HomeMy WebLinkAbout- Decision - 247 CHICKERING ROAD 4/18/2019 Town of North Andover
ZONING BOARD OF APPEALS °
2019 APR 18 All 11: 0 9j
D.Paul Koch Jr,,Esq.,Chainxiii Town Clerk'rime Stamp j
r �9I�M1Ui�e7.<
Ellen P.McIntyre, lice-CPiairwa)r
AHaan Cuscla,Clerk
oil III AN'00
Alexandria A,Jacobs,Esq.
s
M
Ronn R.Faigen
Associate Aleviberx
Michael T.Lis
Steven R.Scide
Frank J.IGIBlea
I
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2019
in the office of the Town Clerk pursuant
to Mass. Gen.L. ch.40A, § 17
APPLICANT: APPLICATION DATE:
Enterprise Bank and Trust Company March 14,2019
PROPERTY: HEARING DATE:
247 Chickering Road April 9,2019
North Andover,MA 01845
Map 046.0,Parcel 0004 PETITION:
2019-04
x. PROCEDURAL MSTORY AND STATEMENT OF FACTS
Applicant, by application filed Match 14, 2019, has requested variances pursuant to Town of North
Andover Zoning Bylaws, Section 195-7.1, Lot Area, Table 2 (Dimensional Requirements) and Section
195-7.3 Yards (Setbacks), Table 2 (Dimensional Requirements) in the GB Zoning District; specifically,
Applicant has requested:
A Variance is requested under Section 195-7.1 Lot Area, Table 2 (Dimensional Requirements) of the
Zoning Bylaws. The lot area is 24,952 square feet,the required lot area is 25,000 square feet,the relief
variance needed is 48 square feet.
I
A Variance from Section 195-7.3 Yards (Setbacks),Table 2 (Dimensional Requirements) of the Zoning
Bylaws,for one(1) side setback in the GB Zoning District to construct a bank with a drive-through, Side
setback proposed is 35.0 feet,the required side setback per Table 2 is 40.0 feet,the relief variance needed
i
is 5.0 feet.
A Variance from Section 195-7.3 Yards (Setbacks), Table 2 (Dimensional Requirements) of the Zoning
Bylaws, for one(1)rear setback in the GB Zoning District to construct a bank with a drive-through. Rear
setback proposed is 47.0 feet,the required rear setback per Table 2 is 50.0 feet,the relief variance needed j
is 3.0 feet.
i
A 'Variance from ,Section 195-7.3 Yards (Setbacks), Table 2 (Dimensional Requirements) of the Zoning
Bylaws, for one (1) landscape side setback in the GB Zoning District to construct a bank with a drive-
through. Landscape side setback proposed is 6.0 feet, the required landscape side setback per Table 2 is
15.0 feet,the relief variance needed is 9.0 feet,
A Variance from Section 195-7.3 Yards (Setbacks),Table 2 (Dimensional Requirements) of the Zoning
Bylaws, for- one (1) landscape rear setback in the GB Zoning District to construct a bank with a drive-
PETITIONPa e I of 4
20I9-C1�4 g I
i
Town of North Andover
ZONING BOARD OF APPEALS
through. Landscape rear setback proposed is 6.0 feet, the required landscape rear setback per Table 2 is
15.0 feet, the relief variance needed is 9.0 feet.
The Application requires a hearing before the North Andover Zoning Board of Appeals('Board"), and
due notice of the hearing was given by mailing and publication. Legal notices were sent to all certified
abutters provided by the Assessor's Office of the Town of North Andover and were published in The
Eagle-Ti1h nae,a newspaper of general circulation in the Town of North Andover, on March 26,2019 and
April 2,2019,
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday,April 9,2019 at 7:30 PM with respect to the Property,which is located in the GB.Zoning
District.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) MHF Design Consultants,Inc.,Preliminary Site Plan(sheet I of 1)dated March 6,2019;
MI F Design Consultants,Inc., Site Plan(sheet 4 of l 1)dated March 13,2019;
(2) MHF Design Consultants,Inc,,Existing Conditions Plan(sheet 2 of 11)dated Mai-ell 6,2019;
MHF Design Consultants,Inc,,Existing Conditions flan (sheet 2 of 11)dated March 13,2019;
(3) Cube 3,Building Elevation,one page, undated;
Cube 3,Proposed [Floor] Plan,one page, undated; and
(4) Color aerial photographs.
i
€ The Property is located at 247 Chickering Road in a GB Zoning District.
U. TINDINGS/D18CUSS10N/C0ND1T10NS
The Board has made careful study of the materials submitted and the information presented at the hearing.
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 Bylaws will involve substantial hardship,
financial or otherwise,to Applicant, and 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
Bylaws.
The Board attaches the following conditions to the findings and this decision:
(1) Applicant shall install a fence along the rear/eastern side of the Property to serve as visual
screening;
(2) Applicant shall eliminate parking spaces 3,4,and 5 located in the rear/eastern side of the
Property; and
(3) Applicant shall plant/place and maintain additional dense evergreens on/around the
eastsoutheastern, southeastern,and southsoutheastern corner of the Property,extending along the
eastern and southern-border as necessary,to serve as visual screening.
Therefore,the Board finds that Applicant has satisfied the provisions of the Bylaws to allow the requested
variances in order to construct a bank branch with a drive-through pursuant to the Town of North
Andover Zoning Bylaws Section 195-7.1 and 195-7.3 in the GB Zoning District in accordance with the
plans, other materials,and testimony at the public hearing and the above-listed conditions.
