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Home My WebLink About2021-05-11 Zoning Board of Appeals Minutes Approved June 22, 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, May 11, 2021 Time of Meeting: 7:30 p.m. Location of Meeting: Virtual Meeting Signature: Jennifer Battersby Town Clerk Date Stamp: 1. Call to Order called at 7:32 p.m. Members Present: D. Paul Koch, Jr., Esq., Allan Cuscia, 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 Ellen P. McIntyre to approve the April 13, 2021 and April 20, 2021 meeting minutes. Seconded by Steven R. Seide. F. Killilea voted yes. S. Seide voted yes. A. Jacobs voted yes. E. McIntyre voted yes. P. Koch voted yes. 3. Continued Public Hearing of 43 Linden Avenue, Lots A & B (Discussed Simultaneously (Request to Withdraw) 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. 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 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. Tom Zahoruiko, on behalf of applicant, is requesting a withdrawal without prejudice of the petition for a variance for 43 Linden Avenue Lot A and Lot B. Motion made by Ellen P. McIntyre to withdraw without prejudice the variance application for 43 Linden Avenue, Lot A. Seconded by Michael T. Lis. S. Seide voted yes. M. Lis voted yes. A. Jacobs voted yes. E. McIntyre voted yes. P. Koch voted yes. Motion made by Ellen P. McIntyre to withdraw without prejudice the variance application for 43 Linden Avenue, Lot B. Seconded by Steven R. Seide. F. Killilea voted yes. M. Lis voted yes. A. Jacobs voted yes. E. McIntyre voted yes. P. Koch voted yes. 4. New Public Hearing 1740 Turnpike Street The Petition of Robert Michaud for property at 1740 Turnpike Street (Map 107.B, Parcel 0021), North Andover, MA, 01845 in the District. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-6.6 Permitted Signs in the VR Zoning District for the purpose of allowing a 18.75 sf sign; specifically, Applicant has requested a sign size needing a relief variance of 16.75 sf (the sign size proposed is 18.75 sf and the sign size required is 2 sf). A. Cuscia reads the Legal Notice into the record. Jack Creahan is speaking on behalf of Superior Rate Mortgage which is a tenant in the old Girl Scout building at 1740 Turnpike Street. They are looking to have a sign installed and were under the impression is was in a business district however it is residential. Is looking to have an 18.75 sign installed. Typically, 25 sf signs are allowed in business district. It is going to follow all other setbacks and replace a temporary. E. McIntyre states the dimensions and application is lacking. How big is sign? (Length, width, depth, height) How tall is the sign? How far is the sign going to be from the ground? Will it be illuminated? Where is the specific placement of the sign? What are posts made of? How high are posts? What are the exact dimensions of the posts? Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS A. Jacobs asks what the dimensions are of other signs in the area and states that he is asking for almost ninety percent relief. P. Koch asks what material the sign is made of. Mr. Creahan says he believes it is vinyl. F. Killilea asks if there are other tenants with a chance to have signage. Mr. Creahan states there are two units. There is a second unit for lease. A. Jacobs asks if there will be a completely separate sign or if they will use the same sign? Discussions continue regarding requested information. Motion made by Allan Cuscia to all speak in order and that no one shall speak on top of one another. Seconded by Steven R. Seide. F. Killilea voted yes. M. Lis voted yes. A. Jacobs voted yes. A. Cuscia voted no. P. Koch voted yes. S. Seide voted yes. The vote is approved 4-1. P. Koch asks Mr. Creahan if he is clear on what some of the Board members have requested. Mr. Creahan states yes. th The meeting will be continued until the next meeting which is June 8. Motion made by Ellen P. McIntyre to continue to June 8, 2021. Seconded by Steven R. Seide. F. Killilea voted yes. M. Lis voted yes. E. McIntyre voted yes. A. Cuscia voted yes. P. Koch voted yes. Motion to continue is unanimous 5-0. 