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HomeMy WebLinkAbout2022-06-14 Zoning Board of Appeals Minutes Approved 8/1612022 Town of North Andover ZONING BOARD OF APPEALS Members w 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. Paul G.Hutchins MEETING MINUTES Date of Meeting: Tuesday, June 14, 2022 Time of Meeting: 7:30 p.m. Location of Meeting: Town Hall, 120 Main Street,North Andover, MA 01845 Signature: Jennifer Battersby 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 Chair reads the Supplemental Hybrid Legal Notice into the record. Pledge of Allegiance 2. Acceptance of Minutes Motion made by A. Cuscia to accept the May 10, 2022 meeting minutes. Seconded by S. Seide. The motion to approve unanimous. 3. Continued Public Hearing of 53 French Farm Road Petition of Brian T. McAnally and Cheryl McAnally for property at 53 French Farm Road (Map 035.0, Parcel 0092),North Andover, MA 01845 in the R-2 Zoning District. The Applicants are requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 4.19.C.0 Construction of a new permanent structure in the R-2 Zoning District for the purpose of constructing an addition onto the pre-existing home which is located in the Lake Cochichewick Watershed Protection District; specifically, Applicant is requesting a variance for relief as to the Watershed Protection District. 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] of 3 Town of North Andover ZONING BOARD OF APPEALS The Applicants are requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.2.Q Family Suite in the R-2 Zoning District for the purpose of allowing a family suite as part of an addition to the premises. The proposed family suite will be 956 square feet. The Applicants are 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 constructing an addition onto the existing home including a garage with a Family Suite; specifically, Applicant has requested a side setback needing a relief variance of 14.4 feet(the side setback proposed is 15.6 feet and the side setback required is 30.0 feet). Applicant requests a withdrawal of petition without prejudice. Motion made by A. Cuscia to withdraw the petition without prejudice. Seconded by Alexandria A. Jacobs. The vote to withdraw is unanimous. 4. New Public Hearing of 161 Campbell Road The petition of William McCarthy and Pamela McCarthy for property at 161 Campbell Road (Map 106.13, Parcel 0079), North Andover, MA 01845 in the R-2 Zoning District. Applicants are requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.2.Q Family Suite in the R-2 Zoning District for the purpose of constructing an addition, for a family suite, onto the existing home. Applicants are requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 2.2 Specific words and phrases for the purpose of constructing an addition, for a family suite, onto the existing home; specifically, Applicants are requesting a relief variance of 219 sf gross floor area ("GFA") (existing GFA of principal dwelling unit is 3,724 sf, proposed Family Suite GFA is 1,150 sf (i.e. 30.8%), maximum GFA allowed is 931 sf(i.e. 25% of principal dwelling unit)). Clerk reads the legal notice into the record. Bill and Pamela McCarthy are at the table. Their son, Tyler McCarthX is in attendance. Applicants would like to add a family suite onto their existing house for the purpose of living in it while their son and his family move into the main house in order to move back to North Andover to raise their family. Received two emails in support from abutters Jeffrey Pellenz at 149 Campbell Road and Aleksandr Yasonik at 168 Campbell Road. Received one email in opposition to the project from abutter, Kristen Prescott, at 173 Campbell Road who is concerned about privacy and the potential for the family suite becoming a rental property. Applicants spoke with their neighbors in advance of the meeting. A. Cuscia is concerned that it could become a two family when the applicants move out. Discussions continue regarding the size of the family suite and the exterior entrance. ZBA Minutes for June 14,2022 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS R. Faigen asks if the trees are on their property or their neighbors. Applicant says they are on his property. P. Koch comments that the family suite is close to the maximum of the code. P. Koch states that the Board may put"conditions" on their decision. Chair announces a two-minute recess. Applicants request to withdraw their petition without prejudice. The Board informs Applicants that if they withdraw their petition and then decided to proceed, they would be required to submit a new application and go through the whole process again, including advertisement of the legal notice. Applicants decide to continue the matter until August 16, 2022. Motion made by M. Lis to continue until August 16, 2022. Seconded by A. Jacobs. The vote is unanimous 5-0. 5. Miscellaneous Chair announces that it is Ellen McIntyre and Paul Koch's last meeting after many years of serving on the Zoning Board of Appeals and thanks them for their service to the Town. Discussions and speeches follow. 6. Adjournment Motion made by E. McIntyre to adjourn the meeting. Seconded by A. Jacobs. The vote to adjourn is unanimous. ZBA Minutes for June 14,2022 Page 3 of 3