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HomeMy WebLinkAbout2024-06-11 Zoning Board of Appeals Minutes flppi-Pved�Se-iterwbew I7,2024 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, June 11, 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 7:32 p.m. Members Present: Alexandria A. Jacobs, Esq., Michael T. Lis, Ronn R. Faigen, Steven R. Seide, Laura Craig-Comin, James M. Testa, and Matthew J. Ginsburg, Esq. Staff Present: Jennifer Battersby Gavel given to: Alexandria A. Jacobs, Esq. Pledge of Allegiance 2. Acceptance of Minutes Motion made by M. Lis to accept the May 21, 2024 meeting minutes. Seconded by R. Faigen. The vote to approve is unanimous. 3. Continued Hearing of 50 Peters St. The petition of Horizons Management/Poyant Signs on behalf of North Andover Ventures,LP. 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 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). 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 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.). Gary from Poyant Signs on behalf of North Andover Ventures, LP. Summarizes the relief Applicant was seeking and has made changes asking for less relief from the Board: No longer seeking a setback variance as the proposed sign will now be 15.5 from curb No longer seeking an internally illuminated sign • Reduced height and is now requesting a 15 ft. high sign. Applicant requests a sign needing a relief variance of 7 ft. in height(the sign height allowed is 8 ft.) • Reduced sign size and is now requesting a 59.5 SF sign. Applicant requests a sign needing a relief variance of 34.5 SF (the sign size allowed is 25 SF) Motion made by M. Lis to close public comment. Seconded by S. Seide. The vote to close is unanimous. The board deliberates. Motion made by M. Lis to grant the variances pursuant to Town of North Andover Zoning Bylaws Section 195-6.6.A(2)Permitted Signs for the purpose of allowing a 59.5 SF sign. Specifically, Applicant requests a sign needing a relief variance of 34.5 SF (the sign size proposed is 59.5 SF and the sign size allowed is 25 SF; and a variance allowing a 15 ft. high sign. Specifically, applicant requests a sign needing a relief variance of 7 ft. in height(the sign height proposed is 15 ft. and the sign height allowed is 8 ft.) in the GB Zoning District. Seconded by R. Faigen. The vote to approve is unanimous 5-0. A. Jacobs voted yes. M. Lis voted yes. R. Faigen voted yes. S. Seide voted yes. J. Testa voted yes. The following documents were referenced: (1) Proposed MassDot Project Sketch Plan prepared by Dana F. Perkins, Inc., dated May 1, 2024, containing one (1)page; and (2) Proposed Sign Schematic Plan prepared by Poyant Signs dated May 23, 2024, containing one (1)page. 4. New Public Hearing of 12 Massachusetts Avenue The petition of Carolyn Parker on behalf of Global Companies, LLC. The Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-6.5.A, Prohibitions, internally illuminated signs not allowed, in the GB Zoning District for the purpose of removing the existing manual pricing and installing internally illuminated LED pricing on the existing signage at the Mobil site. Specifically,Applicant has requested it be allowed to have internally illuminated LED pricing on the existing signage. Acting Clerk(M. Lis)reads legal notice into the record. Carolyn Parker is at the podium representing Applicant. Manual price signs are very hard to maintain and change every day both on the sign and at the pumps therefore they are asking LED pricing be ZBA Minutes for June 11,2024 Pa.