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Home My WebLink AboutDecision - 56 BEVERLY STREET 5/12/2015 RECEIPT Printed: June 9, 2015 @ 11:51:17 Essex North Registry M. Paul iannuccillo Register Trans#: 11288 Oper:LP,RECKM STEVEN DEROCHER Book: PL Page: 17296 Ctl#: 106 Rec:6-09-2015 @ 11:51:13a DOC DESCRIPTION TRANS AMT /0 PLAN Surcharge CPA $20.00 20,00 5 90C11 EEE 50 0 Plan recording 50.00 Total fees: 75.00 Book: 14256 Page: 29 inst#: 13571 ) Ctl#: 107 Rec:6-09-2015 0 11:51:13a NAND 56 BEVERLY ST DOC DESCRIPTION TRANS AMT pe;Q rn .t DECISION Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 Book: 14256 Page: 31 Inst#: 13572 -- Ctl#: 108 Rec:6-09-2015 ® 11:51:13a NAND 56 BEVERLY ST VA r,'� DOC D€SCRIPTION TRANS AMT DECISION Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 Total charges: 225.00 CHECK PM 0000 225.00 Town of North Aovei7 a�� ft ZONING BOARD OF APPEAL , . ;r� Y Albert P.Manzi 1I1,lssq.C15airnrmr �s ` t ttoRTH Ellen 11.McIntyre,L ice-0airwan n� � t Richard J.Byers,Esq.Clerk g� +�•:''_ ' o U L ! U D.Paul Koch Jr. # t 'p Allan Cuscia e T OWN 0 Associate Members �0 ANDOVER NORTH fNj1f ER \lichael P.Li orto Doug Ludgin 9SSACHUSE�4 Deney Morganthal This is to certify that twenty(20)days have elapsed from date of decision,filed Town Clerk Time Stamp without filing of an appe . Date o70l3 Joyoe A dshaw Any appeal shall be filed within(20) Notice of Decision Town C days after the date of filing of this Year 2015 notice in the office of the"Town Clerk, er Mass.Gen.L.ch.40A,§17 Property at: )56 Beverly Street(Map 9,Parcel 33)North Andover,N-JA 01845 NAME: Steven and Patricia Deroclrer HEARING(S): 12 May 2015 ADDRESS: 56 Beverly Street(Map 9,Parcel 33) PETITION: 2015-002A North Andover,MA 01845 -- --------- The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street,North Andover, MA on Tuesday,May 12,2015 at 7:30 PM on the application of Steven and Patricia Derocher for property located at 56 Beverly.Street(Map 9,Parcel 33),North Andover,MA 01845. Petitioner is requesting a Special Permit from Section 9.1 of the Zoning By-laws for a pre-existing non-conforming structure or uses however may be extended or altered and also Variances$-om Table 2(Dimensional Requirements)for one rear yard setback and two side setbacks(left and right)in the R-4 Zoning District,to raze the old garage and construct a new garage. Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and were published in the Eagle-Tribune, a newspaper of general circulation in the Town of North Andover,on April 28, 2015 and May 5,2015. The following regular voting members were present: Albert P.Manzi 111,Ellen McIntyre, Richard J. Byers,D.Paul Koch Jr.,and Allan Cuscia and Associate Member Deney Morganthal. Byers made a motion to Grant the Special Permit from Section 9.1 of the Zoning Bylaw for a pre-existing non- conforming structure or uses however may be extended or altered at 56 Beverly Street(Map 9,Parcel 33), to allow construction for a new garage and to raze the old garage. Cuscia second the motion All in favor to Grant the Special Permit: Albert P.Manzi 111,Richard J.Byers,D.Paul Koch Jr.,and Allan Cuscia, Not in favor: Ellen McIntyre 4-1 approved. The Board finds that this use, as developed by the building and site plans, will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians, since there is provisions for the required off-street parking. Adequate and appropriate facilities are provided to the existing residential dwelling and will be provided for the proper continued operation of the newly constructed garage. The Board finds that this garage will not be substantially more detrimental, and that this use,to allow for the proposed garage is in harmony with the general purpose and intent of this Bylaw. ATTEST: ATrue Copy Town