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HomeMy WebLinkAboutDecision - 575 OSGOOD STREET 1/27/2017 or Town of North Anterul 1--2017 a 11 _ 19C. ZONING BOARD OF APPEALS,-,CEIVPD Albert P.Manzi IIT,Esq.Chairman $lien P.McIntyre,Vice-Chairman D.Paul Koch Jr,Esq.Clerk 2 1U ff 0 L� r� r3 DougLudginr IJ.y'Mit a� Allan Cuscia A.uoeiate lWembers _ Deaey Morganthal ? Nathan Weinteich , Alexandria Jacobs,Esq, Town Clerk Time Stamp This is to*&-Ofy that twentY(20)days have elapsed ImM date of decision,filed Any appeal shall be filed within(20) Notice of Decision wlt rNAlling of a days after the date of filing of this 'Y'ear 2016 � / Joyce A.13rad5haw notice in the office of the Town Clerk, 00* per Mass.Gen.L. ch.40A, §17 Property at:Pond Pasture @ Rear of 575 Osgood Street(Map 36, Parcel 002),North Andover,MA 01845 in the R-1 Zoning District. NAME Pond Pasture LLC BEARING(S): September 13,2016,October 11, 2016,November 01,2016&December 13,2016 ADDRESS:Pond Pastarea@ Rear of 575 Osgood PETITION:2016-013 Street The North Andover Board of Appeals held a public hearing at The Town Hall, at 120 Main Street,North Andover,MA on Tuesday, December 13, 2016 at 7:30 PM on the application of Pond Pasture LLC , for property located at Pond Pasture @ Rear of 575 Osgood Street(Map 36,Parcel 002),North Andover,MA 01845. The Petitioner is requesting dimensional variance for the Construction of a new permanent structure in the R-1 Zoning District,pursuant to Sections 4.136 and 4.136.C.ii.3.A Variance is requested pursuant to Sections 4.136 (Watershed Protection Division), 3 (Uses and Building Requirements), c.13 (Non-Disturbance Buffer Zone),of the Zoning By-Laws of the Zoning Bylaw 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 August 30th and September 060'2016 The following regular voting members were present,Albert P.Manzi III,Ellen P.McIntyre,Paul Koch, and Doug Ludgin also present associate members,Deney Morganthal,Nathan Weinreich and Alexandria Jacobs. D.Paul Koch made a motion to Grant Variance under Sections 4.136 and 4.136.C.H.3 of the Zoning Bylaw in the R-1 Zoning District for a variance for Pond Pasture @ Rear of 575 Osgood Street(Map 36, Parcel 002), North Andover, MA 01845, for the Construction of a new permanent structure in the R-1 Zoning District,pursuant to Sections 4.136 and 4.136.C.ii.3.A Variance is requested pursuant to Sections 4.136 (Watershed Protection Division), 3 (Uses and Building Requirements), c.ii.3 (Non-Disturbance Buffer Zone),of the Zoning By-Laws of the Zoning Bylaw Ellen McIntyre second the motion to grant the Variances All those in favor of the Variances were,Ellen McIntyre,D.Paui Koch,Nathan Weinreich and Alexandria Jacobs 4-0 all in favor Chaiirmau Albert Allinii YU declared the Variance Approved. 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 li e t ircement,of the provisions of the Bylaw will involve substantial hardship, financial or otherwiselkq t@. ,i. er(s)or applicant(s).The Board finds that desirable relief may be granted c9 .. Page] of 3 Town Clork tx' Bk 14978 Pg104 #3229 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 Haat the new single fancily home 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: Pond Pasture @ Rear of 575 Osgood Street (Map 36, Parcel 002), North Andover, MA 01845.Petitioners,Pond Pasture LLC.Variance under Sections 4.136 and 4.136.C.ii.3 of the Zoning Bylaws in the R-1 Zonin District,for the Construction of a new permanent structure. Plan(s) Title: 1. Drawing set containing five(5)sheets,Prepared by SMRT Architects and Engineers,dated 08/18/2016 2. Drawing Set containing twenty six(26) sheets,prepared by . SMRT Architects and Engineers, dated 10/25/2016 3. Existing Conditions Plan containing one(1)sheet,prepared by SMRT Architects and Engineers, dated 08118/2016. 