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Home My WebLink About2023-08-08 Zoning Board of Appeals Minutes App,-ove?�9/Iz/z023 Town of North Andover ZONING BOARD OF APPEALS Members U Associate Members Alexandria A. Jacobs, Esq., Chair Laura Craig-Comin Michael T. Lis, Vice-Chair James M.Testa Frank J. Killilea, Clerk ""'� '„ Zoning Enforcement Officer Ronn R. Faigen Paul G. Hutchins Steven R. Seide MEETING MINUTES Date of Meeting: Tuesday,August 08, 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, Frank J. Killilea, Ronn R. Faigen, Steven R. Seide, 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 June 13, 2023 meeting minutes. Seconded by R. Faigen. The vote to approve is unanimous. 3. Continued Public Hearing of 335 Salem Street(Finding) 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%)). Mark Johnson is at the table. Applicants request a withdrawal of their petition for a Finding.Notice of withdrawal will be signed and filed with the Town Clerk's Office. 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 4. New Public Hearing of 0 Winter Street,Parcel 0110 aka Lot 13 (Finding) The petition of Ellen Cashman c/o Johnson & Borenstein, LLC for property at 0 Winter Street aka Lot 13 (Map 104.C,Parcel 0110),North Andover,MA 01845 in the R-1 Zoning District.The Applicant is requesting a Finding pursuant to Town of North Andover Zoning Bylaws Section 195-10.8(B)in the R-1 Zoning District for the purpose of overturning the Building Commissioner's Denial dated May 19, 2023; specifically, Applicant seeks a Finding from Town of North Andover Zoning Bylaws from the requirements of Section 195-7.1 Lot area, Attachment 3, Table 2: Summary of Dimensional Requirements and Section 195-7.1(A) Contiguous buildable area("CBA")for the purpose of overturning the Building Commissioner's denial dated May 19, 2023 and allowing the construction of a single-family home and associated improvements on the Property. Chair consolidates item nos. 4 and 5 to hear both Finding and Variance petitions together. See item#5 below for discussion on both Finding and Variance petitions. Acting Clerk,M. Lis, reads legal notice into the record. 5. New Public Hearing of 0 Winter Street,Parcel 0110 aka Lot 13 (Variances) The petition of Ellen Cashman c/o Johnson&Borenstein, LLC for property at 0 Winter Street aka Lot 13 (Map 104.C,Parcel 0110),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 195-7.1 Lot area, Attachment 3, Table 2: Summary of Dimensional Requirements in the R-1 Zoning District; specifically, Applicant has requested a lot area needing a relief variance of 41,233 sf(i.e. 47%) (the lot area proposed is 45,887 sf(i.e. 53%) and the lot area required per Table 2 is 87,120 sf(i.e. 100%)). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 7.1(A) Contiguous buildable area("CBA")in the R-1 Zoning District; specifically,Applicant has requested CBA needing a relief variance of 48,848 sf(i.e. 56%) (the CBA proposed is 16,492 sf(i.e. 19%)and the CBA required is 65,340 sf(75%)). Chair consolidates item nos. 4 and 5 to hear both Finding and Variance petitions together. See item#4 above. Acting Clerk,M. Lis, reads legal notice into the record. Attorney Mark Johnson is at the table. Discusses Attorney Vaughn's letter regarding one- and two-acre zoning in the Town. The three lots (13, 14, and 15 (lots 14 and 15 will be before the Board next month)) are separate lots under separate ownership. The three lots are assessed as buildable lots and taxed and paid each year. M. Lis asks what the basis is that Atty Johnson feels this lot is grandfathered. Atty Johnson responds that the lots were created prior to the change in Zoning and the Town has recognized this as a separate buildable lot based upon the real estate taxes that have been paid. Dennis Griecci,Andover Consultants discusses CBA and wetland resource area and buffer zone. Discussions continue regarding building permits that had been approved after the zoning change. Chair states that the Zoning Board looks at every application on its own merit regardless of what has been done in the past. Applicant believed that because she was told the lots were buildable,that she would be able to build on them as they had been assessed as buildable and she has paid taxes as such. Abutter's letters are addressed. Flooding is the biggest concern. Applicant will address for the next meeting. ZBA Minutes for August 08,2023 Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS Board questions where the driveway will be located and D. Griecci states that will be dictated by Conservation Dept. Chair asks what the square footage of 875 Dale Street is. J. Cashman says both 863 and 875 Dale are between approximately 3,000-3,555 sf and clarifies that the wetland area has not caused problems since she has lived there. There is a drainage pipe going across the street to address flooding which is clogged and the most she gets is a puddle on her driveway. Board asks when the garage was built. J. Cashman states it was built in the 1960s. Board and Applicant discuss Smolak&Vaughn's letter in support of application. Discussion of wetland resource area and buffer zone continues. Chair states she will each out to Town Counsel to get guidance on grandfathered status. Applicant confirms the questions the Board has for next month's meeting: 1. Runoff-factor in driveway 2. Flooding and wetlands 3. Whether or not how much water goes into pond 4. As to location of proposed driveway 5. Note the "no build zone" 50ft mark Michael Hillman, 890 Dale Street, moved in 1998.Is in support of the petition. The area near the road is very rarely wet. Byron Leonard, 997 Dale Street, is in support of the application. Ellen Cashman, applicant, states John Smolak is a neighbor and friend and they know the area. Addresses their letter asks Board to remember 1)unsuspecting owners having their land slashed in value, applicant found out for the first time that there was a problem. On those three lots only since 2010 is S 140,000 in taxes, asks for consideration in preserving the land and paying those taxes all those years; 2)it is only recently that the Town began interpreting the language of the CBA provision of the Bylaws; 3)undue hardship. Applicant is asking for extra consideration because of undue hardship. Chair questions when the property was actually divided. Was Lot 13, 14, and 15 all one lot and then split and if so,when was it split? Applicant states her father owned 26 acres and sold the land one by one as he needed income over the years prior to the zoning change in 1986, all lots divided at once. Chair questions when lots were sold and built upon. The most recent lot sold and built upon was 1998. Discussions continue regrading subdivision of lots. Applicant requests a continuance. Documents referenced: 1. Correspondence from Smolak&Vaughan dated August 7, 2023 2. Plot Plan prepared by Andover Consultants Inc. dated June 2, 2023 3. Subdivision Plan of Land dated May 1, 1987 and recorded November 26, 1991 4. Correspondence from various abutters in opposition ZBA Minutes for August 08,2023 Page 3 of 4 Town of North Andover ZONING BOARD OF APPEALS 5. Various building permits previously issued by the Town 6. Proposed house plans prepared by Builder's Plan Service, containing six pages Motion made by M. Lis to continue until September 12,2023. Seconded by R. Faigen. Motion to continue is unanimous. 6. Board of Appeals Election for Clerk Position Motion to appoint Frank J. Killilea as clerk for the Zoning Board of Appeals. Seconded by S. Seide. R. Faigen voted yes. J. Testa voted yes. A. Jacobs voted yes. M. Lis voted yes. S. Seide voted yes. L. Craig-Comin voted yes. The vote to approve is unanimous. 7. Adiournment. Motion made by R.Faigen to adjourn the meeting. Seconded by M. Lis. The vote to adjourn is unanimous. Meeting adjourned at 9:05 p.m. ZBA Minutes for August 08,2023 Page 4 of 4