HomeMy WebLinkAbout- Decision - 329 OSGOOD STREET 10/9/2018 i
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Town of North Andover
ZONING BOARD OF APPEALS
OCT -9 AN
D,I';aul Koch f r Esq.,Uah-mar, ` own Clerk Time Stamp i
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Ellen 1'.McIntyre,I/ire-C:/raiamarr ���°i�%��� •, � it
Allan Cuscia
Alexaandr3w A. acrabs,Esq. �M"�>�.,r � + P!�"d
Rn"r❑It,p?tigcn
Assada/e Membus I
Nliclaael'1%US
Steven R.5eade
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Any appeal shall be filed within twenty Amended Notice of Decision
days after the date of Wing of this notice Year 2018
in the office of the Town Clerk pursuant
to Mass.Gen. L. ch.40A, § 17
APPLICANT: APPLICATION DATE:
.lames and Lisa Lafond July 12, 2018
PROPERTY: HEARING DATE(S):
329 Osgood.Street August 14,2018 and September 11,2018
North Andover,MA 01845 j
Map 0095„Parcel 0046 PETITION:
2018-24
The North Andover Board of Appeals("Board")held a public hearing(s)at North Andover Town Hall,
120 Main.Street,North Andover,MA on Tuesday,September 11,2018 at 7:30 pin and a previous hearing
on August 14,2018 at 7:30 pm,for the application of James and Lisa Lafond("Applicant")with respect
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to the property located at 329 Osgood Street in the R-4 Zoning District("Property").
I. PROCEDURAL HISTORY
By application filed July 12,2018,the Applicant has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 7.3 (Dimensional Requirements)for a rear setback in the R-4 Zoning
District;the rear setback required is 30.0 feet and the rear setback requested by the Applicant is 10,0 feet;
as a result,the relief Variance requested is 20.0 feet.
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Legal notices were sent to all certified abutters provided by the Assessors Office of the Town of Noah
Andover and were published in The Eagle-THbune,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) Plan of Land by Plaistow Consultants dated.August 27,2018
(2) Proposed Garage Plan by Jane Griswold Radocchia dated April 2018
(3) Applicant's Memorandum and Proof of Hardship
The members of the Board that were present and voting were: D.Paul Koch,Jr.,Ellen P.McIntyre,Allan
Cuscia,Ronn R. F'aigen,and Alexandria A.Jacobs.
The members of the Board that were present but not voting were: Michael T.Lis and Steven R. Seide.
II. MOTION,VOTE,AND DECISION
A motion was made by Ellen P, McIntyre and seconded by Allan Cuscia to grant the variance requested
under Section 7.3 (Dimensional Requirements)of the Zoning Bylaws to allow the requested rear setback
required of 10.0 feet where a rear setback of 30.0 feet is required.
PETITION M8-24 Pagel nr2
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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,
Romi 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.
III. 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 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 Board finds that the Applicant has satisfied the provisions to allow the requested variance
in order to construct a 16'x 22garage,with a condition that Applicant shall install a 4" drain pipe to
connect to the Town drainage, pursuant to the Town of North Andover Zoning Bylaws Section 7.3
(Dimensional Requirements)in the R-4 Zoning Dish ict In ac ordance with the plans, other materials,and
testimony at the public hearings.
Nok A v -Zoning Board of Appeals
D. Pl�it Koe J Esq., Chairman
Ellen P. McIntyj ,Vice Chair
Allan Cuscia,Ac ing Clerk
Alexandria A.Jacobs,Esq.
Ronn R. Faigen
Michael T. Lis
Steven R. Scide
Decision 2018-24
[)aJsjoa 719 Osgood Sk,c j y3(..waled]20191M(pk-2dea.)
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 a variance of special permit 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 Mass.Gen. L. ch.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.
PETITION 2018-24 Page 2 of 2