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Home My WebLink AboutRecorded Decision - Decision - 70 GREEN HILL AVENUE 5/22/2023 li TO 0-7. 101 "ov&-' 'TownofNorth ZONING BOARD OF APPEALS D � Alexandria A.Jacobs,Esq.,Chair Town Cie Time Stamp CE Michael T.Lis,Vice-Chair 2 2 Ph 12- 40 Allan Cuscia,Clerk Ronn R,Faigen Steven R.Scide � " C--R Associate Members Frank J.KMea ,X IDOV f:-7TS Laura Craig-Cornin James M,Testa This Is Certify that twenty(2())days have elapsed from date of dr-,Cislon without filing of in appeal. Any appeal shall be filed within twenty Notice of Decision Da days after the date of filing of this notice Calendar Year 2023 Carla awne Warren in the office of the Town Clerk pursuant Town Clerk to Mass. Gen. L. ch. 40A, § 17 APPLICANT: APPLICATION DATE: Mary Alice Rock and Paul Rock April 12, 2023 PROPERTY: HEARING DATE: 70 Green Hill Avenue May 9, 2023 North Andover, MA 01845 Map 022.0, Parcel 0102 - PETITION: 2023-003 1, PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicants,by application tiled April 12, 2023, have requested a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-73 Yards (setbacks) Table 2: Summary of Dimensional Requirements for one rear setback in the R-4 Zoning District for the purpose of constructing an addition onto the existing home; specifically, Applicants have requested a rear setback needing a relief variance of 1,0,1 ft. (rear setback proposed is 19.9 ft., rear setback required per Table 2 is 30 feet) 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 April 24, 2023 and May 01, 2023. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday, May 09, 2023 with respect to the Property, which is located in the RA Zoning District. The following plans and exhibits were submitted with the Application or at the public hearing: (1) Plan of Land prepared by Williams & Sparages dated March 31, 2023, containing one (I) page; (2) First Floor Plan dated April 01, 2023, containing one (1) page; and At-fV,,sT'. (3) Elevation Plans dated April 01, 2023, containing three(3) pages. VI%C COPY PETITION 2023-003 Pagel of Town of North Andover ZONING BOARD OF APPEALS The Property is located at 70 Green Hill Avenue in the R-4 Zoning District. The Property is non- conforming due to its rear setback and the inability to locate the addition in an area where a variance would not be required. 11. FINDINGS/DISCUSSION/CONDITIONS The Board has made carefiil study of the materials submitted and the information presented at the hearing. The Board also notes that among the most significant issues that arose at the hearing was the size of the lot, 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 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 Applicants have satisfied the provisions to allow the requested variance of 10.1 ft, (rear setback proposed is 19.9 ft., rear setback required per Table 2 is 30 feet) in order to construct an addition onto the existing home pursuant to the Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks) Table 2: Summary of Dimensional Requirements in the R74 Zoning District in accordance with the plans, other materials, and testimony at the public hearing, 111. MOTION VOTE AND DECISION On May 09, 2023, the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by Ronn R. Faigen to grant the variance requested under Section 195-7.3 Yards (setbacks) Table 2: Summary of Dimensional Requirements of the Zoning Bylaws to allow the requested variance of 10.1 ft. (rear setback proposed is 19.9 ft,, rear setback required per Table 2 is 30 feet) in order to construct an addition onto the existing home in accordance with the following plans and other materials: (1.) Plan of Land prepared by Williams & Sparages dated March 31, 2023, containing one (1) page; (2) First Floor Plan dated April 01, 2023, containing one (1)page; and (3) Elevation Plans dated April 01, 2023, containing three(3) pages, The voting members in favor of the variance: Alexandria A.Jacobs,Esq., Michael.T. Lis, Allan Cuscia, Ronn R. Faigen, and Steven R. Seide The voting members against the variance: None. The non-voting members present: Frank J. Killilea, Laura Craig-Comin, and James M, Testa PETITION 2023-003 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS The Chairperson declared the Board's vote to be 5-0 o T THE VARIANCE. i rth Ando r Zoning Bo of Appeals Alexandria A. Jacobs, Esq., air Michael T. Lis, Vice-Chair Allan Cuscia, Clerk Ronn R. Faigen Steven R. Seide Frank J. Killilea Laura Craig-Comin Jaynes M. Testa Decision 2023-003 Decleon4(1 Gin Hill Avp Notes; l. 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 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 buildinge 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 THIS PACE.INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2023.003 Page 3 of 3 i e E i1 3 I 9 1 III ' RECEIPT Printed: June 12, 2023 ® 9:35:20 Essex North Registry M. Paul Iannuccillo Register Trans#: 6701 OPer:KEVINZ CASH [ Book: 17759 Page: 330 Inst#: 9003 Ctl#: 27 Rec:6-12-2023 @ 9:35:20a NAND 70 GREEN HILL AVE DOG DESCRIPTION TRANS AMT --- ----------- DECISION 50,00 Surcharge CPA $50.00 50 00 50.00 recording fee 5.00 TECH FEE - ^5_00 Total fees: 105,00 Total charges: 105,00 CASH PMT PAYMENT -CASH 105.00 a J