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Home My WebLink AboutRecorded ZBA Decision - Decision - 33 MARTIN AVENUE 6/29/2022 l Town of North Andoer ZONING ]BOARD OF APP1E;YX_,-! 7 pal% �71 GVT TIMTt C.LLY1, ime 522Mft tIjcr-Cb2jr 99 i 5-rr [PL: n A31Rn C_U:SCL4 cier)� 7 1- ;il r i, 0%) Michoc[T-fos Srewit R.Scilit, Vjrj,j OF A'hrue Copy T I K Mika .1.1c �LAAJ ER M A S T T S TDWEL cleirli- TW3 is certify tiiii tyverlly(20)days Any appeal dial] be fl I ed within twenty Notice of Decision h2ve atapaed ffnm cliote of dea-i,-ro n without thing of ari I days after the date of fl I ing of this Tzo�ce Calendar Year 2022 Dail, I a,- in [lie office of the Town Cleric pursuant C2T,,a wDs, a to Mass. Gen. L. ch.40A.. § 17 Town Cferk APPLICANT- APPLICATION DATE- Wing Wah Mak & Kathleen F. Mak Airrc 28, 2022 PROPERTY: REARJNG DATE. 33 Mart n Avenue August 16,2022 North Andover,MA 01945 Map 045aGa, Parcel 00 12 PETITION- 2022-010 1. PROCEDURAL HISDOWLA11D STATEMENL_QfFACT§ Applicant by application filed June 28, 2022, has requested a variance puts want to Town of North Andover Zoning By laws, Section 195, Attachment 3 Tab]e 2 a S Ummary.of Dimensional Reqti irements in the R-4 Zonikg District for the purpose of constructing an addition onto the existing home;specjfically. Applicant has requested a rear se back needing a relief variance of 6 ft.(rear setback proposed is 24 ft rear setback ", uired per Table 2 is 30 ft.)with respect to the Property. The A p91 i cati on requires a hearing before the North Andover Zoning Board of Appeals("Board"), and due notice of the ]gearing was given by mal I ing and publication. Le�ga f notices were sent to a]] certj ftd abutters provided by the Assessor's Office of tile Towil of North Andover and were published in The Eagle-Tribvne, a newspaper of general circuladea irk the Town of North Andover,on Aniisl 01,2022 and A qgust 08, 2022- - The Board lid d a public hearing at North Andover Town Hall, 120 Main SlreeL North Andover, MA on Tuesday, A kgust 16, 2-022 at 7.30 p.m. with respect to the Property, which is located in the R-4 Zoni n- The following plans and exhibits were subm i Ited with file A ppl jMtj on or at the pubic hewing- (I) Plot Plan prepared by A lexan&�r CrucI ol i dated June 09,2022,containing one (I)page, and (2) Proposed Additions&Renovatiom of el evkims and floor p tans prepared by Manila M Itc i nnis dated J me 06.2022.. containing el even (11) pages (des I through 10, page X). The Property is located at 33 M art i n Avenue in the R-4 Zonis-District. The Property is non-con formi ng W; 11)the tiiZe and ShELPC Of the 101a PETITION 022-010 Rage 1 Of 3 t Town of Norrb An.dover A True Copy ZONING BOARD OF APPEALS 6 rown C9crk X FINDI1 Sfl)YSCUS i N/CO DITIQ S The Board has made careful study<&t€te materials submitted and the iaforittation presented at die €tearing The Board finds that owing to cifturnstarices relating to soli conditions, shape, or topography ofthe laud or structures and especially affbainsitch land Or structures but not aMctinggeiterafly the zoning district 113 general. a literal Cnnfurcement of thee provisions ofthi�By laws wiII involve substanit al hard,shlp� financial or otherwise,to Appiicant, and that desirable rciief may be grsnted without substantial detriment to the ptNie good and without nullifying or satbstandaily derogating from the intent or purpose of the Bv1aws. Therefore. the Bami d fads that!Applicant has satisfied the provkioos to allow the requested variance its order to construct an addition onto the existing(tome pursuant to the Town of North AndeveF Zoning Bylaws Section 195, AMchment 3 Table 2. Summary of Dimensional Regvlrernl ruts to the R-4 :onEng District in accordance with the plans, other materials;and testimony at the ptrb]ic hearing, W. lYlQTIQ 2, VOTE, AND]DECISION On August 16,2022.. the Board voted to close the public €tearing, A niotion was made by M icitaei T. Us and seconded by F raiik I KiIIilea to grant the variance requested under Section 195, Attachment 3 Table 2: Summary of Dimensional Requirements of the Zoning Bylaws to al l ow a rear setback need i rig a rel ief variance of 6 ft. (rear setback proposed is 24 ft., rear setback rcquired per T;Wc 2 is 30 ft.) in accordance with the Totlowing plans and other materials: (1) Plot Flan prepared by Alex.arider Crucioli dated June 09.2022, containing one(1)page; and (2) Proposed Additioris& Renovations ofe€evation,and floor plans prepared by M artha Macinitis dated June 06. 2022,CoMaining eleven (11)pages(pages l Through 10, page X). TF e voting mi`Tnburs in favor ofIIle Variance Ronn R. F6,en. Michael T. U5, Steven R. Seide,artd Flank,I Kit€ilea The voting inernbers against the variance: None Thci nail-voting inrmbers present: James M. Testa The Chairman declared the Board's vote to be 4-0 to GRANT THE VARIANCE. North An(lover Zoning 90ard of Appeals Ronn R. f=aigen Chair A1exapdrEa A. Jacobs. Esq.. ]Vice-Charj- Allan Cusota. C"leirk Michael 'r. Lis Steven R. Seide Frank J_ Kill ilea Decision 2022-010 ZONING BOARD OF APPEALS -444a,,�Og, 'room rlerk Notes, 1. A decision granting a variance or a special permit shall not be ire effect until a cerdHiEd copy of the decision is recorded at the Essex County Registry of Deeds,Northern Di.Wioz at Applicant's eNpense. Further provided drat if the Proper is registered Imid thou a certified copy of the decision shall also be MW wilh the Land Court. ?. A decision gr-zinttng a variance or special permit as requested by Applic=t does not necessarily ensure the granting of building permit because Applicara rnustabide by apt applicable local. state, and federal build ing codes aiid re ula#ions prior to the isstrance of building permit as required by the Inspector ofBuitdings. 3. Generally.(a) if the rights authorized by a decision graming a variance are Riot exercised within one�I l year of the date of the grant then such rights shall lapse and may be -estabii shed aftr notice and a new hearing pursuant to the provistons of Mass, Geri, L.cis, 40A, § 10.and(b)the rights authorized by a d"ision granting a spceial permit shall be deemed to have lapsed after a two (2)year period from the date oftlxegrant Untess substantial use or ronstruction has commenced porSuam to the provisions of Town of North Andover Zoning By laws Section 195- 10.7. THE REMAINDER OF THES PAGE J NT(�NTION ALLY LE-F--'BLANK ]:NO OF DOCUM 1 NT NDITfClN2n24IU Pad 3pY's RECEIPT ' |m : September g, 2022 $ »:m: mx North RM91stry . % fie bm«dHn Register Rd: me + ,q+UM . ' mK �� ------- Book: 17570 Page: llmm: 2m& q]w q Rac:a-IR-2022 ■ !±»,ka AND 33 MARTIN AVE . gGC DESCRIPTION TRANS A! . ----------- DECISWN . Surcharge CPA Am m o m,m recording »e 5G.Do . . . 5.OD TECH FEE 5.0 lain] fw 105,00 n, Totalcharg A: 105-00 g7IyAm -CASH 12.00