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HomeMy WebLinkAbout2025-06-10 Zoning Board of Appeals Minutes (2) Approved Town of North Andover ZONING BOARD OF APPEALS Members Associate Member Michael T. Lis. Chair ,�;�����"'3"'ID111 r Matthew J. Ginsburg Laura Craig-Comin, Vice-Chair Zachary J. Hachey X Frank J. Killilea, Clerk Melissa Rutherford James M.Testa ������`�� �� Zoning Enforcement Officer Alexandria A.Jacobs, Esq '""° ��i�ie�"��,'��'�� " Paul G. Hutchins MEETING MINUTES Date of Meeting: Tuesday, June 10, 2025 Time of Meeting: 7:30 p.m. Location of Meeting: Town Hall, 120 Main Street,North Andover, MA 01845 Signature: Terri MacNeil 1. Call to Order called at 7:30 p.m. Members Present: Michael T. Lis, Laura Craig-Comin, James T. Testa, Frank J. Killilea, Alexandria A. Jacobs, Matthew J. Ginsburg, Zachary J. Hachey and Melissa Rutherford Staff Present: Terri MacNeil Gavel given to: Michael T. Lis Pledge of Alliance 2. Acceptance of Minutes—May 20, 2025 J. Testa made a motion to accept the minutes for the May 20, 2025 meeting, motion was seconded by L. Craig-Comin; M. Lis, aye, J. Testa, aye, F. Killilea, A. Jacobs, aye, L. Craig-Comin, aye. Behavior durinu public comment Chair reminded the public that physical contact of any kind, no matter how innocent, no matter how minor will not be allowed and will be put out of the room immediately. He will also use a timer, setting it for 5 minutes per person in order for everyone to be heard. 3. Public Hearin: 288 Stiles Street Special Permit This was a case where an application was submitted to obtain a variance for a dog kennel. Town Counsel intervened to let the Board know it cannot grant a variance for use. The Applicants needs to withdraw the Application and they can pursue other means to change the zoning for their property. The Applicant sent a withdrawal letter dated June 3, 2025 and have requested to withdraw the application without prejudice. Chair—with that in mind and in reference to the letter dated June 3, 2025, do I have a motion to withdraw 288 Stiles Street without Prejudice? L. Craig-Comin, so moved. J. Testa seconded. 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 11 Town of North Andover ZONING BOARD OF APPEALS Rollcall vote: J. Testa, aye, L. Craig-Comin, aye, F. Killilea, aye, A. Jacobs, aye, M. Lis, aye. To make clear that it has been withdrawn, J. Testa makes a motion to close public hearing, L. Craig- Comin, seconded. J. Testa, aye, L. Craig-Comin, aye, F. Killilea, aye, A. Jacobs, aye, M. Lis, aye 4. 45 Third Street (Continued from April 8, 2025 Meeting) F. Killilea recuses himself from the Board table as Clerk for 45 Third Street. Brian Vaughan of Smolak and Vaughan on behalf of the Applicant and Ryan Grasso,the Applicant, are at the table. They listened to the Board and the abutters, revised plans were submitted; consolidated the 3 units into a single structure at the corner that would have the appearance of a much larger single family as opposed to multiple units. Sought to maintain as much greenspace. Ryan values his reputation greatly and really cares what the neighbors think. Chair-Asks the Board if they have any questions. • How many parking spaces? • 6 spaces, could be up to 10 • Do you plan to rent or condo? Making it owner occupied by the Bylaws? • Condos, most likely be owner occupied • Shared HOA • No intent to make the Bylaws state that the units need to be owner occupied. • All units are greater than 2,000 square feet interior? • Square footage is listed on the plot plan • 2, 4 and 1 bedrooms • Meets all the setbacks? ■ Not asking for any relief • Height of structure? • Existing structure is 35 feet; proposed structure is a maximum of 35 feet or less. Ryan Grasso spoke to some of the neighbors,not all, tried to maintain as much greenspace as possible, open to other landscaping, fence or boundary lines. View from Dudley Street would be different,the prior plan had the structure closer to the neighbors on Dudley, different view. The structure faces Third Street. Feels like the new design mimics a single family home. • Siding? • Leaning more towards using material R. Grasso has used in the past for longevity and quality,has not concretely decided, would redo what is there. • Dumpster? • Just trash barrels ZBA Minutes for June 10,2025 Page 2 of 11 Town of North Andover ZONING BOARD OF APPEALS Board members comment on how nice the new design is. The Chair asks the Board and the Applicant if they have any more to add before the meeting is open to the public B. Vaughan—R. Grasso really cares and put a lot of thought into this. The hearing was continued one time and in between it was Ryan negotiating against himself, a plan was received and was sent back to the architect,who wasn't at the initial hearing. The Chair opens the meeting up to public comment. Joann Cavallaro— 12 Milton Street is at the podium. • She asks how many bedrooms and bathrooms. 