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HomeMy WebLinkAbout2021-04-13 Zoning Board of Appeals Minutes Approved May 11, 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, April 13, 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 7:31 p.m. Members Present: D. Paul Koch, Jr., Esq., Ronn R. Faigen, Ellen P. McIntyre, 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 March 09, 2021 meeting minutes. Seconded by Steven R. Seide. R. Faigen voted yes. A. Jacobs voted yes. M. Lis voted yes. S. Seide voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0. 3. Continued Public Hearing of 43 Linden Avenue, Lot A The petition of Zendko, LLC for property at 43 Linden Avenue, Lot A (Map 22, Parcel 0039), North Andover, MA 01845 in the R-4 Zoning District. The Applicant is requesting Variances pursuant to Town of North Andover Zoning Bylaws, §195-7.1 Lot Area and §195-7.2 Street Frontage in the R-4 Zoning District. The Applicant is requesting a Variance from §195-7.1 Lot Area and Table 2: Summary of Dimensional Requirements of the Zoning Bylaws, for lot area in the R-4 District to construct a new home. Lot area proposed is 7,500 square feet, lot area required is 12,500 square feet. The relief variance needed is 5,000 square feet. 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 3 Town of North Andover ZONING BOARD OF APPEALS The Applicant is requesting a Variance from §195-7.2 Street Frontage and Table 2: Summary of Dimensional Requirements of the Zoning Bylaws, for street frontage in the R-4 District to construct a new home. Street frontage proposed is 75 feet, street frontage required is 100 feet. The relief variance needed is 25 feet. Matter discussed with 43 Linden Avenue, Lot B, below. 4. Continued Public Hearing of 43 Linden Avenue, Lot B The petition of Zendko, LLC for property at 43 Linden Avenue, Lot B (Map 22, Parcel 0039), North Andover, MA 01845 in the R-4 Zoning District. The Applicant is requesting Variances pursuant to Town of North Andover Zoning Bylaws Section 195-7.1 Lot Area, Section 195-7.2 Street Frontage and Section 195-7.3 Yards (setbacks) in the R-4 Zoning District. The Applicant is requesting a Variance from Section 195-7.1 Lot Area and Table 2: Summary of Dimensional Requirements of the Zoning Bylaws, for lot area in the R-4 District of the existing home. Lot area proposed is 7,500 square feet, lot area required is 12,500 square feet. The relief variance needed is 5,000 square feet. The Applicant is requesting a Variance from Section 195-7.2 Street Frontage and Table 2: Summary of Dimensional Requirements of the Zoning Bylaws, for street frontage in the R-4 District of the existing home. Street frontage proposed is 75 feet, street frontage required is 100 feet. The relief variance needed is 25 feet. The Applicant is requesting a Variance from Section 195-7.3(B) Yard (setbacks) and Table 2: Summary of Dimensional Requirements of the Zoning Bylaws, for front yard setback in the R-4 District of the existing home. Front yard setback proposed is 19.7 feet, front yard setback required is 30 feet. The relief variance needed is 10.3 feet. The Applicant is requesting a Variance from Section 195-7.3(B) Yard (setbacks) and Table 2: Summary of Dimensional Requirements of the Zoning Bylaws for rear yard setback in the R-4 District of the existing home. Rear yard setback proposed is 23.1 feet, rear yard setback required is 30 feet. The relief variance needed is 8.9 feet. The Applicant is requesting a Variance from Section 195-7.3(B) Yard (setbacks) and Table 2: Summary of Dimensional Requirements of the Zoning Bylaws for the right side yard setback in the R-4 District of the existing home. Right side yard setback proposed is 9 feet, right side yard setback required is 15 feet. The relief variance needed is 6 feet. 43 Linden Avenue, Lot A and 43 Linden Avenue, Lot B were discussed simultaneously Alexandria Jacobs reads the Legal Notices into the record. Tom Zhoruiko is representing Applicant. Chairman announces the matter may be continued to May 11, 2021 under be heard in person and have a two-way dialogue. th Tom Zhoruiko agrees to continue to May 11. A on May 11, 2021. Tom Zhoruiko Allan Cuscia is the property owner and has recused himself. Two lots were created. Lot B has an existing home. The home on Lot B is preexisting, non-conforming. The existing home sits close to the lot line. Ratio of lots sizes to home size. The subject property is the largest sized lot. The property owner is Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS disadvantage because the balance of the neighborhood was built prior to current zoning laws. The proposed single family home is designed to align with the balance of the neighborhood. E. McIntyre asks why this is a hardship and asks if he created his own hardship by splitting the lots. T. Zhoruiko says the hardship exists because the lot is oversized and the property owners are held to a different A. Jacobs states that applicant is being held to the exact same standard anybody else today is P. Koch is also struggling to see what the hardship is. R. Faigen asks if there is a compelling reason why this needs to be done. T. Zhoruiko states the Town encourages more infrastructure. M. Lis i F. Killilea asks about drainage that the abutters are concerned about. T. Zhoruiko states it would be retained on site by infiltration methodology. F. Killilea feels retaining on site may add to the groundwater level. T. Zhoruiko states one way to mitigate that change is by not putting in a basement and building on a slab instead. A. Jacobs would like to know the average height of the other homes in the neighborhood. Motion made by Alexandria A. Jacobs, Esq. to continue to May 11, 2021. Seconded by Michael T. Lis. P. Koch voted yes. E. McIntyre voted yes. A. Jacobs voted yes. R. Faigen voted yes. F. Killilea voted yes. Motion continued is unanimous 5-0. 5. Discussion Regarding Hybrid Meeting Alexandria Jacobs is not comfortable in attending ZBA meetings in person. E. McIntyre would like more detailed information. The basic COVID-19 precautions would be met. R. Faigen does not see a strong Hall. F. Killilea states as long as the Board complies with recommended guidelines he would look forward to being in person with the Board. M. Lis is comfortable being there with precautions and child care may be an issue but will make it work. S. Seide is comfortable meeting live. P. Koch is comfortable with the Tent meeting but not certain about meeting at Town Hall. 6. Adjournment, meeting adjourned at 8:37 p.m. Motion made by Alexandria A. Jacobs, Esq. to adjourn the meeting. Seconded by Steven R. Seide. P. Koch voted yes. E. McIntyre voted yes. A. Jacobs voted yes. R. Faigen voted yes. M. Lis voted yes. The vote to adjourn is unanimous 5-0. Page 3 of 3