HomeMy WebLinkAbout2022-04-12 Zoning Board of Appeals Minutes Approved 511012022 Town of North Andover ZONING BOARD OF APPEALS Members i,� Associate Members Ronn R. Faigen, Chair Michael T. Lis Alexandria A.Jacobs, Esq., Vice-Chair Steven R. Seide Allan Cuscia, Clerk Frank J. Killilea Ellen P. McIntyre Zoning Enforcement Officer D. Paul Koch,Jr., Esq. ''i Paul G. Hutchins MEETING MINUTES Date of Meeting: Tuesday, April 12, 2022 Time of Meeting: 7:30 p.m. Location of Meeting: Town Hall, 120 Main Street,North Andover, MA 01845 Signature: Jennifer Batters6y Town Clerk Date Stamp: 1. Call to Order called at 7:31 p.m. Members Present: Ronn R. Faigen, Alexandria A. Jacobs, Esq., Allan Cuscia, D. Paul Koch, Jr., Esq., Ellen P. McIntyre, Michael T. Lis, Steven R. Seide, and Frank J. Killilea Staff Present: Jennifer Battersby Gavel given to: Ronn R. Faigen 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 March 08, 2022 meeting minutes. Seconded by P. Koch. The motion to approve is unanimous. 3. Extension re: 3 Great Pond Road The request of Elaine Finbury for property at 3 Great Pond Road (Map 96, Parcel 021), North Andover, MA 01845 in the R-3 Zoning District for a six (6) month extension. The Applicant requests a six (6) month extension of the variances granted by the Board pursuant to a Decision recorded at the Essex North Registry on May 05, 2021 (Bk. 16916, Pg. 23). The variances pertain to Town of North Andover Zoning Bylaws, Section 195-8.5(A) Design Standards for a parking setback, a minimum maneuvering aisle width of 11', and a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-8.5(C)(2) Design standards for a driveway entrance for the proposed multi-family home. Notices and agendas are to be posted 48 horns 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] of 5 Town of North Andover ZONING BOARD OF APPEALS Andrew Caffrey, Esq.,, is representing Applicant. Applicant is requesting a six (6)month extension of the previously granted variances (ZBA Decision recorded May 05, 2021). Applicant has been before the other Boards. The reason for the extension request is that the Historical Society Commission denied the Certificate of Appropriateness. Motion made by A. Cuscia to close public comment. F. Killilea seconded. Motion to close is unanimous. The Board deliberates. Motion made by A. Cuscia to extend the variances for six (6) months. Seconded by P. Koch. R. Faigen voted yes. A. Jacobs voted yes. A. Cuscia voted yes. P. Koch voted yes. M. Lis voted yes. The motion to approve is unanimous 5-0. 4. New Public Hearing of 34 Baldwin Street The petition of Sean Favata for property at 34 Baldwin Street (Map 008.0, Parcel 0041), North Andover, MA 01845 in the R-4 Zoning District. Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195 Attachment 3 Table 2: Summary of Dimensional Requirements for one front setback in the R-4 Zoning District for the purpose of constructing a roof over an existing front porch; specifically, Applicant has requested a front setback needing a relief variance of 3.9 feet (the front setback proposed is 26.1 feet and the front setback required is 30.0 feet). Clerk reads legal notice into the record. Sean Favata has an existing permitted porch (24'x8') and would like to construct a roof over it. The house is east facing and it gets a lot of sun. Motion made by A. Cuscia to close public comment. Seconded by P. Koch. The vote to close is unanimous. The Board deliberates. Motion made by A. Cuscia to grant the variance. Seconded by P. Koch. E. McIntyre voted yes. P. Koch voted yes. A. Cuscia voted yes. A. Jacobs voted yes. R. Faigen voted yes. The vote to approve is unanimous 5-0. The following plans and exhibits were referenced: (1) Certified Plot Plan prepared by Marchionda &Associates, L.P. dated March 07, 2022, containing two (2)pages; and (2) Exhibits A & B, Schematic plans of proposed porch roof prepared by Applicant, undated, containing two (2) pages. 5. New Public Hearing of 1160 Great Pond Road The petition of Brooks School(Boathouse)for property at 1160 Great Pond Road(Map 103.0,Parcel 0028), North Andover, MA 01845 in the R-1 Zoning District. Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-4.19.C.2.c for construction of a new permanent structure in the non-disturbance buffer zone of the watershed protection district. A finding or further variance is requested with respect to Section 195-4.20.F of the Zoning Bylaw because Section 195-4.20.F specifies that new permanent structures within the non-disturbance buffer zone are limited ZBA Minutes for April 12,2022 Page 2 of 5 Town of North Andover ZONING BOARD OF APPEALS to accessory structures or to expansion of structures by less than 25% of gross floor area, the applicant requests that a finding be included within the decision confirming that the proposed new boathouse structure is,in fact, allowed under this provision as an accessory structure, or in the alternative, a further variance is requested from Section 195-4.20.F to allow for an expansion of up to 55% of gross floor area for the replacement structure. Clerk reads the legal notice into the record. Brian Vaughan represents the Applicant. Also present are Paul Griffin, CFO; Andrew Leonard from A. T. Leonard and Assoc. (planning consultant and landscape architect for the project); Anthony Cleaves from Whitman and Bingham; Hayley Ward (project civil engineer). Applicant is seeking to remove two pre-existing boathouses which are currently located within the watershed district and replace them with one larger boathouse. The existing boathouses are located closer to the water. The proposed new boathouse would be farther away from the wetland resource and shoreline area. A. Cuscia asks where Applicant is in the conservation process. Applicant has filed with both Conservation and Planning but have not had hearings yet. Applicant believes the boathouse is, in fact, an accessory structure. Applicant has proposed a structure that is a bit larger