11 bedrooms and 8 bathrooms, so it could be 11 to 22 people. • Large increase in the population on Third Street. • Large structure; looks like a large commercial apartment building. • Can parking on the street be monitored Monitoring the on street parking would be a Town issue; the Applicant has ample parking for the number of units. Joseph Cavallaro— 12 Milton Street—is at the podium. • The tone at the last meeting was that there was a need for housing in the Town, adding residential units to the neighborhood. • Talking about converting a single family into three single units, not a multi-family, so we are tricking the Board, we can't put another single family on this lot so put a massive structure next to an existing single family and we call it three single families. • Nothing says that the units cannot be rented;used as an VRBO to sublet, more trash collection. • He reads the Zoning Bylaws 195.4.3 and 195-10.7. The site is not appropriate. There will need to be a variance granted for setbacks, on the back corner, feels like the bylaws are being waived. Feels like the structure would adversely affect the neighborhood, no condos in the library district. It will be a nuisance. No idea who will rent, lease or sublet the apartments. Granting the Applicant control over the property. A. Jacobs—When someone sells a home in a neighborhood, we have 0 control of who moves into any home at any property located within North Andover. J. Cavallaro—If Mr. Grasso bought that single family and rented it we would have no idea who would move into that is outside of my control. We are looking to convert a single family into 3 units outside of Mr. Grasso's control. A. Jacobs—The implication of we don't know who these people are going to be we don't know who's coming into our neighborhood. I don't like the impression that that gives me. He is looking to add housing, whether it's rental housing, condos, whatever, it is adding housing, I don't think there is much of a distinction between a rental unit and a condo. ZBA Minutes for June 10,2025 Page 3 of 11 Town of North Andover ZONING BOARD OF APPEALS Discussion between Board and Mr. Cavallaro regarding the distinction between an apartment and a condo. Mr. Cavallaro feels that if Mr. Grasso converted it into 3 apartment units, he would be responsible and be able to ask questions. M. Lis—If Mr. Grasso were making these into apartments he could sell that complex to anybody. You would have no control over who the owner of that complex is and you would have to deal with them. In this case it is a condo set with an HOA,which presumably is managed by the people who own and live there. I don't understand what the difference is. J. Cavallaro—we are not talking about who's going to potentially buy that or who the potential renters are. We are talking about granting a special permit and a variance. That is what we are talking about. We are talking about waiving some of the Bylaws to grant special permit A. Jacobs—that is what the Zoning Board is. L. Craig-Comin—Also a special permit is not waiving the Bylaws, it is built into the Bylaws in order to allow consideration over things like this as they come up, there is no variance attached to this just to be clear. J. Cavallaro—the back setback meets the requirements? L. Craig-Comin—It does. Discussion between the Board and Mr. Cavallaro regarding the trash. Barrels will be wheeled out onto the side of the street, like other residents in North Andover. The HOA will not want to increase their bill by putting out a dumpster, when they can put their trash out for free. The Chair- I would like to keep moving on. Karen Mulcahy—57 Third Street is at the podium. • She lives bordering 45 Third Street. Wants to know why she wasn't contacted by the Applicant, when other abutters were. • From the design she will look out over a parking lot. • She is used to a large grassy lawn area. She was asked which plan she would prefer, the prior design which would bring the structure closer to her property or the newer design. The new owner is allowed to build on it. K. Mulcahy • She would prefer not to have the units close to her house, so she is looking in someone's window, and they are looking in hers. They are meeting the setbacks, so there is nothing that can be done. • K. Mulchay prefers the newer design • Has a concern about cars overshooting the intersection. ZBA Minutes for June 10,2025 Page 4 of 11 Town of North Andover ZONING BOARD OF APPEALS John Lyons—65 Third Street is at the podium. • R. Grasso came to his house. Had a wonderful talk, great discussion. • He thanked him for cleaning up the rubbish. • He got to know him. • When I came here I thought he was another entrepreneur,just out to make a buck. You have to see the person himself. • I knew he would be nervous I like that, makes the person human and he does have some dignity and that he has some feelings like the rest of us. • I am impressed with that he did. That is a 180 degree difference from what I saw. That other place looked like a motel. This one starts to look between a Colonial and a Victorian, I like the turret. • My only