actually creative. We're able to maintain 200 ft of house and that's a confir that's changed. difference. So although there are some similarities to the request and that the application I recognize that statute if you elect not to the same the same application period that's your discretion to do so but again we But it's not because it's a larger one now good addition size now the issue of subfort basically the application employers. so again that's up to you but the background of this application is pretty much the same. We are creating a new record here so I'm going through it very briefly. my client again acquired two properties the house. as you may recall, there's the chance not if we were able to fall into the section 4.12 and if we were able to prove that in 1950 If you recall that we ran into the town has no record of fire to what prior to6 so we're not aside and we see tonight So, so in response to comments you last meeting that I there was some about the the being and also it was just too small. So what we've done is again by jogging that linear road we are able to be 200 ft of the rear line and actually now we're able to increase the front proposed line rather significantly as well. presently that a lot closer. It's actually about 18,000. We're able to lose that 31 66% increase again with your regulations. And if you compare it to the last significant additional move towards And if you recall here two parts closer to the house
will still the cases that I have spoken to in the past and in order to address that I would feel that it is either I put it on the record, but I'll put it on the record again. 38 silver 31,000 at 20% 18,000 and at 80% 20 pretty directly across across the street overall was 800. So I can assure you that based on discussions that are sufficient size area and terrain in order to support it just pushing as far as we can to make it more. Again, we are significantly better than what it exist I'm sorry 137 and if you have questions about But the They were here presentation then it was continued So, so right now a which is the existing line proposed 70,85.
So there is I guess still a little bit of land in there that we would have to
So, so to answer your question, could we make the bigger either just so that that number be 66% bigger than it is now being 70% bigger and the house probably just wouldn't be that simple getting closer anyway. Okay. something. We could probably do that and maybe but it would be an adjustment most likely to
right. Yeah, we probably also than that. They need to go to So, so it doesn't have to be that shape has you know, build a house there to help us with things. My husband bought property when he was 25 years old. loves the lake. We take our grandkids there. We wanted our children to be able to be close because even though I said maybe we should downsize considering he's not And so that's what we have no but this is important. This is important and your time is important. too. She got a different size. No,
because because That's totally accurate. The only thing that you can determine based on the size and the frontage and the fact is now there are a number of but if you determine that it's substant
everything you're going to say has to be. the 87 my question now is lots to the new proposed than what we show here because now we have you look out at our table we have exactly but we could do something with this and make more to give you a little bit more but to give you more felt it was necessary to get closer because we have you know just under 10,000 square feet still access their house which I've explained practically why they don't get it but if you think just the number to get closer even further to get which is why I wanted to make sure I got on the record. I would say significantly. take through that. So if you have high and the previous application had the square footage of the law and 25,18 square feet. So that's an increase over the previous application of 24%. And in the frontage we had totally I did.
And I put it right in the computer and said, "What is the percentage increase from this to this?"
Remarkable. Hey you guys, I got no audio coming through.
We fixed it.
All right. Do you have anything to contribute to our meeting? That's a good thing.
Maybe try chatting with him. Is there a chat feature?
I can hear you now.
We hear you as well. Were did you which which item would you wish to comment on?
No, I'm sorry. I came in late. I I thought we were doing a review of the POC tonight on the agenda.
No, that was last night at the planning and zoning commission meeting.
This is this is
I'm sorry.
Board of Appeals meeting.
Okay. Sorry. Came into the wrong meeting. Okay,
I'll sign off. Sorry about that.
No problem.
All right. So, with our new business, we're going to deliberate and act on application 261 ZBA seeking a variance. applicant is seeking relief from sections 11.2 two of the Andover zoning regulations to reduce the nonconformities of the currently vacant parcel on Bosola Road MBLU 324853 CB. The applicant's intention is to adjust the property lines between the vacant property and 52 Moloto Road, both owned or co-owned by the applicant. The proposed additional land added to the vacant parcel is intended to support the construction of a single family dwelling on the vacant parcel. So with that we go on to adoption of the January 21 we have to discuss that. Oh I thought we okay let's discuss Oh deliberation. Sorry I'm jumping. Okay. some deliberation on the proposal before us.
So you can discuss some
so I think it was based on your point. So you've I think said that there's two things that are needing to be so substantial improvement. That's the first thing. Yes.
Substantial substantial change. Yeah.
