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HomeMy WebLinkAbout2021-01-12 Zoning Board of Appeals Minutes Approved 2/9/2021 Town of North Andover ZONING BOARD OF APPEALS Members Associate Members D. Paul Koch, Jr., Esq., Chairman Michael T. Lis Ronn R. Faigen, Vice-Chairman Steven R. Seide Allan Cuscia, Clerk Frank J. Killilea Alexandria A. Jacobs, Esq. Zoning Enforcement Officer Ellen P. McIntyre Paul G. Hutchins MEETING MINUTES Date of Meeting: Tuesday, January 12, 2021 Time of Meeting: 7:30 PM Location of Meeting: Virtual Meeting Signature: Jennifer Battersby Town Clerk Date Stamp: 1. Call to Order called at 7:34pm 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 Battersby Gavel 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 Allan Cuscia to approve the December 08, 2020 meeting minutes. Seconded by Alexandria A. Jacobs. R. Faigen voted yes. A. Jacobs voted yes. A. Cuscia voted yes. E. McIntyre voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0. 3. Continued 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 five 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. Notices and agendas are to be posted 48 hours in advance of a meeting excluding Saturdays, Sundays, and legal holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure that posting is made in an adequate amount of time. A listing of topics the Chair reasonably anticipates will be discussed at a meeting are to be listed on the Agenda. Note: Matters may be called out of order and not as they appear in the Agenda. Page 1 of 4 Town of North Andover ZONING BOARD OF APPEALS 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 needin 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; 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; Richard J. Byers, Esq. Applicant needs a variance due to the width of the driveway. Submitted a new plan, moving the garage and reducing the size from a six stall to four stall. The garage was totally redesigned, adding architectural details. A Cuscia would rather see two units as opposed to three units and states the number of units needs to be established before moving forward. Frank Stewart speaks to the number of units surrounding houses have. Most on the street have two units. The house is 3,800 sf and there is enough room for three units. A Jacobs states that there is an additional variance needed that was not in the original application and therefore, believes a new application will need to be submitted. Discussions continue regarding whether or not a new application is required. The previous owners had an addition which was used as a two family house. Joseph and his wife are living in the back, the rest of it is empty. A Jacobs asks about drainage and trees, there are no plans. The abutters were concerned about drainage with the new structure. Applicant offered to do a perimeter drain and plan a row of arborvitae. R. Faigen asks about the previous mention of the easement and lawsuit which is no longer pertinent with the change of plans. Discussions continue regarding the number of units of other homes on the street. Mostly one to two family homes. Board recommends that the Applicant file a new variance application regarding the driveway. Chairman reads email from Amanda and Michael Cassolli at 274 Middlesex Street in support of the project. Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS Email from William DiAdamo was read into the record. Motion made by Allan Cuscia to continue the hearing to February 09, 2021. Seconded by Steven R. Seide. R. Faigen voted yes. A. Jacobs voted yes. A. Cuscia voted yes. E. McIntyre voted yes. P. Koch voted yes. The motion to continue is unanimous 5-0. 4. Continued 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 king 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 Andrew Caffrey, Esq. requests a continuance until the next meeting scheduled for February 09, 2021. Motion made by Allan Cuscia to continue the hearing to February 09, 2021. Seconded by Ronn R. Faigen. R. Faigen voted yes. A. Jacobs voted yes. A. Cuscia voted yes. E. McIntyre voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0. 5. New Public Hearing of 303 Chestnut Street a/k/a Lot 1 Hillside Road The Applicant is requesting a modification of a previously approved Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.1(A) for contiguous buildable area ("CBA") in the R-3 Zoning District for the purpose of reconstructing a single-family home on a vacant lot; specifically, Applicant has requested CBA needing a relief variance of 5,718 sf (i.e. 23%) (the CBA proposed is 13,032 sf (i.e. 52%) and the CBA required is 18,750 sf (i.e. 75%)). The modification being sought is to amend certain plans and exhibits to reflect the reconstruction of a smaller single-family home; the previously approved home was approximately 5,535 square feet and the modified single-family home is 3,100 square feet. Brian Boyle, Applicant, is looking to reduce the size of the house that was previously approved with the Variance previously approved. Page 3 of 4 Town of North Andover ZONING BOARD OF APPEALS Motion made by Ronn R. Faigen to continue to February 09, 2021. Seconded by Alexandria A. Jacobs. A. Jacobs voted yes. F. Killilea voted yes. R. Faigen voted yes. E. McIntyre voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0. 6. 2021 Election of Board Officers Discussion regarding upcoming open board positions. Motion made by Ellen P. McIntyre to nominate D. Paul Koch, Jr. as Chair, Ronn R. Faigen as Vice Chair, and Allan Cuscia as Clerk for the officer positions for the calendar year 2021. Seconded by Allan Cuscia. F. Killilea voted yes. M. Lis voted yes. S. Seide voted yes. R. Faigen voted yes. A. Jacobs voted yes. A. Cuscia voted yes. E. McIntyre voted yes. P. Koch voted yes. The vote to approve is unanimous 8-0. 7. Adjournment, meeting adjourned at 9:31pm Motion made by Ronn R. Faigen to adjourn the meeting. Seconded by Steven R. Seide. A. Jacobs voted yes. E. McIntyre voted yes. R. Faigen voted yes. A. Cuscia voted yes. S. Seide voted yes. M. Lis voted yes. F. Killilea voted yes. P. Koch voted yes. The vote to approve is unanimous 8-0. Page 4 of 4