HomeMy WebLinkAbout- Decision - 21 EASY STREET 9/26/2018 i
I
7
w
Town of North Andover 0 6 n"
ZONING BOARD OF APPEALS
I).haul Koch Jr.,Esq Cbni✓man ` Town Clcch"1 imc Stamp
Ell=11.McIntyre,flice-Cl5ahvi✓an
Allan Cuscia N
4„F
Alexandria A.Jacobs,Esq.
R01111 It.haigen
Assodate✓fe✓✓✓beir
TMtich"ICI T.Lis:
Steven R.Scide {
0
Any appeal shall be fled within twenty Notice of Decision
days after the date of filing of this notice Year 2018
in the office of the Town Clerk pursuant q
to Mass.Gen. L.ch.40A, §17
APPLICANT: APPLICATION DATE:
James Dawning, August 15,2018.
PROPERTY: HEARING DATE(S):
21 Easy Street September 11,2018.
North Andover,MA 01845
Map 0038, Parcel 0166 PETITION:
2018-27
1
1
The North Andover Board of Appeals("Board")held a public hearing at North Andover Town Hall, 120 E
Main Street,North Andover,MA on Tuesday,September H,2018 at 7:30 pm,for the application of
James Downing("Applicant")with respect to the property located at 21 Easy Street in the R-2 Zoning
District("Property
11,
1. PROCE,DURAL HISTORY
1,
By application fled August 15,2018,the Applicant has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 7.3,(Dimensional Requirements)far one side setback in the R-2
Zoning District;the side setback required is 30,0 feet and the side setback requested by the Applicant is
22.0 feet.
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-Tribune,a newspaper of general circulation in the Town of
North Andover, orr.August 28,2018 and September 4,2018.
Tile following plans and exhibits were submitted with the Application or at the public hearing:
(1)Site Plan by J&B Survey dated July 9,2018
(2)Applicant's Memorandum dated August 14,2018
The members of the Board that were present and voting were D. Paul Koch,Jr.,Ellen P.McIntyre,Allan
Cuscia,Ronn R.Faigen, and Alexandria A.Jacobs.
I
11. MOTION,VOTE,AND DECISION
A motion was made by Allan Cuscia and seconded by Alexandria A.Jacobs to grant the variance
requested under Section 7.3,(Dimensional.Requirements)of the Zoning Bylaws to allow the requested
side setback required of22.0 feet where a side setback of 30,0 feet is required. j
PETITION2018-27 Page I oft
Town of North Andover
ZONING BOARD OF APPEALS
The voting members in favor of the variance: D. Paul Koch,Jr., Ellen P.McIntyre,Allan Cuscia,
Ronn R. Faigen,and Alexandria A. Jacobs.
The voting members against the variance: None.
The non-voting members present: Michael T. Lis and Steven R. Seide.
The Chairman declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
111. FINDILNGS/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 generally 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 35'x 18'deck to the existing home pursuant o the Town of North Andover Zoning Bylaws
(Dimensional Requirements)in the R-2 2" 111 Dist" t in accordance with the plans,other
Section 7.3, (Dit �o
materials,and testimony at the public hearing.
North o d I l ning Board of Appeals
A k ov D.Paull "c1tr*. q., Chairman
Ellen P. M ntyre, ce Chair
Allan Cuscia,Acting Clerk
Alexandria A.Jacobs, Esq.
Ronn R. Faigen
Michael T. Lis
Steven R. Seide
Decision 2018-27
dedsion 21 easy street v2 20180926(pk-2cican)
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 Applicant's
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.
1 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 deerned 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.
PETITION 2018-27 Page 2 of 2
