HomeMy WebLinkAboutDecision - Recorded - Decision - 55-57 FURBER AVENUE 3/18/2021 Town of North Andover
ZONING BOARD OF APP_1:' -i' _
D.Paul Koch Jr.,Esq.,Chairman „n5 Drdmp=V;z- Lj
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Ronn R.Faigen, IJiee-Chairman
Allan Cusda,Clerk
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Ellen P.McIntyre Fs
Alexandria A.Jacobs,Esq.
Anrodate Members
Michael T.Lis _.._ ..._
Steven R.Seide
Frank).I{Illilea
Any appeal shall be filed within twenty Notice of Decision �-t,is IS,to certfiy a e {20)�n
days after the date of filing of this notice Calendar Year 2021 leave elapsed fromdatt e o of f �'{'
of ana'P l
in the office of the Town Clerk pursuant , i,otet fili tG
to Mass. Gen. L. ch.40A, § 17 `Trusty t-,
-T,ym Clerk
APPLICANT: APPLICATION DATE:
Mcghan Larkin January 14,2021
PROPERTY: HEARING DATE:
55-S7 Furber Avenue February 09, 2021
North Andover,MA 01845
Map 84,Parcel 54 PETITION:
2021-03
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant,by application filed January 14,2021,has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-4.3(A) in the R-4 Zoning District, in addition to the variance
previously granted allowing two (2)buildings on one lot,Applicant requested to modify the existing ZBA
decision to allow the single family horde at 57 Furber Avenue to remain on the Property which would
allow the Applicant to convert the three-family home at 55 Furber Avenue to a two-family dwelling. The
relief variance needed is one(1)additional building per 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 January 25,2021
and February 01,2021. -
The Board held a virtual public hearing on Tuesday,February 09,2021 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) Certification Plan prepared by Andover Consultants,Inc. dated June 1,2020,containing one(1)
page; and
(2) Decision by North Andover Zoning Board of Appeals dated March 2*,2020, containing three(3)
pages.
The Property is located at 55-57 Furber Avenue,North Andover,MA 01845 in the R-4 Zoning District.
Awe COPY
PF-TTFION 2021-03 UX' Page, of 3
Town
Torun of North Andover
ZONING BOARD OF APPEALS
IL FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing.
The Board finds that no circumstances have changed which affect the underlying findings of the Board's
decisions regarding this Property. The Board further finds that circumstances involving the COVID-19
pandemic and the tenancy of one of the dwelling units on the Property have affected the logistics of
Applicant's execution of the required demolition of a structure on the Property. Such circumstances do
not affect generally the zoning district in general,and a literal enforcement of the provisions of the earlier
decisions and 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 further finds that the relief
requested by Applicant is not desirable,and that the Board will limit the scope and length of the relief
granted hereby.
Therefore, the Board finds that Applicant has satisfied the provisions pursuant to the Town of North
Andover Zoning Bylaws Section 195-4.3(A)to temporarily allow three(3)residential buildings on one
lot until June 23,2021 in order to demolish an existing single-family home and detached garage on the
Property which is in the R-4 Zoning District; specifically,Applicant has requested three(3)residential
buildings per lot(the Property is one(1)lot)until June 23,2021,one residential building per lot allowed
but a variance was previously granted allowing two(2)residential buildings on the Property. The relief
variance needed is one(1)additional building on the Property(a single lot)until June 23,2021 in
accordance with the plan,other materials, and testimony at the public hearing.
III, MOTION,VOTE,AND DECISION
On February 09,2021 the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by Alexandria A.Jacobs,Esq. to grant a variance
requested under Section 195-4.3(A)of the Zoning Bylaws to allow three(3)residential buildings on one
lot until June 23,2021 in order to allow the Applicant time to resolve logistical issues related to a tenancy
at the Property and demolish an existing single-family home and detached garage on the Property which
is in the R-4 Zoning District in accordance with
(a) the following plans and other materials:
(1) Certification Plan prepared by Andover Consultants, Inc. dated June 1,2020,containing one
(1)page; and
(2) Decision by North Andover Zoning Board of Appeals dated March 24, 2020,containing three
(3)pages; and
(b) the following conditions:
(1) Apply for a demolition permit for an existing single-family home by February 28,2021; and
(2) Commence demolition of an existing single-family home and detached garage by June 23,
2021.
The voting members in favor of the variance: D. Paul Koch,Jr.,Esq.,Ronn R. Faigen,
Alexandria A. Jacobs,Esq.,and Ellen P.McIntyre
The voting members against the variance: Allan Cuscia
The non-voting members present: Michael T. Lis, Steven R. Scide,Frank J. Killilea
PETITION 2021-03 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
TH The Chairman declared the Board's vote to be 4-1 to G R4N W E VARIANCE.
North A over unig Board of Appeals
D. Paul K ch Jr., sq.,Chairman
Ronn R. Faigen,Vice Chair
Allan Cuscia,Clerk
Ellen P. McIntyre
Alexandria A. Jacobs,Esq.
Michael T.Lis
Steven R. Scide
Frank I Killilea
Decision 2021-03
35-37 ht� dd i6.3 v2 20210219(Pk-241ajdU
Notes:
I. 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 corarnenced,
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