HomeMy WebLinkAboutRecorded Decision - 59 Willow Ridge Rd - Decision - 59 WILLOW RIDGE ROAD 10/8/2020 •
Town. of,�Nqrth An d 6V_6`f_
ZONING BOA,RD OF APPEALS' '
D.Paul Koch jr.,Esq.,Chairman �j
4t-4wh c.1-1,7,4 stamp 57
Ellen P.McIntyre,Vi'e-Chairman
Man CU.SrHS6 Clerk
Alexandria A.Jacobs,Esq.
Ronn R.Falgen t
Assodate Members
Michael T.Lis
Steven R.Seldc 18 10 Cedfy that twenty(20)Frankj.Killilea have elapsed from date o(edi 3�(iays
'OffW filing of an P a]
Datel
Any appeal shall be filed within.twenty Notice of Decision I—
Trwy L Reid
days after the date of fllin&ofthis notice CA16ndar Year 2020• Town clerk
in the office of the Town-Cletk
pursuant
to Mass. Gen. L, ch.40A, § 17
APPLICANT:
APPLICATION DATE:
Stephen Bruns
.August 13,2,020
. ... ..... .....
PROPERTY:
f HEARINGDATE;
59 Willow Ridge Roa,0= j �j t 3eptember 08;2020- -
North Andove' MA:0'845
Mop 107,d,Parcel 0096 J-' j PETITION:
2020-10
1. PROCEDURAL HISTORY 'AND STATEMENT OF FACTS
Applicant, by application-filed i"Aug*t 13,2020,ha's requested a variance pursu
ant to Town of North
Andover Zoning Bylaws, Section l95-7.3B,TAle:,2(Dimensional Requirements)in the R-2 Zoning
District; specifically. Applicant
'ant has requested a right side setback needing a relief variance of 18.0,feet
(the side setback proposed is lU feet and the-s'ide;setbackxequired is 30.0 feet)fbr the purpose of
constructing.a l2'X.l8,';storage!shed.with respect to the Property.
The Application requires a hearing before the,North Andover Zoning Board of Appeals("Board"),:and
as
due notice ofthe hearing w given hy' mailingand,publication. Legal notices were sent to all certified
abutters provided by the Assess,or's Office of the To of North Ando
ver over and were published in The
Eagle-Tribune,a newspaper o'f'genero' circulation in the Town�of North Andover, on August 24,2020
and August 31,2020.
The Board held a public hearing remotely,via conf eerence,call,onTuesday; �ep,, tqn ber.08,2020 at 7:30
p.m..with respect to the Prope�ri which is located .n.the.R-2 Zoning District,
The following plans and�exhlbits were submitted with the Ap
plication or at the public hearing:
(1) Plot Plan of Land:prepared by Sullivan Engineering
ering Group,LLC dated August 12,2020,
containing one(j)page;and!
(2) Shed drawings pxe pared by Applicant,.undated,containing one(1)page.
The Property Is located at 59 Willow Ridge Ro6d in the R-2 Zoning District, ATrua Copy
I:L FINDINGS/DISC kilt'A.1WA
USSION/CONDITIONS Towo Ckrk
The Board has made careful study of the materials submitted and the information presented at the hearing.
..PETITION_ 020710. . .
P�age,l of 3
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Town of North Andover
ZONING BOARD OF APPEALS
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 12'x 18' storage shed pursuant to the Town of North Andover Zoning Bylaws Section
195-7.3B in the R-2 Zoning District in accordance with the plans,other materials,and testimony at the
public hearing.
III, MOTION,VOTE,AND DECISION
— I
I
On September 08,2020,the Board voted to close the public hearing,
A motion was made by Allan Cuscia and seconded by Ellen P.McIntyre to grant the variance requested
under Section 195-7.3B,Table 2(Dimensional Requirements)of the Zoning Bylaws to allow the
construction of a 12'x 18'storage shed; specifically,allowing a right side setback of 18.0 feet(the side
setback proposed is 12.0 feet and the side setback required is 30.0 feet)in accordance with the following
plans and other materials:
I
(1) Plot flan of Land prepared by Sullivan Engineering Group,LLC dated August 12,2020,
containing one(1)page; and
(2) Shed drawings prepared by Applicant,undated,containing one(1)page.
The voting members in favor of the variance: D. Paul Koch,Jr.,Esq.,Ellen P.McIntyre,
Allan Cuscia,Alexandria A. Jacobs,Esq.,and
Ronn R. Faigen
The voting members against the variance: None
The non-voting members present: Steven R. Seide,Michael T. Lis, and Frank J. Killilea
The Chairman declared the Board's vote to be 5-0 to G THE VARIANCE.
I
North AA over oning Board of Appeals
D. Paul Ko h Jr., q.,Chairman
Ellen P. McIntyre, Vice Chair
Allan Cuscia,Clerk
Alexandria A. Jacobs,Esq.
Ronn R.Faigen
Michael T. Lis
Steven R. Seide
Frank J. Killilea
Decision 2020-10
59 Olow idjaa d—deeisien Je 202W916(pk d*l ){aignad}daoa
PETITION 2020-10 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
Notes:
1. A decision granting a variance or a special permit shalt 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 Iapsed after a two(2)year period from the
date of the grant unless substantial use or construction has commenced,
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