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HomeMy WebLinkAbout09.16.2014 Toi,m of North Andover PP q ZONING BOARD OF APPEALS Albert P. Manzi III,Esq. Chair r Associate Member Ellen P.McIntyre, Vice-Chairman Michael P.Liporto 4"Richard Byers, Esq. Clerk Deney Morganthal D. Paul Koch Jr. Esq. Doug Ludgin Allan Cuscia Argo Zoning Enforcement Officer S US Gerald A. Brown DRAFT MINUTES Tuesday,September 16th,2014 at 7:30 PM Senior Center 120R Main Street,North Andover,Massachusetts Members present: Albert P.Manzi,Rick Byers,D.Paul Koch Jr and Allan Cuscia Associate Member: Doug Ludgin,and Deney Morganthal Also in attendance: Zoning Enforcement Officer, Gerald Brown Excused absence: Ellen McIntyre,and Michael Liporto Pledge of Allegiance Manzi called the regular meeting to order at 7:40 Acceptance of Minutes August 12,2014 Koch made the motion to approve the Minutes Cuscia second the motion. Those voting in favor to approve the minutes were Manzi, Byers, Koch, Cuscia, and Ludgin 5-0 Committee Reports Merrimack Valley Planning Commission and Committee Housing Partnership Manzi stated that McIntyre is not at the tonight's meeting, so we will table her report till the next meeting. Byers stated that the MVPC did not have any meetings over the summer, but they will be meeting this week. Byers spoke of the Citizen Planning Workshop and the various courses that they will be offering. Byers stated that soon brochures will be available and distributed to the Board. Discussion and Review Zoning Board 2015 Meeting Schedule Manzi stated that he would like to table this discussion until the October meeting, since we have excused absences from two of the Board members tonight. Manzi move onto the new public hearing. Byers read the legal notice for 22 Harkaway Road. New Public Hearin For a Special Permit and Variance, Zoning District R-4,Andrew and Eileen Brien, 22 Harkaway Road (Map 95 Parcel 5 1)Petition 2014-007A (Special Permit) and 2014-007 B(Variance) Page 1 of 4 September 16, 2014 Town of North Andover ZONING BOARD OFAPPEALS ORTH Albert A Manzi III,Esq. Chairman t% Associate Member 0 Ellen P.McIntyre, Vice-Chairman Michael A Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paull(oeh Jr. Esq. Doug Ludgin Allan Cuseia A 1.1 Zoning Enforcement Officer S U51 Gerald A. Brown Andrew Brien owner and resident of the property at 22 Harkaway walked up to the podium and stated that he and his wife, Eileen would like to construct an addition of a Sitting Room/Mud Room to their home, that is a duplex (condex). Brien spoke of the neighborhood and the view in the back of his yard, where he plans on adding the proposed addition. The size of the Sitting Room/Mud Room will be 22 feet by 10 feet and will be only a I story addition. Brien stated that it will include a slider with a small deck going into the backyard. The addition will be located at the side/rear of the present structure and will not be any closer than 14 feet. Brien went on to say that in no way would it affect the neighborhood or any abutters,the only infringement would be to an abandoned railroad bed to the rear of the lot line. Brien stated that he and his wife have lived at this residence for 35 years and would like to continue to live there and enjoy their home. Brien went on to say that they both would like to construct this structure for comfort, storage, enjoyment and also for present and future uses. Brien stated that they are seeking permission from the Board to construct this proposed addition and need both a Variance and a Special Permit Brien also mentioned to the Board that they understand that this proposed project would be constructed on a pre-existing, non-conforming structure. Manzi stated that he noticed the Brien's had many abutters. Andrew Brien commented to the Board on the 3 letters of support from the abutters regarding the proposed project. He submitted the following 3 letters to the Board as part of the application 1. Susan and David McEvoy, 20 Harkaway Road, dated September 15, 2014-Exhibit 1 2. Theresa Beaudoin, 26 Harkaway-Exhibit 2 3. Michael Grenier, 32 Harkaway-Exhibit 3 Manzi requested that these letters of support be placed in the file for 22 Harkaway Road for the record. Manzi also mentioned that he does not see any abutters in the audience. Manzi asked if the Board members had any questions. Manzi asked Brown if he had anything to add, Brown stated that the building Department is support of this project. Brown also stated that it will add privacy not just for the Briens's but for abutters as well, since it is not an open deck. Manzi thought it was an easy project to support, given the facts, letters of support, and no opposition. Page 2 of 4 September 16, 2014 Toij,n of North Andover ZONING BOARD OF APPEALS OORTH Albert P. Manzi III,Esq. Chairman 10 ".� - Associate Member 0 Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Patti Koch Jr. Esq. Doug Ludgin Allan Cuscia &S US Zoning Enforcement Officer Gerald A. Brown Koch made a motion to close the public hearing for 22 Harkaway Road for a Special Permit and a Variance Cuscia second the motion All those in favor to close the public hearing; Albeit P. Manzi 111, Richard J. Byers, D. Paul Koch Jr., Allan Cuscia, and Deney Morganthal 5-0 Koch made a motion to Grant Variance (petition 2014-007B) from Table 2 of the Zoning Bylaw for 22 Harkaway Road (Map 95, Parcel 51) to construct a Sitting Room/Mud Room. The Variance is for a rear yard setback, required is 30',proposed is 16', relief is 14' in the R-4 Zoning District. Koch referenced all the drawings,plans, letters and written material that were in front of him along with the associated dates and those that prepared and created the plans and drawings. Byers second the motion All in favor to Grant the Variance; Albert P. Manzi 111, Richard J. Byers, D. Paul Koch Jr., Allan Cuscia, and Deney Morganthal. The motion was unanimously approved and the Variance was granted. 5-0 Koch made a motion to Grant the Special Permit (petition 2014-007A) from Section 9.1 for a pre- existing non-conforming structure of the Zoning Bylaw in the R-4 Zoning District for 22 Harkaway Road (Map 95, Parcel 51)to construct a Sitting Room/Mud Room. The Special Permit is needed for a pre-existing non-conforming structure or uses however may be extended or altered. Koch referenced all the drawings, plans, letters and written material that were in front of him along with the associated dates and those that prepared and created the plans and drawings Byers second the motion All in favor to Grant the Special Permit; Albert P. Manzi 111, Richard J. Byers, D. Paul Koch Jr.,Allan Cuscia, and Deney Morganthal The motion was unanimously approved and the Special Permit was granted. 5-0 Miscellaneous Correspondence Manzi commented briefly on the correspondences that were in the Board's packets. A letter addressed to the Town Clerk, Joyce Bradshaw sent from the Office of Urbelis and Fieldsteel, LLP signed by Carol Hajjar McGravey, dated, August 20, 2014 was submitted into the Board's package. This letter was regarding Street Acceptance Deed and Easements (Empire Drive). Page 3 of 4 September 16, 2014 Town ofNorlh Andover ZONING BOARD OF APPEALS 00RTF1 Albert P. Manzi III,Esq. Chairman Associate Member Ellen A McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paullfoch Jr. Esq. Doug Lndgin Allan Cuscia Zoning Enforcement Officer A US Gerald A. Brown Another letter from CHAPA dated August 22, 2014 was also included into the Board's packet. The letter was signed by Brenda Clement, executive Director of CHAPA. The purpose of this letter is to provide the Zoning Board with an update on the services that CHAPA has provided to date. Adjournment: 7:55 Cuscia made a motion to adjourn. Koch second the motion All were in favor to adjourn the meeting: Manzi, Byers, Koch, Cuscia, Ludgin and Morganthal Page 4 of 4 September 16, 2014