HomeMy WebLinkAbout2015.05.27 288 SUTTON STREET SMOLAK & VAUGHAN JohnT. S111olak, Esq.
_4 T: 978-.327-5215 1 F: 978-327-5211)
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TO ii"
�1 S S Al May 27, 2015
BY BAND
Albert P. Manzi, III, Esq,,Chairman
Zoning Board of Appeals
Town of North Andover
1.600 Osgood Street
North Andover, Massachusetts 01845
RE: Request to Extend Two-Family Special Permit Decisions
Lot 1 (#2013-006), Lot 2(#2013-007),Lot 3 (#2013-008),
Lot 4(#2013-009), and Lot 5 (#2013-010)
Property: 288 Sutton Street(Map 52, Parcel 35)
Applicant: Stephen Smolak
Dear Chairman Manzi and Other Board Members:
On behalf of the Applicant,Stephen Smolak, we are respectfully requesting the
Board, in accordance with Section 10.31(3) of the North Andover Zoning Bylaws,to
grant an extension for one (1) additional year for the above-referenced special permits.
Specifically, Section 10.31(3)of the Zoning Bylaw provides that a"...Special Permit
granted under the provisions contained herein shall be deemed to have lapsed after a two (2)
year period from the date on which the Special permit was granted unless substantial use or
construction has commenced. If the applicant can show good cause why substantial use or
construction has not commenced within the two(2)year period, the Special Permit Granting
Authority, as its discretion,may extend the Special Permit for an additional one (1) year
period. Included within the two (2) year period stated above, is the time required to pursue or
wait the determination of an appeal from the provisions of the Bylaw."
As noted on each of the Special Permits attached hereto, the Board granted a Two-
Family Special Permit for each of the five lots referenced above on August 13, 2015. The
Applicant has commenced construction of the roadway entrance,has obtained definitive
subdivision approval for the 5 lots, has secured utility company easements and has tied in
utilities from Sutton Street,has obtained a wetlands Order of Conditions form the
Conservation Commission,has obtained FAA Determinations and Approval for each of the
five lots, and has secured State Shade Tree Act approval to remove a tree from the Sutton
Street right-of-way layout from the Board of Selectmen, and plans to commence construction
shortly. Due to economic conditions, the Applicant has not commenced construction of each
of the individual lots. For these reasons, the Applicant feels that good cause exists for the
delay in substantial construction of the lots to date, and therefore, requests the Board to grant
a one (1) year extension for each of the Special Permits referenced above,
East Mill,21 High Street, Sidte 301,North Andoveir,IWA 01845
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Albert P. Manzi III,Esq,Chairman
Zoning Board of Appeals
May 27,2015
We appreciate your time and consideration with regard to this. Please feel free
to contact my office with any further questions or concerns.
Sincerely,
John T. Smolak
JTS/
Cc: Stephen M. Smolak
Town Clerk's Office (By Hand)
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P---p34 `W`25526
Bk
11-12-2014 a 02 =07P
Town of North Andover
ZONING BOARD OF APPEALS
Albert 11.Nlanzi III,Esq.Cbeirman
11len McIntyr•,Vke•Chairxiry
Hichardij. 13mrs,Jisq,Clo 0�
1).Rkul Koch Jr.,r.`,sq.
Mai)Cwcin
A$101iAlt A 14MVIVI
Michad R Liporto C
Dency Niforganrlial
Douglas 1^1 4,n
Town ChA Time stamp
This IS to cor*that twenty(20)days
have elapsed from date of decislon,filed
vAUtout filing of an appeal.
An within(20) Notice of Decision Date
y appeal shall be filed w Affle A.Ow aw
days after the date of filing of this Year 2013 Town Clark
notice in the office of the Town Clerk,
per Mass. Gen.L.ch.40A, §17 Property at. 288 Sutton Street(Map 52,Parcel 65)North Andover,
MA01845(Lot I)
NAME Stephen Smolak I REARfNG(S)., 13Aug-2013
ADDRESS: 288 Sutton Street(Map 52, Parcel PETITION: 2013-006
65)North Andover,MA 0l 845(Lot Q....
