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HomeMy WebLinkAbout2021-02-09 Zoning Board of Appeals Minutes Approved 3/9/2021 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, February 09, 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 7:31pm Members Present: D. Paul Koch, Jr., Esq., Ronn R. Faigen, Allan Cuscia, Alexandria A. Jacobs, Esq., Ellen P. McIntyre, 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 Ronn R. Faigen to approve the January 12, 2021 meeting minutes. Seconded by Steven R. Seide. A. Jacobs voted yes. E. McIntyre voted yes. M. Lis voted yes. R. Faigen voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0. 3. 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 parking setback needing a sed is 0.0' and the parThe 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 5 Town of North Andover ZONING BOARD OF APPEALS 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 ent Attorney Andrew Caffrey, Esq. requests a continuance until the next meeting scheduled for March 09, 2021. Motion made by Allan Cuscia to continue the hearing to March 09, 2021. Seconded by Ronn R. Faigen. A. Jacobs voted yes. E. McIntyre voted yes. A. Cuscia voted yes. R. Faigen voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0. 4. New Public Hearing of 25 Dudley Street The Applicants are requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.3V for the purpose of using a pre-existing converted carriage house on the property as an in-law suite. Applicants are requesting a continuation due to the recommendation of filing a variance for dimensional relief in addition to the Special Permit. Motion made by Ronn R. Faigen to continue to March 9, 2021. Seconded by Allan Cuscia. A Jacobs voted yes. E. McIntyre voted yes. A. Cuscia voted yes. R. Faigen voted yes. P. Koch voted yes. 5. 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. Richard Byers the variance for CBA was previously granted. Applicant decided to instead build a smaller house. Mr. Boyle says the approved plan was over 5,000 sf. A few of the abutters had a concern about the size and Applicant then came up with a 3,100 sf home and the new buyer is changing the house slightly; therefore a continuance was requested at the last hearing in order to re-submit current plans. This home is a much smaller footprint. Applicant meets all the setbacks, is further away from wetlands. The blue plan was approved by conservation four years ago. The red plan is what is now being proposed. The plan from W.A. Hurley and Associates is the proposed plan to be built. The board deliberates. Motion is made by Alexandria A. Jacobs, Esq. to approve the variance for modification of building a smaller single-family home. Seconded by Ronn R. Faigen. M. Lis voted yes. A. Jacobs voted yes. E. McIntyre voted yes. R. Faigen voted yes. P. Koch voted yes. 6. New Public Hearing of 00 Beechwood Drive Page 2 of 5 Town of North Andover ZONING BOARD OF APPEALS The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.1A in the CDD-3 Zoning District for the purpose of constructing an enclosed three-story, self-storage facility; specifically, the applicant has requested a relief variance of 3,184 sf. (the CBA proposed is 78,491 sf. and the CBA required is 81,675 sf.). Allan Cuscia reads the Legal Notice into the record. Jason Hill on behalf of the applicant. Applicant is seeking a variance for CBA in order to build a self-storage facility. Lot 2. states it was an inadvertent action. E. McIntyre asks if the three lots are owned by different entities. Mr. Hill states they are not common owners. Alexandria Jacobs asked when the lot line was moved. July 17, 1996. Approved by North Andover Planning Board in August 1996. This was already done at the time the land was transferred. Applicants discuss how taxes would help the Town. Applicant displays elevations of proposed building via Google Meet (which is not broadcast). Board requests copies of the elevations and previously filed application and plans prior to next meeting. Motion made by Allan Cuscia to continue the hearing to March 9, 2021. Seconded by Alexandria A. Jacobs, Esq. A. Jacobs voted yes. E. McIntyre voted yes. A. Cuscia voted yes. R. Faigen voted yes. The motion to continue is unanimous 5-0. 7. New Public Hearing of 55-57 Furber Avenue The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-4.3(A), Residence 4 District, in addition to the variance previously granted allowing two (2) buildings on one lot; the Applicant requests to modify the existing ZBA decision to allow the single family home at 57 Furber Ave. to remain on the property. In doing so, the applicant will convert the three family home at 55 Furber Ave. to a two family dwelling. Allan Cuscia reads the Legal Notice into the record. Michael Larkin is speaking on behalf of the Applicants. The Applicants were granted the variance in December and received a modification in March. The new construction single-family home has been completed. As a condition of the decision, the Applicant was to demolish the pre-existing single-family home on the property. The Applicant is unable to have the tenant move, and can main goal is to be able to move into their new house. They are no seeking to eliminate one of the units in the three family house. Chairman clarifies that the Application before the Board is requesting three permanent structures. M. Larkin states that in the alternative, the Applicant would be okay with a demolition delay so they can move into their new house. Page 3 of 5 Town of North Andover ZONING BOARD OF APPEALS The following letters of opposition from abutters are read into the record: A. Letter from BarriAnn Alonzo B. Letter from Steve Perilea C. Letter from Julie & John Desmond D. Letter from Russell Mercier E. Gary & Tracy Hall F. Kevin Fitzgibbons G. David Belletta A few more emails were received from some of the abutters and read into the record. Discussions continue regarding violating the certificate of occupancy and how it is handled. There is a $9,000 per month fine. Does the Town put a tax lien against the property? Building Inspector clarifies that yes, that can happen. Chairman asks board members if they would agree to modify the variance to include delaying the demolition of the existing single-family home and detached garage. Motion made by Allan Cuscia to approve the variance requesting three residential buildings be allowed on one lot until June 23, 2021 in order to demolish an existing single-family home and detached garage with the following conditions: 1. to apply for a demolition permit by February 28, 2021 and 2. commence demolition by June 23, 2021 Seconded by Alexandria A. Jacobs, Esq. A. Jacobs voted yes. E. McIntyre voted yes. A. Cuscia voted no. R. Faigen voted yes. P. Koch voted yes. The vote is 4-1 to grant the variance. 8. New Public Hearing of 281 Middlesex Street The Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaw Section 195- 4.3.3, 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. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks) and Table 2: Summary of Dimensional Requirements for one setback in the R-4 Zoning District for the purpose of constructing a driveway; specifically, Applicant has requested a setback needing a relief Request for Withdrawal of previous Petition Number 2020-13. Motion made by Allan Cuscia to withdraw the previous petition number 2020-13. Seconded by Ronn R. Faigen. A. Jacobs voted yes. E. McIntyre voted yes. A. Cuscia voted yes. R. Faigen voted yes. P. Koch voted yes. The vote is unanimous 5-0. Allan Cuscia reads the Legal Notice into the record. Motion made by Allan Cuscia to approve. Seconded by Alexandria A. Jacobs, Esq. A. Jacobs voted yes. E. McIntyre voted yes. A. Cuscia voted yes. R. Faigen voted yes. P. Koch voted yes. The vote is unanimous 5-0. Page 4 of 5 Town of North Andover ZONING BOARD OF APPEALS 9. Adjournment, meeting adjourned at 10:59pm. Motion made by Michael T. Lis to adjourn the meeting. Seconded by Alexandria A. Jacobs. A. Jacobs voted yes. E. McIntyre voted yes. R. Faigen voted yes. A. Cuscia voted yes. P. Koch voted yes. The vote to adjourn is unanimous. Page 5 of 5