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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 THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 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