Loading...
HomeMy WebLinkAbout06.23.2015 2bom ' �nuhvo/ � ZONING BOARD OF APPEALS ~ Albert AManzi 181,Esq. Chairman Associate Member Ellen McIntyre, Vice-Chairm4* Michoel P.Liporto ' R�hu�� �e��� Clerk � D��J����� D.'Pam/Koch JnEsq. DmngLadpin ~� A/6ex Cxscim Zoning Enforcement Officer � Qeral/A. Brw)wm � DRAFT MINUTES Tuesday,June%3nW,2015at7:3APM � Town Hall 1%0 Main Street,North Andover,Massachusetts � Members present: Albert f".Manzi,Ellen McIntyre,Rick Byers,Allan Cuxoia and]0.Paul Koch Jr Associate Member: Doug]Lmd 'n,�m�|Numo���wn�umt�uU ~ � Also in attendance: Gerald Brown,Zoning Enforcement Officer,Eric Kfoury,Director of Economic and � Community Development and Tom|Ur6eXiu,Town Counsel Excused absence: MhohueJLiporto Pledge of Allej!ianc Manzi called the regular meeting to order at 7:36 � � Manzi stated that bowill he going out of order tonight and first wanted to discuss some procedural matters as it will relate tn any of tonight's boudogatbu1nuuyhe000tinuod. Manzi went outn say that bu did receive some � oucuznuuioatiou from the 7,ovvo Manager's Office today and wanted to io5oon everyone that Doug Lud&iohas been elevated from an Associate Member to a Regular Member, as of the upcoming August meeting. Manzi went on to say that regrettably we will have 2 Associate Member vacancies, since Rick Byers and Michael Liporto requested not tobo reappointed to the Board. Manzi also stated that be has been reappointed uao Board Member. Manzi wanted it noted that both Byers' and l.ipocb)`uaozviue to this Board has been appreciated. Acceptance of Minutes May 12,2015 McIntyre made the motion to approve the Minutes Cumoiu second the motion. Those voting in favor to approve the minutes were Manzi, McIntyre, Koch, Cuscia, and Ludgin Committee Reports Merrimack Valley Plannin2 Commission and the Housin2 Partnership Committee McIntyre had nothing to report on the Housing Partnership. Byers stated to the Board that the MVPC do not meet in June,July or August, so he has nothing new to report. Since Byers will no longer be a mernber of the ZBA Board, he stated that he will still relate any correspondences to the Board's Assistant. Discussions Requesting for extension at 288 Sutton Street Lots 1,%,3,4 and 5 (Notice mf Decision 2013-006,2013-087,20l3-00N,%013-009 and %@13-010) Manzi and Byers stated that they would recuse themselves from this Discussion. Manzi turned the gavel over to McIntyre,who will be the Acting Chairman for this Discussion. Page l of lnue 23, 20]5 � � � 2oivn ofNorth Anuhvor ZONING BOARD 0yAPPEALS Albert P.Manzi III,EsuChmirmuon t%ORTFI Associate Member Ellen P. McIntyre,Vice-Chairman MichuefP. L^ o�o . � Richari/J Byers, Esq. Clerk 0 Deney Morganthal D. Paul 1(och Jr.Esq. Doug Ludgin Allan Cuscju Zoning Enforcement Officer Gemn/d'4. Brnjve � CH Brian Vaughn representing the applicant walked up to the podium stating that he is here with StevoSmolak,the principle for this project.Vaughn brought the Board up to speed on the history ofthe project. They are requesting � that the Board iu accordance with Section lO.3|.(3) of the Zoning Bylaws 10 grant u one year extension for the � Special Permit. This Special Permit was granted for 28B Sutton Street Lots l through 5 in August of20l3.Now they are coming upnn the 2 year deadline for the Special Permit. Vaughn spoke of the various reasons for the need for the extensions, such as necessary utility work and also � creating access to the subdivision. | Smolak also stated that they have the necessary approvals from Conservation and Planning. McIntyre asked if the Board or anyone else had any questions oroonoumo. Cuscia made a motion to Grant the request for the I year extension for the Special Permits for Lots I through 5, located u1288 Sutton Street. lodgiu second the motion All iu favor to grant the extension for the Special Permit McIntyre, Koch, Couoiu`Ludgio, and Mouoo\bo] New Public Hearin Special Permit Zoning District,R-4,Janet Eichler 11 Tyler Road (Map 33Parcel 7) Petition 2015-004 Manzi returned to Chair the rest of the meeting. � Rick Byers opened up the Public Hearing Janet Eichler,applicant and owner of the property located at I I Tyler Road walked up to the podium and stated � that she iorequesting a Special Permit to the Board,to allow for her to have a Family Suite that would be attached to her home at I I Tyler Road. She would like her parent's or possible her adult son to occupy the proposed Family Suite. � McIntyre asked Brown if they are violating any setbacks or non-conformities with the