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HomeMy WebLinkAbout2024-10-08 Zoning Board of Appeals Minutes Town of North Andover ZONING BOARD OF APPEALS Members � Associate Member Alexandria A.Jacobs, Esq., Chair �� %;�J Matthew J.Ginsburg Michael T. Lis, Vice-Chair Zoning Enforcement Officer J.Killilea,, Clerk Paul G.Hutchins Laura Craig-Cumin James M.Testa 0 MEETING MINUTES Date of Meeting: Tuesday, October 08, 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, 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 trade by M. Lis to accept the September 17, 2024 meeting :minutes. Seconded by M. Ginsburg. The vote to approve is unanimous. 3. Continued 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). James Erb Owner, JCE Property Development, Inc. requests a continuance in order to ensure a full quorum. Motion made by F. Killilea to continue to the November 19, 2024 hearing of the ZBA. Seconded. by M. Ginsburg. The vote to continue is unanimous 5-0. Notices and agendas are to be posted 48 hours in advance ora mecting excluding:Saturdays,Suudays,and legal holidays.Please Beep in unhad tlae Town Clerk's hours of operation and male necessary arrangements to be sane that posting is made in an adequate anuoun't of tonne.A fisting of topics the Chair reasonably anticipates will be discussed at a meeting are to be listed on like Agenda.Note:Matters u�be called out of order and not as they appear in the Agenda. Page t of Town of North Andover ZONING BOARD OF APPEALS 4. Continued 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 Andover Zoning Bylaws Section 195-10.8(A) for a fiont 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). Brian Vau han Es . is at the podium representing Applicant. Applicant submitted a revised signage plan and took Board's comments from the September 17"' meeting into consideration. Applicant proposes to change the type of sign from a monument to a pylon sign, reduce the size of the sign facade, as well as move the sign back 6 ft off of the lot line in order to create better visibility. Motion made by M. Lis to close public comment. Seconded by J. Testa. The vote to close is unanimous 5-0. The board deliberates. Motion made by F. Killilea to approve the variance reflecting the requested changes 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 34 feet from the property line (the front setback proposed is 6 ft. and the front setback required is 40 feet). Seconded by M. Ginsburg. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. J. Testa voted yes. M. Ginsburg voted yes. The vote to approve is unanimous 5-0. The following documents were referenced: (1) Plan of Land prepared by Merrimack Engineering Services dated August 12, 2024; revised September 30, 2024, containing one (1)page; and (2) Pylon Sign Plan prepared by Jarmel Kizel Architects and Engineers Inc. dated October 01, 2024, containing one (1) page. 5. New Public Hearing of 82 Liberty Street The petition of Dirk Landgraf for property at 82 Liberty Street. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks) ZBA Minutes for 00ober 8,2024 Page 2 of 6 Town of North Andover ZONING BOARD OF APPEALS Table 2: Summary of Dimensional Requirements for one side setback in the R-1 Zoning District for the purpose of constructing a garage onto the existing house. Specifically, Applicant has requested a side setback needing a relief variance of 11.7 ft(the side setback proposed is 18.3 ft. and the side setback required per Table 2 is 30.0 ft). Clerk reads the legal notice into the record. Robert Melvin, Stamski& McNary is at the podium representing the Applicant. This is a nonconforming lot with insufficient frontage and insufficient lot area and contains a bordering vegetative wetland on the southern portion of the lot which projects a 100 ft. buffer zone. There is an existing single-family house and no formal garage or parking area aside from the driveway. The property contains two leech pits and a private well. Applicant is requesting an 18.3-foot offset from the property line in order to construct a two-car garage and this request is being made due to the lot shape, topography is constricting the ability to construct the garage. The existing dwelling is located within the 50 ft. no build zone that is required by the Conservation Commission. East and West is consumed almost entirely by the 50 ft. no build zone. The