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Home My WebLink AboutDecision - 271 STEVENS STREET 5/23/2017 (2) Town of North Andover ZONING BOARD OF APPEALS Albert R Manzi III,Esq.Chairman CIQ��ramp rn�. Ellen P.McIntyre, Vice-C'hairmon - Town D.Paul Koch Jr.,Esq, Clerk f , Doug I udgin. Allan Cuscia Associate Members Not?rly t f Nathan Weinaeich Alexandria Jacobs,Esq. Deney Morganthal s 3 Any appeal shall be filed within(20) Notice of Decision days after the date of ding of this year 2017 notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, §17 Property at: 271 Stevens Street(Map 95 Parcel 008), North Andover,MA 01845 NAME: Town of North Andover HEARING(S): June 28,2016,August 18,2016, September 13,2016,October 13,2016, November 10,2016,December 13,2016,January 10,2017,February 14,2017,March 14,2017, April 11,2017,May 09,2017 ADDRESS: 271. Stevens Street PETITION: 2016-012 (Map 95 Parcel 008},North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at Town Hall, at 120 Main Street,North Andover,MA on Tuesday,May 09,2017 at 7:00 PM on the application of Town of North Andover,for property located at 271 Stevens Street(Map 95 Parcel 008),North Andover,MA 01845 in the R3 Zoning District. The.Petitioner is requesting Variances from the R-3 Zoning District sections 4.121 and 7.1.1 of the Zoning Bylaw - Subdivide one lot into two lots in accordance with: Table 2 Summary ofDimensional Requirements variance Lot I-Lot area R-3 required 25,000 s.f.proposed 16,025 s.f., Variance needed 8,975 s.f Table Summary ofDimensional Requirements variance Lot I-Required Front Setback 30' feet proposed 9'feet variance needed 2 Ffect. Table 2 Summary ofDimensional Requirements variance Lot 1- Required Front Setback 20'feet proposed 6.4'feet variance needed 13.6'feet. Table 2 Summary of Dimensional Requirements variance Lot I-Required C-B.A.18,750s.£(75%)proposed 15,770s.f.(63%) variance needed 2,980 s.f.(12%),Lot 2-Required C.B.A.18,750 s.f.(75%)proposed 14,050 s.f.(56%) variance needed 4,700s.£(19%). Table Summary ofDimensional Requirements variance Lot 2-Required Front Setback 30' feet proposed 21'feet variance needed 9'feet. 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 25, 2017 and May 02, 2017 The following regular voting members were present,Albert P.Manzi, III,Allan Cuscia,Ellen P. McIntyre,D.PauI Koch and Doug Ludgin also associate members Deney Morganthal,Nathan Weinreich and Alexandria Jacobs. Upon a motion by D.Paul Koch, seconded by Allan Cuscia to Grant the Variances under per sections 4.121 and 71.1 of the Zoning Bylaw - Subdivide one lot into two lots in accordance with: Table2 Summary ofDimensional Requirements variance Lot 1-Lot area R-3 required 25,000 s.f proposed 16,025 s.f.,Variance needed 8,975 s.f.Table 2 Summary ofDimensional Requirements variance Lot l -Required Front Setback 30' feet proposed 9'feet variance needed 2 Ffeet. Table 2 Summary ofDimensional Pagel of 2 C Requirements variance Lot 1-Required Front Setback 20'feet proposed 6.4'feet variance needed 13.6'feet. Table 2 Summary ofDimensional Requirements variance Lot I-Required C.B.A.18,750 s.f. (75%)proposed 15,770s.f(63%)variance needed 2,980 s.-(12%),Lot 2-Required C.B.A. 18,750 s.f (75%)proposed 14,050s.f(56%) variance needed 4,7008.-(19%).Table SwmummyofDimensional Requirements variance Lot 2-Required Front Setback 30'feet proposed 21'feet variance needed 9'feet. Subject to the following conditions. 1. The applicant's construction shall be consistent with the final project plans and materials as noted and submitted as approved by the Board. 