HomeMy WebLinkAbout2023-11-14 Zoning Board of Appeals Minutes app,-o-ve,d,Dece,nbe� zz,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,November14, 2023
Time of Meeting: 7:30 p.m.
Location of Meeting: Town Hall, 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,
Ronn R. Faigen, Steven R. Seide, 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 R.Faigen to accept the October 10, 2023 meeting minutes. Seconded by M. Lis. The vote
to approve is unanimous.
3. Continued Public Hearing of 0 Winter St.,Parcel 0110 aka Lot 13,Parcel 0149 aka Lot 14, and
Parcel 0150 aka Lot 15 (Findings & Variances consolidated)
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.
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
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 6
Town of North Andover
ZONING BOARD OF APPEALS
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%)).
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.
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%)).
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.
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%)).
ZBA Minutes for November 14,2023 Page 2 of 6
Town of North Andover
ZONING BOARD OF APPEALS
The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-
7.2 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%)).
Mark Johnson,Esq. is at the table representing applicants. Answers questions raised at the previous
meeting and presents power point slides.
• Speaks of differences between recorded land versus registered land.
• Failure to act; the twenty-one-day period is what the current statute says. Fourteen days was
applicable at the time as the statute was amended on June 3, 1987. If a board fails to act it is
considered"constructive approval".
• Lot assessments, Town of North Andover uses a code which describes classifications and the
Town shows all three lots assessed as buildable.
Dennis Greicci with Andover Consultants speaks regarding wetlands.
Motion made by M. Lis and seconded by R. Faigen to close public comment. A. Jacobs voted yes. M. Lis
voted yes. F. Killilea voted yes. R. Faigen voted yes. S. Seide voted yes. The vote to close is unanimous 5-
0.
The board deliberates.
Motion made by F. Killilea and seconded by M. Lis to grant the finding requested for Lot 13 under Section
195-10.8(B)in the R-I Zoning District of the Zoning Bylaws for the purpose of overturning the Building
Commissioner's denial dated May 19, 2023. A. Jacobs voted no. M. Lis voted no.F. Killilea voted no. R.
Faigen voted no. S. Seide voted no. The vote is 0-5 to DENY THE FINDING.
Motion made by F. Killilea and seconded by M. Lis to grant the finding requested for Lot 14 under Section
195-10.8(B)in the R-1 Zoning District of the Zoning Bylaws for the purpose of overturning the Building
Commissioner's denial dated August 2, 2023. A. Jacobs voted no. M. Lis voted no.F. Killilea voted no. R.
Faigen voted no. S. Seide voted no. The vote is 0-5 to DENY THE FINDING.
Motion made by F. Killilea and seconded by S. Seide to grant the finding requested for Lot 15 under
Section 195-10.8(B)in the R-1 Zoning District of the Zoning Bylaws for the purpose of overturning the
Building Commissioner's denial dated August 2, 2023. A. Jacobs voted no. M. Lis voted no. F. Killilea
voted no. R. Faigen voted no. S. Seide voted no. The vote is 0-5 to DENY THE FINDING.
Motion made by F. Killilea and seconded by S. Seide to grant the variance requested for Lot 13 under
Section 195-7.1 Lot area, 195-7.1.A in the R-1 Zoning District. A. Jacobs voted no. M. Lis voted no. S.
Seide voted no. F. Killilea voted yes. R. Faigen voted yes. The vote is 2-3 to DENY THE VARIANCE.
Motion made by F. Killilea and seconded by R. Faigen to grant the variance requested for Lot 14 under
Section 195-7.1 Lot area, 195-7.1.A contiguous buildable area, and Section 195-7.2 street frontage in the
R-1 Zoning District. A. Jacobs voted no. M. Lis voted no. S. Seide voted no. F. Killilea voted yes. R.
Faigen voted yes. The vote is 2-3 to DENY THE VARIANCE.
Motion made by F. Killilea and seconded by M. Lis to grant the variance requested for Lot 15 under
Section 195-7.1 Lot area, 195-7.1.A contiguous buildable area, and Section 195-7.2 street frontage in the
R-1 Zoning District. A. Jacobs voted no. M. Lis voted yes. F. Killilea voted yes. R. Faigen voted yes. S.
Seide voted yes. The vote is 4-1 to GRANT THE VARIANCE.
The following plans and documents were submitted with the application or at the public hearings.
ZBA Minutes for November 14,2023 Page 3 of 6
Town of North Andover
ZONING BOARD OF APPEALS
(1) Plot Plan of Land prepared by Andover Consultants,Inc. dated June 2, 2023, containing one (1)
page;
(2) Elevation and Floor Plans prepared by Tom Patenaude Homes,Inc. dated May 27,2010,
containing four(4)pages (sheets 1-4);
(3) First and Second Floor Plans prepared by Tom Patenaude Homes, Inc., undated, containing two (2)
pages;
(4) Correspondence (with attachments) prepared by Johnson&Borenstein, LLC addressed to the
Zoning Board of Appeals dated September 29, 2023, containing eight(8)pages; and
(5) Joint Submittal of Odelle F. Cashman Trust, Owner of Lot 104C-110; Frank Cashman Realty
Trust, Owner of Lot 104C-0149; and Joan M. Cashman Revocable Trust, Owner of Lot 104C-150,
for Petition for a Variance and Petition for a Finding, containing four(4)pages including booklet
with thirty-one(3 1)tabbed exhibits.
4. Continued Public Hearing of 315 Turnpike Street(Finding &Variance consolidated)
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.
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.).
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.).
