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HomeMy WebLinkAbout2022-11-15 Zoning Board of Appeals Minutes Approved:1211312022 Town of North Andover ZONING BOARD OF APPEALS Members 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,November 15, 2022 Time of Meeting: 7:30 p.m. Location of Meeting: School Administration Building, 566 Main Street,North Andover, MA 01845 Signature: Jennifer Rattersby Town Clerk Date Stamp: 1. Call to Order called at 7:30 p.m. Members Present: Ronn R. Faigen,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: Ronn R. Faigen Chair reads supplemental legal notice into the record. Pledge of Allegiance 2. Continued 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.). 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 4 Town of North Andover ZONING BOARD OF APPEALS Attorney Byers is at the table. Applicant has redesigned the house and proposed plan based on the abutters' feedback at the previous hearing. Applicant requests to withdraw the requested variances and has relocated the proposed house onto the center of the lot. Applicant has also reduced the special pen-nit request from a three-unit home to a two-unit home with a two-car garage proposed in the front of the house. The driveway entrance will be on Fuber Avenue,there will be no entrance or exit onto Upland Street. Motion made by M. Lis to close public comment. Seconded by S. Seide. The motion to close is unanimous. The Board deliberates. Motion made by M. Lis to grant the special permit pursuant to Section 195-9.2 of the North Andover Zoning Bylaws to allow the replacement of an existing two-unit structure with a new two-unit structure Seconded by J. Testa. M. Lis voted yes. S. Seide voted yes.F. Killilea voted yes. J. Testa voted yes. L. Craig-Comin voted yes. The motion to grant is unanimous 5-0. The following plans were referenced: (1) Plan of Land prepared by Milennium Engineering, Inc. dated November 8, 2022; (2) Floor Plans prepared by David Choi,Architect, dated November 8,2022; and (3) Elevation Plans prepared by David Choi,Architect, dated November 8,2022. 3. New Public Hearing of 104 Bonn The petition of Patrick J.Gaffny for property at 104 Bonny Lane(Map 062.0,Parcel 0047),North Andover,MA 01845 in the R-1 Zoning District. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-4.19.C(2)(c)Non-Disturbance Buffer Zone in the R-1 Zoning District for the purpose of constructing a new permanent structure (an 18'x36' inground swimming pool)within the 100-foot Non-Disturbance Buffer Zone of a wetland resource area located within the Watershed Protection District. Clerk reads the Legal Notice into the record. Attorney Gordon Glass is at the table. Applicant would like to construct an in-ground swimming pool on the Property which is located in the watershed protection overlay district. The property is unique as to its shape and topography and its impact by the nearby wetlands. Another location on the property would require a large amount of Earth disturbance. The proposed site of the pool is the only flat area on the Property. Applicant is proposing extensive work to benefit the watershed with re-vegetation and re- naturalization for 350 square feet within the 25 foot no disturb zone and will surround the pool with a permeable paver patio. Applicant states he is requesting a 20x36 swimming pool as drawn on the plan. Discussions continue with Board regarding placement of pool. Motion made by A. Cuscia to close public comment. Seconded by F. Killilea. The Motion to close is unanimous. The Board deliberates. Motion made by A. Cuscia to re-open public hearing. Seconded by L. Craig-Comin. The vote is unanimous. Discussions ensue regarding pool chemicals and concern for environmental impact. Motion made by A. Cuscia to close public comment. Seconded by S. Seide. The Motion to close is unanimous. ZBA Minutes for November 15,2022 Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS The Board deliberates. Motion made by A. Cuscia to grant the variance pursuant to Town of North Andover Zoning Bylaws Section 195-4.19.C(2)(c)to allow the construction of a 20x36 in-ground swimming pool. Seconded by F. Killilea. A. Cuscia voted yes. M. Lis voted yes. S. Seide voted yes.F.Killilea voted yes. L. Craig-Comin voted yes. The motion to