2. Additionally Protection of the Tree Buffer along the Northeast Property line with Mr. &Mrs. Howlett—Prior to the removal of any mature trees or commencement of any excavation,within; the 20 foot side yard area along the Properties northeast property line adjoining the property of Mr. &Mrs. Howlett,the Applicant shall consult with a professional arborist in an effort to reasonably minimize the loss of the mature trees within.said 20 foot side yard area. Where any mature tree within said 20 foot side yard area is recommended to be removed or is unlikely to survive the Applicant's proposed project, as determined by the Applicant's professional arborist, the Applicant shall replace such trees)with appropriate nursery stock, in sizes,types and locations as determined by the applicant's professional arborist.The purpose of this condition is to insure that a reasonable tee buffer is maintained between 271 Stevens Street site and Mr.&Mrs. Hewlett's property, without unduly restricting the Applicant's proposed project or preventing the Applicant from addressing any safety concerns presented by the existing mature trees on the property. The following members voted in favor of the Variance were,Albert P.Manzi,III,Ellen McIntyre,D.Paul Koch,Allan Cuscia, and Alexandria Jacobs. The Chairman declares the Variance with conditions unanimously approved. Vote 5-0 in favor The Board.finds that the applicant has satisfied the provisions of Table 2 and Sections 4.121 and 7.1.1, of the Zoning Bylaw in order to construction of a new two (2) story building and a addition to the existing building at 271 Stevens Street (Map 95, Parcels 008), North Andover, MA 01845 in the R3 Zoning District. The Board finds the 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 or applicant. 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. Site: For property address 271 Stevens Street (Map 95, Parcels 008), North Andover, MA 01845 in the R3 Zoning District. The Petitioner is requesting Variances under per sections 4.121 and 7.1.1 of the Zoning Bylaw - Subdivide one lot into two lots in accordance with: Table2 Summary of Dimensional Requirements variance Lot 1-Lot area R-3 required,25,000 s.f.proposed 16,025 s.£,Variance needed 8,975 s.-Table 2 Summary ofDimensional Requirements variance Lot 1-Required Front Setback 30'feet proposed 9'feet variance needed 21 'feet. Table Summary of Dimensional Requirements variance Lot I-Required Front Setback 20'feet proposed 6.4'feet variance needed 13.6'feet. Table 2 Summaryof Dimensional Requirements variance Lot I-Required C.B.A.18,750s.f(75%)proposed 15,770 s.f.(631/o)variance needed 2,980 s.f.(12%),Lot2-Required C.B.A. 18,750 s.- (75%) ro osed 14,OSOs.f. 56% variance needed 4,700 s.f.(19%). Table Sti.un=yof Page 2 of 3 I �r 1- Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.0airmaj, Ellen P.McIntyre,Vice-Chairmaj, Town Clerk'rimc Stamp D.Paul Koch Jr.,Esq,Clerk Doug Ludgin. Allan Cuscia Associate Members Nathan Weinzeich Alexandria Jacobs,Esq, Deney Morganthal Dimensional Requirements variance Lot 2-Required Front Setback 30' feet proposed 21'feet variance needed 9'feet. Plan(s)Title: I. Drawing of the"Variance Plan"containing one sheet(1) dated July 8,2016, revised 04/12/2017; 05/05/2017 prepared by Christian-son& Sergi, Inc., Haverhill,MA. 2. "Site Plan"containing one sheet(1) dated July 8, 2016; revised 04/12/2017 prepared by Christiansen & Sergi,Inc.,Haverhill, MA. 3. "Existing Conditions Plan"containing one sheet(1)dated May 16,2016; revised 06/09/2016; 04/12/2017 prepared by Christiansen& Sergi, Inc., Haverhill, MA. 4. "Preliminary Design""Site Plan"containing seven sheets(7)dated July 2016 prepared by ADC Architectural Design Concepts,North Andover,MA. 0l 845 included; Stevens Street Elevation,Main Level Floor Plan, Second Level Floor Plan, Stevens Street Elevation(new lot),Main Floor Plan(new lot), Second Floor Plan(new lot), 271 Stevens street- Street View from the north, including to-be built new house. 5. Applicant's Proposed Conditions Notes; I 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 1 year of the date of the grant, it shall lapse, and may be re-established only after notice, and a now hearing. North Andover Zoning oajrd of ppeals Albert P. Manzi HI,Esq, Chairperson Ellen P.McIntyre, Vice Chairperson D.Paul Koch Jr.Esq. Allan Cuscia Associate Members Alexandria Jacobs Esq. Decision 2016-009 Page 3 of 3