Chair states that there was an issue with the certified abutter's list process in Andover wherein the initial
mailing was missing several abutters. Once it was brought to the Zoning Department's attention,the
missing abutters were noticed via certified mail,return receipt requested. Chair asks the applicant to briefly
recap what took place at the first hearing on October 10, 2023.
Jeff Doggett,Executive Vice President/Chief Financial Officer, and North Andover resident, states
Applicants are looping to add two buildings in order to be able to support 540 beds on the lawn in front of
the church while maintaining the view of the church from the center.
Applicants present new set of slides answering questions that were raised during the October meeting.
Slides show new roadway dimensions.
ZBA Minutes for November 14,2023 Page 4 of 6
Town of North Andover
ZONING BOARD OF APPEALS
Applicants believe it has brought the smallest, most financially viable option before the Board while
keeping the requests of the college. With this design,the college would still need to utilize Royal Crest for
supplemental housing.
Discussions continue regarding open space, building height and proximity to roadway.
Discussions continue regarding availability of beds and plans for the future when more dorms are needed.
P. Hutchins,Building Commissioner asks about the 23 acres behind 23 Turnpike Street. J. Doggett states
there is 23 acres which is where the retention basin is located as well as wetlands. There is only
approximately 11-12 acres of developable land but would need to pass over wetlands to get to it, and would
need an easement. It is also located in Andover. The College believes this is not a viable option.
Attorney Johnson talks about the Dover Amendment stating that Dover is based on reasonableness,not on
hardship.
Discussions continue regarding Dover as it applies to the finding and variance applications.
Applicants seek to move forward with a vote for the variance and continue the finding application.
Steven McGrath of 66 Brookfield Road, Andover and has experienced a lot of construction from the
college over the years. States that whatever they say the land is now, it is going to go up, and it will be
higher than they think.
Motion made by M. Lis and seconded by F. Killilea to continue the finding to December 12, 2023. R.
Faigen voted yes. M. Lis voted yes. A. Jacobs voted yes. F. Killilea voted yes. S. Seide voted yes. The vote
to continue is unanimous 5-0.
Motion made by R.Faigen and seconded by M. Lis to close the public comment for the variance.R.
Faigen voted yes. M. Lis voted yes. A. Jacobs voted yes. F. Killilea voted yes. S. Seide voted yes. The vote
to close is unanimous 5-0.
The board deliberates.
Motion made by F. Killilea and seconded by S. Seide to grant the variances requested under Section 195-
7.4 Building Height for Building Nos. 1 and 2. A. Jacobs voted no. M. Lis voted yes. F. Killilea voted yes.
R. Faigen voted yes. S. Seide voted yes. The vote is 4-1 to GRANT THE VARIANCES.
The following plans and documents were submitted with the application or at the public hearings:
(1) Certified Plot Plan prepared by Comer Development dated August 17, 2023, containing one (1)page;
(2) Addendum to Petition for Variance booklet prepared by Johnson&Borenstein,undated, containing six
(6)pages and Exhibits A-F;
(3) Corner Development Project at Merrimack College PowerPoint Presentation Package dated October
10, 2023, containing nineteen(19)pages; and
(4) Corner Development Project at Merrimack College PowerPoint Presentation Package dated November
14, 2023, containing thirty(30)pages.
5. New Public Hearing of 492 Sutton Street
The petition of Homegrown Lacrosse,LLC. The applicant is requesting a Special Permit pursuant to Town
of North Andover Zoning Bylaws Section 195-4.14.1,Recreational Uses,to allow for a recreational use in
the 1-2 Zoning District for the purpose of constructing and operating a 39,000+/- SF indoor athletic facility
ZBA Minutes for November 14,2023 Page 5 of 6
Town of North Andover
ZONING BOARD OF APPEALS
(approximately 2,000 SF to be office,bathroom, and storage spaces; 37,000 SF to be open sports field
area).
F. Killilea reads the legal notice into the record.
Brian Vaughn from Smolak&Vaughn representing the Applicant, Homegrown Lacrosse. Morgan Seal
from Hancock is at the table, as well. Applicant is seeking a recreational use which is allowed under the
bylaws via special permit. Applicant will also need to go before the Planning Board for a site plan permit
and watershed special permit. Applicant has outgrown its current facility and is looking move to a new
building at the entrance of the airport. The property is owned by the Lawrence Airport and the applicant
will lease the land. Board asked if the new building will be in the flight pattern. B. Vaughn states that
applicant will need to file with FAA and need a permit but it is not in a flight pattern.
Occupancy and parking are discussed between the Building Commissioner and the Board.
Applicant has also had a full traffic study done which is currently being reviewed by the Planning Board.
Applicant requests to not include the reference to the plans since they are only asking the relief for the use
and the building will comply entirely with zoning. They are still currently in front of the Planning Board.
Motion made by M. Lis and seconded by S. Seide to close the public comment. A. Jacobs voted yes. M. Lis
voted yes. F. Killilea voted yes. S. Seide voted yes. The vote to close is unanimous 5-0.
The board deliberates.
Motion made by F. Killilea and seconded by R. Faigen to grant the Special Permit requested under Section
195-4.14.I, Recreational Uses. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. R. Faigen voted
yes. S. Seide voted yes. The vote to GRANT THE SPECIAL PERMIT is unanimous 5-0.
6. Discussion and Vote on 2024 Meeting Schedule
Motion made by M. Lis and seconded by R. Faigen to continue to the December 12, 2023 meeting of the
Zoning Board of Appeals. The vote to continue is unanimous.
7. Adjournment: 11:04 p.m.
Motion made by R.Faigen and seconded by F. Killilea to adjourn the meeting. The vote to adjourn is
unanimous. Meeting adjourned at 11:04 p.m.
ZBA Minutes for November 14,2023 Page 6 of 6