rear yard is several feet lower than the existing dwelling floor. Chair asks if they are in front of conservation. Conservation didn't offer much feedback and stated they are looking for Applicant to obtain approval from Z,BA prior to moving forward with Conservation. M. Ginsburg asks if there are other wetlands in the area. All the houses on the street have two car garages. Building Commissioner states the house was built in 1987. The applicant is proposing to leave a vegetated buffer between the garage and the property line. Chair stipulates that the Applicant resubmit the Plot Plan with the correct county to have it state "Essex County" in the two locations where it incorrectly states "Middlesex County". Motion made by M. Lis to close the public comment. Seconded by M. Ginsburg. The vote to close in unanimous 5-0. The board deliberates. Motion made by F. Killilea to approve the Variance for the side setback pursuant to Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks)Table 2: Summary of Dimensional Requirements for one side setback in the R-1 Zoning District for the purpose of constructing a garage onto the existing house. Specifically, Applicant has requested a side setback needing a relief variance of 11.7 ft (the side setback proposed is 18.3 ft. and the side setback required per Table 2 is 30.0 ft) with the condition that the Plot Plan be revised to change the reference from Middlesex County to Essex County. Seconded by M. Lis. A. Jacobs voted yes. M. ZBA Minutes for October 8,2024 Pagc 3 of 6 Town of North Andover ZONING BOARD OF APPEALS Lis voted yes. F. Killilea voted yes. J. Testa voted yes. M. Ginsburg voted yes. The vote to approve is unanimous 5-0. The following documents were referenced: (1) Proposed Plot Plan prepared by Stamski and McNary, Inc. dated February 06, 2024; Revised October 09, 2024, containing one (1)page; and (2) Floor and Elevation Plans prepared by Acorn Deck House Company dated August 07, 2023, containing five (5) pages. 6. Neiv Public Hearin_ _of 157 Greene Street The petition of Abigail Anderson for property at 157 Greene Street. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3 Yards (Setbacks) Table 2: Summary of Dimensional Requirements for one front setback in the R-4 Zoning District for the purpose of constricting a new covered front entry on the existing house. Specifically, Applicant has requested a front setback needing a relief variance of 9.7 ft. (the front setback proposed is 20.3 ft, and the front setback required per Table 2 is 30.0 ft). Clerk reads the legal notice into the record. Abby Anderson 157 Greene Street is at the podium, The front entry is in need of repair as it is deteriorating. The existing steps are dangerous, there is no landing and no railing. Applicant is proposing to reconstruct the steps and add a landing and railings. Applicant would need a variance to do anything. The proposed plan would bring the steps out a couple of feet further. J, Testa asks Building Commissioner if open stairs need to meet the setback. Building Commissioner states yes. The existing stairs are currently closer than 30 ft. Toni & Bill Wolfenden of 133 Greene Street sent a letter indicating that they are in support of the proj ect. Terry Holland of 183 Greene Street sent a letter indicating that they are in support of the project. Motion made by M. Lis to close the public comment. Seconded by J. Testa. The vote to close is unanimous 5-0. The board deliberates. Motion made by F. Killilea to approve the variance for a front setback in the R-4 Zoning District for the purpose of constricting a new covered front entry on the existing house. Specifically, Applicant has requested a front setback needing a relief variance of 9.7 ft. (the front setback proposed is 20.3 ft, and the front setback required per Table 2 is 30.0 ft). Seconded by M. Lis. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. J. Testa voted yes. M. Ginsburg voted yes. The vote to approve is unanimous 5-0. The following documents were referenced: ZBA Minutes for October 8,2024 Page 4 of 6 Town of North Andover ZONING BOARD OF APPEALS (1) Plot Plan of Land prepared by Sullivan Engineering Group, LLC dated August 27, 2024 containing one (1) page; and (2) Architectural Elevation and Floor Plans prepared for Anderson Residence dated June 08, 2024, containing four(4) pages. 