Clerk . Page 1 of 2 Site: 56 Beverly Road(Map 9,Parcel 33),North Andover,MA 01845 Petitioner is requesting a Special Permit from Section 9.1 for a pre-existing non-conforming structure and Variances From Table 2 (Dimensional Requirements) for a rear setback and two side setbacks (left and right), located in the R-4 Zoning District to raze and construct a new garage. Plan(s)Title: 1)"Plan of the Land"containing one(1)sheet.Exiting&proposed, Prepared by Sullivan Engineering Group,LLC,22 Mount Vernon Road Boxford,MA 01921 Dated January 8,2015 2)"Proposed Rear Elevation"(Containing one sheet),"Proposed Front Elevation"(Containing one sheet),"Proposed 3-D fi-ont elevation"(Containing one sheet), 3)Truss details,E-1(Containing one sheet), Elevations and End Wall Column, and E-2 includes a Front Endwall Elevation ,Right SidewalI Elevation,Rear Endwall Elevation,LeftSidewall Elevation and Endwall Column, (Containing one sheet), Prepared by Stephen P.Maslan &CO, Engineers/Designers 8011 Paseo Suite 201 Kansas City MO 64131 Dated Marchl'Z,-2-Q15 Voting in favor: 4 Manzi,Byers,Cuscia,and Koch Voting in the Negative: I McIntyre The Board finds that the applicant has satisfied the provisions from Section 9.1 for a pre-existing non-conforming structure and Table 2 (Dimensional Requirements) for a rear yard setback and two side setbacks (left and right) of the Zoning Bylaws in the R-4 Zoning District to construct a new garage at the location of 56 Beverly Street(Map 9, Parcel 33), North Andover,MA 01845. 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 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 Inspector of Buildings. 3. If the rights authorized by the Special Permit are not exercised within two(2)years of the date of the grant,it shall lapse,and may be re- established only after notice,and a new hearing. C/ , Nor Andover Zoning oard o Appeals Al eA P.Manzi III,Esq., Chairman en McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr. Esq. Allan Cuscia Decision 2015-002A Page 2 of 2 Bk 14256 P:u3l 4"r-13-572 Town of North |\/ K� l� ��l� �'v��/�.. ~.x�z�u~u� ..~ /�� ^ ��"�f,�,, Albert T!Manzi III,Exq.Cbairmpv t%ORTH - E'U'^p McIntyre,Tkm(lwilmail 0815 MAY y o on 9� i6 K�hx�].Byu,.D^ .(�� D.Paul Koch Jr. 0 fn AUxuC"sci^ F A��.�� Michael Y.Lip^'m �g��`� ,��TT� Doug Lud�u --' - D^uey Morgarithal This is to certify that twenty(20)days have elapsed from Town c�ak'omcs*mp without U/�gof ��- ---~~~°'"=° &^yupyou}sbal\hnfi\cdwidhiu(2V) NmicvofDoxivioo '°i�/wnn days after the date offi|iognfthis Year 2015 no/iooivUmofb^uof1ho7owuC|o,k' per Mass.Gen.L.ch.40A,§17 Property at; )56 Beverly Street(Map 9,Parcel 33)North Andover,MA 01845 NAME: Steven and Patricia Derocher I HEARING(S): 12 May 2015 ADDRESS: 56 Beverly Street(Map 9,Parcel 33) PETITIOR 2015-002B North Andover,MA 0 1845 The North Andover Board of Appeals held a public hearing at the Town Hall,at 120 Main Street,North Andover, MA on Tuesday,May 12,2015 at 7:30 PM on the application of Steven and Patricia Deroeber for property located � at56 Beverly Street(Map 9'Parcel 33)`North Andover,M/k 01845, Petitioner iy requesting u Special Permit � fi-ono Section 9.| of the Zoning By-laws for a pre-existing non-conforming structure or uses however may be � extended or altered and also Variances from Table 2(Dimensional Requirements)for one rear yard setback and two side setbacks(left and right) in the D,4 Zoning District,tu raze the old garage and construct n new garage. � Legal notices were sent to all the ocrdfiodabutters provided hy the Town of North Andover,Assessors Office,and � were published in the Eagle-Tribune, a newspaper of general circulation in the Town of North Andover,on April 28, 2Ol5 and May 5`20l5. � � The following regular voting members were present: Albert