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Home My WebLink AboutVARIANCE DECISION - Lot 13 - Decision - 0 WINTER STREET 11/27/2023 Doc: 129,513 01-03-2024 11 : 31 Ctf# : 10031 Town of North Andover ZONING BOARD OF APPEALS Alexandria A.Jacobs,Esq.,Chair • ('rnvn C:1cik'['imc Scamp Michael'I',Lis,.is, Vice-Chair r Frank J. KdWca,Clerk Ronn R. Faigen t Stcvcn R.Scide Arrodate Members :':; t i-n ri v r' Laura Craig-Comin �r p� Jamcs M.'resta This is certify tnEii hven?Y(20)days have elapse.;i,orn date of decision Any appeal shall be filed within twenty Notice of Decision without tiring of an ap e� days after the date of filing of this notice Calendar Year 2023 Cara;- e 3 Car?a Ca ne Warren in the office of the Town Clerk pursuant Town Clerk to Mass. Gen. L. ch. 40A, § 17 APPLICANT: APPLICATION DATE: Ellen Cashman c/o Johnson& Borenstein, LLC June 06,2023 PROPERTY: HEARING DATES: 0 Winter Street aka.Lot 13 August 8, 2023, September 12, 2023, North Andover, MA 01845 October 10, 2023,and November 14,2023 Map 104.C, Parcel 0110 PETITION: 2023-006(Variance) I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed June 06, 2023,has requested the following Variances pursuant to Town of North Andover Zoning Bylaws for the purpose of constructing a new single-family home and associated improvements on the Property: (1) The Applicant has requested a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.1 Lot area,Attachment 3,Table 2: Summary of Dimensional Requirements in the R-1 Zoning District; specifically, Applicant has requested a lot area needing a relief variance of 41,233 sf(i.e. 47%)(the lot area proposed is 45,887 sf(i.e. 53%)and the lot area required per Table 2 is 87,120 sf(i.e. 100%)); and (2) The Applicant has requested a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.1(A) Contiguous buildable area("CBA")in the R-1 Zoning District; specifically, Applicant has requested contiguous buildable area("CBA")needing a relief variance of 48,848 sf(i.e. 56%(the CBA proposed is 16,492 sf(i.e. 19%)and the CBA required is 65,340 sf(75%)). 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-Tribzme,a newspaper of general circulation in the Town of North Andover,on July 24,2023.and July 31,2023. a The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover, DAA Tuesday, August 8,2023 at 7:30 p.m.,Tuesday, September 12,2023 at 7:30 p.m.,North Andover,Senior Center, 481 Sutton Street,North Andover MA on Tuesday, October 10,2023 at 7:30 p.m., and at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday,November 14,2023 at 7:30 p.m, a with respect to the Property, which is located in the R-I Zoning District. M. PAUL IANNUCCILLO, REGISTER ' PETITION 2023 006(Variance) ESSEX til4Tt{0&kGISTRY OF DEEDS i E-RECORDED Doc: 129 ,513 01-03-2024 11 : 31 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS The following plans and exhibits were submitted with the Application or at the public hearings: (1) Plot Plan of Land prepared by Andover Consultants, Inc. dated June 2,2023,containing one(1) page; (2) Elevation and Floor Plans prepared by Tom Patenaude Homes, Inc.dated May 27,2010, containing four(4)pages (sheets 1-4); (3) First and Second Floor Plans prepared by Torn Patenaude Homes, Inc.,undated,containing two (2)pages; (4) Correspondence(with attachments)prepared by Johnson& Borenstein, LLC addressed to the Zoning Board of Appeals dated September 29, 2023, containing eight(8)pages;and (5) Joint Submittal of Odelle F. Cashman Trust, Owner of Lot 104C-110; Frank Cashman Realty Trust, Owner of Lot 104C-0149;and Joan M. Cashman Revocable Trust,Owner of Lot 104C- 150, for Petition for a Variance and Petition for a Finding, containing four(4)pages including booklet with thirty-one(3 1)tabbed exhibits, The Property is located at 0 Winter Street aka Lot 13 in the R-1 Zoning District.The Property is non- conforming due to insufficient lot area and contiguous buildable area. U. FINDWGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. The Board finds that the Variances requested by the Applicants for the Property received two(2)votes in favor to grant the Variances and three(3)votes in opposition, and that the application did not receive the required supermajority of four(4)votes to grant the Variances. The grounds for Denial were because the petitioner did not satisfy the required circumstances pursuant to petition filed, and that the Applicants did not satisfy the provisions under Section 195-7.1 Lot area,Attachment 3 Table 2: Summary of Dimensional Requirements and Section 195-7.](A) Contiguous buildable area in the R-] Zoning District of the"Town of North Andover Zoning Bylaws, and that such a change, or extension,or alteration would adversely affect the neighborhood. The Board finds that the petition for the Applicants did not receive the required supermajority of four(4)votes, and therefore,the Variances are denied in accordance with the plans, other materials, and testimony at the public hearings. .ITT. MOTION VOTE AND DECISION On November 14,2023, the Board voted to close the public hearing. A motion was made by Frank J. Killi[ea and seconded by Steven R. Seide to grant the variances requested under Section 195-7.1 Lot area, Attachment 3 Table 2: Summary of Dimensional Requirements and Section 195-7.1(A) Contiguous buildable area of the Zoning Bylaws to new single-family home and associated improvements on the Property in accordance with the following plans and other materials: (1) Plot Plan of Land prepared by Andover Consultants, Inc. dated June 2,2023,containing one(1) page; (2) Elevation and Floor Plans prepared by Tom Patenaude Homes, Inc. dated May 27,2010, containing four(4)pages(sheets 1-4); (3) First and Second Floor Plans prepared by Tom Patenaude Homes, Inc., undated, containing two (2) pages; (4) Correspondence(with attachments)prepared by Johnson &Borenstein, LLC addressed to the Zoning Board of Appeals dated September 29,2023, containing eight(8)pages; and PETITION 2023-006(Variance) Page 2 of 3 Doc: 129 ,513 01-03-2024 11 : 31 Page 3 of 3 Town of North Andover ZONING BOARD OF APPEALS (5) Joint Submittal of Odelle F. Cashman Trust Owner of Lot 104C-I 10; Frank Cashman Realty Trust, Owner of Lot 104C-0 149;and Joan M. Cashman Revocable Trust,Owner of Lot 104C- 150, for Petition for a Variance and Petition for a Finding, containing four(4)pages including booklet with thirty-one(3 1)tabbed exhibits. The voting members in favor of the variances: Frank J. Killilea and Ronn R. Faigen, The voting members against the variances: Alexandria A.Jacobs, Esq.,Michael T. Lis, and Steven R. Seide The non-voting members present. Laura Craig-Comin and James M. Testa The Chair declared the Board's vote to be 2-3 to DENY THE VARIANCES. JOA d'o"-(eZrWng Board o(Appeals Alexandria A. Jacobs, Esq., Chair Michael T. Lis, Vice-Chair Frank J. Killilea, Clerk Ronn R. Faigen Steven R. Seide Laura Craig-Corrin James M. Testa Decision 2023-006(Variance) DECIStONFOR VARIAWE.La B Notes: 1. A decision granting a variance or a special pen-nit 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 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 permit shall be deemed to have lapsed after a t-%;vo(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 2023-006(variance) Page 3 of 3