HomeMy WebLinkAbout2021-03-09 Zoning Board of Appeals Minutes
Approved 4/13/2021
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, March 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.,
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 February 9, 2021 meeting minutes. Seconded by Steven R.
Seide. F. Killilea voted yes. A. Jacobs voted yes. A. Cuscia 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
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 a Variance 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, Applicant has requested a parking
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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(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, Applicant has requested a
dth
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, Applicant has requested an
Attorney Andrew Caffrey Several months ago had presented a proposed plan to convert Grange Hall
to three (3) residential units with six parking spaces. Two of the spaces would require the users to
back out on to Great Pond Road which was concerning. The new plan eliminates the parking spaces
that back out onto Great Pond Road. Three parking spaces will be behind the building and an
additional three spaces will be located in the 40 by 60 lot that is behind it. The adaptive reuse will
allow to three residential units within the property but the building to remain structurally unchanged.
Ms. Finbury is in the business of historic preservation.
The building is part of the Purchase & Sale Agreement and has two parcels of land. A. Cuscia asks to
see a plot plan of just the extra lot where the additional three parking spaces will be.
P. Hutchins states he received a call from the Chairman of the Historic Commission advising they
received no notice of the intent for the Grange Hall. Historic Commission has the final say, even if
Zoning approves.
Discussions continue regarding possible parking options
Kathy Stevens states the P&S includes the rear parcel and she is a Trustee of Center Realty Trust.
Motion made by Michael T. Lis to close the public comment. Seconded by Ronn R. Faigen. M. Lis
voted yes. R. Faigen voted yes. A. Jacobs voted yes. A. Cuscia voted yes. P. Koch voted yes. The
vote is unanimous is 5-0.
The Board Deliberates.
Motion made by Ronn R. Faigen to approve a special permit pursuant to the Town of North Andover
Zoning Bylaws Section 195-4.33 Residential Adaptive Re-Use and Section 195-9.3(A)(5) Pre-existing
non-conforming use. Seconded by Steven R. Seide. S. Seide voted yes. R. Faigen voted yes. A.
Jacobs voted yes. A. Cuscia voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0.
Motion made by Ronn R. Faigen to approve variances pursuant to Town of North Andover Zoning
Bylaws Section 195-8.5(A) Design standards for parking and driveways and Section 195-8.5(C)(2).
Seconded by Steven R. Seide. S. Seide voted yes. R. Faigen voted yes. A. Jacobs voted yes. A.
Cuscia voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0.
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Town of North Andover
ZONING BOARD OF APPEALS
4. Continued Public Hearing of 00 Beechwood Drive
The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section
195-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.).
Bob Duval with TF Moran in order to move forward with proposed building a variance is needed for
CBA. Applicant believes the lot is may not need a variance for CBA. The lot
was created in 1996 and the definition for CBA has since changed.
Motion made by Alexandria A. Jacobs, Esq to close public comment. Seconded by Ronn R. Faigen. S.
Seide voted yes. R. Faigen voted yes. A. Jacobs voted yes. A. Cuscia voted yes. P. Koch voted yes.
The vote to close public comment is unanimous 5-0.
The Board Deliberates.
Motion made by Allan Cuscia to approve a variance pursuant to Town of North Andover Zoning
Bylaws Section 195-7.1A for Contiguous Buildable Area. Seconded by Ronn R. Faigen. M. Lis
voted yes. R. Faigen voted yes. A. Jacobs voted yes. A. Cuscia voted yes. P. Koch voted yes. The
motion to grant the variance is unanimous 5-0.
5. New Public Hearing of 25 Dudley Street
The Applicants are requesting Applicants are requesting a Special Permit pursuant to Town of North Andover
Zoning Bylaws Section 195-4.3(V) for the purpose of using a pre-existing converted carriage house on the
property as a Family Suite.
