HomeMy WebLinkAboutDecision - Decision - 18 COTUIT STREET 11/20/2019 This is to certify that twenty(20)days
have elapsed from date of decision
without filing of an appeal,
_. Date / Zev
Town oiFNorth At�ldavex eA. Burzlatl
° f 1 a n Town cleric
ZONING BOARD OF APPE S ' ' r F 1 CC
D.Paul Koc}tL7s 019 f?
jr,,J q,ci.�l,,,,,,,r AIq
Ellen P.TYIeTnt)re,T/ire-Clmbui��r ! ti�1Jefi,,#� + Town Clef l�'iTrn�'St1 .
Ulan Cuscia,Cleek Y ter 4
Alexandria A.Jacobs,Esq. ;yr+nr �r ,
Ronn R.1•aigen _.
Arrorin/e.11e�>rLerf -
Michael T.Lis
Steven R.Slide 3.6 1��i fit=° 28 4W 2 A;-14
17rank J.Killilea 08 1 a C.
Any appeal shall be filed within twenty Notice of Decision
days a#Ier the date of filing of this notice Calendar Year 2019
in the office of the Town Clerk pursuant
to Mass. Gen.L, ch..40A, § 17
FAPPLICANY. T2O
ON DATE:
Margaret A.Lynch ,2019
. ATES:
et019 and November 12,2019
r,MA 01845
Map 024.0,Parcel 0001
L PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant,by application filed September 05,2019,has requested two(2)variances pursuant to Town of
North Andover Zoning Bylaws,Section 195-7.3 Yards(setbacks),Table 2:Summary of Dimensional
Requirements to replace a one-car garage with a two-car garage and build a second floor addition in the R-4
Zoning District 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-Tr-ihune,a
newspaper of general circulation in the Town of North Andover,on September 17,2019 and September 24,
2019.
The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday,October 01,2019 at 7:30 pm and at North Andover Senior Center, 120R Main Street,North
Andover,MA on Tuesday,November 12,2019 at 7:30 pm 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) Elevations(Front,Rear,Right Side,Left Side),Foundation Plan,Main Floor Plan,Roof Framing
Plan,Building Section B.
(2) Plot Plan of Land prepared by Sullivan Engineering Group,LLC dated September 09,2019 revised
October 17,2019,one(1)sheet.
(3) Letter prepared by Joseph&Margaret Lynch dated October 26,2019.
The Property is Iocated at 18 Cotuit Street in an R-4 Zoning District.
ATTEST*
A True Copy
PETITION 2019-12 v ,
Interim Town Clerk Page I or3
Town of North Andover
ZONING BOARD OF APPEALS
II. FINDMGS/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 Applicant has satisfied the provisions to allow the requested variances in order
to replace a one-car garage with a two-car garage and build a second floor addition pursuant to the Town of
North Andover Zoning Bylaws Section 195-7.3 Yards(setbacks),Table 2:Summary of Dimensional
Requirements in the R-4 Zoning District in accordance with the plans,other materials,and testimony at the
public hearings.
III. MOTION,VOTE,AND DECISION
On November 12,2019,the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by Alexandria A.Jacobs to grant the variances requested
under Section 195-7.3 Yards(setbacks),Table 2:Summary of Dimensional Requirements of the Zoning
Bylaws as delineated below:
A Variance from Section 195-7.3 Yards(setbacks),Table 2:Summary of Dimensional Requirements of the
Zoning Bylaws,for one side setback in the R-4 Zoning District to replace a one-car garage with a two-car
garage and build a second floor addition;side setback proposed is 12.2 feet,the required side setback per Table
2 is 15.0 feet,the relief variance granted is 2.8 feet;and
A Variance from Section 195-7.3 Yards(setbacks),Table 2(Dimensional Requirements)of the Zoning
Bylaws,for one rear setback in the R-4 Zoning District to replace a one car garage with a two car garage and
build a second floor addition;rear setback proposed is 21.7 feet,the required rear setback per Table 2 is 3 0.0
feet,the relief variance needed is 8.3 feet.
in order to replace a one-car garage with a two-car garage and build a second floor addition in accordance with
the following plans and other materials:
(1) Elevations(Front,Rear,Right Side,Left Side),Foundation Tian,Main Floor Plan,Roof Framing
Plan,Building Section B.
(2) Plot Plan of Land prepared by Sullivan Engineering Group,LLC dated September 09,2019 revised
October 17,2019,one(1)sheet.
(3) Letter prepared by Joseph&Margaret Lynch dated October 26,2019.
The voting members in favor of the variances: D.Paul Koch,Jr.,Allan Cuscia,Alexandria A.Jacobs,
Ronn R.Faigen,and Steven R.Seide
The voting members against the variances: None
The non-voting members present: Michael T.Lis and Frank J.Killilea
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
6:
d
PETITION 2019-12
Page 2 of 3
d
Town of North Andover
ZONING BOARD OF APPEALS
The Chairman declared the Board's vote to be 5-0 tJGRA GRAIN E ARIANCES.
Z ningBoard of Appeals
Jr.,E q.,Chairman
tyre, ice Chair
Allan Cuscia,Clerk
Alexandria A.Jacobs, q.
Ronn R,Faigen
Michael T.Lis
Steven R. Seide
Frank J.Killilea
Decision 2019-12
16 cmil SUM—d"Wan V2 20101119 rpk•2dwa)
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 Applicants 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,if the rights authorized by a decision granting a variance are not exercised within one(1)year
of fhe 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 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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
END OF DOCUMENT
PETITION 2019-12 Page 3 of 3