The URL can be used to link to this page

Home My WebLink AboutDecision Time Stamped - 64 Old Cart Way 2024.12.02 - Decision - 64 OLD CART WAY 12/2/2024 Town of North Andover ZONING BOARD OF APPEALS Alexandria A.Jacobs,Esq.,Chair ' Town Clerk Izspe Stamp � Michael`T.7�uis,y/ite-Chairef Frarnk J.Killilea,Clerk Laura Craig-Corntiin 3 James'M.Testa Assodate Members Matthew J.Ginsburg Melissa Rutherford Zachary I-iachey Notice of Decision Any appeal shall be filed within twenty Calendar Year 2024 days after the date of tiling of this notice J in the office of the Town Cleric pursuant to Mass. Gen. L. ch. 40A, § 17 APPLICANT: APPLICATION DATE: Sukesh Aghara October 24,2024 PROPERTY: - HEARING DATE: 64 Old Cart Way November 19, 2024 North Andover,MA 01845 PETITION: _. Map 107.B,Parcel 0087 2024-017 1 ------------- 1 L PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed October 24, 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 for one side setback in the R-2 Zoning District for the purpose of constructing an addition onto the existing home. Specifically, Applicant has requested a right- side setback needing a relief Variance of 15.4 ft. (side setback proposed is 14.6 ft,, side setback required per Table 2 is 30 feet). 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 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-2 Zoning District. The following plans and exhibits were submitted with the Application or at the public hearing: (1) Certified Plot Plan prepared by Spindle City Surveying &Consulting. dated September 19, 2024, containing one (1)page; and PETITION 2024-017 Page I of 3 Town of North Andover ZONING BOARD OF APPEALS (2) Proposed Elevation and Floor Plans prepared by John Karavolas dated August 09, 2024, containing eight(8)pages (S-001,EX-100,A-100,A-101, S-100, S-200, S-300&S- 400). The Property is located at 64 Old Cart Way in the R-2 Zoning District. 11. FINDINCSID►ISCUSSION/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, 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 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 an addition onto the existing home. Specifically, Applicant has requested a right-side setback needing a relief Variance of 15.4 ft. (side setback proposed is 14.6 ft., side setback required per Table 2 is 30 feet). In the R-2 Zoning District in accordance with the plan, other material, 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. Killilea and seconded by James M. Testa to grant the Variance requested under Section 195-7.3 Yards (setbacks) Table 2: Summary of Dimensional Requirements for one side setback in the R-2 Zoning District for the purpose of constructing an addition onto the existing home, Specifically, Applicant has requested a right-side setback needing a relief Variance of 15.4 ft. (side setback proposed is 14.6 ft., side setback required per Table 2 is 30 feet). with the following plans and other materials: (1) Certified Plot Plan prepared by Spindle City Surveying &Consulting. dated September 19, 2024, containing one(1)page; and (2) Proposed Elevation and Floor Plans prepared by John Karavolas dated August 09, 2024, containing eight(8)pages (S-001,EX-100, A-100, A-101, S-100, S-200, S-300&S- 400). The voting members in favor of the Variance: Alexandria A. Jacobs,Esq., Michael T. Lis, Frank J. Killilea,James M. Testa and Laura Craig-Coniin The voting members against the Variance: None The non-voting members present: Matthew J. Ginsburg and Melissa Rutherford PETITION 2024-017 Page 2 of 3 1 Town of North Andover ZONING BOARD OF APPEALS t The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE. North dov Zoning board of 1 Appeals Alexandria A. Jacobs,Esq., Chair Michael T. Lis, Vice-Chair t Frank J. Killilea, Clerk Laura Craig-Comin James M. Testa Matthew J. Ginsburg,Esq. Melissa Rutherford Zachary Hachey 1 Decision 2024-017 DECISION-64 old Cart Way i 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 1 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 r 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. f 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 commenced pursuant to the provisions of Town of North Andover Zoning Bylaws Section 195-10.7. 1 THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT i I UITION 2024-017 Page 3 of 3