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HomeMy WebLinkAbout2020-10-06 Zoning Board of Appeals Minutes 012PI-0 veci 12Y) Town of North Andover ZONING BOARD OF APPEALS Members Associate Members .Paul Koch,Jr,,Esq,,Chairman 111 Michael T.Lis Ellen P.McIntyre, Vice-Chairman Steven R. Seide Allan Cuscia Frank J.Killilea Alexandria A.Jacobs,Esq. Zoning Enforcement Officer Ronn R.Faigen Paul G.Hutchins MEETING MINUTES Date of Meeting: Tuesday, October 06, 2020 Time of Meeting: 7:30 PM Location of Meeting: Virtual Meeting Signature: Jennifer Battersby Town Clerk Date Stamp: 1. Call to Order called 7:30nnr Members Present: D. Paul Koch, Jr., Esq., Ellen P. McIntyre, Alexandria A. Jacobs, Esq., Ronn R. Faigen, Steven R. Seide, Michael T. Lis, and Frank J. Killilea Staff Present: Jennifer Battersby Gavel given to: D. Paul Koch, Jr. Pledge of Allegiance Chairman makes preliminary announcement that this is a meeting of public record, is,being broadcast and recorded, and that anyone watching may email ZBA administrator with any questions, comments, or opinions. Chairman reads the Supplemental Legal Notice into the record. 2. Acceptance of Minutes Motion made by Ronn R. Faigen to approve the September 08, 2020 meeting minutes. Seconded by Steven R. Seide. The vote to approve is unanimous 5­0. 3. New Public Heariniz of 303 Chestnut Street The petition of The Winslow Drive Realty Group,LLC,Brian J. Boyle, Manager for property at 303 Chestnut Street a/k/a Lot I Hillside Road (Map 098C, Parcel 0008),North Andover,MA 01845 in the R-3 Zoning District. The Applicant is requesting a Variance pursuant to Section 195- 7.1(A) of the Town of North Andover Zoning Bylaws for the purpose of reconstructing a single family ]ionic on a vacant lot. Alexandria A. Jacobs reads the Legal Notice into the record. Notices and agendas are to be posted 48 hours in advance of a meeting excluding Saturdays,Sundays,and legal holidays. Please keep in njind the Town ClerWs 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 (hey appear in the Agenda. Pagel of3 Town of North Andover ZONING BOARD OF APPEALS Richard Byers, Esq.,North Andover Applicant purchased the property from the Busbys. Has already been approved by conservation. The lot is large but falls short of conformance because calculations do not include buffer zone in the calculation of contiguous buildable area(CBA). No other variances are required. Chairman clarifies some of the building is going to be in the 100 foot buffer zone,but there is no relief needed for that. There is enough land,just not enough available land because the buffer zone is not included in the calculation of CBA. Discussion continues regarding contiguous building area and interpretation. Discussion opened to public. Chairman reads email from the Devins, abutters at 311 Chestnut Street: As a follow up to our conversation today our question applies to the condition of the lot in general! We have no objections to building an approved home on the lot but would like to see the property cleaned tip ASAP. As neighbors to the Busby's for many years we were used to a seenic view next door and when the property was sold to Mr. Boyle we appeared at the hearing in favor of the construction of two homes which should have been finished a couple of years ago. The first home went tip quickly and is a great asset to the neighborhood but this second lot has been allowed to deteriorate and become totally overgrown and essentially creating an eyesore with multiple trees down along the brook, with stumps that go back to the original clearing for construction next door, all of which are very unattractive and serve as a haven for wild animals. When will the lot be cleared? Applicant responds that as the house looks next door is how it will be left once built and apologizes that it has taken so long. Chairman requests that Applicant clean up the overgrown conditions. William DiAdamo abutter. While it sounds like the new house is going to go oil the location of the old house, what is the difference in size between the new one and the old one and is the new one going to be substantially larger? Applicant answers and discussion continues regarding size. William DiAdanto, So the footprint will be the same but now multiple stories so it will look significantly different? Applicant answers that the old house was a Cape and the new house is a Colonial style. Chairman clarifies that the footprints are not the same,there will be some overlap, but not identical. Lynn Wentzel,294 Chestnut Street I am the neighbor across the street at 294 Chestnut Street, The Busby house was 900 sq. ft.,a 4,000 sq. ft. house is much larger than the previous house, four times larger. Applicant respectfully disagrees and states the Busby house had an unfinished space upstairs. Discussion continues regarding size of the original house versus proposed house. Motion made by Ronn R. Faigen to close the public comment. Seconded by Michael T. Lis. The motion to close is unanimous 5-0. Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS The Board deliberates. Motion made by Alexandria A. Jacobs, Esq. to approve the variance for the purpose of reconstructing a single- family home on a vacant lot. Seconded by Ellen P. McIntyre. The motion to approve the variance is 4-1. The following plans and exhibits were referenced: (1) Plan of Land prepared by Donohoe Survey, Inc. dated December 7,2015, containing one (1)page; (2) Site PIan(Lot 1)prepared by ASB Design Group, LLC dated April 16, 2020,containing one(1) page; (3) Proposed Plan prepared by Donohoe Survey, Inc. dated September 8, 2020,containing two(2)pages; (4) Recent History of Property prepared by Applicant, undated, containing one(1)page; (5) Letter from Donohoe Survey, Inc. to Brian Boyle dated August 24, 2020, containing one(1)page; (6) Letter fi-om Donohoe Survey, Inc. to Brian Boyle dated August 25, 2020, containing one(1)page; and (7) Floor Plans and Exterior Elevations prepared by Amanda L. Robichaud dated April 06,2020, containing eight(8)pages(A I, A2,A3, A4, A5,A6, A7,and A8). With the following condition: (1) The Applicant shall clear the land of debris and overgrowth within thirty(30)days from the date of the filing of this Decision. 4. Adjournment, meeting adjourned at 8:45 m Motion made by Michael T. Lis to adjourn the meeting. Seconded by Rorm R. Faigen. The vote to adjourn is unanimous 5-0. Page 3 of 3