HomeMy WebLinkAboutDecision Recorded - 83 Academy - Decision - 83 ACADEMY ROAD 11/23/2020 Bk 16672 Pg189 #36863
12-22-2020 @ 09 : 4.9a
To-wm of North Andover
ZONING BOARD OF APPEALS:
:
2 l2mO7er1;I`�,en4A�:
D.Paul Koch)r,,Esq.,Chairman ,
Ellen P.Mclnryre, MW'Chaf xyare
Allan Cuscla Clerk
Alexandria A-)acobs,Esq.
Roan IL Faige"
Auadan Mr I'm
Michad T.Lis
Steven R.5eide
Frank).Killilrw
'rnl6 ilt to certltr✓nstt Rw+rtn'a:�:::�.-+•"
iUy're ataC 'd�irT:.iata et.5 4vr'-
Any appeal shall be filed within twenty Notice of Decision w dioat filir�g"t rtn l �'� /
clays after the date of filing,of this notice Calendar Year 2020 Truax L,ROW
in the office of the Town Clerk pursuant 7uwc r'
to Mass.Gen.L.ch. 40A, § 17
APPLICANT. APPLICATION DATE;
Kathy Stevens October 15,2020
_ PROPERTY- 11EAWNG DATE:
83 Academy Road November 10,2020
U1 C North Andover.MA 01845
f Map 059-0, Parcels 0002 and 0055 PETITION:
2020-14
7
Y PROCIEDU1 ALJ1 J< j OF FADS
Applicant,by application filed October 15,2020, has requested a variance pursuant to Town of North
v Andover Zoning Bylaws, Section 195-7.3(A), Yards(setbacks)and Table 2:Summary of Dimensional
i Requirements in the R-3 Zoning District for the purpose of oonstl-ucting a ono-story covered porch of
approximately 35'x 8' in the same location as the existing brick patio and the former location of a historic
covered porch,; specifically,Applicant has requested a front setback needing a relief variance of 18.0 feet
' (the front setback proposed is 12.0 Feet and the front setback required per Table 2 is 30.0 feet)with
respect to the Property.
The Application requires a hearing before the North Andover Zoning hoard 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
Eugle-n-lbune,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-3 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 dated June 22,2020,containing one
(1)page;
(2) proposed Porch Plan prepared.by JD LaGrasse&Associates,Inc.,dated August 06, 2020,
containing one(1)page(A100);
Il'►TV4%
pBTiTION 2020-14 �A7"w COW Page 1 ofq
%A."
Town CA'*
Town of North Andover 7,,7
ZONING BOARD OF APPEALS 2 .
D.Paul Koch]r.,Esc{.,Chairman �Qf{, n3�cFIne�'ta'r�3p C:
Ellen P.McIntyre,lice-Chairrman
Allan Cuscia,Clerk
Alexandria A.Jacobs,Esq.
Ronn R.I^aigen i
AssotiateMsmbers
Michael'T'.Lis ISO
Steven R.Seide
Frank J.Killilea
-'his iS to c®Wy that twenty(20)(lays
have elapsed frWr date of decision
Any appeal shall be filed within twenty Notice of Decision vidt ut filing of an appeal,
days after the date of filing of this notice Calendar Year 2020 Date /�I i
in the office of the Town Clerk pursuant Teudy L.Reid
to Mass. Gen.L.ch.40A, § 17 Town C;les'k
APPLICANT: APPLICATION DATE:
Kathy Stevens October 15,2020
PROPERTY: HEARING DATE:
83 Academy Road November 10,2020
North Andover,MA 01845
Map 059.0,Parcels 0002 and 0055 PETITION:
2020-14
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed October 15,2020,has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-7.3(A),Yards(setbacks)and Table 2: Summary of Dimensional
Requirements in the R-3 Zoning District for the purpose of constructing a one-story covered porch of
approximately 35`x 8' in the salve location as the existing brick patio and the former location of a historic
covered porch; specifically,Applicant has requested a front setback needing a relief variance of 18.0 feet
(the front setback proposed is 12.0 feet and the front setback required per Table 2 is 30.0 feet)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-3 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 dated June 22, 2020,containing one
(1)page;
(2) Proposed Porch Plan prepared by JD LaGrasse&Associates,Inc., dated August 06, 2020,
containing one(1)page(A100);
PETITION 2020-14 F .
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'down Ckrk.
Town of North Andover
ZONING BOARD OF APPEALS
(3) Existing Front Elevation prepared by JD LaGrasse&Associates Inc, dated May 29 202 s 0
containing one(1)page(EX200);
y � ,
(4) Proposed Front Elevation and proposed Side Elevation prepared by JD LaGrasse&Associates,
Inc.,dated October 01,2020, containing two(2)pages(A200-A201);
(5) Historic Photographs of 83 Academy Road,North Andover,MA,undated,containing three(3)
pages;and
(6) Certificate of Appropriateness from the Old Center Historic District Commission dated October
06,2020.
The Property is located at 83 Academy Road in the R-3 Zoning District.
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 one-story covered porch of approximately 35'x 8'in the same location as the existing
brick patio and the former location of a historic covered porch pursuant to the Town of North Andover
Zoning Bylaws Section 195-7.3(A),Yards(setbacks),in the R-3 Zoning District in accordance with the
plans, other materials,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(A)of the Zoning Bylaws to allow the construction of a one-story covered porch of
approximately 35'x 8'in the same location as the existing brick patio and the former location of a historic
covered porch in accordance with the following plans and other materials:
(1) Certified Plot Plan prepared by John Abagis&Associates dated June 22,2020, containing one
(1)page;
(2) Proposed Porch Plan prepared by JD LaGrasse&Associates, Inc.,dated August 06,2020,
containing one(1)page(A100);
(3) Existing Front Elevation prepared by JD LaGrasse&Associates,Inc., dated May 29, 2020,
containing one(1)page(EX200);
(4) Proposed Front Elevation and proposed Side Elevation prepared by JD LaGrasse&Associates,
Inc., dated October 01,2020, containing two(2)pages(A200-A201);
(5) Historic Photographs of 83 Academy Road,North Andover,MA, undated,containing three(3)
pages; and
(6) Certificate of Appropriateness from the Old Center Historic District Commission dated October
06, 2020.
PETITION 2020-14
Page 2 of 3
I Town of North Andover
I ZONING BOARD OF APPEALS
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 non-voting members present: Steven R. Seide and Michael T. '. Lis
The Chairman declared the Board's vote to be unanimou 5-0 to GRANT THE VARIANCE.
North ove Zoning Board of Appeals
D. Paul Mch Jr. Esq.,Chairman
Ellen P.Mclntyre, Vice Chair
Allan Cuscia, Clerk
Alexandria A. Jacobs,Esq.
Ronn R.Faigen
Michael T.Lis
Steven R. Seide
Frank J.Killilea
Decision 2020-14
87 wda y mad—67 D,-bi-2 f6201 I l9(pL•lelan}d«
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.
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