HomeMy WebLinkAbout2021-08-10 Zoning Board of Appeals Minutes
Approved September 14, 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, August 10, 2021
Time of Meeting: 7:30 p.m.
Location of Meeting: Town Hall, 120 Main Street, North Andover, MA 01845
Signature: Jennifer Battersby
Town Clerk Date Stamp:
1. Call to Order called at 7:32 p.m.
Members Present: D. Paul Koch, Jr., Esq., Ronn R. Faigen, Allan Cuscia, Ellen P. McIntyre,
Alexandria A. Jacobs, Esq. (via remote participation), Michael T. Lis,
Frank J. Killilea, and Steven R. Seide
Staff Present: Jennifer Battersby
Gavel given to: D. Paul Koch, Jr.
Pledge of Allegiance
Chairman announces that the Vice-Chairman, Ronn R. Faigen,
Vice-Chairman reads the Supplemental Legal Notice into the record.
2. Acceptance of Minutes
Motion made by D. Paul Koch, Jr. to approve the June 22, 2021 meeting minutes. Seconded by Michael T. Lis.
The vote to approve is unanimous 5-0.
3. New Public Hearing of 217 Gray Street
The petition of Paul Miller and Lillian Miller for property at 217 Gray Street (Map 107.D, Parcel 0112),
North Andover, MA 01845 in the R-2 Zoning District. The Applicants are requesting a Variance pursuant to
Town of North Andover Zoning Bylaws Section 195-7.3(B), Table 2: Summary of Dimensional Requirements
for one side setback in the R-2 Zoning District for the purpose of constructing a 1.5 story detached garage on the
property; specifically, Applicants have requested a side setback nee
Clerk reads the Legal Notice into the record.
Brian Vaughn, Esq. is representing the Applicants Mr. Miller and his builder, Matt Murphy, are in attendance, as
well. Mr. Vaughn apologizes for his late submission of the memorandum in support of application.
Motion made by Allan Cuscia to accept the letter of authorization from the Millers allowing Mr. Vaughn to
represent them.
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
Applicants are seeking to add a two car detached garage. The lot is irregularly shaped and there are substantial
wetlands to the rear of the property. Therefore, this is the only place the new garage could be located due to the
location of the existing house and the wetlands in the rear. If the variance is granted the property is still within
the jurisdiction of the conservation commission and will require a notice of intent. Regarding the garage, the
conservation commission requires relief from all other boards prior to going before conservation. The applicants
have addressed the plans with the abutters and they are in support of the project.
Discussions continue regarding the size of the garage and other possible locations for the garage.
Motion made by D. Paul Koch, Jr. to continue the hearing to Tuesday, September 14, 2021. Seconded by Frank
J. Killilea. The vote to continue is unanimous 5-0.
4. New Public Hearing of 45 Russett Lane
The petition of Doug Legare for property at 45 Russett Lane (Map 104.A, Parcels 0048), North Andover,
MA 01845 in the R-1 Zoning District. The Applicant is requesting a Variance pursuant to Town of North
Andover Zoning Bylaws Section 195-7.3, Table 2: Summary of Dimensional Requirements for one side setback
in the R-
Applicant has requested a side setback needing a relief variance of 15 feet (the side setback proposed is 15 feet
and the side setback required per Table 2 is 30 feet).
Clerk reads the Legal Notice into the record.
Doug Legare Applicant is looking to add a 20x24 garage on the same side as the existing driveway which does
not meet the setback and requires a variance. E. McIntyre asks what the hardship is on the land that requires the
garage to be placed in an area it needs a variance.
Discussions continue regarding the lot slope. Applicant states there is also an old septic system located on the
property but they do not know where it is located. Currently, they have public sewer but there was a septic.
E. McIntyre thinks there needs to be more work done to find criteria for granting a variance. Such as soil, shape
topography.
A. Jacobs looks at birds eye view from Google and agrees more work needs to be done as to why Applicants
nd
need a variance. The height is too high for not having storage or a 2 floor. Difficult to see the slope. Not sure
P. Koch feels not enough detailed information was provided as to soil, shape, and topography in order to make a
decision on whether or not a variance is required.
M. Lis would like to hear from the abutter next door.
Applicants request a continuance to October 5, 2021.
Timothy Lane and Amy Bergeron, 21 Russett Lane The structure is only about 45 ft. away from this proposed
garage. They are concerned it will reduce the value of their property and are also concerned about privacy. There
is some vegetation that would only provide some privacy in the summer months.
M. Lis asks if it would be as obtrusive if the garage were set further away from the house. The abutters say it
would be a little better but would ideally prefer it to be shorter in height, as well.
Applicant states that the garage would act like a sound barrier.
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Town of North Andover
ZONING BOARD OF APPEALS
Motion made by D. Paul Koch, Jr. to continue to Tuesday, October 5, 2021. Seconded by Steven R. Seide. The
vote to continue is unanimous 5-0.
5. New Public Hearing of 325 Johnson Street
The petition of Kevin Sparks and Alison Sparks for property at 325 Johnson Street (Map 97, Parcel 72),
North Andover, MA 01845 in the R-3 Zoning District. The Applicants are requesting a Variance pursuant to
Town of North Andover Zoning Bylaws Section 195-4.19.C.(2)(c) Non-Disturbance Buffer Zone in the R-3
Zoning District for the purpose of constructing a new garage located in the non-disturbance zone; specifically,
Applicants have requested they be allowed to construct a one and a half story wood frame detached garage with
hin the 100 foot non-disturbance zone.
Clerk reads the Legal Notice into the record.
Jack Sullivan, Sullivan Engineering Group Applicants Kevin and Alison Sparks are looking to construct a 24x30
detached 1.5 story garage. Applications were already submitted to the conservation commission and planning
board. Applicants are trying to preserve existing conditions pursuant to the watershed. Meets all zoning setbacks
and is situated in the center of the lot. The garage was situated for minimal disturbance. The hardship is the
wetland itself.
Motion made by Allan Cuscia to close the public comment. Seconded by Frank J. Killilea. The vote to approve
is unanimous 5-0.
The Board deliberates.
Motion made by A. Cuscia to grant the Variance pursuant to Town of North Andover Zoning Bylaws Section
195-4.19C.(2)(c) Non-Disturbance Buffer Zone within the watershed protection district. Seconded by M. Lis.
A. Jacobs voted yes. A. Cuscia voted yes. P. Koch voted yes. E. McIntyre voted yes. R. Faigen voted yes.
P. Koch makes an announcement that someone from the Royal Crest project will give a presentation to the
Zoning Board for informational purposes only. It will not be a public hearing.
6. Adjournment, meeting adjourned at 9:29 p.m.
Motion made by Michael T. Lis to adjourn the meeting. Seconded by Alexandria A. Jacobs, Esq. The vote to
adjourn is unanimous 5-0.
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