The URL can be used to link to this page

Home My WebLink AboutRecorded Decision - 303 Chestnut Street - Decision - 303 CHESTNUT STREET 3/15/2021 PRk- 16322 P-3311 8 7 2 Ck F7 Town of North Andover ZONING BOARD OF"Pis D.Paul Koch Jr,,Esq.,Chairman Ronn R.FAlgen,Vim-Chaiman Mm Cusda,Clerk Ellen P.McIntyre iti N. , Alexandria A.Jacobs,Esq. flkj; Aimrinle Members s. Michael T.Us Steven IL Scide Frank].KiUffea This Is to oe,f*blat twenty(20)days have elapsed from date Of deOW" W#tout filing of an appeal e-2 L Lg Any appeal shall be filed,within twenty Notice of Decision Date,— Truo L.R days after the date of filigg ofthis notice Calendar Year 2021 TMn Cie* in the office of the Town:Clerk pursuAnt to Mass.Gen.L.ch.40A, § 17 APPLICANT: APPLICATION DATE: The Winslow Drive Realty Group,LLC December 16,2020 PROPERTY: HEARING DATE 303 Chestnut Street ajk/a Lot Hillside Road January 12,2021 and February 09,2021 North Andover,MA ,0 1845 Map 098Cj Parcel 0 00'8 PETITION: 2020-15 L.PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by:Application filed December 16,2020,khas requested a variance pursuant to Town of North Andover Zoning 1�ylaws,Section 19 5- 7.l(A)in the.R-3 Zoning District;;specifically,Applicant has requested a m_odige-ation of a pteviously-approved variance for-contiguous buildable area(9CBA") needing a relief of 5,718:sf 23%)�(the CBA proposedis 13,032-sf(j,d. 52010)and the CBA required is 18,750 4(i.9,75%)), No modi'fication.is sought regarding the CBA orft pre:vlously-appr9yed relief, ingtead,the modification;being sought is to amend c ertain.plaffs and exhibits to reflect the reconstruction of a.smaller single-family home on the Property;the previously-approved--home was approximately..5,535 square feet And the modified single-family home is 3,100 square feet for:a.reduction of the home amounting to 44%. The Application requires a hearing before the North Andover.Zoning Board of Appeals("Board!'),and f given an crti.i due notice o the hearing was by mailing d pulilication, Legal notices were sent to all c fed abutters provided by the Assessor's Office of the Town.of North Andover and.were published in The Eagle-Tr bune,a newspaper of general circulation in the Town of North Andover,on December 28,2020 and January,0.4,2021.' The Board held a public hearing remotely,via conference call,on Tuesday,January 12,2021 at 7:30 pm, and Tuesday,..'February.O,,9,.20-2.1 at 7:80 pmw i ith respect to the Property,which is located n the R-3 Zoning District. The following plans and exhibits were submitted with the Application or.at the.&bli.c hearing: (j),P.roposedPIM prepared l y Donohoe Survey,Inc.dated December 9,2020,containing two M pages; (2) Floor Plans and Exterior Elevations prepared by Amanda L.Robichaud.dated D,ecembe,r 7, 2020,containing seven(7).pagqg:(A 1,A23 A3,A4,AS,A6,and A7); -1'RUTION,202OA5. AUWUI,,,' Tage I of 3 Town Clerk Town of North Andover ZONING BOARD OF APPEALS (3) Proposed Plan prepared by Donohoe Survey,Inc. dated January 13,2021,containing one(1) page; (4) Floor Plans and Exterior Elevations prepared by W.A.Hurley and Associates dated February 11,2020,containing four(4)pages(A-1,A-2,A-3,and A-4);and (5) Decision by the North Andover Zoning,Board of Appeals dated October 20,2020,containing three(3)pages. The Property is located 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 confirms its finding and re-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 modify a previously-approved variance for contiguous buildable area("CBA")needing a relief of 5,718 sf(i.e. 23%)(the CBA proposed is 13,032 sf(i.e. 521/o)and the CBA required is 18,750 sf(i.e. 75%))and allow the amendment of certain plans and exhibits to reflect the reconstruction of a smaller single-family home;the previously approved home was approximately 5,535 square feet and;the modified single-family home is 3,100 square feet for a reduction of the home amounting to 44%pursuant to the Town of North Andover Zoning Bylaws Section 195-7.1(A)in the R-3 Zoning District in accordance with the plans,other materials,and testimony at the public hearing. For the sake of clarity and removing all doubt,no modification is hereby made to the previously-approved relief for CBA;instead,the sole modification made hereby is to amend certain plans and exhibits to reflect the reconstruction of a smaller single-family home than the Board previously granted. III. MOTION VOTE AND DECISION On February 09,2021,the Board voted to close the public hearing. A motion was made by Alexandria A.Jacobs,Esq. and seconded by Ronn R.Faigen to grant the variance requested under Section 195-7.1(A) of the Zoning Bylaws in the R-3 Zoning District allowing a modification of a previously-approved variance for contiguous buildable area("CBA")needing a relief of 5,718 sf(i.e. 23%)(the CBA proposed is 13,032 sf(i.e. 52%)and the CBA required is 18,750 sf(i.e. 75%)). The modification being sought is to amend certain plans and exhibits to reflect the reconstruction of a smaller single-family home;the previously approved home was approximately 5,535 square feet and the modified single-family.home is 3,100 square feet for a reduction of the home amounting to 44%in accordance with the following plans and other materials: (1) Proposed-Plan prepared by Donohoe Survey,Inc. dated January 13,2021,containing one(1) page? (2) Floor Plans and Exterior Elevations prepared by W.A,Huxley and Associates dated February 11,2020,containing four(4)pages(A-1,A-2,A-3, and A-4); and (3) Decision by the North Andover Zoning Board of Appeals dated October 20,2020,containing three(3)pages(as modified hereby). PETITION 2020-15 page 2 of 3 y + f Town of North Andover ZONING BOARD OF APPEALS The voting members in favor of the variance: D.Paul Koch,Jr.,Esq.,Ellen P.McIntyre, Ronn R.Faigen,Alexandria A.Jacobs,Esq.,and Michael T.Lis The voting members against the variance: None The non-voting members present: Steven R. Seide and Frank J.Kiffilea The Chairman declared the Board's vote to be 5-0 to GP-I,, THE VARIANCE, North Atn ever ping Board of Appeals D.Paul Koc Jr., ., Chairman. Ronn R.Faigen,Vice Chair Allan Cuscia,Clerk Ellen P.McIntyre Alexandria A.Jacobs,Esq. Michael T.Lis Steven R. Seide Frank J.KiIlilca Decision 2020-15 303d.,to.t w"I—D.W0.2 V220110219(pk-2ek-n,W 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. Gera.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 TMS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2020-15 Page 3 of 3 RECEIPT Printed: March 15, 2021 9 14:45:41 Essex North Registry M. Paul Iannuccillo Register Trans#: 7100 Oper:LRRECJON FRANK ROSSI Book: 16822 Page: 311 Inst#: 8720 Ctl#: 267 Reo:3-15-2021 a 2:45:33p NAND 303 CHESTNUT ST DOC DESCRIPTION TRANS AMT DECISION Surcharge CPA $50.00 50.00 50.00 recording fee 50.00 5,00 TECH FEE 5.00 Total fees: 105.00 Total charges: 105.00 CHECK PM 1512 105.00