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Home My WebLink AboutMiscellaneous - 11 BIXBY AVENUE Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,E Chairman RECE1VED Ellen P.McIntyre,Via-Chairman Of N�oT �tio f( " P.�S S V F Richard.).Byers,Esq.Clerk F p D.Paul Koch Jr- 201 4 AUG 26 PH 2: 56 Allan Cuscia t ; ' Associate Members + y Michael P.Liporto ass ic►tus� �TH AA OVER Doug Morg !'MASSACHUSETTS Deney Morganthal Town Clerk Time Stamp Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2014 notice in the office of the Town Clerk, per Mass. Gen.L. ch.40A, §17 Property at:11 Bixby Avenue(Map 69 Parcel 2),North Andover,MA 01845 NAME: Robert A Stephenson HEARING(S): August 12,2014 ADDRESS: 11 Bixby Avenue(Map 69,Parcel 2), PETITION: 2014-005A 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, August 12, 2014 at 7:30 PM on the application of Robert A Stephenson, for property located at 11 Bixby Avenue (Map 69 Parcel 2), North Andover, MA 01845. Petitioner is requesting from the Zoning Bylaws a Special Permit from Section 9.2 Alteration and Extension for a pre-existing non-conforming lot and two Variances from Table 2 (Dimensional Requirements)for a three season porch. The Variances needed are for a side yard setback of 7.2 the required is 15 and a rear yard setback of 11.5 the required is 30.0The property is located in the R-4 Zoning District. 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 July 29th and August 5th 2014 The following regular voting members were present: Albert P. Manzi III, Ellen P. McIntyre,Richard J. Byers, and Allan Cuscia also associate member,Doug Ludgin. Ludgin made a motion to Grant the Special Permit for the 3 season porch in a pre-existing non- conforming structure, from Section 9.2 Alterations and extensions of the Zoning Bylaws in the R-4 Zoning District. With the following condition: At the rear of the lot line where 10-12 Wiley Street abuts 11 Bixby Street a screening type buffer be installed between the lots. Byers second the motion All those in favor to Grant the Special Permit Ludgin, Byers, McIntyre and Manzi Voting in the negative Cuscia 4-1 Special Permit Granted. The Board also 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 are provisions for the required off-street parking. Adequate and appropriate facilities are provided to the existing residential dwelling where the three season porch is located. The Board finds that the three season porch previously existed prior to its reconstruction, and will not be substantially detrimental to the existing single-family dwelling and to the neighborhood and that this use, of the three season porch will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Page 1 of 2 1 11 Bixby Avenue(Map 69,Parcel 2 Petitioner, Robert A )> >North Andover, MA 01845 Stephenson. A Special Permit& Extensions" rmit from Requirements) for side and rear and setbacks of the from Table 2 Section 9.2, Zoning District,to construct a three season •orch. (Dimensional Plan(s)Title: e Zoning Bylaws in the R-4 1)"Plan of the Land"containing one(1)sheet. Prepared by 111.11 Services ,Dated November 13,2013 y Merrimack 2)"Addition Left Side(partial)and Right Side(addition)",Containing one sheet, `First Floor Plan", Containing one sheet one sheet, "Rear and Front(addition " "Second floor Plan"Containing Votin in favor: Prepared by Frank Olney )Newton,Containing one sheet Albert P. Y Architect Newton,MA Votin in the Negative: Manzi III,Ellen P. McIntyre,Special Permit Granted Allan Cuscia h Richard J. B ers,.and Doug Ludgin The Board finds that the applicant has satisfied the provisions Board 2( Requirements)applicant has satisfied dnhe pr yard ns setbacks porch at(Dimensional ] Bixby l Avenue(Map 69,side Parcel 2), se of from Section Zoning y Bylaws, to and Extensions the three "end ke of MA Zoning Bylaws, to allow for ice three ), North Andover, MA 01845 in an R-4 Zoning District Notes: 1• This decision shall not be in effect until a copy of this decision Northern District at the applicant's expense. 2. The granting of the Special Permit as requested by the ion is recorded at the Essex County Registry of building permit as the applicant y applicant does not necessarily ensure the granting must abide by all applicable local,state,and federal building prior to the issuance of a building g mg of a 3. If the rights authorized by the Special Permit are not exercised codes and g permit as required by the Inspector of Buildings. and may be re-established only after notice,and a new hearing. ed 2 year of the date of the grant, it shall lapse, Ir t � h ` No �=-<--- Andover Zoning :oard of Appeals ' bert P. Manzi III, Esq., Chairperson Ellen P. McIntyre, Vice Chairperson Richard J. Byers, Esq., Clerk Allan Cuscia Doug Ludgin Decision 2014-005A Page 2 of 2 i Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman sown, ti-RECEIVEDrr c Ellen P.McIntyre,Vice-Chairman pftt`ao ,`qy TOWS. �� ` OFFICE �C4 Richard J.Byers,Esq.Clerk 3? e!....:‘,_ ' `•.