addition. Brown responded no. Manzi thought d looked like o straight forward application. Koch had concerns with the size of the addition,for the family suite, since he felt that it may be over the 25% of the gross floor area,Koch stated that would buin violation ofthe Zoning Bylaws. Brown disagreed stating that ifh `pus, it is just o very diminutive difference. The Board discussed this in detail, some of the Board members agreed with Brown and some agreed with Koch. Brown stated that Eichler could build this addition withjust a Building Permit; she just needs\o come tu the Board for the Special Permit for the Family Suite, Ludgin agreed with Brown's statement. Page 2of7 June 23, 20l5 / Toxn qfNorth Andover ZONING BOARD 0F APPEALS Albert P.Manzi III,Esq. Chairman t%ORTH Associate Member Ellen P.McImApx4Vixe-C&mirmuao Michmo/P..K' umb Richard Bnevs'Esa Clerk 0 Dome»Movguai8u/ � ^� � � ��u��a�� �myKoch Jr. Es Allan Cum«jm Zoning Enforcement Officer / Gera/d'4. Brown CHU5� � Manzi wanted to discuss with the Board the merits ofthiy, "'od. � � Manzi asked if anyone iu the audience was for or against this Family Suite. No one from the audience got uptn speak. � � Manzi stated to the Board that they may buable to CUre this size issue, i[they feel that this iudiminutive in size. Cuscia felt that because the original house is small,the applicant should not be punished,LbeoauumtbouppUount may bea bit over the 25Y6. Cuscia agreed with Brown that the applicant could go into the Building Department and get a Building Permit for the addition; she wouldn't even have to come in front of us if she didn't add a stove. Brown felt that some uf the Board members may bu over interpreting the bylaws. Brown stated that the applicant io trying|odo the right and legal thing to get u Special Permit for u Family Suite. McIntyre stated she could come back tooa requesting nVariance. The Board explained to Eichler the rules and regulations that go along with this Special Permit, and also when the borne is sold that the Pumi|v Suite Special punnit goes away. Manzi stated that parking does not seem to be a problem and the proposed addition and project{ltainv/dbthu neighborhood. Manzi explained to Eichler the Family Suite rules and regulations. Manzi explained to Eichler how the voting process goes, in order for her to have her Special Permit granted. Manzi also asked her if she wanted the Board to vote, or did she want this hearing continued. Eichler responded she wanted thoBoun]tovotm. Byers made u motion 10 close the Hearing. Comoiu second the motion All in favor to close the hearing:Manzi,McIntyre, Byers,Koch, and Cuscia. 5-O Byers made o motion to Grant the Special Permit to allow and construct u family suite utl1Tvl�rIloud,fbrJuuot � ' � Eichler iu the Q-4 Zoning District from 4.]2222ofthe Zoning hv laws. Byers referenced all the plans,pages and � maps that were in front ofhim, along with the associated dates and also those who prepared the documents. Cuucio second the motion � All were io favor Lo grant the Special Permit: Manzi,Byers, and Cuoxiu" � Not in favor: McIntyre and Koch 3-2 denied Manzi suggested to the applicant that she has the right to ask the Board to reconsider the motion. � ]uuct Eichler wanted the Board to reconsider the noo1b»o � � Page 3of7 June 23, 2Ul5 � � � 7miv ofNorth Andover � ZONING BOARD (}F APPEALS Albert P.Manzi 111,Esq. Chairman AORTil Associate Member Ellen P.McIntyre, Vice-C&airmouu Micham/P. L' mm0 � Richard J. Byers,Esq. Clerk 0 Deney Morganthal D.Paul Koch JoEs@ J0*ug&adgio A/6xm Cusc/o Zoning Enforcement Officer Keralt/A. Bx*wm � � Koch made the motion toreconsider the motion and to continue this � ������u�om�d� � � ~ ~ ^. . McIntyre � second the motion toreconsider � All were in favor to reconsider the motion and to reopen this petition till the August meeting(or]��, �d� � ' ' � applicant agreed: Manzi,McIntyre,Byers, Koch and Cumcia � 5-0 � Manzi stated let the record reflect this motion was reconsidered. Manzi requested u short recess and returned back utQ:3O. � New Public Hearin � Manzi stated be wanted tugo over ufew nna�or p/dbtb�uppikmu�`mfbrl6O0 ()ucood�b�cLb�/�r� � ^ . � they opened the hearing,regarding what Board's voting members will remain on the Board, if the meeting was to � be continued. � � � Manzi also wanted to inforin the applicant that he filed a G.L. c. 268A(disclosure for a notice of a conflict of � interest). Manzi stated from the years ufl996{o2OOUbm worked for Ozzie Properties. Ilo has no conflicts or � financial obligations