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Home My WebLink About2009-09-08 ZBA Decision Town of North Andover ZONING BOARD OF APPEALS RE;CE�VED f116crt 1'. 14anzi I11,tisy.Cbnirmmr T�tt'!� (;l rf��'C OFFICE P. McIntyre,I ce-Chair/van Richard J.Byers,I-sq.C/eik�, o c�Ko oT e gtiJosephi�.l.ac;ra �e �� g..., a o 2009 SEP 22 P13 2: 35 Richard N4.Vaillancourt o — Assoiinte Alelnbers Thomas 1). Ippolito "°r F Q. ri'�Manic)8.Braese,I�:sq. oq`"'`""PP. y Michad 11.Liporto vssgc►kus1� JSftC rtU`iET( ; Town Clak Timc Stamp Any appeal shall be filed within(20) Notice of Decision days after the date of tiling of this Year 2009 notice in the office of the Town Clerk, per Mass. Gen. L.ch.40A, §17 Property at: 1275 Turnpike Street NAME: Elm Development Services,LLC HEARING(S): August 11 &September 8,20 99 Ernest A. Gralia,III ADDRESS: 1275 Turnpike Street(Map 107.A, PETITION: 2009-011 Parcel 149,283 and 284),North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover, MA on Tuesday, September 8,2009 at 7:30 PM upon the application of Elm Development Services, LLC, 1275 Turnpike Street,(Map 107.A,Parcels 149,283,284),North Andover, MA. Applicant is requesting dimensional VARIANCE from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height and for a VARIANCE from Section 13.5.d.I and Footnote 1 of Table 2 to allow construction of a porte cochere within seventy-three(73)feet from the perimeter of the front property line, within the Village Residential District. Legal notices were sent to all names on the abutter's list and were published in the Eagle- Tribune,a newspaper of general circulation in the Town of North Andover,on July 27&August 3,2009. The following voting members were present: Ellen P. McIntyre,Richard J. Byers,Richard M. Vaillancourt, Michael P. Liporto and Thomas D. Ippolito. Upon a motion by Richard J.Byers and 2nd by Thomas D.Ippolito,the Board voted to GRANT a dimensional Variance from Section 13.5.d.I and Footnote I of Table 2 to allow construction of a porte cochere within seventy- three(73)feet from the perimeter of the front property line,within the Village Residential District. Variance: Section 13.5.d.1 and Footnote l of Table 2 to allow construction of a porte cochere within seventy-three(73)feet from the perimeter Plan(s)Title: 1) Exhibit Plan"A"The Arbors at North Andover,by Marchionda& Associates, L.P.,dated February 12,2009; 2) "Conceptual Rendering: Assisted Porte Cochere", by Gori&Associates Architects, Received at September 8,2009 meeting; 3) "Setback Variance Plan",by Marchionda&Associates, L.P.,dated July 16, 2009,containing ten(10)sheets. Voting in favor: Ellen P. McIntyre, Richard J.Byers, Richard M. Vaillancourt,Michael P. Li orto and Thomas Ippolito(5-0) Upon a motion by Richard J. Byers and 2"d by Richard M.Vaillancourt,the Board voted to GRANT a dimensional Variance from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height from thirty- five(35)feet to forty-nine(49)feet,two(2)inches: With the following condition(s): 1. The attic level shall not be used for living purposes and shall remain uninhabitable. Pagel of 2 Variance: Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height Plan(s)Title: 1) "Setback Variance Plan",by Marchionda&Associates, L.P.,dated July 16, 2009,containing ten(10)sheets. 2) Exhibit Plan"A"The Arbors at North Andover,by Marchionda&Associates, L.P., dated February 12,2009; 3) "Conceptual Rendering:Assisted Porte Cochere",by Gori&Associates Architects,Received at Se tember 8,2009 meeting-, Voting in favor: Richard J.Byers,Richard M.Vaillancourt,Michael P.Liporto and Thomas Ippolito 4-1) Votin in the Negative: Ellen P.McIntyre re The Board specifically finds that owing to circumstances relating to the soil conditions,shape, or topography of such land or structures and especially affecting such Iand or structures but not affecting generally the Village Residential zoning district,a literal enforcement of the provisions of the Bylaw would involve substantial hardship,financial or otherwise,to the petitioner, and that desirable relief maybe granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose.of the North Andover Zoning Bylaw. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance(s)as requested by the appl icant does not necessarily ensure the granting of a building permit as the 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. If the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. North Andover Zoning'Boar f Appeals Ellen P.McIntyre, Vice Chairman Richard J. Byers,Esq., Clerk Richard M.Vaillancourt Michael P.Liporto Associate Member Thomas Ippolito Decision 2009-011 Page 2 of 2