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HomeMy WebLinkAbout04.09.2013 Town of North Andover /-0 V/C�� ZONING BOARD OF APPEALS 4/9 A/ %40RTH // 1-3 Albert A Manzi III, Esq. Chairman "90 6 Associate Member V Ellen A McIntyre, Vice-Chairman : Michael A Liporto Richard J Byers,Esq. Clerk Deney Morganthal D. Paul Koch Jr. Esq. DongLudgin Allan Cuscia Zoning Enforcement Officer AC US Gerald A. Brown DRAFT MINUTES Tuesday,April 9,2013 at 7:30 PM Senior Center 120R Main Street,North Andover,Massachusetts Members present: Esq., Ellen McIntyre,Richard Byers D. Paul Koch Jr., Esq., and Allan Cuscia Associate Member: Michael Liporto, and Deney Morganthal Also in attendance: Zoning Enforcement Officer, Gerald Brown Excused Absence: Albert Manzi 111, and Doug Ludgin McIntyre was the acting Chairperson tonight and called the meeting to order at 7:40 Pledge of Allegiance Acceptance of Minutes for March 12,2013 Cuscia made the motion to approve the Minutes Koch Second the motion. Those voting in favor to approve the minutes were McIntyre, Koch, Cuscia and Morganthal. 4-0 Byers abstained from this vote to approve the minutes for March 12, 2013, since he did not attend that meeting Committee Report Housing Partnership Report McIntyre had nothing to report on the Housing Partnership Report Committee Report Merrimack Valley Planning Commission Report Byers stated that included in the Board's packets was the MVPC 2012 Annual Report. He asked the board to take a look at this report. Byers wanted the board to know that many good things are going on with the MVPC. McIntyre stated that 50 Martin Ave will be continued till May 7 th New Public Hearin Variance R-1, Marguerite and Anthony Sciuto, 0 Great Pond Road (Map 35 Parcel 38) Phil Christiansen walked up to the podium and stated that he is representing his clients Marguerite and Anthony Sciuto. He stated that Marguerite and Anthony Sciuto purchased an empty lot across from the lake. Page I of 3 April 9, 2013 Town of North Andover ZONING BOARD OF APPEALS %AOR'rol Albert P.Manzi III,Esq. Chairman 0 Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael A Liporto Richard J Byers,Esq. Clerk Deney Morganthal D.Paul Koch Jr.Esq. Doug Ludgin Allan Cuscia Zoning Enforcement Officer C1"4U Gerald A.Brown They are requesting a Variance under Section 4.136 (Watershed Protection District). This is an empty lot and they propose to construct a new single family home in the non disturbance buffer zone of the Watershed Protection District. Christiansen talked of the size, shape and sloping of the lot. The proposed house is within the no build zone (Non-disturbance Zone) and they are proposing to place this house on the part of the lot where there is no slope to the land. Christiansen explained to the board both the proposed and alternative plans of the house location. Christiansen pointed out to the Board because of the topography of the land the best location for the proposed house is within the Non-Disturbance Zone of the Watershed Protection District. Christiansen stated to the board that the construction of this proposed house on this location shown on the plan will disturb less area within the watershed and offers less of a potential for problems during construction than the alternative of building outside of the Non-Disturbance Zone. Christiansen went on to say that by building the home in this proposed location would require less clearing (land disturbance) of 21,000 square feet as opposed to the alternative plan that would require 37,000 square feet of land clearing. Christiansen stated that they have water and sewerage on the street. He told the Board if they were to build on the steeper part of the lot it would make for a very steep and much longer driveway. Christiansen stated they would also occupy and disturb more of the land if they were to build on this steeper pal t of the lot. Christiansen stated that they will be going to Planning and Conservation regarding this project. McIntyre asked if this was part of a development, Christiansen replied that it was not. Joel Gagnon, architect for the project walked up to the podium to discuss with the board the materials that will be used to construct the proposed house as well as the colors, size and type of house. Gagnon talked of the grading of the garage and types of siding. He also talked of how the house would look from the street. McIntyre asked of the square footage of the proposed house, Gagnon responded, saying that the main level will be about 3,200 square feet and that it will also include the room above the garage. Gagnon went on to say, if they finish the guest room down below it will add about 700 more square feet. He stated that the entire attic will be unfinished. Cuscia questioned Gagnon of the proposed bathroom to be located above the garage. Cuscia then asked Gagnon if he had any concerns of pipes freezing with the bathroom located above a garage. Gagnon stated that he has done this in the past without any issues. Page 2 of 3 April 9, 2013 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman aT� a Associate Member Ellen A McIntyre, Vice-Chairman v Michael P.Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paul Koch Jr Esq. "no ,.° Dong Ludgin Allan Cuscia p^r.o �� on Zing Enforcement Officer S C"uS e Gerald A.Brown Anthony Scuito,the owner of the lot and applicant for the project walked up to the podium and stated that he just sold his home on Copley Circle in North Andover and just recently purchased this lot on Great Pond Road and would like to build a home there, they like North Andover and want to stay here. Scuito stated right now they are living in an apartment. McIntyre asked if the Board had any questions. Byers asked Christiansen about the runoff and infiltrators of the land and that he can see from the plans and drawings that they will be controlling the flow of water and that the Planning Board will look at this as well. Christiansen agreed with Byers. McIntyre asked if anyone was here for or against the project, no one came forward. Cuscia made a motion to close the hearing Byers second the motion Those voting in favor to close the hearing were McIntyre, Byers, Koch, Cuscia and Morganthal. 5-0 Byers made a motion to Grant the Variance for 0 Great Pond Road (Map 35 Parcel 38) under Section 4.136(Watershed Protection Division), 3 (Uses and Building Requirements), c. ii(3) (Non-Disturbance Buffer Zone), of the Zoning Bylaws to construct a new single family home in a non-disturbance buffer zone of the Watershed Protection District Byers referenced all the plans, deed, drawings and appropriate dates in front of him. Cuscia second the motion to Grant the Variance. Those voting in favor to grant the Variance were McIntyre, Byers, Koch, Cuscia and Morganthal. 5-0 Miscellaneous Correspondences McIntyre referenced the letter dated March 7, 2013 from Tom Urbelis referencing Comprehensive Permits that was submitted into the board's packets. Adjournment: 7:58 Byers made a motion to adjourn the meeting Koch second the motion All were in favor to adjourn the meeting McIntyre, Byers, Koch, Cuscia and Morganthal. 5-0 Page 3 of 3 April 9, 2013