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HomeMy WebLinkAboutDECISION for Variance - Time Stamped - Decision - 395 MASSACHUSETTS AVENUE 12/2/2024 F Town of North Andover ZONING BOARD OF APPEALS Alexandria A.Jambs,Esq.,Clair Town Cle�ftwrt Stamp Michael T.Lis,b iee-Cbair Iarank J.KdWea,Clerk of%/oil q Laura Craig-Cornin a James M.Tess �p Associate Member MatthmJ.Ginsburg Zachary ffichey Melissa Rutherford 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: f Santos Osorio and Dianna Osorio October 21,2024 t PROPERTY: HEARING DATE: 395 Massachusetts Avenue November 19, 2024 North Andover,MA 01845 Map 045.A,Parcel 0040 PETITION: 2024-016 l 1. PROCEDURAL HISTORY AND STATEMENT OF FACTS 1 Applicants,by application filled October 21, 2024, have requested a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3 Yards (setbacks) Table 2: Summary of Dimensional Requirements in the R-4 Zoning District for one rear setback. Specifically, applicants have requested a relief variance of 10.32 feet (the rear setback proposed is 19.68 feet and the rear setback required per Table 2 is 30�.0 feet) for the purpose of allowing a 27'xl9' pergola with respect to the Property, f i 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 J Andover and were published in The Eagle-Tribune, a newspaper of general circulation in the Town of North Andover, on November 04,2024 and November 11, 2024. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday,November 19, 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) Plan of Land prepared by Merrimack Engineering Sei vices dated August 12,2024, containing one(1)page, and (2) Architectural Flan Set prepared by CADQ Design Sci vices, LLC,undated, containing three(3)pages(Cover Sheet; A-1; and A-2) t_ PETITION 2024-016 Page t of 3 Town of North Andover ZONING BOARD OF APPEALS The Property is located at 395 Massachusetts Avenue in the R-4 Zoning District. The Property is non-conforming due to the rear setback. 11. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearing. The Board also notes that among the most significant issues that arose at the hearing are the Applicants commenced work without a building permit. The structure was mostly in place prior to coming before the Zoning Board of Appeals, 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 froze 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 allow a rear setback relief of 10.32 feet pursuant to the Town of North Andover Zoning Bylaws Section 195-7.3 Yards (setbacks) Table 2: Summary of Dimensional Requirements in the R-4 Zoning District for one rear setback. Specifically, applicants have requested a relief variance of 10.32 feet(the rear setback proposed is 19.68 feet and the rear setback required per Table 2 is 30.0 feet)for the purpose of allowing a 27'xl9' pergola in the R- 4 Zoning District in accordance with the plans, other materials, and testimony at the public hearing. 111. MOTION,VOTE,AND DECISION On November 19,2024,the Board voted to close the public hearing. A motion was made by Frank J. Killitea and seconded by Michael T. Lis to grant the Variance requested under Section 195-73 Yards (setbacks)Table 2: Summary of Dimensional Requirements in the R-4 Zoning District for one rear setback. Specifically, applicants have requested a relief variance of 10.32 feet(the rear setback proposed is 19.68 feet and the rear setback required per Table 2 is 30�.0 feet) for the purpose of allowing a 27'x 19' pergola in the R- 4 Zoning District in accordance with the following plans and other materials: (1) Plan of Land prepared by Merrimack Engineering Services dated August 12,2024, containing one(1)page; and (2) Architectural Plan Set prepared by CADQ Design Services, LLC,undated, containing three(3)pages (Cover Sheet;A-1; and A-2) The voting members in favor of the Variance: Michael T. Lis,Frank J. X Ullilea, Laura Criag-Comin, and James M. Testa The voting members against the Variance: Alexandria A. Jacobs,Esq. PETITION 2024-016 Page 2©r 3 1 Town of North Andover ZONING BOARD OF APPEALS The non-voting members present: Matthew J. Ginsburg and Melissa Rutherford The Chair declared the Board's vote to be 4-1 to GRANT THE..VARIANCE. NorihXndojZr Zoning Board of Appeals Alexandria A. Jacobs,Esq., Chair Michael T. Lis, Vice-Chair Frank J. Killi:lea, Clerk Laura Craig-Comin James M. Testa Matthew J. Ginbsburg,Esq. Zachary Hachey Melissa Rutherford Decision 2024-01 fi DECISION"far YuHm -395 Wn AW 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 Reeds,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- 1 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 1 substantial use or construction has commenced pursuant to the provisions of Town of North Andover Zoning Bylaws Section 195-10.7. f THE REMAINDER OF THrs PAGE JNTENTJONALLY LEFT BLANK END OF DOCUMENT PETT171ON 2024-016 Page 3 of 3 Jj