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HomeMy WebLinkAbout2024-05-21 Zoning Board of Appeals Minutes flpprovea�,ra e,11,2024 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,May 21, 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 7:31 p.m. Members Present: Alexandria A. Jacobs,Esq.,Michael T. Lis, Frank J. Killilea, Ronn R. Faigen, Steven R. Seide, Laura Craig-Comin, and Matthew J. Ginsburg, Esq. Staff Present: Jennifer Battersby Gavel given to: Alexandria A. Jacobs,Esq. Pledge of Allegiance Chair announces that remote participation by the public will no longer be allowed. 2. Acceptance of Minutes Motion made by M. Lis to accept the April 9, 2024 meeting minutes. Seconded by R. Faigen. The vote to approve is unanimous. 3. Continued Public Hearing of 50 Peters Street(Continued from April 9, 2024 until June 11,2024) 4. New Public Hearing of 325 Johnson Street The petition of Alison Sparks and Kevin Sparks for property at 325 Johnson Street(Map 97,Parcel 72), North Andover, MA 01845 in the R-3 Zoning District. The Applicants are requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-4.19.C(2)(c)Non-Disturbance Buffer Zone within the Watershed Protection District in the R-3 Zoning District for the purpose of constructing a new garage located in the Non-Disturbance Zone within the Watershed Protection District. Specifically,Applicants have requested they be allowed to construct a one and a half story,wood frame, detached garage with a 24'x30' footprint. Clerk reads legal notice into the record. Applicants are seeking the same relief variance that was approved in September 2021. The Variance lapsed and therefore they were required to re-apply. 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 or 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 The Board asks questions to ensure there have been no changes in any of the relief requested. Applicants state that there have been no changes since the initial granting of the Variance pursuant to the Decision dated August 23, 2021. Motion made by R.Faigen to close public comment. Seconded by M. Lis. The motion to close is unanimous. The board deliberates. Motion made by F. Killilea to close grant the variance. Seconded by R. Faigen. A. Jacobs voted yes. M Lis voted yes. F. Killilea voted yes. R. Faigen voted yes. S. Seide voted yes. The vote to approve is granted 5- 0. The following documents were referenced at the public hearing: 1. Plot Plan of Land prepared by Sullivan Engineering Group, LLC dated May 20, 2021, containing one (1)page; and 2. Garage Elevation and Floor Plans dated September 30,2022, containing four(4)pages. 5. New Public Hearing of 236 Johnson Street The petition of Joshua R. Drolet for property at 236 Johnson Street(Map 097.0,Parcel 0054),North Andover,MA 01845 in the R-3 Zoning District. The Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.2.Q Family Suite. Specifically,Applicant has requested a Family Suite of 640 SF entirely within the walkout basement of the existing single-family home in the R-3 Zoning District. Clerk reads legal notice into the record. Applicants are requesting a family suite which will be contained entirely in the existing basement for parents and in-laws to help with the children. The rest of the unfinished basement will be finished as extending living area for their growing family. Board asks if the footprint of the basement is the same as the first floor. There is no basement under the sunroom. S. Seide asks about the Building Commissioner having the right to inspect the Family Suite. Chair states that it is cited in the Bylaw. Motion made by M. Lis to close public comment. Seconded by R. Faigen. The motion to close is unanimous. The board deliberates. Motion made by F. Killilea to close grant the Special Permit. Seconded by R.Faigen. A. Jacobs voted yes. M Lis voted yes. F. Killilea voted yes. R. Faigen voted yes. S. Seide voted yes. The vote to approve is granted 5-0. The following documents were referenced at the public hearing: 1. Current First Floor Plan,undated, containing one (1)page; and 2. Proposed Basement Floor Plan,undated, containing one (1)page. 6. New Public Hearing of 1250 Osgood Street ZBA Minutes for May 21,2024 Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS The petition of 1250 Osgood St LLC (on behalf of Milford Learning LLC) for property at 1250 Osgood Street(Map 035.0,Parcel 0010), North Andover,MA 01845 in the I-2 Zoning District. The Applicant is requesting dimensional Variances pursuant to Town of North Andover Zoning Bylaws Section 195-10.8(A) for front and rear setbacks for the purpose of razing the existing structure and rebuilding a 2-story(street facing) and 3-story(rear facing) facility for use as a daycare, medical offices, and associated improvements on the Property. