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HomeMy WebLinkAbout2021-12-14 Zoning Board of Appeals Minutes Approved January 11, 2022 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, December 14, 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 7:34 p.m. Members Present: D. Paul Koch, Jr., Esq., Ronn R. Faigen (via remote participation), Allan Cuscia, Ellen P. McIntyre (via remote participation), Alexandria A. Jacobs, Esq. (via remote participation), Steven R. Seide, and Frank J. Killilea Staff Present: Jennifer Battersby Gavel given to: D. Paul Koch, Jr. Pledge of Allegiance Chair reads the Supplemental Hybrid Legal Notice into the record. 2. Acceptance of Minutes Motion made by A. Cuscia to accept the November 11, 2021 meeting minutes. Seconded by S. Seide. P. Koch voted yes. R. Faigen voted yes. A. Cuscia voted yes. A. Jacobs voted yes. E. McIntyre voted yes. The vote to approve is unanimous 5-0. 3. Continued 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 purpose of allowing refurbishment site and to continue existing internal illumination; specifically, Applicant has requested a relief variance for an internally illuminated sign. Peter March listened to what the board had to say at the previous meeting and has submitted the revised plans showing reduced internal illumination on the signs. Only the prices will be internally illuminated. Applicant will externally illuminate the canopy with a downward light. Reduces the total area of the 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 5 Town of North Andover ZONING BOARD OF APPEALS signage by approximately 45%. Reduces the light output by about 50%. The Board is pleased with the requests from the previous meeting. E. McIntyre asks why the prices update every fifteen seconds. P. March explains it toggles between the car wash price and the gas price. Motion made by A.Cuscia to close the public comment. Seconded by S. Seide. P. Koch voted yes. R. Faigen voted yes. A. Cuscia voted yes. E. McIntyre voted yes. A. Jacobs voted yes. 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 195-6.5, Prohibitions. Seconded by Frank J. Killilea. A. Cuscia voted yes. E. McIntyre voted yes. A. Jacobs voted yes. R. Faigen voted yes. P. Koch voted yes. The vote to approve is unanimous 5- 0. The following plans and other materials were referenced: (1) Land Title Survey prepared by Cammett Engineering dated January 26, 2015, containing one (1) page; (2) Revised Proposed Proofs of Sign with External Illumination prepared by NH Signs dated November 15, 2021, containing four (4) pages; (3) CNN Article dated November 20, 2021, containing two (2) pages; and (4) Updated Narrative for the Continued Application for a Variance from Section 195-6.5, undated, containing two (2) pages. 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 a Finding pursuant to Town of North Andover Zoning Bylaws, Section 195-7.8 Exceptions in the R-4 Zoning specifically, Applicant seeks a Finding from Town of North Andover Zoning Bylaws for the application of Section 195-7.8 Exceptions to the requirements of Section 195-7.1 Lot Area, Section 195-7.2 Street Frontage, Section 195-7.3 Yards (setbacks), and Table 2: Summary of Dimensional Requirements for the purpose of overturning the Building Inspector's Denial and allowing the const A. Cuscia reads the legal notice into the record. A. Jacobs recuses herself. Stephanie Kiefer, Esq. and Jonathan Grasso are at the table. Attorney Kiefer states that the applicant is challenging the Denial of a building permit issued on October 14, 2021 which stated the proposed dwelling would require four variances. Attorney Kiefer contends the lot is a grandfathered pre-existing, non-conforming lot as it was created in 1906 and predates the zoning laws. Section 7.8 sets out special requirements for pre-1957 lots and therefore Applicant feels because of this exemption, no variances would be required. Alternatively, if the Board does not accept the contention that the Applicant is Page 2 of 5 Town of North Andover ZONING BOARD OF APPEALS grandfathered, that the Board applies Section 7.8 which states that a lot only needs 12 feet of side yard setbacks and 20 feet of front and rear. The current proposal has 30 feet front and rear and more than 12 feet on the side yard setbacks. Discussions continue between Board and Applicant. Board is charged with making the determination and it is not necessarily always a legal opinion. Chair reads a letter from the Building Commissioner, Paul Hutchins, dated December 14, 2021 into the record. Attorney Kieferof the law as this property adhered to the pre-1974 zoning bylaw and therefore is grandfathered. Motion made by A Cuscia to seek legal opinion of Town Counsel regarding the interpretation of the law. Seconded by F. Killilea. A. Cuscia voted yes. E. McIntyre voted yes. R. Faigen voted yes. S. Seide voted yes. P. Koch voted yes. G. Hall 55 Furber Ave. says most people due diligence. E. Buturlia 24 Wentworth