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Home My WebLink AboutDecision - 500 BOXFORD STREET 1/26/2018 (2) Town of North Andover ZONING BOARD OF APPEALSry P Albert P.Manzi III,Esq.Charman Town GTii$ta Ellen P.Mclntyze,Vice-Chaiman D.Paul Kock jr.,Esq.Clerk ° Doug Ludgin. Allan Cuscia R.rrodah Members l' 'I /3��J Nathan Weinzeicb `� Alexandxia jacobs,Esq. Any appeal shall be filed within(20) Notice of Decision Corrective days after the date of filing of this Year 2017 notice in the office of the Town Clerk, per Mass. Gen.L.ch.40A, §17 Property at:470,500,530 Boxford Street(Map 105,0 Parcel 041,042,043), North Andover,MA 01845 NAME: Town of North Andover HEARING(S): October 10,2017,November 14, 2017 December 12,2017 ADDRESS:470,500,530 Boxford Street PETITION: 2017-011 (Map 105.C, Parcels 041,042,043 The North Andover Board of Appeals held a public hearing(s)at Town Hall,at 120 Main Street,North Andover,MA on Tuesday,December 12,2017 at 7:30 PM,and previous hearings on October 10''and November 141h respectively for the application of Michael,Thomas and Cornelius Donovan(hereinafter "Applicant")with respect to the property located at 470,500,530 Boxford Street(Map 105.0 Parcel 041,042,043),North Andover,MA 01845 in the R1 Zoning District(hereinafter"Property"). The Applicant is requesting dimensional variance(s)for the Properly to allow for a lot line adjustment to create two new lots of record from three existing lots between properties depicted as Assessor's Map 105.C, Parcel 041 with adjacent property depicted as Assessors Map 105.0 Parcel 042 with adjacent property depicted as Assessors Map 105.0 Parcel 043. A variance is noticed for lot area pursuant to Section 7.1 and Table 2 of the Zoning Bylaw (Dimensional Requirements for Lot Area); A variance is also noticed for minimum contiguous buildable area for the two new lots pursuant to Section 7.1.1 of the Zoning Bylaw in the R-1 Zoning District, all of which is further depicted on the plan of land dated December 20, 2016 prepared by Peter D. Goodwin, Andover Consultants, Inc. I East River Place, Methuen,MA 01844.(hereinafter"Plan"). 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 ofNorth Andover,on September 26,2017 and October 3,2017 The following plans and exhibits were submitted at the publiclearing: Plan of Land, Septic Plans for Lot I and Lot 2,W.A.Hurley and Associates Architectural Designs dated 12/1/2017 for Lot I and Lot 2,photographs of the town culverts,and photograph of the proposed homes. The following regular voting members were present,Albert P.Manzi IH,Allan Cuscia,Ellen P. McIntyre,D.Paul Koch and Doug Ludgin. The Board voted to close the public hearing. Upon a motion by Paul D. Koch, seconded by Ellen P. McIntyre to Grant the dimensional variance(s) requested for the Property to allow for a lot line adjustment between properties depicted as Assessor's Map 105.C, Parcel 041 with adjacent property depicted as Assessors Map 105.0 Parcel 042 with adjacent property depicted as Assessors Map 105.0 Parcel 043. A Variance is requested for lot area pursuant to Pagel of 2 Section 7.1 and Table 2 to create two new lots of record.A variance is requested for minimum contiguous buildable area pursuant to Section 7,1.1 of the Zoning Bylaw in the R-1 Zoning District,for two new lots of record all of which pursuant to the Plan. The approval is 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. The applicant shall reasonably mitigate water runoff from the Property as part of the methods and materials of construction. The following members voted in favor of the variance(s)were:Albert P.Manzi,III, D.Paul Koch,Allan Cuscia,and Doug Ludgin.Ellen McIntyre voted against the variance(s)The Chairman declared votes 4-1 in favor and the variance(s)with condition approved. The Board finds that the Applicant has satisfied the provisions to allow for variances(s) for minimum contiguous buildable area for each of the two new lots as shown on the Plan to allow for the Iot line adjustment between properties depicted as Assessor's Map 105.C, Parcel 041 with adjacent property depicted as Assessors Map 105.0 Parcel 042 with adjacent property depicted as Assessors Map 105.0 Parcel 043 to create the two new lots from three existing lots as shown on the PIan. The variance(s) are requested for minimum contiguous buildable area for the two new lots pursuant to Section 7.1.1 of the Zoning Bylaw in the R-1 Zoning District, all of which is pursuant to and in accordance with the Plan and testimony at the public hearing. 3 ! 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. 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 doesnot 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 after notice and a new hearing. This decision is issued as a Corrective Decision to amend and restate Decision 2017-011,which decision was filed with the Town Clerk on December 27,2017,and with the appealperiod having expired and with no appeals having been taken.The purpose of this Corrective Decision is to correct certain scrivener errors contained in the original Decision 2017-011, Page 2 of (� of Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi IIT,Esq.Chaimmn Town Clerk Time Stamp Ellen P.McIntyre,Vice-Cbairman D.Paul Koch Jr.,Esq.Clerk Doug Ludgin. .Allan Cuscia Associate Members Nathan Weinreich Alexandria Jacobs,Esq. Nh Andover Zoning Board of Appeals Bert E.Mand III,Esq.,Chairman Ellen P.McIntyre,Vice Chair D.Paul Koch Jr.Esq.,Clerk Allan Cuscia Doug Ludgin Decision 2017-011 i I 3 . Page 3 of 2