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HomeMy WebLinkAboutDecision - 128 DALE STREET 2/15/2018 Town of North Andover +' 'it C--'l V E 9 ZONING BOARD OF APPEALS Albert P.Manzi.III,Esq.Chairman Town Ci "4it�c1S1a1n� �, ? Ellen P.McIntyre,Vice-Chairman D.Paas Koch Jr.,Esq.Clerk ,,-> Allan Cuscia p Associate Members 1 0 i1 M 11 i f Nathan Weinreich M A C c r�, Alexandria Jacobs,Esq, Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2018 notice in the office of the Town Clerk, per Mass. Gen. L. ch.40A, §17 Property at: 128 Dale Street(Map 37.B Parcel 0008), North Andover,MA 01845 NAME: Town of North Andover HEARING(S): January 9,2018,February 13, 2018 ADDRESS: 128 Dale Street PETITION: 2017-015 __(Map 37.B,Parcels 0008 The North Andover Board of Appeals held a public hearing(s)at Town Hall,at 120 Main Street,North Andover,MA on Tuesday,February 13,2018 at 7:30 PM, and a previous hearing on January 9,2018. respectively for the application of Steve Mason(hereinafter"Applicant")with respect to the property located at 128 Dale Street(Map 37.B Parcel 0008),North Andover,MA 01845 in the RI Zoning District (hereinafter"Property"). The Applicant is requesting Variances from Table 2 Summary of Dimensional Requirements to Construct a One Car Garage with a carport, Zoning Bylaw Section 7.3: Yard (Setbacks): Required Front 30.0 Feet, Proposed Front 28.0 Feet, relief needed 2.0 Feet. Required Side 30.0 Feet, Proposed Side 15.2, relief needed 14.8 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 December 26,2017 and January 2,2018 The following plans and exhibits were submitted at the public hearing: Plan of Land, Martha Macinnis Architectural Designs dated 1/31/2018. The following regular voting members were present,Ellen P.McIntyre,D.Paul Koch,Nathan Weinreich, Alexandria Jacobs and Ronn Faigen. The Board voted to close the public hearing. Upon a motion by Paul D. Koch, seconded by Ellen P. McIntyre to Grant the variance($) requested for the Property to allow for side setback(30' feet required to Iot line 15.2 proposed) making it a variance of 14.8' and a front setback(30' feet required 28'proposed)making it a variance of 2'. The following members voted in favor of the variance(s)were: Ellen McIntyre,D.Paul Koch,Nathan Weinreich,Alexandria Jacobs and Ronn Faigen. The Chairman declared approved votes 5-0 in favor and the variance(s). The Board finds that the Applicant has satisfied the provisions to allow for construction of a one car garage and a carport with variances(s) to allow for side setback (30' feet required to lot line 15.2 proposed.) making it a variance of 14.8' and a front setback (30' feet required 28' proposed) making it a variance of 2'pursuant to Section 7.3 Table 2 of Dimensional Requirements of the Zoning Bylaw in the Page 1 of 2 R-1 Zoning District, all of which is pursuant to and in accordance with the Plan and testimony at the public hearing. E 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 trust 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 after notice and a new hearing. -Acting Chair North Andover Zoning oard of Appeals Albert P.Manzi III,Esq., Chairman Ellen P.McIntyre,Vice Chair D.Paul Koch Jr.Esq.,Clerk Allan Cuscia Alexandria Jacobs,Esq. Nathan Weinreich Ronn Faigen Decision 2017-0115 Page 2 of 2