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Home My WebLink AboutDecision for Finding - Lot 15 - Decision - 0 WINTER STREET 11/27/2023 Doc: 129,517 01-03-2024 12 : 58 Ctf# : 16695 Town of North Andover ZONING BOARD OF APPEALS Alcsandria A.Jacobs,Esq.,Chair • • Town Cie I Timc Srsmp Michael T.Lis, Vice-Chair u Frank J,I{illiiea,Clerk L '' Ronn R.Faigen j Steven R.Seide Associate Members Laura Craig-Comin James M.Testa This is cer''JfY that twenty(20)days Any appeal shall be tiled within twenty Notice of Decision have eiapswd from date of decision days after the date of filing of this notice Calendar Year 2023 without Wingof an eat. 123 [tote in the office of the Town Clerk pursuant Carta Da a rren to Mass. Gen. L. ch. 40A, § 17 Town Clerk APPLICANT: APPLICATION DATE: Ellen Cashman c/o Johnson&Borenstein, LLC August 14, 2023 PROPERTY; HEARING DATES: 0 Winter Street aka Lot 15 September 12,2023, October 10,2023,and North Andover, MA 01845 November 14, 2023 Map 104.C,Parcel 0150 PETITION: 2023-008 (Finding) I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed August 14,2023 has requested a Finding 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; Section 195-7.1(A) Contiguous buildable area("CBA"); and Section 195-7,2 Street frontage,Attachment 3, Table 2: Summary of Dimensional Requirements for the purpose of overturning the Building Commissioner's denial dated August 2,2023 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. Leg abutters provided by the Assessor's Office of zn al notices were sent to all certified the Town of North Andover and were published in The Earle-Tribune, a newspaper of general circulation in the Town of North Andover, on August 28,2023 and September 04, 2023. The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover,SVGA on Tuesday, September 12,2023 at 7:30 p.m..,North Andover Senior Center,481 Sutton Street, t�forth Andover MA on Tuesday,October 10, 2023 at 7:30 p.m., and at North Andover Town Hall 120 114viain t�= Street,North Andover,MA on Tuesday,November 14,2023 at 7:30 p.m. with respect to the Frope_rty, F which is located in the R-1 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 op_e 0) page; (2) Elevation and FIoor Plans prepared by Tom Patenaude Homes, Inc. dated May 27, 2010, containing four(4)pages(sheets 1�-4); PETITION 2023-008(Finding) M. PAUL JXJUC,G orZLLO, REGISTER awe ESSEX NOO REGISTRY OF DEEDS E-RECORDED Doc: 129 ,517 01-03-2024 12 : 58 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS (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 (3 1) tabbed exhibits. The Property is located at 0 Winter Street aka Lot 15 in the R-1 Zoning District, II. 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 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; Section 195-7.1(A) Contiguous buildable area("CBA"); and Section 195-7.2 Street frontage,Attachment 3,Table 2: Summary of Dimensional Requirements for the purpose of overturning the Building Commissioner's denial dated August 2,2023 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. M. 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 Steven R. Seide 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 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');and Section 195-7.2 Street frontage,Attachment 3, Table 2: Summary of Dimensional Requirements for the purpose of overturning the Building Commissioner's denial dated August 2,2023 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 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 ofOdelle 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- PETITION 2023-008(Finding) Page 2 of 3 Doc: 129 ,517 01-03-2024 12 : 58 Page 3 of 3 Town of North Andover ZONING BOARD OF AppEALS 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, The non-voting members present: Frank J. Kil lilea, Ronn R. Faigen,and Steven R. Seide Laura Craig-Comin and James M. Testa The Chair declared the Board's vote to be 5-0 to DENY THE FINDING TO OVERTURN THE BUILDING COMWSSIONERIS DENIAL. North Andover Z gg Board of AP peals Alexandria A. Jacobs, Esq., Chair Michael T, Lis, Vice-Chair Frank J. Mlilea, Clerk Rorm R. Faigen Steven R. Seide Laura Craig-Cornin James M. Testa Decision 2023-008(Finding) I)VC I SION FOR FINDING-L.,IS Notes: 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. notice and a new hearing Pursuant to the provisions of Mass. Gen. L. ch.40A,-established after one(I)year of the date of the grant then such rights shall lapse and may be re 3. Generally, (a) if the rights authorized by a decision granting a variance are not exercised within rights authorized by a decision granting a special permit shall be deemed to have§ 10, and(b)the from the date of the grant unless substantial use or construction has two(2)year period f ve lapsed after a commenced Pursuant to the provisions of Town of North Andover Zoning Bylaws Section 195- 10,T THE URE:MA:1NND:EP OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETiTION 2023-006(Finding) Page of