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Home My WebLink About2024-04-09 Zoning Board of Appeals Minutes ,4pp,ro-ved,'May 2I, 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, April 9, 2024 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 7:30 p.m. Members Present: Alexandria A. Jacobs, Esq., Michael T. Lis, Frank J. Killilea, Ronn R. Faigen, Steven R. Seide, Laura Craig-Comin, James M. Testa, and Matthew J. Ginsburg 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 March 19, 2024 meeting minutes. Seconded by S. Seide. The vote to approve is unanimous. 3. New Public Hearing of 27 High Plains Road The petition of Timothy and Patricia MacPhee for property at 27 High Plains Road(Map 065.0, Parcel 0093),North Andover, MA 01845 in the R-1 Zoning District. The Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.2.Q, Family Suite, for the purpose of constructing an addition of a Family Suite onto the existing single-family home. Clerk reads legal notice into the record. Applicants are looking for approval for a family suite for their adult daughter with special needs. Add new family suite consisting of a bedroom, bathroom, sitting area, kitchen, and dining area to be located at the lower level on the back, right side of the existing house. There will also be a separate addition (not part of the family suite) for a support person to assist with the applicants' daughter which will be above the family suite on the main floor of the house. The existing house is 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 approximately 4,129 sf. The proposed family suite will be approximately 851 sf and therefore, are well under the maximum allowable potential. A-1.1 shows the first-floor addition which is entirely separate and not part of the family suite. A- 1.0 shows the proposed family suite. Board discusses any questions. Motion made by M. Lis to close the public comment. Seconded by J. Testa. 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 to grant the Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.2.Q, Family Suite, for the purpose of constructing an addition of a Family Suite onto the existing single-family home. Seconded by M. Lis. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. S. Seide voted yes. J. Testa voted yes. The motion to grant is unanimous 5-0. The following documents/plans were submitted with the application or referenced at the public hearing: (1) Plan of Land prepared by JG Land Services, LLC dated January 22, 2024, containing one (1) page; (2) Existing Elevation and Floor Plans prepared by CWC Design, LLC dated January 31, 2024, containing six (6)pages; and (3) Proposed Elevation and Floor Plans prepared by CWC Design, LLC dated January 31, 2024, containing six (6)pages. 4. New Public Hearing of 50 Peters Street The petition of Horizons Management/Poyant Signs on behalf of North Andover Ventures, LP for property at 50 Peters Street(Map 024.0, Parcel 0067),North Andover, MA 01845 in the GB Zoning District. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-6.5.A Prohibitions in the GB Zoning District for the purpose of allowing an internally illuminated sign. Specifically, Applicant requests a relief variance for an internally illuminated sign. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-6.6.A(2) Permitted Signs in the GB Zoning District for the purpose of allowing a sign with a setback of 5 ft. from the property line. Specifically, Applicant requests the placement of a sign needing a relief variance of 5 ft. from the property line (the setback proposed is 5ft. and the setback allowed is 10 ft.). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-6.6.D(2) Permitted Signs in the GB Zoning District for the purpose of allowing a ZBA Minutes for April 9,2024 Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS 178.5 SF sign. Specifically, Applicant requests a sign needing a relief variance of 153.5 SF (the sign size proposed is 178.5 SF and the sign size allowed is 25 SF). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-6.6.D(2) Permitted Signs in the GB Zoning District for the purpose of allowing an 18 ft. high sign. Specifically, Applicant requests a sign needing a relief variance of 10 ft. in height (the sign height proposed is 18 ft. and the sign height allowed is 8 ft.). Clerk reads legal notice into the record. Gary McCoy of Poyant Sign Co. on behalf of North Andover Ventures, LP states that he believes the property is a shopping center (as per the property card) and therefore, does not require a relief variance pursuant to Section 195-6.6D2. A Jacobs states that if the Bylaws require 50,000 SF to be deemed a shopping center, then that is what the ZBA goes by, not the property card. G. McCoy says Applicant is looking to replace the existing signage with an internally lit sign needing setback relief and size relief. Discussions continue with Building Commissioner regarding how North Andover measures signs. Building Commissioner states it is from the ground up. G. McCoy discusses getting rid of the planter,but that is what helps protects the sign. Discussions continue regarding feedback so that applicant can come back and bring new ideas to the table that will work better. Chair suggests taking discussing each variance separately: • Size Variance o Triple digits in size is a lot. • Internally illuminated o Externally illuminated signs produce more pollution than the halo signage 10 to 20 ft. candles of illumination o Contained, shielded and controlled within the sign,you get almost no light pollution, no light on the ground • Setback o F. Killilea states he would like to know distance from edge of pavement Applicant would be inclined to continue and return with an alternative sign similar in size with same setback request and can bring in some lighting samples. The current plan is the Proposed Sign Location Plan dated January 12, 2024. Building Commissioner asks if there is a schedule when the lights will turn off at night. G. McCoy states most companies go off about an hour after they close. ZBA Minutes for April 9,2024 Page 3 of 4 Town of North Andover ZONING BOARD OF APPEALS Will need to bring back inforination regarding MASSDOT project plans. Bill DMe 94 Peters Street and speaks on behalf of his neighbors, Ed Whipple 201 Turnpike Street, and Linda Nalbandian 187 Turnpike Street, are generally concerned with the light pollution the sign will cause in their residential neighborhood and the setback. Board suggests either a letter or email from the abutters would be helpful. Motion made by M. Lis to continue the hearing until June 11, 2024. Seconded by F. Killilea. The vote to continue is unanimous 5-0. 5. Adiournment: 8:52 p.m. Motion made by M. Lis to adjourn the meeting. Seconded by R. Faigen. The vote to adjourn is unanimous. Meeting adjourned at 8:52 p.m. ZBA Minutes for April 9,2024 Page 4 of 4