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HomeMy WebLinkAbout2023-05-09 Zoning Board of Appeals Minutes Approved June 13,2023 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,May 09, 2023 Time of Meeting: 7:30 p.m. Location of Meeting: 120 Main Street,North Andover, MA 01845 Signature: Jennifer 3attersby 1. Call to Order called at 7:31 p.m. Members Present: Alexandria A. Jacobs,Esq.,Allan Cuscia,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. Pledge of Allegiance Chair reads supplemental legal notice into the record. 2. Acceptance of Minutes Motion made by A. Cuscia to accept the April 11, 2023 meeting minutes. Seconded by S. Seide. The vote to approve is unanimous. 3. Continued 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%)). J. Testa recused himself. 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 Mark Johnson is at the table and has done the legal research requested by the Board regarding "and/or". Attorney Johnson believes that the word"and"requires both or any number of a series of events and"or"is only one or the other. Under the local Bylaw and under The Wetlands Protection Act. Jack Sullivan, project engineer speaks to the updated plan referencing the offsite wetland stating the calculated buffer is 84 ft. from the off-site wetland yielding an upland area of 18,750 s.f. on Lot 1. The Conservation Bylaw has a non-disturbance zone which is zero to 25 ft. Between 25-50 ft.,grading activities are allowed. Between 50-100 ft.you can apply to the commission and the commission can approve work with conditions. Only the local Bylaw considers the 100 ft.buffer a resource area. Two abutters on Marbleridge Road addressed water-flow issues in their yards believing the construction of another house is going to only make drainage issues worse. Bobbi Xayarath and Nathan Styles of 240 Marbleridge Rd They are against the project as they are concerned about the water issues increasing. Zachary O'Neil of 270 Marbleridge Rd is concerned because has had multiple flooding issues with 3 ft. plus of water, almost hitting gas generator. Is concerned that another house will disperse even more water causing more problems. John McLoughlin states he has never had standing water on his property. Albert Manzi is here as a citizen and is not representing the Conservation Commission. Explains that construction is not to affect the pre and post runoff and must net zero. Otherwise, it would be the basis of a denial. There can be no increase in runoff. The"ditch"is actually an intermittent stream and has been there for more than seventy-five years. Mr. Sullivan states if they plan on doing any work within 100 ft. of a wetland, they would have to file with the Conservation Commission. If they don't have to file with the commission then the ZBA could set a condition that a drywell be placed to capture the roof runoff. Applicants wish to continue to the next meeting. Continued the public hearing to the next meeting of the Zoning Board of Appeals being Tuesday, June 13, 2023. Time Waiver filed with the Town Clerk's Office May 09, 2023. 4. New Public Hearing of 70 Green Hill Avenue The petition of Mary Alice Rock and Paul Rock for property at 70 Green Hill Avenue (Map 022.0, Parcel 0102),North Andover, MA 01845 in the R-4 Zoning District. Applicants are requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks) Table 2: Summary of Dimensional Requirements for one rear setback in the R-4 Zoning District for the purpose of constructing an addition onto the existing home; specifically,Applicant has requested a rear setback needing a relief variance of 10.1 ft. (rear setback proposed is 19.9 ft.,rear setback required per Table 2 is 30 feet). A Cuscia reads the legal notice into the record. Mary Alice Rock and Paul Rock are at the table. Applicants are requesting a variance of 10.1 ft.in order to construct an addition of a bedroom and bathroom onto the existing home so their brother will be able to live there during his retirement years. They are requesting a first-floor addition in order to keep it handicap accessible so they may continue to live there as they age. It will also be less impactful to the aesthetics of the neighborhood since most of the homes are ranch-style. ZBA Minutes for May 09,2023 Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS Many abutters sent letters/emails in advance of this meeting showing their support for the project. Abutters appreciate that the applicants are keeping the house consistent with the neighborhood by not building up or to the side of the house. Motion made by A. Cuscia to close the public hearing. Seconded by R. Faigen. Motion to close is unanimous. The board deliberates. Motion made by A. Cuscia to approve the relief variance of 10.1 ft. (rear setback proposed is 19.9 ft.,rear setback required per Table 2 is 30 feet)in order to construct an addition onto the existing home. Seconded by R. Faigen. A. Jacobs voted yes. M. Lis voted yes. A. Cuscia voted yes. R. Faigen voted yes. S. Seide voted yes. The vote to approve is unanimous 5-0. The following plans and other materials were referenced: (1) Plan of Land prepared by Williams & Sparages dated March 31, 2023, containing one(1)page; (2) First Floor Plan dated April 01, 2023, containing one (1)page; and (3) Elevation Plans dated April 01, 2023, containing three (3)pages. 