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Home My WebLink AboutMiscellaneous - 245 BRIDLE PATH Town of North Andover ZONING BOARD OF APPEALS, !-.(z..,,--;l< k ,:,r st ,,,t, Vbeo P. Manzi III, Fs9. Chairman F:Ilcn I' McIntyre, I 't,?-C77airman f NORT►� Richard) Byers,Esq. (,jerk O`41„1" . '6 ~O ^R V 20 'P" t. '- ioscph D. LaGrasse L David R. Webster - yo-; • ,'sco zate 21femherr 4:0 .1homas D.Ippolito ! Richard M. C'aillancourt *• - • ,` r f"r amid S. Braese, I.sq. �SSACHUS*. 1 1 S This is to certify that hyenty(20)days , have elapsed ffbm date of decision,filed without filing of an appeal. Any appeal shall be filed within Date 1 Notice of Decision Joyce A.Bradshaw I (20)days after the date of filing Year 2007 Town Cllr of this notice in the office of the Town Clerk,per Mass. Gen. L.ch. 40A,§17 Property at: 245 Bridle Path NAME: Denise Grasso HEARING(S): November 13,2007 ADDRESS: 245 Bridle Path PETITION: 2007-020 North Andover,MA 01845 TYPING DATE: November 14,2007 t • The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main l Street,North Andover,MA on Tuesday,November 13,2007 at 7:30 PM upon the application of Denise Grasso, I 245 Bridle Path(Map 64,Parcel 74),North Andover requesting a dimensional Variance from Section 4,Paragraph t' 4.136.3.c.ii.3 of the Zoning Bylaw in order to construct a detached accessory garage within the 100'buffer from t,. bordering vegetated wetlands and within the Water Protection District's Non-Disturbance Buffer Zone. Said premise affected is property with frontage on the West side of Bridle Path within the R-1 zoning 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 October 22&October 29,2007. t t The following voting members were present: Ellen P.McIntyre,Joseph Vaillancourt and Daniel S. Braese. The following non-voting member was present: Thomas D. Ipolit Richard. M. it Upon a motion by Joseph D.LaGrasse and 2°d by Richard J. Byers the Board voted to GRANT a dimensional t Variance from Section 4,Paragraph 4.136.3.c.ii.3 of the Zoning Bylaw for relief of 42'from the 100'buffer from bordering vegetated wetlands and within the Water Protection District's Non-Dishubance Buffer Zone in order to construct a proposed 3-stall detached garage per: 1 Site: 245 Bridle Path Site Plan Title: (Map 64, Parcel 74),North Andover,MA 10845 Site Plan, 245 Bridle Path, North Andover,MA Assessors Map 64,Lot 74, , prepared for Denise Grasso,245 Bridle Path, North Andover,MA 01845 t t. Date(&Revised Dates): February 27,2006,Revised 7-5-06, 7-11-06: Adjusted Location B6-B8,Re- t issued 10-10-07 Registered Professional David Alves,R.P.L.S. #45454, New England Engineering Services, Inc., Land Surveyor 1600 Osgood Street,Building 20, Suite 2-64, North Andover,MA 01845 Sheet/Drawing Sheet 1 of 1,File# 1059-7-11-06 t. Building Plan Title Elevation Plan, 245 Bridle Path, North Andover, MA, i Lot 74 ' Assessors Map 64, prepared for:Denise Grasso,245 Bridle Path,North Andover,MA k- 01845 BY: New England Engineering Services, Inc., 1600 Osgood Street,Building 20, Suite 2-64, North Andover,MA 01845 Date: June 12, 2006,revised 6/27/06 t Sheet/Drawing : Sheet 1 of 1,File# 1059 EP--6-27-06 it Page 1 of 2 k 1600 Osgood ut Osgd Street, Building 20-Suite 2-36,North Andover. Massachusetts 01845 Phone-978-688-0541 Fax-978-688-9542 Web-v,ww.tounolnorthandover.com Town of North Andover 4. ZONING BOARD ,° ' i,rk r„ < s;, ,p \lbcrt P.Manzi III,Esq. Chairman OF APPEALS Ellen P. .'sfcIntyre, 1 ire Chairman f NoRTry Richard I. Byers,Esq. (.7crk tt�■° " 4O Joseph � David R. Webster F. 9 Lcro,rale.1lemfierr Thomas D. Ippolito �` Richard M. Vaillancourt �+ "`• , # °��r�o „r�`1g i Daniel S. Braese,Esq. ,SSACHUS�� 1, k with the following conditions: 1. The applicant shall receive a Conservation Commission Order of Condition of the proposed it detached accessory garage. 2. The applicant shall receive a Planning Board Special Permit approval of the proposed detached accessory garage. