HomeMy WebLinkAboutDecision-TimeStamped-1004 Salem Street - Decision - 1004 SALEM STREET 9/22/2021 Town of Noah Andover
ZONING BOARD OF APPEALS ' F:)
D.Paul Koch in,Esq.,Chairman Town Clerk Time Stamp 1 '
Rout R.Faigen,Vice-Chairman
Allan Cuseia,Clerk
-Alexandria A.Jacobs,Esq.
Ellen P.McIntyre "
Associate Members '.
Michael T.Lis
0
Steven R.Seide -
Frank J.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
to Mass. Gen.L. ch. 40A3 § 17
APPLICANT: APPLICATION DATE:
Carmen Henriquez-Lopez and Francisco Bonilla August 18,2021
PROPERTY: HEARING DATE:
1004 Salem Street September 14,2021
North Andover,MA 01845
Map 104.D,Parcel 0031 PETITION:
2021-14
1. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant,by application filed August 18,2021,has 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,Applicant has requested a side setback needing a relief variance of 10.62
feet(the side setback proposed is 19.38 feet and the side setback required per Table 2 is 30.00 feet for the
purpose of constructing an addition onto the existing house with a two car garage 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 a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday, September 14,2021 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 hearing:
(1) Plan of Land prepared by Merrimack Engineering Services dated August 10,2021,containing
one(1)page;
(2) Proposed Elevation Plans of Garage prepared by Kelloway Drafting Service dated August 17,
2021,containing one(1)page;and
(3) Proposed Floor Plans prepared by Kelloway Drafting Service dated August 17,2021,containing
one(1)page,
The Property is Iocated at 1004 Salem Street in the R-2 Zoning District. The Property is non-conforming
for the setback,and the Property is irregularly narrow in shape.
PETITION 2021-14 Page I of
Town of North Andover
ZONING BOARD OF APPEALS
II. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing.
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 an addition onto the existing house with a two car garage pursuant to the Town of
North Andover Zoning Bylaws Section 195-7.3 and Table 2: Summary of Dimensional Requirements in
the R-2 Zoning District in accordance with the plans,other materials,and testimony at the public hearing.
III. MOTION,VOTE,AND DECISION
On Tuesday,September 14,2021,the Board voted to close the public hearing.
A motion was made by Michael T.Lis and seconded by Ellen P.McIntyre to grant the variance requested
under Section 195-7.3,Table 2: Summary of Dimensional Requirements in the R-2 Zoning District;
specifically,Applicant has requested a side setback needing a relief variance of 10.62 feet(the side
setback proposed is 19.38 feet and the side setback required per Table 2 is 30 feet)for the purpose of
constructing an addition onto the existing house with a two car garage in accordance with the following
plans and other materials:
(1) Plan of Land prepared by Merrimack Engineering Services dated August 10,2021, containing
one(1)page;
(2) Proposed Elevation Plans of Garage prepared by Kelloway Drafting Service dated August 17,
2021,containing one(1)page; and
(3) Proposed Floor Plans prepared by Kelloway Drafting Service dated August 17,2021,containing
one(1)page.
The voting members in favor of the variance: D.Paul Koch,Jr.,Esq.,Ellen P.McIntyre,
Alexandria A, Jacobs,Esq.,Steven R. Seide,and
Frank J.Killilea
The voting members against the variance: None
The non-voting members present., Michael T.Lis
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PETITION 2021-14 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
The Chairman declared the Board's vote to be 5-0 to GRAV11THE VARIANCE.
North Au yerV
g Board of Appeals
D.Paul Koc Jr., 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 2021-14
MW Salem st<eee—6sisioa.3 30j10920{p1:-2clennjda
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 peanut 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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END OF DOCUMENT
PETITION 2021-14 Page 3 of