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Home My WebLink AboutDecision for Finding - Lot 13 - Decision - 0 WINTER STREET 11/27/2023 I Doc : 129, 512 01--03-2024 11 : 31 Ctf# : 10031 Town of North Andover ZONING BOARD OF APPFALS Alexastdsia A.J �•' acobs Fs Chair . -sa1�a Town G1cr1:T'�rr�c'�Cunp Michael T,U5,Vire-Chair Fraa J.KiHea,Clerk � ',,��' 4 � � A! ];loon k-)rraivcn L steven R,sctdc t' Aisoriare Alentberr F tJ f�; : 1f D O � Laura Ceaig Cotnin ! -� � James M,Testa This is ceorty that ttvonty(20)days Any appeal shall be filed within twenty Notice of Decision have e%psod trom date of decision without filing of 6n a at. days after the date of filing of this notice Calendar Year 2023 qn:e�. .46 3 in the office of the Town Clerk pursuant cane Da a rion to Mass. Gen. L. ch, 40A, § 17 Town clerk APPLICANT: APPLICATION DATE: Ellen Cashman c/o Johnson&Borenstein,LLC June 06, 2023 PROPERTY: HEARING DATE(S): 0 Winter Street aka Lot 13 August 8,2023, September 12, 2023,October 10, North Andover, MA 01845 2023, and November 14,2023 Map 104.C, Parcel 0110 PETITION: 0 e% 6f t t4.tel 2023-006 (Finding) I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed June 06, 2023 has requested a Hudin.g pursuant to Town of North Andover Zoning Bylaws,Section 195-10.8(B)in the R 1 Zoning District; specifically, Applicant seeks a Finding from'Town of North Andover.Zoning Bylaws from the requirements of Section 195-7.1 Lot area, Attachment 3,Table 2: Summary of Dimensional Requirements and Section 195-7.1(A) Contiguous buildable area("CBA") for the purpose of overtm-ring the Building Commissioner's denial dated May 19, 2023 and allowing the construction of a single-]family.home and associated improvements on 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 July 24,2023 and July 31, 2023, The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday, August 8, 2023 at 7:30 p.rn.,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'.yor h Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday,November 14,202 3 at 7:36,p.zn, . with respect to the Property,which is located in the R-1 .Zoning District. 4ti The following plans and exhibits were submitted with.the Application or at the public he€►riugs: (1) Plot Plan of Land prepared by Andover Consultants, Inc. dated June 2 2023, containing one.,(1�),. n s 0 r_. page "_ (2) Elevation and Floor Plans prepared by Tom Patenaude Homes,Inc, dated May'2.r 201 Q; conlainirig four(4)pages (sheets 1-4); (3) First and Second Floor flans prepared by Tom Patenaude Homes,Inc.,undated, containing two (2) pages; PETITION 2023-006(Finding) K. PAUL Y49ft4bQftLLO, REGISTER ' ESSEX NORTH REGISTRY OF DEEDS i r_nrrn[xnsn Town of North.Andover ZONING BOARD OF APPEALS (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. 11. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. Therefore,Applicant has satisfied the provisions for the Board to make the finding from Town of North Andover Zoning Bylaws for the application of Section 195-10.8(B)in the R-1 Zoning District; specifically, Applicant has requested a Finding from Town of North Andover Zoning Bylaws from the requirements of Section 195-7.1 Lot area.,Attachment 3,Table 2: Summary of Dimensional Requirements and Section 195-7.1(A) Contiguous buildable area("CBA")for the purpose of overturning the Building Commissioner's Denial dated May 19,2023 and allowing the construction of a.single-family home and associated improvements on the Property in the R-1 Zoning District in accordance with the plans, other materials, and testimony at the public hearings. III._MOTION,VOTE,AND DECISION On November 14,2023,the Board voted to close the public hearing. A motion was made by Frank J, Killilea and seconded by Michael T.Lis to grant the finding requested under Section 195-10.8(B)in the R-1 Zoning District of the Zoning Bylaws. Specifically,Applicant seeks a Finding fiorn Town of North Andover Zoning Bylaws from the requirements of Section 195-7.1 Lot area,Attachment 3,Table 2: Summary of Dimensional Requirements and Section 195-7.1(A) Contiguous buildable area("CBA")for the purpose of overturning the Building Cormissioner's Denial dated May 19,2023 and allowing the construction of a 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 Patenaudc 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 (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 voting members in favor of the finding: None. The voting members against the finding: Alexandria A. Jacobs,Esq.,Michael T. Lis, PETITION 2023-006(Finding) Page 2 of 3 1 Doc: 129 ,512 01--03-2024 11 : 31 Page 2 of 2 Town of North Andover ZONING BOARD OF APPEALS Frank Y.Yillilea,Rona R. Faigen,and Steven R. Seide The non-voting members present; Laura Craig-Cowin and James M.Testa The Chair declared the Board's vote to be 5-0 to DENS'THE FINDING TO OVERTURN THE 13UTLlDING COMMISSIONER'S DENTAL. Aorthver ping Board of Appeals Alexandria A. Jacobs, Lsq., Chair Michael T. Lis, Vice-Chair Frank J. Killilea, Clerk Ronn R, Faigen Steven R. Seide Laura Craig-Comin Jaynes M.Testa Decision 2023-006(Finding) DEC{STMt FOR FMOUr6.Lu 13 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 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 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.T THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. END OF DOCUMENT i } PETITION z01.3-006(Finding) Page 3 of 3 i i