Okay. So if we agreed that it's a substantial change then we move on to grant the variance or not. I I would say that I think it is a substantial change from the previous application. I think also I mean it's really interesting to note that even the zoning regulations have changed as well since then to include the element of frontage. but I think if if we'll remember collectively as a group, one of the main things that I think had people kind of a little hesitant to approve the last application was the fact that the septic was going to be on a on an easement. And I think that was one of my main reservations, even though ultimately in the last one, I don't know
if I'm allowed to say, but I I voted in favor of accepting that application. But I do remember like that was my main hesitation with the original application as well. mostly geared toward like what happens if someone were to eventually sell that parcel and how do you rectify any issues that might take place in the future regarding a septic which and then I also feel that we're to understand that septic is not really our purview as long as it's approved by the health sanitarian department
hat was that was my concern also at the last man was was the septic that's not our concern or whatever.
It's not that's not approved by by
the sanitation department
and and I think that the easement issue has been completely resolved with the new application. I'm going to look at the the sun. I I think that was a a pretty good effort in increasing the size of the 24. It's almost a 25% increases.
Yeah,
not bad.
I agree. I think 24% is a substantial increase
and I and I'm more comfortable knowing which neighbors I I didn't see that at the less medium I
and also the comparative like the comparisons to other lots that are similar in size in the immediate vicinity as well. I think they're making a substantial effort the kind of match. So someone like do you want to discuss this anymore? I'm very fortunate to have a double lot when I purchased it. It's only 78 of an acre. So I I think we need to agree or or find out if there's agreement that this is a substantial change from the original proposal before we proceed. Right.
Yes. So yes. Yes. Yes. Because if we don't agree on that then then the next is so so I think it's a substantial difference. Would you like to make do we make a motion? I don't think
you don't need you wouldn't need a motion. Just if that's your that's your Yeah. Exactly. Go around the table. see if how everybody feels about that and then the next step would be a motion to approve the ver itself.
Oh okay. I agree there substantial difference from the previous application. I do.
Okay. What do you think?
I think so too.
Yeah.
I agree there 24% is substantial. Okay. I'll go on that page. So that's that's one. So we we agree that it's this this proposal represents a substantial difference from the original proposal. Okay. So part two
so let's look at the motion. So we have two draft motions. so we can oh well a few choices here. we can continue deliberations to the next regular meeting and we have 65 days from the close of the hearing to decide this matter. if anyone has an appetite for that as far as motions we can approve with conditions. does do people have this? we can move that the application 261 ZBA Christine Gomes be approved with conditions as the proposal provides for a reduction in nonconformities associated with partial parcel MBLU 324853 ZB and overland records volume 147 page 797 specifically the board varies section 11.2 2 Andover Lake District lot area from 60,000 square ft to 31,210 square ft and lot frontage from 200 square ft to 119.09 09 ft. 200 ft. I thought I said square feet. Sorry. To 109 ft as depicted in the boundary reconfiguration plan prepared by Rob Hellstrom Land Surveying LLC debate dated December 4th, 2025, revised February 16th, 2026. So the conditions the boundary reconfiguration plan prepared by Robstrom Land Survey LLC dated December 4th, 2025 revised February 16th, 2026 shall be filled with Andover Town Clerk. compliance with the plans submitted in
support of the application and any statements made by the applicant in its application materials and presentations to the board. alternately alternatively we have a possibility of a motion to deny move.
You don't have to read. No
I don't. Okay. Are you making the motion to approve? You read the whole
Do we have an opportunity now to present any conditions to approve?
You can you can do additional ones if you wish. You could propose them organizing the first thing I suppose if someone to I believe the chair made this motion.
Correct.
no, I thought I was reading lots of people. No, I actually didn't make a motion. So anyone could can move per this and then you can suggest additional motion to approve or deny. What?
Fred just read.
You can. These are drafts. This is a draft.
This is the board's motion.
You So we can modify the
any way you want. Any way you want.
So So I I'll make this motion and then we can modify it. Right.
So you're making a motion to approve and then we can discuss.
No. No.
So that's not that's not how it's done. Correct. It's you you would make modifications and and then move or or how
ell one board member can move what's printed here and that's
or another board member can move what's printed here and and right from the get-go add something. So if you want to make the motion and add some other condition that's not here, you can do that or Joan can make the motion. It could be second and we could move to amend it to add another condition on the field is wonderful.
Okay. With regard to conditions, what are people thinking? the house is a sold on spec. The new house is sold on spec. Yeah.
The barriers. That's not the the board the board can't condition. Well, actually you know land use commission can condition on on ownership or sale or purchase. the the the various will run with the land.
So the state of view what their intention is but if god forbid something changes tomorrow they could sell the lot and we can't I don't I can't think of any conditions that
so does her your motion still stands right? Yes, you made your motion.