with Ozzie properties. Ee then asked if the applicant would like him tomousehimself from � this hearing. The applicant said no. � With that �id��Bv�����dnpdm�h��od�� being � Request for mFindings from the Board appealing o Use Determination made 6y The Inspector ofBuildings � relating to an OSGOD Permit Application for Solar Photovoltaic System in the 1-2 Zoning District mtl600 Osgood Street(Map 34 Parcel 871 Petition 2015-003. MunziatuLodtbutprioriodbioouestiugborugouah:daomnin[bzmo1iouhrnoutboTowuC1uzkrogurdingddaOvoduy District. Manzi spoke of 40A and 40R and how they interplay.Manzi also spoke of how some applications go in front ofthe Planning Board as of "Right Use"and some are a"Special Permit Use" Manzi spoke of the 3 specific overlay Districts ou the property inquestion. Manzi stated that the Overlay Map, Bylaws for this area, along with the appropriate Warrant articles have all been requested to the Town Clerk for the � Board's information. Dan Leary was the first notake tn the podium, and beiy part o[the tourn who iu working oo this project. |Leury � explained briefly the benefits and purpose of Solar Energy to the Board,before the attorney for the project took over. Atty. Michael D.Rosen,the attorney who is representing the applicant for the Solar Photovoltaic System at 1600 Osgood Street walked upthe podium. Rosen went ou to say that hu is appealing uUse determination nuudc by the Inspector oFBuildings relating to an [)SGOI) Permit application to the Planning Board to construct u 0 mega watt Rooftop and Parking Canopy Page 4of7 June 23, 20l5 � � Town ofNorth Andover ZONING BOARD /}F//PfEALS '4fhert P.Manzi III,Esq. Chairman %AORTil Associate Member � Ellen P.McIntyre,Vice-Chairman 6. Michael P.L' oxf� r � RichardJ. By*rs'Esq. Clerk Deney Morganthal D. Paul Koch Jr. Esil. Doug Ludnn � '4/lanCuscim Zoning Enforcement Officer Geoah/A. Bro/mm � Mounted Solar Photovoltaic . �hcprnpou�duymhoniah0000mbdofl9,50ODokr20oduk�� � ' ' approximately � 5,500 nooAnn nu000t�d solar |v i4 00O n�odui�yu�ouu1cd uoaboo(o�me 39 ` rooftop .r�..~.."~` , .rr.~�.^~~^ � feet wide comprised of approximately 21 mwa' ranging between 150-630 feet long. The Use determination is detailed in u letter from the Inspector of Buildings tothe Planning Board dated March 24,2015. The petitioner disagrees with the Inspector oFBuilding's letter, Gerald Brown dated March 24`20]5. Bnop/n`a letter stated the following: Section l0.loI the North Andover Zoning Bylaw provides that the Bylaw shall 6uenforced bv the Building Inspector. Based on my review of the application dated March 20,2015 for a Special Permit I have determined the following: 1. Section 17'S'2wy the Osgood Smart Growth Overlay District(O0GOD) *fthe Zoning Bylaw states im part: "Within the boundaries o[the OSGOD, u developer may elect tueither develop u site in accordance with the requirements of this Section 17, or to develop a site in accordance with the requirements of the regulations for use,dimension and all other provisions of the Zoning Bylaw governing the underlying zoning distriotw(s),," Om June 17°20l4 this site(Assessor Map 34^Parcel 17) received approval of a Special Permit under the O8GOD, 2.The solar installation for purpose ofu generating facility,which iw being applied for here, io not ulisted use tinder the As-Of-Right Uses allowed (As-Of-Right Uses Section 17.6.1.2) 3.Prohibited Uses(Section 17.6.4) mtotmm ^"/kXl meem not expressly allowed are prohibited." 4. In addition,the application states itiw for ^^muaos8xotm6ug" use.In my opinion umnymr Installation for purposes of a generating facility for some utility users who are not on the site,it is not ^^muumm8uotnrimg^` under the OSGO]0 Bylaw Atty.Rosen submitted a memo dated June 23,2OI5 outlining and summarizing five fiodiuQrequests, also included was the letter from the Building inspector(see above)and u listing of office tenants,the start date, use, size and zones. � � Rosen spoke of when they started this project mnd how they started with the Planning Board. The Planning Board reached out{o the Building Inspector for guidance. Since the Building Inspector's letter to the Planning Board was not favorable unthis project dheyuookerutooicbtxcg000tiogb`rthiuBourdtunzakoafindioA(urdetenuinotiou) based on Brown's letter. That iu why they are here in front of tile Board ofAppeals. Rosen and the Board discussed the OSGOD District, Site Plan Review,the 1-2 Zoning district,Permits received on � the property, Uses,and also if this project ianudmr4O/\o,40RoudthnnopukeofvuhoousoctiuosoftbeBvluv/ (particularly Section 17). [omen felt that there was more than lway that this project could he allowed. Rosen also spoke o[sites,projects uudbovvbcfe}ttbo1UbmyaredoUuod. Manzi asked questions to Rosen oo what be felt was u^^ahu,ora"project". � Page 5of7 June 23, 20l5 � � � Yo*v �nu�vor / of North � ZONING BOARD OPA/PfALS Albert P. Manzi III, Esq. C6mdrmmum t%ORT#1 Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P. L' oz/o Richan-IJ Byers,Esq. Clerk 0 Deney Morganthal D. Paul Koch Jr. Esq. DougLa/lgim '4/lau Cusuia Zoning Enforcement Officer � AT Gcva/,(I,4, Bmowa � IT CHU Site plan approvals and Special Permits were discussed with regards to this project. Rosen stated theyjust want Site Plan Approval and they are not applying for a Special Permit. Rosen stated Site � Plan Approval io10 condition and regulate, not{odeny. They are not requesting under Section |7.6.l.2 but are looking toho approved under Section ]7.6.3.2 (Site Plan Approvu|). Rosen stated lit the l2 zoning District under Section 4.133 \l. Bofthe Zoning Bylaws you can manufacture, � generate and distribute electricity. Manzi spoke of manufacturing and what would hoallowed. Leary walked back to the podium and stated why this property is the perfect site for this project. |{o spoke ofhow the Solar panels work and how these photons are captured and put into a meter. Manzi asked how the town will benefit. Leary responded this is a taxable property(pilot opportunity in lieu of taxes);this is a 15 million dollar property, net metering credit agreement 10 power some of the town's building, anditioo25yeu/reveuuoabeunu. ]Loug/ spoke of the indirect benefits, such as how it will attracts businesses to the area,and most people do like parking under car ports, and how it shows that North Andover is on board with going green. He stated that some of these solar panels would go on the roof and some would be car ports. Manzi stated that p/e will take u short break. The break was over ut9:4S. Eric Kfoury walked up to the podium and explained to the board how there was a time constraint here for the applicant. A"Use"determination was needed to be made,but because it was a"Use"not allowed.Kfoury stated this ia not manufacturing, hia Solar Generation, and i{ie not allowed. Kfoury stated manufacturing is allowed by right.Kfoury felt that this type of Solar Generation has been prohibited. Kfoury stated that we did try to help the applicant make a timely appeal. Manzi asked if there were any court cases that he could cite.Kfoury responded that he could supply that to the Board. Manzi stated that would ho|ndboBou�douuk� unin[bun�ddooimion. | `' | Atty. Rosen cited the case Duseau vs Szawlowski where the court debated Alternative Energy Deployment and � Manufacturing. This case was nnudo in January 2Ul5. � � Kfoury stated that this io not ocut and dry case.There is much more todthan thin. � Rosen, cited Section 4.l39 tinder the 1-2Zone where o minimum of25 acres are needed. Rosen stated � that they are not speaking of the manufacturing of making solar panels,you would not need 25 acres for that, but they are talking about Solar Generation or deployment or the making of electricity. Also^^Situ" io used inthe application to deploy solar panels and thirdly and most important we are talking about the 1-2 District. Page 6nf7 June 23, 2U15 � � � Toi,iw of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman t%ORTH Associate Member Ellen P.McIntyre, Vice-Chairman Michael A Liporto 0 Richard J Byers,Esq. Clerk Deney Morganthal D. Paul `och Jr. Esq. 4K Doug Ludgin Allan Cuscia 4,,m Zoning Enforcement Officer AC Gerald A. Brown Manzi asked the Board and the applicant on continuing till the next meeting, scheduled for August 11r''. Rosen asked to speak to his client on continuing the meeting for August. Rosen and Leary returned back at 10:20 and they both agreed on continuing this hearing till August. Cuscia made a motion to continue this hearing for August 11 Koch second the motion Those in favor to continue the hearing for August 11"': Manzi, McIntyre,Koch, Cuscia and Ludgin. Miscellaneous Correspondence A letter were received from CHAPA, dated May 19th, 2015, signed by Senior Program Manager, Elizabeth Palma-Diaz, regarding a current owner's intent to sell off his or her affordable unit. Adjournment: 10:30 Koch made a motion to adjourn the meeting. Byers second the motion All were in favor to adjourn the meeting: Manzi, McIntyre, Byers, Koch, Cuscia, Ludgin and Morganthal. Page 7 of 7 June 23, 2015