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Home My WebLink AboutRecorded Decision - 09.16.2020 - Decision - 14 BEECH STREET 9/16/2020 Town of North Andover ZONING BOARD OF APPEALS D.Paul Koch jr.,Es Chainmam Tocvn C1Ctt4ef 0 9> �3 EUen P.McIntyre,Vice-Chairman �� kj Allan Cuscia,Clerk Alexandria A.Jacobs Esq. r Ronn R.Paigen -• �' . Associate Members' Michael T.Lis Steven R.Seide Bk 16496 P022 �-2471--)-2 Frankj.Killi€ea 09-16-2 20 0 This€s to certify Any appeal shall be filed within twenty Notice of Decision have elapsed from data of decision days after the date of filing of this notice Calendar Year 2020 Yfthout h€'rtg of L in the office of the Town Clerk pursuant •Trudy L..Re€d to Mass. Gen.L.-ch. 40A, § 17 Town cleric APPLICANT: APPLICATION DATE: Kenneth G. Collins July 16,2020 PROPERTY: HEARING DATE: i 14 Beech Avenue August 11,2020 North Andover,MA 01845 Map 033.0,Parcel 0044 PETITION: 2020-07 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed July 16,2020,has requested a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3C Yards(setbacks),Table 2: Summary of Dimensional Requirements in the R-4 Zoning District; specifically,Applicant has requested a rear setback for the purpose of constructing a 10' x 12' deck with respect to the Property. Rear setback proposed is 22 feet; rear setback required is 30 feet;relief variance requested is 8 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 July 27,2020 and August 03,2020. The Board held a public hearing remotely via conference call on Tuesday,August 11,2'020 at 7:30 p.m. with respect to the Property,which is located in the R-4 Zoning District. The following plans and exhibits were submitted with the Application or at the public hearing: (1) Plot Plan prepared by New England Engineering Services,Inc.,dated November 05,2007 containing one(1)page; (2) Drawing of the footprint of the proposed deck,undated containing one(1)page; and (3) Photographs of the existing conditions of the area of the proposed deck containing two (2)-pages The Property is located at 14 Beech Avenue in R-4 Zoning District, A'i M61: 'A,'lk ae Copy PETITION 2020-07 Page I of 3 Toga cteerk Town of North Andover ZONING BOARD OF APPEALS II. 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 variance in order to construct a 10' x 12' deck pursuant to the Town of North Andover Zoning Bylaws Section 195- 7.3C Yards(setbacks)in the R-4 Zoning District in accordance with the plan,other material,and testimony at the public hearing. III. MOTION VOTE AND DECISION On August 11, 2020,the Board voted to close the public hearing. A motion was made by Alexandria A. Jacobs,Esq. and seconded by Michael T.Lis to grant the variance requested under Section 195-7.3C Yards(setbacks),Table 2: Summary of Dimensional Requirements of the Zoning Bylaws and as corrected at the hearing(specifically,that the rear setback requested is 22'not 20'which means that the relief requested is 8'not 10')to allow the construction of a 10' x 12' deck in accordance with (a)the following plans and other materials: (1) Plot Plan prepared by New England Engineering Services,Inc.,dated November 05,2007 containing one(1)page; (2) Drawing of the footprint of the proposed deck;undated,containing one(1)page; and (3) Photographs of the existing conditions of the area of the proposed deck containing two(2)pages and(b)the following condition: (1) The Applicant shall submit,no later than Tuesday,August 18,2020,a corrected plot plan and proposed deck drawing correcting the deck's rear setback from 20'to 22' (which requires relief of 8'not 10'). The voting members in favor of the variance: D.Paul Koch,Jr.,Esq.,Alexandria A.Jacobs,Esq., Ronn R.Faigen,Michael T.Lis, Steven R. Seide The voting members against the variance: None The non-voting members present: Frank J. Killilea THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS PETITION 2020-07 Page 2 of Town of Noah Andover ZONING BOARD OF APPEALS The Chairman declared the Board's vote to be 5-0 to ~y THE VARIANCE. Nort do r Zoning Board of Appeals D.Paul och .,Esq.,Chairman Ellen P.McIntyre,Vice Chair Allan Cuscia,Clerk AIexandria A.Jacobs,Esq. Ronn R.>;aigen Michael T.Lis Steven R. Seide Frank J.Killilea Decision 2020-07 14 bwh--De,Wa v220iOM(pk-1 adlicekdoc ', Notes: l. 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 PETITION 2020-07 Page 3 of 3.. Priotect Se C c 1. P r Essex Noretnber 16 14, painaDnu gfst020 11;01, rr Register 1110 KENi 16897 N�rH � & ANNE L COLOPer.LRtrNsRE6j0N fOok 164961) 89 age Re �2 - NAND 14 g Eci�qVE`2020 1:2q702 QOC aSC 01:170 Rrp;TON °SC.rStOAf` S",char rpANS AMr 50.00 ►'�c$or PA5. 50 011 00 rEcy ng FEE -fee 0�'` O0 rota{ tees; 50-0 5 00 CH rota! charges; 105.00 CHECK AM 6397 105.00 105 00