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 7.3 Yards (Setbacks) and Section 195-3 Attachment 3, Table 2: Summary of Dimensional Requirements footnote I "In all districts except Village Commercial and any Corridor Development District, front setbacks along Route 114 shall be a minimum of 100 feet. Front setbacks shall be 100 feet along Route 125 in Industrial 1 and 2 Districts; the first 50 feet of front setbacks under this requirement shall be made to provide an effective visual buffer and no parking shall be permitted" in the I-2 Zoning District. Specifically,Applicant has requested a front setback needing a relief variance of 67.87 ft. (the front setback proposed is 32.13 ft. and the front setback allowed per Table 2, footnote I is 100 ft.). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 7.3 Yards (Setbacks) and Section 195-3 Attachment 3, Table 2: Summary of Dimensional Requirements footnote 1 "In all districts except Village Commercial and any Corridor Development District, front setbacks along Route 114 shall be a minimum of 100 feet. Front setbacks shall be 100 feet along Route 125 in Industrial 1 and 2 Districts; the first 50 feet of front setbacks under this requirement shall be made to provide an effective visual buffer and no parking shall be permitted"in the I-2 Zoning District. Specifically,Applicant has requested a relief variance of the effective visual buffer per Table 2, footnote 1 and allowing for parking within the first 50 ft.buffer from Route 125 of the front setback. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 7.3 Yards (Setbacks) and Section 195-3 Attachment 3, Table 2: Summary of Dimensional Requirements for one rear setback in the I-2 Zoning District. Specifically,Applicant has requested a rear setback needing a relief variance of 5.92 ft. (the rear setback proposed is 44.08 ft. and the rear setback allowed per Table 2 is 50 ft.). Clerk reads legal notice into the record. Attorney Brian Vaughan is at the table. 1250 Osgood is the old Hokkaido Restaurant. Applicants are part of a group that operates child care facilities under"The Learning Experience"and own approximately 400 nationwide. The building would also include medical offices as both daycare and medical offices are allowed in the industrial zoning district. Initially,the applicants were hoping to improve the existing structure but it was realized the condition of the foundation was not salvageable. The lot is an odd shape, an inverted"L",with wetlands in the back. Zoned industrial, the setback and buffering are intended to shield big industrial buildings so close to Route 125. Chair asks what the height difference will be. Attorney Vaughan states it will comply with Zoning for height. ZBA Minutes for May 21,2024 Page 3 of 4 Town of North Andover ZONING BOARD OF APPEALS L. Craig-Comin asks about parking. Attorney Vaughan states a parking analysis was done and it meets requirements. The proposed plan includes parking calculations as well as the proposed height which is shown as 3 8.5 ft. Chair asks if it is possible to set the building back farther. Discussions continue regarding location of the building on the property and setbacks of neighboring buildings on Route 125. F. Killilea asks if there are tenants for the medical office space. Attorney Vaughan states not currently. It is limited to medical office space because it is allowed by zoning. Discussions continue regarding the landscape buffer required by the Bylaw Section 195-3 Attachment 3, Table 2: Summary of Dimensional Requirements footnote 1 "the first 50 feet of front setbacks under this requirement shall be made to provide an effective visual buffer and no parking shall be permitted"in the I- 2 Zoning District. Applicant is seeking a relief from the visual buffer. Attorney Vaughan states it is also subject to Site Plan Review by the Planning Board. Motion made by R.Faigen to close public comment. Seconded by S. Seide. The vote to close is unanimous. The board deliberates. Motion made by F. Killilea to close grant the variance. Seconded by R. Faigen. A. Jacobs voted yes. M Lis voted yes. F. Killilea voted yes. R. Faigen voted yes. S. Seide voted yes. The vote to approve is granted 5- 0. The following documents were referenced at the public hearing: 1. Plan of Land prepared by Merrimack Engineering Services dated August 28, 2023, containing one (1)page; 2. Plan of Land with zoning dimensions prepared by Merrimack Engineering Services dated April 3, 2024, containing one(1)page; 3. Proposed Elevation and Floor Plans prepared by Jarmel Kizel, Architects and Engineers Inc., undated, containing four(4)pages; and 4. Memorandum in Support of Petition for Variance prepared by Brian G. Vaughan,Esq. dated April 24, 2024, containing seven(7)pages. 7. Miscellaneous Open Meeting Law Update. The ZBA will no longer have remote participation during public hearings. One board member per meeting may be remote. Brief discussion among board members regarding term expirations and reappointments. 8. Adiournment Motion made by R.Faigen to adjourn the meeting. Seconded by M. Lis. The vote to adjourn is unanimous. Meeting adjourned at 9:05p.m. ZBA Minutes for May 21,2024 Page 4 of 4