HomeMy WebLinkAboutDecision for Variance - 94 Lyman Road - 2024.02.26 - Decision - 94 LYMAN ROAD 2/26/2024 Town of North Andover
ZONING BOARD OF APPEALS V� �
Alexandria.A.Jacobs Esq.,Chair 'Iomli Clerk Ttrnestamp
Michacl T Lis,Vice Chair �U; 0
Frank J.Killilea,Clerk 'U
Ronn R.Fasgen 1
Steven.R.Seide
Associate Members
Laura Craig-Conxin
James M.Tcsta ,
Matthew J.Ginsburg
Any appeal shall be filed within twenty Notice of Decision 3
days after the date of filing of this notice Calendar Year 2024 I
in the office of the Town Clerk pursuant
to Mass. Gen. L. ch.40A, § 17 t
APPLICANT: APPLICATION DATE:
Colleene Kiley December 12,2023
PROPERTY: HEARING DATE:
1
94 Lyman Road February 13,2024
North Andover,MA 01845
Map 020.0,Parcel 0061 PETITION:
2024-016
J
i
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
I
Applicant,by application filed December 12, 2023,has requested a Variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-7.3.0 Fords(setbacks),Table 2: Summary of Dimensional
Requirements in the R-4 Zoning District. Specifically, Applicant has requested a rear setback needing a f
relief variance of 18.6 ft. (rear setback proposed is 11.4 ft.,rear setback required per Table 2 is 30 ft.) for
the purpose of constructing an approximate 3 ft.by 8 ft. addition onto the existing house as part of a
kitchen renovation 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 j
Eagle-h-ibuiie, a newspaper of general circulation in the Town of North Andover, on.January 15,2024 i
and January 22,2024,
The Board held a public hearing remotely,via Google Meet, on Tuesday,February 13, 2024 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) Certified Plot Plan prepared by John Abagis &Associates,Professional Land Surveyors dated
August 30,2023,containing one(1)page;
(2) Certified Plot Plan showing proposed kitchen addition prepared by John Abagis &Associates,
Professional Land Surveyors dated August 25,2023, containing one(1)page;
(3) Proposed Elevation&Floor Plans prepared by Blackdog Builders dated November 28, 2023,
containing one(1)page;and
(4) Proposed Renderings prepared by Blackdog Builders dated December 8,2023, containing three
(3)pages(Sheets 1-3).
PETITION2023-016 Page 1 of
Town of North Andover
ZONING BOARD OF APPEALS
The Property is located at 94 Lyman Road in the R-4 Zoning District. The Property is non-conforming
due to rear setbacks.
11. FINDINGS/DISCUSSION/CONDITIONS
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 relief
variance of 18.6 ft. (rear setback proposed is 11.4 ft.,rear setback required per Table 2 is 30 ft,) for the
purpose of constructing an approximate 3 ft. by 8 ft. addition onto the existing house as part of a kitchen
renovation pursuant to the Town of North Andover Zoning Bylaws Section 195-7.3.0 Yards(setbacks)
Table 2: Summary of Dimensional Requirements in the R-4 Zoning District in accordance with the plans,
other materials, and testimony at the public hearing.
Ill, MOTION,VOTE, AND DECISION
Oil February 13,2024, 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 Variance requested
under Section 195-7.3,C Yards (setbacks), Table 2: Summary of Dimensional Requirements of the Zoning
Bylaws to allow the requested relief variance of 18.6 ft. (rear setback proposed is 11.4 ft.,rear setback
required per Table 2 is 30 ft.) for the purpose of constructing an approximate 3 ft. by 8 ft. addition onto
the existing house as part of a kitchen renovation in accordance with the following plans and other
materials:
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Certified Plot Plan prepared by John Abagis &Associates, Professional Land Surveyors dated
August 30,2023, containing one(1)page;
(2) Certified Plot Plan showing proposed kitchen addition prepared by John Abagis &Associates,
Professional Land Surveyors dated August 25, 2023, containing one (1)page;
(3) Proposed Elevation &Floor Plans prepared by Blackdog Builders dated November 28,2023,
containing one(1)page; and
(4) Proposed Renderings prepared by Blackdog Builders dated December 8, 2023, containing three
(3)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-Comin, James M. Testa, and
Matthew J. Ginsburg,Esq.
PETITION 2023-016 Page 2 of 3
f
Town of North Andover
ZONING BOARD OF APPEALS
The Chair declared the Board's vote to be 5-0 to GRANT T VARIANCE.
GRANT
V
or
0 in er Zoning Board of Appeals
e It
Alexandri A.Jacobs, Esq., Chair
Michael T.Lis, Vice-Chair
Frank J.Killilea, Clerk
Ronn R.Faigen
Steven R. Scide
Laura Craig-Cowin
James M. Testa
Matthew J. Ginsburg,Esq.
Decision 2023-016
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. 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 7,oning Bylaws Section
195-10.7.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
END OF DOCUMENT
PETITION 2023-016 Page 3 of 3