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Home My WebLink About127 Marblehead Street Decision - Decision - 127 MARBLEHEAD STREET 11/25/2019 Town of North Andover ZONING BOARD OF APPEALS D.Paul Koch Jr.,Esq.,Cbahman ' 'town Clerk Time Stamp Ellen P.McIntyre,Vice-Chainwan rt � � •„ Allan Cuscia,Clerk Alexandria A.Jacobs,Esq. Ronn R.Faigen Associate Alember:r Michael 1'.I.,is Steven R.Seide Frank J.Killilea Any appeal shall be filed within twenty Notice of Decision days after the date of filing of this notice Calendar Year 2019 in the office of the Town Clerk pursuant to Mass. Gen. L. ch. 40A, § 17 APPLICANT: APPLICATION DATE: CEN 1 Realty Trust October 17,2019 PROPERTY: HEARING DATE: 127 Marblehead Street November 12,2019 North Andover,MA 01845 Map 009.0.0,Parcel 0046 PETITION: 2019-13 h PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed on October 24, 2019, has requested (i) a special permit pursuant to Town of North Andover Zoning Bylaws, Section 195-4.3N(4)(a) in an R-4 Zoning District and (ii) several variances pursuant to Town of North Andover Zoning Bylaws Section 195-7.1 Lot area, Section 195-7.2 Street frontage, Section 195-7.3 Yards (setbacks), and Section 195-8.5 Design Standards (A) and (C)(2,3); specifically, Applicant has requested a special permit and variances for a conversion of a two- family dwelling to a four-family dwelling with respect to the Property; lot area proposed is 4,500 square feet, the minimum lot area required is 12,500 square feet, the relief variance needed is 8,000 square feet; street frontage proposed is 50 feet, the minimum street frontage required is 100 feet, the relief variance needed is 50 feet; front setback proposed is 8.9 feet, the minimum front setback required is 30 feet, the relief variance needed is 21.1 feet; side setback proposed is 11.5 feet,the minimum side setback required is 15 feet, the relief variance needed is 3.5 feet; side setback proposed is 1.9 feet, the minimum side setback required is 15 feet, the relief variance needed is 13.1 feet; parking space setback proposed is 2.4 feet,the minimum parking space setback required is 3.0 feet,the relief variance needed is 0.6 feet. The Application requires a hearing before the North 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 October 29,2019 and November 05,2019. The Board held a public hearing at the North Andover Senior Center, 120R Main Street,North Andover, MA on Tuesday,November 12,2019 at 7:30 pm with respect to the Property,which is located in an R-4 Zoning District. PETITION 2019-15 Page I of4 Town of North Andover ZONING BOARD OF APPEALS The following plan was submitted with the Application: (1) Variance Plan prepared by Christiansen & Sergi dated September 04,2019 (revised October 08, 2019, October 16, 2019, and October 17,201.9), one(1) sheet. The Property is located at 127 Marblehead Street in an R4 Zoning District, II. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearing. Regarding the special permit,the Board finds that under Section 195-10.7(A)of the Bylaws and as conditioned below, (a)the Property is an appropriate location for the use, structure, or condition, (b)the use as developed will not adversely affect the neighborhood, (c)there will be no nuisance or serious hazard to vehicles or pedestrians, (d)adequate and appropriate facilities will be provided for the proper operation of the use, and(e)the use is in harmony with the general purpose and intent of the Bylaws. Regarding the special permit,the Board also finds that under Section 195-4.3N(4)(a)of the Bylaws and as conditioned below,the Application complies with the purposes of the Bylaws and is consistent with the use of the site for the purpose permitted within an R-4 District. The Board has considered(i)consistency with the North Andover Master Plan, (ii)the degree to which the proposed use furthers the Town's interest in providing a range of housing types, (iii)the degree to which the Application addresses certain design standards such as compatibility with the established pattern of uses in the district, design compatibility with architectural features and exterior materials of surrounding structures,and established, mature vegetation. Regarding the variances,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 