HomeMy WebLinkAbout2021-10-05 Zoning Board of Appeals Minutes
Approved November 09, 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, October 05, 2021
Time of Meeting: 7:30 p.m.
Location of Meeting: Town Hall, 120 Main Street, North Andover, MA 01845 and Virtual
Signature: Jennifer Battersby
Town Clerk Date Stamp:
1. Call to Order called at 7:33 p.m.
Members Present: D. Paul Koch, Jr., Esq., Ronn R. Faigen, Ellen P. McIntyre (via remote participation),
Alexandria A. Jacobs, Esq. (via remote participation), and Michael T. Lis
Staff Present: Jennifer Battersby
Gavel given to: D. Paul Koch, Jr.
Pledge of Allegiance
Chairman reads the Supplemental Hybrid Legal Notice into the record.
2. Acceptance of Minutes
Motion made by R. Faigen to accept the September 14, 2021 meeting minutes. Seconded by M. Lis. P. Koch
voted yes. R. Faigen voted yes. A. Jacobs voted yes. E. McIntyre voted yes. M. Lis voted yes. The vote to
approve is unanimous 5-0.
3. 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-
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).
Homeowner, Maria Nemchuk is in attendance and requests a withdrawal of her variance application. The signed
request for withdrawal has previously been submitted to the Zoning Department.
Motion made by R. Faigen to allow the withdrawal without prejudice of the variance application. Seconded by
M. Lis. P. Koch voted yes. R. Faigen voted yes. A. Jacobs voted yes. E. McIntyre voted yes. M. Lis voted yes.
The vote to approve is unanimous 5-0.
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 2
Town of North Andover
ZONING BOARD OF APPEALS
4. Continued 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).
The applicant, John Brunette has submitted an updated proposed porch plan to tear down the current covered
porch which is rotted and replace it with a ing
A. Jacobs reads email from an abutter, Gregg Fratto, into the record in support of application.
Motion made by M. Lis to close the public comment. Seconded by R. Faigen. P. Koch voted yes. R. Faigen
voted yes. A. Jacobs voted yes. E. McIntyre voted yes. M. Lis voted yes. The vote to close is unanimous 5-0.
The Board deliberates.
Motion made by R. Faigen to approve the variance pursuant to Town of North Andover Zoning Bylaws,
Section 195-7.3, Table 2: Summary of Dimensional Requirements in the R-2 Zoning District for a relief
variance of 5.7 feet (the side setback proposed is 24.3 and the side setback required per Table 2 is 30.0 feet). In
accordance with the following plans and exhibis:
(1) Plot Plan of Land prepared by David P. Terenzoni, P.L.S. dated May 09, 2021, revised September
03, 2021 and September 17, 2021, containing one (1) page; and
(2) Porch and Deck Plan prepared by Archadeck of Suburban Boston dated April 15, 2021, containing
one (1) page.
Seconded by M. Lis. P. Koch voted yes. R. Faigen voted yes. A. Jacobs voted yes. E. McIntyre voted yes.
M. Lis voted yes. The vote to approve is unanimous 5-0.
5. Acceptance of 2022 Meeting Schedule
Motion made by R. Faigen to accept the 2022 Meeting Schedule. Seconded by M. Lis. P. Koch voted yes. R.
Faigen voted yes. A. Jacobs voted yes. E. McIntyre voted yes. M. Lis voted yes.
6. Miscellaneous
Chapter 40B correspondence from Marcus, Errico, Emmer & Brooks, P.C. dated September 23, 2021 regarding
Property located at 54 Compass Point, North Andover.
7. Adjournment 7:56 p.m.
Motion made by M. Lis to adjourn. Seconded by R. Faigen. P. Koch voted yes. R. Faigen voted yes. A. Jacobs
voted yes. E. McIntyre voted yes. M. Lis voted yes. The vote to adjourn is unanimous 5-0.
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