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HomeMy WebLinkAbout2023-10-10 Zoning Board of Appeals Agenda MEETING NOTICE TOWN OF NORTH ANDOVER Board/Committee Name: ZONING BOARD OF APPEALS Date: Tuesday, October 10,2023 Time of Meeting: 7:30 p.m. Location: Senior Center,481 Sutton Street,North Andover,MA 01845(new location) Signature Jennifer Battersby AGENDA (AGENDA ITEMS WILL BE CALLED OUT OF ORDER AT THE CHAIR'S DISCRETION) Pursuant to Chapter 2 of the Acts of 2023, this meeting of the North Andover Zoning Board of Appeals will be conducted in person and via remote means, in accordance with applicable law. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the Town's website, at www.northandoverma.gov.For this meeting, in person attendance of members of the public and Board members will be permitted.Members of the public who wish to watch the meeting live may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.o . Every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the Town of North Andover website an audio or video recording, transcript, or other comprehensive record ofproceedings as soon as possible after the meeting.If the public would like to participate in public hearings, but not attend the meeting in-person please email your question/comment prior to or during the meeting to ibattersbv Lc6northandoverma.kov. The question/comment will be read during the proceedings and responded to accordingly. 1. Call to Order a. Pledge of Allegiance 2. Acceptance of Minutes a. September 12, 2023 Minutes. 3. Continued Public Hearing of 0 Winter Street,Parcel 0110 (aka Lot 13) (Findinu) 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. 4. Continued 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 Variances pursuant to Town of North Andover Zoning Bylaws Section 195-7.1 Lot area, Attachment 3, Table Notices and agendas are to be posted 48 hours in advance of the 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 your posting is made in an adequate amount of time.A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda.Note:Matters may be called out of order and not as they appear in the agenda. MEETING NOTICE TOWN OF NORTH ANDOVER Board/Committee Name: ZONING BOARD OF APPEALS Date: Tuesday, October 10,2023 Time of Meeting: 7:30 p.m. Location: Senior Center,481 Sutton Street,North Andover,MA 01845(new location) Signature Jennifer Battersby 2: Summary of Dimensional Requirements and Section 195-7.1(A) 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 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%)). 5. Continued 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. 6. Continued Public Hearing of 0 Winter Street,Parcel 0149 (aka Lot 14) (Variances) 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%)). Notices and agendas are to be posted 48 hours in advance of the 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 your posting is made in an adequate amount of time.A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda.Note:Matters may be called out of order and not as they appear in the agenda. MEETING NOTICE TOWN OF NORTH ANDOVER Board/Committee Name: ZONING BOARD OF APPEALS Date: Tuesday, October 10,2023 Time of Meeting: 7:30 p.m. Location: Senior Center,481 Sutton Street,North Andover,MA 01845(new location) Signature Jennifer Battersby 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%)). 7. Continued Public Hearing of 0 Winter Street,Parcel 0150 (aka Lot 15) (Finding) 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. 8. Continued Public Hearing of 0 Winter Street,Parcel 0150 (aka Lot 15) (Variances) 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%)). Notices and agendas are to be posted 48 hours in advance of the 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 your posting is made in an adequate amount of time.A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda.Note:Matters may be called out of order and not as they appear in the agenda. MEETING NOTICE TOWN OF NORTH ANDOVER Board/Committee Name: ZONING BOARD OF APPEALS Date: Tuesday, October 10,2023 Time of Meeting: 7:30 p.m. Location: Senior Center,481 Sutton Street,North Andover,MA 01845(new location) Signature Jennifer Battersby 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%)). 9. New Public Hearing of 39 Richardson Avenue The petition of Beverly Spicer. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws 195-7.3(B)Yards(setbacks) Table 2: Summary of Dimensional Requirements for one side setback in the R-4 Zoning District for the purpose of constructing an addition onto the existing home; specifically,Applicant has requested a side setback needing a relief variance of 9.1 ft. (side setback proposed is 5.9 ft., side setback required per Table 2 is 15 ft). 10. New Public Hearing of 315 Turnpike Street(Finding) The petition of Merrimack College (Owner) &Greystar Development East,LLC (Developer). The Applicants are requesting a Finding pursuant to Town of North Andover Zoning Bylaws Section 195-10.8(B) Building Inspector Appeal in the R-3 Zoning District for the purpose of overturning the Building Commissioner's Denial dated August 30,2023; specifically, Applicants seek a Finding from Town of North Andover Zoning Bylaws from the requirements of Section 195-7.4 Building Height,Attachment 3, Table 2: Summary of Dimensional Requirements for the purpose of allowing the construction of two buildings to be used as academic space and residential dormitories on an undeveloped portion of the Property. 11. New Public Hearing of 315 Turnpike Street(Variance) The petition of Merrimack College (Owner) & Greystar Development East,LLC (Developer). The Applicants are requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.4 Building Height,Attachment 3, Table 2: Summary of Dimensional Requirements for building height in the R-3 Zoning District for the purpose of allowing the construction of two buildings to be used as academic space and residential dormitories on an undeveloped portion of the Property. Specifically, Applicants have requested a building height for Building No. 1 needing a relief variance of 12.1 ft. in height(building height proposed is 47.1,building height required per Table 2 is 35 ft.). Notices and agendas are to be posted 48 hours in advance of the 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 your posting is made in an adequate amount of time.A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda.Note:Matters may be called out of order and not as they appear in the agenda. MEETING NOTICE TOWN OF NORTH ANDOVER Board/Committee Name: ZONING BOARD OF APPEALS Date: Tuesday, October 10,2023 Time of Meeting: 7:30 p.m. Location: Senior Center,481 Sutton Street,North Andover,MA 01845(new location) Signature Jennifer Battersby The Applicants are requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.4 Building Height,Attachment 3, Table 2: Summary of Dimensional Requirements for building height in the R-3 Zoning District for the purpose of allowing the construction of two buildings to be used as academic space and residential dormitories on an undeveloped portion of the Property. Specifically,Applicants have requested a building height for Building No. 2 needing a relief variance of 11.9 ft in height(building height proposed is 46.9 ft.,building height required per Table 2 is 35 ft.). 12. Adiournment Notices and agendas are to be posted 48 hours in advance of the 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 your posting is made in an adequate amount of time.A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda.Note:Matters may be called out of order and not as they appear in the agenda.