HomeMy WebLinkAbout2020-09-08 Zoning Board of Appeals Minutes (A-Wroved 10
Town of North Andover
ZONING BOARD OF APPEALS
Members Associate Members
D.Paul Koch,Jr.,Esq., Chairman Michael T.Lis
Ellen P.McIntyre, Vice-Chairman Steven R.Seide
Allan Cuscia Frank J.Klllilea
Alexandria A.Jacobs,Esq. Zonings Enforcement Officer
Ronn R.Faigen Paul C.Hutchins
MEETING MINUTES
Date of Meeting: Tuesday, September 8, 2020
Time of Meeting: 7:30 PM
Location of Meeting: Virtual Meeting f
Signature: Jennifer Battersby
Town Clerk Date Stanlp:
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1. Call to Order called at 7:30 �ni
Members Present: D. Paul Koch, Jr., Esq., Ellen P. McIntyre, Allan Cuscia, Alexandria A. Jacobs, �
Esq., Ronn R. Faigen, Steven R. Seide, Michael T. Lis, and Frank J. Killilea
Staff Present: Jennifer Fattersby
Gavel given to: D. Paul.Koch, Jr. j
Pledge of Allegiance
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Chairman snakes preliminary announcement that this is a meeting of public record., is being broadcast
and recorded, and that anyone watching may email ZBA administrator with any questions, comments,
or opinions.
Chairman reads the Supplemental Legal notice into the record.
2. Acceptance of Minutes �
Motion made by Ronn R. Faigen to approve the October 19,2019 meeting minutes. Seconded by
Allan Cuscia. The vote to approve is unanimous 5-0. 1
Motion made by Ronn R. Faigen to approve the August 11, 2020 meeting minutes. Seconded by
Alexandria A. Jacobs, Esq. The vote to approve is unanimous 5-0.
3. New Public Hearing of 369 Waverly Roacl
The petition of Arthur Allen for property at 369 'Waverly Road (Map 0.11.0,Parcel 0052), North
Andover,MA 01845 in the R-4 Zoning District. The Applicant is requesting a Special Permit
pursuant to Section 195-4.3V of the Town of North Andover Zoning Bylaws for the purpose of �
constructing a family suite.
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Notices and agendas are to be Masted 48 hours in advance of a meeting excluding Saturdays,Sundays,and legal holidays. Please keep in mind the
Town Clerk's hours oroperation and make necessary arrangements to be sure that posting is made in an adequate arnouut or tune. A listing or topics i
the Claair reasonably anticipates will he discussed at a meeting are to be listed on the Agenda, Note: tulatters uaa4'be callcal oast oPoo tier anel arot as
they appear in the Agenda. Page r of 3
Town of North Andover
ZONING BOARD OF APPEALS
Allan Cuscia reads the Legal Notice into the record.
Arthur Allen This is an application for a family suite. An addition was constructed approximately
sixteen (16) years ago and he used the same plot plan for this application. Therefore,the plan states
"proposed" addition, however, it is existing. Would like to add a kitchen, bathroom, living area, and
bedroom in a finished space in the basement for their adult son who graduated from college so lie may
help pay off his student loans.
Ms. McIntyre asks Mr. Allen to clarify that the addition is existing and was completed in 2004. Mr.
Allen confirms that the addition has been built for sixteen (16) years. He used the same plot plan
from the 2004 application and apologized for any confiision.
Mr. Cuscia questions the deck and the proposed addition.
Discussions continue regarding the existing structure,where the family suite will be, and use of the
family suite. Concerns arose regarding proper use of family suites.
Motion made by Allan Cuscia to close the public comment. Seconded by Ronn R. Faigen. The vote
to close is unanimous 5-0.
The Board Deliberates.
Discussions continue amongst the Board regarding Section 195-4.3V of the Town of North Andover
Zoning Bylaws and what constitutes a family suite.
Motion made by Allan Cuscia to approve the special permit. Seconded by Rona R. Faigen. The vote
to approve the special permit is 4-1.
The following plans and exhibits were referenced:
1. Plan of Land prepared by Dante Bartolomeo and Henry R. Himber,219 Salem Street,
Andover, MA, 01810 dated June 12, 2004, containing one (1)page. The Board noted that due
to the date of this plan, a "Proposed Addition" is shown. However, the"Proposed Addition"
was actually constructed in 2004 and has been an "existing"addition for approximately sixteen
(16) years.
2. Existing and Proposed Floor Plans X-1, X, X-2, and X-3 prepared by Martha Maclnnis, 58
Regent Ave., Bradford, MA, 01835 dated July 22, 2020, containing four(4) pages.
4. New Public Hearing of 59 Willow Ridge Road
The petition of Stephen Bruns for property at 59 Willow Ridge Road (Map 107A, Parcel 0090),
North Andover,MA 01845 in the R-2 Zoning District. Tile Applicant is requesting a Variance
from Section 195-7.3B Yards (setbacks), Table 2: Summary of Dimensional Requirements of the
Town of North Andover Zoning Bylaws for right side setback in the R-2 Zoning District for the
purpose of constructing a 12' x 18' storage shed. The right side setback proposed is 12 feet; the right
side setback required is 30 feet; the relief variance requested is 18 feet.
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Town of North Andover
ZONING BOARD OF APPEALS
Stephen Bruns would like to add a 12' x 18' shed on blocks,the west side of property abuts Harold
Parker Forest.
Mr. Faigen questions if the shed is on blocks would it be considered a permanent structure and does it
still require a variance.
Paul Hutchins, Building Inspector states it doesn't matter how it is attached, via block or slab, it still
falls under the category of"structures".
Mr. Faigen questions why the shed can't go directly behind the deck. Mr. Bruns states that is his only
usable lawn space.
Motion made by Allan Cuscia to close the public comment. Seconded by Ellen P. McIntyre. The
vote to close is unanimous 5-0.
The Board Deliberates.
Motion made by Allan Cuscia to approve the variance. Seconded by Ellen P. McIntyre. The vote to
approve the variance is unanimous 5-0.
The following plans and exhibits were referenced:
1. Plot Plan of Land prepared by Sullivan Engineering Group, LLC dated August 12, 2020,
containing one (1)page; and
2. Shed drawings prepared by Applicant, undated, containing one (1)page.
5. Adiournment, meeting adjourned at 8:29pm Motion made by Ronn F. Faigen to adjourn the
meeting. Seconded by Ellen P. McIntyre. The vote to adjourn is unanimous 5-0.
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