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Home My WebLink AboutDecision Variance Recorded - Decision - 39 RUSSELL STREET 4/7/2021 (3)I 1 Town of North Andover ZONING BOARD OF APPEALS Ia,Paul Koch Jr.,Esq.,Chairman Town Clerk Tune Staep Ronn R.Faigen,Vice-Chaimian Allan Cuscia,Clerk Alexandria A.Jacobs,Esq. Ellen P.McIntyre Assoaale Members tltgt trtienty(20)days Micbael T.Lis 10This is to rddfr have elapsed from date of tfecisior► Steven R.Seide without filing of 11 api)e i• Frank J.I{illilea pate ® Trudy P6'11d Toi-rn C lod< Any appeal shall be filed within twenty Notice of Decision days after the date of filing of this notice Calendar Year 2021 in the office of the Town Clerk pursuant to Mass. Gen. L. ch.40A, § 17 � s r.4:_l*;,� n _. '7 az.... .s. .a APPLICANT: APPLICATION DATE: G. Richard Gagnon and Deborah Gagnon February 11,2021 PROPERTY: HEARING DATE: 39 Russell Street March 09,2021 North Andover,MA 01845 Map 057,Parcel 0001 PETITION: 2021-06a I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed February 11,2021 has requested a Variance pursuant to Town of North Andover Zoning Bylaws, Section 2.2 in the R-4 Zoning District; specifically,Applicant has requested a relief variance of 715 sf gross floor area(i.e.21%)("GFA")(existing GFA of principal dwelling unit is 1,291 sf,Family Suite GFA proposed is 576 sf(i.e.46%),maximum GFA allowed is 323 sf(i.e. 25%of principal dwelling unit)) for the purpose of consti acting an addition of a Family Suite with respect to the Property. The Application requires a hearing before the North Andover Zoning Board of Appeals("Board"),and Clue 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 February 22,2021 and March 01, 2021. The Board held a virtual public hearing on Tuesday,March 09,2021 at 7:30 pm 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) Plan of Land prepared by Merrimack Engineering Services dated February 9, 2021, containing one(1)page; and (2) Plans for 39 Russell Street,North Andover,Massachusetts prepared by I.S. Hernandez Services, Inc. dated August 13,2020 and most recently revised January 25,2021,containing eleven(11) pages(A-I through A-11). The Property is located at 39 Russell Street in the R-4 Zoning District. The Property is non-conforming as follows: the existing GFA of principal dwelling unit is 1,29-f-sif(i.e.21%),Family Suite GFA proposed PETITION 2421-06a " kTroe Copy Paget 00 Town Ctok Town of North Andover ZONING BOARD OF APPEALS is 576 sf(i.e. 46%),maximum GFA allowed is 323 sf(i.e. 25%)of principal dwelling unit. The Property is the subject of a separate decision regarding a Special Permit therefor. 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 the addition of a family suite pursuant to the Town of North Andover Zoning Bylaws Section 2.2 in the R-4 Zoning District in accordance with the plans,other materials, and testimony at the public hearing. III, MOTION VOTE AND DECISION On March 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 variance requested under Section 2.2 Gross Floor Area of the Zoning Bylaws to grant the relief variance of 715 sf gross floor area(i.e.21%) ("GFA") (existing GFA of principal dwelling unit is 1,291 sf,Family Suite GFA proposed is 576 sf(i.e.461/1o),maximum GFA allowed is 323 (i.e.25%) of principal dwelling unit)) for the purpose of constructing an addition for a Family Suite in accordance with the following plans and other materials: (I) flan of Land prepared by Merrimack Engineering Services dated February 9,2021, containing one(1)page; and (2) Plans for 39 Russell Street,North Andover,Massachusetts prepared by I.S.Hernandez Services, Inc. dated August 13,2020 and most recently revised January 25,2021,containing eleven(11) pages(A-1 through A-11). The voting members in favor of the special permit; D. Paul Koch,Jr.,Esq.,Allan Cuscia, Ronn R. Faigen,Michael T. Lis, and Alexandria A.Jacobs,Esq. The voting members against the special permit: Notre The non-voting members present: Frank J.Killilea and Steven R. Seide THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE ON FOLLOWING PAGE PETITION 202E-06a Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS The Chairman declared the Board's vote to be 5-0 to G T E VARIANCE. `I North A r ing Board'a Appeals D.Paul Jr.,Es , Chairman Ronn R.Fai en,Vice hair Allan Cuscia, Clerk Alexandria A.Jacobs,Esq. Ellen P.McIntyre Michael T. Lis Steven R. Seide Frank J.Killilea Decision 2021-05a 5QeeicimfaVa1iance»39R-411&1 VL020210113(pk•2,1w) 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(I) 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 n (2)year period from the date of the grant unless substantial use or construction has commenced. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END Or,DOCUMENT PETITION 2021-06a Page 3 of3 x RECEIPT- Printed: April 7, 2021 @ 15:22:54 i Essex North Registry Pul Iannuecillo Register Trans#: 9504�' Oper:STEPHENM - Book: 16866 Pape: 149 Inst#:~11618W- Ctl#: 193 Pe0:4-07-2021 @ 3:22:37p NAND 39 RUSSELL ST I 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 a CHECK PM 388 105.00