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HomeMy WebLinkAbout2024-09-17 Zoning Board of Appeals Minutes flpp�o-ved Oct -8,2024 Town of North Andover ZONING BOARD OF APPEALS Members Associate Member Alexandria A. Jacobs, Esq., Chair �� d Matthew J. Ginsburg Michael T. Lis, Vice-Chair Zoning Enforcement Officer Frank J. Killilea, Clerk Paul G. Hutchins Laura Craig-Comin James M.Testa MEETING MINUTES Date of Meeting: Tuesday, September 17, 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, 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 June 11, 2024 meeting minutes. Seconded by L. Craig-Comin. The vote to approve is unanimous. 3. Continued Public Hearing of 476 Johnson Street The petition of Benjamin Brown c/o Corey Keefe and Claire Leabman for property at 476 Johnson Street. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3.0 Yards (setbacks)Projections into rear yards, Table 2: Summary of Dimensional Requirements for one rear setback in the R-3 Zoning District for the purpose of constructing a 20'x 16' deck. Specifically,Applicant has requested a rear setback needing a relief variance of 11.7 feet(the rear setback proposed is 14.7 feet plus allowed projection of 4 feet; and the rear setback required per Table 2 is 30.0 feet). Chair announces this is the first hearing on the above application as it was continued due to a lack of quorum last month. Clerk reads the legal notice into the record. Benjamin Brown is at the podium. The owners are new to the Town of North Andover. The neighbor has no issue with the proposed deck. There are no other houses surrounding the property. The proposed deck will be in the back of the house and out of sight to the street. There is no existing deck. 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 or order and not as they appear in the Agenda. Page 1 of 7 Town of North Andover ZONING BOARD OF APPEALS Motion made by M. Lis to close the public comment. Seconded by J. Testa. The motion to close is unanimous. Motion 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 195-7.3.0 Yards (setbacks). Seconded by J. Testa. A. Jacobs voted yes. M. List voted yes. F. Killilea voted yes. L. Craig-Comin voted yes. J. Testa voted yes. The vote to approve is unanimous 5- 0. The following documents were referenced: (1) Plot Plan prepared by Andover Consultants,Inc. dated May 17, 2024, containing one (1)page; and (2) Deck Plans prepared by Building Recon Services dated June 14, 2024, containing six (6) sheets (Cover Sheet; G-001; A-201; A-101; A-301; A-501). 4. Continued Public Hearing of 6-8 Belmont Street The petition of Joseph Cianciolo for property at 6-8 Belmont Street. The Applicant is requesting a Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.3.N(3), the conversion of an existing dwelling to accommodate not more than five residential units in accordance with Section 195-10.7 of this bylaw and Subsection N(4) of this section in the R-4 Zoning District for the purpose of converting the existing third floor attic space into a new apartment unit. Specifically, Applicant has requested conversion of the existing two-family structure to a three-family structure in the R-4 Zoning District. Chair announces this is the first hearing on the above application as it was continued due to a lack of quorum last month. Clerk reads the legal notice into the record. Joseph Cianciolo is at the podium. Would like to convert the existing two-family house to a three- family by creating a new two-bedroom unit in the attic. Is adding an exterior staircase that meets all zoning requirements will not be exceeding the existing height and staying within zoning requirements. L. Craig-Comin asks about the shallow roof and is concerned about the New England winters. J. Cianciolo states it was designed to apply to code. J. Killilea asks if the parking will remain in the back. Applicant states he would like to keep as much of the green space as possible. The current layout is the layout Applicant approved and as long as it meets with all building code, he would like to continue with what he has planned. Public Comment: Ted Roy, 34-36 Belmont Street is concerned there will not be enough parking and the tenants will end up parking on the street. Is also concerned that all the units will be rented out and the owner will end up not living on site. ZBA Minutes for September 17,2024 Pa.-e 2 of 7 Town of North Andover ZONING BOARD OF APPEALS Chair states that ZBA does not have authority regarding street parking. If there are safety concerns, those would be brought to the Police Department or Department of Public Works. Chair also states that it is not a requirement that the owner reside in the Property. Motion made by M. Lis to close the public comment. Seconded by L. Craig-Comin. The motion to close is unanimous. The Board deliberates. Motion made by F. Killilea to grant the Special Permit pursuant to Town of North Andover Zoning Bylaws Section 195-4.3.N(3), the conversion of an existing dwelling to accommodate not more than five residential units. Seconded by M. Lis. