HomeMy WebLinkAboutDecision - 128 DALE STREET 2/28/2018 Town of North Andover
ZONING BOARD OF"PEALS
Albert P.Manzi III,Esq.Chainwarr o St.m.
,len P.McIntyre Lire-Ghaiman � Y 33
D.Paul loch Jr.,Esq.G"derk
Allam Cuscia
AssodateMembers
Nathan'JG'eirueich
Alexandria Jacobs,Esq.
Ronn Faigen
Any appeal,shall be filed within(20) Notice of Decision Axnrnended
days after the date of filing of this Year 2018
notice in the office of the Town Clerk,
per Dass. Gen.L. ch. 40A, §17 Property at: 128 Dale Street(Map 37.B Parcel 0008),
North Andover,MA 01845
NAME: Town of North Andover HEARINGS) January 9,2018,February 13,
2018
ADDRESS: 128 Dale Street PETITION: 2017015
Map 37.B, Parcels 0008)
The North Andover Board of Appeals held a public hcaring(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 37.13 Parcel 0008),North Andover, MA 01845 in the R1 Zoning District
(hereinafter"Property").
The applicant is requesting variances pursuant to Town of North Andover Zoning Bylaws, Section 4.136, j
and Section 7.3 (Table 2) for construction of a one stall garage with a carport within the R-1 Zoning
District. 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.
A 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 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 loch,Nathan"Vhr'einreich,
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(s) requested for
the Property 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'. 1
A Variance is also granted to allow under Section 4.136 (Watershed Protection Division), 3 (Uses and
Building Requirements), c. ii(3) (Non-Disturbance Buffer Zone), of the Zoning Bylaws.
Pagel of 2
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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 Iine 15.2
proposed) malting it a variance of 14.8' and a front setback(30' feet required 28' proposed) malting it a
variance of 2'pursuant to Section 7.3 Table 2 of Dimensional Requirements of the Zoning Bylaw in the
R-1 Zoning District and a Variance is under Section 4.136 (Watershed Protection Division), 3 (Uses and
Building Requirements), c. ii(3)(Non-Disturbance Buffer Zone),of the Zoning Bylaws.
all of which is pursuant to and in accordance with the Plan and testimony at the public hearing.
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 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 Zonin Board of Appeals
Albert P. Manzi 111,Esq.,Chairman
Ellen P. McIntyre,Vice Chair
D.Paul Koch Jr.Esq.,Cleric
Allan Cuscia
Alexandria Jacobs,Esq.
Nathan Weinreich
Ronn Faigen
Decision 2017-011
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