HomeMy WebLinkAboutExtension Request for Variance - Application - 3 GREAT POND ROAD 2/28/2022 r
CAFFREY & CAFFREY
ATTORNEYS AT LAW ? B 2 8 11 2:
One Elm Square
Andover, Massachusetts 01810 t4 0'()
Andrew A. Caffrey,Jr. (978)475-2412(tel)
Andrew A. Caffrey 1921-2008
February 28, 2022
D. Paul Koch,Jr., Chairman
Zoning Board of Appeals\
Town of North Andover
120 Main Street
North Andover, MA 01845
RE: Variance Decision, Petition 2021-12a, granted March 9, 2021
Property at 3 Great Pond Road
Applicant: Elaine Finbury
Request for 6 month extension
Dear Chairman Koch:
On behalf of Elaine Finbury,we are requesting a 6 month extension of the variances
granted by the Board as referenced above. A copy of the Notice of Decision, recorded with the
North Essex Registry of Deeds in Book 16916 Page 23, on May 5, 2021, is attached hereto.
The reason for the request is that subsequent to receiving approval from the ZBA, the
applicant was then required and proceeded to obtain Special Permits from the Planning Board, and
then an Order of Conditions form the Conservation Commission.
Finally,the applicant needs a Certificate of Appropriateness from the Historic District
Commission, which is currently in process. However, there is a 20 day appeal process, so even if
the Certificate was issued in the next few days,the appeal period would prohibit the applicant from
filing for a building permit before the date of the grant resulting in a lapse to the variances.
Therefore,we request that this matter be scheduled at the next available meeting of the
Board, and that at that the meeting that the Board vote to extend the term of the variances for 6
months. Th4k you for your attention to this request.
Very truly yours,
An grew A.4C , Jr.
Bk 16716 t*s 23 Cr 3.'t 136
05--05--2021 a'? 03 =32P
E sc l+learth RARO i Smtn!0
Town of North Andover
ZONING BOARD OF APPEALS
s 'Town Ckrk'rime Stem
A.Paul Koch Jr.,l�sq.,G6airnrax P'
Roan R.Faigen,i%ia-Cbaimlan
Allan Cuscia,Crrls -..
Mexandria A.Jacobs,Bsq.
Ellen P.McIntyre
�4sroaateMem6err 't."-. .
Michael T.U8
Steven R.Seide
Praalr J.Kiliitca
This is to certify that twenty(20)days
have elapsed hom date of decisiow}
Any appeal shall be filed within twenty Notice of Decision without filing of an a Il. �-1
days after the date of filing of this notice Calendar Year 2021 Date
in the office of the Town Clerk pursuant ( iJaw� C�--
to Mass.Gen.L.ch.40A,§ 17
APPLICANT: APPLICATION DATE:
Elaine Finbury October 15,2020
PROPERTY- HEARING DATES:
3 Great Pond-Road November 10,2020,December 08,2020,
North Andover,MA 01845 January 12,2021,February 09,2021,and
Map 96,Parcel 021 - March 09 2021
PETITION:
2021-12a
L M0!QEDUR,4L HI ORY AND STATEiVIENT OF FACTS
Applicant,by application filed October 15,2020,has requested Variances pursuant to Town of North
Andover Zoning Bylaws,Section 1954.5(A)Design Standards for parking and driveways and a parking
setback in the R 3 Zoning District;specifically,Applicant has requested a parking setback needing a
relief variance of 3.0'(the parking setback proposed is 0.0' and the parking setback required is 3.0)for
the purpose of installing six(6);parking stalls for the multi-family home and a minimum maneuvering
aisle width of l 1',needing a relief variance of 14'(the minimum maneuvering aisle width required is 251)
with respect to the Property.
Through the course of the hearings,Applicant further requested a Variance pursuant to Town of North
Andover.Zonibg Bylaws;Section 195=8.5(C)(2)Design Standards for entrance and exit driveways in the
R 3 Zoning District far:a,deiniern+ay entran for-the proposed multi-family home;specifically,the
Applicant has requested an entrance width of I needing a relief variance of7' (the entrance width
required is 18'). Througb the course"of the hearings and revisions to plans,Applicant determined that the
variance regarding parking setback was.no longer needed.
