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Home My WebLink About2025-05-06 Recorded ZBA Decision 4/8/2025 µ�r•'} Town of No Andover [...�„ ZONINGBOARD OF APPEALS Michaet I.l is,Chafr _ �.� 'Town Clerk Time Stamp Laura'CMitconiin Vice Chnrt ck '► Drank J.ISill M,CIrrk Alexandria A.Jacobs,9sq•, C }v James X Testa -a c s AwdahMmhm „=tS 36,6 Matfhavil.Giriburg : r: 5 .�;` ct « �s.tx,y . Melissa Rutheifbtd - -rhis is cenifly that twenty t201 days Arty appeal shall be filed within twenty Notice of Decision have elapsc:l prom hate of aeetstor� days aftef the date of filing of this notice Ca�le:idar Yiar 2025 without�t�pale an ap ear — in the office of the Town Clark pursuant Carta na $ rren to Mass.den.L,ch.40A, § 17 Town Clark APPLICANT: APPL1lCAT)ION DATE: 3osdph Williain McCarthy February 12,2025 PROPERTY'. TOKARl�qG DATE: -922 U.aIe Street March 11,2025 PAd A:pfil 8,2025 Norttt Andover,AAA. 01845 Map 104.A Parcel 0061 PETMON: 202$-001 J.•P UCED MN-TORY AND SUUA=OF F SI 82 69 P 2 �68 6 6 AppliCafit; by application filed February 12,2025,has tequeff qJaridrYcg scant Tic rofNorth Andover Zoning Bylaws, The Applicant is requesong a Varlaote pu suarit to Town of North Andover Zoning Bylaws Section 195-7.1(A)Contiguous buildable area(`jCBN)in the A I Zoq�og I)Wriat for the purpose of constructing a single-family house on a vacant lot ooti,Nngeht upon the Planning Board's approval subdividing the Jot into two parcels. Specifically,Applicant has requested CBA Reeding axbflef variance of 3,457 square feet(the CBA proposed is 61,883 square fegt or 71%of the total lot araT ana the C13A required is 65,340 square feet or i5%of the total lot area),Wjtb rapeot to the Psopdtty. The Application requires a hearing before the North Andover Zoning Board of Appeals:('$oard"),-and. due notice of the hearing wa's given by'•mailing and publication. 4gal notices were sentto all certified abutters-provided by the Assessor's Office of the Town of'North Andover and vveire published in the EggWTribune,a newspaper of general circulation in the Town of North Andover, on Febroary 24,2025 and March 3,2025: The Board held a public bleating at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday,March 11,2025 and April 8;2025,at 7,30 pan,with respect to the Property,which is loured in the R 1 Zoning District. I AMSp A Tirue Copy • 7�stinC[Ct'H f PETITION2425•DDi> hp l of3 Bk 18269 Pg133 #6866 Town of North Andover Z014ING 13Q. AD OF APPEALS The following plans and exbibits were submitted with the Application of at the public hearing: (1) Cei tified Plot Blau prepared by Greenman-Pederson,Inc.,dated laouary 20,2025;and (2) Revised Certified Plbt Plan prepared by Greenman-Pedersons Inc.dated,March 24,2025. The?rbperty is located at 922 Hale Street in the R 1 Zoning District. U. E" MING51DLSCUSSIONIIPONDKIONS ' The Board has made careful study of the materials submitted and one information presented at the hearings. The Board also notes that among the-most significant issues that arose at thc.11eaft�were the setbacks and CBA. The Board finds that owing to circumstances relating to soil conditions,shape,or topography of the laird or.structures,and especially affecting such land or stractutes but not•affecting genetally the zoning district in•general, a literal enforcement of the provisions of tho Bylaws will involve substeAtial hardship, ' IrWanclai 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 ilttent or purpose of the B�+laws. Therefore,the Board finds thatAppliowit has satisfied the provisions to,allow the-requested variance(s)in order to construct a single-fannily house on a vacant lot.--Specially,Applicant has requested CBA needing a relief of vatiance of 3,457 square feet(the proposed is 01,883 square feet or 71% of the total-lot area :and the CAB required is 651340 square feet.or 75% of-tine total lot area) and tbstimony of the public hearings. M. 1►74T1{ON OTB AND DECxSIO1S .on April 8,2025 the Board voted to 919se the public hearing. A motion was made by Laura Craig-Cowin and seconded by Alexandria A.Jacobs to-grant the Variance requested under Section 195-7.1(A)Contiguous buildable area("CBA')in the R I Zoning District for the purpose of ronstruettng a single-fancily house on a vacant lot contingent upon The 1)Ianning )3oaYd's approval subdividing the lot into two parcels. Specifically,Applicant has requested CBA needing a relief variance of3,457 square feet'(the 03A proposed is 61;883 square feet or 94%of the total Iot area and the CBA required is 65,340 square feet or 75% .of the total lot area) and the following plans and other materials: (1) Certified'Plot plan prepared by Greenman-Pederson,Inc.,dated January 20,2025;and (2) Revised Certified Plot Plan prepared by Greenman I'edtrsoa,Inc.dated,march 24,2025. P2: MON 2025.60I Page 7 of 3 Bk 18269 Pg134 #6866 Town pf North Andover ZONING BOARD OF APPEALS The voting men1bers in favor of the Variance: )4ichapI T.Lis Alexandria A.Jacobs,Esq., Uc6r4 Craig-Cozrtin and Melissa Rutherford The voting members against the Variance: None Non-Voting members present: James M.,Testa and prank Y.Killilea(recused) The Chair declared the Board"s vote to be 4-0 to GRANT TjU VARJ NCE, forth Andover Zoning Board of App eats Michael T.tis,Chair 1,,aufa Craig,Com4 Vice Chair Frank L Killitea,Clerk Alexandria A.Jacobs,Bsq. James M.Testa Matthew J. Ginsburg,Esq. Zachary J.hlachey Melissa Rutherford Decision 202,5-001 40Tim�IU70{9 0.210190311 j*UUa 4 Notes: i. A decision granting a variance or a special permit sha11 not'be in effect uik#1 a certiflod copy b the decision is recorded at the Essex County Registry of Deeds,14orthern Distdot at Applicant's expense. 'Further provided that if the Property is registered land,then a certified copy offhe decision shall also be f"iied with the Land Court. 2. A.decision granting a.varipi a.or special permit as requested by Applicant does not riecessarity ensure the granting of a building permit because Applicant to ust abide by all applicable focal, state,and federal building-codes arid,regulations prior to fhe issuance of a building permit as required by the Inspector of Buildings. 3. Geinerally,(a)if the rights authorized by a decision granting a variance are not exercised within one(1)yegr of the date of the grant then such rights shall lapse and may be irestablished after notice and a new hearing pursuant to the provisions of Mass.Gent.L.ch.4QA, § 10,and(b)the rights authorized by a decision granting a special permit shall be deemed td have lapsed after a two(2)year period from the date of the grant unless substai.ntial use or construction has commenced pursuant to toe provisions of Town of North Andover Zoning Bylaws Section 195- 10.7. THE REMAINDER OF THIS PADS INTENTIONALLY LEFT BLANK END OF DOCUNMNi' PETITION 2925-001 Page 3 of 3