Ave. lives adjacent to 30 Wentworth Ave., Opposes the project. Says the lot is too small and would be out of character with the neighborhood. S. Buturlia 24 Wentworth Ave. Provides updated photos from the rain storm on Saturday. In periods of higher than average precipitation there is flooding. M. Young 40 Wentworth Ave. Jack Maffei of 30 Wentworth Ave., , could not attend the meeting so he wrote a letter. M. Young is concerned about safety. Chair reads letter from Jack Maffei into the record expressing his objection to the proposed construction of the house. J. Pane 33 Wentworth Ave. Echoes everything that has been said and states h Purchased his home in 2020 and would not have bought it if the proposed home was there. Requests the project not be approved. B. Fitzgibbons Alonzo 25 Wentworth Ave. The house values have increased substantially in the past forty plus years and both the houses her family owns in this neighborhood are situated on double lots. J. Desmond 25 Highland View Ave. submitted a letter at the November meeting under the variance matter and will resubmit for this application. The lot was empty in 2012 when she purchased her house and there have been multiple attempts to purchase the subject lot. J. Desmond believes the attempts were denied based on the owner not feeling the offers were a good value. L. LaFrance 62 Timberlane Rd., Hampstead, NH Ms. LaFrance is the realtor involved and states there was only one verbal offer received and it was from Ms. Desmond. The family could not build on it in previous years due to financial hardships. S. Buturlia has never seen anyone else maintain the property. The neighbors have kept up the property. Page 3 of 5 Town of North Andover ZONING BOARD OF APPEALS B. Fitzgibbons Alonzo states that subject lot show an interest. Mr. LaFrance states in 1998 he cleared the trees and cleaned up the lot. Motion made by A Cuscia to continue the matter to January 11, 2022. Seconded by S. Seide. E. McIntyre voted yes. A Cuscia voted yes. R. Faigen voted yes. F. Killilea voted yes. P. Koch voted yes. The vote is unanimous 5-0. 5. Continued 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 requested a lot area needing a 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- Applicant has requested street 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- Applicant has requested a left 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- Applicant has requested a right 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). The Board voted to continue this matter to the next hearing of January 11, 2022 due to the unresolved finding application. Motion made by A. Cuscia to continue the matter to January 11, 2022. Seconded by F. Killilea. E. McIntyre voted yes. A. Cuscia voted yes. R. Faigen voted yes. S. Seide voted yes. P. Koch voted yes. The vote to approve was unanimous 5-0. Page 4 of 5 Town of North Andover ZONING BOARD OF APPEALS 6. New Public Hearing of 335 Willow Street The petition of Exposé Signs and Graphics, Inc. (Andrew Clark) for property at 335 Willow Street (Map 025.0, Parcel 0074), North Andover, MA 01845 in the I-1 Zoning District. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-6.6.G.3 Permitted Signs/Industrial Districts in the I-1 Zoning District for the purpose of allowing replacement of the existing sign; specifically, Applicant is requesting the placement of a sign needing a relief variance of 32' from the property line (the setback proposed is 8' and the setback required is 40'). Clerk reads the Legal Notice into the record. Patrick Devine Account Manager for Dacon working for Expose Signs hardship is that zoning bylaws were changed after the property was built. The configuration of the parking lot would put the sign well into the parking lot or well into the building. E. McIntyre thinks the sign must have had a prior preapproval from some board and asks for a plot plan that shows it. E. McIntyre recuses herself. Motion made by A. Cuscia to close the public comment. Seconded by S. Seide. F. Killilea voted yes. S. Seide voted yes. S. Seide voted yes. A. Jacobs voted yes. P. Koch voted yes. The vote to close is unanimous 5-0. The board deliberates. Motion made by A. Cuscia to approve the variance. Seconded by F. Killilea. A. Cuscia voted yes. F. Killilea voted yes. A. Jacobs voted yes. S. Seide voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0. The following plans and other materials were referenced: (1) Plan of Land prepared by The Morin-Cameron Group, Inc. dated November 3, 2021 containing one (1) page; and (2) Proof of Proposed Sign prepared by Exposé Signs & Graphics, Inc. dated August 26, 2021 containing one (1) page. 7. Miscellaneous a. 40B CHAPA Letter - Notice of Intent to Sell 8. Adjournment Motion made by A. Cuscia to adjourn the meeting. Seconded by S. Seide. F. Killilea voted yes. P. Koch voted yes. S. Seide voted yes. A. Cuscia voted yes. A. Jacobs voted yes. The vote to adjourn is unanimous 5-0. Page 5 of 5