HomeMy WebLinkAbout2023-09-12 Zoning Board of Appeals Minutes Al,provec,'Ocz�obe-10 2023
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, September 12,2023
Time of Meeting: 7:30 p.m.
Location of Meeting: 120 Main Street,North Andover, MA 01845
Signature: Jennifer Battersby
1. Call to Order called at 7:31 p.m.
Members Present: Alexandria A. Jacobs, Esq.,Michael T. Lis,
Frank J. Killilea, and Steven R. Seide
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 August 8, 2023 meeting minutes. Seconded by S. Seide. The vote to
approve is unanimous 4-0.
3. Continued Public Hearing of 0 Winter Street, Parcel 0110 aka Lot 13 (Finding and Variance)
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 ofNorth 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.
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%)).
Notices and agendas are to be posted 48 hours 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 1 of 4
Town of North Andover
ZONING BOARD OF APPEALS
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. 3, 4, 5, 6, and 7 to hear 0 Winter Street Lots 13, 14, and 15 Finding and
Variance petitions together (see below).
4. New Public Hearing of 0 Winter Street, Parcel 0149(aka Lot 14) (Finding)
The petition of Ellen Cashman c/o Johnson &Borenstein,LLC for property at 0 Winter Street, aka Lot
14 (Map 104.C, Parcel 0149), 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 August 2, 2023;
specifically, Applicant seeks a finding from the Town of North Andover Zoning Bylaws from the
requirements of Section 195-7.1 Lot area, Attachment 3, Table 2: Summary of Dimensional Requirements;
Section 195-7.1(A) Contiguous buildable area ("CBA") ; and Section 195-7.2 Street frontage, Attachment
3, Table 2: Summary of Dimensional Requirements for the purpose of overturning the Building
Commissioner's denial dated August 2, 2023 and allowing the construction of a single-family home and
associated improvements on the property.
Chair consolidates item nos. 3, 4, 5, 6, and 7 to hear 0 Winter Street Lots 13, 14, and 15 Finding and
Variance petitions together(see below).
5. New Public Hearing of 0 Winter Street, Parcel 0149 (aka Lot 14) (Variance)
The petition of Ellen Cashman c/o Johnson & Borenstein, LLC for property at 0 Winter Street, aka Lot 14
(Map 104.C,Parcel 0149),North Andover,MA 01845 in the R-1 Zoning District.The Applicant is requesting
Variances pursuant to Town of North Andover Zoning Bylaws Section 195-7.1 Lot area,Attachment 3, Table 2:
Summary of Dimensional Requirements; Section 195-7.1(A) Contiguous buildable area; and Section 195-7.2
Street frontage,Attachment 3,Table 2: Summary of Dimensional Requirements in the R-1 Zoning District for the
purpose of constructing a new single-family home and associated improvements on the Property.
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 43,273 sf(i.e. 50%)(the lot area proposed is 43,847
sf(i.e. 50%) 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 56,019 sf(i.e. 64%) (the CBA proposed is 9,321 sf(i.e. 11%)and the CBA required is 65,340
sf(75%)).
The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.2
Street frontage, Attachment 3, Table 2: Summary of Dimensional Requirements in the R-1 Zoning District;
specifically,Applicant has requested street frontage needing a relief variance of 25 ft(i.e. 14%)(the street frontage
proposed is 150 ft. (i.e. 86%) and the street frontage required is 175 ft(i.e. 100%)).
Chair consolidates item nos.3, 4, 5, 6, and 7 to hear 0 Winter Street Lots 13, 14, and 15 Finding and Variance
petitions together(see below).
6. New Public Hearing of 0 Winter Street, Parcel 0150(aka Lot 15) (Finding)
ZBA Minutes for September 12,2023 Page 2 of 4
Town of North Andover
ZONING BOARD OF APPEALS
The petition of Ellen Cashman c/o Johnson & Borenstein,LLC for property at 0 Winter Street, aka Lot
15 (Map 104.C, Parcel 0150), 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 August 2, 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; Section 195-
7.1(A) Contiguous buildable area ("CBA"); and Section 195-7.2 Street frontage, Attachment 3, Table 2:
Summary of Dimensional Requirements for the purpose of overturning the Building Commissioner's denial
dated August 2, 2023 and allowing the construction of a single-family home and associated improvements
on the Property.
Chair consolidates item nos. 3, 4, 5, 6, and 7 to hear 0 Winter Street Lots 13, 14, and 15 Finding and
Variance petitions together(see below).
7. New Public Hearing of 0 Winter Street, Parcel 0150 (aka Lot 15) (Variance)
The petition of Ellen Cashman c/o Johnson &Borenstein,LLC for property at 0 Winter Street, aka Lot
15 (Map 104.C, Parcel 0150), North Andover, MA 01845 in the R-1 Zoning District. The Applicant is
requesting Variances pursuant to Town of North Andover Zoning Bylaws Section 195-7.1 Lot area,
Attachment 3, Table 2: Summary of Dimensional Requirements; Section 195-7.1(A) Contiguous buildable
area; and Section 195-7.2 Street frontage,Attachment 3, Table 2: Summary of Dimensional Requirements in
the R-1 Zoning District for the purpose of constructing a new single-family home and associated
improvements on the Property.
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 22,592 sf(i.e. 26%) (the lot area
proposed is 64,528 sf(i.e. 74%) 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 24,452 sf(i.e. 28%) (the CBA proposed is 40,888 sf(i.e. 47%) and the
CBA required is 65,340 sf(75%)).
The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.2
Street frontage, Attachment 3, Table 2: Summary of Dimensional Requirements in the R-1 Zoning District;
specifically, Applicant has requested street frontage needing a relief variance of 25 ft. (i.e. 14%) (the street
frontage proposed is 150 ft. (i.e. 86%) and the street frontage required is 175 ft. (i.e. 100%)).
Chair consolidates item nos. 3, 4, S, 6, and 7 to hear 0 Winter Street Lots 13, 14, and 15 Finding and
Variance petitions together.
Clerk reads legal notices for finding and variance applications regarding lots 14 and 15 into the record.
Chair has housekeeping comments to address with applicant regarding all three lots on Winter Street.
Applicant requests a continuance and asks to confer with client to confirm.
Motion made by M. Lis to recess for five minutes. Seconded by F. Killilea. The vote to recess is unanimous
4-0. Approximately 7:48 p.m.
Chair announces end of recess at 7:50 p.m.
ZBA Minutes for September 12,2023 Page 3 of 4
Town of North Andover
ZONING BOARD OF APPEALS
Applicant requests a continuance for all three lots.
Motion made by M. Lis to continue 0 Winter Street,Lots 13, 14, and 15 until the next meeting of the
Zoning Board of Appeals (October 10, 2023). A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes.
S. Seide voted yes. The vote to continue is unanimous 4-0.
8. Approval of 2024 Zoning Board of Appeals Meeting Schedule
There are a few meetings that will not be held of the second Tuesday of the month due to conflicts with
other Boards/Committees.
Motion made by M. Lis to approve the 2024 Meeting Schedule. Seconded by S. Seide. The vote to approve
is unanimous.
9. Adiournment: 7:53 p.m.
Motion made by M. Lis to adjourn the meeting. Seconded by S. Seide. The vote to adjourn is unanimous.
Meeting adjourned at 7:53 p.m.
ZBA Minutes for September 12,2023 Page 4 44