HomeMy WebLinkAboutVariance Decision - Decision - 34 Wentworth Avenue 2/18/2022 Town of Notth Andover
OARD
OF APPEALS ^
ZONING B _�1 _„ ,•� .,. .,�, , f��r !t
Town Clerk"1�irteestarlp
Ronn R.Fagen,Chair-an hire Ciiairurarr �~ )
Alexandria A.,Jacobs,Bsq
Allan Cuscia,Clem G'
Irllen P.McIntyre
Ass"iale Me"herJ
Michael T.Lis
Steven R.SeWe
Fcank).Killisea
Notice of Decision
` appeal
shall be filed within twenty Calendar Year 2022 p
Any pp of this notice
days after the date of filing
in tile office of the Town Clerk pursuant
to Mass. Gen.L. ch.40A, § 17
APPLIC�TION DATE;
APPLICANT: October 1 ,
2021
3011athan Grasso HEARING DATES:
November 09,202.1,December 14,2021,
PROPERTY: November 2022,and February 09,2022
34 Wentworth Avenue 3anua
North Andover,MA 01845 PETITION:
Map 0067,Parcel 002 2021-16
HISTORY AND STATEMENT OF FACTS to Town of North
I. PROCEDURAL ursuant
2021, has requested variances P Frontage, Section 195-7.3
p, plicaat, by application filed October 14, Section 195-7.2 Street on19
p Bylaws, Section 195-7.1 Lot Area,
al Re u, _rnents, and Section 195-7�8 ctxseecifically,
Andover Zoning Table 2: Suinrnary of Dimension q
Yards (setbacks), Property'
actin anew 23 x 35` single family home in the R-4 Zoning is >
the purpose consti g with respect to the p uare feet
Applicant has requested the following osed is 4,547 sq
1} Lot area needing,a relief variance of 7,953 square feet(lot area prop
lot area requred per Table 2 is 12,500); e proposed is 47.5 feet and
and a relief variance of 52.5 feet{street frontage p p
2) Street frontage needing fe
left side setback proposed is 12.2 feet
street frontage required per Tableof voila�e of)2 g feet
3) Left side setback needed per Table 2 is 15 feet);and ro osed is 12.3
and side setback req .n a relief variance of 2.7 feet (right side setback p p
4) Right side setback need g per Table 2 is 15 feet).
feet and side setback requiredBylaws Section 195-7.8
ted the application of Town of North Andovex Zoning Y
Applicant also reques and
Exceptions to the Application and the Proper}` Appeals("Board"),
notices were sent to all certified
earitn before the North Andover Zoning Board of App
The Application requires a h g and publicatlan. Legal published in Tile
was given by mailing
due notice of the hearing ssessor's Office of the Town of North Andov�'r and were
provided by the A n in the Town of North Andover on October 25,2021
abutters pro of general circulatia
Eagle-Tribline,a newspaperMA on
and November 01,2021.
North Andover Taws Hall, 120 Main Street,North Andover,i � 11,2022 at
The Board held public hearings at No Tuesday)T December 14,2021 at 7:30 p.m.,
34P.M.with respect to the Property,which is located in
Tuesday,November 09,2021
e qua y'08,2022 at 7. p
7:30 p.iri., and Tuesday, page l ora
the R-4 Zoning District.
pFTITION 2U21-16
Town of North Andover
ZONING BOARD OF APPEALS
Application prepa tile redublic hearings',Applicant,,updated,
iu plans and exhibits were submitted With
#Avetnuel(Lot 110) pi p
The follow g I August
18,2021
e
t supporting Statement__3 2Q21,revised Aug
containing four(4)pages, garages dated May 7,
2• Platt of Land prepared by Williams& sl plans dated August t8,2021,containing eight
containing one(1)page;
3. Elevation Drawings,Floor Plans,and Franuttg Seamans dated March 1906 recorded at the
(8)pages; latt by R.W. Sea
bland View Park(subdivision p ) e 600 containing one{l)page; Page 553,
4• Hig ish of Deeds Book 230,Page istr of Deeds,Book 395, g
Essex(North)Reg Y
dated July, 1918 recorded at the Essex North Reg y Application;
5. Deed da two(2)pages; opposing the
containing liotogjaphs froze mcnibers of the community
Opp
g
6. Several letters and p etttworth Ave,North Andover,MA,
and five 5 a es.
to Den the Variances Needed too train Oil w }p g
7. Petition __--y si natures, regarding the
undated,with fifty-four(54) g
Applicant filed a scparate application for a findinggocketed as
liatio►t filed November 16,2021,
permit at the Property
glication for a building p
By ap eitial of Applicant's apI ^ 7 Finding)could obviate the need e 1Variait es}.
Bttildlug Ittspectot s d before advancing 2021
Finding)
Petition 2021-17. Since the the Boatdlea d 2021-17 ( notancously with this decision for 2021-16
decide 2021-1b(Variances),
A decision regarding 202 i-17 (Finding)has been filed comet p
(Variances). Massachusetts tit 11te R-4 Zoning
the lot area,street frontage, and side setbacks.
