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Home My WebLink AboutDecision - 58 COUNTRY CLUB CIRCLE 5/23/2017 Town of North Andover ZONING BOARD OF APPEALS 1\/E0 At b err P. Nf at)/,ill),I?qq- Cliainvaty T Ellen 11, Mclotyre lice-chainvan 0* D.Paul Koch jr,Esq.Clerk Doug Lud& 0 M HAY 23 lil 10, 28 ti Allan Cuscia Axsoriale Afembers 4L ;i T Deney Morganthal Nathan\Vci=cich R T H Alexandria Jacobs,Esq. TFS Notice of Decision Year 2017 Property at: 58 Country Club Circle (Map 064.0,Parcel 0150), North Andover, MA 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 Donald Stanley HEARING(S):May 09,2017 ADDRESS: 58 Country Club Circle(Map 064.0,Parcel 0150),North Andover,MA 01845 PETITION:2017-02 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 Donald Stanley, for property located at 58 Country Club Circle (Map 064, Parcel 0150), 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 58 Country Club Circle, 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 n 2d 2017 The following regular voting members were present.- Albert Manzi,D.Paul Koch and Doug Ludgin also associate members,Alexandria Jacobs,Nathan Weinreich and Deney Morganthal. Upon a motion by D.Paul Koch, seconded by Allan Cuscia 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 58 Country Club Circle, 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. Subject to the following conditions: An updated Storm Water Peer review plan by the Town's Peer review agent. The dwelling that is constructed must stay with the boundaries as shown in the "Permit Plan" containing two (2) sheets, Showing Lot 3, (Assessor's Map 64 Lot 150) Prepared by Atlantic Engineering& Survey Consultants Inc., Dated March 01,2017 revised May 03,2017 D. Ludgin second the motion to grant the Variance All those in favor of the Variances were Albert Manzi,Paul Koch and Doug Ludgin,Nathan Weinreich and Deney Morganthal. 5-0 all in favor Chairman declared approved Variance Granted. Pagel of The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and Pspecially 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 lands 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: 58 Country Club Circle (Map 64, Parcel 150), 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 58 Country Club Circle,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)" Permit Plan" containing two (2) sheets, Showing Lot 3, (Assessor's Map 64 Lot 150) Prepared by Atlantic Engineering & Survey Consultants Inc.,Dated March 01,2017 revised May 03, 2017 2)Hydrologic Report Summary, prepared George J.Zambouras- Atlantic Engineering& Survey Consultants,Inc,,dated 02/13/2017 Voting in favor: Ellen McIntyre,Paul Koch,Doug Ludgin,Deney MorganthaI and Nathan Weinreich. Voting in the Negative: 0 Variance rantW-1 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 58 Country Club Circle(Map 64,Parcel 150)North Andover,MA 01845 in an R-1 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 l 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 B and of Appeals Albert Manzi in,Esq., Ch firman D. Paul Koch,Esq., Clerk Doug Ludgin Deney Morganthal Nathan Weinreich Decision 2017-006 Page 2 of 2