HomeMy WebLinkAboutDecision - time stamped - 65 Beverly St - Decision - 65-67 BEVERLY STREET 11/19/2020 Town of North Andover `CE I'f wo
ZONING BOARD OF APPEALS r .
D.Paul Koch Jr.,Esq.,Chairman �`'IYim Cteimyiim ;
Eden P.McIntyre,Vire-Chairman
Allan Cuscia,Clerk
Alexandria A.Jacobs,Esq.
Rona R.Faigen
Michael T.Lis
Steven R.Seide
Frank J.Killilea
This is to certi€y that twenty(20)days
have elapsed from date of decision
without filing of an appeal. v ow
Any appeal shall be filed within.twenty Notice of Decision W P "
Trudd y L.Raid
days after the date of filing of this notice Calendar Year 2020 Town Cleric
in the office of the Town Cleric pursuant
to Mass. Gen.L. ch.40A, § 17
APPLICANT: APPLICATION DATE:
VBL Investment 1 LLC,Peter Graziani,Manager October 05,2020
PROPERTY: HEARING DATE:
65-67 Beverly Street November 10, 2020
North Andover,MA 01845
Map 005.0,Parcel 0002 PETITION:
2020-11
Z, PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant,by application filed October 05,2020,has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-7.3(C)Yards(setbacks)and Table 2: Summary of Dimensional
Requirements in the R-4 Zoning District; specifically,Applicant has requested a rear setback needing a
relief variance of 25.6 feet(the rear setback proposed is 4.4 feet and the rear setback required per Table 2
is 30.0 feet)for the purpose of obtaining a variance for a previously-constructed addition with respect to
the Property.
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 26,2020
and November 02,2020.
The Board held a virtual public hearing on Tuesday,November 10,2020 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 Bay State Surveying Associates Inc., dated September 21,2020,containing
one(1)page;
(2) Conceptual basement access drawing,undated,prepared by Applicant,containing one(1)page;
(3) Side elevation photograph of as-built basement access; and _
(4) Rear elevation photograph of as-built basement access.
The Property is located at 65-67 Beverly Street in the R 4 Zoning District.
ATrEs,p
PETITION 2020-1 l AUve copydu 'A.014, Page 1 of 3
Towntlerk
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 owingto circumstances relating to soil
g 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 grant the variance for a previously-constructed addition of a basement access door pursuant to the
Town of North Andover Zoning Bylaws Section 195-7.3(C)in the R-4 Zoning District in accordance with
the plans, other material,and testimony at the public hearing.
III. MOTION VOTE AND DECISION
On November 10, 2020,the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by Ronn R.Faigen to grant the variance requested
under Section 195-7.3(C)of the Zoning Bylaws to allow the variance for a previously-constructed
addition with respect to the Property in accordance with the following plans and other materials: .
(1) Plot Plan prepared by Bay State Surveying Associates Inc., dated September 21,2020,containing
one(1)page;
(2) Conceptual basement access drawing,undated,prepared by Applicant,containing one(1)page;
(3) Side elevation photograph of as-built basement access; and
(4) Rear elevation photograph of as-built basement access.
The voting members in favor of the variance: D.Paul Koch,Jr.,Esq.,Ellen P.McIntyre,Allan Cuscia,
and Ronn R.Faigen
The voting members against the variance: Alexandria A.Jacobs,Esq.
The non-voting members present: Steven R. Seide and Michael T.Lis
The Chairman declared the Board's vote to be 4-1 to T THE VARIANCE.
Nort ndo r Zoning Board of Appeals
D.Paul och ,Esq., 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 2020-11
65 bWddy-t-1-04 Asilim�220201118(pi:-W—)
PETITION 2020-11 Page 2 of
Town of North Andover
ZONING BOARD OF APPEALS
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 Iapsed after a two(2)year period from the
date of the grant unless substantial use or construction has commenced.
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