HomeMy WebLinkAboutRecorded Decision - 43 Monteiro Way - 09.26.2024 - - 9/26/2024 5 F",q.""
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Town of North AA r ..,doVe '-
ZONING BOARD OF APPEALS
sJ
Alexandria A,Jacobs,Esq.,Chair Town CI "P,;
Clerk S
Michael T.Lis,Vire-Chair
rrank,J.KNea,Clerk
Ronn R.Faigen
Steven R.Scide
Amodate Memhers ,If
Laura Craig-comin
James M.Testa
Matthcv,,J.Ginsburg
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2024ThIs Is coffify that twenty.(20)days
have elapsed from date of decision
in the office of the Town Clerk pursuant without filing of an g al.
to Mass, Gen. L. ch. 40A, § 17 Date
Carla Ddythe Warfen
Town Clerk
APPLICANT: APPLICATION DATE:
Ryan Schruender and Mary Schruender May 16, 2024
PROPERTY: HEARING DATE:
43 Monteiro Way June 11, 2024
North Andover, MA 01845
Map 160, Parcel 150 PETITION:
2024-008
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicants, by application filed May 16, 2024, have requested a Variance pursuant to Town of
North Andover Zoning Bylaws, Section 195-7.1(A) Contiguous Buildable Area ("CBA") in the
R-3 Zoning District; specifically, Applicants have requested CBA needing a relief variance of
5,246 square feet (i.e., a relief of 28% is required) (the CBA proposed is 13,486 square feet and
the CBA required is 18,500 square feet on 25,000 square feet building lot) for the purpose of
constructing a single family dwelling on the vacant land 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 May 27, 2024 and June 03, 2024.
The Board held a public hearing at North Andover Town Hall, 120 Main Street, NoAAhdov6r,,
MA on Tuesday, June 11, 2024 at 7:30 p.m. with respect to the Property, which in,' 46catf,-01 in thb-,-,
R-3 Zoning District.
The following plans and exhibits were submitted with the Application or at the pubic hearin
(1) Plan of Land prepared by PFS Land Surveying, Inc. dated May 15, 2024,'containing one '
(1) page; and
PETITION 2024-008 Page I of 3
Town of North Andover
ZONING BOARD OF .APPEALS
(2) Proposed Elevation and Floor Plans prepared by Joanna Reck dated April 23, 2024,
containing five (5) pages (A2-A4; A7-A8).
The Property is located at 43 Monteiro Way in the R--3 Zoning District,
II. 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 off'
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 in order to construct a single-family dwelling on the vacant land pursuant to the Town
of North Andover Zoning Bylaws Section 195-7.1(A) CBA needing a relief variance of 5,246
square feet (i.e., a relief of 28% is required) (the CBA proposed is 13,486 square feet and the
CBA required is 18,500 square feet on 25,000 square feet building lot) in the R-3 Zoning District
in accordance with the plan, other material, and testimony at the public hearing.
III. MOTION VOTE AND DECISION
On June 11, 2024, the Board voted to close the public hearing.
A motion was made by Michael T. Lis and seconded by Ronn R. Faigen to grant the Variance
requested under Section 195-7.1(A), CBA, of the Zoning Bylaws to allow the relief variance of
5,246 square feet(i.e., a relief of 28% is required) (the CBA proposed is 13,486 square feet and
the CBA required is 18,500 square feet on 25,000 square feet building lot) for the purpose of
constructing a single-family dwelling on the vacant land in accordance with the following plans
and other materials:
(1) Plan of Land prepared by PFS Land Surveying, Inc, dated May 15, 2024, containing one
(1) page; and
(2) Proposed Elevation and Floor Plans prepared by Joanna Reek dated April 23, 2024,
containing five (5) pages (A2-A4; A7-A8).
The voting members in favor of the Variance; Alexandria A. Jacobs, Esq., Michael T, Lis,
Ronn R. Faigen, Steven R. Seide, and
Laura Craig-Cumin
The voting members against the Variance: None
The non-voting members present: James M. Testa and Matthew J. Ginsburg
PETITION 2024-008 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
r4ort'"ndover ioninjXfoard of Appeals
Alexandria A. Jacobs,Esq., Chair
Michael T. Lis, Vice-Chair
Frafflc J. Killilea, Clerk
Ronn R. Faigen
Steven R. Seide
Laura Craig-Comin
James M. Testa
Matthew J. Ginsburg, Esq.
Decision 2024-008
DECISION-43 Monteiro way
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 Zoning Bylaws Section 195-10.7.
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END OF DOCUMENT
PETITION 2024-008
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