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HomeMy WebLinkAbout2024-11-19 Zoning Board of Appeals Minutes Town of North Andover ZONING BOARD OF APPEALS Members Associate Member " Alexandria A.Jacobs, Esq., Chair Matthew J. Ginsburg �;%i''„��i �a,°� Michael T. Lis, Vice-Chair Zoning Enforcement Officer Frank J.Killilea, Cleric Maul G. Hutchins Laura Craig-Conlin James M.Testa Approved MEETING MINUTES Date of Meeting: Tuesday,November 19,2024 Time of Meeting: 7.30 p.m. Location of Meeting: Town Hall, 120 Main. Street,North Andover,MA 01845 1. Call to Order called at 7:30 Van. Members Present: Alexandria A. Jacobs,Esq., Michael T. Lis, Prank J. Killilea, Laura Craig-Comin, James M. Testa, and Matthew J. Ginsburg,Esq. Staff'Present: Paul Hutchins, Jennifer Battersby Gavel given to: Alexandria A. Jacobs, Esq. Pledge of Allegiance 2. Acceptance of Minutes Motion made by A. Jacobs to accept the October 8 meeting minutes. Seconded by L. Craig-Comin. The vote to approve is unanimous. 3. 0 Winter Street We have a request for a Ca month extension on variance for 0 Winter Street, Attorney Johnson you are here on that tonight, correct. You are just looking for a b month extension on the variance decision 2023 0 Winter Street also known at Lot 1.5. Is there any discussion from the board. Nothing has changed. A. Jacobs - Can I have a motion to allow for a G month extension for the variance for 0 Winter Street. Do we want to check is there are any public comments on an extension. No public comment. Alexandria- motion to extend the variance for 0 winter Street for F months. Can I have a second L. Craig-Cormin seconded, M. Lis, aye, F. Killilea, aye,J. Testa, aye. 4. Continued Public Hearing of 335 Salem Street Applicant is at the podium, lie states that Ire asked for an extension as the engineer was unavailable. A. Jacobs - We will tmake sure you sign a time waiver. Basically we are going to be continuing 335 Salem Street. Notices and agendas are to be posted 48 hours in advance oraa meeting excluding Saturdays,Sundays,and legal holidays,Please reed)in mind tine "Town Clerk's hours oroperation and mane necessary arrangements to be sure that posting is made in an adequate amount of time.A listing or topics the€'Nair reasonably anticipates will be discussed of a meeting are to be listed oil the Agenda.Notes Matters Rim be called out ororder and not as tile,),appear in the Agenda. Rage 1 of 6 Town of North Andover ZONING BOARD OF APPEALS M. Lis - can I have a motion that we continue the public hearing for 335 Salem Street, to December 9, 2024. L. Craig-Comin seconded, Alexandria, aye, F. Killilea, aye, J. Testa, aye, M. Ginsburg, aye. 5. New Heai-ing for 395 Massachusetts Avenue The petition of Santos Osorio and Dianne Osorio for property at 395 Massachusetts Avenue. The Applicants are 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 rear set back in the R-4 Zoning District for the purpose of constructing a 27'x19' pergola. Specifically, Applicants have requested a rear setback needing a relief variance of 10.32 feet (the rear setback proposed is 19.58 feet and the rear setback required per Table 2 is 30.0 feet). Clerk reads the legal notice into the record. Dianne Osorio summarizes their request for a variance and states that the pergola is needed for their children to enjoy the summer, during the rain. Applicant has friends at the meeting in support. The pergola is almost complete. The Board has an email and a letter in support. Chair expresses her concerns for the Applicant coming to the Zoning Board after construction has already begun, due to set backs and setting a precedent. The Applicant states that this is their first house and will not make the mistake again,they were not hiding anything from the town. They did not know the procedure. Discussion was had among the board regarding setting precedent. The pergola is not attached to the house, all open. The pergola is being built on an existing patio. Six pillars. Public Comment. Richard Tudisco of 39 Sylvan Terrace is at the podium. He abuts the Applicant's yard diagonally and states it's a beautiful structure and he does not have a problem with it. It's basically just a covering a pergola, if he wanted to see it every day he could, he can see it from his back porch. He has no issue with it. Joe Ingaharro of 84 Woodstock Road is at the podium. He has seen the pergola and has seen the concrete slab that was already there that they put their six posts on. He states that it is nice it doesn't make it any bigger than the slab that was already there. He cannot see it from his house in the summer, but he can see a little bit of the roof doesn't bother him at all. Hernan Panzavecchia I90 Webster Woods Lane is at the podium. He is not an abutter; he just came in support of the Applicants. A. Jacobs advises the Applicants that they can continue the hearing or they will close the meeting and have a discussion. A. Jacobs makes a motion to close the public comment. Motion was seconded by Laura. F. Killilea, aye, J. Testa, aye, M. Ginsburg, aye. ZBA Minutes for November 19,2024 Page 2 of 6 Town of North Andover ZONING BOARD OF APPEALS Pub]is comment closed. F. Killilea makes a motion to approve a variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3.yards (setbacks)Table 2: Summary of Dimensional Requirements for one rear set back in the R-4 Zoning District for the purpose of constructing a 27'xl9' pergola. Specially, Applicants have requested a rear setback needing a relief variance of 19.68 feet(the rear setback proposed is 10.32 feet and the rear setback required per Table 2 is 30.0 feet). Incorporate by reference Plan of Land by Merrimack Engineering Services dated August 12, 2024 and a set of plans entitled Architectural Plan Set for Santos Osorio, 395 Massachusetts,North Andover, Mass. prepared by CAD Q Design, LLC consisting of three sheets,A-0,A-1 and A-2, undated. Motion was seconded by M. Lis. Vote was taken to approve the variance, L. Craig-Comin, aye, F. Killilea, aye, M. Lis, aye, J. Testa, aye, A. Jacobs, no. The Applicant was advised that a signed decision would be given in a week and to not do any further work on the pergola until the decision is signed and the proper process is taken. A. Jacobs explains the 20 day appeal period to the Applicant. 