HomeMy WebLinkAbout- Decision - 62 SAILE WAY 6/18/2019 Town of Nofth Andover
ZONING BOARD OF APPEALS 1" W C 'R OFFICE
D.Paul 3Coclt Jr.,Esq.,CGairiiiar �Sitsn f. Town Clerk Tih1E5(n41[4 [ Ahl 1:
Ellen P.McIntyre, ilire-Cbairlwau 39
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Allan Cuscia,Clerk
Alexandria A.Jacobs,Esq.
Ronn R.Faigen
Associate 11lenfGers
Michael T..L,is
Steven R.Seide
Frank J.Killilea
Any appeal shall be fled within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2019
in the office of the Town Cleric pursuant
to Mass, Gen.L. ch.40A, § 17
APPLICANT: APPLICATION DATE:
Maria and Anthony DeMarco May 16,2019
PROPERTY: HEARING DATE:
62 Saile Way June 11,2019
North Andover,MA 01845
Map 0062,Parcel 0046 PETITION:
2019-05
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed May 16,2019,has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-4.19(B)(3)(a)in the R-I Zoning District; specifically,Applicant
has requested a variance for construction of an in-ground pool.
The Application requires a hearing before the Noi h Andover Zoning Board of Appeals("Board"),and
due notice of the hearing was given by mailing and publication. Legal notices were sent to all certified
abutters 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 May 28,2019 and
June 4,2019.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday,June 11,2019 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 hearing:
(1) Letter of Authority dated May 16,2019
(2) Correspondence from Greg J.Hochmuth,RS,CWS,PWS,Project Manager at Williams&
Sparages LLC dated May 16,2019
(3) Proposed Operation&Maintenance Plan and Inspection and Maintenance Form
(4) Site Plan#12515 by Williams&Sparages dated May 14,2019
(5) Plan by Pools by Andrews dated April 1,2019
The Properly is located at 62 Saile Way in the R 1 Zoning District.
H. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing.
PETITION2019-05 Page 1 aF3
Town of North Andover
ZONING BOARD OF APPEALS
The Chairman declared the Board's vote to be 5-0 to G T VARIANCE.
Nort 1 ndo r&ing Board of Appeals
D.Pa I och Jr., q.,Chairman
Ellen P. clntyre, ice Chair
Allan Cuscia,Clerk
Alexandria A.Jacobs,Esq.
Ronn R.Faigen
Michael T.Lis
Steven R. Seide
Frank J.Killilea
Decision 2019-05
62 W10 wly—OwWonv40 20IM17(pk-2dmn)
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 Registiy 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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