HomeMy WebLinkAboutDecision - 325 Johnson Street - Decision - 325 JOHNSON STREET 8/23/2021 Town of North Andover
ZONING(BOARD OF S
APPEAL
D.haul Koch Jr,L;sq.,Cbainnag
It �+y ry~fin r;
onn I FAgen,Vtre-0mirwau Town Cl 4�b t �fr�2 3 Ali 9! 10
(Allan Cuseia,Clerk
rllceandda A,Jacobs,R?zq.
I.-Men R\IcIntyrf-
Astociata 11�u�tGcrs • -
A ichael T.Uq
Steven R.Scide
Frank J.Killilea
Any appeal shall be filed within twenty n
Notice-of Decision
days after the date of filing of this notice Calendar Year 2
in the office of the Town Clerk pursuant
021
to Mass. Gen. L_ ch.40A, § 17
APPLICANT: APPLICATION DATE:
Kevin Sparks and Alison Sparks July 14 2021
,
PROPERTY: HEARING DATE:
325 Johnson Street August 10,202I
North Andover,MA 01845
Map 97,Parcel 72 PETITION:
2021-12
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicants, by application filed July 14,2021,have requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-4.19.C.(2)(c)Non-Disturbance Buffer Zone within the watershed
protection district in the R-3 Zoning District:specifically,Applicants have requested they be allowed to
construct a one and a half story,wood frame,detached garage with a 24'x 30'footprint located within
the 100 foot non-disturbance zone within the watershed protection district 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•-Tribime, a newspaper of general circulation in the Town of North Andover,on July 26,2021 and
August 02,2021.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday, August 10,2021 at 7:30 p.m,.with respect to the Property,which is located in the R-3 Zoning
District.
The following plans and exhibits were submitted with the Application.or at the public hearing:
(1) Plot PIan of Land prepared by Sullivan Etigineering Group,LLC dated May 20,2021,containing
one(1)page; and
(2) Garage elevation schematics,undated,containing three(3)pages.
The Property is located at 32S Johnson Street in the R 3 Zoning District. The Property
as it is located in the non-disturbance zone within the watershed protection district is non-conforming
II. FINDIlYGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing.
PETITION 2021-012
Page 1 oF3
r��
Town of North Andover
ZONING BOARD OF APPEALS
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 Applicants have satisfied the provisions to allow the requested variance in
order to construct a one and a half story,wood frame,detached garage with a 24' x 30' footprint located
within the 100 foot non-disturbance zone within the watershed protection district pursuant to the Town of
North Andover Zoning Bylaws Section 195-4.19.C.(2)(c)Non-Disturbance Buffer Zone within the
watershed protection district in the R-3 Zoning District in accordance with the plans, other materials, and
testimony at the public hearing.
III. MOTION,VOTE,AND DECISION
On August 10,2021,the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by Michael T. Lis to grant the variance requested
under Section 195-4.I9.C,(2)(c)Non-Disturbance Buffer zone of the Zoning Bylaws to allow the
construction of a one and a half story, wood frame, detached garage with a 24'x 30' footprint located
within the 100 foot non-disturbance zone within the watershed protection district in the R-3 Zoning
District in accordance with the following plans and other materials:
(1) Plot Plan of Land prepared by Sullivan Engineering Group, LLC dated May 20,2021,containing
one(1)page;and
(2) Garage elevation schematics, undated,containing three(3)pages.
The voting members in favor of the variance: Ronn R. Faigen, D. Paul Koch, Jr.,Esq.,Allan Cuscia,
Alexandria A.Jacobs, Esq., and Ellen P.McIntyre
The voting members against the variance: None.
The non-voting members present: Michael T. Lis, Steven R. Seide,and Frank J,Killilea
The Chairman declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
North Andover Zoning Board ofAppeab
D. Paul Koch Jr., 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 2021-12
775htN n;lrm-0ttijkn 0,,Vh%W Nk-Zdan!6x
PETITION 2021-12 Page 2 of 3
f
Town of North Andover
ZONING BOARD OF APPEALS
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 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 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(I)
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, § I0, 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
ENO OF DOCUMENT
PETITION 2021-12 Page 3 of