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Home My WebLink AboutDecision for Variance - Lot 15 - Decision - 0 WINTER STREET 11/27/2023 Doc: 129 ,518 01-03-2024 12 : 58 Ctf# : 16695 Town of North Andover ZONING BOARD OF APPEALS Alexandria A Jacobs,Ezsq.,Chair - Nfichatl'1'.Lis, C'ice-Chat, lown C.Icrk June Stomp Drank J_KiUca,Clerk - �> Ronn R_F4cn Stevcn R.Scide A�Soddfl Member, Laura Craig-Comm jamcs M.Testa --- Any appeal shall be filed within twenty Notice of Decision This is certify tr,at twtinty(20)days days after the date of film of this notice have efiling�tum crate of decision g Calendar Year 2023 vaitttout filing of pgpe in the office of the Town Clerk pursuant Date a��-�a �%al-� to Mass. Gen. L. ch. 40A, § 17 Carla UaOne Warren Tov,n Clerk F T: APPLICATION DATE: an c/o Johnson&Borenstein, LLC .tune 06,2023 : HEARING DATES: et aka Lot 15September 12,2023,October 10,2023,and er, MA 01845 November 14, 2023 Map 104.C, Parcel 0150 PETITION: r t �:� } 2023-008 (Variance) . i 1,`j?..,. 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 is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- T 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 22,592 sf(i.e.26%)(the lot area proposed is 64,528 sf(i.e. 74%)and the loft 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.i(A)Contiguous buildable area ("CBA") in the R-1 Zoning District; specifically, Applicant has requested CBA needing a relief variance of 24,452 sf(i.e.28%)(the CBA proposed is 40,888 sf(i.e. 47%)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. I00%)). The Application requires a hearing before the North Andover Zoning Board of Appeals("Board"),and v due notice of the hearing was given by mailing and publication. Legal notices were sent to all nertified G' abutters provided by the Assessor's Office of the Town of North Andover and were published in The 40 Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on August 28;2023 C a and September 4,2023. The Board held public hearings at North Andover Town Hall, 120 Main Street, North Andover, MA�,n Tuesday, September 12, 2023 at 7:30 p.m.,North Andover Senior Center, 481 Sutton Street Nprf PETITFON 2023.008(variance) 'M. PA p��I�ANNUCCILLO, REGISTER ESSEX N�5 HD fRdEGISTRY OF DEEDS E-RECORDED Doc: 129 ,518 01-03-2024 12 : 58 Page 2 of 4 Town. of North Andover ZONING BOARD OF APPEALS Andover MA on Tuesday,October 10, 2023 at 7:30 p.m,, and 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(l) 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-1 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 I)tabbed exhibits. The Property is located at 0"Winter Street aka Lot 15 in the R-1 Zoning District. The Property is non- conforming due to insufficient lot area, contiguous buildable area, and street frontage. U. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. 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 variances in order to construct a single-family home and associated improvements on the Property pursuant to the Town of North Andover Zoning Bylaws Section 195-7.1 Lot area,Attachment 3 Table 2: Summary of Dimensional Requirements; Section 195- 7.1(A)CBA; and Section 195-7.2 Street frontage 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 variances requested under Section 195-7.1 Lot area,Attachment 3 Table 2:Summary of Dimensional Requirements; Section 195-7.1(A)CBA; and Section 195-7.2 Street frontage of the Zoning Bylaws in order to al low the construction of new single-family home and associated improvements on the Property in accordance with the following plans and other materials submitted with the Application or at the public hearings: PETITION 2023-008(variance) Page 2 of 4 Doc: 129 ,518 01-03-2024 12 : 58 Page 3 of 4 Town of North Andover ZONING BOARD OF A pEA.LS (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 I04C-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(31)tabbed exhibits. The voting members in favor of the variances: Michael T. Lis, Frank J. Killilea, Ronn R. Faigen, and Steven R. Seide The voting member against the variances: Alexandria A. Jacobs, Esq. The non-voting members present: Laura Craig-Comin and James M. Testa The Chair declared the Board's vote to be 4-1 to GRANT THE VARIANCES. 1 1 4Fsq., U ver Zonif Appeals Alexandria A. Jacobair Michael T. Lis, Vice-Chair Frank J. Killilea, Clerk Ronn R. Faigen Steven R. Seide Laura Craig-Comin James M. Testa Decision 2023-008(Variance) DECISION FOR VARIANCE-Ld 13 Notes: l. 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. Oren. 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 PErTITION2023-008(Variance) Page 3 of 4 Doc: 129 ,518 01-03-2024 12 : 58 Page 4 of 4 Town of North Andover ZONING BOARD OF AppEAj S 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 2023-009(Variance} Page 4 of 4