HomeMy WebLinkAboutDecision - 210 ABBOTT STREET 12/28/2005 NoFrp
Town S o of North
Town QP3k Ti%rie Sf37ilp
Office of the Zoning Board of Appeals R
Community Development ent and Services Division E'l 'r�.�
400 Osgood Street
North Andover, Massachusetts 01845 ZOOS DEC 2i3 Pi±:i to: ?5
Gerald A.Brown Telephone (978)688-9541
Inspector of Buildings Fax (978)688-9542 7( '' G F
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2005
of
this notice in the office of the
Town Clerk, Mass.Gen.L.ch.
40A, §17 Property at: 210 Abbott Street
N D.Morin EnUMG(S): December 13,2
ADDRESS: 210 Abbott Street PE ON: 2005-034
North Andover,MA 01845 TYPING DATE: December 19,2005
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top
floor meeting room, 120 Main Street,North Andover,MA on Tuesday,December 13,2005 at 7:30 PM
upon the application of Duane D.Morin,210 Abbott Street,North Andover requesting a dimensional
Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the left side setback
m order to construct a proposed deck on an existing,conforming structure and lot. Said premises affected
is property with frontage on the South side of Abbott Street(Map 38,Parcel 155)within the R-3 zoning
district- Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune
on November 21&28,2005.
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,
Albert P.Manzi,III„and David R-Webster. The following non voting members were present: Thomas D.
Ippolito,Richard M. Vaillancourt,and Daniel S.Braese.
Upon a motion by Joseph D.LaGrasse and 2°d by Richard L Byers the Board voted to GRANT a
dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 8'from
the south side setback in order to construct a proposed deck extension per:
Site: 210 Abbott Street,North Andover,MA 01845
Site Plan Title: Plan of Land,Location,210 Abbott Street,North Andover,MA,prepared
for,Duane&Kerry A.Morin
Date(&Revised Dates): May 22,2005,Revisions:May 27,2005&October 27,2005
Registered Professional: Frank s.Giles II,#R-P.L.S.#41713, [oQ
Civil Engineer/Architect/ Scott L.Giles Frank S. Giles Surveying,
Landscape Architect/Land 50 Deenneadow Road,North Andover,MA 01845
surveyor
Sheet/Drawing None
Building Plan Title Addition for Duane&Kerry Morin,210 Abbott Street,N.Andover,MA
01845
By: G.J.Bruno,G.J.Bruno Associates,Residential Designers,28 Berkeley
Road,N. Andover,MA 01845
Date: 2-26-05
Sheet/Drawing; At
Voting in favor. Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David
R- Webster.
Page I of 2
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
µO"70y Town of North Andover Town Clerk Time stamp
�} Office of the Zoning Board of Appeals
Community Development and Services Division
*� 400 Osgood Street
North Andover, Massachusetts 01845
Gerald A.Brown Telephone (978)688-9541
Inspector of Buildings Fax (978)688-9542
The Board finds that that the south side lot line bends inward at the rear comer of the existing house,that
the position of the house on the lot would require a triangular deck in order to stay within the lot lines. The
Board finds that no abutter spoke or wrote against the application. The Board finds that the conditions,
specifically,the shape of this parcel,affect this parcel but do not affect generally the rest of the Residential-
3 zoning district. The Board finds that the literal enforcement of Paragraph 7.3 and Table 2 of the Zoning
Bylaw would prevent the applicant from constructuig a normal deck. The Board finds that the granting of
this Variance will not adversely the neighborhood or derogate from the intent and purpose of the
Zoning Bylaw.
Note: The granting of the Variance and/or Special Permit as requested by the applicant 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 Building Commissioner.
Furthermore,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. Furthermore,if a
Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)
year period from the date on which the Special Permit was granted unless substantial use or construction
has commenced,it shall lapse and may be re-established only after notice,and a new hearing.
Town of North Andover
Board of Appeals,
C/
Ellen P.McIntyre,Chair
Decision 2005-034.
M38P155.
Page 2 of 2
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535