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Home My WebLink AboutRecorded Decision - Decision - 476 GREAT POND ROAD 11/1/2022 Town of North Andover ZONING BOARD OF APPEALS Roan R.Faigen Chair Town Clerk T34s[3amp`, f , Alex=dria mil.Jacobs,Esq., Viee-Chair Allan Cuscia,Clerk Michael T.Lis Steven R,Seide associate Members Frank J.I{illilea Laura Cram Comin James M.Testa This is~certiFy'thaE tvielity(20)days have elapsed from date ad without filing of n a e 1 Date �.-�, Carla awne r en Any appeal shall be filed within.twenty Notice of Decision Town Clerk days after the date of filing of this notice Calendar Year 2022 in the office of the Town Clerk pursuant V.k 17 613 7 9 to Mass. Gen. L. ch. 40A, § 17 I -L----0 1—2 0 2 2 a Ct�3 n C e 4 p APPLICANT: APPLICATION DATE: Edward C. Nieburger and Gayle D.Nieburger August 15, 2022 PROPERTY: HEARING DATE: 476 Great Pond Road September 27,2022 North Andover,MA 01845 Map 064.0,Parcel 0022 PETITION: 2022-013 1. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicants, by application filed August 15, 2022,.has requested variances pursuant to Town of North Andover Zoning Bylaws, Section 195-4.19.C.0 Construction of a new permanent structure Only after a variance has been granted by the Zoning Board of Appeals and Section 195-7.4 Table 2: Summary of Dimensional Requirements in the R-1 Zoning District for the purpose of constructing a new single family house on the lot;specifically,Applicants have requested a building height needing a relief variance of 3 ft. (building height proposed is 38 ft.,building height required per Table 2 is 35 ft.). 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 September 12,2022 and September 19,2022. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday, September 27, 2022 at 7:30 p,m, with respect to the Property,which is located in the R-1 Zoning District. The following plans and exhibits were submitted with the Application or at the public bearing: (1) Site Plan of Land prepared by Sullivan Engineering Group, LLC dated April 15,2022, containing one (1)page; and (2) Floor and Elevation.Plans,undated, containing four(4)pages (A2,A3,A4,A5), M EST' , ,ftue Copy The Property is located at 476 Great fond Road in the R-1 Zoning District. `'`'"� To�v►Clerk PETITION 2022-013 Page I of 3 Town of North Andover ZONING BOARD OF APPEALS 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 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 Applicants have satisfied the provisions to allow the requested variances in order to construct a new single-family house on the lot; specifically,Applicants have requested a building height needing a relief variance of 3 ft. (building height proposed is 38 ft.,building height required per Table 2 is 35 ft.)pursuant to the Town of North Andover Zoning Bylaws Section 195-7.4 Table 2: Summary of Dimensional Requirements and Section 195-4.19.C.0 Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals in the R 1 Zoning District in accordance with the plans, other materials,and testimony at the public hearing. III. MOTION VOTE AND DECISION On September 27,2022,the Board voted to close the public hearing. A motion was made by Michael T.Lis and seconded by Steven R. Seide to grant the variances requested under Section 195-4.19.C.0 Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals and Section 195-7.4 Table 2: Summary of Dimensional Requirements of the Zoning Bylaws to allow the construction of a new single-family house on the lot; specifically,Applicants have requested a building height needing a relief variance of 3 ft. (building height proposed is 38 ft.,building height required per Table 2 is 35 ft.) in accordance with the following plans and other materials: (1) Site flan of Land prepared by Sullivan Engineering Group,LLC dated April 15,2022, containing one(1)page; and (2) Floor and Elevation flans,undated, containing four(4)pages (A2,A3,A4,A5). The voting members in favor of the variance: Allan Cuscia(Acting Chair),Michael T.Lis, Steven R. Seide, and Frank S. Killilea The voting members against the variance: Alexandria A. Jacobs,Esq. The non-voting members present: Ronn R.Faigen,Laura Craig-Conin,James M. Testa PETITION 2022-013 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS The Chairman declared the Board's vote to be 4-1 GRANT THE VARIANCES. 4 -1 i < North Andover Zoning Bo9rd of Appeals Ronn R. Faigen, Chair Alexandria A. Jacobs,Esq., Vide-Chair Allan Cuscia, Clerk(Acting Chair) Michael T. Lis Steven R. Seide Frank J. Killilea Laura Craig-Cornift James M. Testa Decision 2022-013 DECISM 4T5 Gnat Pond Rosd Notes: L A decision granting a variance or a special permit small 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 pexmit 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 TBIS PAGE INTI;NUONALLY LEFT BLANK END OF DOCUMENT PETMON 2022-013 Page 3 of4 P � p 15:0Q:10 RBCBX 1 2022 Print SSaX°worth Rggtstry N` pau Rejintucc er t110 Oper:GRRBCJON �ra��D��&GRYt-B D NIBBpRGER 25679 r== ====3 Page90 ~x22 4' s;0A:00 Book:"1161 Rsc:ii-01-2D Ctl 4 6 GRBA� POND RD S Ri�j NAND pOC pESCR�-p-i1.ON 5D.D0 CPA $5fl•o0 50` 00 Surorierge 5•00 recording FEE 105.00 l otel less" 145.00 i *** IOU ct�a gss 105.00 •'• Ci-linCK PN 12i2� a a 1�;aa:14 Printssexo� h Rook}lo �, pain,o.0terC} aper:�RRE4�at� - ED�ARD 17613 Pa}$ Oi-�22 3;aa:44p .. p gook G A�1POND AD Ctt 416 TRA�1S AMA �1A�D _ � ac jECT.SIM GpA $613.as 5,00 Surchar��or�'t�J 1 5D'a0TEStI FEE Total lees: ip,.4D l * T ctal char Jee 14'5.p4 cl�Ec�C pJA i212A 1 I