Applicants are requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-2.2;
specifically, Applicants are requesting a relief variance of 700 sf gross floo
GFA of principal dwelling unit is 2,000 sf, Family Suite GFA proposed is 1,200 sf, (i.e. 60%) maximum GFA
allowed is 500 sf (i.e. 25% of principal dwelling unit)).
Applicants are requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-2.2;
specifically, Applicants are requesting a Variance allowing for a detached Family Suite (Family Suite required
to be within or attached to principal dwelling unit).
A. Cuscia reads the legal notice into the record.
Amy Almerico-LeClair and Thomas LeClair. Requesting a special permit to use a pre-existing carriage house as
a family suite and a variance is requested for dimensional relief. The previous owners had converted the carriage
house to be used as a family suite which was granted by the ZBA.
Thomas LeClair will be occupying the family suite and applicant understands that it will expire if they move.
Gayle Apkarian called prior to the meeting and is in favor of the Special Permit and Variance. She has no
objections.
Page 3 of 5
Town of North Andover
ZONING BOARD OF APPEALS
Motion made by Alexandria A. Jacobs, Esq. to close the public comment. Seconded by R. Faigen. M.
Lis voted yes. A. Jacobs voted yes. A. Cuscia voted yes. R. Faigen voted yes. P. Koch voted yes.
The Board Deliberates.
Chairman reads a quote from part of the original Zoning Board of Appeals Decision dated July 16, 2009
regarding the historic preservation of this property.
A motion is made by Allan Cuscia to approve the special permit pursuant to Town of North Andover
Zoning Bylaws 195-4.3(V).
A motion is made by Allan Cuscia to approve the variances pursuant to Town of North Andover Zoning
Bylaws Section 195-2.2 for Gross Floor Area and Attached Family Suite.
Seconded by Michael T. Lis. F. Killilea voted yes. A. Jacobs voted yes. A. Cuscia voted yes. R.
Faigen voted yes. P. Koch voted yes. The motion to approve is unanimous 5-0.
6. New Public Hearing of 39 Russell Street
Applicants are requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section
195-4.3(V) for the purpose of constructing an addition of a Family Suite onto the existing home.
Applicants are requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-
(existing GFA of principal dwelling unit is 1,291 sf, Family Suite GFA proposed is 576 sf (i.e. 46%),
maximum GFA allowed is 323 sf (i.e. 25% of principal dwelling unit)).
Allan Cuscia reads the legal notice into the record.
Applicants are requesting a special permit to add on a family suite to their existing property for Ms.
enough room for the in-laws. The square footage of the proposed family suite is 576 sf. There is a modest
bedroom, living room, and kitchen.
Fran Dione is an abutter. She asks what happens if the current owners sell the house and wants to make
A motion is made by Ronn R. Faigen to close public comment. Seconded by Steven R. Seide. F. Killilea
voted yes. A. Jacobs voted yes. A.Cuscia voted yes. R. Faigen voted yes. P. Koch voted yes.
The Board Deliberates.
A motion is made by Allan Cuscia to approve the Variance pursuant to Town of North Andover
Zoning Bylaws Section 195-2.2 for Gross Floor Area.
A motion is made by Allan Cuscia to approve the Special Permit pursuant to Town of North Andover
Zoning Bylaws Section 195-4.3(V) to construct a family suite.
Page 4 of 5
Town of North Andover
ZONING BOARD OF APPEALS
Seconded by Alexandria A. Jacobs, Esq. M. Lis voted yes. A. Jacobs voted yes. A. Cuscia voted yes. R.
Faigen voted yes. P. Koch voted yes. The motion to approve is unanimous 5-0.
7. Adjournment, meeting adjourned at 9:43 p.m.
Motion made by Ronn R. Faigen to adjourn the meeting. Seconded by Alexandria A. Jacobs, Esq. S. Seide
voted yes. A. Jacobs voted yes. A. Cuscia voted yes. R. Faigen voted yes. P. Koch voted yes. The vote to
adjourn is unanimous.
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