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Home My WebLink AboutDecision Variance time stamped 1268 - Decision - 1268 OSGOOD STREET 5/3/2021 Town of North Andover ZONING BOARD OF APPEALS D.Paul Koch Jr.,Esq.,Chairmaa Town Clerk Time Stamp Ronn R.Faigen,Vice-Chainuan Allan Cuscia,Clerk Alexandria A.Jacobs,Esq. Ellen P.McIntyre Assaria�e Meizlberr 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 N to Mass. Gen. L. ch.40A, § 17 APPLICANT: APPLICATION DATE: Mark Yanowitz/LYF Architects March 18,2021 PROPERTY: HEARING DATE: 1268 Osgood Street April 20,2021 North Andover,MA 01845 Map 34,Parcel 49 PETITION: 2021-06 I. PROCEDURAL HISTORY AND,STATEMENT OF FACTS Applicant,by application filed March 18,2021,has requested a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-.7.4(B)and Section 195-7.4(F) in the B-2 Zoning District; specifically,Applicant has requested a relief variance of 1.9 feet(the existing building height is 36.9 feet and the building height required is 35 feet)for the purpose of allowing a pre--existing commercial building to remain unchanged as to,building height with respect to the Property. The Application requires a healing before the North Andover Zoning Board of Appeals("Board"),and due notice of the heating 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 April 05, 2021 and April 12, 2021. The Board held-a virtual public heating on Tuesday,April 20,2021 with respect to the Property,which is located in the B-2 Zoning District. The following plans and exhibits were submitted with the Application or at the public hearing: (1) Upper Roof PIan Al02,Building Elevations-East&North A200,and Building Elevations - West&.South A201 prepared by LYF Architects dated November 22,2019,containing three(3) pages; (2) Floor Plan ID101 prepared by LYF Architects dated August 12,2020,containing one(1)page; (3) Foundation As-Built Plan of Buildings 2,3, and 4 in North Andover,MA prepared by Hancock Associates dated March 1,2021, containing one(1)page and cover letter regarding building height prepared by Hancock Associates dated March 1,2 02 1, containing one(1)page; (4) Site Grades Plan C103 prepared by LYF Architects dated March 10,2021, containing one(1) page; PETITION2021-06 Page lof3 Y Town o£North Andover ZONING BOARD OF APPEALS (5) Undated Photos of 1268 & 1274 Osgood Street prepared by Applicant,containing two(2)pages; and (6) Notice of Decision, Site Plan Review,Multi-Family Housing&Reduction in Parking Special Permit Modification by North Andover Planning Board dated January 23,2018 and filed January 24, 2018,containing six(6)pages. The Property is located at 1268 Osgood Street in the B-2 Zoning District. The Property is non- conforming due to the height of the building. 1Q. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearing. The Board also notes that among the most significant issues that arose at the hearing are the building height and financial hardship in having to reconstruct the roof of the building. 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 allow a pre-existing commercial building to remain unchanged as to building height pursuant to the Town of North Andover Zoning Bylaws Section 195-7.4(B)and Section 195-7.4(F)in the B-2 Zoning District in accordance with the plans,other materials,and testimony at the public hearings. III, MOTION VOTE AND DECISION On April 20, 2021,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 195-7.4(B)and Section 195-7.4(F)of the Zoning Bylaws to allow the requested relief variance of 1.9 feet(the existing building height is 36.9 feet and the building height required is 35 feet) for the purpose of allowing a pre-existing commercial building to remain unchanged as to building height in accordance with the following plans and other materials: (1) Upper Roof Plan A102, Building Elevations-East&North A200,and Building Elevations - West& South A201 prepared by LYF Architects dated November 22, 2019,containing three(3) pages; (2) Floor Plan 1D101 prepared by LYF Architects dated August 12,2020,containing one(1)page; (3) Foundation As-Built Plan of Buildings 2, 3,and 4 in North Andover,MA prepared by Hancock Associates dated March 1,2021,containing one(1)page and coverletter regarding building height prepared by Hancock Associates dated March 1,2021,containing one(1)page; (4) Site Grades Plan C103 prepared by LYF Architects dated March 10,2021,containing one(1) page; (5) Undated Photos of 1268& 1274 Osgood Street prepared by Applicant,containing two(2)pages; and (6) Notice of Decision, Site Plan Review,Multi-Family Housing&Reduction in Parking Special Permit Modification by North Andover Planning Board dated January 23, 2018 and filed January 24,2018,containing six(6)pages. PETITION 202I-UG Page 2 of3 Town of North Andover ZONING BOARD OF APPEALS The voting members in favor of the variance: Ronn R. Faigen,Allan Cuscia,Ellen P. McIntyre, and Alexandria A.Jacobs,Esq. The voting members against the variance: D.Paul Koch,Jr.,Esq. The non-voting members present: Michael T.Lis,Frank J. Killilea,and Steven R. Seide The Chairman declared the Board's vote to be 4-1 to GRANT THE VARIANCE. North Andover Zoning Board of Appeals D. Paul Koch Jr.,Esq.,Chairman Rona R. Faigen, Vice Chair Allan Cuscia,Clerk Alexandria A, Jacobs,Esq. Ellen P.McIntyre Michael T. Lis Steven R. Seide Frank J.Killilea Decision 2021-06 U69 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 frond the date of the grant unless substantial use or construction has commenced. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2021-06 Page 3 of 3