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Home My WebLink AboutRecorded Decision - Decision - 12 TRINITY COURT 11/28/2022 Town of Noah And,,ov.er B 7 7:3. ZONING BOARD OF AIWEA&S-2022 c� 1-J9 -. 4-2rjL EE 4! Ronn R,F�dgen,Chair Town Clerk Time Stamp t- Alexandria A.Jacobs,Esq,, Vice-Chair Allan Cuscia,Clerk Mcbael T.Lis AH 9: Steven R.Scide Assodats Members _M*11 OF Fr=L-J.Kimea Laura Craig-Comin q� James M.Testa T T My appeal shall be Th Is is certify that twenty(20)days filed within twen ty Notice of Decision haveelapsed from data of decision days after the date of filing of this notice Calendar Year 202yithout filing of a ap eal. D1 in the office of the Town Clerk pursuant Carla Da no arren to Mass. Gen. L. ch. 40A, § 17 Town Clerk APPLICANT: APPLICATION DATE: Deepak Nagarajan October 19, 2022 PROPERTY: HEARING DATE: 12 Tiinity Court November 15, 2022 North Andover, MA 01845 Map.016.0, Parcel 0059 PETITION: 2021-021 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed October 19, 2022 has requested a variance pursuant to'Town of North Andover Zoning bylaws, Section 195,.Attachment 3 Table 2: Summary of Dimensional Requirements for one side setback in the R-4 Zoning District for the.purpose of constructing an addition onto the existing home in the R-4 Zoning District; specifically, Applicant has requested' a side setback needing a relief variance of 5'11" (side setback proposed is 9'1", side setback required per Table 2 is 15') 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 3 l,'2022 and November 07,'2022. The Board held a public hearing at the School Administration Building, 566 Main Street,North Andover, NIA on Tuesday November 15,2022, 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) Certified Plot Plan prepared by John Abagis &Associates dated June 06, 2022, containing one (1)page; and (2) As-built and Proposed Design Plans prepared by Blackdog Builders dated October 17, 2022, containing six(6)pages. PETITION 2022-021 ATTEST.- Aftue CoVY Page I of 3 Clrit d r x Town of North Andover ZONING BOARD OF APPEALS The Property is located at 12'Trinity Court,North Andover,MA 01845 in the R-4 Zoning District. The Property is non-conforming due to the side setback. H. FINDINGS/DISCUSSION/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 laud 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 home pursuant to the Town of North Andover Zoning Bylaws Section 195,Attachment 3, Table 2: Summary of Dimensional Requirements for one side setback needing a relief variance of 5'11" (side setback proposed is 9'1", side-setback required per Table 2 is 15') in the R-4 Zoning District in accordance with the plans, other materials, and testimony at the public hearings). M. MOTION,VOTE,AND DECISION On November 15, 2022, the Board voted to close the public hearing. A emotion was made by Allan Cuscia and seconded by Frank J. Killilea to grant the variance requested under Section 195,Attachment 3, Table 2: Summary of Dimensional Requirements of the Zoning Bylaws to allow the side setback needing a relief variance of 5'11" (side setback proposed is 9'1", side setback required per Table 2 is 15') in accordance with the following plans and other materials: (1) Certified Plot Plan prepared by John Abagis &Associates dated June 06, 2022, containing one(1) page; and (2) As-built and Proposed Design Plans prepared by Blackdog Builders dated October 17, 2022, containing six(6)pages. The voting members in favor of the variance: Allan Cuscia,Michael T. Lis, Steven R. Seide, Frank J. Killilea, and James M. Testa The voting members against the variance: None The non-voting members present: Rona R. Faigen PETITION 2022-02I Page 2 00 Town of No:rth.Andover ZONING BOARD OF APPEALS , The Chairman declared the Board's vote to be 5-0 to GRANT THE, VARIANCE. North Andover Zoning Board of Appeals Ronn R.Faigen, Chain Alexandria A. Jacobs, Esq., Vice-Chair Allan Cuscia, Clerk Michael T. Lis Steven R. Seide Frank J. Killilea Laura Craig-Comin James M. Testa Decision 2022=021 Mdsion-12 Trinity Court 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 Count. 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 Frights shali: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 or DOCUMENT PETITION 2022-021 Pale 3 of I I • •f ss Printed;R E C E I P T D Es ecember 20, 2022 0 sex North R egist 3r42;Y ry M. Pau] Iannuccist Regillo ster Trans#; 19942 NAGARAJAN Oper:KAIF Book: 17649 Pa -_ Ctt#: 17 Rec . 2,20 34p 2 Qm: 28771`gym NANO 2 iRIN TY OT 9'42:12a DOC OESCR TION DECISION - _ TRANS AMT Surchar ` - 5Q.Q0 rge PA $50.00 T Y� 'Juoi FEEng fee 50,00 50.00 tal fees: 5.00 105,00; charges: .26f 105.00 105,00