARD OFAPPEALS 1 9­4 %AORTH Albert A Manzi III,Esq. Chairman 0 Associate Member Ellen A McIntyre, Vice-Chairman 0 Michael A Liporto Richard J.Byers,Esq. Clerk Richard M. Vaillancourt Zoning Enforcement Officer D. Paul Koch Jr. CHUS Gerald A.Brown DRAFT MINUTES Tuesday, December 13,2011 at 7:30 p.m. Town Hall 120 Main Street,North Andover, Massachusetts Members present: Albert Manzi,Ellen McIntyre,Richard Byers, and Richard Vaillancourt and D. Paul Koch Jr. Associate Member: Michael Liporto Also in attendance: Building Inspector, Gerald Brown Manzi called the meeting to order at 7:39 a) Pledge of Allegiance APPROVAL OF MINUTES November 8, 2011 McIntyre made a motion to approve minutes as written. Byers second the motion. Those voting in favor to approve the minutes were Albert Manzi, Ellen McIntyre,Richard Byers, Richard Vaillancourt,Michael P. Liporto and D. Paul Koch Jr. All were in favor Continued Public Hearings Housing Partnership Report,McIntyre stated that the committee will not meet until January, so she will not have a report until then. Report from Board on the two site visits on December 9th for Stevens Corner and Orchard Village Manzi talked of those that were present at the site visits. Manzi praised both of these projects. Vaillancourt was sympathetic to the water damage that occurred from the sprinklers at a certain section of Stevens's Comer project and that it was a set back for the project,but they are working on it. The Board all agreed that they were pleased with both projects. Manzi moved down to Miscellaneous Correspondences on the agenda and discussed briefly the correspondences that were submitted in the Board's packages. Manzi also congratulated Koch on his appointment as a full member to the Board. Manzi also talked of the response from Tom Urbelis on Repetitive Petitions. Manzi then spoke of the letter he received from Ismail Erhan from 350 Great Pond Road. This applicant was denied his Special Permit and Variance, since he did not receive the correct amount of votes and his petition was denied. Page I of 6 December 13, 2011 Town of North Andover ZONING BOARD OF APPEALS 00RT#1 Albert P. Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J Byers,Esq. Clerk * Richard M. Vaillancourt Zoning Enforcement Officer D.Paul Koch Jr. 47 Gerald A. Brown CHUS Manzi stated that they can comment at the next meeting regarding the correspondence sent from the Town Clerk's Office, Proposed Amendment to 940 CMR 29.00. New Public Hearin Special Permit and Variance,R-1 Zoning District,Andre and Kathleen Farah, 1116 Salem Street (Map 106A, Parcel 45) Andre Farah, owner and applicant walked over to the podium and stated that in 2003 he was in front of the Board of Appeals with this exact proposed addition that was approved in 2003. But Farah stated that they did not act on it because of various unforeseen circumstances. Brown pulled out the 1116 Salem Street Decision from 2003, from the Zoning Assistance file and read aloud portions of that decision and also the outcome. Brown stated that those who voted in favor of this 2003 Decision at that time were; Walter Soule, John M. Pallone, Joseph LaGrasse, Joe Edward Smith. Those voting against were Ellen McIntyre. Manzi then talked of the abutters for 1135 Salem Street and that a transfer of ownership on that property had taken place and that the new owner's names did not appear on the assessors' list. Manzi was concerned the new owners were not notified of this petition. Manzi asked the Zoning Assistant to make sure they get a notice of this proposed addition for 1116 Salem Street. Manzi also wanted it to be noted that the previous owner of 1135 Salem Street is here tonight on another petition (unrelated). Manzi stated that the previous owner wrote up a note for the 1135 Salem Street folder, stating that they no longer own that property. Farah talked of the house and the lot as it exists today, as well as the amount of rooms, bedrooms, and bathrooms. Manzi asked if dimensions and size were the same as the original 2003 proposal. Farah stated that everything is the same as the original proposed addition from 2003. The letter submitted from the Health Department was discussed. The letter was dated November 16, 2011. They did not object to this proposed petition, the letter approved the concept. According to the Health Department they met the calculations required for septic. Brown stated that The Health Department still will need to sign off on the Form U,before he could give Farah a permit to build this addition. McIntyre had a concern with the size of the shed on the property. Manzi asked Brown how they enforce sheds. Brown stated that if the shed has been there for more than 10 years it is grandfathered in. Brown stated that he really has to take the owners word for it on how long the shed has been there, unless an abutter puts in a complaint of a new shed going up, and that would be the only way he would know. Page 2 of 6 December 13, 2011 Town of North ZONING BOARD OF,4PPEALS tAORTH Albert P.Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J, Byers,Esq. Clerk Richard M. Vaillancourt Zoning Enforcement Officer D.Paul Koch Jr. S Gerald A.Brown S Byers asked what the hardship was, Byers also pointed out that this proposed addition is situated 6.8 feet from the property line. Manzi and McIntyre agreed that it is very close to the property line. Manzi then asked Farah why they ended up not putting the addition on in 2003 when it was approved. Farah stated that between the contractors, the cost of the project, and it was not in align with what they expected it to be. But here he is, back eight years later requesting for the same proposed addition since situations have changed. Koch asked Farah why this addition could not go in the rear of the lot. Farah talked of the leaching fields and the 2 tanks that are in the rear of the house and would be way too close to both if the addition went there. Farah stated that would be his hardship and why he can't put it in the rear. Farah stated that the proposed garage would be tied into his existing kitchen that would flow into the proposed family room(an open concept that flows from the kitchen to the family room). Farah stated that is why he cannot put this proposed addition to the other side of his home, since they need to tie the garage into the existing kitchen. Glen Aspeslagh, of 1132 Salem Street, a direct abutter to Farah walked over to the podium and stated that this new addition would be very close to his property line, and also felt that this proposed addition is not in character with the neighborhood. Aspeslagh wanted to note that there is also a proposed two bedrooms above the proposed 2 stall garage as well as the proposed family room. Aspeslagh stated that he would not object to a smaller addition. Vaillancourt asked Aspeslagh if the elevation of the proposed addition would be higher than the height of the trees. Aspeslagh was not sure, it was hard to say. Aspeslagh also commented that his own home was historic, and was well over 210 years old. Manzi stated that he appreciates Aspeslagh comments. Manzi stated that he would like to drive by the 1116 Salem Street property, so he could have a better understanding of this project, and he also encouraged the Board to do the same. McIntyre stated to Farah that he should think of exploring other options. Farah stated that he did, and that it makes more sense to do it this way. McIntyre then suggested to Farah,that he should think of ways to minimize his setbacks. Vaillancourt understands the petitioner's need, but he has standards to listen to the concerns of the abutters, especially the ones that are directly affected. The abutters have the right to defend their property Page 3 of 6 December 13, 2011 Town of North Andover ZONING BOARD OF APPEALS %40RTH Albert P.Manzi III,Esq. Chairman as"a. '. - Associate Member Ellen P.McIntyre,Vice-Chairman 0 Z i Z v- 0 Michael P.Liporto MloRichard J. Byers,Esq. Clerk Richard M. Vaillancourt Zoning Enforcement Officer D. Paul Koch Jr. '*'Argo Gerald A. Brown S CH line. Vaillancourt suggested that maybe he can work with his neighbor and come to an agreement that will work for the both of them. Aspeslagh returned back to the podium a second time, and stated that he spends lots of time outdoors, and that it is going to change the character of his property line. Byers made a motion to close the public hearing. Vaillancourt second the motion. All were in favor to close the public hearing: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and D. Paul K-och Jr. 5-0 Manzi recused himself from this next continued public hearing, for 26 Dartmouth Street and turned the gavel over to McIntyre. Continued Public Hearin Special Permit and Variance,R-4 Zoning District,Doug Ahern (Jeffco INC.),26 Dartmouth Street (Map 23,Parcel 55) Scalise walked over to the podium and brought the Board up to speed on what took place at the last hearing. Scalise stated that his client, Doug Ahern (Jeffco INC.)wants to add another unit to the existing house. Scalise stated that a new plan was submitted to the Board. Scalise also talked of the percentages and increase to the proposed home. Scalise submitted a number of pictures, labeled 1, 2, 3, 3A, and 4 to the Board, of the