HomeMy WebLinkAboutDecision for Variance - Decision - 327 SALEM STREET 6/26/2023 Town of North Andover
ZONING BOARD OF APPEALS
AlexandriaF
Town Clork`rime Stamp
A.Jacobs,Esq.Chair
Nfichael'F.Lis, Vire-Chair
Allan Cuscia,Clerk r 9-' 23
Ronn R.Fwgen
Steven I Seide
j....... ...
Associate Members
Frank J.I(Mea
Laura Craig-Comin
James M,Testa
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2023
in the office of the Town Clerk pursuant
to Mass. Gen, L. ch. 40A, § 17
APPLICANT: APPLICATION DATE:
Lynn McLoughlin and John McLaughlin March 13, 2023
PROPERTY: HEARING DATE: -
335 Salem Street April 11, 2023, May 09,2023, and
North Andover, MA 01845 June 13,2023
Map 037,D,Parcel 0054
PETITION-
2023-002
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicants, by application filed March 13,2023, have requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-7,LA Contiguous buildable area('CBA")and Section 195-10.8(A)
& (B) in the R-3 Zoning District; specifically, Applicants have requested a variance for CBA needing a
relief of 3,350 sf(i.e. 13.4%) (the CBA proposed is 15,400 sf(i.e. 61.6%) and the CBA required is 18,750
sf(i.e. 75%))for the purpose of constructing a new single-family home on a vacant lot which is 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 March 27,2023 and
April 03, 2023.
The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday, April 11, 2023 at 7:30 p.m.,Tuesday, May 9,2023 at 7:30 p.m., and Tuesday, June 13,2023 at
7:30 p.m, with respect to the Property,which is located in the R-3 Zoning District,
The following plans and exhibits were submitted with the Application or at the,public hearings:
(1) Plan of Land and Subsurface Infiltration System Plan prepared by Sullivan Engineering
Group, LLC dated March 8, 2023 and Revised April 26, 2023 and June 2, 2023,
containing two (2) pages;
(2) Stormwater Drainage Report prepared by Sullivan Engineering Group, LLC dated June
02, 2023, containing thirty(30)pages; and
(3) Elevation Plans, undated, containing four(4) pages.
PETITION 2023-02 Pagel of3
Town of North Andover
ZONING BOARD OF APPEALS
The Property is located in the R-3 Zoning District.
11. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing.
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 mollifying or substantially derogating fi•om the intent or purpose
of the Bylaws.
Therefore,the Board finds the Applicants have satisfied the provisions to allow the requested variance in
order to construct a single-family home on a vacant lot pursuant to the Town of North Andover Zoning
Bylaws Section 195-7.LA and Section 195-10.8(A) & (B) in the R-3 Zoning District hi accordance with
the plans, other materials, and testimony at the public hearings.
III. MOTION VOTE AND DECISION
On June 13, 2023,the Board voted to close the public hearing for a variance.
A motion was made by AIlan Cuscia and seconded by Ronn R. Faigen to grant the variance requested
under Section 195-7,1(A) and Section 195-10.8(A) &(B) of the Zoning Bylaws to allow the construction
of a single-family home on a vacant lot; specifically, allowing contiguous buildable area to be 3,350 sf
(i.e. 13.4%) (the CBA proposed is 15,400 sf(i.e, 61.6%) and the CBA required is 18,750 sf(i.e. 75%)) in
accordance with the following plans and other materials:
(1) Plan of Land and Subsurface Infiltration System Plan prepared by Sullivan Engineering
Group,LLC dated March 8, 2023 and Revised April 26, 2023 and June 2, 2023,
containing two(2) pages;
(2) Stormwater Drainage Report prepared by Sullivan Engineering Group,LLC dated June
02, 2023, containing thirty(30)pages; and
(3) Elevation Plans, undated, containing four(4)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 Criag-Comin, and
James M, Testa
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PETITION 2023-02 Page 2 of 3
Town of North Andover j
ZONING BOARD OF APPEALS
I
The Chairperson declared the Board's vote to be 5-•0 to GRANT THE VARIANCE.
I
i
North A dover onin oard of Appeals
Alexandria A.Jacobs, q,, Chair
Michael T. Lis, Vice Chair
Allan Cuscia, Clerk
Ronn R, Faigen
Steven R. Seide
Frank J. Killilea
Laura Craig-Cumin
James M. Testa
1
Decision 2023-002
DxIslon-315 Salon St
Notes;
1. A decision granting a variance or a special permit shall not be in effect until a certified co
py of
the decision is recorded at the Essex County Registry of Deeds,Northern District at Applicant's j
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. GeneralIy, (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. eh. 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 I
commenced pursuant to the provisions of Town of North Andover Zoning Bylaws Section 195-
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END OF DOCUMENT
PETITION 2023-02
Page 3 of 3