•• Hof D.Paul Koch Jr. t q� �r y tt Allan Cuscia * LY'��W i I�.6 PM Jv Associate Members 4%o- ,' Michael P.Members �'+...o Doug Ludgin �'S4CHus�� TOWN A (� AIWA AND4VtE Deney Morganthal SE'1 Town Clerk Time Stamp I Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2014 t notice in the office of the Town Clerk, 1 per Mass.Gen.L.ch.40A, §17 Property at:11 Bixby Avenue(Map 69 Parcel 2),North Andover,MA 01845 I NAME: Robert A Stephenson HEARING(S): June 24,2014,August 12,2014 ADDRESS: 11 Bixby Avenue(Map 69,Parcel 2), PETITION: 2014-005B i 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, August 12, 2014 at 7:30 PM on the application of Robert A Stephenson, for k: property located at 11 Bixby Avenue (Map 69 Parcel 2), North Andover, MA 01845. Petitioner is requesting from the Zoning Bylaws a Special Permit from Section 9.2 Alteration and Extension for a I t pre-existing non-conforming lot and two Variances from Table 2 (Dimensional Requirements) for the three season porch. The Variances needed are for a side yard setback of 7.2 the required is 15 and a rear yard setback of 11.5 the required is 30. Property is located in the R-4 Zoning District. 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 June 10th and June 17th 2014 i' t The following regular voting members were present,Albert P. Manzi III, Ellen P. McIntyre,Richard J. Byers, and Allan Cuscia also associate member, Doug Ludgin. 0" Ludgin made a motion to Grant two Variances in the R-4 Zoning District for Robert A. Stephenson, 11 Bixby Street(Map 69 Parcel 2)for Petition 2014-005B The variances requested are for a side and a rear yard setback. The side yard setback is 7.2,the required F is 15.0(relief of 7.8). The rear yard setback is 11.5,required is 30.0(relief is 18.5). t� With the following condition: At the rear of the lot line where 10-12 Wiley Street abuts 11 Bixby Street a screening type buffer be F installed between the lots. Byers second the motion All those in favor of the Variance Ludgin, Byers,McIntyre and Manzi Voting in the negative Cuscia 4-1 Variance Granted. f 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 Bylaw will involve substantial hardship, financial or otherwise,to the petitioner or applicant. The Board finds that desirable relief may be granted without 1 substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw. i Page 1 of 2 i 1 1 S The Board also finds that the use of the three season porch will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians. The Board finds that the reconstructed 3-season porch previously existed prior to its reconstruction, and will not be substantially detrimental to the existing single-family dwelling and to the neighborhood and that this use, of the 3- season porch will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Site: 11 Bixby Avenue(Map 69,Parcel 2), ,North Andover,MA 01845 Petitioner, Robert A Stephenson. A Special Permit from Section 9.2, f "Alterations & Extensions" and also 2 Variances from Table 2 (Dimensional t- Requirements) for side and rear yard setbacks of the Zoning Bylaws in the R-4 Zoning District, for a three season porch. Plan (s)Title: 1) Plan of the Land"containing one(1)sheet. Prepared by Merrimack it Engineering Services ,Dated November 13,2013 2)"Addition Left Side(partial)and Right Side(addition)", Containing one sheet, `First Floor Plan", Containing one sheet, "Second floor Plan"Containing one sheet, "Rear and Front(addition)", Containing one sheet Prepared by Frank Olney Architect Newton,MA Voting in favor: Albert P.Manzi III, Ellen P. McIntyre,Richard J.Byers,. and Allan Cuscia, Doug Ludgin Voting in the Negative: Allan Cuscia Variance granted 4-1 The Board finds that the applicant has satisfied the provisions of Table 2 and Section 9.2, "Alteration and Extensions"of the Zoning Bylaw in order to allow for the three season porch at 11 Bixby Avenue(Map t 69, Parcel 2),North Andover, MA 01845 in an R-4 Zoning District. Notes: yii 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Re Deeds,Northern District at the applicant's expense. ty g is of 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 1 year of the date of the grant, it shall lapse,and may 1 be re-established only after notice,and a new hearing. k 1', fY' i. OA-l/0 2 1( dr No Andover Zoning Board of Appeals A ert P. Manzi III, Esq., Chairperson Ellen P. McIntyre, Vice Chairperson i' Richard J. Byers, Esq., Clerk. Allan Cuscia Doug Ludgin Decision 2014-005B k: ; 3 Page 2 of 2 I i' = Town of North Andover Town Clerk Time stacnp ZONING BOARD OF APPEALS (Oat..✓biarvzi 333,&q. &ai ma« � No.Men J..McSntgite, Vice- nai aa o` , , ✓icha u y..33ye tz,CC. IP/ ; / ' }� D..aue Nadi Pt. d .Y,'b p y - : Mtn Cu,cia * ? ' * r f azoo fate.MetneleX4 A�0 "°•""• 7 <;::E 0: .5 q .Midlaee J..&pattta 9SSACHust' c Dent*.Mevlgandiat 9Jougeco.euciginn $ Date ' it,/2 i y z` i i Town of North Andover Zoning Board of Appeals 1600 Osgood Street t North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit Comprehensive Permit(40B) Finding For property located at: STREET: // i'iZZ/ /C-V-6T , MAP: 6? PARCEL: 0-- TOWN: North Andover, MA 01845 TO MEETING DATE(S) Ail / 2 / Y /NAME OF PETITIONER: e' e .,f .�Ze 1j e /7s' PNAA5 } s SIGNED: ,_At- Petitioner(or petitioner's representative) 1600 Osgood Street,Building 20-Suite 2035,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com