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Home My WebLink AboutDecision - 1665 GREAT POND ROAD 5/16/2017 Town of North Andover ZONING BOARD OF APPEALS R1.7CF_1VE0_ A 11)e r t I ]Manzi I11,1 sq.Cbedowalt Town Clerk Time Stamp H.11en 11. McIntvre, T17ce-ChairmatiTH 2017 MAY 16 AM 9: 28 D.Paul Koch jr,Esq. Oak Doug Ludgin iUari Cuscia �.rsociafe.Alembeis Dvney Morganthal MASSACHUSET AY..0, Nathan Weirucich ACHU 1lcxandria Jacobs,Esq. Notice of Decision Year 2016 Property at: 1665 Great Pond Road (Map 62, Parcel 19), North Andover,NIA 01845. Any appeal shall be filed within(20)days after the date of filing of this notice in the office of the Town Clerk per Mass,Gen.L ch,40A,§17 NAME TKZ LLC. REARLNG(S):May 09,2017 ADDRESS: 1665 Great Pond Road(Map 62,Parcel 19),North Andover,MA 01845 1 PETITION: 2017-006 The North Andover Board of Appeals held a public hearing at The Town Hall,at 120 Main Street,North Andover, MA on Tuesday, May 09, 2017 at 7:30 PM on the application of TKZ LLC,, for property located at 1665 Great Pond Road (Map 62, Parcel 19), North Andover, MA 01845. The Petitioner is requesting Variance pursuant to section 4.136.3.c.ii.3 for construction of a new permanent structure (in-ground pool) in the R-I Zoning District. For 1665 Great Pond Road, variance is requested under Section 4.136(Watershed Protection Division), 3 (Uses and Building Requirements), c. ii (3) (Non-Disturbance Buffer Zone), of the Zoning Bylaws. 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, on April 25th and May 2nd 2017 The following regular voting members were present;Ellen McIntyre,Paul Koch and Doug Ludgin also associate members,Alexandria Jacobs,Nathan Weinreich and Deney Morganthal. D.P. Koch made a motion to Grant Variance under Section 7.1 and Table 2 of the Zoning Bylaw in the R-1 Zoning District for a variance pursuant to section 4.136.3.c.ii.3 for construction of a new permanent structure in the R-1 Zoning District. For 1665 Great Pond Road,variance is requested under Section 4.136(Watershed Protection Division), 3 (Uses and Building Requirements), c. ii(3)(Non-Disturbance Buffer Zone), of the Zoning Bylaws. With the following Conditions: Upon Approvals from the other Town of North Andover Boards, and an update filed with the ZBA on the approved project. The dwelling that is constructed must stay with the boundaries as shown in the "Site Plan" containing one (1) sheet, Showing Lot A, (Assessor's Map 62 Lot 19)Prepared by Andover Consultants Inc.,Dated March 28,2017 D. Ludgin second the motion to grant the Variance All those in favor of the Variances were Ellen McIntyre,Paul Koch and Doug Ludgin,Nathan Weinreich and Deney Morganthal. 5-0 all in favor Chairman declared approved Variance Granted. Page 1 of 2 The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise,to the petitioner(s)or applicant(s). The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw. The Board also finds that this use, as developed by the building&site plans, is an appropriate location for such a use and will not adversely affect the neighborhood.There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off-street parking. Adequate and appropriate facilities will be provided to the proposed single family dwelling. The Board finds that the new in-ground pool will not be substantially more detrimental to the neighborhood and that this use, is in harmony with the neighborhood and the general purpose and intent of this Bylaw. Site: 1665 Great Pond Road (Map 62, Parcel 19), North Andover, MA 01845. The Petitioner is requesting Variance pursuant to section 4.136.3.c.ii.3 for construction of a new permanent structure (in-ground pool) in the R-1 Zoning District. For 1665 Great Pond Road, variance is requested under Section 4,136(Watershed Protection Division), 3 (Uses and Building Requirements), c. ii (3) (Non-Disturbance Buffer Zone), of the Zoning Bylaws Plan(s)Title: 1)""Site Plan"containing one(1)sheet, Showing Lot A, (Assessor's Map 62 Lot 19)Prepared by Andover Consultants Inc.,Dated March 28, 2017 2)Engineer's Certification prepared by Dennis A. Griecci,MA P.E. #49318 Voting in favor: Ellen McIntyre,Paul Koch,Doug Ludgin,Deney Morganthal and Nathan Weinreich. Voting in the Negative: 0 Variance granted 5 in favor(Granted) The Board finds that the applicant has satisfied the provisions of Under Section 4.136.3.c.ii.3 to construct an in-ground pool,for 1665 Great Pond Road(Map 62,Parcel 19)North Andover,MA 01845 in an R-1 Zoning District. Notes; 1. This decisions 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 I year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. North Andover Zoning Board of Appeals Ellen McIntyre,Acting Chairperson D. Paul Koch,Esq., Clerk Doug Ludgin Deney Morganthal Nathan Weinreich Decision 2017-006 Page 2 of 2