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HomeMy WebLinkAbout03.13.12 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P.Manzi III,Esq. Chairman .J,,9D I, Associate Member 0 Ellen P.McIntyre, Vice-Chairman to Michael P.Liporto -S Richard Byers,Esq. Clerk Tyler peck Richard M. Vaillancourt Zoning Enforcement Officer D.Paid Koch Jr. GeraldA.Brown S US DRAFT MINUTES Tuesday,March 13,2012 at 7:30 p.m. Town Hall 120 Main Street, North Andover,Massachusetts Members present: Albert Manzi III (arrived at 7:48),Ellen McIntyre,Richard Byers, and Richard Vaillancourt and D. Paul Koch Jr. Associate Member: Tyler Speck Also in attendance: Building Inspector: Brian Leathe Excused absence: Michael Liporto McIntyre called the meeting to order at 7:36 Pledge of Allegiance McIntyre is the acting Chairman until Manzi arrives. Discussion 24 Main Street, Rear Lot,LLC.-Ellen McIntyre McIntyre stated that the February Minutes are in this month's package, but McIntyre stated that before she gets to that, she wanted to make a correction/amendment to the incorrect verbiage that was stated during the February meeting regarding Rear Lot, LLC,24 Main Street (Map 28,Parcel 14). Mcintyre stated that Rear Lot,LLC, 24 Main Street (Map 28, Parcel 14)was just for discussion and should have never been referenced as a Public Hearing. This was not a Public Hearing, but only a discussion during a regular schedule meeting. McIntyre wanted this correction/amendment to be reflected in the February Minutes. Byers mentioned that we only needed to vote on granting the Modification of the Decision for Rear Lot, LLC. McIntyre agreed with Byers,that only the Modification needed to be voted on. McIntyre also asked the members to look at the signed, and Time Stamped Decision, regarding 24 Main Street that was included in their packages. The first line of the Decision reflects that it was not a Public Hearing, but a discussion during a regular scheduled meeting. McIntyre stated that we will not vote on the February Minutes until this correction/amendment is reflected in the February minutes. Page 1 of 4 March 13,2012 Town of North Andover ZONING BOARD OF APPEALS VkORTH Albert P.Manzi III,Esq. Chairm an "'e. '. Associate Member 6 0 Ellen P.McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J Byers,Esq. Clerk Tyler Speck Richard M. Vaillancourt Zoning Enforcement Officer D. Paul Koch Jr. #Arm Gerald A. Brown ACHUS Committee Report Housing Partnership Report,McIntyre stated that the committee did not meet, and she has nothing to report this month. Miscellaneous Correspondence Two of the mailed correspondences in the Board's packages were discussed briefly by McIntyre and the Board Members. The first letter discussed was regarding the"Wireless Facilities", sent from Town Council, Thomas Urbelis (time stamped February 29,2012). The second letter was a"Notice of Mortgagee's Continued Foreclosure Sale', sent from the law offices of Doonan, Graves and Longoria, LLC (time stamped February 24, 2012). McIntyre requested a 10 minute recess until Manzi arrived. Manzi arrived at 7:48. McIntyre turned the gavel over to Manzi. Manzi stated that McIntyre covered everything on the agenda,but not the New Public Hearing. New Public Hearings Variance (1) R-1 Zoning District,David and Corliss Paolino, 0 Great Pond Road (Map 103 Parcel 128). Jack Sullivan walked over to the podium. Sullivan stated that he is owner of the Sullivan Engineering Group, and he is representing David and Corliss Paolino, of 940 Great Pond Road. Sullivan gave a history of the 4 lots (including the Paolino's home at 940 Great Pond Road)that the Paolinos own on Great Pond Road. Most of these lots were purchased in 1996. The lots were created and registered in 1990. Sullivan stated that one of their daughters expressed interest in one of the lots, and wanted to build a home there. Sullivan showed a plan to the Board members. The lot in question was highlighted in yellow and the wetlands were highlighted in blue. Sullivan also showed the waiver line on the map. Sullivan talked of the lot and stated that this lot is situated on a very bad curve, and for safety reasons this proposed house needs to be set back on the lot, in order to utilize a circular driveway. Sullivan talked of the house plans that were selected, and how the house would need to be pushed back in order to put in circular driveway. Sullivan stated that the house plans were in each of the Board's packages, Sullivan stated that the single family house is proposed to be 3,524 square feet. Page 2 of 4 March 13, 2012 Town of North Andover ZONING BOARD OF APPEALS t%OR*rH Albert P.Manzi III,Esq. Chairman 0 Associate Member Ellen P.McIntyre,Vice-Chairman o Michael P.Liporto Richard J Byers,Esq. Clerk Tyler Speck Richard M. Vaillancourt Zoning Enforcement Officer X D.Paul Koch Jr. 0 79.