HomeMy WebLinkAboutDecision - 35 DALE STREET 5/21/2018 Town of North Andover l,,.Y���
ZONING BOARD OF APPEALS �i I"'iKp�
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D.Paul Kocli)r.,Esq.,Clinrcvrnn I l ��+��mf +� 0
Ellen 11.dilchityre,Y/Ire-Clrahmalr r/�"
Albert Manzi 111,Esq.Fled- h�l9,i
Allan Cuscia a s a
Nahhan,J.Weinreicln ������ ���'iiJ�� rp p'y
Afjoriale Alelrrlrel r
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Alexandria A.Jacobs,Esq,
ll,onn R.Faigen
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
APPLICANT: HEARING(S):
Jay Henshall May 8,2018.
PROPERTY: PETITION:
35 Dale Street,(Map 37.1),Parcels 0041), 2018-020
North Andover,!VIA,01845
The North Andover Board of Appeals("Board")held a public hearing(s)at North Andover Town Hall,
120 Main Street,North Andover,MA oil Tuesday,May 8,2018 at 7:30 PM for the application of Jay
Hensliall("Applicant")with respect to the property located at 35 Dale Street(Map 37.D Parcel 0041),
North Andover,IVIG,01845 in the R1 Zoning District("Pi
Tile Applicant is requesting a variance pursuant to Town of Noah Andover Zoning Bylaws, Section
4.136.3.c.ii for construction of an above-ground pool in the RI Zoning District,
A Variance is requested under Section 4.1.36 (Watershed. Protection Division), 3 (Uses and Building,
Requirements),c.ii(3)(Non-Disturbance Buffer Zone)of the Zoning Bylaws.
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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 24,2018 and May 1,2018.
The following plans and exhibits were submitted at the public hearing:
Letter from Rob Buyea dated 12I4I2.017 and Plan of Land dated 3/'20!2018. i
The following voting members were present:D,Paul Koch,Jr.,Ellen P.McIntyre,Allan Cuscia,Nathan '
J. eini-eich, and Alexandria A.Jacobs. The Board voted to close the public hearing. r
Upon a motion by Ellen P. McIntyre, seconded by Allan Cuscia to grant the variance requested under
Section 4.136 (Watershed Protection Division), 3 (Uses and Building Requirements), c. ii (3) (Non-
Disturbance Buffer Zone)of the Zoning Bylaws.
The members that voted in favor of the variance: D.Paul Koch,Jr.,Ellen P.McIntyre,Allan Cuscia,
Nathan J.Weinreich,and Alexandria A.Jacobs. The members that voted not in favor:None. The
Chairman declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
The Board finds that the Applicant has satisfied the provisions to allow for construction of an above-
ground pool which is pursuant to the Town of North Andover Zoning Bylaws, Section 4.1.36.3.c.ii in the
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R1 Zoning Distriot.in accordance with the flan submitted by the Applicant and testimony at the public
hearing.
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 within one(1)year of the date of the grant,
it shall lapse and such rights may be re-establislied after notice and a new hearing.
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NorthA do4 aJr'. oning Board of Appeals
D.Paul ch sq.,Chairman
Ellen P.M Intyre,�Vice Chair
Albert P.Manzi I11,Esq., Clerk
Allan Cuscia
Alexandria A.Jacobs,Esq.
Nathan J. Weinreich
Ronn R.Faigen
Decision 2018-020
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