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HomeMy WebLinkAbout2023-03-14 Zoning Board of Appeals Minutes Approved April 1],2023 Town of North Andover ZONING BOARD OF APPEALS Members U Associate Members Alexandria A. Jacobs, Esq., Chair Frank J. Killilea Michael T. Lis, Vice-Chair /�%�� �'"�° ,, Laura Craig-Comin Allan Cuscia, Clerk James M.Testa Ronn R. Faigen Zoning Enforcement Officer Steven R. Seide Paul G. Hutchins MEETING MINUTES Date of Meeting: Tuesday,March 14, 2023 Time of Meeting: 7:30 p.m. Location of Meeting: 120 Main Street,North Andover, MA 01845 Signature: Jennifer Rattersby 1. Call to Order called at 7:30 p.m. Members Present: Alexandria A. Jacobs,Esq.,Michael T. Lis,Ronn R. Faigen, 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. The Chair waived the Pledge of Allegiance due to the fact that no flag was present. 2. Acceptance of Minutes Motion made by R.Faigen to accept the January 10,2023 meeting minutes. Seconded by M. Lis. The vote to approve is unanimous. 3. New Public Hearing of 20 Browns Court The petition of Joseph Levis. The Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.3(N)(1)(b) Two-family dwellings in accordance with Section 195- 10.7 and Subsection N(4)in the R-4 Zoning District for the purpose of razing the existing single-family structure on the property and replacing it with a two-family dwelling. 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 front setback in the R-4 Zoning District for the purpose of razing the existing single-family structure on the property and replacing it with a two-family dwelling; specifically,Applicant has requested a front setback needing a relief variance of 15.6 ft. (front setback proposed is 14.4 ft., front setback required per Table 2 is 30 ft.). 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 razing the existing single-family structure on the property and replacing it with a two-family dwelling; specifically,Applicant has requested a rear setback needing a relief variance of 12.17 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 3 Town of North Andover ZONING BOARD OF APPEALS ft. (rear setback proposed is 14.5 ft.,rear setback required per Table 2 is 30 ft., allowing Section 195-7.3.C, one-third width not more than four feet allowed into setbacks). Acting clerk,M. Lis,reads legal notice into the record. Mark Johnson,Esq. Relative to the special permit,Applicant is seeping relief to allow for the construction of a two-family dwelling in the R-4 District. It will not adversely affect the neighborhood as it is more consistent with the neighborhood to find two-family homes. Relative to the variances,the lot is very narrow and shallow which makes it difficult to place a dwelling on the lot that would meet all the setback requirements. The new structure will be centered on the lot and be more consistent with the neighborhood F. Killilea asks whose responsibility or ownership it is to maintain Browns Court since it is a private way. Discussions continue regarding not needing any special permitting. S. Seide comments that the proposed structure is taller than the other homes on the street. Applicant states it is similar in height to the other two-families on the street. The property is unoccupied. Discussions continue regarding size of the lot. Bread and Roses Housing is in communication with the current owner to purchase the property if the Zoning is approved. Annmary Connor introduces herself as the executive director of Bread and Roses Housing. Applicant elected to proceed with Zoning first to see if they are approved before proceeding with the Machine Shop Village Committee. Motion made by R.Faigen to close the public comment. Seconded by M. Lis. A. Jacobs voted yes. M. Lis. Voted yes. R.Faigen voted yes. S. Seide voted yes. F. Killilea voted yes. The vote to close is unanimous 5- 0. The Board deliberates. Motion made by M. Lis to grant the Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.3(N)(1)(b) Two-family dwellings in accordance with Section 195-10.7 and Subsection N(4) in order to raze the existing single-family structure on the Property and replace it with a two-family dwelling; and grant Variances pursuant to Town of North Andover Zoning Bylaws Section 195, Attachment 3 Table 2: Summary of Dimensional Requirements for one front setback in the R-4 Zoning District; specifically grant a front setback needing a relief variance of 15.6 ft. (front setback proposed is 14.4 ft., front setback required per Table 2 is 30 ft.); and grant a rear setback needing a relief variance of 12.17 ft. (rear setback proposed is 14.5 ft.,rear setback required per Table 2 is 30 ft., allowing Section 195- 7.3.C, one-third width not more than four feet allowed into setbacks). The following documents/plans were submitted with the application or referenced at the public hearing: (1) Plot Plan prepared by Andover Consultants, Inc. dated February 14, 2023, containing one (1)page; (2) Elevation and Floor Plans prepared by Colonial Drafting dated September 03,2020, containing eight(8)pages; and (3) Framing Plans prepared by Colonial Drafting dated September 03, 2020, containing seven (7) pages. ZBA Minutes for March 14,2023 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS Seconded by R. Faigen. A. Jacobs voted yes. M. Lis voted yes. R. Faigen voted yes. S. Scide voted yes. F. Killilea voted yes. The vote to approve is unanimous 5-0. 4. Discussion a. 40B Affordable Housing i. Community Housing Inc.monitoring activities report dated January 30, 2023 regarding Merrimac Condominiums for the year 2022 which includes thirteen(13) affordable units. ii. Community Housing Inc.monitoring activities report dated January 30, 2023 regarding Orchard Village for the year 2022 which includes eight(8) affordable units. 5. Adiournment Motion made by M. Lis to adjourn the meeting. Seconded by R. Faigen. The vote to adjourn is unanimous. ZBA Minutes for March 14,2023 Page 3 of 3