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HomeMy WebLinkAbout2021-11-09 Zoning Board of Appeals Minutes Approved December 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, November 09, 2021 Time of Meeting: 7:30 p.m. Location of Meeting: Town Hall, 120 Main Street, North Andover, MA 01845 and Remote 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, Allan Cuscia, Ellen P. McIntyre (via remote participation), Alexandria A. Jacobs, Esq. (via remote participation), Michael T. Lis, Steven R. Seide, and Frank J. Killilea Staff Present: Jennifer Battersby Gavel given to: D. Paul Koch, Jr. Pledge of Allegiance Ronn R. Faigen, Vice Chairman, Chairs this meeting of November 09, 2021. Chair reads the Supplemental Hybrid Legal Notice into the record. 2. Acceptance of Minutes Motion made by M. Lis to accept the October 05, 2021 meeting minutes. Seconded by F. Killilea. 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. New Public Hearing of 564 Chickering Road The petition of Peter March, New Hampshire Signs for property at 564 Chickering Road (Map 070, Parcel 0019), North Andover, MA 01845 in the GB Zoning District. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-6.5, Prohibitions in the GB Zoning District for the illumination; specifically, Applicant has requested a relief variance for an internally illuminated sign. Clerk reads the legal notice into the record. Peter March from New Hampshire Signs requests a variance for internally illuminated signage , 564 Chickering Road. This gas station has fallen into disrepair particularly regarding the canopy and signage. The goal is to uplift and attract new customers. The canopy and main sign have been illuminated for approximately 15-20 years and Mr. March believes they were legally permitted after searching the Town records. The current signage is 323 sf and applicant is looking to reduce it to 102 sf and to add a light bar to the top canopy. 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 Applicant is also looking to replace manual readings with LED moving images which makes it easier to read the prices and improves traffic safety as well as employee safety. The signage is part of a complete system which e all connected and will allow the operator to change remotely. Applicant believes Chapter 48 of the MA State Code protects pre-existing, non-conforming structures. years. P. March responds to the following questions: M. Lis confirms that the only internally illuminated sections on the canopy are the logos and the donkey picture but that everything else will remain externally illuminated. o Yes. E. McIntyre asks if the new sign will be in the same location and if the setbacks will remain the same o Yes, the new sign will use the existing poles. E. McIntyre asks why the logo and donkey will be internally illuminated if it is just the numbers that need to change. o Because it is the brand logo so it is for appearance and safety. Can mix external and internal illumination. S. Seide asks if other locations are implementing new signage and internal illumination. o Yes. R. Faigen asks what hours the lights will be on. o 5am-11pm, only when the gas station is open. P. Koch questions the hardship. o Losing the current internally illuminated sign o The ability to interface the technology portion of the signs o Being able to bundle the gas and car washes Discussions continue regarding hardships. Applicant is car and keep the digits internally illuminated and externally illuminate the top and bottom portion. Motion made by A. Cuscia to close the public comment. Seconded by S. Seide. R. Faigen voted yes. P. Koch voted yes. A. Cuscia voted yes. E. McIntyre voted yes. A. Jacobs voted yes. The vote to approve is unanimous 5-0. Motion made by A. Cuscia to continue until December 14, 2021. Seconded by S. Seide. R. Faigen voted yes. P. Koch voted yes. A. Jacobs voted yes. E. McIntyre voted yes. A. Cuscia voted yes. The vote to continue is unanimous 5-0. 4. New Public Hearing of 34 Wentworth Avenue The petition of Jonathan Grasso for property at 34 Wentworth Avenue (Map 067.0, Parcel 0002), 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, Section 195-7.3 Yards (setbacks), and Section 195-7.8 Exceptions in the R-4 Zoning District. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.1 Lot Area, Table 2: Summary of Dimensional Requirements for lot area in the R-4 Zoning District for the purpose ecifically, Applicant has requested a lot area needing a Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS relief variance of 7,953 square feet (lot area proposed is 4,547 square feet and lot area required per Table 2 is 12,500). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.2 Street Frontage, Table 2: Summary of Dimensional Requirements for street frontage in the R-4 Zoning District frontage needing a relief variance of 52.5 feet (street frontage proposed is 47.5 feet and street frontage required per Table 2 is 100 feet). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3 Yards (setbacks), Table 2: Summary of Dimensional Requirements for one side setback in the R-4 Zoning District side setback needing a relief variance of 2.8 feet (left side setback proposed is 12.2 feet and side setback required per Table 2 is 15 feet). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3 Yards (setbacks), Table 2: Summary of Dimensional Requirements for one side setback in the R-4 Zoning District side setback needing a relief variance of 2.7 feet (right side setback proposed is 12.3 feet and side setback required per Table 2 is 15 feet). Clerk reads the legal notice into the record. A. Jacobs recuses herself. Stephanie Keifer, Esq. from Smolak & Vaughn on behalf of the applicant, Jonathan Grasso Applicant is requesting a continuance of the hearing to December 14, 2021 as the variance application filed was intended to be an appeal of the building i like to file an appeal and re-notice for the next meeting. E. McIntyre asks why Applicant is requesting a reversenial. Applicant states that it takes the position that the property is a pre-existing, non-conforming lot and therefore a variance would not be required. Julie Desmond, 25 Highland View Ave. reads letter opposing the application into the record. Submits letter Jack Maffei, 30 Wentworth Ave. lives directly next door and opposes the application, lot is too small. Steven Buturlia, 24 Wentworth Ave. opposes the proposed construction due to poor drainage. Submits photos of water pooling in street. BarriAnn Fitzgibbons, 25 Wentworth Ave. asks the Board to do their due diligence. GraceAnn Remmes, 52 Highland View Ave. neighborhood is being hit hard by a lot of development, opposes the project and asks the board to please follow bylaws. Michael Young, 40 Wentworth Ave. opposes the project. Motion made by A. Cuscia to continue until December 14, 2021. Seconded by M. Lis. R. Faigen voted yes. P. Koch voted yes. E. McIntyre voted yes. A. Cuscia voted yes. M. Lis voted yes. The vote to continue is unanimous 5-0. Page 3 of 4 Town of North Andover ZONING BOARD OF APPEALS Adjournment 8:53 p.m. Motion made by P. Koch to adjourn the meeting. Seconded by R. Faigen. R. Faigen voted yes. P. Koch voted yes. E. McIntyre voted yes. A. Cuscia voted yes. A. Jacobs voted yes. The vote to adjourn is unanimous. Page 4 of 4