I will second the motion to approve the variances as as per this draft.
Okay. So, we have a second.
You may discuss questions about that.
I I'm not clear on what sort of conditions would be proposed. Well, for example, to add on some square footage to the lot from lot A that that you and I both brought up, it is slightly different.
Understanding you're still going to have a nonconforming lot and parcel B. So,
yeah,
right to to increase the size of lots
A not conforming like the rest of the
we can make A non-conforming. We we have we can make B more conforming. We can propose to make B more conforming with regard to square books.
So, I'm going to say I don't know if everybody else went and looked at the properties.
I saw them and I know exactly what they're talking about because
I've been through it. Yeah, it drops right down. And I mean, it'll maybe look nicer on paper, but it isn't going to
Okay. It's probably not going to change what either owner is going to do to the
land because it just it's just woods that are kind of steep.
Okay. So that I'm not sure it's worth
you know
I don't think it benefits the board or the town like in any way or I I think it's completely neutral point whether there's a 10,000 foot 10,000 square foot difference that is the handoff between this proposal with A versus B.
Oh, I see this as as a possible burden on on the the land owners to have to go and revise it. Financial burn for what game,
right?
Yeah. Cisco
I I think it's a neutral I think it's a a mood. Yeah. my contribution to the total discussion here would be that I was by the end of the last presentation it it took some convincing but I was ready to approve the last variance. I think this is substantially more compliant with what the town set yeah with the zoning regulations than what was originally proposed. So okay. So any other discussion we want to have about this? All right. So we have a motion and we've seconded it. Right. Yeah. So, let's go forward. All in favor?
I Okay.
Thank you very much for your time and consideration.
Okay.
Appreciate it. Thank you.
I'm just going to say I live in a lake, too, and they're carrying me out.
I bought that house when I was 23. We end up hard to think is from the lake.
Now the grandkids think they get like
that's papa police.
We live very close to the lake, not at the lake. And we're just watching for when one of you guys leaves.
Y guys, thank you. Congratulations.
Have a good night everybody.
Yeah. Okay. Good night. So well the pretty u riser will fill you in. You'll be getting some correspondence from me and you'll be having come here to the town hall and do some filing
right has to be found with the town land records that the tree riser knows all.
Thank you.
Good luck.
we're set to move on to the next parts.
Yep.
Moving along to item number six, adoption of the January 21 minutes.
So, have you got a chance to look at those and so again?
Okay. Well, I I'll make a motion that we we approve those minutes. We can do
no wea.
Yeah.
See who wasted orange.
We approve for putting the February third unit as 6A.
Okay. So I move that we approve the February the 3rd minute. we'll get through it real quick. Okay.
Yeah. I second that.
Okay. M seconds. All in favor? I had all of you were here.
So,
wait, wait. No, you have to have been here to
Well, either that you would have to listen to the
for the minutes.
Yes.
Actually, not read the minutes.
Yeah. A lot of people say that, but what what your vote when you approve minutes, you're simply voting that you accept what the secretary proposed.
Yeah. dirty.
You It'd be nice if you were there, but you you you're also allowed to just say, "I trust the secretary. I'm sure they're right."
Yeah, that's why I wanted to look through.
All right.
Okay. So, we had all in favor on February 3rd minutes.
Did you do the January 21st?
Yeah.
Well, now that's that's coming.
Okay. Now, we move to 6A. the
No, vice versa.
Oh. Oh, January. Oh, okay. So, we just approved the January 21, right?
Okay. Sorry about that.
okay. So, next 6A is the February 3rd. So,
and I'll move to approve the House to February 3rd minutes into the
Do we have a second on that?
Second.
Okay. Joan seconds. all in favor? I
Okay, that was unanimous.
Board discussion. Oh, alternate vacancy. so Le, how do we how do we go about that? We have
Well, this is this is just discussion purposes right now. I sent you guys an email to explain what was going on. the board by state law, you're supposed to have five regular members and three alternates. The board has been running with only two alternates. there is some question and town clerk and I have been trying to figure out exactly how that came to be.
Well, you you should have an ordinance reading.
Yeah. And we have an ordinance telling Hello.
And I gave you guys a copy of of the it's actually in the charter, but the charter. Okay. Right. It's in the charter how how vacancies are filled. So essentially the charter tells us that the town clerk has to be notified and the chair of the board notifies the major political parties and the public of this vacancy and solicits interest applications whatever in filling the vacancy. the board would then interview these people and appoint somebody
the board appoints the board. Yep. The vacancy is filled to the the effective agency. So appoint this person to fill any vacancy. It's in the charter. So you would interview get bring people in interview and you have to respect the minority representation but you would appoint somebody for the alternate position. and that person would serve until the t the term expires until the vacant the vacant person's term expires. Does that make sense?
