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HomeMy WebLinkAbout2020-11-10 Zoning Board of Appeals Minutes Town of North Andover ZONING BOARD OF' APPEALS Members �� ,associate Members ra.Paul Koch,Jr,,Esq., Chairman ��� „ � Michael T.Lis Ellen P.McIntyre, Vice-Chairman ` Steven R. Seide Allan Cuscia Frank J.Killilea Alexandria A.Jacobs, Esq.. Zoning Enforcement Officer Ronn R.Falgen Paul G.Hutchins MEETING MINUTES Date of Meeting: Tuesday,November 10,2020 Time of Meeting: 7:30 PM Location of Meeting: Virtual Meeting Signature: Jennifer Battersby Town Clerk Date Stamp: 1. Call to Order called at 7:32t)m Members Present: D. Paul Koch,Jr., Esq.,Ellen P. McIntyre,Allan Cuseia,Alexandria A. Jacobs, Esq., Ronn R. Faigen, Steven R. Seide,and Michael T. Lis Staff Present: Jennifer Battersby Gave] given to: D. Paul Koch,Jr. Pledge of Allegiance Chairman makes 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 06,2020 meeting minutes. Seconded by Michael T. Lis. The vote to approve is unanimous 5-0. 3. New Public Hearinlz of 65-67 Beverly Street Petition of VBL Investment 1 LLC,Peter E. Graziani,Manager for property at 65-67 Beverly Street(Map 005.0, Parcel 0002), North Andover, MA 01845 in the IZ-4 Zoning District. The Applicant is requesting a. Variance pursuant to Town of North Andover Zoning Bylaws Section 1.95-7.3(C)Yards(setbacks)and Table 2: Summary of Dimensional Requirements for one real- setback in the R-4 Zoning District for the purpose of obtaining a variance for a previously-constructed addition, specifically, Applicant has requested a rear setback needing a relief variance of 25.6 feet(the rear setback proposed is 4.4 feet and the rear setback required per Table 2 is 30.0 feet). Alexandria A.Jacobs reads the Legal.Notice into the record. Peter Graziani, Previously added basement stairs and basement door access to the house. Realized the setback after it was built when tried to refinance the house. 1 Discussions continue regarding the titneline and permitting of structure. Notices and agendas are to be posted 48 hours in advance of a reeting gxcludln Saturdays,Sundays,and legal holidays. Please keep in mind the Town Clerks hours of operation and rake necessary arrangements to be sure that posting is made in an adequate aanount of tire. A listing of topics the Chair reasonably anticipates mill he discussed at a meeting are to be listed on the Agenda. Note: MattersilRa A,be called out of order and not as they appear in the Agenda. Page I of Town of North Andover ZONING BOARD OF APPEALS Michael Lis asks what the ramifications would be if the Board denies the application. Paul Hutchins states the structure would need to be removed and revert to a bulkhead as it was previously. Applicant is no longer on the call. Motion made by Alexandria A. Jacobs to suspend matter to the end of the Agenda due to technical difficulties. Seconded by Allan Cuscia. The vote to approve is unanimous 5-0. 4. New Public Hearing of 281 Middlesex Street Petition of Joseph Stewart for property at 281 Middlesex Street(Map 009.0,Parcel 0047),North Andover, MA 01845 in the R-4 Zoning District. The Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaw Section 195- 4.3.3 for the conversion of an existing dwelling to accommodate not more than Eve residential units by Special Permit from Zoning Board of Appeals in accordance with Section 195-10.7 for the purpose of converting a single- family home to a multi-family home. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3(A) Yards (setbacks) and Table 2: Summary of Dimensional Requirements for one front setback in the R-4 Zoning District for the purpose of constructing a garage in the back area of the property; specifically, Applicant has requested a front setback needing a relief variance of 12' (the front setback proposed is 18' and the front setback required per Table 2 is 30'). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3(B) Yards (setbacks) and Table 2: Summary of Dimensional Requirements for one side setback in the R-4 Zoning District for the purpose of constructing a garage in the back area of the property; specifically, Applicant has requested a side setback needing a relief variance of 5' (the side setback proposed is 10' and the side setback required per Table 2 is 15'). