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Home My WebLink AboutRecorded Notice of Decision - 5.5.2025 - Decision - 922 DALE STREET 5/5/2025 Tern. of North Andover ZONING BOARD OF APPEALS Michael T.l is,Chair Town Clerk Time Stamp Laura Craig-Corriih,Vice Chaff£ s. . Prank J.Killilea;Clerk Alexandria A.Jacobs,Esq., James M.Testa a+ Aisacrate Mrmbe,*a Matthev�J.��17IIS Mil£ ; }. �� &Y,6 �" e t Za6fiaiy J.142cbey Melissa Rutherford TWS i�wgi3,y th It tNetpt� t2d�Ct �/S Any appeal shall be filed within twenty Notice of'Decision have ei<�p,L,i;,Qnt ciute of decision without filing,Of AM"a 9P, l . days after the date of filing of this notice Calendar Year 2025 Date— in the office of the Town Clerk purstiant Carla D a1 rr+en to Mass.Olen.L. ch.40A, § 17 'Town Cleric APPLICANT: A.PPLICATIa Joseph William McCarthy February 12,2025 PROPERTY-. BEARING DATE: 922 hale Street March 11,2025 and April 8,2025 North Andover,MA 01845 Map 104.A Parcel 0061 PETITION: 2025-001 I..PROCEDURAL HISTORY AND STATEIW,['GN°I'OF V AC'TS r µ 4 r , .-r Applicant, by application filed February t2, 2025, has requested aYarirnce p4tsuaaiit'to,To +n'o N rth Andover Zoning Bylaws, The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-7.1(A) Contiguous buildable area("CBA")in the fit.-1 Zoning District' forthe ,purpose of constructing a single-family house on a vacant tut cotrtingertt upon the Planning l3aard's approval subdividing the.lot into two parcels. Specifically, Applicant has requested CBA needing a relief variance of 3,457 square feet(the CBA,proposed is 61,883 square Feet or 71%of the total lot area and the CBA required is o5,340 square feet or!: %of the.total lot area),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'nailing and publication, Legal notices were sent to all certified abutters pyovicled by the Assessor's Office of the Town of North Andover and were published in `l"!ae Eagle-Tr tune, a newspaper of general circulation in the Town of'North Andover, on February 24, 2025 and March 3, 2025. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday,March 11,2025 and April 8;2025, at 7,30 p.m. with respect to the Property,which is located in the R-1 Zoning District. A.I..t.i St.,4 Iwx; n c'=P&k PETITION 2025-001> �ar,e I of3 L Town of North Andover ZONING BOARD OF APPEALS The following plans and-exhibits were submitted with the Application or at the public hearing: (1) Certified Plot Plan prepared by Greenman-Pederson,Inc.,date_d January 20,2025, and (2) Revised Certified Plot Plan prepared by Greenman-Pederson;Inc. dated,March 24,2025. The'Prbperly is located at 922 Dale Street in the R-1 Zoning District. II. FINDINGS/DLSCI SSION/CONDITIONS The Board has made careU study of the materials submitted and the information presented at the hearings. The Board also notes that among the most significant issues that arose at the-hearings were the setbacks and CBA. 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 inf ent or purpose of the Bylaws. Therefore, the Board finds that Applicant has satisfied the provisions to,allow the,requested variance(s) in order to construct a single-family house on a vacant lot.•Specially,Applicant has requested CBA needing a relief of variance of 3,457 square feet(the proposed is 61,883 square feet or 71% of the total lot area :and the CAB required is 65,340 square feet.or 75% of the total lot area) and testimony at the public hearings. II1. MOTION VOTE AND DECISION On April 8,2025 the Board voted to close the public hearing. A motion was made by Laura Craig-Comm and seconded by Alexandria A. Jacobs to grant the Variance requested under Section 195-7.1(A)Contiguous buildable area("CBA")in the R 1 Zoning District for the purpose of constructing a single-family house on a vacant lot contingent upon the Planning Board's approval subdividing the lot into two parcels. Specifically,Applicant has requested CBA needing a relief variance of 3,457 square feet(the CBA proposed is 6L883 square feet or 71%of the total lot area and the CBA required is 65,3.40 square feet or 756/o 'of the total lot area) and the following plans and other materials: (1) Certified Plot Flan prepared by Greenman-Pederson,Inc.,dated January 20,2025;and (2) Revised Certified Plot Plan prepared by Greenman Pederson,Inc. dated,March 24,2025. PETITION 2025-00I Page 2 of 3 Town-of North Andover ZONING BOARD OF APPEALS The voting members in favor of the Variance: Michael T.Lis Alexandria A.Jacobs,Esq., Laura Craig-Cohiin and Melissa Rutherford The voting members against the Variance: None Non-voting members present: James M..Testa and Frank J`. Killilea(recused) The Chair declared the Board's vote to be 4-0 to GRANT THE VARIANCE. North Andover Zoning Board of Appeals Michael T.Lis,Chair Laura Craig-Comity;Vice Chair Frank J.Killilea,Clerk Alexandria A.Jacobs,Esq. James M.Testa Matthew J. Ginsburg,Esq, Zachary 7.Hachey Melissa Rutherford Decision 2025W001 bottOrt'ftmptsu20190.21DI9 M(&.26 ) 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 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 irequ'estea by Applicant does not necessarily ensure the granting of a building permit because Applicant Iriust 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(!)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. THE REMAINDER OF TH19 PAGE INTENTIONALLY LEFT BLANK END OF DOCUWNr PETITION 2025-001 Pago 3 of3 1 RECEIPT Printed: May 5, 2025 9 8:48:46 Essex North Registry M. Paul Iannuccillo Register Transit: 5105 Oper:KEVINZ MCCARTHY Book: 18269-Page:�132 Inst#: 6866W- Ctl#: 7 Rec:5-05-2025 @ 8:48:42a NAND 922 DALE ST DOC DESCRIPTION TRANS AMT -_------•- ---------- DECISION Surcharge CPA $50.D0 50.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: --105.00 Total charges: 105.00 CHECK PM 100 105.00