approve is unanimous 5-0. The following plan was referenced: (1) Plan of Land prepared by Andover Consultants, Inc. dated March 21, 2022 4. New Public Hearing of 12 Trinity Court The petition of Deepak Nagaraj an for property at 12 Trinity Court(Map 016.0,Parcel 0059), 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 addition onto the existing home; specifically.. Applicant has requested a side setback needing a relief variance of 5' 11" (side setback proposed is 9' 1", side setback required per Table 2 is 15'). Clerk reads the Legal Notice into the record. Deepak Nagarajan and Ken LaRose are at the table. Applicant is requesting a variance for a side setback in order to construct an addition of two bedrooms onto the existing house. They need more room as they have two children and their parents come to visit. The new addition will be larger than the current deck/sunroom. Mark Rodgers, 19 Trinity Court is in support of the project and would like to keep good neighbors. Motion made by S. Seide to close public comment. Seconded by F. Killilea. The vote to close is unanimous. The Board deliberates. Motion made by A. Cuscia to grant the variance pursuant to Town of North Andover Zoning Bylaws Section 195,Attachment 3 Table 2: Summary of Dimensional Requirements. Seconded by M. Lis. A. Cuscia voted yes. M. Lis voted yes. S. Seide voted yes.F. Killilea voted yes. J. Testa voted yes. The motion to approve is unanimous 5-0. The following plans were referenced: (1) Certified Plot Plan prepared by John Abagis &Assoc. dated June 6, 2022, containing one page; and (2) As-built and Proposed Design Plans prepared by Blackdog Builders dated October 17, 2022, containing six pages. 5. New Public Hearing of 25 Commerce Way The petition of Viewpoint Sign & Awning for property at 25 Commerce Way(Map 035.0,Parcel 0014), North Andover,MA 01845 in the 1-2 Zoning District. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-6.6.G(3)Permitted signs in the I-2 Zoning District for the purpose of replacing existing signage with two new freestanding signs; specifically,Applicant is seeking relief from the number of freestanding signs allowed(two signs are proposed and one sign is allowed). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 6.6.G(3)Permitted signs in the 1-2 Zoning District for the purpose of replacing existing signage with two new freestanding signs; specifically, Applicant is requesting the placement of Sign A needing a relief variance of 38 ft. from the property line(proposed setback is 2 ft. and required setback is 40 ft.). ZBA Minutes for November 15,2022 Page 3 of 4 Town of North Andover ZONING BOARD OF APPEALS The Applicant is requesting a.Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 6.6.G(3)Permitted signs in the 1-2 Zoning District for the purpose of replacing existing signage with two new freestanding signs; specifically,Applicant is requesting the placement of Sign B needing a relief variance of 39 ft. from the property line(proposed setback is 1 ft. and required setback is 40 ft.). Clerk reads the Legal Notice into the record. Lauren Delarda is at the table. Applicant currently has three freestanding signs (one at each driveway) and would like to replace with two new freestanding signs. The existing signs are over the property lines and the proposed signs would be behind the property line. Other than the setbacks,the signs are to code. Motion made by A. Cuscia to close public comment. Seconded by M. Lis. The vote to close is unanimous. The Board deliberates. Motion made by A. Cuscia to grant the variance pursuant to Town of North Andover Zoning Bylaws Section 195-6.6.G(3). Seconded by S. Seide. A. Cuscia voted yes. M. Lis voted yes. S. Seide voted yes. L. Craig-Comin voted yes. J. Testa voted yes. The vote to approve is unanimous 5-0. The following plans were referenced. (1) Plot Plan with Proposed Signage prepared by Hancock Survey Assoc. dated June 23, 2022; (2) Proposed Sign A Plan prepared by Viewpoint Sign and Awning dated June 20, 2022; and (3) Proposed Sign B Plan prepared by Viewpoint Sign and Awning dated May 24,2021 and revised July 5, 2022. 6. Adjournment Motion made by M. Lis to adjourn the meeting. Seconded by S. Seide. The vote to adjourn is unanimous. ZBA Minutes for November 15,2022 Page 4 of 4