6. New Public Hearing of 64 Old Cartway The petition of Sukesh Aghara for property at 64 Old Cart Way. 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 side setback in the R-2 Zoning District for the purpose of constructing an addition onto the existing home. Specially,Applicant has requested a right- side setback needing a relief variance of 15.4 ft. (side setback proposed is 14.6 ft., side setback required per Table 2 is 30 feet). Clerk reads the legal notice into the record. Rachel Aghara is at the podium. The application is in her husband's name, but she resides at the home. The Applicant states that they are a multigenerational family and their family is expanding. They would like to building a one level 3 season room, to the side of their home,off the kitchen, that will function as a sunroom, easily accessible to the outdoors. The Board discusses the odd shape of the lot. The Applicant states there are other"oddly" shaped lots in the neighborhood. There are forested areas between her house and the neighbors. M. Ginsburg--Is there an existing deck? Applicant states there is an existing deck, only big enough to fit a grill. The sunroom would be one level and have access to that existing deck. ZBA Minutes for November 19,2024 Page 3 of 6 Town of North Andover ZONING BOARD OF APPEALS M. Ginsburg—The back of the house is 30 from that line at the edge, 14.6' then another 18' to the home itself, you would be 2' clear from the side set back if not for anything else. J. Testa—that deck is probably not conforming. M. Lis points out the closet house is well over 100' from the Applicant's house. The Board discusses functional property line. A. Jacobs—should I open up to the public? Anybody here on 64 Old Cartway. Paul Moss of 65 Cartway is at the podium. He has no objection to the plans. L. Craig-Comin states that a letter was sent in approval of the variance. She asks if the Applicant knows if the neighbor has any plans to use that forested area. Applicant states she doubts it, J. Testa—are we also looking for relief for the proposed storage? Is that part of it? P. Hutchins— is that there already? Applicant states that the storage is there. A. Jacobs—so it's not new? You are not doing anything with it. Applicant states it is just going to be a continuation with the patio. The room is in the front which is over the existing porch then an open patio and then the storage. L. Craig-Comin—there is not currently a structure there now. Applicant states that there is. They bought it in to hold materials for the project. J. Testa--did you have a permit for it? Applicant states she thought that's what the hearing was for. A. Jacobs—explains what the applicant is there for. They are 4" short. M. Lis - so you would have to move it over by 4"to be in compliance. A. Jacobs—would that be a 30+/-? P. Hutchins—yes,there is no lines that are that accurate within 4" if you ask me. M. Ginsburg— it says storage what does that mean, is it a shed? Applicant—it is a shed not attached to the house. ZBA Minutes for November 19,2024 Page 4 of 6 Town of North Andover ZONING BOARD OF APPEALS P. Hutchins—could you move it over 4"? Applicant states they could. You tell us what to do A. Jacobs—if that says 30+/-do we address that? P. Hutchins—yes. A. Jacobs—so here is your option. If the Board makes a decision tonight it would be only on the 14.6 setback,which would currently, as is your plan, leave the storage area, not compliant because Applicant does not have 30 feet. Chair states that if the storage cannot be moved 4 inches, then hearing would be continued until December and an amended plan would have to be submitted Applicant----how do 1 communicate that the storage unit was moved? F. KiIlilea put it on a plan when you go for the building permit. We just don't address that aspect in this approval. If you change it so its 30 feet, you don't have to come back to us. L. Craig- Comin—just slide it over. A. Jacobs—would you move it over 4"? Applicant—yes. How would they communicate that it was moved and what paperwork would be needed. A. Jacobs—Put it on a plan when you go for a building permit. We just don't address it tonight. Applicant states that they will move the storage area. A. Jacobs can I get a motion to close public comment. J. Testa seconded, M. Lisa aye, F. Killilea, aye, L. Craig-Comin, aye. Public comment closed. A. Jacobs -Frank please make a motion Frank 1 move to make a motion to approve a variance 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-2 Zoning District for the purpose of constructing an addition onto the existing home. Specially, Applicant has requested a right side setback needing a relief variance of 15.4 ft. (side setback proposed is 14.6 ft., side setback required per Table 2 is 30 feet). (a) Certified copy plot plan by Spindle City Surveying and Consulting dated September 19, 2024; and (b) Plans by BuildOne dated August 9, 2024 consisting of eight sheets. ZBA Minutes for November I9,2€124 Page 5 of 6 Town of North Andover ZONING BOARD OF APPEALS A. Jacobs -James is seconded, Laura,Aye; Frank,yes, Michael, aye,James, aye, A. Jacobs. You have your approval. Give ine a week and then you will have your 20 day appeal period. 6. 2025 Meeting Schedule Everybody should have received the 2025 meeting schedule. This is going to be what we are looking at. We will be changing the application deadline, it was 30 we are changing it to 12, Applicants 12 o'clock is our new deadline. Discussion on changing our meetings from 7:30 to 7. Chair will look into changing the time to 7:15. Next meeting will still take place at 7:30. 7. Adiournment 8:30 p.m. Alexandria -motion made by M. Lis to adjourn the meeting. Seconded by L. Craig-Comin, ZBA Mimites for November 19,2024 Page 6 of 6