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Home My WebLink AboutDecision - 54 PHILLIPS COURT 1/13/2017 F- .X Town of North Andover ZONING BOARD OF"PEALS F' Albctt P.1lznLi 111,Esq.Chab:wal, r Ellen P Mcintyre, Vjce-Cjjajj7,,1,jj, D.Paul Koch jr,Esq.Clerk Douglxdgcrin 2P IS DEC 23 11' Allan Cuscia AssoaafeAfemberj j Dency Morgantlial Nathan WLinreicli V. -Vexandfia Jacobs This is to QWVY that W-enty(20)danwa Thn,_Smmp have elaf)sf)d kVrn date of decision,filed Without filing of an appal. e iled within(20) Notice of Decision Any appeal shall be f J3 Dat Joyce A.Brads aw days after the date of filing of this Year 2016 TMn Clark notice in the Office of the Town Clerk, per Mass. Gen.L. ch, 40A, §17 Property at: 54 Phillips Court(Map 95 Parcel 035),North Andover,MA 01845 NAME Ryan Schruender HEARING(S): June 28,2016,August 18,2016, September 13,2016, October 10,2016,November 01, 2016 &December...... er 13, 2016 ADDRESS: 54 Phillips Court,North Andover, PETITION: 2016-007 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, December 13, 2016 at 7:30 pm on the application of Ryan Schruender, for property located at 54 Phillips Court (Map 95, Parcel 035), North Andover, AU 01845. The P titioner is requesting Variances oTnTable 2 (Summary of Dimensional Requirements)of the Zoning Bylaw. * Variance of 5,000 square feet is requested from the required minimum lot area of 12,500 square feet pursuant to Section 7.1 in the R-4 Zoning District;proposed is 7,500 square feet. 0 Variance of 25 feet is requested from the required minimum Lottof 100 feet pursuant t inirn Width n o Seation 7.1.2 in the R-4 Zoning District;proposed is 75 feet. * Variance of 8.4 feet is requested from the required minimum side Setback of 15 feet pursuant to Section 7.3 in the R-4 Zoning District Required is 15 feet;proposed is 6 6jeet Legal notices were sent to all the certified abutters provided by the Town of North Andover Assessors Office, Lind were published in the Eagle-Tribune, anewsPaPer of general circulation in the Town of North Andover, on jun e 10'and June 215t 2016 The following regular voting members were present,Albert P.Manzi 111,Ellen P. McIntyre, Paul Koch and Dot,,-,; Ludgin also associate member,Deney Morganthal,Nathan Weinreich and Alexandria Jacobs D.Paul Koch made a motion to Grant Variances under Sections 7.1, 7.1.2 and 7.3 & Table 2 of the Zoning Bylaw in the R-4 Zoning District for dimensional variances for 54 Phillips Court(Map 95,Parcel 035). * Variance of 5,000 square feet is requested from the required minimum lot area of 12,500 square feet pursuant to Section 7.1 in the R-4 Zoning District;granted is 7,500 square feet. * Variance of 25 feet is requested from the required minimum Lot Width of.100 feet pursuant to Section 7.1.2 in the R-4 Zoning District;granted is 7,5feet. * Variance of 8.4 feet is requested from the required minimum side setback of 15 .feet pursuant to Section 7.3 in the RA Zoning District Required is 15 feet;granted is 6.6 feet Doug Ludgin-seconded the motion to grant the Variance All those in favor of the Variances were Ellen McIntyre,D.Paul Koch,Deney lWorganthal and Doug Ludgin. 4-0 all in favor ATTEST: A 'frtlo Coo' Page 102 eV ToNvil (111.11 Chairman Albert Manzi III declared the Variance Approved. 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 petitioners or applicants. 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 of the purpose of this bylaw. 6 The Board also finds that the minimum lot area will not adversely affect the neighborhood.There will be no nuisance or serious hazard to vehicles or pedestrians. The Board also finds that the minimum lot area will not be 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,07.845 R-4 Zoning District Plan(s)Title: L "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 Machmis, dated 09/23/2016 3. Plan of Phillips Court prepared by Ralph B Brasseur C.E. dated 10/05/1953 E Voting in favor: Deney Morganthal, Ellen Mcl_ e,D.Paul Koch and Doug Lud Voting in the Negative: 0 Variance granted 4 in favor Granted The Board finds that the applicant has satisfied the provisions of 7.1, 7.1.2 and 7.3 &Table 2,for 54 Phillips Court (Map 95,Parcel 035)of the Zoning Bylaw in order to allow for minimum lot area,North Andover,MA 01.845 in an R-4 Zoning District. 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 I year of the date of the grant,it shall lapse, and may be re- established only after notice,and a new hearing, N h Andover Zoning.Board of Appeals Ibert P.Manzi 711,Esq., Chairperson Ellen P. McIntyre, Vice Chairperson Paul Koch Doug Ludgin Decision 2016-007 Page 2 of 2