HomeMy WebLinkAboutDecision - Time Stamped - 82 Liberty St - 2024.10.17 - Decision - 82 LIBERTY STREET 10/17/2024 i
Town of North Andover X w
ZONING BOARD OF APPEALS
Alexandria,A.Jacobs,L'*sq,,Cbaah- ' Town Clerk�nige.�tamP
Michael T.Lis.,Vice-Ota h-
Frank.l,Killilea,C'letk
Laura Craig-Comin b
James N1.Testa
.Fl„rsaciaxre Alembei- q
allattbewj.Ginsburg a :p
„=u
b u,:
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
APPLICANT: APPLICATION DATE:
Dirk Landgraf on behalf of Oona Johnstone 1 August 26,2024
PROPERTY: HEARING DATE:
82 Liberty Street October 08,2024
North Andover,MA 01845
Map 090.13,Parcel 0054 PETITION:
2024-013
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed August 26, 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 side setback in the R-1 Zoning District for the purpose of constructing a garage
onto the existing house,. Specifically, Applicant has requested a side setback needing a relief variance of
11.7 feet (the side setback proposed is 18.3 feet and the side 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
Eagle-Tribune,a newspaper of general circulation in the Town of North Andover, on September 23,2024
and September 30,2024. 1
f
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on 1
Tuesday,October 08,2024 at 7:30 p.m. with respect to the Property,which is located in the R-1 Zoning 1
District.
J
The following plans and exhibits were submitted with the Application or at the public hearing:
i
(1) Proposed Plot Plan prepared by Stamski and McNary,Inc. dated February 06,2024; Revised
October 09, 2024, containing one (1)page; and
(2) Floor and Elevation Plans prepared by Acorn Deck House Company dated August 07,2023,
containing five (5)pages.
The Property is located at 82 Liberty Street in the R-1 Zoning District,
I
PETITION 2024-013 Page 1 of
Town of North Andover
ZONING BOARD OF APPEALS
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,of'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 variance in
order to construct a garage onto the existing house pursuant to the Town of North Andover Zoning
Bylaws Section 195-73 Yards (setbacks) Table 2: Summary of Dimensional Requirements for one side
setback in the R-1 Zoning District. Specifically, Applicant has requested a side setback needing a relief
variance of 11.7 feet (the side setback proposed is 18.3 feet and the side 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
tinder Section 195-7.3 Yards (setbacks)Table 2: Summary of Dimensional Requirements of the Zoning
Bylaws for one side setback to allow the construction of a garage onto the existing house, Specifically,
Applicant has requested a side setback needing a relief variance of 11.7 feet(the side setback proposed is
18.3 feet and the side setback required per Table 2 is 30.0 feet)in accordance with the following plans
and other materials:
(1) Proposed Plot Plan prepared by Starnski and McNary,Inc. dated February 06,2024;Revised
October 09, 2024,containing one(1)page; and
(2) Floor and Elevation Plans prepared by Acorn Deck House Company dated August 0'7, 2023,
containing five(5)pages.
and the following condition:
(1) The Board requests the Proposed Plot Plan prepared by Stamski and McNary,Inc., dated
February 06,2024,be updated. The Plan incorrectly states"Middlesex County" which needs to
be changed to"Essex County" in order for the Decision herewith to be filed with the Town
Clerk's Office.
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 REMAINDER OF THIS PACE INTENTIONALLY LEFT BLANK
PETITION 2024-013 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.
North Andover Zoning and of Appeals
Alexandria A. Jacobs, Esq., Chair
Michael T. Lis, Vice-Chair
Frank J. Killilea, Clerk
Laura Craig-Cumin
James M.Testa
Matthew J. Ginbsburg,Esq.
Decision 2024-013
DECISTON-82 Libdy Stw4
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, ell. 40A, § 10, and(b)the
rights authorized by a decision granting a special permit shalt 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-
1U.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
END OF DOCUMENT
PETITION 2024-013 Page 3 of 3