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HomeMy WebLinkAbout- Decision - 1717 TURNPIKE STREET 8/28/2018 rr j Town of North Andover r ' rp1ri ZONING BOARD OF APPEALS AUG 1).Paul Koch,Jr.,Iiscl.,Cliahmem � Town Clerk"rime Stamp All Ellen 11.McIntyre C/xce-C'lrrrhrurru 1 l"k v Allan f uscla Clerk � Alexandria A.Jacobs,IisC. Ronn 1t.Faigc i 1 s f Any appeal shall be filed within twenty Notice of Decision 1 days after the date of filing of this notice Year 2018 i in the office of the Town Clerk pursuant to Mass. Gen.L. ch.40A, §17 APPLICANT: APPLICATION DATE: Connie&Nick Vergados July It,2018 PROPERTY: HEARING DATE: 1717 Turnpike Street August 14,2018 a/k/a 1731 Turnpike Street North Andover,MA 01845 PETITION: Map 107.13,Parcel 0018 2018-23 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 14,2018 at 7:30 pm for the application of Connie &Nick Vergados("Applicant")with respect to the property located at 1.717 Turnpike Street(alkla 1731 Turnpike Street)in the GB Zoning District("Property"). I. PROCEDURAL HISTORY The Applicant previously filed Petition 2018-018 with hearings on April 10,2018 and May 8,2018. By J Notice of Decision filed with the Town Clerk on May 21,2018,the Board denied the Applicant's petition for variances by a vote of 3-2(favorable action required a supermajority). By application filed July 11, 2018, the Applicant has requested a finding pursuant to Town of North Andover Zoning Bylaw Section 10.8 Repetitive Petitions that specific and material changes have occurred sufficient to permit the Applicant to refile an application for variances in the GB Zoning District. 1 Legal notice was sent to at I certified abutters provided by the Assessor's Office of the Town of North Andover and published in The Eagle-Ti-ibune,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) Variance Plan by Christiansen&Sergi dated April 11,2018 (2) Variance Plan by Christiansen&Sergi dated May 1,2018 rev May 7,2018 (3) Variance Plan by Christiansen&Sergi dated May 1,2018 rev May 7, 2018,June 14,2018, and June 28,2018 (4) Concept Plan(Elevation and Floor) by Gavin and Sullivan dated April 23,2018 (5) Photographs The members of the Board present and voting were: D.Paul Koch,Jr.,Ellen P. McIntyre,Allan Cuscia, Ronn R. Faigen,and.Alexandria A.Jacobs. PETIrION2©18-23 Page l of i i Town of North Andover ZONING BOARD OF APPEALS 1 II, IDI;CISI©N A motion was made by Ellen P. McIntyre and seconded by Allan Cuscia to make the finding that specific and material changes have occurred sufficient to permit the Application to make a repetitive petition under Section 10.8 of the Zoning Bylaw. i The members voting in favor of the finding: D. Paul Koch,Jr., Ellen P.McIntyre,.Allan Cuscia, Alexandria A.Jacobs,and Ronn R. Faigeln. The members voting in opposition to the finding:None The Chairman declared the Board's vote to be 5-0 to MAID THE FMING. III, FINDINGS/DISCUSSION/CONDITIONS Based on the plans, materials, and testimony presented, the Board finds that there are specific and material changes in the conditions upon which the Board's previous denial was based, specifically„ that the size of the proposed building has been reduced, front and side setbacks have been increased, and the design of the building has been revised. Therefore,the Applicant has satisfied the provisions of the North Andover Zoning Bylaw for the Board to make the finding to allow for the filing of a repetitive petition pursuant to the Town of North Andover Zoning Bylaw Section 10.8 in the GB Zoning District. This finding allows the Applicant to seek the consent of t e P antAng Board to allow the Applicant to re- petition the Board of Appeals for relief at the Property. { i North n over Z ning Board of Appeals D. Paul �o h,Jr., q.,Chairman Ellen P.McIntyre, ce Chair Allan Cuscia,Acting Clerk Alexandria A.Jacobs,Esq. Ronn R. Faigen Decision 201.8-23 decision 1717 turnpike street v5 20180827(pk.2deam) Notes: I. 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 therm a certified copy of the decision shall 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. PETITION 2018-23 Page 2 of 2 I