hang-up is three separate units. It's hard because it has always been 2 family. • You aren't fighting what's going on Third Street, you are fighting the whole onslaught of what's happening to the Town. • I think I recall this is just a request for a variance, it is not a request to change the zoning. M. Lis—It is not even a request for a variance it is for a special permit. L. Craig-Comin—Which is built into the existing zoning, there is no zoning overlay or change to zoning, that would have to go to town meeting. M. Lis—The' zoning allows for single family by right, then allows up to 3 families by special permit. It's not like a variance where we decide that special circumstances allow it, we think it is reasonable. L. Craig-Comin—It gives us the control over the project so that they can't just put in whatever they want, we can have these types of hearings and shape it a little bit more for the neighborhood. J. Lyons - after talking to R. Grasso, he trusts him. If there is any way we could give Karen a little more space, that would be great. Erik Swirsky 1109 Herrick Road is at the podium • Likes the new building design, it's a block from Main Street, there are a lot of businesses there that would appreciate the foot traffic. Not much that can be done about traffic. Stop signs could help. J. Cavallaro— 12 Milton Street is at the podium Likes this design better—wish list, if you look at all the houses, they are white with dark shutters, talks about the color of the house, thinks 7700 square feet is still too big. K. Mulcahy- 57 Third Street is at the podium Mentions a large brown house on Mifflin Drive. R. Grasso—he did attempt to contact Karen Mulcahy on 3 different occasions, one occasion they got disconnected, he believes she hung up on him, he texted her and read his texts to her. He knows he couldn't make everyone happy, but he did make an effort. ZBA Minutes for June 10,2025 Page 5 of 11 Town of North Andover ZONING BOARD OF APPEALS B. Vaughn—one of the other neighbors after our first hearing, as contentious as it was, had the courtesy to approach Ryan and open the communication with Ryan. Ryan responded. No one else approached Ryan after the meeting. He did his best to redesign it and he reached out as much as he could. You can never please everybody. L. Craig-Comin—The 4 floors includes a finished basement. Looks like a 3 story building, which is what currently exists there. M. Ginsburg—Asks about a color R. Grasso—The architect thought that a gray house with white trim would really pop,be a little bit more modern and contemporary, present better. His thought was that there is a white and black vibe coming down the street and that was his original thought. He is open to speaking with the abutter for M. Lis—I do appreciate the effort you have made to try to match the aesthetic, either in color or in design. Appreciates that it is a larger building than a lot of the other building around,but you tried to keep the form in line. J. Testa—Asks about using materials on the exterior that would be low maintenance. L. Craig-Comin—Mentions that smaller HOA's do not have cash reserves, so anything that lasts longer is a great idea. K. Mulcahy—is back at the podium—asks how long the construction will take R. Grasso— • Realistically probably 7 or 8 months. • Discusses topics that came up at the last meeting: • Focused on topics like Conte Funeral Home, St. Michael's School,properties of historic nature, felt like a lot of the topics really directly related to him, but some of the things that he took away from last meeting: • The Town is changing, traffic around Town, do not need to develop every square inch, he agrees. • North Andover is developing, it is changing, there are 900 apartment buildings and high-rises that are being developed, there is an Amazon in town. Not what he grew up with. • Applying for something in an R4 zone, last time he felt like he applied for something in a single family zone and he had no business doing that, and was literally attacked. • He cares about brining quality to this neighborhood. • Talks about his other projects in surrounding area. • He feels that the special permit is appropriate, ample amount of parking, total number of units, not obnoxious, maintain the overall character of the neighborhood, hopes the Board feels the same way. J. Testa makes a motion to close public comment, M. Ginsburg seconds; L. Craig-Comin, M. Lis, aye, J. Testa, aye, A. Jacobs, aye, L. Craig-Comin, aye, M. Ginsburg, aet. Board deliberates. ZBA Minutes for June 10,2025 Page 6 of 11 Town of North Andover ZONING BOARD OF APPEALS The Board talks about North Andover changing and people wanting to live here, refusing to allow any development or new things which usually results in crumbling infrastructure figuring out a design that works for everyone or is tolerable. Embrace change that works for us and not against us, housing is a vital must for growth and development. The community has a decision to make whether we keep the buildings the