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Home My WebLink About- Decision - 1717 TURNPIKE STREET 5/21/2018 Town of North Andover ZONING BOARD, GP"PEALS D..Paul Koch Jr.,Esq.Ciiniarwan ' � I��em :c k� ��m` 9. tag � Ellen P.McIntyre,Vire-Chniallew �� %� �"°- •• Albert IA.Manzi IIL,Esq.Cle)k t,, tlrintt C�uscia � i'°� d � Vd ^ Nathan J.Weunreich Amdate t1fali&em Alexandrin A.Jacobs,Esq. Mann It.Faigen 6 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; H.EARING(S). CONNIE'AND NICK VERGADDS April 1.0,2018,May 8,2018 f I PROPERTY: PETITION: 1717 Turnpike Street(Map 107.B,Parcels 2018-018 0018),North Andover,MA,01845 The North Andover Board of Appeals held a public hearing(s)at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday,May 8,2018 at 7.30 PM,and a previous bearing on Tuesday, April 10,2018,respectively for the application of Connie and Nick Vergados("Applicant")with respect to the property located at 1717 Turnpike Street(Map 107.13 Parcel 0018),North Andover,MA 01845 in the GB Zoning District("Property"). The applicant is requesting variances pursuant to Town of North Andover Zoning.Bylaws, Section 4.131, General Business District and(Table 2) Summary of Dimensional Requirements for new construction of a commercial Two-Unit Building within the GB Zoning District. A Variance is requested under 'Section 4.131 (General Business District) Lot Area Required 25,000 square feet,Proposed 15,000 square feet,relief of 10,000 square feet. j A Variance frorn Table 2 (Dimensional Requirements Zoning Bylaws Footnotes & Graphics), for side setback in the GB Zoning District to construct a commercial Two-Unit Building. Side setback proposed is 26 feet,the required side setback per Table 2 is 40.0 feet,the relief Variance needed is 14 feet. A Variance from Table 2 (Dimensional Requirements Zoning Bylaws Footnotes & Graphics), for one front setback in the GB Zoning District to construct a commercial Two-Unit Building. Front setback proposed is 26 feet,the required front setback per Table 2 is 100.0 feet, the relief Variance needed is 74 feet, A Variance from Table 2(Dimensional Requirements Zoning Bylaws Footnotes&Graphics,for one rear j setback in the GB Zoning District to construct a commercial Two-Unit Building. Rear setback proposed is 35.5 feet,the required front setback per Table 2 is 50.0 feet,the relief Variance needed is 14.5 feet. 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 March 27,2018 and April 3,2018 i The following plans and exhibits were submitted at the public hearing; Plan of Land,Landscape Plan dated 5/1/2018,and Tektoniks Architect Plans dated 4/27/2018. I I Pagel of 2 The following regular voting members were present,D. Paul Koch,Jr,Ellen P.McIntyre,Allan Cuscia, Nathan J. Weinreieh,and Alexandria A.Jacobs. The Board voted to close the public hearing. Upon a motion by Ellen P.McIntyre,seconded by Allan Cuscia to Grant the Variances requested for the Property to allow for side setback(40'required,26'proposed)making it a variance of 14', a front setback (100' feet required, 26' proposed) making it a variance of 74', and a rear ,setback (50' required, 35.5'feet proposed)snaking it a variance of 14.5'. The members that voted in favor of the variances were D.Paul Koch Jr.,Nathan J.Weinreieh,and Allan Cuscia. Those that voted not in favor were Alexandria A.Jacobs and Ellen P.McIntyre. By a vote of Three(3)in favor and Two(2) opposed,the motion was defeated. Although,the chairman of the Board inadvertently stated that the variances had been approved, Massachusetts General Law c.40A,s. 15 and the North Andover Zoning Bylaw section 10.4(2) provides that a concurring vote of four(4)members of the Board consisting of five(5) members is necessary to grant a variance. The Board,however,voted three(3)in favor of the variances (D. Paul Koch Jr.,Nathan J.Weinreieh,and Allan Cuscia)and two(2)opposed to the variances(Ellen P.McIntyre and Alexandria A.Jacobs) resulting in a denial of the application for variances. The Board finds that the Variances for the petition of Connic and Nick Vergados, located at 1717 Turnpike Street received three(3)votes in favor to grant the Variances and two(2)votes in opposition, and that the application did not receive the required superrnajority of four(4)votes to grant the Variances. The grounds for Denial were because the petitioner did not satisfy the required circumstances pursuant to petition filed,and that the Petitioner did not satisfy the provisions under Section 4.131 in the GB District of the Town of North Andover Zoning Bylaws,and that such a change, or extension or alteration would adversely affect the neighborhood. The Board finds that the petition for Connie and Nick Vergados, located at 1717 Turnpike Street did not receive the required supermajority of four(4)votes,so the Variances are denied. 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(s)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(s)are not exercised within one(1)year of the date of the grant, such rights shall lapse and may be re-e t blished after notice and a new hearing. 3 North %doer ning Board of Appeals D.Paul , sq.,Chairman Ellen P.McIntyre,Vice Chair Albert P.Manzi III Esq.,Clerk Allan Cuscia Alexandria A.Jacobs,Esq. E Nathan J.Weinreieh Roan R.Faigen Decision 2018-018 Page 2 of 2 i I