The Application requires.a hearing before the North Andover Zoning Board of Appeals("Board"),and
due notice of the hewing:was•given by mailing and publication. Legal no 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 October 26,2020
and November 02,2020
The Board held virtual public hearings on Tuesday,November 10,2020 at 7:30 pin,-Tuesdali,Dea ber,:.
08,2020 at 7.30 pin,January 12,2021 at 7:30 pm,February 09,2021 at 7.30 pm,and March 09,2021 at.
Arrp,w.
7:30 pm with respect to the Property,which is located in the R-3 Zoning District. A Due Copy
The following plans and exhibits were submitted with the Application or at the public hearings: rnte�l�, wn Clerk
PE1'l1'lON 2020-M Page 10 03
Bk 16916 Pg24 #15136
Town of North Andover
ZONING BOARD OF APPEALS
(1) Plan of band prepared by McCracken Bros.Engineers dated January 12, 1937,containing one(1)
page;
(2) Special Permit&Variance Plan of Land prepared by Hayes Engineering,Inc.dated September 9,
2020 and revised February 25,2021,containing one(1)page;
(3) Proposed Floor Plans(I Al,2.A 1,3.A1)prepared by tish dixon DESIGNS[sic]dated August 3,
2020,containing three(3)pages;and
(4) Standard Form Purchase and Sale Agreement dated June 8,2020.
The Property is located at 3 Great Pond Road in the R 3 Zoning District and is the subject of an
application for special permit heard simultaneously.
LL FIND
IO=( NDITIONS
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
parking and maneuvering aisle width.
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 genemily 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 variances in
order to install six(6)parking stalls pursuant to the'town of North Andover zoning Bylaws Section 195-
8.5(A)and 195-8.5(C)(2)in the R-3 Zoning District in accordance with the plans,other materials,and
testimony at the public hearings..
JIL lvt TION VOTE EC $ Old
On March 09,2021,the Board voted to close the public hearing.
A motion was made by Ronn R.Faigen and seconded by Steven R.Seide to grant the Variances
requested under Section 195-8.5(A)Design Standards for parking and driveways and Section 195-
8.5(C)(2)Design Standards for entrance and exit driveways of the Zoning Bylaws for the purpose of
installing six(6)parking stalls for the multi-family home in accordance with the following plans and
other materials:
(1) Plan of Land prepared by McCracken Bros.Engineers dated January 12, 1937,containing one(1)
page;
i (2) Special Permit&Variance Plan of Land prepared by Hayes Engineering,Inc.dated September 9,
2020 and revised February 25,2021,containing one(1)page;and
(3) Proposed Floor Plans(I A1,2.A1,3.A 1)prepared by tish dixon DESIGNS[sic]dated August 3,
I 2020,containing three(3)pages.
The voting members in favor of the variances:- D.Paul Koch,Jr.,Esq.,Ronn R.Faigen,
a Allan Cuscia,Steven R.Selde,and
a AIexandria A.Jacobs,Esq.
The voting members against the variances: None
The,non-voting members present: Michael T.Lis and Frank J.ICillilea
r
Page 2 of 3
PEIMON 2020,12a
4
d
U'
Bk 16916 Pg25 #15136
Town of North Andover
ZONING BOARD OF APPEALS
The Chairman declared the Board's vote to be 5-0 to q
HE'VARUNCES.
l'Or'
ove Zoning]Board of Appeals
D.Pa och Jr., sq.,Chailman
Ronn R, aigen, Chair
Allan Cuscia,Cleric
Alexandria A.Jacobs,Esq.
Ellen P.mein"
h iohael T.Lis
Steven R.Selde
Frank J.Killilea
Decision 2020-12a
�p„�peva nw-w,aMac.aoid.a+a MilGIl7(yo-2dagae,
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 Ladd 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.
•!1M REMAMER OF TM]?AGE P I TIONALL Y LBFT BLANK
END OF DOCUMENT
PETITION2020.12a Page 3 U3