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse,Richard J. Byers,Richard M. Vaillancourt and Daniel S. f Braese. The Board finds that owing to circumstances relating to the g topography of 245 Bridle Path and its structures and r. especially affecting 245 Bridle Path and its structures but not affecting generally the R-1 Zoning District in which it is located,a literal enforcement of the provisions of Section 4,Paragraph 4.136.3.c.ii.3 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that 245 Bridle Path is Lot 16A on the Revised Plan of Land Located in North Andover,Prepared for Landsail,Inc., revised date June 6, 1978, Frank C. Gelinas&Associates,Engineers& Architects,N.E.R.D. Plan 7847. The Board finds that the property was developed prior to the establishment of the Watershed Protection District in 1988. The Board finds that garaged vehicles in a structure with downspouts and an infiltration chamber will provide greater protection to t the existing wetlands than vehicles parked on the driveway. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 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 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. T' i North Andover Zoning Board of Appeals Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Associate Members Richard M. Vaillancourt Daniel S. Braese, Esq. Decision 2007-020 M64P74 1 600 Osgood Street. Building 20-Si' e 2-4),N rth Andover. Massachusetts 01845 '` Phone-978-688-9541 Fax-97 t 5%4 s Web-uWw.tolrnofnorthandovcr.com i €€ II a From:IAS 9788879599 11/20/2007 11:21 VMS r.UU Iwo Town of North Andover Town Cat:&rime Sump ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Clain me non P.McIntyre,Via-Chaim. of i,r • s' Richard J.Byeu,Esq.Clmi �� w• �• 4. g: Joseph D.LsGrne David S Web's= a Anode* '► l Moms D.Ippobto s 'e► -. ,p Richard l�I.VaRtanconrt 'b '.•+�3►t� David S.hose,Bsq. :r�c►w� with the ihilowing conditions: 1• The applicant shall receive a Conservation CbmaNs—Order of Condition of the proposed detached actosoary gangs. b The applicant shall receive a Pinnies Board Special Permit approval of the proposed pram Voting in aver: BUea P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Richard M VaiUanoomt and Daniel S. The Board finds that owing to circumstances relating to the topography of 245 Bridle Path and its structures and especially aftbcting 245 Bridle Path and its structures but not affecting generally the R-1 Zoning District in which it is located,a literal enforcement of the provisions of Section 4,Paragraph 4.136.3.c.0.3 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that that there was no written or spoken r' opposition. The Board finds that 245 Bridle Psth is Lot 16A on the Revised Plan of Land Located in North Andover,Preprint for Landfall,inc.,revised date June 6,1978,Frank C.Gelb=&Associates,Engineers& 1' Architect',N.E.R.D.Plan 7847. The Board finds that the property was developed prior to the establishment ofthe Watershed Protection District in 1958. The Board finds that garaged vehicles in a structure with downspouts and an ia6liradon<bantber will provide greaser protection to t the miming wetlands than vehicles parked on the driveway. The Board finds that desirable reef may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1.This decision shall not be in Act until a copy of this decision is recorded at the Essen Cooly Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Wilding permit as the applicant must abide by all applicable local,state,and*decal building codes and regulations,prior to the issuance of a building permit as required by the Building Ci Firthermore,tithe rights authorized by the Variance are not exercised within one(1)year of the date of the grant, it shall lapse,and rosy be recstablsLed 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 protraction has commenced,it dhsil lapse and may be re-established only after notice,and a new hearing. _ eb,7 / /9) North Andover Zoning Board Appreld11--- Ellen P.McIntyre,Vice Merman Richard J.Byers,Esq.,Cisrk Joseph D.LaGrasse Associate Members Richard M.Vaillancourt Daniel S.Brame,Esq. Decision 2007-020. : M64P74. Phone-978-6884541 600 Osgood Street,Building - Andover, 01845 Web-wvwv.towm4nortimadover con