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3(C) Yards (setbacks) and Table 2: Summary of Dimensional Requirements for one rear setback in the R-4 Zoning District for the purpose of constructing a garage in the back area of the property; specifically, Applicant has requested a rear setback needing a relief variance of 20' (the rear setback proposed is 10' and the rear setback required per Table 2 is 30'). Richard Byers, Este., attorney for Joseph Stewart. Applicant is proposing to turn a single family home into three residential units and add a garage. 1100 square foot empty room will be converted into one unit, mostly in the rear of the house which is a below grade unit. Unit 1, 1600 sq. ft., 3 bedrooms; Unit 2, 1100 sq. ft.,2 bedrooms; and Unit 3, 1100 sq. ft., 2 bedrooms. Regarding the parking, six spaces are required. The location of the garage is pushed in the back corner to align with the other garages on the properties that the Stewarts own. Without the garage in that location, the parking would need to be redesigned and possibly not be able to add the garage at all. Ms. Jacobs asks if the egress of the parking is dependent on a different parcel. Attorney Byers states that is correct if they go with this design. Discussions continue regarding easements. There is access from Middlesex Street, but would need a variance for that. Mr.Byers states that the access would be from 111 Marblehead St. Ms.Jacobs states informs Mr. Byers that there is a legal dispute in the Court filed by Mr. Raymond Stewart regarding the ownership of 111-113 Marblehead St. which is what the entry to the property needs to enter the parking. If there is not an egress from Page 2 of 5 Town of North Andover ZONING BOARD OF APPEALS 111, how do you enter the property? Attorney Byers states that cars would have to enter through the existing driveway. Ms. McIntyre states the size of the garage does not fit in the neighborhood. Ms. Jacob makes mention of an order from the Superior Court of Massachusetts dated in 2018 which states that nothing can be done to encumber I I 1-113 Marblehead St. Ms. McIntyre would also like the applicant to address the size of the garage and the parking. Motion made by Allan Cuscia to continue to the December 08, 2020 hearing. Seconded by Ronn R. Faigen. The vote is unanimous 5-0. 5. New Public Hearing of 3 Great Pond Road Petition of Elaine Finbury for property at 3 Great Pond Road (Map 096.0, Parcel 0021), North Andover, MA 01845 in the R-3 Zoning District. The Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195- 4.33 Residential Adaptive Re-Use Special Permit for a multi-family home and Section 195-9.3(A)(5) Pre- Existing Non-Conforming Use for the purpose of converting Grange Hall in the Old Center to a multi-family home with three(3)residential units. The Applicant is requesting two Variances pursuant to Town of North Andover Zoning Bylaws Section 195- 8.5(A) Design standards for parking and driveways in the R-3 Zoning District for the purpose of installing six parking stalls for the multi-family home; specifically, the Applicant has requested a parking setback needing a relief variance of 3,0' (the parking setback proposed is 0.0' and the parking setback required is 3.0'). The applicant is also requesting a minimum maneuvering aisle width of I F needing a relief variance of 14' (the minimum maneuvering aisle width required is 25 ). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 8.5(C)(2) Design Standards for entrance and exit driveways in the R-3 Zoning District for a driveway entrance for the proposed multi-family home; specifically, the Applicant has requested an entrance width of I P needing a relief variance of 7' (the entrance width required is 18'). Allan Cuscia reads the Legal Notice into the record. Andrew Caffrey,Esq. representing Elaine Finbury. The Petitioner is proposing the creative reuse and conversion of the Grange Hall in the Old Center to three residential units. No exterior renovations are proposed and the required six parking spaces for three units would be inet. Also need variances in order to accomplish that. Old Center Realty is the owner and has done a good job maintaining it. It is oil a very small lot adjacent to wetlands,there is no other practical use. Ms. McIntyre is concerned about the tight parking and adding more traffic into the roundabout with a blind spot and feels if you make it a two unit, it would eliminate some of the variances. Attorney Caffrey feels six