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Home My WebLink About1101 Turnpike Street Recorded decision - - 1101 TURNPIKE STREET 11/13/2024 Town of North Andover ZONING BOARD OF APPEALS lJ_. f Alexandria A.Jacobs,Esq.,Cbair mT, Towrq C�eik Time Stamp Mchael'T.Us,Wire-ChairCD Frank J.Krllabea,Clerk, " ../ :aura Craig-Comm P �— James M.Testa Associate merrrber Matthew J.Ginsburg This is cer'(4 that MQr Iiy(20)clays Any appeal shall be filed within twenty Notice of Decision have t lap t;,l 4cn+date of deGisRon days after the date of filing of this notice Calendar Year 2024 Without fifirrg of:'n P at. Dat(. aw °' in the office of the Town Clerk pursuant Carl a ne Wa en to Mass. Wren. L. ch. 40A, § 17 Town Clerk APPLICANT: APPLICATION DATE: i Michael Mullaney(McKenzie Engineering Co., September 09, 2024 Inca as agent for Metrowest Realty LLC PROPERTY: HEARING DATE: 1101 Turnpike Street October 08,2024 North Andover,MA 01845 Map 107.C,Parcel 0016 PETITION: 2024-01.5 I. PROCEDURAL HISTORY AND STATEMENT OF PACTS Applicant, by application filed September 09, 2024, has requested a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3 Yards (setbacks) Attachment 33, Table 2: Summary of Dimensional Requirements for one rear setback and in the 1-1 Zoning District for the purpose of constructing a pole barn for weather protection for electric service bucket trucks. Specifically, Applicant. has requested a rear setback needing a relief variance of.58.9 feet (the rear setback proposed is 41.1 feet and the rear setback required per Table 2 is 100 feet). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195 Attachment 3, Table 2: Summary of Dimensional Requirements [Amended 6-18-2019 STM by Art. 1; 6- 17-2021 ATM by Art. 27],footnote 3 "...The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped,un-built upon,unpaved and not parked upon" in the 1-1 Zoning District for the purpose of constructing a pole barn for weather protection for electric service bucket trucks. Specifically, Applicant has requested a relief variance of the effective visual buffer per Table 2, footnote 3 waiving the requirement for the first 50 feet to remain open and green, be suitably landscaped,un-built upon,unpaved and not parked upon. 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. 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 1-1 Zoning District. k 9"I t. l The following plans and exhibits were submitted with the Application or at the public 1teritiK wJ, ?iw i " . d 'i°omw (aerie PETITION 2024-015 page I of Towti of North Andover ZONING BOARD OF APPEALS (1) Certified.Plot.Plau.prepared by Coneco Engineers&,Scientists dated August 07,2024,containing one(1),page; (2) Proposed Pole Barre Conceptual Visuals prepared by McKenzie Engineering Company,Inc. dated September 19,2024, containing four(4) pages(G1-1, Cl-2, G2-1, G2-2);aurd (3)Layout and Elevation Schematics prepared by McKenzie Engineering Company file, dated July 03,2018,containing three (3)pages(A2-1,A2-2,A2-3), J Tire Property is located at 1101 Turtrpike Street,North Andover, MA 01.845 in the 1-1 Zoning.District. 1 11. FIND]NGSIDISCUSSION/Ct NDITIONS The Board has made careful study of the materials submitted and the information presented at the hearing. 'Tile Board finds that owhig 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 imr 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 detrinictut to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaws. Therefore, (lie Board finds drat Applicant has satisfied the provisions to allow the requested Variance for the purpose of constructing a pole barn for weather protection for electric service bucket trucks.. Specifically,Applicant has requested a rear setback needing a relief variance of 58.9 feet(the rear setback proposed is 41.1 feet and the rear setback required per Table 2 is 100 feet) pursuant to the Town of North Andover Zoning Bylaws ,Section 195-7.3 Yards(setbacks) Attachment 3,Table 2: Sunr nary of Dimetrsiomtal Requirements for one