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HomeMy WebLinkAbout2022-09-27 Zoning Board of Appeals Minutes Approved 1111512022 Town of North Andover ZONING BOARD OF APPEALS Members w Associate Members Ronn R. Faigen, Chair 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, September 27, 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 7:35 p.m. Members Present: Ronn R. Faigen(remote,non-voting),Alexandria A. Jacobs, Esq. (remote), Allan Cuscia,Michael T. Lis, Steven R. Seide,Frank J. Killilea, Laura Craig-Comin, and James M. Testa Staff Present: Jennifer Battersby Gavel given to: Allan Cuscia(Acting Chair) Michael T. Lis (Acting Chair for 15-17 Furber Avenue) Pledge of Allegiance Chair reads supplemental legal notice into the record. 2. Acceptance of Minutes Motion made by S. Seide to accept the meeting minutes from August 16,2022. Seconded by M.Lis. The motion to approve is unanimous. 3. New Public Hearing of 476 Great Pond Road The petition of Edward C.Nieburger and Gayle D.Nieburger for property at 476 Great Pond Road (Map 064.0,Parcel 0022,North Andover,MA 01845 in the R-1 Zoning District. The Applicant is requesting Variances pursuant to Town of North Andover Zoning Bylaws Section 195-4.19.C.0 Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals and Section 195-7.4 Table 2: Summary of Dimensional Requirements in the R-1 Zoning District for the purpose of constructing a new single family house on the lot; specifically,Applicants have requested a building height needing a relief variance of 3 ft. (building height proposed is 38 ft.,building height required per Table 2 is 35 ft.). M. Lis (acting clerk)reads the legal notice into the record. Jack Sullivan, Project Engineer The applicants have owned this property since 1985. There is an existing house on the 4.2 acre lot on the waterfront,located between the Country Club and the water treatment plant. Applicants are proposing to construct their dream home and meets all dimensional requirements for setbacks and frontage. 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. Pagel of 4 Town of North Andover ZONING BOARD OF APPEALS Bill Balkus, asked the building inspector how to measure height and was told from the four corners straight up to the highest point(38 ft.)which is 3 ft. above the required limit of 35 ft. The only part of the house that is above 35 ft. is the center portion of the house. Applicants have three letters from abutters in support of the project. M. Lis asks about the hardship. J. Sullivan notes there is a substantial grade change between Great Pond Road and the lake. Over an acre of land is under a green belt restriction and nothing can be built. Based on lot shape and topography he feels Applicants do have a hardship. A Jacobs believes that given the size of the house there is no reason it couldn't be built and not need the 3 ft. variance. Discussions continue regarding the size of the house and the need for a height variance. Motion made by M. Lis to grant the variances pursuant to Section 195-4.19.C.0 Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals and Section 195-7.4 Table 2: Summary of Dimensional Requirements. Seconded by S. Seide. The motion is granted 4-1. A. Cuscia voted yes. M. Lis voted yes. S. Seide voted yes. F. Killilea voted yes. A. Jacobs voted no. 4. New Public Hearing of 170 Pleasant Street The petition of Yann Oliveira for property at 170 Pleasant Street(Map 070.0,Parcel 0020),North Andover,MA 01845 in the GB Zoning District. The Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.12.I Day-care center by special permit in the GB Zoning District for the purpose of using the Property as a day-care. M. Lis (acting clerk)reads the legal notice into the record. Yann Oliveira and Architect,John Sava are at the table. Applicant, Lauriann Messina, Owner&Director is seeking to open another daycare facility. The current/first location is located at First Calvary Baptist Church, 586 Massachusetts Avenue. Mr. Oliveira states they are not expanding the footprint.It will mostly be interior work. The only outside changes are a six-foot privacy fence with a playground area. F. Killilea asks about other regulations or licenses. Applicant states she will follow all regulations and licensure from the State of Massachusetts but there are no other boards they need to go before. S. Seide asks if Applicant has any association with the daycare center on the other side of Haffner's Gas Station. Applicant states her daycare is independent and the other one is corporate. L. Craig-Comin asks about the parking and drop-off/pickup procedures and is concerned about cars backing out of the parking lot into the intersection. Applicant states the parents/guardians will park in the front of the building, staff to the right and the playground will be on the other side. Applicant also states that drop-off and pickup will be staggered between a 3-4-hour period therefore feels that there are no concerns regarding the busy street/intersection. Joyce Cegelis of 171-173 Pleasant Street has concerns for safety and questions where the children will enter and if there will be fencing. States it is a busy intersection. Ms. Sagailes also asked if it is zoned as residential. P. Hutchins states that the Property is in the General Business Zoning District.Applicant states there will be a ZBA Minutes for September 27,2022 Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS six-foot privacy fence around the playground area. The children will be entering through the front of the building. Joe Levis of 160 Pleasant Street is a direct abutter to the left. The facility has been vacant several years and states it needs repairs. Mr. Levis is in support of the Applicant establishing a daycare at the Property. He thinks it will be a real asset to the community. Motion made by A. Cuscia to close the public hearing. Seconded by S. Seide. The vote to close is unanimous. The Board deliberates. Motion made by M. Lis to grant the special permit. Seconded by S. Seide. A. Cuscia voted yes. A. Jacobs voted yes. M. Lis voted yes. S. Seide voted yes. L. Craig-Comin voted yes. The vote to approve is unanimous 5-0. 