HomeMy WebLinkAboutDecision-Time Stamped 55-57 Furber Ave - Decision - 55-57 FURBER AVENUE 3/24/2020 Town of North Andover
ZONING BOARD OF APPEALS
D.Paul Koch Jr.,Esq.,Chaimma Town Clerk Time Stamp
Ellen P.McIntyre,Vire-Cbairmare Z � ;1 21,, e<,5
Allan Cuscia,Clerk1 .�
Alexandria A.Jacobs,Esq.
Ronn R.Faigen ;
A soriate Meruben
Michael T.Lis
Steven R Seidc
Frank J.Killitea
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2020
in the office of the Town Clerk pursuant
to Mass. Gen.L. ch.40A, § 17
APPLICANT: APPLICATION DATE:
Meghan Larkin f/k/a Meghan Long February 11,2020
PROPERTY: HEARING DATE:
55-57 Furber Avenue March 10,2020
North Andover,MA 01845
Map 081.0,Parcel 0054 PETITION:
2020-03
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
This Notice of Decision supersedes the Notice of Decision for Petition 2019-14 filed with the Town Clerk
on December 19,2019.
Applicant,by application filed February 11,2020 has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-4.3(A)in the R-4 Zoning District; specifically,Applicant has
requested a Variance to demolish an existing single family home and detached garage and construct a new
home in the R 4 Zoning District,specifically,Applicant has requested two residential buildings with
respect to the Property comprised of a single lot.
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-Tribune, a newspaper of general circulation in the Town of North Andover,on February 25,2020
and March 3, 2020.
The Board held a public hearing at North Andover Senior Center, 120R Main Street,North Andover,MA
on Tuesday,March 10, 2020 with respect to the Property,which is located in the R 4 Zoning District.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Plan of Land showing proposed building prepared by Andover Consultants,Inc.,dated November
13, 2019 and revised January 27,2020 containing one(1)page.
(2) Plan showing proposed house floor plans and elevations prepared by Colonial Drafting dated
January I4,2020 containing two(2)pages.
(3) Plan showing proposed house floor plans and elevations prepared by Colonial Drafting dated
October 16,2019 containing five(5)pages.
(4) Landscape Plan prepared by Kattman Corporation dated October 07,2019 containing one(1)
page.
PETITION 2020-03 Page f of 3
Town of North Andover
ZONING BOARD OF APPEALS
The Property is located at 55-57 Furber Avenue in R-4 Zoning District.
II. FINDINGSIDISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the
hearings.
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.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested variance in
order to demolish an existing single family home and detached garage and construct a new home,
specifically,allowing two residential buildings on the Property's single lot pursuant to the Town of North
Andover Zoning Bylaws Section 195-4.3(A)in the R-4 Zoning District in accordance with the plans,
other materials, and testimony at the public hearing.
Additionally,this Application follows Applicant's application filed October 17,2019 for which a Notice
of Decision was filed on December 19,2019. This Application,however,includes modification to the
foundation size,increasing it by forty-eight(48)square feet, in order to increase the size of the family
room;the modification does not require any supplemental,additional, or enhanced relief Furthermore,
Applicant stated that the Application does not include any changes other than the square footage of the
footprint and that all conditions resulting from the prior application have survived in the current
Application(specifically including the fence(shown on the plans)and the infiltration trenches(shown on
the plans).
III. MOTION VOTE AND DECISION
On March 10,2020,the Board voted to close the public hearing.
A motion was made by Ellen P.McIntyre and seconded by Michael T.Lis to grant the variance requested
under Section 195-4.3(A)of the Zoning Bylaws to allow the demolition of an existing single family home
and detached garage and construction of a new home,specifically,allowing two residential buildings on
the Property's single lot, in accordance with(a)the following plans and other materials:
(1) Plan of Land showing proposed building prepared by Andover Consultants,Inc., dated November
13, 2019 and revised January 27,2020.
(2) Plan showing proposed house floor plans and elevations prepared by Colonial Drafting dated
January 14,2020 containing two(2)pages.
(3) Plan showing proposed house floor plans and elevations prepared by Colonial Drafting dated
October 16,2019 containing five(5)pages.
(4) Landscape Plan prepared by Kattman Corporation dated October 07,2019 containing one(1)
page.
and(b)the following conditions:
(1) That the Notice of Decision dated December 19,2019 regarding Petition number 2019-14 is
superseded but the underlying conditions survive(as referenced hereinabove).
PETITION 2020-03 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
The voting members in favor of the Variance: D.Paul Koch,Jr.,Esq.,Ellen P.McIntyre,
Michael T.Lis,and Steven R. Seide
The voting members against the Variance: None
The non-voting members absent: Allan Cuscia,Alexandria A.Jacobs,
Ronn R.Faigen,and Frank J.Killilea
The Chairman declared the Board's vote to be 4-0 to T THE VARIANCE.
No Ado r Aning Board of Appeals
D.Pa I ch r.,Eq.,Chairman
Ellen clntyre, ce Chair
Asian Cuscia,Clerk
Alexandria A.Jacobs,Eisq.
Ronn R.Faigen
Michael T.Lis
Steven R.Seide
Frank J.Killilea
Decision 2020-03
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 permit 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.
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PETITION 2020-03 Page 3 of 3