HomeMy WebLinkAbout2023-10-10 Zoning Board of Appeals Minutes Approved-November 14 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, October 10, 2023
Time of Meeting: 7:30 p.m.
Location of Meeting: New Senior Center,481 Sutton Street,North Andover,MA 01845
Signature: Jennifer Battersby
1. Call to Order called at 7:34 p.m.
Members Present: Alexandria A. Jacobs,Esq.,Michael T. Lis, Frank J. Killilea,
Ronn R. Faigen(remote), 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 F. Killilea to accept the September 12,2023 meeting minutes. Seconded by M. Lis. The
vote to approve is unanimous.
Chair announces the items on the agenda will be called out of order.
3. New Public Hearing of 39 Richardson Avenue
The petition of Beverly Spicer for property at 39 Richardson Avenue. 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).
Peter Sierpinski is at the table. Applicant would like to construct a single bay garage onto the existing
single bay garage leaving a 5.9 ft side setback. Applicant feels the right side is the only practical location
for the additional garage bay without detrimental effect on the immediate abutter. Applicant has several
abutters letters in support of the proposed garage addition.
The chair questions the hardship relating to soil, shape, or topography of the land structure.
Board asks if they can do a tandem garage or take out the sunroom and construct a two-bay garage.
Board continues to discuss hardships for the property and believes the lot itself is a hardship as it is
substantially small.
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 6
Town of North Andover
ZONING BOARD OF APPEALS
Motion made by M. Lis to close the public comment. Seconded by S. Seide. The vote to approve is
unanimous 5-0.
The board deliberates.
Motion made by F.Killilea to grant the variance. Seconded by S. Seide. A. Jacobs voted no. M. Lis voted
yes. F. Killilea voted yes. R. Faigen voted yes. S. Seide voted yes. The vote to approve the variance is
GRANTED 4-1. The following materials were referenced:
1. Plot Plan prepared by Ranger Engineering Group,Inc. dated August 21, 2023, containing one
(1)page; and
2. Elevations of"Garage Addition"undated, containing one(1)page.
4. Continued Public Hearing of 0 Winter St.,Parcel 0110 aka Lot 13 (Finding&Variance 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
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, S, and 6 to hear 0 Winter Street Lots 13, 14, and 15 Finding and Variance
petitions together(see below).
5. Continued Public Hearing of 0 Winter St.,Parcel 0149 (aka Lot 14) (Finding&Variance
consolidated)
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.
ZBA Minutes for October 10,2023 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 195-7.1 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. 4, S, and 6 to hear 0 Winter Street Lots 13, 14, and 15 Finding and Variance
petitions together(see below).
6. Continued Public Hearing of 0 Winter St.,Parcel 0150 (aka Lot 15) (Finding&Variance
consolidated)
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%)).
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. 4, 5, and 6 to hear 0 Winter Street Lots 13, 14, and 15 Finding and Variance
petitions together(see below).
Chair speaks to discrepancies in plans that were submitted by applicant at various times. The plan
submitted with the application is not the same plan that was submitted recently.
ZBA Minutes for October 10,2023 Page 3 of 6
Town of North Andover
ZONING BOARD OF APPEALS
The plans submitted with the applications are missing the surveyor's signature and every indication that it
was approved from anyone by the Town of North Andover.
Attorney Mark Johnson is at the table. States he is responding to questions raised at previous meetings as to
the history of the lot. They were subsequently able to request the plans from land court.
The initial plan submitted does not hold legal significance as it was not approved by the Planning
Department.
The next zoning change was May 4, 1987, zoning changed from 1-acre lot to 2-acre lot. 747 in favor and
113 against.
May 1, 1987 requesting for 40905D to be approved by the planning board. Done as a Form A. The
Planning Board did not meet until May 11, 1987 which was after the Town Meeting.
Attorney Johnson states that the Planning Dept. was supposed to act within fourteen(14) days and did not.
Planning denied the application on May 11, 1987.
Attorney Johnson states Town Clerk filed a certification in Land Court on October 21st stating Planning
Board failed to act within the fourteen(14)days.
Discussion continues regarding timing of filing the application for subdivision with Planning Dept. and the
recording of plan with the Registry of Deeds. Chair asks who Ellen Sweeney is,Applicant states Sweeney
is her married name.
Discussions continue regarding timeline of events, grandfathered status, and buildable lots.
S. Seide reads A. Maxner's note and asks if the conservation issues have been addressed. M. Johnson states
that they will go to other boards after the approval from zoning.
As part of public comment, Chair reads the abutter, Ron Ford's, emails into the record. Mr. Ford is in
opposition to Lots 13, 14, and 15 Winter Street petitions.
Michael Smolak is at the table in support of the Winter Street petitions.
Applicant requests a continuance for all three lots and asks what questions the chair is asking Town
Counsel:
1. Issue of Town Clerk stamp being 14 vs. 21 days;
2. What significance that holds on the zoning board, in terms of that time the zoning changes had
already taken place; and
3. Regarding whether May 1st submission date to planning is what got them their cover vs. a planning
board approval or the town clerk's signature.
Documents referenced:
1. Letter from Johnson & Borenstein, LLC to the ZBA dated September 29, 2023 (with
attachments), containing seven pages;
ZBA Minutes for October 10,2023 Page 4 of 6
Town of North Andover
ZONING BOARD OF APPEALS
2. Joint Submittal of Odelle F. Cashman Trust, ; Frank Cashman Realty Trust, ; and Joan M.
Cashman Revocable Trust for Petition for a Variance and Petition for a Finding (with
exhibits)
Motion made by M. Lis to continue 0 Winter Street Applications for Lots 13, 14, and 15 (finding and
variances) until the next meeting of the Zoning Board of Appeals on November 14,2023. Seconded by F.
Killilea. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. R. Faigen voted yes. S. Seide voted
yes. The vote to continue is unanimous 5-0.
7. New 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.).
Clerk reads legal notices for the Finding and Variances into the record.
Jeff Doggett,Executive Vice President/Chief Financial Officer, and North Andover resident, 84 Johnson
Street,Merrimack had originally thought about building on this corner, then decided to be part of the
proposed Royal Crest project which has since fell through. During that process the college was told not to
build at Royal Crest,but to build on their own property.
Attorney Mark Johnson represents the applicants. Explains that the Dover Amendment provides certain
protection for educational uses.
Presents informational slides regarding proposed project. Standard of review is focused on reasonableness.
Other buildings on the property range in height from 41 to 50 feet.
Tom Lassie, Architect at Cube3 states that the two proposed buildings are framing the church on the corner.
Compliant with setbacks and are requesting relief on the building height.
M. Lis asks about the renovation of the intersection and if it will involve any additional cuts into the
property line. J. Doggett states that nothing will change from the property line.
ZBA Minutes for October 10,2023 Page 5 of 6
Town of North Andover
ZONING BOARD OF APPEALS
Chair asks applicant for information on the 114 Mass DOT project which applicant will provide for the
next meeting.
Discussions continue regarding the height and how overpowering it will look at the intersection on 114.
Discussions continue regarding various other options.
Documents referenced:
1. Corner Development Project Power Point slides, dated October 10,2023, containing nineteen(19)
pages.
M. Lis makes a motion to continue to November 14,2023. Seconded by F. Killilea. The vote to continue is
unanimous 5-0.
S. Adiournment: 10:00 p.m.
Motion made by F. Killilea to adjourn the meeting. Seconded by S. Seide. The vote to adjourn is
unanimous. Meeting adjourned at 10:00 p.m.
ZBA Minutes for October 10,2023 Page 6 of 6