's located at 34 Wenrivortli Avenge,North Andover,
The Property t
District. The Property is non-confatntiiag due
II
. FINDINGSIDISCUSSIONICONDITIONS the irtforntation presented at the Izv of tile lot isle
Board has made careful study of the materials submitted and
oa issues that arose at the hearings are
of variance qualification-g It
The B and the hardship e
hearings. Among the most signific q estedhieeded,
t the amount of relief req ile above-referdecision
regarding 2021-0 and Cite hearings tiler
involve
the Propel y, criced
is worth noting that ection 195-7.9 Exceptions, and hardship. plan provided by
grandfathering,
The lot comprising the Property was la
id out in March 1906 accordingoand s des deptlof+I95' t
The lot has 4,547 sf of area and is a rectangle of 47.5 ut width
t. and with the side boundaries of the lot being within I'
in leng
Applicant, northern side),
and+1-96
(Sol side) effect rectangle.
of eher, it's effectively a p ei in this 2021-16
ach Other,
tiott of Section 195-7.8 Exceptions to the property
Applicant argued for the applica
(Variances) and in 2021-17 (Finding)heteknabove. ►antin a variance(s).
{ g
ulnettt that the lot contpi ising the especially
ally has
t Applicant has not advanced tlne basic criteria for g' nd
The Board finds that pp provided evidence or g general. The arguments
Specifically,App
licant has not p or topography of the land Or structures a
res but not affecting generally the zoning district in g
conditions relating to soil conditions,shape, o eity is gt•andfa$tered,that thaProperty i ation
affecting such land or situ s eciftcrty are that the Pt p which is a�ot a valid 1918 and
that Applicant advanced with any p ert 's is undersized
under 195-7.8 Exceptions,and that#lie Ptop Y shi s of decades past,the
d the current owner's family sinned November 25,
qualified un has been awned by
of"shape") The Property Applicant noted the faitiily's financial lea
for ttte entire tithe. App tlt ltisto►y of paying pi'Operty ton d does
xes as a,no tfnd hardship in
has been vacantpage2or4
fainily's loss of family ntetnbets,and the lengthy
when tine lot app
ears to be unbuildable without substantial variances. Tile
pgTiTI0Z3 2021-16
Town of North Andover
ZONING BOARD OF APPEALS
Applicant and Applicant's
ntinL►ed by applicants tlremselvaxe ►with out seeking a change in the Assessor`s
conditions created or co a its to perceived diminution in market
while there may be a reflexively
p Applicant
predecessors have chosen to 1Mo elovea►rd and pay the record advanced by on July 19,
designation Of the Property.
onsf a st ,ou listed on the deed of the current owner(recorded
value due to the non-bLiildabihty of a structure on the property,
indicates that the most recent an,Esq.,that since
2017)is One Hundred Dollars and No Cents($100.00}. own Counsel,Suzaluae P.Eg is s 5,000
.,that
The Board also finds,with the assistance of research by T
�.8's lrinilnralr criteria of 50 feet of frontage
Street is undersized and does not�9Set 195_�7•$+s minimum cr► eL
the lot at 34 Wentworth S 453 sf) and does ►rot meet
square feet(the lot is short by
of is short by 2.5'},it is not entitled to this exceptio►�.
the 1 t does riot have characteristics based
Apl soil,It
( the Board finds that lot comprising the Proper y tile ert dop c es 1101 nrcet the
n sunura►y, it for variances;the Board finds►ndstthat the]property d e ficall ,
I to ll that qualify.
shape,or topog 1 Y ur 3oses,and the Board
s ec1
a lot qualify as hardship for varlatso qualify
1 y
d uirenr e ualif as all exception pursuant
feet of loth area and 50` of frontage).
applicable dimensional req
property does not meet the criteria of having at least 5,00 5rovisions of the Town of North Andover
the l
Therefore,the Board finds that Applicant has riot satisfied the
p
Tl
Zoning Bylaws to allow the requested variances.
VOTE AND DECISION
III. MOTION LLblic hearing.
Feb
09,2022>the Board voted to close the p the Applicant under Section 195-
Ojr F nested by Table 2: Suzrzrary of
Allan Cuscia to grant the variances req
Mot
was made by St, Frontage, Section I95-7.3 Yards(setbacks a
�' t 195-7.2 St for the purpose of allowing the construction
7.1 Lot Area,Sectloz
Lure►rents,and Section 195-7.8Exceptions
Dirxiensional Req
5' single family home in the R-4 Zoning District.
of a new 23 x 3 Michael T.Lis
D.Paul Koch, Jr.,Esq.,Allan Cuscia,Ellen P.McIntyre,
The voting member in fay°st tile of lle var'anceseS: Ven R, Seide Es , (recused),
The voteng lrenabers agoand Ste
Rarr11 R.
Faigen,Alexandria A. Saco s,
and Fra►tk J.Klllllea
The it lrembers present: AglANCES.
Cliairn�all declared the Board's vote to be
4-1 to
NY THE V
The Acting
v Board of Appeals
"in
North All Ch irman
Ronn R. Fa► ►�' Vice-Chair
Alexandria A. Jacob Esq.,
Allan Cuscia,Clerk
Ellen P.McIntyre Chairman
D.Paul Koch jr.,Esq.,Acting
Michael T.is
Steven R.
de
Frank.J.Killilea
DC,islon2021'16 aoaza>_rtph-a<tzan)ax
33 µcnicx+h a+xnuz—05 Da
Page 3 of 4
pETVrVI >N 2021-16
Town of North Andover
ZONING BOARD OF APPEALS
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,(a) 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(b) 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 cornnienced pursuant to the
• Bylaws Sect
ion 195-10.7.
North Ando
ver eI Zoning provisions o f Towle of No g Y
E
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT FLANK
END OF DOCUMENT
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Page 4 of 4
PETITION 202I-16