HomeMy WebLinkAbout2023-04-11 Zoning Board of Appeals Minutes Approved May 9,2023
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,April 11, 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.,Allan Cuscia, Ronn R. Faigen,
Steven R. Seide,Frank J. Killilea, and Laura Craig-Comin
Staff Present: Jennifer Battersby
Gavel given to: Alexandria A. Jacobs,Esq.
Pledge of Allegiance
Chair reads supplemental legal notice into the record.
2. Acceptance of Minutes
Motion made by R. Faigen to accept the March 14, 2023 meeting minutes. Seconded by S. Seide. The vote
to approve is unanimous.
3. New Public Hearing of 335 Salem Street
The petition of Lynn McLoughlin and John McLoughlin for property at 335 Salem Street(Map 037.1),
Parcel 0054),North Andover, MA 01845 in the R-3 Zoning District. The Applicants are requesting a
Finding pursuant to Town of North Andover Zoning Bylaws, Section 195-7.LA in the R-3 Zoning District
for the purpose of overturning the Building Commissioner's denial dated March 07, 2023; specifically,
Applicants seek a Finding from Town of North Andover Zoning Bylaws from the requirements of Section
195-7.LA Contiguous buildable area("CBA"),for the purpose of overturning the Building
Commissioner's denial dated March 07, 2023 and allowing the construction of a new single-family
dwelling on a vacant lot.
Alternatively,the Applicants are requesting a Variance pursuant to Town of North Andover Zoning
Bylaws Section 195-7.LA Contiguous buildable area("CBA") and Section 195-10.8(A)&(B)in the R-3
Zoning District for the purpose of constructing a new single-family dwelling on a vacant lot; specifically,
Applicants have requested CBA needing a relief variance of 3,350 sf(i.e. 13.4%) (the CBA proposed is
15,400 sf(i.e. 61.6%) and the CBA required is 18,750 sf(i.e. 75%)).
A. Cuscia reads legal notice into the record.
Attorney Mark Johnson is at the table representing applicants and speaks of history of the property.
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 2
Town of North Andover
ZONING BOARD OF APPEALS
Applicant, John McLoughlin, speaks in more detail about the history of the lot(s). The property has been in
his family since 1969 and was divided approximately in the early 1980s as applicant's mother was thinking
of building another smaller house on the second lot. Applicant's mother never built the second house and
merged the lots back together again approximately in the late 1980s. Applicant and his wife bought the
house in 2004 and have lived there ever since as one lot. Applicants would now like to divide the lot again
in order to build another house on the second lot.
Applicants disagree with the building inspector's denial regarding the contiguous buildable area"CBA"
and request it be overturned. Applicant believes it needs to be a wetland resource area under both the
Bylaw and The Wetlands Protection Act then it can be included in the calculation of the CBA.
P. Hutchins distributes Memo from Town Counsel for the Board members to read. Discussions continue
regarding the interpretation of the Bylaw.
R. Faigen asks if there is any new discussion regarding the Finding. Applicant states no.
Chair does not accept any documentation that was not submitted with the application or prior to the
document deadline in advance of the meeting. Chair gives the option to continue and provide case law in
support of petition or to vote on the Finding tonight.
Board recesses while Attorney Johnson speaks with his clients.
Existing crushed stone driveway would be moved slightly when new house was built so it won't require an
easement.
Chair also requests any conservation records prior to next meeting, if available.
Applicants wish to continue to the next meeting.
Motion made by R. Faigen to continue the public hearing to the next meeting of the Zoning Board of
Appeals being Tuesday,May 09, 2023. Seconded by F. Killilea. A. Jacobs voted yes. A. Cuscia voted yes.
R.Faigen voted yes. S. Seide voted yes. F. Killilea voted yes. The vote to continue is unanimous 5-0.
4. Adjournment
Motion made by A. Cuscia to adjourn the meeting. Seconded by S. Seide. The vote to adjourn is
unanimous.
ZBA Minutes for April 11,2023 Page 2 of 2