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HomeMy WebLinkAbout2019-10-01 Zoning Board of Appeals Minutes q Town of North Andover ZONING BOARD OF APPEALS Members I �i „ Associate Members 1 D. Michael'T. Lis D.Paul Koch,Jr., Esq., Chairman // f Ellen P. McIntyre, Vice-Chairman Steven R.Seid'e Allan Cuscia Frank J. Kill'ilea Alexandria A.Jacobs, Esq. Zoning Enforcement Officer Ronn R.Faigen 1q 's. Paul C. Hutchins MEETING MINUTES Date of Meeting: October 1, 2019 Time of Meeting: 7:30 PM Location of Meeting School Administration Building, 566 Main Street,North Andover, MA, 01845 Signature: Jennifer Battersby Town Clerk.Date Stamp: i 1. Call to (archer called at 7:31pm � Members Present D. Patel Koch, Jr., ]Alen P. McIntyre, Allan Cuscia, Ronal R. Faigen, Alexandria A. Jacobs, Michael T. Lis, Steven R. Seide, Frank J. Killilea Staff Present: Merylle Chase Gavel given to: D. Paul Koch, Jr. Pledge of Allegiance i 2. New Public Hearin re: 18 Cotuit Street The petition of Joseph W. synch and Margaret A. Lynch for property at 18 Cotuit Street(Map 024.0, Parcel 0001), North Andover, MA 01845 in the R-4 Zoning District. A Special Permit is requested under Section 195-4.2(Q) of the Zoning Bylaws. Second, the Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3 Yards (setbacks), Table 2 (Dimensional Requirements)to replace a one car garage ; with a two car garage and build a second floor addition in the R-4 Zoning District, A Variance from Section 195-7.3 Yards (setbacks), Table 2 (Dimensional Requirements) of the j Zoning Bylaws, for one side setback in the R-4 Zoning District to replace a one car garage with a two car garage and build a second floor addition. Side setback proposed is 1.2.2 feet, side setback required per Table 2 is 15.0 feet. The relief variance needed is 2.8 feet. A Variance from Section 195-7.3 Yards (setbacks), Table 2 (Dimensional Requirements) of the Zoning Bylaws, for one rear setback in the R-4 Zoning District to replace a one car garage with a two car garage and build a second floor addition. Rear setback proposed is 21.7 feet, side setback required t per Table 2 is 30.0 feet. The relief variance needed is 8.3 feet. 1 I Notices and agendas are to be posted 48 hours in advance of a meeting excluding Saturdays,Sundays,and legal holidays. Please keep in mince the Torun Clerk's hours of operation and makc nccessary°arrangements to be sure that posting,is made in nit adequate amount of tinte. A listing of topics the Chair reasonably anticipates will be discussed at a meeting are to be listed on the Agenda. Note: Matters plaa,be called out of order and not as they,appear in the Agenda. Page I of 4 Town of North Andover ZONING BOARD OF APPEALS Applicant, Joseph Lynch would like to demolish an old garage that is caving in and add a family suite. The lot slopes making it impossible to build on the right side of the lot. Would like to set the garage back, add a stair lift, and widen the bathroom, hallways, and doorways. In order to accommodate the stair lift, the footprint went from 24' to 30'. The rear variance is only required by a few inches due to a porch. Proposed addition is consistent with the character of the neighborhood. Chairman clarifies the need for this to continue to be a single family hone and that the family suite is only for a relative of current owner. Applicant states square footage of house is approximately 1,900 and the family suite addition will be 900 square feet. Bylaws require family suite to be no more than 25% of existing living space. Board and Applicant continue to discuss square footage. Chairman recommends a continuance in order to supply accurate square footage and specific plans. Discussion opened to public. Robert Norvedo 36-38 Cotuit Street Mr. Norvedo does not have any problem with his plans but has a sunken driveway and wants to make sure there is proper drainage because he knows Applicant has issues with flooding. When Applicant removed shrubs he ended up with water in his driveway. Applicant states addition is going on right side to avoid water issues. Old garage size is 18x22. Garage is increasing significantly in size therefore Board requests a rainwater mitigation plan. Applicant would like to use the rainwater runoff for an irrigation system. Board requests to see a design at the next meeting. Motion made by Allan Cuscia to continue the meeting to November 12, 2019. Seconded by Alexandria A. Jacobs. The vote to continue the meeting is unanimous 5-0. 