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HomeMy WebLinkAbout2024-03-19 Zoning Board of Appeals Minutes flpproved,4/9/2024 Town of North Andover ZONING BOARD OF APPEALS Members Associate Members Alexandria A. Jacobs, Esq., Chair Laura Craig-Comin Michael T. Lis, Vice-Chair ��" James M.Testa Frank J. Killilea, Clerk Matthew J. Ginsburg Ronn R. Faigen Zoning Enforcement Officer Steven R. Seide Paul G. Hutchins MEETING MINUTES Date of Meeting: Tuesday, March 19, 2024 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 7:30 p.m. Members Present: Alexandria A. Jacobs, Esq., Frank J. Killilea, Ronn R. Faigen, Steven R. Seide, Laura Craig-Comin, and Matthew J. Ginsburg, Esq. 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 Ronn R. Faigen to accept the February 13, 2024 meeting minutes. Seconded by Steven R. Seide. A. Jacobs voted yes. F. Killilea voted yes. R. Faigen voted yes. S. Seide voted yes. L. Craig-Comin voted yes. M. Ginsburg voted yes. The vote to approve is unanimous. 3. New Public Hearing of 115 Winter Street The petition of Adrianne and Adam Ramos for property at 115 Winter Street (Map 103.0, Parcel 0119),North Andover, MA 01845 in the R-1 Zoning District. The Applicants are requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-4.19.C(2)(c). Watershed Protection District, for construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals in the R-1 Zoning District and Watershed Protection District. Specifically, the Applicants request a variance in order to install an in-ground swimming pool within the 150' non-disturbance zone within the Watershed Protection District. Clerk read the legal notice into the record. Thor Akerley from William & Sparages speaking on behalf of Applicants. Applicants have had their first public hearing with the Planning Board for Watershed Special Permit and are seeking a relief variance for an 18x36 inground swimming pool with concrete patio which will be replacing lawn and will be fenced in as per building code. The pool will also be equipped with protective measures for the wetlands and water resource areas as outlined in the Operations & Maintenance 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 l of 3 Town of North Andover ZONING BOARD OF APPEALS Plan ("O&M") (i.e., non-backwash filter; stone infiltration trench; dichlorination of water; water hauling company to pump the water and truck the water offsite anytime the pool needs to be drained). As part to of the Watershed Special Permit process this Plan and the O&M is reviewed by a second engineering firm, Horsley Witten Group, and the plan was only updated to show an addition of a silt fence and construction batting which was added to the construction entrance. L. Craig-Comin asks how the O&M will get communicated to new owners if the house is sold. T. Akerley states it will be included and recorded on the property deed as part of the Watershed Special Permit. F. Killilea asks where Applicants are regarding the Conservation Commission and Planning Board. T. Akerley states that the Conservation Commission does not have any jurisdiction. Planning continued in order to wait for the Peer Review Response and Zoning hearing. The second Planning hearing is scheduled for April 2na L. Craig-Comin has concerns about chlorinated runoff and asks about installing a berm of trees where the water flows towards in the event of an overflow or trench failure in the event of a clog, etc. Discussions continue regarding the infiltration trench system. Applicants are to dechlorinate the water prior to releasing and feels this has been covered by the O&M and Site Plan Review process. A Jacobs has concerns regarding the size of the pool and discusses other options of placement with Applicant without needing a variance. Applicant states that they had exhausted all other options prior to coming before the ZBA. Motion made by R. Faigen to close the public comment. Seconded by S. Seide. A. Jacobs voted yes. F. Killilea voted yes. R. Faigen voted yes. S. Seide voted yes. L. Craig-Comin voted yes. M. Ginsburg voted yes. The vote to close is unanimous. The board deliberates. Motion made by F. Killilea to grant the variance pursuant to Town of North Andover Zoning Bylaws Section 195-4.19.C(2)(c) Watershed Protection District of the Town of North Andover Zoning Bylaws to allow the requested variance relief of construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals in the R-1 Zoning District and Watershed Protection District for the purpose of installing an in-ground swimming pool within the 150' non-disturbance zone within the Watershed Protection District in accordance with the following plans and other materials: Seconded by R. Faigen. A. Jacobs voted yes. F. Killilea voted yes. R. Faigen voted yes. S. Seide voted yes. L. Craig-Comin voted yes. The motion to grant is unanimous 5-0. (1) Permit Site Plan prepared by Williams & Sparages dated January 24, 2024, containing one (1)page; and ZBA Minutes for March 19,2024 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS (2) Operation & Maintenance Plan prepared by Williams & Sparages dated January 31, 2024, containing two (2) pages, as amended pursuant to Horsley Witten Group's March 18, 2024 Second Stonnwater Peer Review letter, and to allow Applicants to incorporate the two (2) documents therein. Applicants are to provide a final version of the Operation & Maintenance Plan to be recorded with the Decision. 4. Adjournment: 8:50 p.m. Motion made by L. Craig-Comin to adjourn the meeting. Seconded by S. Seide. The vote to adjourn is unanimous. Meeting adjourned at 8:50 p.m. ZBA Minutes for March 19,2024 Page 3 of 3