same or we keep the people the same. Impressed with the Applicant and the abutters for engaging openly and honestly. L. Craig-Comin, the acting clerk makes a motion to approve the request for a special permit and reads the public notice into the record, incorporating: (1) Architectural design of LYFarchitects dated January 28, 2025 and revised on May 27, 2025, Sheets G000 through L901; and (2) Site Plan of Land of Vineyard Engineering and Environmental Services, Inc. dated May 29, 2025, one sheet. M. Ginsburg seconds L. Craig-Comin, M. Lis, aye, J. Testa, aye, A. Jacobs, aye, L. Craig-Comin, aye. Congratulations you have it. 5. New Public Hearing of 123 Brentwood Circle Clerk reads legal notice into the record. Richard Blaine— 123 Brentwood Circle and Christine Connolly currently of Haverhill, but soon of 123 Brentwood Circle and previously of 123 Brentwood Circle, are at the podium. C. Connolly—They are looking to do this project so that she and her husband and 2 kids can inhabit the main home and add on a family suite for her father to be able to live there with them. Lost her mom last year and looking for a way for all of them to be together and back in the home that she grew up in. M. Lis—We have an ADU Bylaw now in the state that allows for construction by right, that obviously comes with limitations for size, is that the reason you are deciding to do a family suite instead of an ADU. C. Connolly - We have no desire to want to rent this in the future. Strictly for family. Discussion among Board members and P. Hutchins regarding ADUs versus family suites. • Family suites will be eliminated after 2028. • P. Hutchins offered an ADU to the applicants,just wanted a family suite. • A question was asked if a family suite will become an ADU, the answer is no, they could reapply as an ADU, if they want to change it, no new permits for family suites after 2028. • The law for family suites is that it is not automatically transferred to a new owner. If they sell this house to someone else, if they wanted to use it as a family suite, they would have to come back to the Board for another special permit. A family suite is lost at the time of sale. ZBA Minutes for June 10,2025 Page 7 of 11 Town of North Andover ZONING BOARD OF APPEALS • After 2028 they couldn't go for a family suite, they would have to apply for a variance to allow for an ADU, ADU is by right. It wouldn't be grandfathered in because it was never an ADU. • Warns the Applicant that it is a weird unknown territory that the Board doesn't understand yet. After 2028, if you sell this house that Buyer is not going to know what they can do with it. • Might affect the value of how you would sell it, whereas an ADU if it fit within the requirements of an ADU, then it would be by right and the person inheriting it would know exactly what they are getting. C. Connoly asks if the person purchasing the house wanted to keep it as a family suite. • M. Lis—They could not, purchasing it as a single family home. In the past they could come back here and request a special permit. After 2028 that goes away, and I don't think we have figured out exactly what that means for a unit like this that is too large to be an ADU. • A. Jacobs—Family is included in switching of ownership. If a new deed is drafted, that completely wipes out any family suite. • F. Killilea—If C. Connolly is buying the house from her father that would be a change of ownership. • L. Craig-Comin—It would have to be done before 2028. • F. Killilea—You would still have to come back because of change of ownership. • M. Lis—They would have to come back but they can't come back until 2028, after 2028 it becomes a lot murkier. None of this is going to be an objection on our part just making sure that the Applicant is informed, it may get complicated after 2028. C. Connolly asks for clarification if prior to 2028, ownership is changed from her father to her and her husband, what would they need to do. • M. Lis— She would have to come back and apply for a special permit to allow for a family suite. • A. Jacobs—The property is in a Trust, the property is not owned by an individual, the property is owned by the Blaine Family Holding Trust, which states that the Trustees are Richard and Kathleen. That changes it a little bit in terms of ownership and we can't give legal advice, so I would consult a lawyer on that aspect of it, but the Applicant isn't technically Richard Blaine. • L. Craig-Comin—When you change the Trustees of a Trust you don't change the deed. • A. Jacobs - That is legal advice. Advises the Applicant to look into the ramifications, where the property is owned by a Trust. • M. Lis—If we accept this now, it won't preclude you from coming back in a year if ownership changes • L. Craig-Comin—Have the final iteration nailed down before 2028. C. Connolly—It will be well before that. • L. Craig-Comin—As a point of clarification in terms of occupancy, if you had an existing family suite, you can still use it as living space, even though it