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Home My WebLink AboutRecorded Decision - Decision - 23 CLEVELAND STREET 1/27/2023 r , Town of North Andover ZONING BOARD OF APPEALS Rona R.Faigen,Chair 'Town Clerk Tune stamp " Alexandda A.Jacobs,Esq.,Vice-Chair Allan Cuscia,Clerk {i �I� 3: 08 Michael'T`.Lis Steven R.Seide 7 _. Assodale Members Frank J.T{illilea - Laura Craig-Comm James M.Testa w ry'� �_'_:.;�' .._ ,f,•�r , +soh Cl p i• ii tR ; Any appeal shall be filed within twenty Notice of Decision This Is certify thattwenty(20)days days after the date of film of this notice have elapsed from elate of decision y g Calendar Year 2022 without filing of an a pea. in the office of the Town Clerk pursuant pate / — �aaz� to Mass. Gen. L. ch. 40A, § 17 Carla D,4vvn6 Warren Town Clerk' APPLICANT; APPLICATION DATE: Dawn Vargas August 1,2022 PROPERTY: HEARING DATE: 23 CIeveland Street October 18, 2022 and December 13,2022 North Andover, MA 01845 Map 029.0; Parcel 0027 PETITION; 2022-012 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed August 1,2022,has requested a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3 Yards (setbacks) in the R-4 Zoning District for one side setback fox the purpose of extending an existing deck on the Property; specifically, Applicant has requested a side setback needing a relief variance of 9 ft. (side setback proposed is 11'ft, side setback required is 20 ft.) 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 public hearings at North Andover Town Hall, 120 Main Street,North kndover,'MA on Tuesday, October 18,2022 and Tuesday,December 13, 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 hearings: ' (1) Plan of Land prepared by Merrimack Engineering Services dated November 22,2022,containing.; three(3)pages (2) Five(5)pages of photographs of the area where the setback is required, . The Property is located at 23 Cleveland Street in the R-4 Zoning District, The Property is non- conforming due to its side setback. PETITION 2022-012 Page 1 of 3 Town of North Andover. ZONING BOARD OF APPEALS YL FINDINGSIDISCUSSION/CONDITI.ONS The Board has made careful study of the materials submitted and the information presented at the hearings.The Board also notes that among the most significant issues that arose at the hearings are the s17-e of the deck proposed and the requested setback. 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 tile provisions of"the Bylaws will involve substantial hardship, financial or otherwise,to Applicants 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 extend an existing deck on the Property;specifically,Applicant has requested a side setback needing a,rellef variance of 9 ft,(side setback proposed is 1 I ft,side setback required is•20 lt,) pursuant to the Town of North Andover Zoning Bylaws Section 195-73 Yards(setbacks) in the R-4 Zoning District in accordance with the plans,other materials,and testimony at the public bearings. I•II. MOTION,VOTE,AND DECISION On December 13,2022,the Board voted to close the public hearing. A motion was trade by Allan Cuscia and seconded by Michael T. Lis to grant the variance requested under Section 195-7.3 of tile Zoning Bylaws in order to extend the existing deck on the Property; specifically,Applicant has requested a side setback needing a relief variance of 9 ft.(side^setback proposed is I I fl,side setback required is 20 ft.)in accordance with the following plans and other materials: (1) Plan of Land prepared by Merrimack Engineering Services dated November 22,2022,containing 'three(3)pages (2) Five(5)pages of photographs of the area where the�setback is required. The voting members in favor of the variance: Ronn R. f aigen,Alexandria A. Jacobs, Esq., Allan Cuscia,Michael T. Isis,and Steven R, Seide The voting members against the variance: None ' The non-voting members present: Prank J. Killilea and James M.Testa The Chairman declared the Board's vote to be.5-0 to GRANT THE VARIANCE. Nbrth Andover Zoning Board of Appeals Ronn R. Faigen,Chair Alexandria A,Jacobs,Esq., Fice-Chair Allan Cuscia,Cleric Michael T. Lis Steven R.Sefde Frank J, Killilea Laura Crnig•Coniin James M,Testa 17.ti•1�.�•'-3 tk•eksJ tin.� ' PRT)TIpN 2022-012 1'ajga 2 uf3 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 tho Essex County Registry of Deeds,Northern District at.Applicant`s expense. Further provided that if the Property is registered land then'a certifzed'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 TI Its PAGE INTENTIONALL Y LEFT BLANK END OF DOCUMENT' PFTITION 2022-012 Page.3 of 3 f . RECEIPT Printed: January 27, 2023 p 13;04:22 Essex North Registry M. Paul Iannuccillo Register Trans#: 1026 Oper:KAIF VARGAS Book: 17671 Page: 336- Inst#:-1368 ^ Ctl#: 87 Roo:1-27-2023 ® 1:04:09p NANO 23 CLEVELAND ST DOC DESCRIPTION TRANS AMT -------- --------_ DECISION Surcharge CPA $50.00 50.00 50.00 recording fee 50.00 5,00 TECH FEE 5.00 Total fees: y_105.00 Total charges: 105,00 CHECK PM 18$ 105.00