HomeMy WebLinkAboutDecision - Decision - 39 RICHARDSON AVENUE 10/23/2023 Town of North Andover
ZONING BOARD OF APPEALS
Alexandria A,Jacobs,Esq.,Cbair
Michael T.Lis,Viee•Chair TownC,lerl '1'imc Stamp
Vfank J. Killaca,Clerk
Ronn R.Vaigcn r:�
Steven R.Scidc F
Asrodate Members
Laura Craig-Comin _
James M.Testa
Any appeal shall be filed within twenty Notice of Decision This is certify ilhai taer[ty(20)days
have elapsk,d wuM date of decision
days after the date of filing of this notice Calendar Year 2023 without fling of a appe L >Da 3
in the office of the Town Clerk pursuant Date�o�-[i
Carla oawne warren
to Mass, Gen. L. ch. 40A, § 17 Town Clerk
APPLICANT: APPLICATION DATE:
Beverly Spicer September 14,2023
PROPERTY: HEARING DATE:
39 Richardson Avenue October 10,2023
North Andover, MA 01845
Map 031.0, Parcel 0019 PETITION:
2023-013 _ _ _ _
M
c t _. F '„ ter :
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed September 14,2023 has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-7.3(B)Yards(setbacks)Table 2: Summary of Dimensional
Requirements for one side setback in the R-4 Zoning District for the purpose of constructing an addition
onto the existing garage; specifically, Applicant has requested a side setback needing a relief variance of
9.1 ft. (side setback proposed is 5.9 ft., side setback required per Table 2 is 15 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 September 25, 2023
and October 02, 2023.
The Board held a public hearing at North Andover Senior Center,481 Sutton Street,North Andover, MA
on Tuesday, October 10, 2023 at 7:30 p,m, 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 hearing;
(1) Plot Plan prepared by Ranger Engineering Group, lx; dated Aug-ust 21,2023, containing one(1)
page; and
(2) Schematics of Garage Addition Elevations prcharad by Peter A. Sierpinski, undated,containing
one (.1) page,
The Property is located at 39 Richardson Avenue n,the,R-4 Zoning District. The Property is non-
conforming due to a side setback. r
)NUT S T.
A 11w dopy:
PETITION 2023-OU 'Y"acvu Clerk Page 1 of 3
Town of North.Andover
ZONING BOARD OF APPEALS
II. FINDMGS/DISCUSSIONICONDITIONS
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 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 variance in
order to construct an addition onto the existing garage pursuant to the Town of North Andover Zoning
Bylaws Section 195-7.3(B)Yards(setbacks)Table 2: Summary of Dimensional Requirements for one
side setback in the R-4 Zoning District in accordance with the plan(s), other material(s),and testimony at
the public hearing.
III. MOTION.VOTE,AND DECISION
On October 10, 2023, the Board voted to close the public hearing.
A motion was made by Frank J. Killilea and seconded by Steven R. Seide to grant the variance requested
under Section 195-7.3(B)Yards (setbacks)Table 2: Summary of Dimensional Requirements for one side
setback of the Zoning Bylaws to allow the construction of an addition onto the existing garage
specifically; Applicant has requested a side setback needing a relief variance of 9.1 ft.(side setback
proposed is 5.9 ft., side setback required per Table 2 is 15 ft.) in accordance with the following plans.and
other materials:
(1) Plot Plan prepared by Ranger Engineering Group,Inc. dated August 21,2023,containing one(1)
page; and
(2) Schematics of Garage Addition Elevations prepared by Peter A, Sierpinski, undated, containing
one (1) page.
The voting members in favor of the variance: Michael T. Lis,Ronn R. Faigen, Frank J. Killilea,and
Steven R. Seide
The voting members against the variance: Alexandria A. Jacobs
The non-voting members present; turaCra' -Comin and ames M.Testa
The Chair declared the Board's vote to be 4-1 I E V CE.
Andover ping Board of Appeals
Alexandria A. Jacobs, Esq., Chair
Michael T. Lis, Vice-Chair
Frank J. Killilea, Clerk
Ronn R. Faigen
Steven R. Seide
Laura Craig-Comin
James M. Testa
Decision 2023-013
PETITION 2023-013 Page 2 of 3
i
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 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 Iocal,
state, and federal building codes and regulations prior to the issuance of a building permit as
required by the Inspector of Buildings.
3, General ly, (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.
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