additional cars wouldn't add enough traffic to make a difference. Jean Enright,Planning Director There are certain requirements for the ZBA in order to grant the Special Permit some of which relate to the Master Plan. The Master plan speaks to housing needs,variety of housing needs and senior housing. This building has historical significance to the Town and its tie to the farming history of Page 3 of 5 Town of North Andover ZONING BOARD OF APPEALS the Town. The Bylaw specifies that the Planning Board can recommend modifications regarding the maneuverability. Chairman asks about backing out onto Great Pond Road to the month of a traffic circle and is there anything else that can be done with the Grange Hall. Ms. Enright states it is handicapped by the parking. Discussion continues regarding converting to two units instead of three in order to eliminate two parking spaces. Kathy Stevens, Old Center Realty Trustee The Grange Hall has been on the MLS listing and every person that has seen it commented that it is best as a residential use building due to the lack of parking. Elaine Finbury is a historic preservationist. Ms. Enright would recommend that there be a condition that the exterior of the building not be changed due to the historical significance. Discussion opened to the public. Email from Michael Donovan at 12 Johnson Street is concerned about the limited parking space and the wetlands. Letter from Richard Michael Gramly, PhD at 455 Stevens Street opposing the project as a three unit residence. Would be okay with two units versus three units as lie is concerned about traffic,parking,and safety. Transcription of phone message_from Dr. Richard Michael Gramly stating that he ract with Elaine Finbury to discuss his concerns. Email frorn Michael Donovan regarding the maneuvering aisle width. Has concerns about only I V being proposed when 25' is required. Motion made by Ronn R. Faigen to continue to December 08,2020. Seconded by Steven R. Seide. The vote to continue is unanimous 5-0. 6. New Public Hearing of 83 Academy Road Petition of Kathy Stevens for property at 83 Academy Road (Map 059.0, Parcels 0002 and 0055), North Andover,MA 01845 in the R-3 Zoning District. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3(A),Table 2: Dimensional Requirements for one front setback ill the R-3 Zoning District for the purpose of constructing a one-story covered porch of approximately 35'x 8' ill the same location as the existing brick patio and the former location of a historic covered porch; specifically,the Applicant has requested a front setback needing a relief variance of 18.0 feet(the front setback proposed is 12.0 feet and the front setback required per Table 2 is 30.0 feet). Alan Cuscia reads the Legal Notice into the record. Mark Yanowitz,Architect Kathy Stevens owns the house and would like to restore a covered porch. It will be duplicated and set another 2 feet back than the original historic porch. There are letters from abutters in support of the project. Has been approved by the Historic Commission. Page 4 of 5 Town of North Andover ZONING BOARD OF APPEALS r Motion made by Allan Cuscia to close the public cotnmellt. Seconded by Ronn R. Faigen. The vote to close is unanimous 5-0. Motion made by Allan Cuscia to approve the variance. Seconded by Ronn R. Faigen. The vote to approve is unanimous 5-0. Suspended No.3 to.end of Agenda due_to technical difficulties: New Public Hearing of 65-67 Beverly Street Michael Lis asks if the applicant applied for a permit for the construction and renovation. Mr. Graziani states lie had pulled a permit for the remodeling of the house. Ellen McIntyre asks if the Applicant knew if he needed a variance. Applicant states he did not know. Letter from John MCCaIToII regarding his opposition to grant the variance. Motion made by Allan Cuscia to close the public comment. Seconded by Ronn R. Faigen. The vote is 4-1. The Board deliberates. Motion made by Allan Cuscia to approve the variance. Seconded by Ronn R. Faigen. The vote to approve is 4-1. 7. Acceptance of 2021 Meeting Schedule Motion made by Ellen P. McIntyre to approve the meeting schedule. Seconded by Steven R. Seide. The vote to approve is unanimous 5-0. S. Ad iournment,meeting adjourned at 10:24pm Motion made by Ellen P. McIntyre to adjourn the meeting. Seconded by Allan Cuscia. The vote to adjourn is unanimous 5-0. Page 5 of 5