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HomeMy WebLinkAbout2021-09-14 Zoning Board of Appeals Minutes Approved October 5, 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, September 14, 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., Ellen P. McIntyre (via remote participation), 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 reads the Supplemental Legal Notice into the record. 2. Acceptance of Minutes Motion made by F. Killilea to accept the August 10, 2021 meeting minutes with the addition of Steven R. Seide. Seconded by S. Seide. S. Seide voted yes. M. Lis voted yes. E. McIntyre voted yes. A. Jacobs voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0. 3. Informational Presentation and Overview of Proposed Redevelopment of Royal Crest Estates (1 & 28 Royal Crest Drive), Michael Lozano, Vice President, Development Michael Lozano is at the table presenting. The Royal Crest property is approximately 77 acres. The current buildings and design are very inefficient, encroach on the wetlands and buffer, and require structural work on the buildings. The new design would include retail, hotel, residential buildings (multi-family, senior, and dorms for Merrimack College students), a 2.5+ acre park/green space, and walking paths. It would generate approximately 5.7 million dollars in tax revenue for the Town annually once established. Questions are open to board members only. All questions answered by M. Lozano. P. Koch asks what the yellow and orange colors on the plan represent. o The orange is the Chapter 40B component and the yellow is replacement for current residential apartments and age restricted buildings and 125,000 sf office building. E. McIntyre asks why it has to be 40B friendly. 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 o To allow the use of a comprehensive permit in order to work with the conservation commission and mitigate the loss of those wetlands by building more than twice the area of wetlands. They would get some relief of the conservation bylaws. In addition, the Town of North Andover is under the ten percent of subsidized housing. E. McIntyre also asks (1) if any demolition will be done and (2) what will be the end result for Merrimack Students. o (1) The existing structures will be demolished over the course of eight to nine years and (2) Merrimack College piece is to accommodate the existing students who currently live at Royal Crest. Approximately 1,000 beds are proposed for the student housing. S. Seide asks if the 1,000 beds is exclusive of the 385 units. o The 1,000 beds will be in the equivalent of approximately 250 apartment units and is highlighted in blue and teal. The orange buildings are separate and total 385 units. S. Seide asks where the 5.7 million in tax revenue is coming from o It will be approximately 8-10 years before the Town sees that revenue and that number is an annual estimation, not cumulative. The current taxes are approximately 1.2 million. M. Lis asks if the 40B will be split into lots or if it will be done holistically. o Trinity Financial is working with the Town to create a new overlay district for this project and it would have to be voted on at Town Meeting. M. Lis asks if there has been communication with public transit authorities for improving public transportation. o Trinity Financial has met with Merrimack Valley Public Transit Authority and MASS DOT, as well. P. Koch asks about ingress and egress. o There will be additional traffic lights installed at two locations. F. Killilea asks what the Town Green will consist of. o preserve many of the existing trees. F. Killilea asks if surrounding areas have access to the site. Only at Rte. 114. F. Killilea asks which phase of development will commence first. o The plan is to commence towards the front of the development along the Rte. 114 corridor. Chairman asks what the next public steps are for public input. M. Lozano states that planning is still in the early stages and they are meeting regularly with the Planning Board approximately every couple of weeks. Please see www.northandoverma.gov/royalcrest for more details. 