HomeMy WebLinkAbout2022-10-18 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, October 18, 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 7:30 p.m.
Members Present: Ronn R. Faigen(remote, non-voting),Alexandria A. Jacobs, Esq. (Acting Chair),
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: Alexandria A. Jacobs,Esq.
Chair reads supplemental legal notice into the record.
Pledge of Allegiance
2. New Public Hearing of 23 Cleveland Street
The petition of Dawn Vargas for property at 23 Cleveland Street(Map 029.0,Parcel 0027), 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 side setback in the R-4 Zoning District for
the purpose of extending an existing deck on the property; specifically,Applicant has requested a side setback
needing a relief variance of 14.09 ft. (side setback proposed is 5.91 ft., side setback required is 20 feet).
Clerk reads the legal notice into the record.
Dawn Vargas bought 23 Cleveland Street last year. There is currently a small deck that does not accommodate
her immediate family and she would like to expand it.
L. Craig-Comin asks about the plan submitted that shows a swimming pool and paver patio. Applicant states
she put that on hold for now. The deck will go where the paver patio is shown on the plan.
Discussions continue regarding amount of relief being sought. A. Jacobs and A. Cuscia feel double digits is a
lot to ask.
M. Lis would have a harder time if it was an addition versus a deck,he would be willing to give a little more
relief.
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 5
Town of North Andover
ZONING BOARD OF APPEALS
F. Killilea agrees with M. Lis and would be okay with giving a little more relief for a deck.
Discussions continue regarding alternate ideas to lower the variance relief needed.
Jean Willouby 224 Raleigh Tavern Lane asks if the Board can explain the double digits. A. Cuscia explains that
the former chairperson tried to set a standard for the Board and he believed double digit relief was the
Applicant pushing the envelope.
Julia Grimaldi 84 Saunders Street is in support of Applicant's proposed deck. Asks when the last time the
Zoning Bylaws were updated and how they are updated.
P. Hutchins states an application has to be submitted and it has to go before the Town Meeting. M. Lis adds that
it requires one hundred signatures in support, and requires two-thirds of the Town Meeting vote in order to
pass.
Christine Ronca 21 Cleveland Street states that her opinion it is not fair to the Applicant and is disappointed
with the process.
L. Craig-Comin asks if there is any concern with not being able to see pedestrians as a car backs out of the
driveway due to the obstruction of the deck.
Applicant requests a continuance until the December 13, 2022 hearing.
Motion made by M. Lis to continue the hearing until December 13, 2022. Seconded by A. Cuscia. The motion
to continue is unanimous.
3. New Public Hearing of 96 Campion Road
The petition of Kristopher Hebert for property at 96 Campion Road(Map 062.00,Parcel 0084), North
Andover,MA 01845 in the R-1 Zoning District. The Applicant is requesting a Special Permit pursuant to
Town of North Andover Zoning Bylaws Section 195-4.2Q Family suite in the R-1 Zoning District for the
purpose of building a family suite within the existing home; specifically,Applicant has requested a family suite
with a Gross Floor Area("GFA") of 1,010 sf. Existing GFA is 6,042 sf, allowed GFA is 1,200 sf or 25%,
whichever is less.
Clerk reads the legal notice into the record.
Kris Hebert is at the podium his parents live in Western Massachusetts and would like them to be near their
grandchildren with the ability for him and his wife to care for them as they age. The family suite will be within
the existing house, above the existing three car garage.
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 A.Cuscia to grant the Special Permit pursuant to Town of North Andover Zoning Bylaws
Section 195-4.2Q Family suite in the R-1 Zoning District. Seconded by M. Lis. M. Lis voted yes. A. Cuscia
voted yes. A. Jacobs voted yes. S. Seide voted yes. F.Killilea voted yes. The vote to approve is unanimous 5-0.
The following plans were referenced:
(1) Certified Plot Plan prepared by John Abagis &Associates dated August 04, 2022 and Revised
September 09,2022, containing one (1)page;
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(2) Existing Plans prepared by LYFarchitects dated September 08, 2022, containing four(4)pages
(G100, G201, G301, D100); and
(3) Proposed Floor&Elevation Plans prepared by LYFarchitects dated September 08, 2022,
containing six(6)pages (S001, S100, S110,A100,A110, A201).
4. New Public Hearing of 290 Webster Woods Lane
The petition of Jeff Soucy for property at 290 Webster Woods Lane (Map 106.13,Parcel 0170), North
Andover,MA 01845 in the R-2 Zoning District. The Applicant is requesting a Special Permit pursuant to
Town of North Andover Zoning Bylaws Section 195-4.2Q Family suite in the R-2 Zoning District for the
purpose of constructing a family suite within the unfinished basement of the existing home.
Clerk reads legal notice into the record.
Jeff Soucy is at the podium is requesting a special permit for a family suite for his mother-in-law. Proposed
family suite is 585 sq. ft. which is below threshold.No exterior changes or changes to grading.
