HomeMy WebLinkAboutTime Stamped Decision 11 Herrick - Decision - 11 HERRICK ROAD 11/26/2019 Town of North Andover
ZONING BOARD OF APPEALS
REGEWED
D.Paul Koch Jr.,Esq.,Cbahwan i C E
Ellen 11.NIcIntyre,Tlire-Cliahwali
Allan Cuscia,Oak 7019 MOV 26 AM 8: 17
Muntidda A.Jacobs,Esq,
Rolin It.Faigen,
Amodale Members
Mich"ICIT.Lis
Steven R,Scide
FrinkJ.Killilea
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2019
in the office of the Town'Clerl(pursuant
to Mass. Gen. L. ch. 40A, § 17
APPLICANT: APPLICATION DATE:
Thomas Zahoruiko October 11,2019
PROPERTY: HEARING DATE:
I I Herrick Road November 12,2019
North Andover, MA 01845
Map 016.0 Parcel 0016 PETITION:
2019-19
I. PROCEDURAL HISTORY AND STATE,MT,,'NT OF FACTS
Applicant, by application filed October 11,2019,has requested variances pursuant to Town of North
Andover Zoning Bylaws as follows:
A Variance from Section 195-7.1 Lot Area,Table 2 (Dimensional Requirements)of the Zoning Bylaws,
for Lot Area in the R-4 Zoning District for construction of a new house on adjacent lot. Lot Area
proposed is 8,809.0 feet,the required Lot Area per`fable 2 is 12,500.0 feet,the relief variance needed is
3,691.0 feet,
A Variance from Section 195-7.2 Street Frontage,Table 2(Dimensional Requirements)of the Zoning
Bylaws, for Street Frontage in the R-4 Zoning District for construction of a new house on adjacent lot.
Street Frontage proposed is 85.0 feet,the required street frontage per Table 2 is 100.0 feet,the relief
variance needed is 15.0 feet,
A Variance from Section 195-73 Yards (setbacks),Table 2(Dimensional Requirements) of the Zoning
Bylaws,for one front setback in the R-4 Zoning District for construction of a new house on adjacent lot.
Front setback proposed is 20.5 feet,the required front setback per Table 2 is 30.0-feet,the relief variance
needed is 9.5 feet.
A Variance from Section 195-7.3 Yards(setbacks),Table 2(Dimensional Requirements)of the Zoning
Bylaws, for one side setback in the R-4 Zoning District for construction of a new house on adjacent lot.
Side setback proposed is 7.8 feet,the required side setback per Table 2 is 15.0 feet, the relief variance
needed is 7.2 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
PETITION 2019-19 Page 1 of 4
Town of North Andover
ZONING BOARD OF APPEALS
Eagle-Tribune,a newspaper of general circulation in the Town of North Andover, on October 29,2019
and November 05,2019.
The Board held a public hearing at North Andover Senior Center, 12OR Main Street,North Andover,MA
on Tuesday,November 12,2019 at 7:30 pin with respect to the Property,which is located in the R-4
Zoning District.
The following plan was submitted with the Application or at the public hearing:
(1) Plot Plan of Land prepared by Sullivan Engineering Group,LLC dated September 19,2019,one
(1)sheet.
The Property is located at 11 Herrick Road in the RA Zoning District,
See also,Notice of Decision for Petition 2019-09.
II. FINDINGS/DI(SCUSSION/CONDItTIONS
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 on the adjacent lot pursuant to the Town of North Andover Zoning Bylaws
Section 195-7.1 Lot Area, Section 195-7.2 Street Frontage, 195-7.3 Yards(setbacks),and Table 2:
Summary of Dimensional Requirements in the R-4 Zoning District in accordance with the plan,other
materials, and testimony at the public hearing, and the Board attaches a condition that the Applicant
install roof/water infiltration chambers on the adjacent 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 lnade by Allan Cuscia and seconded by Michael T, Lis to grant the four(4)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 on adjacent
lot. Lot area proposed is 8,809.0 feet, Iot area required per Table 2 is 12,500.0 feet,the relief
variance needed is 3,691.0 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
on adjacent lot. Street frontage proposed is 85.0 feet,street frontage required per Table 2 is 100.0
feet,the relief variance needed is 15.0 feet.
PETITION 2019-19 Wage2 of4
Town of North Andover
ZONING BOARD OF APPEALS
A Variance from Section 195-7.3 Yards (setbacks),Table 2: Summary of Dimensional Requirements
of the Zoning Bylaws, for one(1)front setback in the RA Zoning District for construction of a new
house on adjacent lot. Front setback proposed is 20.5 feet,front setback required per Table 2 is 30.0
feet, the relief variance needed is 9.5 feet.
A Variance from Section 195-7.3 Yards (setbacks),Table 2: Summary of Dimensional Requirements
of the Zoning Bylaws,for one(1) side setback in the R-4 Zoning District for construction of a new
house on adjacent lot. Side setback proposed is 7.8 feet, side setback required per Table 2 is 15.0
feet,the relief variance needed is 7.2 feet.
in order to allow for the construction of a new house on the adjacent lot in accordance with the following
plan and other materials:
(1) Plot Plan of Land prepared by Sullivan Engineering Group,LLC dated September 19,2019, one
(1)sheet.
and provided that the variances are granted on the condition that the Applicant install roof/water
infiltration chambers on the adjacent 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'llilea and Steven R. Seide
1�
The Chairman declared the Board's vote to be 4-1 to G T I VARUNCES.
North ud v i Z ning Board of Appeals
I N V,D. Paul o J .,E q.,Chairman
P.
'l
Ellen P. cl tyro, ice Chair
Allan Cuscia, Clerk,
Alexandria A.Jacobs,Esq.
Ronn R. Faigen
Michael T.Lis
Steven R. Seide
Frank J. Killilea
Decision 2019-19
11 ht nick mid—derision N2 20191125(pl-2dca)
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NOTES ON FOLLOWING PAGE
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Town of North Andover
ZONING BOARD OF APPEALS
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.
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END OF DOCUMENT
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