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Home My WebLink AboutTime Stamped Decision 17 Herrick - Decision - 17 HERRICK ROAD 11/26/2019 Town of North Andover ZONING BOARD OF APPE r ,,o � °E E�� :��) D.Paul Koch Jr.,Esq.,Cyahmali p r � J -1 r�}c y y st3 Ellen P.McIntyre,11he•Chahmau �� } �„ 1 : 1 Allan Cuscia,Clak Alexandria A.Jacobs,Issq. tp . Ronn R.Faigen f "a r Assorrale Membeia dy Michael's.Lis � Steven R.Seide Frank j.Killilea Any appeal shall be filed within twenty Notice of Decision days after the date of filing of this notice Calendar Yeaz•2019 in the office of the Town Clerk pursuant to Mass. Gen.L, ch.40A, § 17 APPLICANT: APPLICATION DATE: Thomas Zahoruiko August 08,2019 PROPERTY: HEARING DATES: 17 Herrick Road September 10,2019,October 01,2019, and North Andover,MA 01845 November 12,2019 Map 016.0 Parcel 0017 PETITION: 2019-09 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed August 08,2019,has requested variances pursuant to Town of North Andover Zoning Bylaws as follows: A Variance from Section 195-7.1 Lot Area of the Zoning Bylaws, for lot area in the R-4 Zoning District to construct a new home. Lot area proposed is 5,613 square feet, the required lot area is 12,500 square feet,the relief variance needed is 6,887 square feet. A Variance from Section 195-7.2 Street frontage of the Zoning Bylaws, for street frontage in the R-4 Zoning District to construct a new home. Minimum street frontage proposed is 50 feet,the required side setback is 100 feet,the relief variance needed is 50 feet. 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-Tr-ibune,a newspaper of general circulation in the Town of North.Andover,on August 27,2019 and September 03,2019. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday September 10,2019 at 7:30 pm,at North Andover School Administrative Building, 566 Main Street,North Andover,MA on Tuesday October 01,2019 at 7:30 pm,and at North Andover Senior Curter, 120R Main Street,North Andover,MA on Tuesday,November 12,2019 at 7:30 pm 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) Plot Plan of Land for 0 Herrick Road prepared by Sullivan Engineering Group,LLC dated July 23,2019,one(1)sheet. PBTrrl0N 2019-09 Page 1 or3 Town of North Andover ZONING BOARD OF APPEALS (2) Plot Plan of Land for#11 +417 Herrick Road prepared by Sullivan Enginecring Group,LLC dated September 19,2019,one(1)sheet. (3) House Renderings(first)prepared by Zendlco dated March 22,2019(printed July 10,2019),five (5)sheets(A101-A105). (4) House Renderings(second)prepared by Zendlco dated March 22,2019(printed September 23, 2019),five(5)sheets(A101-A105). (5) Subdivision of Land Shown on Plan Filed with Cert,of Title No. 1251 dated January 1923, one (1)sheet. (6) Assessor's Map,undated, one(1)sheet. (7) Applicant's undated memorandum,two(2)sheets. The Property is located at 17 Herrick Road in the R 4 Zoning District,and the requests for relief were revised over the course of the hearings. See also,Notice of Decision for Petition 2019-19, It. FINDINGS/DISCIISSION/CONDITIONS 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 variances in order to construct a new house pursuant to the Town of North Andover Zoning Bylaws Section 195-7.1 Lot Area, Section 195-7.2 Street Frontage,and Table 2: Sumtnaty of Dimensional Requirements in the R- 4 Zoning District in accordance with the plans,other materials,and testimony at the public hearing,and the Board attaches a condition that the Applicant install roof/water infiltration chambers on the lot for the new house to be constructed thereon. III.MOTION VOTE AND DECISION On November 12,2019,the Board voted to close the public hearing. A motion was made by Allan Cuscia and.seconded by Michael T.Lis to grant the two(2)variances requested under the Zoning Bylaws as delineated below: A Variance from Section 195-7.1 Lot Area,Table 2: Summary of Dimensional Requirements of the Zoning Bylaws,for lot area in the R-4 Zoning District for construction of a new house. Lot area proposed is 7,170.0 feet, lot area required per Table 2 is 12,500,0 feet,the relief variance needed is 5,330.0 feet. A Variance from Section 195-7.2 Street Frontage,Table 2; Summary of Dimensional Requirements of the Zoning Bylaws,for street frontage in the R 4 Zoning District for construction of a new house. Street frontage proposed is 65.0 feet,street frontage required per Table 2 is 100.0 feet,the relief variance needed is 35.0 feet. PETITION 2019-09 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS in order to allow for the construction of a new house in accordance with the following plans and other materials: (1) Plot Plan of Land for##'1 I +##17 Herrick Road prepared by Sullivan Engineering Group,LLC dated September 19,2019,one(1)sheet. (2) House Renderings(second)prepared by Zendko dated March 22,2019(printed September 23, 2019),five(5)sheets(A101-A105). and provided that the variances are granted on the condition that the Applicant install roof/water infiltration chambers on the lot for the new house to be constructed thereon. The voting members in favor of the variance: D.Paul Koch,Jr.,Allan Cuscia, Alexandria A.Jacobs,and Michael T.Lis The voting members against the variance: Ronn R. Faigen The non-voting members present: Frank J.K' lilea and Steven R. Seide The Chairman declared the Board's vote to be 4-1 to G T E VARIANCES. North clo a oning Board ofAppeals D. Paul ch sq., Chairman Ellen P. Ity Vice Chair Allan Cusci ,Clerl Alexandria A.Jacobs,Esq. Ronn R.Faigen Michael T. Lis Steven R. Seide Frank J.Killilea Decision 2019-09 17hUtkt1wd—dWSt0Ar220191115(PI.-MI n) 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 tine 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. ITTITION 2019-09 Page 3 ar3