HomeMy WebLinkAboutDECISION - 476 Johnson Street - Decision - 476 JOHNSON STREET 9/30/2024 Town of North Andover
ZONING BOARD OF APPEALS
Alexandria A.Jacobs,Esq.,Chair �r us Town Clerk Time Stamp
TV,ichael T.Lis,Vice Cbiair
Frank J.KiliiIca,Clerk
Laura Craig-Comin
James M.Testa
Asroriale Iffember
1-latthew J.Ginsburg,Esq,
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:
Benjamin Brown c/o July 16, 2024
Corey Keefe and Claire Leabinan
PROPERTY: HEARING DATE:
476 Johnson Street September 17,2024
North Andover,MA 01845
Map 038.0,Parcel 0061 PETITION:
2024-009
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicants, by application filed July 16, 2024, have requested a Variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-7.3.0 Yards (setbacks) Projections into rear yards, Table 2:
Summary of Dimensional Requirements for one rear setback in the R-3 Zoning District for the purpose of
constructing a 20' x 16' deck. Specifically, Applicants have requested a rear setback needing a relief
variance of 11.7 feet(the rear setback proposed is 14.7 feet plus allowed projection of 4 feet; and the rear
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 August 05, 2024
and August 12, 2024,
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday, September 17,2024 at 7:30 p.m. with respect to the Property,which is located in the R-3
Zoning District.
The following plans and exhibits were submitted with the Application or at the public hearing.
(1) Plot Plan prepared by Andover Consultants hic, dated May 17,2024, containing one (1)page;
and
(2) Deck Plans prepared by Building Recon Services dated June 14, 2024, containing six(6)sheets
(Cover Sheet; G-001; A-201; A-101; A-301; A-501)
The Property is located at 476 Johnson Street in the R-3 Zoning District. The Property is non-conforming
due to its setbacks.
PETITION 2024-009 Page l of 3
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Town of North Andover !
ZONING BOARD OF APPEALS
II. FINDINGS/DISCUSSION/CONDITIONS
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The Board has made careful study of the materials submitted and the information presented at the hearing.
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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 a 20' x 16' deck pursuant to the Town of North Andover Zoning Bylaws Section 195-
7.3.0 in the R-3 Zoning District in accordance with the plans, other materials, and testimony at the public
hearing.
III. MOTION,VOTE,AND DECISION
On September 17, 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 195-7.3.0 Yards(setbacks) projections into rear yards, Table 2: Summary of Dimensional
Requirements of the Zoning Bylaws to allow the Applicants' requested rear setback needing a relief
variance of 11.7 feet(the rear setback proposed is 14.7 feet plus allowed projection of 4 feet; and the rear
setback required per Table 2 is 30.0 feet) for the purpose of constructing a 20' x 16' deck in accordance
with the following plans and other materials:
(1) Plot Plan prepared by Andover Consultants, Inc, dated May 17, 2024,containing one(1) page;
and
(2) Deck Plans prepared by Building Recon Services dated June 14, 2024, containing six(6) sheets
(Cover Sheet; G-001;A-201; A-101; A-301; A-501).
The voting members in favor of the Variance: Alexandria A. Jacobs,Esq.,Michael T. Lis,
Fank J.Killilea, Laura Criag-Comin, and
James M.Testa
The voting members against the Variance: None.
The non-voting members present; Matthew J. Ginsburg, Esq.
The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
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North Andover Zoning aard of Appeals
Alexandria A. Jacobs, Esq., Chair
Michael T. Lis, Vice-Chair
Frank J. Killilea, Clerk
Laura Craig-Cornin
James M. Testa
Matthew J. Ginsburg, Esq.
PETITION 2024-009 Page 2 of 3
Town of North Andover
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ZONING BOARD OF APPEALS
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Decision 2024-009
DCCISfON-476 7o—n St,"I j
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Notes:
1. A decision granting a variance or a special hermit 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, their 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 I
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
commenced pursuant to the provisions of Town of North Andover Zoning Bylaws Section 195-
10.7,
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