wouldn't be an ADU or a family suite. • P. Hutchins—It is just another room. ZBA Minutes for June 10,2025 Page 8 of 11 Town of North Andover ZONING BOARD OF APPEALS • L. Craig-Comin—If they sold it to someone else, they could still use that as living space, not a separate occupancy permit for that section of the house. • J. Testa—Is there a separate entrance, are you going to be able to get into his side without going outside. C. Connolly—There is a shared mudroom and an exterior entrance, laundry in the upstairs of the existing house and in the primary bathroom of the addition. M. Lis—Asks if there is any public comment. Penilton DaSilva is at the podium, he is their contractor If after 2028 if they decide to go to an ADU, if they cut some of the square footage of the addition, they still can do the ADU in 2028. • P. Hutchins—I wish we could give a straight answer on that. P. DaSilva—the ADU is only 900 square feet and right now they have 1145. • P. Hutchins—They could make the common space bigger or something like that. • J. Testa—At some point if they change family suites to ADUs, they are going to have to grandfather whatever is already existing, but how are they going to be able to. • L. Craig-Comin—But they wouldn't do that as it changes ownership necessarily. • A. Jacobs - In terms of keeping it in a Trust or putting it into somebody's individual name, if they want to pass it down, they can't come in for a family suite. • J. Testa—But at that point it's going to become an ADU. • A. Jacobs—But it wouldn't, it would be too big. • J. Testa—If you take away family suites, it has to become an ADU. • M. Lis—It doesn't. If we have another revision to the Town Bylaw that says that happens, then that could happen. M. Lis—Now is the time that we can move to voting. M. Lis—do we have a motion to close the public comment, J. Testa makes a motion, L. Craig- Comin seconds. M. Lis, aye, J. Testa, aye, L. Craig-Comin, aye, F. Killilea, aye. Board deliberates • Discussion whether the Applicant should ask for an extension, and consult a lawyer and come back to the July meeting. • Suggested that the meeting be opened back up to ask the Applicant if they would like to continue and consult an attorney. • The biggest issue is that if the Applicant decides to either sell the house from the Trust to Christine Connolly and her husband, or if somehow changing the Trustees of the Trust generates a new deed, they would have to come back and get the same special permit. ZBA Minutes for June 10,2025 Page 9 of 11 Town of North Andover ZONING BOARD OF APPEALS • If we continue it to next month assuming you can get a meeting with a lawyer in that time you just delay the process of starting on the project. If they go and talk to a lawyer after this is done and the lawyer says don't do this, build an ADU nothing we have done stops them from doing that. They would have to redo the plans to make it smaller, get 900 square feet. • What are we looking at in terms of cost. • She doesn't have to redo the plans. • I don't disagree that opening it up and giving the option, asks about costs of certified mailings and the application fee, because that is the only added cost. Which is about $800. • If they got a one-month extension, they were able to talk to a lawyer and get some advice on how they should proceed with the trust and the ADU versus the family suite. M. Lis—We can reopen again, let's make a motion L. Craig-Comin—I move to reopen public comment, A. Jacobs seconds, M. Lis, aye, J. Testa, aye, L. Craig-Comin, aye, F. Killilea, aye Meeting is reopened M. Lis—Addresses the Applicant - Mr. Testa wants to know do you want to continue so that you can talk to a lawyer, figure out where you want to go first or do you want to simply proceed with this deliberation. C. Connolly—If we continue with this and we stick to the plans and then ownership is changed and we resubmit for a special permit, are we able to use existing plans. M. Lis—The cost would be notifying the abutters,you would have to come back here. R. Blaine—we would rather proceed and not have an extension C. Connolly—Thank you for laying out all of the options J. Testa makes a motion to close public hearing, L. Craig-Comin seconds. A. Jacobs aye, M. Lis, aye, J. Testa, aye, L. Craig-Comin, aye, F. Killilea, aye. Board deliberates F. Killilea—I move to approve a special permit—reads notice into the record Incorporates into the decision: (1) The plans that were submitted, including a proposed plot plan by Control Point Associates consisting of one sheet and dated April 10, 2025; and (2) 19 sheets of plans by SoulvePlus dated April 8, 2025 J. Testa— seconds, A. Jacobs aye, M. Lis, aye, J. Testa, aye, L. Craig-Comin, aye, F. Killilea, aye, M.. Lis, aye ZBA Minutes for June 10,2025 Page 10 of 11 Town of North Andover ZONING BOARD OF APPEALS M. Lis—do we have a motion to adjourn. L. Craig-Comin moves to adjourn this meeting, M. Ginsburg seconds all in favor 6. Adjournment 9:30 p.m. ZBA Minutes for June 10,2025 Page 11 of 11