5. New Public Hearing of 122-1 Millpond and New Public Hearing of 122-2 Millpond The petition of Zendko,LLC for property at 122-1 Millpond(Map 095.A,Parcel 122),North Andover,MA 01845 in the R-4 Zoning District. Applicant is requesting a Special Perinit pursuant to Town of North Andover Zoning Bylaws Section 195-4.3.N(1)(b) and subsection N(4) Two-family dwellings,by special permit in accordance with Section 195-10.7 of this Bylaw for the purpose of constructing a new two-family residential structure. Specifically,Applicant has requested to raze the existing tennis courts and construct a new two-family structure on the vacant lot. The petition of Zendko,LLC for property at 122-2 Millpond(Map 095.A,Parcel 122),North Andover,MA 01845 in the R-4 Zoning District. Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.3.N(1)(b) and subsection N(4) Two-family dwellings,by special permit in accordance with Section 195-10.7 of this Bylaw for the purpose of constructing a new two-family residential structure. Specifically,Applicant has requested to raze the existing tennis courts and construct a new two-family structure on the vacant lot. For discussion purposes, Chair consolidates the petitions for Lots 1 &2. A Cuscia recused himself. M. Lis reads the legal notices for both special permit applications pertaining to 122 Millpond, Lots 1 &2 into the record. Tom Zahoruiko,Manager of Zendko, LLC states the Planning Board approved the ANR and split the property into two separate lots. Concurrent conservation application to be held May 10,2023 regarding activity in the buffer zone of the wetlands located across Stevens Street. The proposed two-family structures will include four residential unit townhomes, driveways, fencing, and a small patio area. Applicant proposes an evergreen screen for enhanced privacy of the one direct abutter not in the Millpond neighborhood. Millpond HOA is the owner. The new owners of the proposed units will be part of the HOA and will own the unit,not the property. The existing accessory structures will remain. ZBA Minutes for May 09,2023 Page 3 of 4 Town of North Andover ZONING BOARD OF APPEALS Tom Holland, 135 Stevens Street,biggest concern is a water problem in his basement. Installed a system to mitigate water in his basement. T. Zahoruiko states Civil Design Group prepared a Site and Stormwater Narrative that shows there is net zero or reduction in runoff. Mary Ann Gillen, 60 Millpond is the president of the Millpond Homeowner's Association. Required to have 75% of homeowners vote favorably giving the board the power to sell development rights to Tom. The population is in favor of the project. Motion made by M. Lis to close the public hearing. Seconded by R. Faigen. The motion to close is unanimous. The board deliberates. Motion made by M. Lis to approve the Special Permits of Zendko, LLC pursuant to Town of North Andover Zoning Bylaws Section 195-4.3.N(1)(b) and subsection N(4)Two-family dwellings,by special permit in accordance with Section 195-10.7 of this Bylaw for the purpose of constructing new two-family residential structures at 122 Millpond, Lot 1 and Lot 2(Map 095.A,Parcel 122),North Andover, MA 01845 in the R-4 Zoning District. Seconded by R. Faigen. A. Jacobs voted yes. M. Lis voted yes. R. Faigen voted yes. S. Seide voted yes. L. Craig-Comin voted yes. [A. Cuscia recused himself]. The vote to approve is unanimous 5-0. The following plans and other materials were referenced: (1) Site Plan Set prepared by Civil Design Group, LLC dated April 10, 2023, containing seven(7) pages; (2)ANR Plan of Land prepared by Greenman-Pedersen,Inc. ("GPI") dated December 15, 2023, containing one page; (3)Elevation and Floor Plans prepared by Zendko,LLC dated April 10, 2023, containing eight(8) pages (A110,A103-A109); and (4) Site and Stormwater Narrative prepared by Civil Design Group, LLC dated February 7, 2023, containing two pages. 6. Adjournment. Motion made by R. Faigen to adjourn the meeting. Seconded by M. Lis. The vote to adjourn is unanimous. Meeting adjourned at 8:47 p.m. ZBA Minutes for May 09,2023 Page 4 of 4