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Home My WebLink AboutVariance Decision - 3 Great Pond - Decision - 3 GREAT POND ROAD 5/5/2021 Town of North Andover ZONING BOARD OF APPEALS D.Paul Koch Jr.,Lsq.,Chairman Town Clerk Time.5tamp Ronn R.Faigen,Vice-Chairrwmn Allan Cuscia,Clerk .Alexandria A.Jacobs,Esq. Lllen P.McIntyre da Afsoriate Alembers 4ficliael T.Lis Steven R.Seide Frank J.Kil ilea leI,-is to(;Cflify that fifret)ty(20)days It ve alaps'cl fi-om date of docsskail Any appeal shall be filed within twenty Notice of Decision evitit ut fifiixl of aii<} i W!l /add/ days after the date of filing of this notice Calendar Year 2021 Oki in the office of the Town Clerk pursuant to Mass. Gen.L. ch. 40A, § 17 �. APPLICANT: APPLICA'I`ION DATE: —� Elaine Finbury October 15,2020 PROPERTY: HEARING DATES: 3 Great Pond Road November 10, 2020,December 08,2020, North Andover,MA 01845 January 12,2021,February 09,2021,and Map 96,Parcel 021 March 09,2021 PETITION: 2021-12a I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed October 15,2020,has requested Variances pursuant to Town of North Andover Zoning Bylaws, Section 195-8.5(A)Design Standards for parking and driveways and a parking setback in the R-3 Zoning District; specifically,Applicant has requested a parking setback needing a relief variance of 3.0' (the parking setback proposed is 0.0' and the parking setback required is 3.0) for the purpose of installing six(6)parking stalls for the multi-family home and a minimum maneuvering aisle width of 11',needing a relief variance of 14' (the minimum maneuvering aisle width required is 25') with respect to the Property. Through the course of the hearings,Applicant further requested a Variance pursuant to Town of North Andover Zoning Bylaws,Section 195-8.5(C)(2)Design Standards for entrance and exit driveways in the R-3 Zoning District for adriveway entrance for,the proposed multi-family home; specifically,the Applicant has requested an entrance width of I V needing a relief variance of 7' (the entrance width required is 18'). Through the course of the hearings and revisions to plans,Applicant determined that the variance regarding parking setback was no longer needed. The Application requir•es.a hearing before the North Andover Zoning Board of Appeals("Board"),and due notice of the hearing.was given by mailing and publication. Legal no 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 virtual public hearings on Tuesday,November 10, 2020 at 7:30 pm,'Tuesday,December 08, 2020 at 7:30 pm,January 12,2021 at 7:30 pm,February 09,2021 at 730 pm,and March 09,2021 at 7:30 pm with respect to the Property,which is located in the R-3 Zoning District. ATTEST: A True Cody The following plans and exhibits were submitted with the Application or at the public hearings: Xnterinr'Town Clerk PETITION 2020-12a Page I of 3 Town of North Andover ZONING BOARD OF APPEALS (1) Plan of Land prepared by McCracken Bros. Engineers dated January 12, 1937, containing one(1) page; (2) Special Permit&Variance Plan of Land prepared by Hayes Engineering,Inc. dated September 9, 2020 and revised February 25,2021,containing one(1)page; (3) Proposed Floor Plans(LA 1,2.A1,3.A1)prepared by tish dixon DESIGNS [sic) dated August 3, 2020, containing three(3)pages; and (4) Standard Form Purchase and Sale Agreement dated June 8,2020. The Property is located at 3 Great Pond Road in the R-3 Zoning District and is the subject of an application for special permit heard simultaneously. IL FINDINGS/DISCUSSIONICONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. The Board also notes that among the most significant issues that arose at the hearings are the parking and maneuvering aisle width, 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 variances in order to install six(6)parking stalls pursuant to the Town of North Andover Zoning Bylaws Section 195- 8.5(A)and 195-8.5(C)(2)in the R-3 Zoning District in accordance with the plans,other materials, and testimony at the public hearings. III. MOTION VOTE AND DECISION On March 09,2021,the Board voted to close the public hearing. A motion was made by Ronn R.Faigen and seconded by Steven R. Seide to grant the Variances requested under Section 195-8.5(A)Design Standards for parking and driveways and Section 195- 8.5(C)(2)Design Standards for entrance and exit driveways of the Zoning Bylaws for the purpose of installing six(6)parking stalls for the multi-family home in accordance with the following plans and other materials: (1) Plan of Land prepared by McCracken Bros. Engineers dated January 12, 1937,containing one(1) page; (2) Special Permit&Variance Plan of Land prepared by Hayes Engineering,Inc, dated September 9, 2020 and revised February 25,2021, containing one(1)page;and (3) Proposed Floor Plans(LA 1,2.A1,3.A1)prepared by fish dixon DESIGNS [sic) dated August 3, 2020, containing three(3)pages. The voting members in favor of the variances: D.Paul Koch,Jr.,Esq.,Ronn R.Faigen, Allan Cuscia,Steven R. Seide,and Alexandria A.Jacobs,Esq. The voting members against the variances: None The non-voting members present: Michael T.Lis and Frank J.Killilea PETITION 2020-12a Page 2 of Town of North Andover ZONING BOARD OF APPEALS The Chairman declared the Board's vote to be S-t1och VARIANCES. ning Board of Appeals sq.,Chairman , ce Chair Allan Cuscia,Clerk Alexandria A. Jacobs,Esq. Ellen P.McIntyre Michael T, Lis Steven R. Seide Frank J. Killilea Decision 2020-12a 3 S..t pand road-a,vH—d:tision 4 20210322{pk-2,1mjdx '.. 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 Iand 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. GeneraIly, 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2020-12a Page 3 of 3