rear setback,and Section 195 Attachment 3,Table 2: Sunurrary of Dimensional Requirements[Amended 6-18-2019 STM by Art. 1; 6-17-2021 ATM by,Art, 27],footnote 3 "...The first 50 feet of such setback abutting ti►e residential district shall remain open and green,be suitably landscaped,un-built upon,utipaved and not parked upon", Specifically,Applicant has requested a relief variance of Clio effective visual buffer per Table 2, footnote 3 waiving the requirement for the first 50 feet to remain opera and green, be suitably landscaped, un-built upon,unpaved acid not parked upon ill accordance with tl►e plans,other materials,and testimony at the public hearing. IIL MOTION,VOTE,AND DECISION {art October 08, 2024, the Board voted to close the public bearing. A nnotiott was made by Prank J.Killilea and seconded by Matthew J. Ginsburg,Esq. to grant tlue Variance requested rutder Section 1.95-7.3 Yards (setbacks) Attachment 3, Table 2: Suninrary of Dimensional Requirements for otrc rear setback and in the I-1 Zoning District for the purpose of constructing a pole barn for weather protection for electric service bucket trucks. Specifically, Applicant has requested a rear setback needing a relief variance of 58.9 feet (the rear setback proposed is 41,1 feet and the rear, setback required per Table 2 is 100 feet) and Section 195 Attachment 3,, Table 2: Satnunary of Diniensiortal Requirements [Amended 6-18-2019 STM by Art. 1; 6-17-2021 ATM by Art. 27], footnote 3 ",,,The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, un-built upon, unpaved acid not parked upon" in the 1-1 Zoning District for (lie purpose of constructing a pole barn for weather protection for electric service 'bucket trucks, Specifically, Applicant has requested a relief variance of tote effective visual buffer per "fable 2, footnote 3 waiviutg the requirement for the first 50 feet to remain open and green, be suitably landscaped, utt-built upout, rulupaved and not parked upon in accordance with hire following plans and other materials: PETITION 2024-01 S Pnge 2 of 3 Town of North Andover ZONING BOARD OF .APPEALS (1) Certified Plot Plan prepared by Coacco Engineers &Scientists dated August 07,2024,containing one(1)page; (2) Proposed Pole Barn Conceptual Visuals prepared by McKenzie Enghicering Company,Inc. dated September 19,2024,containing four(4)pages(01-1, G1-2,02-1, G2-2); and (3)Layout and Elevation Schematics prepared by McKenzie Engineering Company Inc. dated July 03,2018,containing three(3)pages(A2-1.,A2-2,A2-3). and the following condition;. (1) The Board requests the Proposed Plot Plan prepared by Coneco Engineers &Scientists,dated August 07, 2024,be updated. The Plan incorrectly states"Andover"which needs to be changed to "North Andover"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: Norte. The non-voting members present: Nolte. The Chair declared the Board's vote to be 5-0 to C RANI'I'llE VARIANCE, Nortli n'do r Zoning Board of Appeals Alexandria A. Jacobs,Esq.,Chair Michael T, Lis, Vice-Clip h- Frank J.Killilea, Clerk Laura Craig-Comin James M. Testa Matthew J. Gnbsburg,Esq. Decision 2024-015 i7L"CC IM.1101 Tn p!W 9wo Notes: 1. A decision granting a variance or a special permit shall not be in effect until a certified copy of the decision is regarded at the Essex County Registry of Deeds,Northern District at Applicant's expense. Further provided that if the Property is registered land, theft 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 arc not exercise(] within one(1)year of the date of the grant then such rights shall lapse and may be rc-established after notice and a new hearing pursuant to the provisions of Mass. Getz. L, cln, 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 front the date of the grant unless substantial use or constrtiction has commenced latn°suant to the provisions of Town of North Andover Zoning Bylaws Section 195- 10.7, .__ "I'fI1?It1iMIr11NDElt.OF THIS I''rwGF:INTENTIONALLY LEFTBLANK END OF DOCUMENT PETITION 2024.015 11ase 3 of 3