PETITION 20 f 9-04 Page 2 of 4
i
i
i I
Town of North Andover
ZONING- BOARD OF APPEALS
III. MOTION,VOTE,AND DECISION
On April 9,2019,the Board voted to close the public hearing.
A motion was made by Ellen P. McIntyre and seconded by Allan Cuscia to grant the variances requested
under Section 195-7.1 and Section 195-7.3 of the Zoning Bylaws to allow the Variances requested under
Section 195-7.1 Lot Area, Table 2 (Dimensional Requirements) of the Zoning Bylaws and Section 195-
7.3 Yards(Setbacks,Table 2(Dimensional Requirements)as delineated below:
A Variance from Section 195-7.1 Lot Area,Table 2 (Dimensional Requirements). The lot area is 24,952
square feet,the required lot area is 25,000 square feet,the relief variance needed is 48 square feet.
A Variance from Section 195-7.3 Yards (Setbacks), Table 2 (Dimensional Requirements) of the Zoning
Bylaws, for one(1)side setback in the GB Zoning District to construct a bank with a drive-through. Side
setback proposed-is 35.0 feet,the required side setback per Table 2 is 40.0 feet,the relief variance needed
is 5.0 feet.
A Variance from Section 195-7.3 Yards (Setbacks), Table 2 (Dimensional Requirements) of the Zoning
Bylaws, for one(1)rear setback in the GB Zoning District to construct a bank with a drive through. Rear
setback proposed is 47.0 feet,the required rear setback per Table 2 is 50.0 feet,the relief variance needed
is 3.0 feet.
A Variance from Section 195-7.3 Yards (Setbacks), Table 2 (Dimensional Requirements) of the Zoning
Bylaws, for one (1) landscape side setback in the GB Zoning District to construct a bank with a drive-
through. Landscape side setback proposed is 6.0 feet,the required landscape side setback per Table 2 is
15.0 feet,the relief variance needed is 9.0 feet.
A Variance from Section 195-7.3 Yards (Setbacks), Table 2 (Dimensional Requirements) of the Zoning
Bylaws, for one (1) landscape rear setback in the GB Zoning District to construct a bank with a drive-
through. Landscape rear setback proposed is 6.0 feet, the required Iandscape rear setback per Table 2 is
15.0 feet,the relief variance needed is 9.0 feet.
in order to construct a bank branch with drive-through in the GB Zoning District and all in accordance
with(a)the following plans and other materials:
(1) MHF Design Consultants,Inc.,Preliminary Site Plan(sheet 1 of 1)dated Match 6,2019;
MHF Design Consultants,Inc., Site PIan(sheet 4 of 11)dated March 13,2019;
(2) WE Design Consultants,Inc.,Existing Conditions Plan(sheet 2 of 11)dated March 6,2019;
MIF Design Consultants,Inc.,Existing Conditions Plan(sheet 2 of 11)dated March 13,2019;
(3) Cube 3,Building Elevation,one page, undated;
Cube 3,Proposed [Floor]Plan,one page, undated; and
(4) Color aerial photographs;
and(b)the following conditions:
(1) Applicant shall install a fence in the rear/eastern side of the Property to serve as visual screening;
(2) Applicant shall eliminate parking spaces 3,4,and 5 located in the rear/eastern side of the
Property; and
(3) Applicant shall plant/place and maintain additional dense evergreens on/around the
eastsoutheastern,southeastern,and southsoutheastern corner of the Property,extending along the
eastern and southern border as necessary,to serve as visual screening.
PETITION 20I9-04 Page 3 of
Town of North Andover
ZONING BOARD OF APPEALS
The voting members in favor of the variances: D. Paul Koch,Jr.,Ellen P.McIntyre,
Steven R. Seide,Michael T.Lis,and
Frank J. Killilea
The voting members against the variances: None
The non-voting member present: Ronn,R. Faigen
The Chairman declared the Board's vote to be 5-0 to
T THE VARIANCES.
�� 7
Nor i n et Zoning Board of Appeals
D.Pau Ko Jr.,Esq.,Chairman
Ellen P. clntyre,Vice Chair
Allan Cuscia,Clerl
Alexandria A.Jacob ,Esq.
Ronn R.Faigen
Michael T. Lis
Steven R. Scide
Frank J. Killilea
Decision 2019-04
247WcWng raid—Dccision A.0 20190119(pWdun)
Notes:
1. A decision granting a variance or a special permit shall not be in effect until a certified copy of the
decision is recorded at the Essex County Registry of Deeds,Northern District at Applicant's expense.
Further provided that if the Property is registered land then a certified copy of the decision shall also
be filed with the Land Court.
2. A decision granting a variance or special pert-nit as requested by Applicant does not necessarily
ensure the granting of a building permit because 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. Generally, if the rights authorized by a decision granting a variance are not exercised within one(1)
year of the date of the grant then such rights shall lapse and may be re-established after notice and a
new hearing pursuant to the provisions of Mass. Gen.L. ch. 40A, § 10,and the rights authorized by a
decision granting a special permit shall be deemed to have lapsed after a two(2)year period from the
date of the grant unless substantial use or construction has commenced.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
END OF DOCUMENT
PETITION 20I9-04 rage 4 of 4