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Home My WebLink AboutDecision - 1077 OSGOOD STREET 1/22/2013 Town m~^f North Andover ZONING BOARD OF APPEALLS0�'�' �` 0c� Albert P.Nlami Di.Dsq.(]iaivoux [Uovx�du�m.7Av/�m*m» 2013 °^n 22 PH |^ 05 Kichxrdj.Dy,o.FI`qClerk 1). Paul Koch}c'ow, �O\YJ Ui Allan Cuscia AmmiawA6twbeo _ Michael 11.Liporto IIA��|�US�? ' � -as Ladon, Toxvn Cle, am,xump This is to certify that twenty(20)days Joyce without filing of an a peal Date t2 Any appeal O ohubofileJ*ithn(20) Notice o[Decision Town Clerk days after the date of filing ofthis Year 2013 notice hn the offioxof the Town Clerk, P |V7?Osgood Street North Andover MAO]845 NAME: Williarn Yameen,Angus Realty Corp IJEARING(S): 14 Aug,2012,9 Oct 2012, 13 Nov2012, 8 Dec 2012 and Jan 8'2013 ADDRESS: 1077 Osgood Street(Map 35 Parcel 27), PETITION: 2012-007 North Andover,MA 0 1845 � . � The North Andover Board of Appeals hokj u public hearing at the Town Hal I, at 120 Main Street, North � Andover, M \� ou Tuesday, Jun �' X, 2013 a17:30 PMon the application mf William Yumoeu (Angus Realty Corp) for property located at l077 Osgood Street (Map 35 Parcel %7l,North Andover,MA 01046. Petitioner � is requesting u \/uduuoe from Soudou 4.136, (Watershed Protection Division) and 4.136 x ii (�\. Applicant proposes the Construction of bunk (u new permanent structure) and is roquoadngu- 'uriunoofinoutbelouingBoardof/\npeu|uintbo(3BZoningDiobiut. Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office, and were published in the Eagle-Tribune, a newspaper of general circulation in the Town of North Andover, ou July 3),2Ol2 and August 7` 20l2. The following regular voting members were present: Albert P. Manzi U['Ellen P.McIntyre, 8Jubun1 J. Byers, D. Paul Koch Jr. and Allan Cusoiu. /\aoociutu members present were Michael l.ipndo, Deuoy&YorQuntba| and Doug|uaLudgiu. Upon u motion by Richard Byers to GRANT the Variance to allow Under Section 4.136, and 4.136 u ii (3) of the Watershed Protection Division to construct u new permanent structure of batik within the � � ' 'on-Diaturbunuo3ouu" this is allowed by Special Permit by the Planning Board only after uVariance has been granted by the Zoning Board ofAppeals. � Allan Cusuia second the motion to Grant the Variance � All those in favor: Albert P. Manzi Dl, Ellen P. McIntyre, Richard J. Byers and&||un Cu»uiu � Not in Favor: D. Paul Koch Jr 4-1 � The 8oun] finds that owing to oircurnetuuocy o:\o1ingto soil conditions, shape, or topography of the \uud � or structures and especially affecting such land or structures but not affecting generally the zoning district � in general,u literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial o, otherwise, tothe petitioner or applicant. The Board finds that desirable relief may be granted without uobmtundu| detriment tothe public good and without nullifying or muhutun1iuUy derogating from the intent of the purpose of this bylaw � The Board also finds that this use, as developed 6v the building 8t site p1uun, is on upp[opriatu location for � such u use and will not adversely affect the neighborhood. There will bo no nuisance or serious hazard 1ovehicles or pcdeotddum, provisions � required. Adequate and appropriate facilities will hc provided to the proyooe re. The Board � A Tiii 00»*y � Page of �&°°~�7��w�� \' . w.'x \ Y~ ymw"{�� ~� � finds that the new proposed bank will not be substantially more detrimental to the area and that this use is in harmony with the general purpose and intent of this Bylaw. Site: 1077 Osgood Street(Map 35 Parcel 27), North Andover,MA 01845 Under Section 4.136 and 4.136 c. ii(3)of the Zoning Bylaw,The Construction of a new Permanent Structure within the"Non-Disturbance Zone"is allowed by Special Permit by the Planning Board only after a Variance has been granted by the Zoning Board of Appeals. GB District. Plan(s)Title: 1)"Plot Plan of land"containing one(1)sheet. Prepared by Lynnfield Engineering, INC., 199 Newbury Street Suite 11,Danvers Ma.01923,dated July 18,2012. 2)"Proposed Schematic Layout Plan",containing one(1)sheet,Prepared by Lynnfield Engineering,INC.. 199 Newbury Street Suite 11,Danvers MA,01923,dated July 18, 2012. 3)`Exterior Elevations of the Pentucket Bank(in color)"containing two(2)sheet, showing all four(4)sides of bank.Prepared by Lloyd Architects,2 High Cliff,and Plymouth MA.02360,dated June 17,2012. 4)Preliminary Floor Plan,showing interior. 5)Traftic impact and Access Study Prepared by Bayside Engineering Woburn MA, Dated November 27,2012 6)Preliminary Stormwater Analysis and Calculations Butcher Boy Markets Dated December 11,2012 Voting in favor: Albert P.Manzi 111,Ellen P.McIntyre,Richard J.Byers,Allan Cuscia, Voting in the Negative: D.Paul Koch Jr. Voting results 4-1 The Board finds that the applicant has satisfied the provisions Under Section 4.136 and 4.136 c.ii(3)of the Zoning Bylaw,for the Construction of a new Permanent Structure of a bank within the"Non-Disturbance Zone"in a GB Zoning District. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2. The granting of the Variance as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state, and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. 3. If the rights authorized by the Variance are not exercised within two(2)years of the date of the grant, it shall lapse,and may be re-established only after notice,and a new hearing. NYert Andover Zonin Board of Appeals A P. M anzi III, Esq., Chairman Ellen P.McIntyre, Vice-Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr., Esq., Allan Cuscia Decision 2012-007 Page 2 of 2