— Gerald A. Brown C Sullivan went on to say that the reason he is in front of the Board is for a Variance. Sullivan remarked that the lot is conforming in all aspects for this R-1 Zoning District. Sullivan also pointed out that the Assessor's Office marked this lot as a one acre lot, and this is a two acre lot. The Assessor's Office listed it incorrectly. Sullivan stated that the footprint of the home is 2,916 square feet and 1,798 square feet of the footprint is in the buffer zone. Sullivan stated that this lot is no where near the lake. There are no vernal pools or any special habitat just some vegetated wetlands. Sullivan stated that this lot is a registered lot and was created before the Paolino's purchased it in 1996. Koch asked the Paolinos if they were taxed on one or two acres. The Paolino's responded that they were taxed on two acres. Vaillancourt asked Sullivan what he was going to do to protect the wetlands and the lake. Sullivan responded that he hopes to get approval tonight, and when he does he will need to file with the Planning Board and Conservation Commission. Sullivan stated then the Planning Board will take control. Sullivan stated that he will need to develop a design for drainage control,to ensure their will be no increase in runoff, both pre and post. He will also need to do a detailed engineering study. Sullivan stated that they are not building on the wetlands, but they are doing grading within the 100 foot buffer zone and also a small portion of the house is located within the 100 foot buffer zone. That isthe only reason they need to go in front of Conservation Commission. Manzi asked Sullivan to talk of the shape and topography of this lot. Sullivan talked of the slope and the 18 foot drop as well as the wetlands. Sullivan also reiterated again of the safety issue and the curving road and what was needed to make it safe. Sullivan mentioned again to the Board that in order to make a circular driveway the home needed to be pushed further back on the lot. Sullivan stated that one of the neighbors that is not present at tonight's meeting stated to the Paolinos that they liked the idea that the house was set further back, and also liked that the driveway was circular. The neighbor felt it was also safer placing the house back further on the lot, given the dangerous curve on that road, where the lot is located. Manzi talked of the Peer Reviewer for the Stormwater that is typically requested from the Planning Board. Sullivan stated that each of the Boards has their own criteria, such as the Planning Board's responsibility is to protect the lake. Manzi mentioned possibilities of the Board Members going on a site visit. Page 3 of 4 March 13, 2012 Town of North Andover ZONING BOARD OF APPEALS V%O°T� Albert P.Manzi III,Esq. Chairman „�,6 Associate Member Ellen P.McIntyre, Vice-Chairman o Michael P. Liporto Richard J.Byers,Esq. Clerk * * Tyler Speck Richard M. Vaillancourt �a _ ,." Zoning Enforcement Officer D. Paul Koch Jr: y ¢ Gerrdd A. Brown �S CHUS� Manzi then asked if any abutters were here to speak. Marc Rudick, of 1046 Great Pond Road walked over to the podium and had a question to ask. Rudick wanted to know how far the proposed structure would be from his house. Sullivan answered that it was more than 300 feet away. Marc DiSalvo, of 1011 Great Pond Road walked up to the podium and wanted the Board to know that the Paolinos have been very sensitive to all of the abutters during this process. DiSalvo talked of the roadway, and by also pushing back the house it gives a nicer look to the neighborhood and to the lot itself. DiSalvo talked of the curve at the road by the lot, and the safety issue. DiSalvo also mentioned that the way the house is situated on the lot is the best utilization for that portion of the land. Manzi asked if the Board was satisfied with all the information they heard as well as all the plans and maps in front of them. Manzi also asked if a site visit was needed. The Board was satisfied with all the information they had, and they were all familiar with the area, and felt a site visit was not necessary. Vaillancourt made a motion to close the public hearing McIntyre second the motion. All those in favor to close the hearing: Manzi, McIntyre,Byers,Vaillancourt, and Koch 5-0 Vaillancourt made a motion to Grant a Variance from the Zoning Bylaws under Section 4.136, (Building and Uses Permitted) 3(c) (ii) (3) of the Watershed Protection District Bylaw, for the Construction of a new Permanent Structure within the "Non-Disturbance Zone" Vaillancourt also referenced all the plans and maps in front of him. With the following conditions: That any and all Stormwater correspondences from the Planning Board's Peer Reviewer shall be filed with the Board of Appeals and also with the Inspector of Buildings. Byers second the motion with these Conditions. All those in favor to Grant the Variance with these Conditions: Manzi, McIntyre,Byers, Vaillancourt, and Koch. 5-0 Byers made a motion to adjourn McIntyre Second the motion All those in favor to adjourn: Manzi, McIntyre, Byers, Vaillancourt, and Koch 5-0 Adjournment: 8:36 Page 4 of 4 March 13, 2012