4. Notice of Withdrawal of Continued 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-1 Zoning District for t specifically, 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). The Applicant is not at the meeting and will withdraw the application at the October 5, 2021 hearing as it was originally continued to. 5. Continued 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 Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS 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 n Brian Vaughn, Esq. is at the table representing applicants and has made changes to address the concerns brought up by the Board at the previous meeting. The revised site plan proposes a reduction of the footprint of and shifted the location to the north and east from its previously proposed location, reducing the distance to the wetland from 76.91 to 75.14. The new plan requires a Motion made by M. Lis to close public comment. Seconded by F. Killilea. F. Killilea voted yes. M. Lis voted yes. E. McIntyre voted yes. A. Jacobs voted yes. P. Koch voted yes. Motion to approve is unanimous 5-0. The Board deliberates. Motion made by M. Lis to approve the 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 yes. A. Jacobs voted yes. P. Koch voted no. The motion is approve 4-1. The following plans were referenced: (1) Plan of Land prepared by Merrimack Engineering Services dated May 24, 2021, revised August 31, 2021, containing one (1) page; (2) Proposed Garage Plan prepared by M.P. Murphy Builders dated March 1, 2021, revised August 31, 2021, containing two (2) pages (G1 & G2); (3) Memorandum in Support of Petition for Variance with exhibits prepared by Brian G. Vaughan, Esq. dated August 6, 2021, containing seven (7) pages; and (4) Supplemental Memorandum with exhibits prepared by Brian G. Vaughan, Esq. dated September 2, 2021, containing five (5) pages. 6. New Public Hearing of 227 Berry Street The petition of John Brunette and Celia Brunette for property at 227 Berry Street (Map 106.D, Parcel 0051), North Andover, MA 01845 in the R-2 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-2 Zoning District for the purpose of demolishing an existing screen porch and replacing it with a new screen porch; specifically, Applicant has requested a side setback needing a relief variance of 6.0 feet (the side setback proposed is 24.0 feet and the side setback required per Table 2 is 30.0 feet). M. Lis reads the legal notice into the record. Applicant John Brunette requests a continuance to the next ZBA meeting. S. Seide asks if applicant is on septic and if they get their water from a well. Applicant states that is correct. Motion made by M. Lis to approve continuance. Seconded by F. Killilea. F. Killilea voted yes. M. Lis voted yes. E. McIntyre voted yes. A. Jacobs voted yes. P. Koch voted yes. Motion to approve is unanimous 5-0. Page 3 of 4 Town of North Andover ZONING BOARD OF APPEALS 7. New Public Hearing of 1004 Salem Street The petition of Carmen Henriquez-Lopez and Francisco Bonilla for property at 1004 Salem Street (Map 104.D, Parcel 0031), 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, Table 2: Summary of Dimensional Requirements for one side setback in the R-2 Zoning District for the purpose of constructing an addition onto the existing house with a two car garage; specifically, Applicants have requested a side setback needing a relief variance of 10.62 feet (the side setback proposed is 19.38 feet and the side setback required per Table 2 is 30.0 feet). M. Lis reads the legal notice into the record. Carmen Henriquez-Lopez and Francisco Bonilla are requesting a variance for a side setback in order to allow an addition to include a first floor master bedroom, bathroom and larger kitchen. Ms. Henriquez-Lopez has health issues that make it difficult to climb stairs and her 95 year old father who is wheelchair bound resides with them. Discussions continue about the size of the garage and driveway and difficulty getting in and out of the garage. Motion made by M. Lis to close public comment. Seconded by S. Seide. F. Killilea voted yes. S. Seide voted yes. E. McIntyre voted yes. A. Jacobs voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0. The Board deliberates. Motion made by M. Lis to approve the 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-2 Zoning District. Seconded by E. McIntyre. F. Killilea voted yes. S. Seide voted yes. E. McIntyre voted yes. A. Jacobs voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0. The following plans were referenced: (1) Plan of Land prepared by Merrimack Engineering Services dated August 10, 2021, containing one (1) page; (2) Proposed Elevation Plans of Garage prepared by Kelloway Drafting Service dated August 17, 2021, containing one (1) page; and (3) Proposed Floor Plans prepared by Kelloway Drafting Service dated August 17, 2021, containing one (1) page. 8. Miscellaneous Chapter 40B correspondence. Notice of Intent to Foreclose from Korde & Associates, P.C. dated August 18, 2021 regarding Property located at 180 Chickering Road. 9. Adjournment, meeting adjourned at 9:02 p.m. Motion made by M. Lis to adjourn the meeting. Seconded by A. Jacobs. F. Killilea voted yes. S. Seide voted yes. A. Jacobs voted yes. M. Lis voted yes. P. Koch voted yes. The vote to adjourn is unanimous 5-0. Page 4 of 4