HomeMy WebLinkAbout- Decision - 31 JOHNSON CIRCLE 9/26/2018 Town of North Andov
ZONING BOARD OF APPE
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R Paul Koch Jr.,Esq.,C15ah iam w � � Town Clerk Time Stamp l
Ellen P.McIntyre, '1Jr're-G7irriryr✓arr
Allan Cuscia i
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Alexandria A.Jacobs,Esc.
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Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Year 2018
in the office of the Town Cleric pursuant
to Mass.Gen. L.ch.40A, §17 'f
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APPLICANT: APPLICATION DATE:
Denise Favorat July 12,2018
PROPERTY: NEARING DATE(S):
31 Johnson Circle August 14,2018 j
North Andover, MA 01845 �
Map 0097, Parcel 0062 PETITION:
2018-25
The North Andover Board of Appeals("Board")held a public hearing at North Andover Town Hall, 120
Main Street,North Andover, MA on Tuesday,August 1.4,2018 at 7:30 pm,for the application of Denise
Favorat("Applicant")with respect to the property located at 31 Johnson Chicle in the R-3 Zoning District
("Property")
I. PROCEDURAL HISTORY
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By application filed July 12, 2018, the Applicant has requested a variance pursuant to Town of North
Andover Zoning;Bylaws, Section 4.136.3,c.ii(3)Watershed Protection Division for construction of a 14'x.
16'four season finished sunroom where existing deck is located in the R-3 Zoning District.
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Legal notices were sent to all certified abutters provided by the Assessor's Office of the Town of North
Andover and were published in The Eagle-D-ih ne,a newspaper of general circulation in the Town of
North Andover,on July 31,2018 and.August 7,2018.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1)Site Plan by Christiansen&Sergi dated May 8,2018
(2)Architect Plans(five pages)dated December 7, 2017. i
(3)Variance Plan by Christiansen& Sergi dated July 11,2018 rev July 13,2018
(4)Norse Environmental.Site Visit Survey dated December 18,2018 f
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The members of the Board that were present and voting were D. Paul Koch,Jr.,Ellen P. McIntyre,Allan
Cuscia,Ronn R. 1~aigen, and Alexandria A. Jacobs.
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II. DECISION i
t
A motion was made by Allan Cuscia and seconded by Alexandria A. Jacobs to grant the variance
requested under Section 4.136.3.c,ii(3)Watershed.Protection Division of the Zoning Bylaws. �
PUITI 3N 2018-25 Page I of 2
Town of North Andover
ZONING BOARD OF APPEALS
The members voting in favor of the variance: D. Paul Koch,Jr., Ellen P. McIntyre,Allan Cuscia,Ronn R,
Faigen, and Alexandria A.Jacobs.
The members voting against the variance: None
The Chairman declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
111, FINDINGS/DISCUSSION/CONDITIONS
The Board finds that 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 genet-ally the zoning district
in general,a literal enforcement of the provisions of the Bylaws will involve substantial hardship,,
financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without
substantial detriment to the public good and without nullifying or substantially derogating from the intent
or purpose of the Bylaws.
Therefore,the Applicant has satisfied the provisions to allow for the requested variance in order to
construct a 14'x 16'four season finished sunroom where existing deck is located pursuant to the Town of
North Andover Zoning Bylaws Section 4.136.3.c.ii(3 ate shed Protection Division in the R-3 Zoning
District in accordance with the plans,other materials,ai d t tim y at the public hearing.
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NorftA.ido r'Aoning Board of Appeals
D. Pat I I och r., sq., Chairman
Ellen P. McIntyre, ice Chair
Allan Cuscia,Actin Clerk
Alexandria A.Jacobs,Esq.
Ronn R, Faigen
Decision 2018-25
d.IsW 31johnw.cilayl 20180322 @Wdea.)
Notes:
1. A decision granting a variance or a special permit shall not be in effect until a certified copy of this
decision is recorded at the Essex County Registry of Deeds,Northern District at the Applicants
expense. Further provided that if the Property is registered land then a certified copy of the decision
shall also be filed with the Land Court,
2. The granting of the Variance as requested by the Applicant does not necessarily ensure the granting
of a building permit because 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. Generally, if the rights authorized by the granting of a variance are not exercised within one(1)year
of the date of the grant then they shall lapse and may be re-established after notice and a new hearing
pursuant to the provisions of G.L. c.40A, § 10 and a special permit shall be deemed to have lapsed
after a two(2)year period from the date on which the special permit was granted unless substantial
use or construction has commenced.
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