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Home My WebLink AboutRecorded Decision 1.21.2020 - Decision - 55-57 FURBER AVENUE 1/21/2020 ` 01--21-21j20 .a. - 01 ".28s:p Town of North Andover R E C E W E D ZONING BOARD OF APPEALS rfJ"' `( f,fE'S OFFICE D.Paul Koch Jr.,Esq.,Chairrurru9 AN 8: $ rna p Town Clerk ima 1;Ilen P.IvlcJntyre,T/i<e•Clrniriumf �I...,. f Man Cuscia,Clerk tllexandriaA.Jacobs,>;sq. Aaxorirrle AlesiLerr hlicliael T.Lis Steven R.Seidc Fxank J.Kitlilca This is to certify that twenty(20), have elapsed from date of decisi�,„ Any appeal shall be fled within twentywithout filiinng a appeal, O days after the date of filing of this noe Notice of Decision g CaIendar Year 2019 ciaff in the office of the Town Clerk pursuant lfftcrtm Town Cleric ) to Mass. Gen.L. ch.40A, § 17 EAANT: APPLICATION DATE: ng October 17,2019 : HEARING DATES: r AvenueNovemberr 12,2019 and December 10,2019 ver,MA 01845 Parcel 0054 PETITION: 2019-14 . PROCEDURAL HISTORY,AND STATEMENT OF FACTS Applicant,by application filed October 17,2019,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-Trihune, a newspaper of general circulation in the Town of North Andover, on October 29,2019 and November 05,2019. The Board held public hearings at North Andover Senior Center, 120R Main Street,North Andover,MA on Tuesday,November 12,2019 at 7:30 pm and at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday,December 10,2019 at 7:30pm 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 hearings: (1) Plan of Land showing proposed building prepared by Andover Consultants,Inc, dated November 13,2019 containing one(I)page. . (2) Landscape Plan prepared by Kattman Corporation dated October 07,2019 containing one(1). page. (3) PIan showing proposed house floor plans and elevations prepared by Colonial Drafting dated October 16,2019 containing five(5)pages. (4) Sheet of Plan Revisions prepared by Applicant,undated,containing one(1) ATTEST: page. A 7y,qe copy IAWThe Property is located at 55-57 Furber Avenue in an R-4 Zoning District. I PETITION 2019-14 Page I df I I ry Town. of North Andover r ZONING BOARD OF APPEALS H. FINDINGSIDI(SCUSSI<ON/CONDITIONS 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 fiom 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 anew 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 hearings. M. MOTION VOTE AND DECISION On December 10,2019,the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by Alexandria A.Jacobs to grant the variance requested under Section 195-4.3(A)of the Zoning Bylaws to allow for the demolition an existing single family home and detached garage and construction a new home, specifically, allowing two residential buildings on the Property's single lot,in accordance with the following plans and other materials: (1) Plan of Land showing proposed building prepared by Andover Consultants,Inc. dated November 13,2019 containing one(1)page. (2) Landscape Plan prepared by Kattman Corporation dated October 07,2019 containing one(1) page. (3) Plan showing proposed house floor plans and elevations prepared by Colonial Drafting dated October 1&,2019 containing five(S)pages. (4) Sheet of Plan Revisions prepared by Applicant,undated, containing one(1)page. The voting members in favor of the Variance: D. PauI Koch,Jr.,Allan Cuscia, Alexandria A.Jacobs,Michael T.Lis,and Frank J.Kiliilea The voting members against the Variance: None The non-voting members present: Ellen P.McIntyre and Steven R. Seide nM RENLUNDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS PETITION 2019-14 Page 2 of 3 f Town of North Andover ZONING-BOARD OF APPEALS The Chairman declared the Board's vote to be S-ACusoia, THE VARIANCE. ei Zoning Board of Appeals Jr. Esq.,Chairman tyre Vice Chair Cler.Jaco ,Esq. Ronn R. Faigen Michael T.Lis Steven R. Seide Frank J.KilIilea Decision 2019-16 5S47 tuAcramn—dodsionN220191212 Epk•2dmn) '.. 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 fled 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2019-14 Page 3 of3 ;Plan--Rev isvns. 55-57 Furbei AVe, North Andover, MA 01844 . The plan has been revised frorri:its;originalsui;rriittai:back on Na�ember.l0t"due 10 the ton and: n i'hbors' concerns. - The issues.raised are as:foliows:•.. .1: .Water run off.from proposed driveways:•. Engineer-proposed new percolating-draioagp trench at.the' rear'of the drivevtiiays:to catch any ' runofffrom.the proposedpaved'areas. 2. Neighbors re.quested•a fence 6n.fhe`r6ar�,toperty-line.: :• The engineer has depicted whew 6'.fehce At the rear property line_and a,pew 6'..fence transitioning to a 4' fence to tho..`Wft.and.right aft'.6 proposed-single family . 34 briveway,rf�duction for proposed'single fiamily home. The Engineer reduced the driveway w.15%to satisfy the board.-