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HomeMy WebLinkAboutRecorded Decision- 217 Gray Street - Decision - 217 GRAY STREET 10/20/2021 This is certify that twenty(20)days have elapsed from date of decision ATtT . without filing of an a ea. A I>ue Copy Cate Town of North Andover Carla C)awne Warren Town Clerk ZONING BOARD OF APPEALS Tvx'a�Cleric D.Paul Koch Jr.,Esq.,Chairman '' Towjit Time Stan Ronn R.Faigen,Vice-Chaimran # E_ �i Allan Cuscia,Clerk `E Alexandria A.Jacobs,Esq. �.. Ellen P.McIntyre Asrociate Members Michael T.Lis tit Steven R.Seide Frank .KiLWea Any appeal shall be filed within twenty Notice o 5eci ton Pik h=' a r�� ~ 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. 40A3 § 17 APPLICANT: APPLICATION DATE: Paul Miller and Lillian Miller June 09,2021 PROPERTY: HEARING DATE: 217 Gray Street August 10,2021 and September 14,2021 North Andover,MA 01845 Map 107.1),Parcel 0112 PETITION: 2021-10 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed June 09, 2021, has requested a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3(B),Table 2: Summary of Dimensional Requiremerts in the R-2 Zoning District; specifically, Applicants have requested a side setback needing a relief variance of 15' (the side setback proposed is 15' and the side setback required per Table 2 is 30') for the purpose of constructing a 1.5 story detached garage on the Property. The Application requires a hearing before the North Andover Zoning Board of Anpeals("B.)ard"),and due notice of the hearing was given by mailing and publication. Leg-.'_notices web;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 July 26,2021 and August 02,2021. The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover;M.S.on Tuesday,August 10, 2021 at 7:30 p.m. and Tuesday,September 14, 2021 at 7:30 p.m. with respect to the Property,which is located in the R-2 Zoning District. The following plans and exhibits were submitted with the Application or at the public hearings: (1) Plan of Land prepared by Merrimack Engineering Services dated May 24,2021,revised August 31,2021,containing one(1)page; (2) Proposed Garage Plan prepared by M.P.Murphy Builders dated March 1,2021,revised August 30 and August 31,2021,containing two(2)pages(01 &G2); (3) Memorandum in Support of Petition for Variance with exhibits prepared by Brian G.Vaughan, Esq. dated August 6,2021 [sic), containing seven(7)pages; and (4) Supplemental Memorandum with exhibits prepart d by Brian G.Vaughan,Esq. dated September 2, 2021, containing five(5)pages. PETITION 2021-10 Page 1 of3 ' ATTEST': . Town of North Andover A'll�ue Copy ZONING BOARD OF APPEALS Town Clerk The Property is located at 217 Gray Street,North Andover,MA 01845 in the R-2 Zoning District. The Property is non-conforming and is irregularly shaped due to its side lot lines being angled substantially to the right. In addition,there are wetlands and hydric soils located to the rear of the Property.. II. FINDINGS/DISCUSSION/CONDITIONS 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 extent of the variance being requested and the size and massing of the proposed garage structure. 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 a 1.5 story detached garage on the Property pursuant to the Town of North Andover Zoning Bylaws Section 195-7.3(B),Table 2: Summary of Dimensional Requirements in the R-2 Zoning District in accordance with the plans,other materials, and testimony at the public hearings. 111. MOTION,VOTE,AND DECISION On September 14,2021,the Board voted to close the public hearing, A motion was made by Michael T.Lis and seconded by Steven R. Seide to grant the variancc,requested under Section 195-7.3(B),Table 2: Summary of Dimensional Requirements of the Zoning Bylaws to allow the construction of a L5 story detached garage in the R-2 Zoning District; specifically,Applicants have requested a side setback needing a relief variance of 15' (the side setback proposed is 15' and the side setback required per Table 2 is 30'), in accordance with the fbllowing plan; and other materials: (1) Plan of Land prepared by Merrimack Engineering Services dated May 24,2021,revised August 31,2021,containing one(1)page; (2) Proposed Garage Plan prepared by M.P.Murphy Builders dated March 1, 2021,revised August 30 and August 31,2021,containing two(2)pages (G1 &G2); (3) Memorandum in Support of Petition for Variance with exhibits prepared by Brian G.Vaughan, Esq. dated August 6,2021 [sic),containing seven(7)pages; and (4) Supplemental Memorandum with exhibits prepared by Brian G.Vaughan, Esq.dated September 2,2021,containing five(5)pages. The voting members in favor of the variance: Ellen P.McIntyre,Alexandria A.Jacobs,Esq., Michael T.Lis,and Frank J. Killilea The voting members against the variance: D.Paul Koch,Jr., Esq. The non-voting members present: Steven R. Seide PETITION 2021-10 Page 2 of 3 A-F CST• " Town of Noah.Andover A'I1ru`c Copy ZONING BOARD OF APPEALS 7o�v�1�t�,•It The Chairman declared the Board's vote to be 4-1 to G T E VARIANCE. . r North A.n ver Bing Board of Appeals .t D.Paul Koch Jr.,E ,Chairman Ronn R.Faigen,Vice Oijirman Allan Cuscia,Clerk Alexandria A.Jacobs,Esq. Ellen P.McIntyre Michael T.Lis Steven R. Seide Frank J.Killilea Decision 2021-10 217 gny street—0eci6x1 c22010920(plo241ae d- 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 from the date of the grant unless substantial use or construction has commenced. 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