4. Storm Water Management Report,prepared by SMRT Architects and Engineers,dated 08/17/2016-10/31/2016 5. Relocated Easement Area containing One(1)sheet,prepared by SMRT Architects and Engineers, dated 09/30/2016 6. Lighting Options containing One(1)sheet,prepared by SMRT Architects and Engineers,dated 09/30/2016 7. Fire Apparatus Turning Study containing One(1)sheet, prepared by SMRT Architects and Engineers,dated 09/30/2016 8. Proposed Gravel Parking Area containing One(1)sheet, prepared by SMRT Architects and Engineers,dated 09/30/2016 9. Vacated Easement Area containing two(2)sheets,prepared by SMRT Architects and Engineers, dated 09/30/2016 10. Existing Conditions Plan containing One(1)sheet,prepared by SMRT Architects and Engineers,dated 09/30/2016 11. Proposed Site Plan containing Two(2) sheets,prepared by SMRT Architects and Engineers,dated 08/18/2016 & 10/14/2016Exterior Rendering Color Concepts containing One (1)sheet,prepared by SMRT Architects and Engineers, dated 10/04/2016 12. Town of North Andover Planning Board Decision—Site Plan Review Modification,dated 11/01/2016 13. Town of North Andover Planning Board Decision—Continuing Care Retirement Center(CCRC)Special Permit,dated 11/01/2016 14. Torun of North Andover Planning Board Decision—Watershed Protection District Special Permit,dated 11/01/2016 15. Storm water Pollution Prevention Plan,Prepared by SMRT Architects and Engineers,dated 08/17/2016 16. Storm Water Review,prepared by Eggleston Environmental dated 09/08/2016, 10/12/2016 IT Division of Fisheries&Wildlife letter dated 08/24/2016 18. TEC Peer Review 43 dated 09112/2016, 10/2512016, 10/27/2016 Page 2 of 3 Bk 14978 Pg105 #3229 Town of North Andover R ZONING BOARD OF APPEALS Albert P.Manzi 111,Esq. Ckdrmmt Ellen P.Mclntyre,Vice-Cbairman D.Paul Koch Jr,Esq.Clerk Doug 1.udgin Allan Cuscia Associate Members Deney Morganthal Nathan Weinreich Alexandria Jacobs,Esq. Town Clerl Time Stamp 19. Town of North Andover Conservation Department Memo dated 10/18/2016 20. Conservation Restriction dated 10/18/2016 21. Easement Partial Termination&ReIocation Agreement 09/30/16 22. Town of North Andover Planning Department Decision— I.nsubstantial Chane dated 07/16/2014 Voting in favor: Eileen Mclll e,D.Paul Koch,Nathan Weinreich and Alexandria Jacobs Voting in the Ne ative: 0 Variance Eanted 4 in favor Granted The Board finds that the applicant has satisfied the provisions of Sections 4.136 and 4.136.C.ii.3, for Pond Pasture @ Rear of 575 Osgood Street(Map 36,Parcel 002),North Andover,MA 01845 of the Zoning Bylaw in order for Construction of a new permanent structure in the R I Zoning District,pursuant to Sections 4.136 and 4.136.C.ii.3.A Variance is requested pursuant to Sections 4.136(Watershed Protection Division),3 (Uses and Building Requirements),c.ii.3 (Non-Disturbance Buffer Zone),of the Zoning By-Laws of the Zoning Bylaw. 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 I year of the date of the grant,it shall lapsc,and may be re-established only after notice,and a new bearing. N h And©ver o Board of Appeals Bert P.Manzi III, Esq.,Chairperson EIlen P.Mclntyre, Vice Chairperson Paul Koch Nathan Weinreich Alexandria Jacobs Decision 2016-013 Page 3 of 3