The North Andover Board of Appcals held a public hearing it The Town Ilafl , at 120 Main Street,North Andover, MA on
Tuesday,August 13,2013 at 7:30111M on the application of SteplicriSmolak located at 288 Sutton Street(Map 52,Parcel 65),
North Andover, MA 01845. Petitioner is requesting a Special Peralit to construct a new two family dwelling in Lot 1, in
accordance with 4.122,14. A(b) A.122.14.D and 10,31 of the North Andover Zoning Bylaws, for real property located within
the R4 Zoning District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and were
published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on July 30 and August 6,
201[3-
The following voting members were present; Richard J.Byers,D,Paul Koch Jr.,Allan Cuscia and Associate members;present:
Deney Morgandial and Douglas Ludgin.
Chairinnn,Albert Manzi III Fsq,,recused himself from The Voic
Upon a motion by Cuscia to GRANT i Special Permits to allow the construction of two family dwelling on Lot I pursuant to
Section 4.122.I4.A(h),4.I2234.D and 10.31 of the Zoning Bylaws to construct,a two family dwelling in Lot 1.
Ludgin second the motion
Thosc,in favor to Grant a Special Permits: Richard J. Byers, D. Paul Koch Jr, Allan Cuscia, Desley Morganthal and Douglas
Ludgin.
The motion was unallimoogiv approved aad the Special Permit was granted
5-0
17ie Board finds that based on this information contained within the Application along with documentation provided and
testimony taken,at The public hearing,this use as developed by proposed on The building and sit plans contained within the
Application and other Supporting documentation,will not adversely affect the neighborhood. There will be no nuisance or
serious Ward to vehicles or pedestrians since there are provisions for the required off-street parking.Appropriate facilities will
be provided for the proper operation of the proposed new two-family dwelling for Lot 1. The Board finds that the
family dwelling will not be detrimental to the neighborhood and that it will be in harmony with the general purpose,andWrifint of•
this Bylaw.
Site: 288 Sutton Street Map 52/Lot 65(Lot I)--
4.122.14.A (b), 4.122.14.D and 10.31 of the Zoning Bylaws to'cbn'siruct Q
a two faniRy dwelling in Lot I as shown on the Plans.
Plan(s)Title.- I)Lot I Mathews Way, Plot Plan of the Land for Lot Prop
Sullivan Engineering GrOLIP, LLC, 22 Mount Vern on Road.,BbAord
MA all dated Ady 13, 2013.
Page I of 2
9k 14038 Ps36 D25!:27
Town of North Andover
ZONING BOARD OF APPEALS
Albcrt R%,linzi III,Lay.Ch4imlali ttOR'rh
Ricliard J.Byer,*,I-sq.Clerk +
c1lecia
A.r.radale NZ
TED
CHU
Denc).Moiganth-M
Douglar,Ludgin
Town(;jerk III lie SIA rnp (20)days
This is 10 CGrUfY that twe)"'S;
have elapsed from date Of deCIS100-f"86
wltttpctt illing of art appes
bte a
joyoeA Bradshaw
Any appeal shall be filed within(20) Notice of Decision TOM Clark
days after the date of filing of this Year 2013
notice,in the office of tfie Town Clerk,
per Mass.Gen. L.ch-40A, §17 Property at. 288 Sutton Street(Map 52,Parcel 65)North Andover,
MA 01845 Lot 2)
NAME Stephen Sirtolak HEARING(S): 13Aug-2013
ADDRESS:. . 288 Sutton Street(Mal)52,Parcel PETITION: 2013-007
65)North Andover,MA0I845(Lot 2)
The North Andover Board of Appeals hold a public bearing at The Town Hall , at 120 Main Street, North Andover, NIA on
Tuesday,August 13,2013 at 7,30 PM on the application of Stephen SiriolAk located at 288 Sutton Street(Map 52,Parcel 65),
Norris Andover, MA 01845. Petitioner is re(l4wsting it Special Pen-nit to construct a new two family dwelling in Lot 2, 61
wcordance with 4,122.14. A (b) .4.122,14.D and 10.31 of the North Andover Zoning Bylaws,for real property located within
the R-4 Zoning o ffisuict.
Legal notices Were sent to A the certified abutiers provided by the Town of North Andover,Assessors Office,and were
published in the Eagle-Tribune,a newspaper or general circulation in the Town of North Andover,on July 30 and AtLgust 6,
2013,
The following voting members were present:Richard J.13yers.D.Paul Koch Jr.,Allan Cuscia and Associate members present:
Deney Morgantbal and Douglas Ludgin.
