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Home My WebLink AboutDecision - 1160 GREAT POND ROAD 5/19/2017 (2) Town of North Andover ZONING BOARD OF APPEALS Albert P. Malivi III,Fsq.C15airmfit, H E'C I V :0 juicii I,.mcrntyre, T-We-Gahmall 4s t 1).Paul Koch jr,Esq.Clerk Doug Ludgin 2017 MAY 19 AM' 9"- 57 Agan Cuscia A,uvciale Afewbeis Deney NIorg,,tjjt[j,,jj T WIVN ofl-- Natlian Weinreicli NORTH AN00*',,ER _,Vlexandriajacobs,Esq. MASS ACHusrm Town Clerk Time Stamp Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2017 notice in the office of the Town Clerk, per Mass. Gen.L. ch.40A, §17 Property at: 1160 Great Pond Road(Map 0103.0 Parcels 0028 North Andover,MA 01845 NAME Brooks School—Center for the Arts — HEARING(S):April 11,2017&May 09,2017 ADDRESS: 1160 Great Pond Road PETITION:2017-04 The North Andover Board of Appeals held a public hearing at The Town Hall, at 120 Main Street,North Andover, MA on Tuesday, May 09, 2017 at 7:30 PM on the application of Brooks School , for property located at 1160 Great Pond Road (Map 0103.0, Parcel 0028), North Andover, MA 01845. The Petitioner is requesting a dimensional variance for height pursuant to Table 2 of the Zoning Bylaw(Dimensional Requirements for Height)in the R-I 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 March 28"'and April 4h 2017. The following regular voting members werepr esent,Albert P.Manzi III,Ellen P. McIntyre,D.Paul Koch and Allan Cuscia also associate member,Alexandria Jacobs. Upon a motion by Ellen McIntyre to Grant a Variance, seconded by D. Paul Koch under Section 7.4 and Table 2 of the Zoning Bylaw in the R-1 Zoning District for dimensional variances for 1160 Great Pond Road to allow the construction of a new Center for thee Arts with a Height Variance of 48 feet where the allowed height required is 35 feet. Voting in favor to grant the Variance were Albert Manzi,Ellen McIntyre,Allan Cuscia,D.Paul Koch and Doug Ludgin, 5-0 all in favor The Chairman declared the Variance Granted. 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 Bylaw will involve substantial hardship, financial or otherwise,to the petitioners or applicants.The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw. The Board also finds that the construction of the Center for the Arts will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians. The Board also finds that this Height variance will not be substantially detrimental to the neighborhood and that this height variance will be in harmony with the neighborhood and general purpose and intent of this Bylaw, ; Site: 1160 Great Pond Road(Map 0 103.0,P 0028),North Andover,MA 01845 Petitioners, Brooks School. Variance under Section 7.4 and Table 2 of the Zoning Bylaws in the R-1 Zoning District,for a Height Variance. Plans)Title: kpplication Plan"containing one(1)sheet,ShLowing Assessors Pagel of 0.. Map 90C Parcel 25.and Assessors Map 103 Parcel 28 Prepared by Whitman&Bingham Associates,LLC. ,Dated March 27,2017. 2) "Existing Conditions Plan"containing one(1)sheet,Ex 1.00.Prepared by Whitman&Bingham Associates,LLC. ,Dated January 13,2017. 3) "Overall Plan'containing one(1)sheet,L 1.0.Prepared by Whitman& Bingham Associates,LLC. ,Dated January 13,2017. 4) `Basement Plan"containing one(1)sheet.Prepared by AnnBeha Architects,Dated March 15,2017. 5) "Lower Level Plan"containing one(1)sheet.Prepared by AnnBeha Architects,Dated March 15,2017. 6) "Upper Level Plan"containing one(1)sheet.Prepared by AnnBeha Architects,Dated March 15,2017. 7) "Attic Plan"containing one(1)sheet.Prepared by AnnBeha Architects, Dated March 15,2017. 8) "East&West Elevations"containing one(1)sheet.Prepared by AnnBeha Architects,Dated March 15,2017. 9) "North Elevation"containing one(1)sheet.Prepared by AnnBeha Architects,Dated March 15,2017. Voting in favor: Albert P. Manzi 111,Ellen P.McIntyre,Paul Koch,Allan Cuscia,and Doug Ludgin Voting in the Negative: 0 Variance granted 5 m7 favor(Granted) The Board Fmds that the applicant has satisfied the provisions of Table 2 and Sections 7.4, for 1160 Great Pond Road(Map 0103 A,Parcel 0028)of the Zoning Bylaw in order to allow for the construction of a new Center for the Arts,North Andover,MA 01845 in an R-1 Zoning District. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2. The granting of the Variance as requested by the applicant does not necessarily ensure the granting of a building permit as the 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. If the rights authorized by the variance are not exercised 1 year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing, � i 7 No Andover Zoning BBoard of Appeals A ert P. Manzi III,Esq., Chairperson tllen P.McIntyre, Vice Chairperson D.Paul Koch Jr.Esq., Clerk Allan Cuscia Paul Koch Doug Ludgin Decision 2017-04 Page 2 of 2