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Home My WebLink AboutDecision - Variance 2.23.2021 - Decision - 281 MIDDLESEX STREET 2/23/2021 iwS��r- t h R b i t r� Town of North Andover ZONING BOARD OF APPEALS D.Paul Koch Jr.,Esq.,Cbainvan ! Ronn R.Faigen, Vi Town Ctei:Time Stamp ua-Cliann�an Man Cuscia,Clerk Ellen P.McIntyre Alexandria A.Jacobs,Esq. �?rJociaterblersberr _ . - - Michael T.Lis Steven R.Seide Frank-J.XiMea Any appeal shall be filed within twenty Notice of Decision This Is to cerg#y that twenty(20)days days after the date off,lm of this notice 11.evo olalksed frorn date of decision g Calendar Year 2021 writ IOW filing of an appeal in the office of the Town Clerk pursuant gate to Mass. Gen. L. ch. 40A, § 17 Trudy l Fhi�l- � Town Clerk APPLICANT: APPLICATION DATE: Joseph Stewart January 14,2021 PROPERTY: HEARING DATE: 281 Middlesex Street February 09, 2021 North Andover,MA-01845 Map 009.0, Parcel 0047 PETITION: 2021-02 L PROCEDURAL HISTORY.AND STATEMENT OF FACTS Applicant, by application filed January 14, 2021, has requested two (2) variances: first, a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3 Yards (setbacks) and Table 2: Summary of Dimensional Requirements in the R-4 Zoning District for the puiwse of constructing a driveway; specifically, Applicant has requested a setback needing a relief variance of 3.6' (the setback proposed is 14.4' and the setback required is IS'); second, a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-8.5.A. Design Standards in the R-4 Zoning District for the purpose of constructing a driveway; specifically Applicant has requested relief from the minimum setback from lot lure needing a relief variance of 3.0' (the setback proposed is Off and the setback required is 3.0'). The Application requires a heaving 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 January 25,2021 and February 01,2021. The Board held a virtual public hearing on Tuesday,February 09,2021 at 7:30 pin 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) Certified Plot Plan prepared by John Abagis&Associates,Professional Land Surveyors dated April 23,2020, containing one(1)page; (2) Certified Plot Plan prepared by John Abagis&Associates,Professional Land Surveyors dated January 08,2021,containing one(1)page- (3) Landscaping Plan,undated,containing one(1)page; (4) Garage Elevations and Proposed Garage Floor Plan prepared by CWC Design,LL,C,undated, containing two(2)pages; AI'f'1 M ATrue Copy PETITION 2021-02 It-A." Page I of 3 Town Ckrk' Town of North Andover ZONING BOARD OF APPEALS (5) Existing Floor Plans prepared by CWC Design,LLC dated June 2,2020 containing three(3) pages; (6) Proposed Floor Plans prepared by CWC Design,LLC dated June 10,2020 containing three(3) pages; (7) Drainage Plan with graphic prepared by CWC Design,LLC,undated,containing two(2)pages; and (8) Arborvitae and Roses exhibit,undated,containing one(1)page. The Property is located at 281 Middlesex Street,North Andover,MA, 01845 in the R-4 Zoning District. II. FINDINGSIDISCUSSION/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 construct a driveway pursuant to the Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks) and Table 2: Summary of Dimensional Requirements and Section 195-8.5.A Design Standards for minimum setback from Iot line in the R-4 Zoning District for the purpose of constructing a driveway in accordance with the plans,other materials, and testimony at tho public hearing. III. MOTION VOTE AND DECISION On February 09,2021 the Board voted to close the public hearing. A.motion was made by Allan Cuscia and seconded by Alexandria A. Jacobs,Esq. to grant the variances requested under,first, Section 195-7.3 Yards (setbacks) and Table 2: Summary of Dimensional Requirements of the Zoning Bylaws needing a relief variance of 3.6' (the setback proposed is 14.4' and the setback required is 18')and, second, Section 195-8.5.A Design Standards of the Zoning Bylaws needing a relief variance of 3.0`both to allow the construction of a driveway in accordance with the following plans and other materials: (1) Certified Plot Plan prepared by John Abagis&Associates,Professional Land Surveyors dated April 23, 2020,containing one(1)page; (2) Certified Plot Plan prepared by John Abagis&Associates,Professional Land Surveyors dated January 08,2021,containing one(1)page; (3) Landscaping Plan,undated,containing one(1)page; (4) Garage Elevations and Proposed Garage Floor Plan prepared by CWC Design,LLC,undated, containing two(2)pages; (5) Existing Floor Plans prepared by CWC Design,LLC dated June 2, 2020 containing three(3) pages; (6) Proposed.Floor Plans prepared by CWC Design,LLC dated June 10,2020 containing three(3) pages; (7) Drainage Plan with graphic prepared by CWC Design,LLC,undated,containing two(2)pages; and (8) Arborvitae and Roses exhibit,undated,containing one(1)page. PETITION 2021-02 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS The voting members in favor of the variance: Alexandria A. Jacobs,Esq.,Ellen P.McIntyre, Allan Cuscia,Ronn R.Faigen, and D. Paul Koch,Jr.,Esq. 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 qR#NT THE VARIANCES. -- North nda r Zoning Board of Appeals D. Pau Koch .,Esq.,Chairman Ronn R.Faigen,Vice Chair Allan Cuscia, Clerk Ellen P.McIntyre Alexandria A. Jacobs,Esq. Michael T. Lis Steven R. Seide Frank J. Killilea Decision 202I-02 291 mid,6 .taus—Ili Decision Vari,"„•V3 2421f1'_18(pk-2c1ao;.de: Notes: I. 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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