Chairman.Albert Manvi III Esq.,recusod himself front the vote
Upon a motion by Cuscia to GRANT a Special Permits to allow the construction of a two farnily dwelling on Lot 2 Pursuant to
Section 4,122.14,A(b),4,122.14.17 and 10.31 of the Zoning Bylaws to construct,a two family dwelling in Lot 2,
Ludgin second the motion
Those in lhvor to Grant a Special Permits: Richard J. Byers, 11 Paul Koch Jr. Allan Cuscia, Deney Morgandial and Douglas
Ludgin.
'rile motion was unanimously approved and the Special Permit was granted
5_0
The Board finds that based on this information contained within the Application along with docunientation provided and
testimony taken,at the public hearing,this use ns developed by proposed on the building and sit plans contained within the
will not adversely Application and other supporting documentation, affect the neighborhood. There will be no nuisance or
serious hazard to vehicles or pedestrians since there are provisions for the reclnired off-street parking.Appropriate facilities)Akl
he provided for the proper operation of the proposed new two-family dwelling for Lot 2. Tile Board finds that the nq\V
two
family dwelling will not be detrimental to the neighborhood and that it will be in harmony with the general puchsc'aild lhtenro'f
this Bylaw.
Site: 288 Sutton Street Map 52/Lot 65(Lot 2)--
4.122.14.A(b), 4,122.[4.D and 10.31 of the Zoning Byfalws,
a tAvo Amily dwelling in Ixt,2 as shown on the Plans.
Plan(s)Title: I)Lot 2 Mathews Way, Plot, Plan of the Land foi- Lo PtepAmd,
Sullivan Engineering Group, LLC, 22 Mount Ve rnon Ro 6, io rd,
........ N4A.all crated July-1 3, 2013.
Prig, ofa
Bk 14038 Pg35 #25526
P �
(Cont)Plan(s) Title: Set of arclietectural plaits and elevations,consisting of six sheets,
including:
2)"Proposed New Two Family Construction"for Frottt Elevation for
Lot I (Sheet 1),
3)"Proposed New Two Family Construction"for Rear Elevation for
..Lot [(Sheet 2),
4)"Proposed New Two Family Construction"for Side Elevation for
Lot I(Sheet 3),
5)"Proposed New Two Family Construction"for 13asement Foundation
Plan for Lot I(Sheet 4),
6)"Proposed New Two Family Construction" for First f loor.Hall for
Lot 1(Sheet 5)and ,
7)"Proposed New Two Family Construction"for Second Floor Plan for
Lot I (Sheet 6).
All these Proposed construction sheets are Dated July 15,2013 and
Prepared by Martha Macinnis, 58 Regent Ave Bradford Ma.01835
Voting in Favor Richard J. Byers, D. Pahl Koch Jr,, Allan Cuscia, Deney Morganthal and
Douo,Ludgin
Voting in the Negative: 0
The Board finds that the applicant has satisfied the provisions under Section 4.122.14.A (6),4.122.I4.D and 10.31
of the Zoning Bylaws to construct in Lot I a new two fainily residential dwelling building for residential rise at
property located at Lot 1, 283 Sutton Street Map (Assessors Map 52/1-ot 65) in the R-4 Zoning District as
substantially shown on the Plans.
Notes:
1. This decision slrall mot be in 0ffecl until a copy or this deci$jo)is,ccordcd ai the Essex Ct)ij))ty Registry of Lkeds,'Northem District at
list applicant's expense.
2. The granting of the Special Perrnit(s)as requested by the applicant does not necessarily ensure the granting of a building pernia as rite
applicant must abide by all applicable local,slate,find federal building codes and regulations,prior to the issuance of a building permit ns
required by time Inspector of Buildings.
1 if the rights authorized by the Spcciaf Permit arc stn(exercised winhin(Nvo(2)years of the date of the grant,it shall lapse,and may be re-
fonblished only afler notice,and a now hearing.
f7
North A)ndoveiXlaing Board of Appeals
Richard J. Byers,.Esq.,r4 cling Chairperson
D. Patti Koch Jr.
Allan Cascia
Deney MorganthaI
Doug Ludgin
2413-006
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