HomeMy WebLinkAbout20181002 Decision - Decision - 1717 TURNPIKE STREET 10/2/2018 Town of North Andover
Office of the Planning Department =�' � �' `a i= u
Community Development and Services Division
120 Main Street
North Andover,Massachusetts 01845
NOTICE OF DECISION
DETERMINATION REQUEST-REPETITIVE PETITION
Date: September 25, 2018
Date of Hearing: September 25, 2018
Date of Decision: October 2, 2018
Petition of: Connie&Nicholas Vergados
99 Pheasant Brook
North Andover,MA 01845
Premises Affected: 1717 Turnpike Street(a.k.a 0 Turnpike St.),North Andover,MA
Assesor's Map 107.B,Parcel 0018
The Planning Board herein withholds consent to allow the petitioner as set forth below to re-petition to the
Zoning Board of Appeals. The petitioner is Connie&Nicholas Vergados, 1717 Turnpike Street,North
Andover,MA 01845. The petition was submitted on August 22,2018.
The Planning Board makes the following findings as required by M.G.L.Ch.40A, Section 16 and the North
Andover Zoning By-Law Section 10.8(also known as Section 195-1-.12):
FINDINGS OF FACT:
• On April 10,2018,Connie&Nicholas Vergados filed a petition with the North Andover Zoning
Board of Appeals for a variance from the requirements of Section 195-7.1 (requires lot area of
25,000 sq.ft.)),section 195-7.3 (requiring yard setbacks of 100 ft.for the front,25 ft.for the side and
35 ft.for the rear),section 195-7.5 (requires 35%lot coverage)and Chapter 195 Attachment
(requiring an additional 15 ft.open and green setback adjacent to residential districts).
• On May 8,2018,the North Andover Zoning Board of Appeals voted to deny the petition because the
petitioner did not satisfy the required circumstances pursuant to the 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 applicant submitted changes to their application indicating that:
• The size of the proposed building has been reduced from 2,600 sq.ft.to 2,400 sq.ft.
• The proposed building was moved back 5 ft.to increase the front setback to 31 ft.and
reduce the rear setback to 31 ft. A front setback of 26 ft.was previously proposed.The
previously proposed rear setback was 36 ft.
1717 Turnpike Street
1073,Parcel 0018
Repetitive Petition
Page 2 of 2
• The side setback has been reduced from the 40 ft.previously requested to 22 ft.
• An additional variance is requested to allow for parking within the first 15ft.of a setback
abutting a residential district.
DECISION:
In accordance with M.G.L Chapter 40A section 16 and Section 10.8(aka Chapter 195 Section 10.12)of the
Town of North Andover Bylaw,the Planning Board does not find the proposed changes to be specific and
material that warrant the Board to grant consent to allow the petitioner to repetition the Zoning Board of
Appeals. The conditions upon which this petition was determined are as follows:
• The decrease in the front setback by 5 ft.is offset by a decrease in the rear setback of 5 ft. This
decrease is minor and is not a material change.
• The proposed decrease in building size by 200 ft.is not large enough to consider it to be a material
change.
• The reason for the denial by the North Andover Zoning Board of Appeals was not materially
changed.
After a public hearing given September 25, 2018, and upon a motion by J. Simons and 2' by J. Luz to
WITHHOLD CONSENT to allow the petitioner to a Repetitive Petition.Vote was 4—0 in favor of the
motion.
O"e"half of the North Andover Planning Board
Eitan Goldberg, Chairman
Jennifer Burns Luz
Aaron Preston
John Simons