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Home My WebLink About2022-08-16 Zoning Board of Appeals Minutes Approved 912712022 Town of North Andover ZONING BOARD OF APPEALS Members Associate Members Ronn R. Faigen, Chair w Frank J.Killilea Alexandria A. Jacobs, Esq., Vice-Chair Laura Craig-Comin Allan Cuscia, Clerk James M.Testa Michael T. Lis Zoning Enforcement Officer Steven R. Seide Paul G.Hutchins MEETING MINUTES Date of Meeting: Tuesday, August 16, 2022 Time of Meeting: 7:30 p.m. Location of Meeting: Town Hall, 120 Main Street,North Andover, MA 01845 Signature: Jennifer�Battersdy Town Clerk Date Stamp: 1. Call to Order called at 7:30 p.m. Members Present: Ronn R. Faigen, Michael T. Lis, Steven R. Seide, Frank J. Killilea, and James M. Testa(non-voting member) Staff Present: Jennifer Battersby Gavel given to: Ronn R. Faigen Chair reads supplemental legal notice into the record. Pledge of Allegiance 2. Acceptance of Minutes Motion made by M. Lis to accept the June 14, 2022 meeting minutes. Seconded by S. Seide. The motion to approve is unanimous 4-0. 3. Continued 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)). 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 W. McCarthy is at the podium and requests to withdraw the petition without prejudice. Motion to close the public hearing made by F. Killilea. Seconded by M. Lis. The vote to close is unanimous 4-0. Motion made by M. Lis to approve the request to withdraw. Seconded by S. Seide. The vote to approve is unanimous 4-0. 4. New Public Hearing of 33 Martin Avenue The petition of Wing Wah Mak&Kathleen E. Mak for property at 33 Martin Avenue (Map 045.G,Parcel 0012),North Andover,MA 01845 in the R-4 Zoning District. The 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 rear setback in the R-4 Zoning District for the purpose of constructing an addition onto the existing home; specifically,Applicant has requested a rear setback needing a relief variance of 6 ft. (rear setback proposed is 24 ft.,rear setback required per Table 2 is 30 feet). Tim Mak is at the podium. Applicant lives at the Property with his mother and father. He is requesting to add extra living space above the garage and behind the garage. They have lived at the property since 1994 and he is moving back from Hong Kong with his wife and daughter to help out his parents. R. Faigen asks if the additional kitchen and bathroom would make it an in-law apartment. The building commissioner states that it would not. The family suite is the separation from the rest of the house. F. Killilea asks if they are enclosing the front porch. The Applicant states they are adding a farmer's porch but nothing enclosed. S. Seide asks about the difference of the existing roof versus the new addition and if the new addition will be consistent with the existing roof. Chair is reminded to read the Legal Notice into the record. S. Seide reads the Legal Notice into the record. S. Seide asks if the tree in the backyard will stay. Applicant states that the tree will stay. M. Lis asks what the hardship is for this Variance request. Applicant states he does not know and was unaware and states that he is not in wetlands. Discussions continue regarding possible hardships and M. Lis notes that house is pressed up against the limit and has nowhere to go without requiring a variance. Board asks if there has been any input from any of the neighbors. Applicant states one of his neighbors is in attendance and also spoke with other abutters. John Mendonza 49 Martin Avenue has lived there for 28 years. He is very supportive of the proposed addition and thinks it is well designed and meets the appropriate need for a growing family. Motion made by M. Lis to close public comment. Seconded by F. Killilea. The vote to approve is unanimous 4-0. ZBA Minutes for August 16,2022 Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS The Board deliberates. Motion made by M. Lis to approve the requested Variance pursuant to Section 195, Attachment 3 Table 2: Summary of Dimensional Requirements for one rear setback. Seconded by S. Seide. The vote to approve is unanimous 4-0. The following plans and exhibit were referenced: (1) Plot Plan prepared by Alexander Crucioli dated June 09, 2022, containing one(1)page; and (2) Proposed Additions &Renovations of elevations and floor plans prepared by Martha Macinnis dated June 06,2022, containing eleven(11)pages (pages 1 through 10,page X). 5. New Public Hearing of 40 Patriot Street The petition of James J. Curtin and Linda L. Curtin for property at 40 Patriot Street(Map 013.0, Parcel 0023),North Andover,MA 01845 in the R-4 Zoning District. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks)for one left side setback in the R-4 Zoning District for the purpose of installing a storage shed on the property; specifically,Applicant has requested a left side setback needing a relief variance of 9 ft. (side setback proposed is 11 ft., side setback required is 20 ft). Applicant, Jim Curtin, is at the podium. He has lived in Town since 1975. He would like to add a storage shed. There is no other area on the property that the shed could fit without needing a variance. He spoke with his neighbor who is fine with it and the back yard abuts Grogan's field. The left side is Gilbert Street, so they don't have a lot of houses up against the property. S. Seide confirms Applicant does not have a garage. Applicant states will only see the top of the shed from the front of Patriot Street since there is an 8 ft. fence. F. Killilea asks about the yard slope and Applicant states the yard slopes down towards Patriot Street. Motion made by M. Lis to close public comment. Seconded by S. Seide. The Board deliberates. Motion made by M. Lis to approve the variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks)for one left side setback in the R-4 Zoning District. Seconded by S. Seide. The vote to approve is unanimous 4-0. The following plans and exhibits were referenced: (1) Certified Plot Plan prepared by Scott L. Giles dated April 1, 1999 including applicant's hand-drawn dimensions of proposed shed, containing one (1)page; and (2) Eastern Shed Company Purchase Order for 8' x 16' shed with schematics prepared for Applicants dated May 11, 2022, containing one(1)page. 6. Discussion a. September ZBA meeting date. The ZBA will not have a quorum on the next regularly scheduled hearing date of September 13,2022. Motion made by R. Faigen to postpone the September 13, 2022 ZBA meeting to September 27, 2022. Seconded by S. Seide. The vote to close is unanimous 4-0. ZBA Minutes for August 16,2022 Page 3 of 4 Town of North Andover ZONING BOARD OF APPEALS 7. Miscellaneous Correspondence a. Chair mentions for the record, 40B Correspondence dated July 20, 2022 from Brock& Scott regarding Notice of Foreclosure. 8. Adiournment Motion made by M. Lis to adjourn the meeting. Seconded by S. Seide. The vote to adjourn is unanimous 4-0. ZBA Minutes for August 16,2022 Page 4 of 4