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Home My WebLink AboutDecision for Variance - Lot 14 - Decision - 0 WINTER STREET 11/27/2023 Doc: 129,516 01-03-2024 12 : 47 Ctf# : 11917 Town of North Andover ZONING BOARD OF APPEALS Alexandria A.Jacobs,Issq.,Cbair "1'ow'n(Icrl 'l'imc Scamp Nfichacl T. Lis,Mire-Choir `+ �� r✓; _ _ [rank J.Killitca,Clerk ''' Rona R.Faigen r Stevcn R.Suide Auodate Members t Laura Craig-Comm James M.Testa An appeal shall be filed within t Notice of Decision This is cx rtify that hiesn�r (2; }gays y a pp wen have elapsed from data o.u:vision days after the date of filing of this notice Calendar Year 2023 without filing of sly app al. in the office of the Town Clerk pursuant Date Carla Daw a ,Teri to Mass. Gen. L. ch.40A,§ 17 Toyoi Clerk APPLICANT: APPLICATION DATE: Ellen Cashman c/o Johnson& Borenstein,LLC June 06,2023 PROPERTY: HEARING DATES: 0 Winter Street aka Lot 14 September 12,2023,October 10,2023, North Andover,MA 01845 and November 14, 2023 Map 104.C, Parcel 0149 PETITION: C C,K t 611:: ri';-t L t.. 1 i17 2023-007(Variance) I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed.tune 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 43,273 sf(i.e. 50%)(the lot area proposed is 43,847 sf(i.e. 501/6)and the lot area required per Table 2 is 87,120 sf(i.e. 100%)). (2) The Applicant is requesting 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 CBA needing a relief variance of 56,019 sf(i.e.64%)(the CBA proposed is 9,321 sf(i.e. 11%)and the CBA required is 65,340 sf(75%)). (3) The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.2 Street frontage,Attachment 3,Table 2: Summary of Dimensional Requirements in the R-1 Zoning District; specifically,Applicant has requested street frontage needing a relief variance of 25 ft(i.e. 14%)(the street frontage proposed is 150 ft. (i.e. 86%)and the street frontage required is 175 ft(i.e. 100%)). The Application requires a hearing before the North Andover Zoning Board of Appeals ("Board"),and J due notice of the hearing was given by mailing and publication. Legal notices were sent to all certified o iA abutters provided by the Assessor's Office of the Town of North Andover and were published r. .Tke ,. Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on Augur;28,2023 � a and September 04, 2023. The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday, September 12,2023 at 7:30 p.m.,North Andover Senior Center,481 Sutton Street,North PETITION 2023-007(Variance) M. PAUL Wqqq9ILLO, REGISTER r ESSEX NORTH REGISTRY OF DEEDS E-RECORDED Doc: 129 ,516 01-03-2024 12 : 47 Page 2 of 3 Town of Noah Andover ZONING BOARD OF APPEALS 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. with respect to the Property, which is located in the R-I Zoning District. 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 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-1 I0; 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 14 in the R-1 Zoning District.The Property is non- conforming due to insufficient lot area; contiguous buildable area; and street frontage. II. FINDMGS/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 Applicant 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 Applicant did not satisfy the required circumstances pursuant to the petition filed,and that the Applicant did not satisfy the provisions under Section 195-7.1 Lot area,Attachment 3 Table 2: Summary of Dimensional Requirements; Section 195-7.1(A) Contiguous buildable area;and Section 195-7.2 Street frontage in the R-1 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 Applicant 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. 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 Ronn F. Faigen to grant the variances requested under Section 195-7.1 Lot area,Attachment 3 Table 2:Summary of Dimensional Requirements; Section 195-7.1(A)Contiguous buildable area;and Section 195-7.2 Street frontage of the Zoning Bylaws to construct a 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; PETITION 2023-007(Variance) Page 2 of 3 Doc: 129 ,516 01-03-2024 12 : 47 Page 3 of 3 Town of North Andover ZONING BOARD OF APPEALS (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 (5) Joint Submittal of Odelle F. Cashman Trust,Owner of Lot 104C-I 10; 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(31)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 VARIAN No An over Z�ob";, g Board of Appeals Alexandra A. J Esq., Chair Michael T. Lis, Vice-Chair Frank J. Killilea, Clerk Ronn R. Faigen Steven R. Seide Laura Craig-Comin James M. Testa Decision 2023-007(Variance) DEC ISION FOR V VJANCE.La 14 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 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- 10.7. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. END OF DOCUMENT PETITION 2023-007(Variance) Pa0oe 3 of 3