HomeMy WebLinkAboutRecorded ZBA Decision - Decision - 15 FURBER AVENUE 12/12/2022 Town of North Andover Bk 17642 Pg12 6 #2 8 217
ZONING BOARD OF APPEALS 12-12-2022 @ 11 : 31a
Ronn R.Faigcn_Chair Town Clak- imn Stamp
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AILan Cuscin.Cberiz f
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Associate 1lextitrs
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Laura Craig-Comin
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This is Certify
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Any appeal shall be filed within twenty Notice of Decision have elapsed f*Gin dale
dad s after the date of filing of this notice Calendar Year 2022 without fill o an =,
in the office of the Town Clerk pursuant Carla Dawne warren
to Mass.Gen.L. cll.40A, § 17
Town Clerk
APPLICANT: APPLICATION DATE: f
Hassan H. Goaless, Manager of the Al Rayyan August 17, 2022
Group. LLC
PROPERTY: HEARING DATES: i
15-17 Furber Avenue September 27, 2022 and November 15. 2022
North Andover.MA 01845
Map 067.0, Parcel 0063 PETITION:
2022-015
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS ` �/
is
Applicant by application filed August 17,2022, has requested a special permit pursuant to Town of
North Andover Zonind Bylaws, Section 195-9.2 Alteration or extension of a pre-existing,nonconformin-
structure in the R-4 Zoning District; specifically, Applicant has requested to demolish the existing two-
unit structure and construct a new two-unit structure on 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 September 12,2022
and September 19,2022.
The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover. MA on
Tuesday September 27,2022 at 7:30 p.m.and the School Administration Building, 566 Main Street,
North Andover, MA on Tuesday,November 15,2022 at 7:30 p.m.with respect to the Property,which is
located in the R4 Zoning District.
The following plans and exhibits were submitted with the Application or at the public hearings:
(1) Plan of Land prepared by Millennium Engineering, Inc,dated November 8,2022,containing one
(1) page;
(2) Floor Plans prepared by David Choi,Architect.dated November 8,2022,containing one(1)page
(A 101). and
(3) Elevation Plans prepared by David Choi,Architect. dated November 8,2022,containing two(2)
pages(A 105 &A 106).
The Property is located at 15-17 Furber Avenue,North Andover,MA 01845 in the R-4 Zoning District.
The Property is non-conforming as only a single-family home is all4swed pursuant to the Bylaws and
PETTTIO\?02-01 c 1':'rur C��y
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Town of North Andover Bk 17642 Pg12 7 #2 8 217
ZONING BOARD OF APPEALS
therefore requires a special permit pursuant to Section 195-9.2 Alterations or extension of a pre-existing,
nonconforming structure.
EL FMINGS/DISC'USSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the
hearings. The Board also notes that among the most significant issues that arose at the hearings are the
driveway location and the size of the three-unit home initially proposed.
The Board finds that under Section 195-I0.7(A)of the Bylaws and as conditioned below,(a)the Property
is an appropriate location for the use,structure,or condition,(b)the use as developed will not adversely
affect the neighborhood,(c)there will be no nuisance or serious hazard to vehicles or pedestrians,(d)
adequate and appropriate facilities will be provided for the proper operation of the use,and(e)the use is
in harmony with the general purpose and intent of the Bylaws.
The Board further finds that under Section 195-9.1 of the Bylaws and as conditioned below,the
Applicant's proposed change,extension,or alteration to the Property is not substantially more detrimental
to the neighborhood than the existing conditions.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit
in order to demolish the existing two-unit structure and construct a new two-unit structure pursuant to the
Town of North Andover Zoning Bylaws Section 195-9.2 Alteration or extension 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 November 15,2022,the Board voted to close the public hearing.
A motion was made by Michael T.Lis and seconded by James M.Testa to grant the special permit
requested under Section 195-9.2 of the Zoning Bylaws to allow the replacement of an existing two-unit
structure with a new two-unit structure in accordance with the following plans and other materials:
(1) Plan of Land prepared by Millennium Engineering,Inc.dated November 8,2022,containing one
(1)Page;
(2) Floor Plans prepared by David Choi,Architect,dated November 8,2022,containing one(1)page
(A 101);and
(3) Elevation Plans Prepared by David Choi,Architect,dated November 8,2022,containing two(2)
pages(A105&A106).
The voting members in favor of the special permit: Michael T.Lis,Steven R.Seide,
Frank J.Ki1Wea,Laura Craig-Comin,
and James M.Testa
The voting members against the special permit None
The non-voting members present Ronn R.Faigen
The Chairman declared the Board's vote to be 5-0 to GRANT Tin SPECIAL PERMTf,
PETMON 2022-015
Page 2 of
Town of North Andover Bk 17642 Pg12 8 #2 8 217
ZONING BOARD OF APPFA.LS
/-Z' '
North Andover Zoning Board of Appeals
Ronn R.Faigen,Chair
Alexandria A. Jacobs,Esq., Vice-Chair
Allan Cuscia, Clerk
Michael T. Lis
Steven R Seide
Frank J.Killilea
Decision 2022-015
oa M-a FWW A"e
Notes
l. 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,(a)if the rights authorized by a decision granting a variance are not exercised within
one(I)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(b)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 pursuant to the provisions of Town of North Andover Zoning Bylaws Section 195-
10.7.
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END OF DOCUMENT
PETMON 2022-015 Page 3 of 3
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E—RECORDED