HomeMy WebLinkAboutRecorded Decision - Decision - 38 PUTNAM ROAD 1/12/2024 'j.
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Town of North And
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ZONING BOARD OF APPENLS
Alexandria A.Jacobs,Esq.,Chair Town Clerk u�'ne'9'tainp
Michael T.Lis, Vice-Chair
Frankj.Killilea,Clerk 0 Q!
Ronn R.Faigen
Steven R.Scide
Associate Members lJ 7 01 V7,
Laura Craig-Comin 110 V E R
James M,Testa
This is CCIVY th-It twenty(20)days
Any appeal shall be filed within twenty Notice of Decision have elapsjl ante of decisionWithout 11011 0 �Ppel
g
days after the date of filing of this notice Calendar Year 2023 Rntilll_ I ,V�2e)
C,vla Dawne Warren
in the office of the Town Clerk pursuant Tovin Clork
to Mass. Gen. L. ch. 40A, § 17
APPLICANT: APPLICATION DATE:
Karen Davis November 16,2023
PROPERTY: HEARING DATE:
38 Putnam Road December 12, 2023
North Andover, NIA 01845
Map 021.01, Parcel 0006 PETITION:
2023-015
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed December 12, 2023, has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section in the 195-73 Yards(setbacks) Table 2: Summary of Dimensional
Requirements for one side setback in the R-4 Zoning District for the purpose of replacing the existing
breezeway/garage/storage area structure,with an 83 8 square ft, breezeway/garage structure; specifically,
Applicant has requested a side setback needing a relief variance of 7 ft. 5 in, (side setback proposed is 7
ft. 7 in.,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 November 27, 2023
and December 04, 2023.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday,December 12,2023 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 of Land prepared by Sullivan Engineering Group,LLC dated November 9,2023,
containing one(1)page; and
(2) Existing and Proposed Elevation and Floor Plans dated October 29,202Q,,/ -on taining seven(7)
pages.
The Property is located at 38 Putnam Road in the R-4 Zoning District.The Property is'ii6j)-conforming
due to the side setback,
AFf
_A Tylle Copy
PETITION 2023-015
Page I of 3
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Town of North Andover
ZONING BOARD OF APPEALS
It. FINDINGS/DISC�,SSION/C, NDiTIONS
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
relief of 7 ft, 5 in. side setback proposed
{ p pos is 7 ft, 7 in.,side setback required per Table 2 1s 15 ft) for the
purpose of replacing the existing breezeway/garage/storage area structure with an 838 square ft.
breezeway/garage structure pursuant to the Town;of North Andover Zoning Bylaws Section 195-7.3
Yards(setbacks) in the R-4 Zoning District in accordance with the plans,other materials,and testimony at
the public hearing.
IYI. MOTION,VOTE,AND DECISION
On December 12, 2023, the Board voted to close the public hearing.
A motion was made by Frank J. Killilea and seconded by Ronn R. Faigen to grant the variance requested
under Section 195-7.3 of the Zoning Bylaws to allow the requested variance relief of 7 ft. 5 in. (side
setback proposed is 7 ft. 7 in.,side setback required per Table 2 is 15 ft.)for the purpose of replacing the
existing breezeway/garage/storage area structure with an 838 square ft. breezeway/garage structure in
accordance with the following plans and other materials: j
(1) Plot flan of Land prepared by Sullivan Engineering Group,LLC dated November 9,2023,
containing one (1)page; and
(2) Existing and Proposed Elevation and Floor Plans dated October 29,2023, containing seven(7)
pages.
The voting members in favor of the variance: Alexandria A. Jacobs,Esq., Michael T. Lis,
Frank J. Killilea, Ronn R.Faigen, and Steven R, Seide
The voting members against the variance: None
The non-voting members present: Laura Craig-Colvin and James M. Testa
The Chair declared the Board's vote to be 5-0 to G WSacobs4
CE,
Nort of Appeals
Alexa , Chair
Michael T. Lis, lice-Chair
Frank J. Killilea, Clerk
Ronn R. Faigen
Steven R. Seide
Laura Craig-Comin
James M. Testa
Decision 2023-015
DECISION•?8 Nw m
PETITION 2023-015 Page 2 of 3
Town. of Noah Andover:
ZONING BOARD OF APPEALS
Notes:
I. 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 froze 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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PETITION 2023.015 Page 3 Of 3