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HomeMy WebLinkAbout2025.9.9 Minutes ZBA approved - tlm Town of North Andover ZONING BOARD OF APPEALS Approved 1/14/2026 Members Associate Member Michael T. Lis., Chair Matthew J. Ginsburg Laura Craig-Comin, Vice-Chair Zachary J. Hachey Frank J. Killilea, Clerk Melissa Rutherford James M. Testa Zoning Enforcement Officer Alexandria A. Jacobs, Esq Paul G. Hutchins MEETING MINUTES Date of Meeting: Tuesday, September 9, 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: Alexandria A. Jacobs, Esq., Michael T. Lis, Frank J. Killilea, James M. Testa, Laura Craig-Comin, Matthew J. Ginsburg and Melissa Rutherford Staff Present: Terri MacNeil Gavel given to: Michael T. Lis Pledge of Allegiance 2. Acceptance of Minutes Motion made by Laura Craig-Comin to accept the July 17, 2025 meeting minutes. Seconded by Matthew J. Ginsburg; A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes, J. Testa voted yes, L. Craig-Comin voted yes. The vote to approve is unanimous. 3. New Public Hearing of 19 Surrey Drive The petition of Rachel and Brandon James of 19 Surrey Drive. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3, Table 2 (Dimensional Requirements) for one side setback in the R-4 Zoning District for the purposes of constructing a 14x30 foot garage; specifically, Applicant has requested a side setback needing a relief variance of 12 feet (the side setback proposed is 3.0 feet and the side setback required per Table 2 is 15.0 feet). Clerk reads legal notice into the record. Brandon James, 19 Surrey Drive is at the podium. He and his wife purchased the house in 2017. Mr. James states they are requesting a variance to construct a garage. They have run out of space in the house. The garage will be well designed and will match the house. This plan will be a lesser financial burden to them. He also stated that their house has flooded due the significantly different topography created by the Senior Center. Their backyard is affected by the drainage and holds water 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 3 Town of North Andover ZONING BOARD OF APPEALS longer and things are settling and moving. There is an existing garage, which has run out of space and their attic is filled with AC duct work. The Senior Center project cut into their French drain, that has been fixed, but he feels like the drainage issue from the Senior Center will never be fixed. The garage will give them privacy from the Senior Center and possibly a sound barrier from the traffic on Sutton Street. It will not alleviate the flooding. He had statements from neighbors who could not attend the meeting in favor of this project. Those were not read into the record, but will be placed in his Zoning file. Motion made by James M. Testa to close the public comment. Seconded by Laura Craig-Comin. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. J. Testa voted yes, Laura Craig- Comin voted yes. The vote to close is unanimous 5-0. The board deliberates. Motion made Frank J. Killilea to grant the VARIANCE pursuant to Town of North Andover Zoning Bylaws Section 195-7.3, Table 2 Seconded by Laura Craig-Comin. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. J. Testa voted yes, Laura Craig-Comin voted yes. The vote to grant the variance is unanimous 5-0. The following documents/plans were submitted with the application or referenced at the public hearing: (1) Site Plan dated August 7, 2025 by Dillis & Roy Civil Design Group. 4. New Public Hearing of 111 Barker Street The petition of William McElroy of 111 Barker Street. The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-3.3, Section S Table 2 (Dimensional Requirements) for one side setback in the R-2 Zoning District for the purposes of constructing a 12’ x 16’ shed; specifically, Applicant has requested a side setback needing a relief variance of 20.0 feet (the side setback proposed is 10.0 feet and the side setback required per Table 2 is 30.0 feet). Clerk reads legal notice into the record. William McElroy of 111 Barker Street is at the podium. He and his wife, Tiffany Goodard purchased the house just over 4 years ago. They are awaiting child number 4 and need more space to store a ride on lawnmower, patio furniture, etc. in the winter. Most of their square footage is in the front yard which wouldn’t make sense to put the shed there, not a lot of opportunity to place the shed in another spot. There is an existing vinyl fence, then a chain link fence. The chain link fence would be removed and the shed would be placed there. There is a long driveway next to the property line, those abutters are in favor of the project. One abutter over would have a view of the shed, he has spoken to them, they are in favor. ZBA Minutes for March 19, 2024 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS Laura Craig-Comin makes a motion to close public comment, Frank J. Killilea seconds the motion. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. J. Testa voted yes, Laura Craig-Comin voted yes. The vote to close is unanimous 5-0. The board deliberates Alexandra A. Jacobs feels that a double digit variance is a lot to ask, that the Board has Bylaws in place for a reason. But there are also variances in place for a reason. Discussion was held whether the Applicant could reposition the shed to get closer to the setback requirement or closing in the bottom of the deck for storage. This cannot be done as the deck is not tall enough. By asking the Applicant to come back to the Board with a redesign plan, would cause a hardship on the Applicant as well as taking a chance that the design would be worse than what is proposed. These options would be to just enforce the zoning protocol. Motion made by Frank J. Killilea to grant the Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3, Table 2. Seconded by Laura Craig-Comin. A. Jacobs voted no. M. Lis voted yes. F. Killilea voted yes. J. Testa voted yes, Laura Craig-Comin voted yes. The vote to grant the variance is 4-1. The following documents/plans were submitted with the application or referenced at the public hearing: (1) Site Plan dated July 3, 2025 by Merrimack Engineering Services with an attached photograph of the site. 5. Adjournment: 8:15 P.M. Motion made by Alexandria A. Jacobs to adjourn the meeting. Seconded by Laura Craig-Comin. A. Jacobs voted yes. M. Lis voted yes. F. Killilea voted yes. J. Testa voted yes, Laura Craig-Comin voted yes. The vote to adjourn is unanimous. Meeting adjourned at 8:15 p.m. ZBA Minutes for March 19, 2024 Page 3 of 3