The URL can be used to link to this page

Home My WebLink Abouttime stamped variance decision - 25 Dudley - Decision - 25 DUDLEY STREET 3/22/2021 Town of North Andover ZONING BOARD OF APPEALS Town Clerk Time Stamp D.Paul Koch Jr.,Esq.,Cl5aimax Ronn R.Faigen,Tire-ChahwatJ Allan Cuscia,Clo'k Alexandria A.Jacobs,Esq. Ellen P.McIntyre Associate hfembers Michael T.Lis Steven R.Seide Frank].Killilea 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 APPLICANT: APPLICATION DATE: Amy Almerico-LeClair and Quinn Almerico-LeClair February 11, 2021 PROPERTY: HEARING DATE: 25 Dudley Street March 09,2021. North Andover, MA 01845 Map 019,Parcel 0053 PETITION: 2021-04a I. PROCEDURAL HISTORY AND STATEMENT OF IF, Applicants,by application filed February 11,2021,have requested a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-2.2 in the 1� 4 Zoning District;specifically,Applicants have requested a relief variance of 700 sf gross floor area(i.e. 35%)("GFA")(existing GFA of principal dwelling unit is 2,000 sf,Family Suite GFA proposed is 1,200, (i.e. 600/0)maximum GFA allowed is 500 sf(i.e.25%of principal dwelling unit))and a Vairiance pursuant to Town of North Andover Zoning Bylaws Section 195-2.2 for the purpose of allowing a detached Family Suite(Family Suite required to be within or attached to the principal dwelling unit)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 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 Scott L. Giles dated April 10,2009,containing one(1) page; (2) Floor Plans&Elevations prepared by Herb Jones Architectural CAD-Design Computer Drafting Services dated April 10,2009,Drawing No. 1 through Drawing No. 6, containing two (2) pages; and (3) Notice of Decision of the Town of North Andover Zoning Board of Appeals dated July 16, 2009, containing two(2)pages. The Property is the subject of a separate decision regarding a Special Permit therefor, PETITION2021-04a Page I of3 Town of Noah 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 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 wiII 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. The Board further finds that owing to circumstances relating to the shape of the structure,a nineteenth century(c. 1892-1893)Queen Anne-style Horace Downing House,the single family dwelling's floor plans do not allow the addition of a family suite without compromising the"well-preserved example of this vernacular type" and especially affects the Property and its structure(s) but does not affect generally the zoning district in general. The Board finds that the goal of preserving the architectural heritage of North Andover allows the granting of this finding that the family suite in the separate carriage house and the variances related thereto are within the intent of the Zoning Bylaws by preserving the outer architectural integrity of the two architecturally significant structures as a whole,and a literal enforcement of the provisions of the Zoning Bylaws would involve substantial hardship,financial or otherwise,to Applicants. Therefore,the Board finds that Applicants have satisfied the provisions to allow the requested variances for relief of 700 sf gross floor area(i.e, 35%)("GFA")(existing GFA of principal dwelling unit is 2,000 sf,Family Suite GFA proposed is 1,200,(i.e.60%)maximum GFA allowed is 500 sf(i.e. 25%of principal dwelling unit))and a variance pursuant to North Andover Zoning Bylaws Section 195-2.2 for the purpose of allowing a detached Family Suite(Family Suite required to be within or attached to the principal dwelling unit) in the R-q Zoning District in accordance with the plan(s),other material(s),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 Michael T. Lis to grant the variances requested under Section 195-2.2 of the Zoning Bylaws to allow(i)a relief variance of 700 sf gross floor area(Le. 35%)("GFA")(existing GFA of principal dwelling unit is 2,000 sf, Family Suite GFA proposed is 1,200, (i.e. 60%)maximum GFA allowed is 500 sf(i.e. 25%of principal dwelling unit))and a relief variance allowing a detached Family Suite(Family Suite required to be within or attached to the principal dwelling unit) in accordance with the following plans and other materials: (1) Plan of Land prepared by Scott L. Giles dated April 10,2009, containing one(1)page;and (2) Floor Plans&Elevations prepared by Herb Jones Architectural CAD-Design Computer Drafting Services dated April 10,2009, Drawing No. 1 through Drawing No.6,containing two (2)pages. The voting members in favor of the special permit: D. Paul Koch,Jr., Esq., Ronn R.Faigen, Allan Cuscia, Alexandria A. Jacobs,Esq., and Frank J. Killilea The voting members against the special pert-nit: None The non-voting members present: Michael T. Lis and Steven R. Seide PETITION 202104a Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS The Chairman declared the Board's vote to be 5-0 to T HE VARIANCE. NorthlAVdtvcr oning Board of Appeals D. Pau och Jr., q.,Chairman Ronn R. aigen, Vi Chair Allan Cuscia, Clerk Alexandria A. Jacobs,Esq. Ellen P. McIntyre Michael T. Lis Steven.R. Seide Frank J.Killilca Decision 2021-04a 3JMsi wbwe-25Djdk,Surat Q.0 202 103 1 7(pk-2&-).Sx 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 202104a Page 3 of 3