5. New Public Hearing of 15-17 Furber Avenue The petition of Hassan H. Goaless, Manager of the Al Rayyan Group, LLC for property at 15-17 Furber Avenue(Map 067.0, Parcel 0083), North Andover,MA 01845 in the R-4 Zoning District. The Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-10.7 and Subsection N(2) and N(4) of this section for the conversion of an existing dwelling to not more than five residential units in the R-4 Zoning District. Specifically, Applicant has requested to demolish the existing two- unit structure and construct a new three-unit structure. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195 Attachment 3, Table 2: Summary of Dimensional for a front set back in the R-4 Zoning District for the purpose of demolishing the existing two-unit structure and constructing a new three-unit structure; specifically, Applicant has requested a front setback needing a relief variance of 11.4 ft. (front setback proposed is 18.6 ft, front setback required is 30 ft.). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-4.3.N.2.D Residential dwellings in the R-4 Zoning District for the purpose of installing a driveway for the proposed three-unit structure; specifically, Applicant has requested a side-driveway needing a relief variance of 6.8 from the lot line (proposed is 3.2 ft., required is 10 ft.); and a rear driveway needing a relief variance of 8 ft. (proposed is 2 ft.,required is 10 ft.). Allan Cuscia recuses himself. Michael Lis is Acting Chairman for this matter. S. Seide(Acting Clerk)reads the legal notice into the record. Rick Byers is at the table representingthe he Applicant. Applicant would like to demolish the existing two-family home and build a three-family unit. Requesting two variances, one for a setback for the driveway and a side and front setback. T.J. Melvin, Milennium En ing eering states that the driveway plan on A100 showing a two-way drive was something they had considered but decided against. Discussions continue regarding re-working the driveway so that less of a variance is needed. Concerns and discussions continue regarding snow removal. A Jacobs asks the height of the other houses on Furber Avenue. Is concerned this 3 unit will tower over the other houses and look out of place. David Choi,Architect 35 to peak measured from average grade,32 ft.from first floor.He understands the concern and modeled the surrounding neighborhood in one of the plans. ZBA Minutes for September 27,2022 Page 3 of 4 Town of North Andover ZONING BOARD OF APPEALS Michelle Doucette, 49 Upland Street directly across from vacant lot. Opposes the project. She gets snowed in when the plow comes through. Single lane driveway and one car she needs to park up front. Asks about the hardship and feels a hardship has not been stated. Kevin Craig 39 Upland Street has two small children on the street and is concerned with safety.Is also concerned about the snow issue. Al Purdy,43 Upland Street snow removal is a huge issue,fire hydrant will be an issue. Is opposed to this project but would be happy to see something else go in across the street. Matthew Desmond, 19 Upland Street says the snow gets really piled up on the dead-end street. Is concerned with the traffic a three-unit home will bring. Dan Noon, 12 Upland Street is concerned with traffic and the Machine Shop Village project. Kathleen Long, 32 Furber Avenue thinks the project is too big and does not fit in with the neighborhood. Yanilsa Nunez,27 Furber Avenue is concerned to add more properties and take away space for parking and other normal usage. Betsy Cote 116 High Street is concerned about the traffic but supports building another two-unit home instead. Melissa 33 Upland Street asks if they take away the variance if the driveway would still exit onto Upland Street. M. Lis states that is up to the Applicant and if there were no variances or special permit needed, it would be out of this Board's purview. Attorney Byers states Applicant will look at the plans again and try to come up with something the neighbors will be in favor of asks for a continuance. Motion made by F. Killilea to close the public comment. Seconded by S. Seide.Vote to close is unanimous. The Board deliberates. Motion made by F. Killilea to continue the public hearing to November 15,2022. Seconded by S. Seide. M. Lis voted yes. A. Jacobs voted yes. S. Seide voted yes.F.Killilea voted yes.J. Testa voted yes. The vote to continue is unanimous. 6. Adiournment Motion made by A. Jacobs to adjourn the meeting. Seconded by L. Craig-Comin. The vote to adjourn is unanimous. ZBA Minutes for September 27,2022 Page 4 of 4