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HomeMy WebLinkAbout2023-06-13 Zoning Board of Appeals Minutes App,,oved�81812023 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, June 13, 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 7:31 p.m. Members Present: Alexandria A. Jacobs,Esq.,Michael T. Lis,Allan Cuscia, 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. Pledge of Allegiance 2. Acceptance of Minutes Motion made by M. Lis to accept the May 09, 2023 meeting minutes. Seconded by R. Faigen. 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. Attorney Mark Johnson is at the table and gives a brief summary of the previous two meetings. Applicants have submitted new materials including a Stormwater Report and plans relating to the drainage on the lot. 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 Jack Sullivan, project engineer evaluated the drainage on the site, did a soil probe to locate where the seasonal highwater table is located. The ground water table is 41"below the site grade. Looked at the 2, 10, 25, and 100-year storm event 8.6 rainfall in a 24-hour period. With gutter system and roof drains, collecting the entire roof area of the proposed house and conveying it to an underground infiltration system, followed all of the DEP stormwater policy for sizing the system. In the 100-year storm event, by adding over twenty percent reduction in the peak rate of stormwater runoff and the volume of runoff to that off-site wetland. Town Counsel, Christine O'Connor,joins the meeting via Google Meet to discuss the Finding portion of the hearing. The applicants believe the language needs to be in both or the Bylaw does not apply in North Andover. Town Counsel discusses her Memorandum stating she disagrees with the applicants' argument and believes the Bylaw contains the more recent and more specific provision, which is what should be followed. Attorney Johnson responds by stating the Zoning Bylaw uses the word"and"which indicates that you would need to have both a resource area under the local bylaw as well as the Wetland Protection Act. Town Counsel responds by stating that the Wetland Protection Act is intended to represent the minimum protection and the communities may make the bylaws stricter. They Bylaw is to work in conjunction with the Wetlands Protection Act but can go beyond.Not intended to be repugnant to the Town's zoning, but rather are all intended to work together.Normal rules of statutory construction apply. Motion made by A. Cuscia to recess the meeting. Seconded by M. Lis. Motion to approve is unanimous. Meeting recessed. Applicants are requesting to continue the Finding application to the August meeting and request a vote on the Variance application. Albert Manzi is here as a citizen and is not representing the Conservation Commission but wishes to clarify some of the terminology regarding resource area and non-disturbance,buildable area. Discussions continue regarding the wetlands. Motion made by M. Lis to close the public comment on the variance application. Seconded by A. Cuscia. The vote to close is unanimous. The Board deliberates. Motion made by A. Cuscia to approve the variance pursuant to 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. Seconded by R. Faigen. The motion to approve is unanimous 5-0. A. Jacobs voted yes. M. Lis voted yes. A. Cuscia voted yes. R. Faigen voted yes. S. Seide voted yes. The following plans and documents were referenced: (1) Plan of Land and Subsurface Infiltration System Plan prepared by Sullivan Engineering Group, LLC dated March 8, 2023 and Revised April 26, 2023 and June 2, 2023, containing two (2)pages; (2) Stormwater Drainage Report prepared by Sullivan Engineering Group,LLC dated June 02, 2023, containing thirty(30)pages; and (3) Elevation Plans,undated, containing four(4)pages. ZBA Minutes for June 13,2023 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS Motion made by M. Lis to continue the public hearing of the Finding application to the next meeting of the Zoning Board of Appeals being Tuesday, August 08,2023. Seconded by R. Faigen. The vote to continue is unanimous. The Chair and Zoning Board thank A. Cuscia for his years of volunteer service and present him with a departing gift. 4. Adiournment. Motion made by M. Lis to adjourn the meeting. Seconded by S. Seide. The vote to adjourn is unanimous. Meeting adjourned at 8:47 p.m. ZBA Minutes for June 13,2023 Page 3 of 3