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Home My WebLink AboutDECISION - time stamped - 1101 Turnpike - - 1101 TURNPIKE STREET 10/21/2024 Town of North Andover ZONING BOARD OF APPEALS Alexandria A.Jacobs,Esq.,Chair Town Clerkritnp; toylp Michael T.Lis,Vire-Chair Frank J.Kiffilea,Cleik is A Laura Craig-Cornin James M.Testa X A ssodafe Member M-atthewj.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 APPLICANT: APPLICATION DATE: Michael Mullaney(McKenzie Engineering Co., September 09,2024 Inc.) 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: 2024-015 1, PROCEDURAL HISTORY AND STATEMENT OF FACTS 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 3, Table 2! Summary of Dimensional Requirements for one Year 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. 271, 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 I-I 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. The following plans and exhibits were submitted with the Application or at the public hearing: PETITION 2024-015 Pagel oN II Town of North Andover ZONING BOARD OF APPEALS (1) Certified Plot Plan prepared by Coneco Engineers&Scientists dated August 07, 2024,containing one(1)page; (2) Proposed Pole Barn Conceptual Visuals prepared by McKenzie Engineering Company,Inc. dated September 19,2024, containing four(4)pages (GI-1, GI-2, G2-1, G2-2); and (3) Layout and Elevation Schematics prepared by McKenzie Engineering Company Inc. dated July I 03,2018,containing three (3)pages (A2-1,A2-2,A2-3). The Property is located at 1101 Turnpike Street,North Andover, MA 01845 in the I-1 Zoning District. j I II. > INDINGS/DISCUSSION/CONDITIONS I The Board has made careful study of the materials submitted and the information presented at the hearing. i The Board finds that owing to circumstances relating to soil conditions, shape,or topography of the land j 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 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: Surninary of Dimensional Requirements for one rear setback and Section 195 Attachment 3,Table 2: Summary of Dimensional Requirements[Amended 6-18-2019 STM by Art. 1; 6-17-2021 ATM by Art. 271, 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". 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 in accordance with the plans,other materials, and testimony at the public hearing. III, 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 Matthew J. Ginsburg, Esq. to grant the Variance requested under Section 195-7.3 Yards (setbacks) Attachment 3, Table 2: Summary of Dimensional Requirements for one 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: Summary of Dimensional Requirements [Amended 6-18-2019 STM by Art. l; 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 Iandscaped, 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 j and not parked upon in accordance with the following plans and other materials: PETITION 2024-015 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS (1) Certified Plot Plan prepared by Coneco Engineers &Scientists dated August 07,2024,containing one(1)page; (2) Proposed Pole Barn Conceptual Visuals prepared by McKenzie Engineering Company,Inc. dated September 19,2024,containing four(4)pages (GI-1, G1-2, G2-t, G2-2); and (3)Layout and Elevation Schematics prepared by McKenzie Engineering Company Inc. dated July 03, 2018, containing three(3)pages (A2-t,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: None. The non-voting members present; None. The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE. i North ndo er Zoning Board of Appeals Alexandria A. Jacobs,Esq,, Chair Michael T. Lis, Vice-Chair Frank J.Killilea, Clerk Laura Craig-Comin James M. Testa Matthew J. Ginbsburg,Esq. Decision 2024-015 DECISION-1101 Turnpike Strew Notes: I. 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 connnnenced 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 2024-015 Page 3 of 3