7. New Public Hearing of LIa1 Turnpike Street The petition of Michael Mullaney (McKenzie Engineering Co., Inc.) as agent for Metrowest Realty LLC for property at 1101 Turnpike Street. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks) Attachment 3, Table 2: Summary of Dimensional Requirements for one rear setback and in the I-1 Zoning District for the purpose of constructing a pole barn for weather protection for electric service bucket trucks. Specifically, Applicant has requested a rear setback needing a relief variance of 589 feet(the rear setback proposed is 41.1 feet and the rear setback required per Table 2 is 100 feet). Clerk reads the legal notice into the record, Michael Mullaney, McKenzie Engineering Co., Inc. is at the podium representing the property holder for National Grid. The project proposed is a pole barn (three-sided structure)that will provide weather protection for existing electric service vehicles (aka bucket trucks or pole placing trucks) so that responders can be expedited in the event of inclement weather. The pole barn could not be sited effectively elsewhere on the property due to existing conditions, including wetlands. There is an order of conditions from the Conversation Commission that was issued 3 years ago, Applicant is applying for an extension. The project is compliant with respect to both state and local wetlands requirements. The project has also received a waiver of site plan review from the Planning Board on September 24, 2024. Traffic circulation patterns wouldn't allow this to be safely located to meet with 100-foot setback which Applicant seeks relief from. There is an existing mature canopy of trees between this property and the R-2 zone property to the West, the closet residential structure is 280 feet from where this pole barn would be located. Existing buffer is 30 feet deep it wouldn't meet the 50 feet that is required of Zoning for landscape buffer beyond those 30 feet. The trees will remain, extending onto the adjacent property. The effective buffer depth is about 135 feet or more to that residential property to the north, that canopy wraps around the property and it's at least 100 feet deep to another residential area. The proposed pole barn will not be visible from any surrounding properties, nor will it be visible from Turnpike Street. It is harmony with the purchase and intent of the bylaw because it would help mitigate sounds from idling trucks as well. The board deliberates. Z13A Minutes for October 8,2024 Page 5 of 6 Town of North Andover ZONING BOARD OF APPEALS Motion made by M. Lis to close the public connnent. Seconded by J. Testa. M. Lis voted yes. F. Killllea voted yes. A. Jacobs voted yes, J. Testa voted yes. M. Ginsburg voted yes. The vote to close is unanimous. The board deliberates. Motion made by F. Killilea to approve Variance pursuant to Town of North Andover Zoning Bylaws Section 195 —7.3 yards setbacks Attachment 3, Table 2: Summary of Dimensional Requirements for one rate setback in the 1-1 Zoning District for the purpose of constructing a pole barn for weather protection for electric service bucket trucks. Specifically, Applicant has requested a rear setback needing a relief variance of 58.9 feet. The rear setback proposed is 41.1 feet and the rear setback required for Table 2 is 100 feet. Seconded by M. Ginsburg. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. J. Testa voted yes. M. Ginsburg voted yes. The vote to approve is unanimous 5-0. The following documents were referenced: (1) Certified Plot Plan prepared by Coneco Engineers & Scientists dated August 07, 2024, containing one (1)page; (2) Proposed Pole Barn Conceptual Visuals prepared by McKenzie Engineering Company, Inc. dated September 19, 2024, containing four (4)pages (G 1-1, G 1-2, G2-1, G2-2); and (3) Layout and Elevation Schematics prepared by McKenzie Engineering Company Inc. dated July 03, 2018, containing three (3)pages (A2-1, A2-2, A2-3). 8. 2025 Meeting Schedule Motion made by F, Killilea to continue the 2025 meeting schedule until the November 19, 2024 meeting. Seconded by M. Lis. A. Jacobs voted yes. M. Lis voted yes, F. Killilea voted yes. J. Testa voted yes. M. Ginsburg voted yes. The vote to continue is unanimous 5-0. 9. Adiournment -8:32p.m. Motion made by M. Ginsburg to adjourn the meeting. Seconded by M. Lis. The vote to adjourn is unanimous 5-0. ZBA Minutes for October 8,2024 Page 6 of 6