HomeMy WebLinkAboutDecision_Variance - Decision - 20 BROWNS COURT 3/22/2023 I
I,
Town of North Andover
ZONING BOARD OF APPEALS
Ale%andria A.Jacobs,Esq.,Chair r Town C1etk Time;temp;,1`
Michael T.Lis, Vice-Chair
Allan Cuscia,Clerk
Ronn R,Fasgen
Steven R,Seide
Afsocdate Members s :
Frank).Killslea
Laura Craig-Comm
James M.Testa
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2023
in the office of the Town Clerk pursuant
to Mass. Gen, L. ch, 40A, 17
APPLICANT: APPLICATION DATE:
Joseph Levis February 15, 2023
PROPERTY: HEARING DATE:
20 Browns Court March 14,2023
North Andover, MA 01845
Map 410,Parcel 0034 PETITION:
2022-001 V
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed February 15, 2023,has requested variances pursuant to Town of North
Andover Zoning Bylaws Section 195,Attachment 3 Table 2: Summary of Dimensional Requirements for
front and rear setbacks in the R-4 Zoning District for the purpose of razing the existing single-family
structure on the Property and replacing it with a two-family structure.
Specifically,Applicant has requested a front setback needing a relief variance of 15.6 ft. (front setback
proposed is 14.4 ft., front setback required per Table'2 is 30 ft.) and a rear setback needing a relief
variance of 12.17 ft, (rear setback proposed is 14.5 ft.,rear setback required per Table 2 is 30 ft., allowing
Section 195-7.3,C, one-third width not more than four feet allowed into setbacks).
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 February 27, 2023
and March 06, 2023.
The Board held a public hearing remotely on Tuesday,March 14,2023 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 prepared by Andover Consultants,Inc, dated February 14,2023,containing one(1)
page;
(2) Elevation and Floor flans prepared by Colonial Drafting dated September 03,2020, containing
eight(8)pages; and
PETMON 2023-001'V Page 1 of
Town of North Andover 1,
ZONING BOARD OF APPEALS
(3) Framing Plans prepared by Colonial Drafting dated September 03, 2020, containing seven (7)
.pages.
The Property is located at 20 Browns Court in the R-4 Zoning District, The Property is non-conforming
due to its narrow, shallow shape which impedes zoning compliant construction of the proposed two-
family dwelling,
It. FINDINGS/DISCUSSIONICONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing.
The Board also notes that among the most significant issues that arose at the hearing was the shape of the
lot.
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 fi•om 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 raze the existing single-family structure on the Property and replace it with a two-family structure
pursuant to the Town of North Andover Zoning Bylaws Section 195,Attachment 3 Table 2: Summary of
Dimensional Requirements in the R-4 Zoning District in accordance with the plans, other materials, and
testimony at the public hearing.
III. MOTION VOTE AND DECISION
On March 14, 2023, the Board voted to close the public hearing.
A motion was made by Michael T, Lis and seconded by Ronn R. Faigen to grant the variances requested
under Section 195,Attachment 3 Table 2: Summary of Dimensional Requirements for a front setback
needing a relief variance of 15.6 ft. (front setback proposed is 14.4 ft,, front setback required per Table 2
is 30 ft.) and a rear setback needing a relief variance of 12.17 ft, (rear setback proposed is 14.5 ft.,rear
setback required per Table 2 is 30 ft., allowing Section 195-7.3.G,one-third width not more than four feet
allowed into setbacks)in the R-4 Zoning District for the purpose of razing the existing single-family
structure on the Property and replacing it with a two-family structure in-accordance with the following
plans and other materials;
(1) Plot Plan prepared by Andover Consultants,Inc, dated February 14, 2023,containing one(1)
page;
(2) Elevation and Floor Plans prepared by Colonial Drafting dated September 03, 2020,containing
eight(8)pages; and
(3) Framing Plans prepared by Colonial Drafting dated September 03, 2020, containing seven(7)
pages,
The voting members in favor of the special permit: Alexandria A Jacobs,Esq.,Michael T. Lis,
Roan R. Faigen, Steven R. Seide,
and Frarrlc J. Ulilea
PETITION 2023-00 f V Page 2 of 3
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Town of North Andover
ZONING BOARD OF APPEALS
The voting members against the special permit. None.
The non-voting members present: Laura Craig-Comin and James M, Testa
The Chairperson declared the Board's vote to be 5-0 to T THE IANCE
orth ver Zoning B d of Appeals
Alexandria.A. Jacobs, q., Chair
Michael T. Lis, Vice-Chair 1
Allan Cuscia, Clerk
Ronn R. Faigen
Steven R. Seide
Frank J. Killilea
Laura Craig-Corriin
James M, Testa
Decision 2023-001V
' 77c�iun S�•isl2em,n •
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, (a)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 (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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