M. Lis asks what the basement ceiling height is,Applicant states it is eight feet.
F. Killilea states the whole basement appears to be being renovated but the family suite appears to be only a
portion of the proposed renovation. Applicant states that there is a common kitchen and sitting area and that his
mother-in-law will have her own dedicated bathroom and bedroom.
Applicant states there is no dedicated exterior entrance.
A Cuscia feels this could not be used as an apartment down the road.
Motion made by A Cuscia to close the public hearing. Seconded by M. Lis. The motion to close is unanimous.
The Board deliberates.
Motion made by A. Cuscia to grant the Special Permit pursuant to Town of North Andover Zoning Bylaws
Section 195-4.2Q Family suite in the R-2 Zoning District. Seconded by M Lis. L. Craig-Comin voted yes. M.
Lis voted yes. A. Cuscia voted yes. A. Jacobs voted yes. S. Seide voted yes. The vote to approve is unanimous
5-0.
The following plans were referenced.
(1) Plan of Land prepared by Williams & Sparages dated August 16, 2022, containing one (1)page;
(2) Existing Floor and Elevation Plans prepared by Michele Q. Littlefield dated September 12, 2022,
containing eleven(11)pages (A-001, A-050, A-100 through A-102,A-150,A-160, A-201 through
A-202); and
(3) Proposed Interior Renderings and Interior Elevation Plans prepared by Michele Q. Littlefield dated
September 12, 2022, containing four(4)pages (A-200, A-251through A-253).
5. New Public Hearing of 87 Coachmans Lane
The petition of Crossroads Contracting—Nick Couture for property at 87 Coachmans Lane(Map 0037.A,
Parcel 0025),North Andover,MA 01845 in the R-1 Zoning District. The Applicant is requesting a Special
Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.2Q Family suite in the R-1 Zoning
District for the purpose of constructing a family suite within the basement of the existing home.
Clerk reads legal notice into the record.
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ZONING BOARD OF APPEALS
Nick Couture representing applicants is at the podium. Applicant is requesting a Special Permit for a family
suite within the existing basement of the home so that her parents may live with them. Family suite is 1134 sq.
ft.
Discussions regarding the use of the rest of the basement that won't be part of the family suite.
M. Lis asks how high the ceilings are. Applicant states approximately 8 ft.,within the code. One set of stairs.
Motion made by A. Cuscia to close the public hearing. Seconded by S. Seide. Vote to close is unanimous 5-0.
The Board deliberates.
Motion made by A. Cuscia to grant the Special Permit pursuant to Town of North Andover Zoning Bylaws
Section 195-4.2Q Family suite in the R-1 Zoning District. Seconded by M. Lis. J. Testa voted yes. M. Lis voted
yes. A. Cuscia voted yes. A. Jacobs voted yes. S. Seide voted yes. The vote to approve is unanimous 5-0.
The following plans were referenced:
(1) Existing and Proposed Family Suite Plan prepared by Crossroads Contracting dated September 20,
2022, containing one(1)page.
6. New Public Hearin!of 55 Dana Street
The petition of Robert P.Tine for property at 55 Dana Street(Map 010.0,Parcel 0014),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 side setback
in the R-4 Zoning District for the purpose of constructing an additional garage bay; specifically, Applicant is
requesting a side setback needing a relief variance of 6'3" (side setback proposed is 8'9", side setback required
per Table 2 is 15').
Clerk reads the legal notice into the record.
Robert Tine His family built the house in 1960. His mother moved out of the house and is staying with his sister.
Mr. Tine will be selling his house in Haverhill and is looking to move into 55 Dana Street when his house sells
hopefully in the Spring.Applicant needs another garage bay in order to park another car and for storage, as well.
The house is directly across from the baseball field and gets many baseballs in the yard and is concerned about
the car(s) getting hit. Applicant's neighbor is in support of the proposed addition.
A Cuscia asks what the average width of a garage bay is. P. Hutchins states the proposed bay is on the narrow
side.
Motion made by A. Cuscia to close the public comment. Seconded by S. Seide. The vote to close is unanimous
5-0.
The Board deliberates.
Motion made by A. Cuscia to grant the Variance pursuant to Town of North Andover Zoning Bylaws Section n
195 Attachment 3 Table 2: Summary of Dimensional Requirements for one side setback in the R-4 Zoning
District. Seconded by S. Seide. M. Lis voted yes. A. Cuscia voted yes. A. Jacobs voted yes. S. Seide voted yes.
F. Killilea voted yes. The vote to approve is unanimous 5-0. The following plans were referenced:
(1) Plan of Land prepared by Sullivan Engineering Group dated September 12, 2022,containing one (1)
page; and
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Town of North Andover
ZONING BOARD OF APPEALS
(2) Existing and Proposed Elevation and Floor Plans prepared by Stephen Foster dated August 13, 2022,
containing eight(8)pages.
7. Acceptance of 2023 Meeting Schedule
Motion made by M. Lis to accept the 2023 Meeting Schedule. Seconded by S. Seide. The vote to approve is
unanimous.
8. Adiournment
Motion made by M. Lis to adjourn the meeting. Seconded by A. Cuscia. The vote to adjourn is unanimous.
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