Yes. Right.
We have not come to an answer as to who left the board and when their expires. I suspect that this vacancy has been around so long that that person's term has expired. In which case, I don't know what we're going to do.
But I hope to come to you with an answer at some point.
Okay.
If that's the case.
So now we have
you have a total of four and two.
No, we have five regular members and two alternatives. Okay. And we need five members and three alters.
And that's in the charter, too.
That's that is in the charter, too. Well, stay well. Well,
it's in the charter until the next election.
That may be that may be
What are your what are the terms? Are they four year terms?
Four year terms.
You see, that's why you don't know if it's an next election or is it two elections from
Are they all in the same are position? They're they're two years off. And can you explain the minority representation rule?
There has to be somebody from the minority party that rep the board can't be all one party.
Well, I'm thinking of dropping my affiliation.
That's okay. If you drop your affiliation, you can be counted as either. It's easier to get elected if you get a not you don't have to be affiliated but if you just get talk to leaders one of the parties and have them u if you're not affiliated and you're endorsed by one of the major parties you get counted as that party except rep
that party did can I run independent
you can you can it's a pain Joe because you have to go get paperwork from the secretary to stay and you have to get signatures. It's better if you get endorsement
regardless of your feelings about the party if you get endorsement make your life kind of irrelevant to what we're
Yeah. I just understand better. So
I heard you say it and I
Well, no.
Yeah.
Anyway, right now
So right now I don't I don't have enough information to
Yeah.
adequately inform the board of path forward.
So question then. So, it's up it's up to the chair of the board to make that announce well to notify the town clerk and the public.
Yep.
So, if we don't know the answer to that, shouldn't we not?
Well, I'm going to wait until I hear from Wayne.
Yeah. Okay. All right. I'm going to let him start.
We should be consulting attorney Brance or
that's Brian O'Brien. I'll be probably consulting attorney over. So once Wayne tells me what the deal is, then I'll
then you go ahead.
If we can't figure out who's missing and when their term expire if we can figure that out and we have an expiration date, then we're just going to follow this way presented.
because we had we had a couple people who just stopped showing up. We had Elo and
I was hoping Bill would be here tonight.
Yeah, Bill. Bill is the probably the one that knows the answers to the question.
Yeah,
with Elo and some other some guy who I never knew.
Bill knew what he was doing when he stepped down from CH.
Anyway, that's it.
Don't want to miss this.
Right now, it's just discussion. friend, you just
So, so I I guess hypothetically we're looking for another alternate.
Yeah. Yes. Kind of.
And if I decide that this is interfering with my life, you might be looking for two.
Okay.
Well, don't do that to us.
I was just going to say no to that tonight. I mean,
I know the you know, I happen to be off work until the 30th, so I don't normally I normally get up 3 3 4:00 in the morning. which it makes this a problem for my lifestyle.
Okay.
And we might actually I I was talking to Bill about this yesterday. Julia Heil has a conflict with this and so we might not actually have Julia's services very often or at all.
She's an alternative.
Julie is a real Julia's on
Yeah, Julia's on the floor. She has a long-standing conflict on Thursday nights. I don't know why she ran this and
Wednesday whatever she has she has a long-standing conflict with our she ran and got on here but she's had that conflict. So we may not see her very often in so I checked that before and said
yeah but Julia didn't. So here we are. Democrats don't know that he was willing to run for the alternative. Will you do it? All right.
That's how you get roped into this stuff. But knowing that I had to be here, I'm here.
Yeah. If I had to, you know, and notice saying it.
Well, we're we're happy to have you.
Yeah. Yeah. because at best it's having five people to hear these things is
really I think it's it's important.
Well, especially it takes four affirmative votes.
Yeah.
So there's only four people here
and it's got to be a lot of a lot of applicants if they see only four members they'll ask you they don't even want to want you to vote because they they know that then they can't afford to lose even one person.
Yeah. Yeah. So it's in their best interest to ask for an extension.
So as long as you know they don't need it and you let me know.
Yeah. Unfortunately, we don't meet every month. So
that's why that's my beginning.
There's nothing on the agenda for for next month as of
I'm also on the board of library and the ancient burial ground. I'm running I'm the one running the community garden. Oh, look at that. Okay. So So that's it. That's all I have to say on on that.
All right. Well, thank you everybody. So, motion to adjurnn. Second.
Okay. I guess I made the motion to adjourn and I in favor we all