HomeMy WebLinkAbout1997-01-24 ZBA Decision DEF SUB . p JOYCE ERADr.HAW
TOWN CLLiiK
i " NORTH ANDOVER
' M�SShCµ Lois�{�y +��
OCT 2 21 AM
TOWN OF NORTH ANDOVER ;
be flled
aPPe�I shall MASSAGHUSETTS
AnY after the
Within 1,201 days
date of filing
Of th`$ Nonce BOARD OF APPEALS E' 1Y
ir► the office of the TOM"
Clerk,
NOTICE OF DECISION
Property: 75 & 30 Settlers Ridge Rd., Lot 5 and 11
r
AME: Tara Leigh Development Corp. DATE: 10/15/97'
DDRESS: 75 & 34 Settlers Ridge PETITION: 027-97
orth Andover, MA 01846 FEARING: 10/14/97
The Board of appeals held a regular meeting on Tuesday evening, October 14, 1997 upon the
application of Tara Leigh Development Corp., (Thomas Zahoruiko), requesting a Variance from the
requirements of Section 4.2, paragraph 1, from the Phase Development Bylaw as a party aggrieved.
Said premises are lots 5 and 11, which is in the R-2 Zoning District.
William Sullivan, Raymond Vivenzio, Robert Ford, John Pallone,
The following members were present;
The hearing was advertised in the Lawrence Tribune on 8/26/97 and 9/2/97, and all abutters were
notified by regular mail.
The party aggrieved section of this petition is as follows: Robert Ford made a motion to sustain the
decision of the Building Commissioner with respect to 4.2 and 8.7 to Tara Leigh Development
Corp. as its 2 provisions currently exist in the by-laws Raymond Vivenzio seconded the motion.
Voting was unanimous, William J. Sullivan, Raymond Vivenzio, Robert Ford, John Pailone.
venzio, and seconded by John Pailone, the Board of Appeals
Upon a motion made by Raymond Vi
unanimously voted to GRANT the petition for a Variance from the terms of section 4.2 of the North
Andover Zoning By-iaw as it applies to the requirement to schedule building permits using the
"anniversary date". As such the petitioner shail be entitled to a development schedule that will be
controlled by section 8.7 of the North Andover Zoning By-law. This variance shall in no way exempt the
petitioner from any other sections of section 8.7 of the North Andover Zoning By-Law. The petitioner is
caused undue hardship by the application of both of the sections of the Zoning By-law 4.2 and 8.7. Such
f the land as the petitioner is required to maintain the
hardship is directly related to the soils and slope o
sloping site with wetlands over a longer period of time than originally planned by the petitioner, The
Board further finds that the petitioners case is unique. This is the first case under which both by-laws are
required to apply. Voting in favor: William J. Sullivan, Raymond Vivenzio, Robert Ford, John Pallone.
Note: The granting of the Variance and/or Special Permit as requested by the applicant does not
necessarily ensure the granting of a Building Permit as the applicant must abide by all applicable
local, state and federal building codes and regulations, prior to the issuance of a building permit
as requested by the Building Commission, BOARD OF T��
0,L�
/decision William J. S Ilivan, Chairman