property, and neighborhood, as well as other homes Ahern had build that will be similar to the proposed unit he plans on building. Scalise stated that Steve Stapinski is here to address water issue and how it will be taken care of. Byers asked Ahern if this project is a condo or a condex. Ahern answered condex. Steve Stapinski, from Merrimack Engineering walked over to the podium to address to the Board how they would collect the water runoff to the abutters. We need to rehabilitate the water flow. Stapinski stated that this can be done with gutters and an infiltration system. Stapinski also talked of how the back of the lot would be flattened out. He talked of chambers and gutters on this property and how it would help the water issues. Stapinski stated right now there is no control with the water flow, with this plan it will be controlled. Page 4 of 6 December 13, 2011 Town of North Andover ZONING BOARD OFAPPEALS t%0RT#1 Albert P. Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre,Vice-Chairman to Michael P. Liporto Richard J. Byers,Esq. Clerk Vaillancourt Richard M. Vi Zoning Enforcement Officer D.Paul Koch Jr. GeraldA. Brown ACHUS Bryan Long, an abutter who lives at 134 Cotuit Street walked over to the podium and had questions for Stapinski on the chambers and how they would work. He also had concerns that the gutters would remain on the house in years to come. Also Long had concerns with the foundation and if that would help the water issue. Stapinski walked back to the podium to address these concerns. He talked of the chambers and stated that these chambers will not rust, and they would have stones for drainage. They will also elevate the chambers based on the water table. Conservation Commission would have an order of Conditions to require them to keep the gutters on the house for as long as the homes at 26 Dartmouth Street existed. Stapinski stated that the Infiltration system would take care of the roof runoff. Stapinski stated that this project still needs to go in front of Conservation. The Board discussed the gutters,infiltration system and water runoff at length asking questions to Stapinski. Brown stated what Stapinski is doing to collect the roof water run off and water issues makes sense and is a positive thing. Vaillancourt made a motion to close the public hearing Byers second the motion All were in favor to close the public hearing: Ellen McIntyre, Richard Byers,Richard Vaillancourt D. Paul Koch Jr. and Michael Liporto. 5-0 Vaillancourt made a motion to Grant the Special Permit from Sections 4.122 and 4.122.14.13 and 4.122.14 and Section 10.3 and Table 2 for an existing single family home,to be converted and constructed into a two family. Vaillancourt referenced all the plans in front of him along with the dates. With the following conditions: I.-That the gutters are maintained in good working order per manufacture's specifications for the life of the Condex Units. 2.-Infiltration system maintained per manufacture's specifications for the life of the Condex Units. 3.-Maintanance on these items as designed should be written into documentation of the Condex Units. Byers second the motion All were in favor to approve the Special Permit: Ellen McIntyre,Richard Byers, Richard Vaillancourt, D. Paul Koch Jr., and Michael Liporto. 5-0 Page 5 of 6 December 13, 2011 Town of North Andover ZONING BOARD OF APPEALS t%ORTOI Albert P. Manzi III,Esq. Chairman Associate Member Ellen A McIntyre, Vice-Chairman 0 MichaelP. Liporto Richard J Byers,Esq. Clerk it X. Richard M. Vaillancourt Zoning Enforcement Officer t. '44 . * D.Paul Koch Jr. ..-rd .. Gerald A. Brown Ss CH Vaillancourt made a motion to Grant a Variance from Sections 4.122.13.2 and Section 10.4 for increase in floor area that is greater than 50% for an existing single family home,to be converted and constructed into a two family. Vaillancourt referenced all the plans in front of him along with the dates. With the following conditions: I.-That the gutters are maintained in good working order per manufacture's specifications for the life of the Condex Units. 2.-Infiltration system maintained per manufacture's specifications for the life of the Condex Units. 3.-Maintanance on these items as designed should be written into documentation of the Condex units. Byers second the motion All were in favor to approve the Variance: Ellen McIntyre, Richard Byers, Richard Vaillancourt, D. Paul Koch Jr., and Michael Liporto. 5-0 Byers made a motion to adjourn Vaillancourt second the motion Those in favor to adjourn the meeting: McIntyre, Byers, Vaillancourt, Liporto and Koch 5-0 Adjournment: 9:12 Page 6 of 6 December 13, 2011