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Home My WebLink AboutRecorded Decision - Decision - 325 JOHNSON STREET 12/16/2021 3 Town of North Andover ZONING BOARD OF APPEALS 1). haul K(ch j r.,1_.q.,Chairman Town(:l�+y t}�z ' Ron" It. I�aigen, Lire-CI)iiriaait 702-r. I2 3 At! 4: 1 CO Allan Cuscia,Clerk :11cxaridda.1.Jacobs,I-sq. _ 1:llen l'. \lcfnnrc Aim riate..1lewberr t. :Michael'1. sc L ob Steven R.Scide 1'[ank 1.K11fiL This is certify that twenty(20)days Any appeal shall be filed within twenty Notice of Decision have elapsed from date of decision days after the date of filing of this notice Calendar Year 2021 without fliDat" al, �) " I f in the office of the Town Clerk pursuant Carla Da, a Warren to Mass. Gen. L. ch, 40A, § 17 Town Clerk APPLICANT: APP=2021 ATE: Kevin Sparks and Alison Sparks July PROPERTY: HEARING DATE: 325 Johnson Street August 10,2021 North Andover,MA 01845 Mal) 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-Tribune,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 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 Property is located at 325 Johnson Street in the R-3 Zoning District. The Property is non-conforming as it is located in the non-disturbance zone within the watershed protection district. II. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the in on presented at the hearing. i'L fITfO`12R21-Of2 ATrue Copy paec t of _541k"tc)"19-- TQ)Vn Clerk ». 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 Iand or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of the Bylaws wiH involve substantial hardship, financial or othenvise,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 Au-ust 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 195-4.19.C.(2)(c)Non-Disturbance Buffer Zone of the Zoning Bylaws to allow the consb•uction 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 AlexThe voting members against the variance: None. andria A.Jacobs, Esq.,and Ellen P. McIntyre 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 of Appeals 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 ;,j*hWn st c l—Acxswn i`l:IC<'L'c��caw da: PETITION.2021-12 Page 2 of 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 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 rNTEIFTIOINALLY LEFT BLANK END OF DOCUME`IT i PETITION 2021-12 Page 3 ors RECEIPT Printed: December 16, 2021 C 11:30:3 Essex North Registry M. Paul Iannuccillo Register Trans#: 30592 Oper:KAIF SPARKS Book: 17275 Page: 241 InstN� 40930 Ctlg: 86 Rec:12-16-2021 @ 11:30:33a NAND 325 JOHNSON ST DOC DESCRIPTION TRANS AMT ORDER. Surcharge CPA $50.00 50.00 50.00 recording fee 50.00 5.00 TECH FEE 5,00 Total fees: 105.00 Book: 17275 Page: 268'-Insl#: 40931 r Ctl4: 87 Rec:12-16-2021 @ 11:30:33a NAND 325 JOHNSON ST DOC DESCRIPTION TRANS AMT DECISION Surcharge CPA $50.00 50.00 50.00 recording fee 50,00 5.00 TECH FEE 5.00 Total fees: 105,00 Bock: 17275 Page: 273 Instg: A0932 Ctl#: 88 Rec:12-16-2021 Q 11:30:33a NANO 325 JOHNSON ST DOC DESCRIPTION TRANS AMT DECISION Surcharge CPA $50.00 50.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 105.00 ,x** Total charges: 315.00 CHECK Ply} 5950 315,00