P. Manzi 111,Ellen McIntyre, Richard J. Byers,D.Paul Koch J/.' and Allan Cusu{o and Associate member Doug Ludgin. Byers made a motion to Grant the Variances from Table 2 of the Zoning Bylaw for 56 Beverly Street(Map 9, � � ' Parcel 33),to construct u new garage. The Variances are for one rear yard setback,the proposed io5.2feet, � required io3O feet(relief io24.X feet), also u left side setback and right side setback are needed,the proposed ix l � foot,required iul5 feet(relief is l4 feet)iu the R4 Zoning District. Coxciu second the motion All in favor to Grant the Variances: Albeit P.Manzi III, Richard J. Byers,D.Paul Koch Jr. and Allan Cuscia. Not iofavor:McIntyre 4-1 approved The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such |ood or structures, but not affecting generally the zoning distric in general,a \iioru| enforcement of the provisions of the Bylaw will involve substantial hardship, fioxuoid oo otherwise, tothe petitioner or applicant. The 8000i finds that Jooiruh/u relief may be granted without xuhotm¢iul detriment to the puhlio good and p/bboutnuDiCyingorxu6xtuo6u1|ydumgu6ng from the intent of the yog�0000f this bylaw. � The Bomd also finds that this use, as developed bythe building & site plans, is an appropriate location for such u � use and will not adversely affect the neighborhood. There will beuo nuisance or serious hazard tovehicles or pedestrians, since there are provisions for the required off-street parking. Adequate and ate facilities will 6o provided for tile o*x/ly proposed garage. The Board finds that the p/opua�ed.garage will not be substantially more detrimental in the neighborhood and that this uom' is in harmony with tho-neighhndmodimd gouoru) purpose and intent of this Bylaw. � � A T/m6 C60Y Pugelof2 Town Clerk / / ' Site: 56 Beverly Road(Map 9, Parcel 33),North Andover,MA 01845 Petitioner is requesting a Special Permit from Section 9.1 for a pre-existing non-conforming structure and Variances From Table 2 (Dimensional Requirements)for a rear setback and two side setbacks (left and right), located in the R-4 Zoning District to raze and construct a new garage. Plan(s)Title: 1)"Platt of the Land"containing one(1)sheet.Exiting&proposed, Prepared by Sullivan Engineering Group, LLC,22 Mount Vernon Road Boxford,MA 01921 Dated January 8,2015 2)"Proposed Rear Elevation" (Containing one sheet),"Proposed Front Elevation"(Containing one sheet),"Proposed 3-D fi-ont elevation"(Containing one sheet), 3)Truss details,E-1(Containing one sheet),and Elevations and End Wall Column,E-2 includes a Front Endwall Elevation,Right Sidewall Elevation, Rear Endwall Elevation, LeftSidewall Elevation and Endwall Column, (Containing one sheet), Prepared by Stephen P.Maslan&CO, Engineers/Designers 8011 Paseo Suite 201 Kansas City,MO 64131 Dated Voting in favor: 4 Manzi,Byers, Cuscia,and Koch Voting in the Negative : I McIntyre The Board finds that the applicant has satisfied the provisions from Section 9.1 for a pre-existing non-conforming structure and Table 2 (Dimensional Requirements) for a rear yard setback and two side setbacks (left and right) of the Zoning Bylaws in the R-4 Zoning District to construct a new garage at the location of 56 Beverly Street(Map 9, Parcel 33),North Andover, MA 01845. 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 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 Inspector of Buildings. 3. If the rights authorized by the Variance are not exercised within one(1)years of the date of the grant,it shall lapse,and may be re- established only after notice,and a new hearing. cr.yr North Andover Zoning oard of Kppeals Albe P.Manzi III,Esq., Chairman Ellen McIntyre,Vice Chairman Richard J.Byers,Esq., Clerk D. Paul Koch Jr.Esq. Allan Cuscia Decision 2015-000B Page 2 of 2