HomeMy WebLinkAbout- Decision - 102 SUGARCANE LANE 12/24/2018 Town of North Andover
ZONING BOARD OF APPVALS
D.Paul Koch Jr.,Esrl.,Cbahwaa
1"llcn P.McIntyre,1l`iee-chahma:r
Allan f:t"scia
Alexandria A.Jacobs,Esq. B ,
R01111 R.Fai,gen
Amodale dlembeis
Michael 1'.Lis
Stevcn R.Seine
1urarils J.1<illlea j
f
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Ycai°2018
in the office of the Town Clerk pursuant
to Mass, Gen.L.ch.40A, § 1.7
APPLICANT: APPLICATION DATE:
Mark P.DiTaonte November S,2018
PROPERTY: HEARING DATE(S):
102 Sugarcane Lane December 11,2018
North Andover,MA 01845
Map 106.A,Parcel 0018 1 PETITION:
2018-28
1. PROCEDURAL HISTORY AND STATEMENT OF FACTS
I
Applicant, by application filed November S, 2018, has requested two (2) variances pursuant to Town of
North Andover Zoning Bylaws, Section 7.3 (Table 2 Dimensional Requirements) in the R-1 Zoning
District for purposes involving the installation of a new 1.2' x 16' shed; specifically, Applicant has
Requested (i) a side setback(side setback proposed is 21.0 feet, side setback required per Table 2 is 30,0
feet) needing a Relief variance of 9.0 feet and (ii) a real setback (rear setback proposed is 6,0 feet, real
setback required per Table 2 is 30.0 feet)needing a Relief valiance of 24.0 feet,
The Application requires a hearing before the North Andover Zoning Board of Appeals("Board"),and
due notice of the healing was given by trailing and publication. Legal notices were sent to all certified
abrltlers 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,on November 27,2018
and December 4,2018,
The Board held a public hearing at North.Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday,December 11,2018 at 7:30 PM with respect to the Property,which is located in the R-1 Zoning
District.
The following plans and exhibits were submitted with the Application or at the public healing:
(1) New England Land Survey Plan of Land dated October 19,2018
(2) Photographs '
The Property is located at 102 Sugarcane Lane in the R-I Zoning District. It was noted at the hearing that
(i)the plan reveals that the existing 8'x 10'shed encroaches on the land of the rear abutter,(ii)the
proposed shed will rest on a bed of gravel(no foundation), and(iii)there are wetlands nearby but the
proposed shed will be located outside of the SO'no-build area.
PETITION2018-28 Page 1 of3
Town of North Andovcr
ZONING BOARD OF APPEALS
1111. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing,
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 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 Applicant has satisfied the provisions to allow the requested variances in
order to install a 12'x 16'shed at the Property pursuant to the Town of North Andover Zoning Bylaws
Section 7.3 (Table 2 Dimensional Requirements)in the R-I Zoning District in accordance with the plans,
other materials,.and testimony at the public hearing.
111. MOTION,VOTE,AND DECISION
On December 11,2018 the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by Rome R. Faigen to grant the variances requested
tinder Section 7.3 (Table 2 Dimensional Requirements)of the Zoning Bylaws to allow Applicant to install
a 12' x 16' shed with, first, a side setback of 21.0 feet, the required side setback per Table 2 is 30.0 feet,
the relief variance needed is 9.0 feet, and, second, a rear setback of 6.0 feet,the required rear setback per
Table 2 is 30.0 feet, the relief variance needed is 24.0 feet, all in accordance with the plans, other
materials,and testimony at the public hearings.
The voting members in favor of the variances: D.Paul Koch,Jr.,Allan Cuscia, Ronn R. Faigen,
Alexandria A. Jacobs,and Steven R. Seide.
The voting members against the variance: None
The non-voting members present: Michael T.Lis and Frank J.Killilea.
The Chairman declared the Board's vote to be 5-0 to QRANT THE VARIANCES,
Noi-th id Met Zoning Board of Appeals
D. Paul I och Jr.,Esq.,Chairman
Ellen P. McIntyre,Vice Chair
Allan Cuscia,Acting Clerk
Alexandria A.Jacobs,Esq.
Romi R. Faigen
Michael T. Lis
Steven R. Seide
Frank J.Killilea
Decision 2018-28
DmIslon 102 Skip"n*0 42-20-2018(pk-klean)
PETITION 2018-28 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
Notes:
1. A decision granting a variance or a special permit shall not be in effect until a certified copy of the
decision is recorded at the Essex County Registry of Deeds,Northern District at 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. A decision granting a variance or special permit as requested by Applicant does not necessarily
ensure the granting of a building permit because 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 a decision granting a variance are not exercised within one(1)
year of the date of the grant then such rights 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 the rights authorized by a
decision granting a special permit shall be deemed to have lapsed after a two(2)year period from the
date of the grant unless substantial use or construction has commenced.
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