HomeMy WebLinkAboutRecorded Decision 2022NOV21 - Decision - 55 DANA STREET 11/21/2022 Town of North Andover
ZONING BOARD OF APPEALS
n I A.
Ronn R,Fai en,Chair Town Clerk Time Stup
Alexandria A.Jacobs,Esg,, Vice-Chair '
Allan Cuscia,Clerk
Michael T.Lis
Steven R,Seide
Asrodale Mernherr
Frank J.Kit ca ;
Laura Craig-Comm "
James M.Testa
This is certify that Monty(20)ctrjys
Any appeal shall be filed within twenty Notice of Decision have elapsed frvrn datzi of dl-!L'lMrx'i
days after the date of filing of this notice Calendar Year 2022 without tiling of ai
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in the office of the Town Clerk pursuant carla 0awne Vvafrent__..
to Mass. Gen. L. ch. 40A, § 17 Town Clerk
APPLICANT: APPLICATION DATE:
Robert P.Tine September 21, 2022
PROPERTY: HEARING DATE:
55 Dana Street October 18, 2022
North Andover,MA 01845
Map 010.0, Parcel 0014 PETITION:
2022-019
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed September 21, 2022,has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 195 Attachment 3 Table 2: Summary of Dimensional Requirements in
the R-4 Zoning District; specifically,Applicant has requested a side setback needing a relief variance of
6' 3" (side setback proposed is 8' 9", side setback required per Table 2 is 15') for the purpose of
constructing an additional garage bay 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 October 03,2022
and October 10, 2022.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday, October 18,2022 with respect to the Property,which is located in the R-4 Zoning District,
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Plan of Land prepared by Sullivan Engineering Group dated September 12,.2022,containing one
(1)page; and
(2) Existing and Proposed Elevation and Floor Plans prepared by Stephen,Foster dated August 13,
2022,containing eight(8)pages.
The Property is located at 55 Dana Street in the R-4 Zoning District. The Property is non-conforming due
to its side setback.
A'r"i'EST;
t
A'n-ue Copy
PETITION 2022-019R± Paget of 3
Town of North Andover
ZONING BOARD OF APPEALS
IL FINDINGSIDISCUSSION]CONDITIONS
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
Andover Zoning Bylaws Section 195 Attachment 3 Table 2: Summary of Dimen order to construct an additional garage bay with a relief variance of 6' 3"pursuant to the Town of North
siona l irements in
Requ
the RA Zoning District in accordance with the plans,other materials, and testimony at the public hearing.
1H. MOTION, VOTE,AND DECISION
On October 18,2022, the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by Steven R. Seide to grant the variance requested
under Section 195 Attachment 3 Table 2: Summary of Dimensional Requirements of the Zoning Bylaws
to allow a side setback needing a relief variance of 6' 3"(side setback proposed is S' 9", side setback
required per Table 2 is 15)for the purpose of constructing an additional garage bay with respect to the
Property in accordance with the following plans and other materials:
(1) Plan of Land prepared by Sullivan Engineering Group dated September 12, 2022, containing one
(1)page; and
(2) Existing and Proposed Elevation and Floor Plans prepared by Stephen Foster dated August 13,
2022, containing eight(S)pages.
The voting members in favor of the variance: Alexandria A. Jacobs,Allan Cuscia, Michael T. Lis,
Steven R. Seide, and Frank J.Killilea
The voting members against the variance: None
The non-voting members present: Ronn R. Faigen,Laura Craig-Comin, and
James M.Testa
The Chairperson declared the Board's vote to be -0 t G NT TH ' VA
Nor n over ng rd of Appeals
Ronn R. aigen, Chair
Alexandria A. Jacobs, Vice-Chair(Acting Chair)
Allan Cuscia, Clerk
Michael T. Lis
Steven R. Seide
Frank J. Killilea
Decision 2022-019
DECM(M-SS Ulna ytirECi
PETITION 2022-019
Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
Notes:
L 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
commenced pursuant to the provisions of Town of North Andover Zoning Bylaws Section 195-
10.7.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
END OF DOCUMENT
PETITION 2022-019 Pago 3 of 3
1
• ;f
RECEIPT
Printed: November 21, 2022 n 8:59:4
Essex North Registry
M. Paul Iannuccillo
Register
Trans#: 18613 Oper:KAIF
TINE
Book: 17626 Page: 113 InsM 26822
Ctl#: 7 Reo:11-21-2022 W 8:59:44a
NAND 55 DANA ST
DOC DESCRIPTION TRANS AMT
DECISION
Surcharge CPA $50.00 50.00
50.00 recording fee 50.00
5.00 TECH FEE 5.00
i Total fees: 105.00
* Total charges: 105.00
CHECK PM 5129 105.00