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Home My WebLink AboutRecorded Decision-227 Berry Street - Decision - 227 BERRY STREET 11/8/2021 J" Town of North Andover ZONING BOARD OF APPEALS D.Paul KochJr.,Esq.,Chairmat; Town Clerk Tirn?WP C T 1 8 Pm i: RonrL R.Faigen,Vita-Cbair-ma)j Allan Cusda,Cleve Alexandria A.Jacobs,Esq, Ellen P.McIntyre Asoeiale Alembery Michael T.Lis This Is certify that twt)jj�.y(.�i))ci�ys Steven R.Seide have elapsed from date of decision Frank J.KiUea without filing of an appeal. Date — I Carla awne -Warren Any appeal shall be filed within twenty Notice of Decision Town Clark 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 APPLICANTS: APPLICATION DATE: John Brunette and Celia Brunette August 06,2021 PROPERTY: HEARING DATES: 227 Berry Street September 14,2021 and October 05, 2021 North Andover,MA 01845 Map 106.1),Parcel 0051 PETITION: 2021-13 L PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicants, by application filed August 06,2021,have requested a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3,Table 2: Summary of Dimensional Requirements in the R-2 Zoning District; specifically, Applicants have requested one side setback needing a relief variance of 5.7 feet(the side setback proposed is 24.3 feet and the side setback required per Table 2 is 30,0 feet)for the purpose of demolishing an existing screen porch and replacing it with a new screen porch 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 August 30,2021 and September 06,2021. The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday, September 14,2021 and Tuesday,October 05,2021 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) Plot Plan of Land prepared by David P. Terenzoni, P.L.S. dated May 09,2021,revised September 03,2021 and September 17, 2021, containing one(1)page; (2) Porch&Deck Plan prepared by Archadeck of Suburban Boston dated April 15,2021,containing one(1)page;and (3) Table of measurements titled "227 Berry St--Deck&Porch Project" prepared by Applicant, undated, containing one(1)page. The Property is located at 227 Berry Street in the R-2 Zoning District. The Property is non-conforming as the proposed covered porch and deck encroaches in the 30' required sctbWCh,,-,. PETITION 2021-13 A ITUe Copy Page I of 3 b"'V14V.*AA-V— Town Clerk Town of North Andover ZONING BOARD OF .APPEALS H. FINDINGSIDISCUSSIONICONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. 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 demolish an existing screen porch and replace it with a new screen porch pursuant to the Town of Nonh Andover Zoning Bylaws Section 195-7.3,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. IL[. MOTION VOTE AND DECISION On October 05,2021,the Board voted to close the public hearing. A motion was made by Ronn R.Faigen and seconded by Michael T.Lis to grant the variance requested under Section 195-7.3, Table 2: Summary of Dimensional Requirements of the Zoning Bylaws to allow the Applicants to demolish an existing screen porch and replace it with a new screen porch; specifically, granting a relief variance of 5.7 feet(the side setback proposed is 24.3 feet and the side setback required per Table 2 is 30.0 feet in accordance with the following plans and other materials: (1)Plot Plan of Land prepared by David P. Terenzoni, P.L.S. dated May 09,2021,revised September 03, 2021 and September 17,2021, containing one(1)page; (2) Porch& Deck Plan prepared by Archadeck of Suburban Boston dated April 15,2021,containing one(1)page;and (3) Table of measurements titled "227 Berry St--Deck&Porch Project" prepared by Applicant, undated,containing one(1)page. The voting members in favor of the variance: D. Paul Koch,Jr., Esq.,Ronn R. Faigen, Ellen P. McIntyre,Alexandria A.Jacobs,and Michael T.Lis The voting members against the variance: None The non-voting members present: None THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE ON FOLLOWING PAGE PETITION 202E-13 Page 2 of3 Town of North Andover ZONING BOARD OF APPEALS The Chairman declared the Board's vote to be 5-0 to THE VARIANCE. North ndov Zoning Board of Appeals D.Paul Koch JrN Esq.,Chairman Ronn 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--I3 227Fkuy Sued--A,cisoov220211015(pk-20 a) 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2021-13 Page 3 of { f f I E t RECEIPT Printed: November 8, 2021 Q 12:26:10 Essex North Registry M. Paul Iannucoillo Register Trans#: 27843 Oper:KEVINZ BRUNETTE 5. Book: 17220 Page: 321 Inst#: 36951 Ctl#: 145 Rec:11-08-2021 ® 12:26:04p NAND 227 BERRY ST DOC DESCRIPTION TRAITS AMT -__ ___________ -----__-- DECISION Surcharge CPA $50,00 50.00 50.00 recording fee 5'0.00 5.00 TECH FEE 5.00 Total fees: 105.00 Total charges: 105.00 CHECK PM 8427 105.00