3. Continued Public Hearing re: 17 Herrick Road The petition of Thomas Zahoruiko for property. _ at 17 Herrick Road (Map 016.0, Parcel 0017), North Andover, MA 01845 in the R-4 Zoning District. The Applicant is requesting Variances pursuant to Town of North Andover Zoning Bylaws, Section 195-7.1 Lot area and 195-7.2 Street frontage for a new home in the R-4 Zoning District. The Applicant is requesting a Variance from Section 195-7.1 Lot Area of the Zoning Bylaws, for lot area in the R-4 Zoning District to construct a new home. Lot area proposed is 5,613 square feet, lot area required is 12,500 square feet. The relief variance needed is 6,887 square feet. The Applicant is requesting a Variance from Section 195-7.2 Street Frontage of the Zoning Bylaws, for street frontage in the R-4 Zoning District to construct a new home. Street frontage proposed is 50 feet, street frontage required is 100 feet. The relief variance needed is 50 feet. Tom Zahoruiko 1665 Great Pond Road resubmitted plans more consistent with the neighborhood in lot size and home design but believes this plan will need more variances. Proposed design is a Dutch Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS gambrel. Board asks what relief would be required for new design. Applicant believes the following variances will be needed: • Lot area for existing lot and house; • Side setback because would only be 7.5 feet to the garage on that lot; • Frontage affected on both lots. Discussion opened to public. Jen Rule, 25 Herrick Road Even though the lines have changed on the new plans, nothing has changed as far as the house size and will still affect her. Marc Credi, 18 Lyman Road Lives directly behind proposed house. Is happier with the new plans but still feels the lot is too small for the house. Leslie Kulpinski, 19 Little Road Most of the houses across the street or near Lyman that are 1,700 square feet or larger are on larger lots, at least %4 acre. Speaks about ratios of property to house, stating the proposed is much larger, and still feels the house is too large for the space. Carol Sumner,_1.2,Little Road Has concerns about the house size in proportion to the lot and character of the neighborhood. Applicant would like to know if the neighbors would support a house that is exactly the average house of all 26 in the neighborhood. Alexandria Jacobs asks if there is a possibility to make the house smaller. Applicant states yes and this will be the only house that complies with all. Steve Seide drove by Iot and it appears that the proposed house would be set back a little farther than a majority of the other homes in the neighborhood. Mrs. Gibbs says when they bought the house they never realized it had an additional lot. They paid taxes on the extra lot every year. The original house was 1,700 sq. ft. and they would not be here if it hadn't burned to the ground last year due to the gas explosions. Michael Lis thinks the proposed house is a much better design and thinks this is a step forward. Ellen McIntyre questions if a slightly smaller Douse is going to make a difference to the neighbors. • Marc Credi states the home sold 20 years ago about 2 or 3 years after the bylaws had passed. It was not a buildable lot. • Leslie Kulpinski prefers no house, but would not oppose a 1,400 sq. ft. house. • Carol Sumner prefers no house. • Jen Rule prefers no house. Board asks if it would be possible to redesign a smaller house. Mr. Zalroruiko is willing to redesign a smaller house that is the average of all 26 houses in the area, feels the average might be approximately 1,600 sq. ft. Chairman requests Applicant to take a look at the square footage, storm water management, and what zoning relief will be triggered. Page 3 of 4 Town of Noah Andover ZONING BOARD OF APPEALS Motion made by Alexandria A, Jacobs to continue the meeting to November 12, 2019. Seconded by Roan R. Faigen. The vote to continue is unanimous 5-0. 4. Acceptance of 2020 Meeting Schedule Motion made by Ronn R. Faigen to continue the acceptance of meeting schedule to November 12, 2019 meeting. Seconded by Alexandria A. Jacobs. The vote to continue is unanimous 5-0. 5. Ad'ournment inecting ad'ourned at 9:18 Yn Motion made by Allan Cuscia to adjourn the meeting. Seconded by Alexandria A. Jacobs. The vote to adjourn is unanimous 5-0. Page 4 of