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HomeMy WebLinkAbout2022-01-11 Zoning Board of Appeals Minutes Approved February 08, 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, January 11, 2022 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., 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 (via remote participation) 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 December 14, 2021 meeting minutes. Seconded by Frank J. Killilea. F. Killilea voted yes. A. Jacobs voted yes. S. Seide voted yes. A. Cuscia voted yes. P. Koch voted yes. The vote to approve is unanimous 5-0. 3. 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 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 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 3 Town of North Andover ZONING BOARD OF APPEALS Chair summarizes the legal opinion memorandum of Town Counsel which is attorney-client privilege. Town Counsel is of the opinion that the building inspector was correct in denying the building permit because the lot does not meet the dimensional requirements. A. Jacobs is recused. Board discusses attorney-client privilege and whether or not to share the memorandum with Applicant. S. Kiefer morandum in order to prepare for the next hearing. Motion made by A. Cuscia to break the attorney-client privilege Seconded by M. Lis. M. Lis voted yes. A. Cuscia voted yes. E. McIntyre voted no. P. Koch voted no. F. Killilea voted yes. The vote to approve is granted 3-2. Applicant requests a continuance to the next hearing of the ZBA. Motion made by A. Cuscia to continue the matter to February 8, 2022. Seconded by F. Killilea. S. Seide voted yes. M. Lis voted yes. E. McIntyre voted no. A. Cuscia voted yes. P. Koch voted yes. The vote to continue is granted 4-1. 4. 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- 4 Zoning District for the purpose of const 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-e; specifically, 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). Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS 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). A. Jacobs is recused. Applicant requests a continuance to the next hearing of the ZBA. Motion made by A. Cuscia to continue the matter to February 8, 2022. Seconded by M. Lis. Ms. Lis voted yes. S. Seide voted yes. E. McIntyre voted no. A. Cuscia voted yes. P. Koch voted yes. The vote to continue is granted 4-1. 5. Board Elections for 2022 The positions of Chair, Vice-Chair, and Clerk for the Zoning Board of Appeals are open for election. Motion made by E. McIntyre to appoint Ronn R. Faigen as Chair, Alexandria A. Jacobs, Esq. as Vice- Chair, and Allan Cuscia as Clerk of the Zoning Board of Appeals. Seconded by M. Lis. E. McIntyre voted yes. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. S. Seide voted yes. A. Cuscia voted yes. P. Koch voted yes. The vote to approve is unanimous 7-0. 6. Adjournment Motion made by M. Lis to adjourn the meeting. Seconded by S. Seide. M. Lis voted yes. F. Killilea voted yes. S. Seide voted yes. P. Koch voted yes. E. McIntyre voted yes. The vote to adjourn is unanimous 5-0. Page 3 of 3