than the size restrictions which is why, in the alternative, they would be seeking a variance from the size limitation. E. McIntyre asks if Applicant is asking for a variance or finding and if they should be separate filing applications. Discussions continue regarding the request of the variances/finding. Applicant clarifies that it would like to ensure if the new boathouse is considered to be an accessory structure that it is on the record/decision. E. McIntyre asks what the square footage is of the current vs. proposed boathouse. Both the current existing boathouses total 3,028 sq. ft. Total square footage of the proposed new boathouse is 6,520 sq. ft. M. Lis asks building commissioner what counts as total gross floor area and why he did not think the boathouse qualifies as an accessory structure. P. Hutchins explained that a smaller structure to keep ores, etc. in would be considered an accessory structure. This is a building structure specifically for the boathouse which is the main boathouse structure. Discussions continue regarding how to proceed. Greiz Johnson, 72 Campion Rd is a direct abutter of Brooks School and says Brooks School are great neighbors and asks if the old boathouse with the second floor which is shingled and stained a historic structure? Why is it set back further from the water?Where is the fill going to go? Overall, he supports the project and boating in Town. Applicant states the structure is not old enough to be historic. ZBA Minutes for April 12,2022 Page 3 of 5 Town of North Andover ZONING BOARD OF APPEALS Andrew Leonard says the boathouse is situated further back in an effort to reduce the impact of the water's edge. Setting the building into the hillside will diminish its visual mass. The fill will be reused on campus. Motion to close public comment made by A. Cuscia. Seconded by A. Jacobs. The vote is unanimous. The Board deliberates. Motion made by A. Cuscia to re-open public comment. Seconded by A. Jacobs. The vote is unanimous. R. Faigen asks why the proposed boathouse 53.9% larger than the existing boathouses. Paul Griffin from Brooks School states there were 80 students when the boathouses were initially built. The current rowing program has 80 students with sixteen boats that are launched every day. The current boathouse is not large enough. Cannot safely store the boats including the equipment or repair the boats without taking it to another part of the campus. Greg Johnson comments that the building sits dormant 5-6 months per year. Feels the new building is a safer and better building for people to get in out of the sun or when it rains. Motion made by A. Cuscia to grant the variance pursuant to Section 195-4.19.C.2.c for construction of a new permanent structure in the non-disturbance buffer zone of the watershed protection district. A further variance is requested from Section 195-4.20.F to allow for an expansion of up to 55% of gross floor area. Seconded by A. Jacobs. R. Faigen voted yes. A. Jacobs voted yes. A. Cuscia voted yes. E. McIntyre voted yes. P. Koch voted yes. The following plans and materials were referenced: (1) Site Plan of Proposed Boathouse prepared by Whitman&Bingham Associates dated March 11, 2022, containing one (1) page; (2) Project Area Plans of Proposed Boathouse prepared by A.T. Leonard& Associates dated March 04, 2022, containing six (6)pages (L0.01, L1.00, L1.01, L1.02, L1.03, L1.04); (3) Floor and Elevation Plans of Proposed Boathouse prepared by Olson, Lewis &Architects dated March 04, 2022, containing six (6)pages (A2.0, A3.1, A3.1, A3.1, A3.1, A4.0); (4) Memorandum in Support of Petition for Variance prepared by Brian G. Vaughan, Esq. of Smolak&Vaughan, LLP dated March 16, 2022, containing three (3)pages; and (5) Board of State Examiners of Plumbers and Gasfitter's Decision dated March 15, 2022, containing one (1)page. 6. New Public Hearing of 72 Elm Street The petition of Happy Trails Preschool, LLC for property at 72 Elm Street (Map 042.0, Parcel 0002), North Andover, MA 01845 in the R-4 Zoning District. Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.3.T Daycare center by special permit and Section 195-10.7 Table 1: Summary of Use Regulations in the R-4 Zoning District for the purpose of allowing the use of an interior portion of the pre-existing Trinitarian Congregational Church of North Andover as a Day Care Center. Clerk reads the legal notice into the record. ZBA Minutes for April 12,2022 Page 4 of 5 Town of North Andover ZONING BOARD OF APPEALS Kate Bargnesi, Esq. represents the Applicant and is seeking to open a preschool in the pre-existing Trinitarian Church. Applicant will be leasing two classrooms from the church and have rights to use the existing fenced in play area. Preschool will be able to accommodate 24 students. Operation hours will be M-F 7:30am—4:30pm. There will be a 2-year-old classroom with 5 students and 1 teacher and 3-4-year-old classroom for up to 19 students with three teachers. There is adequate parking. E. McIntyre asks if Applicant is aware that there are wireless panels on the facility. Applicant is not aware. Discussions continue with building commissioner regarding whether or not there is a Bylaw that would not allow a school/daycare to operate within a certain distance of wireless panels. Motion made by A. Cuscia to close the public comment. Seconded by P. Koch. The vote to close is unanimous. The Board deliberates. Motion made by A. Cuscia to grant the variance pursuant to Section 195-4.3.T with the final approval per code. Seconded by A. Jacobs. R. Faigen voted yes. A. Jacobs voted yes. A. Cuscia voted yes. E. McItnyre voted no. P. Koch voted yes. The vote to approve is granted 4-1. 7. Miscellaneous a. Chair mentions three letters for the record. Two from Community Housing and one from Citizens' Housing. 8. Adiournment Motion made by A. Cuscia to adjourn the meeting. Seconded by P. Koch. The vote to adjourn is unanimous. ZBA Minutes for April 12,2022 Page 5 of 5