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Home My WebLink About2017.01.13 REGISTERED DECISION 320 PLEASANT STREET J_ Town of North Andover ZONING BOARD OF APPEALS Albea P.Alanxi 111,Rzq.Chaitmaj, D.Paul Koch Jr,Esq.Clerk Dutig Ludj�n 2016 DEC 23 PJ1 9 37 Allin Cuscht �Jssadateklembm DmieyMovganthal Nathan Weinreich Aluuixdriajacobs Th Is is to QWWy that twenty(20)days have elapsed*OM date of decision,fl"Clerk Tilm,Sm-rip VA tout filing of an appeal. IJ'7 JOYCO A.Glfadgh6w Any appeal shall be filed within(20) Notice of Decision Tom Clark days after the date of filing of this Year 2016 notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, §17 Property at: 320 Pleasant Street(Map 95 Parcel 036).,N7i)k ti, Andover,MA 01845 NAWE,Ryan Schruender PEARING(S): June 28,2016,August 18, 2016, September 13,2016, October 10,2016,November 01,2016&December 13, 2016 3_20—Pleasant Street,Ro-i—ffi Andover PETITION: 2016-008 LLN1A. 01845 The North Andover Board of Appeals held a public hearing at The Town Hall, at 120 Main Street,North Andover, IVIA on Tuosday,December 13,2016 at 7:30 PM on the application of Ryan Schruender,for property located at Zj 0 Pleasant Street (Map 95, Parcel 036), North Andover, AIA 01845. The Petitioner is requesting a. dimensional. Variance of 2,033 square feet from the required minimum lot area of 12,500 square feet pursuant to Section 7.1 and Table 2 of the Zoning Bylaw (Dimensional Requirements for Lot Area) in the R-4 Zoning District. Lot ivea, piroposed is 10,467. Legal notices were sent to all the certified abutters provided by the.Town of North Andover,Assessors Offioe, anci were published in the Eagle-Tribune, a newspaper of general circulation in the To"of North Andover. on June 140'and June 21St 2016 The following regular voting members were present,Albert P.Manzi M,Ellen P. Mchityre,Paul Koch acro!.Do-,I,, ,udgin also associate member,Deney Morganthal,Nathan Weinreich and Alexandria Jacobs D.Paul Koch made, a motion to Grant the Variance under Section 7.1 and Table 2 of the Zoning Bylaw in tbe 11%1-4' Zoning District for 320 Pleasant Street (Map 95,Parcel 036),A Variance of 2,033 square feet from &raqairc.d minimum lot area of 12,500 square feet pursuant to Section 7.1 and Table 2 of the Zoning Bylaw (Dime.risional Requirements for Lot Area)in the R-4 Zoning District.Lot Area,granted is 10,467. Doug U dgin second the motion to grant the Variance All those in favor of the Variances were Ellen McIntyre,D.Paul Koch,Deney Morganthal and Doug Ludgin, 4-0 all in favor Cb---t-irman Albert Manzi M declared the Variance Approved. Tal t1 Board finds that owing to circumstances relating to soil conditions, shape, or topography ofthe land or structures and especially affecting such land or structures but not afteciing gfunerally the zoni g district in geaeral, a litera-1 enforcement of the provisions of flie Bylaw will involve substantial hards-1,,lip,fmancial or otherMse, to the prAitioners or applicants. The Board finds that desirable relief may be granted without substantial detriment to the pubjic good and without nullifying or substantially derogating fToi.n the intent of Purpose.of this bylaw. Th'e Board also finds that the minimum lot area will not adversely affect the neighlborhood.There will be no nuisance or serious hazard to vehicles or pedestrians. The Board also finds th 4YWd-fflinjmvw.:lot area will,not b� '\ Ti.uo Copy pagI of"4 Tow4-1 Ciol'k t substantially detrimental to the existing dwelling and lot as well as the neighborhood and that'the minimum lot area will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Site: 320 Pleasant Street(Map 95,Parcel 036),North Andover,MA 01845 R-4 Zoning District Plan(s)Title: 1. "Site Plan"containing one(1)sheet, Showing Map 95,and Parcels 35 &36,Prepared by Marchionda, Dated 06/16/2016 2. Proposed New Construction Set containing five(5) sheets, drawn. by,Martha Maclunis,dated 09/23/2016 { 3. Plan of Phillips Court prepared by Ralph B Brasseur C.E. dated 10/05/1953 Voting in favor: Deney Morganthal,Ellen McIntyre,D.Paul Koch and I3on Lud in. Voting in the Ne ative: 0 Variance granted 4 in favor(Granted) The Board funds that the applicant has satisfied the provisions of Table 2 and Sections 7.1, for 320 Pleasant Street (Map 95,Parcels 036)of the Zoning Bylaw in order to allow for minimum lot area,North Andover,MA 01845 in an R-4 Zoning District. Notes: i. 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 1 year of the date of the grant,it shall lapse, and may be re- established only after notice,and a new hearing. Noyth Andover Zoning Boar f Appeals Aibert P.Manzi III,Esq., Chairperson Ellen P. McIntyre, Vice Chairperson Paul Koch Doug Ludgin Deney Morganthal Decision 2016-008 i i Page 2 of 2