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Home My WebLink AboutDECISION - 157 Greene Street - Time Stamped - Decision - 157 GREENE STREET 10/21/2024 k -t r ii V Town of North Andover ZONING BOARD OF APPEALS 0 Alexandria A.Jacobs,F:sq.,Cbah- Clerk Time 5t:arnp Michael r.Lis, Vire-Chair M LI 1 t IaankJ Killilea,Clerk Laura t Craig-Con7in JamesM. 1Cesta ,I rsa iate Member Y: u MatRhew J.Ginsburg Any appeal shall be filed within twenty Notice of Decision days after the date of filing of this notice Calendar Year 2024 in the office of the Town Clerk pursuant to Mass. Gen. L. ch. 40A, § 17 1 APPLICANT: APPLICATION DATE: Abigail Anderson September 05,2024 1 PROPERTY: HEARING DATE: 1 157 Greene Street October 08, 2024 North.Andover, MA 01845 Map 33,Parcel 10 PETITION: 2024-01.4 I.. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed September 05, 2024, has requested a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks) Table 2: Summary of Dimensional Requirements for one front setback in the R4 Zoning District for the purpose of constructing a new covered front entry on the existing house. Specifically, Applicant has requested a front setback needing a relief variance of 9.7 feet(the front setback proposed is 20.3 feet and the front setback required per Table 2 is 30.0 feet)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 angle-Tribune,a newspaper of general circulation in the Town..of North Andover, on September 23,2024 and September 30,2024, The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday,October 08, 2024 at 7:30 p.m, 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) Plot Plan of Land prepared by Sullivan Engineering Group,LLC dated.August 27,2024 containing one(1)page;and (2) Architectural Elevation and Floor Plans prepared for Anderson Residence dated,Tune 08,2024, containing four(4)pages.. The Property is located at 157 Greene Street,North Andover, MA 01845 in the R-4 Zoning District. The Property is non-conforming due to its front setback. PETITION 2024-014 Page 1 of Town of North Andover ZONING BOARD OF APPEALS 11. FINDINGS/DISCUSSION/CONDITIO S 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 inay 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 new covered front entry on the existing house pursuant to the Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks) Table 2: Summary of Dimensional Requirements for one front setback in the R-4 Zoning District. Specifically,Applicant has requested a front setback needing a relief variance of 9.7 feet (the front setback proposed is 20.3 feet and the front setback required per Table 2 is 30.0, feet) with respect to the Property in accordance with the plans, other materials, and testimony at the public hearing. 111. MOTION, VOTE,,AND DECISION On October 08,2024,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 Variance requested under Section 195-7.3 Yards (setbacks)Table 2: Sunnnary of Dimensional Requirements of the Zoning Bylaws to allow the requested relief variance of 93 feet(the front setback proposed is 20.3 feet and the front setback required per Table 2 is 30.0 feet)for the purpose of constructing a new covered front entry on the existing house in accordance with the following plans and other materials: (1) Plot Plan of Land prepared by Sullivan Engineering Group,LLC dated August 27,2024 containing one (1)page;and (2) Elevation and Floor Plans prepared for Anderson Residence dated June 08, 2024,containing four (4)pages. The voting members in favor of the Variance: Alexandria A. Jacobs,Esq.,Michael T. Lis, Frank J. Killilea,James M.Testa,and Matthew J. Ginsburg,Esq. The voting members against the Variance: None. The non-voting members present: None. The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE. 'K ' '4- G46*�� North Andover Zoning and of Appeals Alexandria A. Jacobs,Esq., Cliair Michael T. Lis, Vice-Chair Frank J. Killilea, Clerk Laura Craig-Cumin PETITION 2024-014 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS James M,Testa Matthew J. Ginbsburg,Esq, Decision 2024-014 DM4-Tmphl 20190.12019W 14(pkldcm) Notes: 1. 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 fi-orn 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. THE,REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2024-014 Paige of