HomeMy WebLinkAboutRecorded Decision - registry of deeds 9.9.20 - Decision - 20 FOXHILL ROAD 9/9/2020 Town of North Andover rY ;
ZONING BOARD OF APPEALS
D.Paul Koch Jr.,Esq.,Chairman 'Town Cl� meS' , "1 8� #�
Ellen P.McIntyre,Vice-Chairman i D� � ' •� 3
Allan Cuseia Clerks a;
Alexandria A.Jacobs,Esq.
Ronn R.Faigen
Associate Members
Michael T.Us
Steven R.Seide B k 16483 P a 3 2 3 8,2
Frank J.Killilea 13 9--0 2 87-1 2 C, So 17 gs.
Any appeal shall be filed within twenty Notice of Decision ATrue Copy
days after the date of filing of this notice Calendar Year 2020 k'ja�4
in the office of the Town Clerk pursuant Town Clerk
to Mass. Gen.L. ch.40A, § 17
APPLICANT: APPLICATION DATE:
Michael Scully July 15,2020
PROPERTY: HEARING DATE: °ri
20 Fox Hill Road August 11,2020 rVP�
North Andover,MA 01845
Map 37C,Parcel 49 PETITION: o S
2020-06
o.
ly
1. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant,by application filed July 15,2020,.has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-7.3 Yards(setbacks),Table 2: Summary of Dimensional
Requirements in the R-2 Zoning District; specifically,Applicant has requested a right side setback for the
purpose of constructing an addition on to the existing home with respect to the Property.
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 July 27,2020 and
August 03,2020.
The Board held a public hearing remotely via conference call on Tuesday,August 11,2020 at 7:30 p.m.
with respect to the Property,which is located in the R-2 Zoning District.
The following plans and exhibits were submitted with the Application or at the public hearing(s):
(1) Plot Plan prepared by John D. Sullivan III,P.E. dated February 18,2020 containing one(1)page;
(2) Floor Plans(existing and proposed) and Framing Plans dated April 26,2020 and May 2,2020
containing nine(9)pages,
(3) Elevation Plans dated February 7,2020 and April 26,2020 containing six(6)pages;
(4) Letter from Donald F.Borenstein,Esq. dated July 13,2020 containing three(3)pages;
(5) Printed PowerPoint deck,undated,containing ten(10)pages; and
(6) Various Letters from Abutters in Support of Application..
The Property is located at 20 Fox Hill Road in the R-2 Zoning District. Pursuant to the plans,the
Property is non-conforming due to the right side setback.
PETITION 2020-06 Page 1 of 3
Town of North Andover
ZONING BOARD OF APPEALS
II. FINDINGSIDISCUSSIONICONDITIONS
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 construct an addition to the single family home pursuant to the Town of North Andover Zoning
Bylaws Section 195-7.3 Yards(setbacks),Table 2: Summary of Dimensional Requirements in the R-2
Zoning District in accordance with the plans,other materials, and testimony at the public hearing.
III. MOTION,VOTE,AND DECISION
On August 11, 2020,the Board voted to close the public hearing.
A motion was made by Alexandria A. Jacobs and seconded by Ronn R. Faigen to grant the variance
requested under Section 195-7.3 Yards(setbacks), Table 2: Summary of Dimensional Requirements of
the Zoning Bylaws to allow the construction of an addition on to the existing home in accordance with the
following plans and other materials:
(1) Plot Plan prepared by John D. Sullivan III,P.E. dated February 18,2020 containing one(1)page;
(2) Floor Plans (existing and proposed)and Framing Plans dated April 26, 2020 and May 2,2020
containing nine(9)pages;
(3) Elevation Plans dated February 7,2020 and April 26,2020 containing six (6) pages;
(4) Letter from Donald F.Borenstein, Esq. elated July 13, 2020 containing three(3)pages;
(5) Printed PowerPoint deck,undated,containing ten(10)pages; and
(6) Various Levers from Abutters in Support of Application,
The voting members in favor of the variance: Paul D. Koch, Jr., Esq.,Alexandria A. Jacobs, Esq.,
Ronn R. l;aigen,Michael T. Lis, and Steven R. Seide
The voting members against the variance: None
The non-voting members present: Frank J. Killilea
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SIGNATURE PAGE FOLLOWS
PETITION 2020-06 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
The Chairman declared the Board's vote to be 5-0 to T THE VARIANCE.
i
Nor And er Zoning Board of Appeals
D. Paul Koch r.,Esq.,Chairman
Ellen P. McIntyre,Vice Chair
Allan Cuscia,Clerk
Alexandria A.Jacobs,Esq.
Ronn R. Faigen
Michael T. Lis
Steven R. Seide
Frank J. Killilea
Decision 2020-06
20 fux 1,�Ii—Dxil3 nY22020A IS
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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END OF DOCUMENT
PETITION 2020.06 Page 3 of 3
r
RECEIPT
Printed: September 9, 2020 @ 12:17:3
Essex North Registry
M. Paul Iannuccillo
Register
Trans#: 18198 Oper:LRRECJON
MICHAEL C SCULLY 8 ERIN J SCULLY
Book: 16483 Page: 83Inst#:v23825
Ctl#: 142 Rec:9-09-2020 ® 12:17;18P
NAND 20 FOX HILL RD
DOC DESCRIPTION TRANS AMT
DECISION
Surcharge CPA $50.00 50.00
50.00 recording tee 50.00
5.00 TECH F€€ 5.00
Total fees: 105.00
wkw Total charges: 105.00
CHECK PM 2669 105.00