-e 2 of 4 Town of North Andover ZONING BOARD OF APPEALS allowed. The LED's can be dimmed. The gas station is open until 10:00 pm at which time the sign will be shut off. The area is right off the highway not in residential zone. Similar businesses in the area. A Jacobs asks if the `Mobil' wording is currently lit. C. Parker is uncertain if that part of the sign is internally lit. Chair explains that in the event the top portion of the sign is not lit and the Applicant would like it internally lit, a separate application would be required. Motion made by M. Lis to close public comment. Seconded by R. Faigen. The vote to close is unanimous. The board deliberates. Motion made by M. Lis to grant the variances pursuant to Town of North Andover Zoning Bylaws Section 195-6.5.A. Prohibitions in order to remove the existing manual pricing and install internally illuminated LED pricing on the existing signage at the Mobil site. Seconded by R. Faigen. The vote to approve is unanimous 5-0. A. Jacobs voted yes. M. Lis voted yes. R. Faigen voted yes. S. Seide voted yes. M. Ginsburg voted yes. The following documents were referenced: (1) Plan of Land prepared by PFS Land Surveying, Inc. dated May 15, 2024, containing one (1) page; and (2) Proposed Elevation and Floor Plans prepared by Joanna Reek dated April 23, 2024, containing five (5)pages (A2-A4; A7-A8). 5. New Public Hearing of 43 Monteiro Way The petition of Ryan Schruender and Mary Schruender for property at 43 Monteiro Way(Map 160, Parcel 150),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 195-7.1(A) Contiguous buildable area("CBA") in the R-3 Zoning District. Specifically, Applicants have requested CBA needing a relief variance of 5,246 square feet(i.e., a relief of 28% is required) (the CBA proposed is 13,486 square feet and the CBA required is 18,500 square feet on 25,000 square feet building lot). Acting Clerk(M. Lis) reads the legal notice into the record. Applicants are at the table. R. Schruender's family owns 91 Quail Run and purchased the lot directly behind them on Monteiro Way when it was developed shortly afterwards. R. Schruender's parents had merged the two lots in 1990 for the purpose of a tax benefit. Applicant's sister currently lives at 91 Monteiro Way. Applicant's sisters agreed to let him and his wife purchase the lot on Monteiro Way so they could build a house on it. Applicants have spoken with neighbors and gone through planning to have the lot re-subdivided. It was an ANR lot and met all zoning requirements. There is 88 sq. ft. of conservation on the lot which kicks off the CBA. They are on the June 26th Agenda for Conservation. S. Seide asks if there is a creek or what deems it a wetland. R. Schruender states it is soil that they deemed a wetland. ZBA Minutes for June 11,2024 Pa.-e 3 of 4 Town of North Andover ZONING BOARD OF APPEALS R. Faigen states that there is no proposed rear setback listed under the plan. Applicant states the rear setback is 56.37 ft. and the house will be at the front setback exactly at 20 ft. but meets all zoning requirements for setbacks. Have met with neighbors on both sides and are aware of tonight's meeting. Chair asks how many times Applicants tried to make this work with as little relief needed as possible. Applicant states they did not have a choice as it was dictated by the wetlands. Motion made by M. Lis to close public comment. Seconded by R. Faigen. The vote to close is unanimous. The board deliberates. Motion made by M. Lis to grant the variances pursuant Town of North Andover Section 195-7.1(A), CBA to allow the relief variance of 5,246 square feet (i.e., a relief of 28%is required) (the CBA proposed is 13,486 square feet and the CBA required is 18,500 square feet on 25,000 square feet building lot) for the purpose of constructing a single-family dwelling on the vacant lot. Seconded by R. Faigen. The vote to approve is unanimous 5-0. A. Jacobs voted yes. M. Lis voted yes. R. Faigen voted yes. S. Seide voted yes. J. Testa voted yes. The following documents were referenced: (1) Plan of Land prepared by PFS Land Surveying, Inc. dated May 15, 2024, containing one (1) page; and (2) Proposed Elevation and Floor Plans prepared by Joanna Reek dated April 23, 2024, containing five (5)pages (A2-A4; A7-A8). 6. Miscellaneous a. 40B Correspondence from Brock& Scott dated May 20, 2024 regarding Notice of Foreclosure Sale for 20 Marengo Street, Unit 4, Building 2, Waverly Oaks Condominium,North Andover, MA. 7. Departures Ronn R. Faigen Steven R. Seide 8. Adiournment 8:32pm Motion made by S. Seide to adjourn the meeting. Seconded by R. Faigen. ZBA Minutes for June 11,2024 Pa.-e 4 of 4