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. L. Craig-Comin voted yes. J. Testa voted yes. The vote to approve is unanimous 5-0. The following documents were referenced: (1) Proposed Addition Plot Plan prepared by Frank S. Giles Land Consulting dated May 20, 2024 and revised July 11, 2024, containing one (1)page; and (2) Existing and Proposed Plan Set prepared by G J Design Group LLC dated May 04, 2024, containing six(6)pages 5. New Public Hearing of 335 Salem Street The petition of JCE Property Development, LLC for property at 335 Salem Street. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.LA Contiguous buildable area("CBA") in the R-3 Zoning District for the purpose of constructing a new single-family dwelling on a vacant lot. Specifically,Applicant has requested CBA needing a relief variance of 3,350 SF (i.e., 13.4%) (the CBA proposed is 15,400 SF and the CBA required is 18,750 SF). Clerk reads the legal notice into the record. James Erb Owner, JCE Property Development,Inc. Circulates correspondence to the Board and reads into the record. Chair explains the correspondence and timeline read were received after the document deadline and if Applicant continues until the next month, then she would have time to read the documents submitted and review the case law that was presented. Chair states that the plan submitted with the application is insufficient as it states "existing crushed stone driveway to be relocated entirely onto Lot 2."Applicant states this was the plan previously approved by the Zoning Board in June 2024. Discussions continue regarding the existing driveway and the plan submitted. Chair states that what the ZBA had based their decision on did not happen because that driveway was not relocated. Applicant states he will speak with the engineer about it. In note 3, it says applicant can reestablish the variance. ZBA Minutes for September 17,2024 Pa.-e 3 of 7 Town of North Andover ZONING BOARD OF APPEALS 2(a) if the rights authorized by a decision ranting a variance are not exercised within one (1) year of the date of the grant then such rights shall lapse and may be re-established after notice and a new hearing pursuant to the provisions of Mass. Gen L. ch. 40A, §10..." With an emphasis on"may" be re-established, not"will"be re-established. M. Lis states the purpose is being that circumstances can change in a year. If there are substantial changes within that time-frame, ZBA will reconsider. At the time of the first hearing, the applicant owned both of the lots in question. J. Testa asks if the applicant has dealt with the Watershed. Applicant has a copy of the decision that they are in compliance with what the Town of North Andover is requiring and has had two planning board meetings, July 16" and August 13t" and Jean has the approval by the consultant firm. Chair states the Board will not make any decisions based on the plan before them. L. Craig-Comin states the infiltration system plan will need to be submitted so that it is part of the variance decision. Chair would like Applicant to submit all of the documents pertaining to Watershed and to have the engineer change owner of record. Record owner is prior owner. The only change is the house plans. The house is smaller in depth. Applicant approaches Chair with the original plan so she can see the difference. Engineer needs to resubmit. The note about the crushed driveway on the plan was from when the lot was separated into two lots prior to the neighboring purchased the house. Discussions continue regarding prior plan versus current variance application before the Board. Lot 2 lost approximately 12 ft. of their driveway. There is approximately 17 ft. remaining. Updated plot plan and anything and everything that they have done with other boards regarding water. M. Lis states that if the Board is granting a variance on Contiguous Buildable Area("CBA"), then the amount of water issues that it causes is relevant to that variance and would like to have those documents to stipulate them to say that if those things change, then ZBA granting the variance changes,regardless of what happens with the Planning Board. Applicant will address the issues presented and states he is here to build a house for a family to create friends and neighbors, not for a conflict. Applicant will address it with the engineer. Public Comment: ZBA Minutes for September 17,2024 Pa.-e 4 of 7 Town of North Andover ZONING BOARD OF APPEALS Chair states abutter must give their name and address. The Zoning Board is responsible for Zoning issues only. Asks not to repeat too much of the same issues. Melissa Marrama, 327 Salem Street Purchased property(a/k/a Lot 2)in November and moved in January 2024. At this point, it is a huge safety concern for her and states it is very dangerous to exit her driveway. There have been approximately 8.5 feet taken from her driveway. She understands it is her neighbors' land but it is a safety hazard. After the Watershed meeting, Ms. Marrama came home to approximately thirteen boulders, three feet high on a portion of her driveway, which is a hazard. She has a seventeen your old daughter she is concerned will get hit backing out of the driveway. Eight cards have hit the boulders trying to exit the driveway. Has contacted the police, DPW, and the Building Commissioner concerning these issues. Applicant relocated her mailbox which was on his property, her mailbox was physically placed in a bucket on her driveway, causing her to lose even more feet of her driveway. Chair asks about the stake