5. New Public Hearing of 510-530 Turnpike Street The Petition of John F. McGarry, Trustee of Pico Trust for property at 510-530 Turnpike Street (Map 0025, Parcel 64), North Andover, MA 01845 in the General Business Zoning District. The Applicant is requesting a modification of previously approved Variances pursuant to a Notice of Decision-Year 2003 for Petition 2003-007 (Corrected Copy) recorded at Essex (North) County Registry of Deeds Book 7917, Page 145. The modification being sought is to amend the conditions imposed upon the approval; specifically, the Applicant seeks the elimination of Condition #2 ("No portion of 510 or 530 Turnpike Street to be used for restaurant, or any food-related retail business or fast food outlet; and no portion of 510 Turnpike Street to be used for medical doctor, dentist, or other health care practitioner's office"). For the sake of clarity and removing all doubt, the Applicant is requesting a modification of previously- approved Variances pursuant to a Notice of Decision-Year 2003 for Petition 2003-007 \[original/uncorrected copy\] recorded at Essex (North) County Registry of Deeds Book 7819, Page 097. The modification being sought is to amend the conditions imposed upon the approval; specifically, the Applicant seeks the elimination of Condition #2 ("No portion of either 510 or 530 Turnpike to be used for medical doctor, dentist, or other health care practitioner's office, restaurant, or any food-related retail business or fast food outlet"). Allan Cuscia reads the Legal Notice into the record. Brian Vaughn represents the Applicant and Matt McGarry This property has two buildings on it. The 530 building is currently vacant and the 510 building is fully leased. There were two variances in place one relates to parking which has an increased setback and the second variance was for an aisle width driveway for a one- way drive going around the building. In 2003 when the variance was approved, the ZBA issued the variance subject to a condition that required at no point in time the 510 building be used for any food related businesses. Trying to get the property leased and not having success. There is some interest for people that would have food related interest. Page 3 of 4 Town of North Andover ZONING BOARD OF APPEALS Motion made by Allan Cuscia to close the public comment. Seconded by Michael T. Lis. S. Seide voted yes. A.Jacobs voted yes. E. McIntyre voted yes. A. Cuscia voted yes. P. Koch voted yes. The motion to close is unanimous 5-0. The following plans and other materials were referenced: (1) Memorandum in Support of Petition to Amend Existing Variances by Smolak & Vaughan, undated, containing five (5) pages; (2) ZBA Notice of Decision Year 2003 dated February 24, 2003 (original/uncorrected copy) recorded at Essex (North) County Registry of Deeds Book 7819, Page 097, containing two (2) pages; (3) ZBA Notice of Decision Year 2003 dated June 16, 2003 (corrected copy) with Memorandum re: Corrections dated June 16, 2003 recorded at Essex (North) County Registry of Deeds Book 7917, Page 145, containing three (3) pages; (4) Building Department Denial with attachments dated December 20, 2002, containing eighteen (18) pages; (5) Parking Plan prepared by Landry Architects dated February 11, 2003, containing one (1) page; and (6) Site Plan prepared by Christiansen & Sergi, Inc., undated and unstamped, containing one (1) page (A-1). Motion made by Allan Cuscia to approve the modification of a previously approved variance pursuant to a Notice of Decision 2003 Petition 2003-007. Seconded by Michael T. Lis. M. Lis voted yes. A.Jacobs voted yes. E. McIntyre voted no. A. Cuscia voted yes. P. Koch voted yes. The vote is 4-1 to Grant the motion. 6. Miscellaneous a. 55-57 Furber Avenue. The single family home on the property has been demolished pursuant to the condition in the Zoning Board of Appeals Decision dated February 23, 2021. 7. Adjournment, meeting adjourned at 9:25 p.m. Motion made by Allan Cuscia to adjourn the meeting. Seconded by Steven R. Seide. F. Killilea voted yes. A. Jacobs voted yes. E. McIntyre voted yes. A. Cuscia voted yes. P. Koch voted yes. The vote to adjourn is unanimous 5-0. Page 4 of 4