special permit and variances in order for a conversion of a two-family dwelling to a four-family dwelling pursuant to the Town of North Andover Zoning Bylaws Section 195(N)(4)(a), Section 195-7.1 Lot area, Section 195-7.2 Street frontage, Section 195-7.3 Yard(setbacks),and.Section 195-8.5 Design Standards((A)and(C)(2,3) in an R-4 Zoning District in accordance with the plan,other materials, and testimony at the public hearing. III. MOTION,VOTE,AND DECISION On November 12, 2019,. the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by Alexandria A.Jacobs to grant the Special Permit requested under Section 195-4.3(N)(4)(a)of the Zoning Bylaws in order to allow for the conversion of a two-family dwelling to a four-family dwelling in accordance with the following plan and other materials: (1) Variance Plan prepared by Christiansen& Sergi dated September 04,2019(revised October 08, 2019, October 16, 2019, and October 17,2019), one(1) sheet. PETITION 2019-15 Page 2 of 4 Town of North Andover ZONING BOARD OF APPEALS The voting members in favor of the special permit: D. Paul Koch,Jr.,Allan Cuscia,Ronn R. Faigen, and Frank J. Killilea The voting members against the special permit: Alexandria A. Jacobs The non-voting members present: Michael T. Lis and Steven R. Seide The Chairman declared the Board's vote to be 4-1 to GRANT THE SPECIAL PERMIT. A motion was made by Allan Cuscia and seconded by Alexandria A. Jacobs to grant six(6)Variances requested under the Zoning Bylaws as delineated below: A Variance from Section 195-7.1 Lot area of the Zoning Bylaws,for lot area in the R-4 Zoning District for a conversion of a two-family dwelling to a four-family dwelling. Lot area proposed is 4,500 square feet,the lot area required is 12,500 square feet,the relief variance needed is 8,000 square feet. A Variance from Section 195-7.2 Street frontage of the Zoning Bylaws, for street frontage in the R-4 Zoning District for a conversion of a two-family dwelling to a four-family dwelling. Street frontage proposed is 50 feet,the minimum street frontage required is 100 feet,the relief variance needed is 50 feet. A Variance from Section 195-7.3 Yard(setbacks)of the Zoning Bylaws,for front setback in the R-4 Zoning District for a conversion of a two-family dwelling to a four-family dwelling. Front setback proposed is 8.9 feet,the minimum front setback required is 30 feet,the relief variance needed is 21.1 feet. A Variance from Section 195-7.3 Yard (setbacks)of the Zoning Bylaws,for side setback in the R-4 Zoning District for a conversion of a two-family dwelling to a four-family dwelling. Side setback proposed is 11.5 feet,the minimum side setback required is 15 feet,the relief variance needed is 3.5 feet. A Variance from Section 195-7.3 Yard(setbacks)of the Zoning Bylaws, for side setback in the R-4 Zoning District for a conversion of a two-family dwelling to a four-family dwelling. Side setback proposed is 1.9 feet,the minimum side setback required is 15 feet,the relief variance needed is 13.1 feet. A Variance from Section 195-8.5 Design Standards(A)and(C)(2,3)of the Zoning Bylaws. Parking space setback proposed is 2.4 feet,the minimum parking space setback required is 3.0 feet,the relief variance needed is 0.6 feet. in order to allow for the conversion of a two-family dwelling to a four-family dwelling in accordance with the following plan and other materials: (1) Variance Plan prepared by Christiansen& Sergi dated September 04,2019(revised October 08, 2019, October 16,2019, and October 17, 2019), one(1)sheet. The voting members in favor of the variances: D.Paul Koch,Jr.,Allan Cuscia,Ronn R. Faigen,and Frank J. Killilea The voting members against the variances: Alexandria A. Jacobs The non-voting members present: Michael T.Lis and Steven R. Seide The Chairman declared the Board's vote to be 4-1 to GRANT THE VARIANCES. PETITION 2019-15 Page 3 of 4 Town of North Andover ZONING BOAR O A PEALS Nortl An o r Zo ing Board of Appeals D. Pau K h Jr.,Es Chairman Ellen P.M Intyre,Vic Chair Allan Cuscia, Clerk ,w Alexandria A. Jacobs,Esq- Ronn R. Faigen Michael T. Lis Steven R. Seide Frank J. Killilea Decision 2019-15 127—,bkWd street--decision v2 20191122(pk-2dmi) '.,. 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT I PETITION 2019-15 Page 4 of 4