next to the stone wall. Applicant answers when they split the lot, they needed 125 ft. of frontage. Chair asks if the driveway was any safer prior to the boulders and if the driveway had been moved in its entirety, would it be any better for her. Applicant says it was safer prior to the boulders but feels it would not make a difference if the driveway was relocated entirely on her property. M. Marrama was told the fire hydrant could be moved at her expense. M. Ginsburg asks if the boulders were placed marking the lot line. M. Marrama believes it was in retaliation but that they are located on the lot line. J. Testa lives across the street. If the new plan came back last month and there was an easement,would that help solve the problem. Chair states it is not in the purview of the Zoning Board. M. Lis asks if there is room on driveway to turn around or to back into the driveway. M. Marrama states there is no room to turn around and more dangerous to back in. Nathan Styles and Bobbi Xayarath, 240 Marbleridge Road There is a hardship being created for the abutter based on the behavior of the Applicant and they don't know how this is good for the public welfare based on number 6. Applicant is back at the podium. Mr. Erb had a phone conversation with M. Marrama after she bought Lot 2 and said her attorney had advised her to speak with him about an easement. Mr. Erb is not opposed to an easement but stated she has not revisited the issue since that day. Motion made by M. Lis to continue to the October 8, 2024 hearing of the ZBA. Seconded by F. Killilea. The vote to continue is unanimous. 6. New Public Hearing of 1250 Osgood Street The petition of Milford Learning LLC (Owner) and 1250 Osgood Street (Developer) for property at 1250 Osgood Street. The Applicant is requesting a dimensional Variance pursuant to Town of North ZBA Minutes for September 17,2024 Pa.-e 5 of 7 Town of North Andover ZONING BOARD OF APPEALS Andover Zoning Bylaws Section 195-10.8(A) for a front setback for the purpose of razing the existing sign and replacing it with a new ground sign within the existing sign foundation location on the Property. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-6.6.G(3)Permitted signs—Industrial District—One ground sign, containing the name or other identification of the use on the property, for each street on which the property fronts; each sign is limited to an area of 100 square feet. Such sign shall not be located closer than 40 feet to any property line or 20 feet above ground level in the I-2 Zoning District. Specifically, Applicant has requested a setback needing a relief variance of 39.79 feet from the property line (the front setback proposed is 0.21 ft. and the front setback required is 40 feet). Clerk reads the legal notice into the record. Brian Vaughan, Esq. is at the podium representing Applicant. Variances were granted to reconstruct a new building in the same location as the old Hokkaido Restaurant. Attorney Vaughan had mentioned there was a chance of coming back for a sign variance. He thought the sign could qualify for a preexisting non-conforming sign and Applicant did not yet have sign plans. Looking to reconstruct a new sign in almost the exact location as the previous sign. While it is a significant variance, in terms of percentage, this particular site is odd because it is a lone I-2 zoning site and the rest of Route 125 is GB or Business. It is very consistent with other signs in the area. Chair feels since it is a daycare and not a restaurant it is not as important to have a large sign out front since if you are going to this location, it is because you have put it in your GPS. She is also concerned that it is a flat,wide sign and will obstruct the line of sight. Attorney Vaughan states it is consistent with the other signs and there is a lot of traffic on Route 125. Chair counters with the new Starbucks location stating there is not a sign on the street. Attorney Vaughan says Applicants are only seeking a variance for the location of the sign, not due to size of the sign. Discussions continue regarding the need for a road sign. Attorney Vaughan states that a sightline plan has been reviewed as part of the Planning Board and they meet the requirements. Discussions continue regarding line of sight. Attorney Vaughan says there are still in front of the Planning Board and the project is subject to two levels of engineering,peer review and Planning Board determination. Chair asks if there is room for the Applicant to compromise on the design. Attorney Vaughan states Applicants require enough space for all of the tenants and knows it is fully compliant as to the size, but he is willing to ask Applicants. 25 Commerce Way were granted two variances to have two signs and one was less than two feet from the road. ZBA Minutes for September 17,2024 Pa.-e 6 of 7 Town of North Andover ZONING BOARD OF APPEALS Chair will put this application first on the list next month as she anticipates it being a quicker discussion than the other continued matter. Motion made by M. Lis to continue to the October 8, 2024 hearing of the ZBA. Seconded by J. Testa. The vote to continue is unanimous. 7. Adiournment 9:55 p.m. Motion made by M. Lis to adjourn the meeting. Seconded by J. Testa. ZBA Minutes for September 17,2024 Pa.-e 7 of 7