HomeMy WebLinkAbout- Decision - 75 WAVERLY ROAD 3/28/2019 RL
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40NING BOARD OF APPEALS } ' '` �•� :pp'
D.Paul Koch Jr.,Esq.,Chahviaw TovrK91!ll:��r� r-t All 9: 0 7
Ellen P.A'1CIntyxe,T/iee-Cbairwiau • r`�'��r'� - ..
Allan Cuscia
Alexandria A.Jacobs,Esq.
Ronn R.Faigen
Asrotiate Aleuibers - j
Michael T.Lis
Steven R.Seide '
Franlc J.Killilea €hia Is to Qw#F 'that ivrtrty(20)days '
have elapseo ffflm date of decision,flied
without flkng of an appeal.
Any appeal shall be filed withi .twenty Notice of Decision ante-- rc
days after the date of filing of i I its notice Calendar Year 2U]9 � °'A. d*ha�.
Clwrk
in the office of the Town Clerk pursuant
to Mass. Gen.L. ch.40A, § 17'
APPLICANT: APPLICATION DATE:
Elizabeth C. Carlson January 14,2019
PROPERTY: HEARING DATE:
75'Waverly Road February 19,2019
North Andover,MA 01845
Map 018.0,Parcel 0061 PETITION:
2019-01
I. PROCEDURAL HISTOR 'AND STATEMENT OF FACTS
Applicant, by application filed January 14,2019 has requested a special permit pursuant to Town of North
Andover Zoning Bylaws,Sectirin 195-4.3(N)(4)(a)in the R-4 Zoning District; specifically,Applicant has
requested a special permit for conversion of a two-family home to a three-family home.
The Application requires a hearing before the North Andover Zoning Board of Appeals('Board"),and
due notice of the hearing was g�ven 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-Tribitne,a newspaper of general circulation in the Town of North Andover,on January 29,2019
and February 5,2019.
The Board held a public hearing at the School Administration Building,566 Main Street,North Andover,
MA on Tuesday,February 19,2019 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) Applicant's Plan of Lan,!by John Abagis&Associates Land Surveyors dated January 10,2019
(2) Applicant's Certified PI;t Plan by John Abagis&Associates Land Surveyors dated January 10,
2019
(3) Applicant's architect plf.ns(SP1.0,A1.0,A2.0,A2.1,A3.0,and A3.1)by David McTyre
(4) Applicant's Subject Pro,aerty Photo Addendum
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The Property is located at 75 W:verly Road,North Andover,MA, 01845 in the R-4 Zoning District.
H. FINDINGS/DISCUSSION)CONDITIONS
The Board has made careful stu>y of the materials submitted and the inform*i ented at'the hearing.
Ai%no Guff,
PETITION 2019-0 E Pagel of 3
Town. of North Andover
ZONING BOARD OF APPEALS
The Board finds that under Section 195-10.7(A)of the Bylaws and as conditioned below,(a)the property
is an appropriate location for the use,structure,or condition,(b)the use as developed will not adversely
affect the neighborhood, (c)there will be no nuisance or serious hazard to vehicles or pedestrians,(d)
adequate and appropriate facilities will be provided for the proper operation of the use,and(e)the use is
in harmony with the general purpose and intent of the Bylaws.
The Board further finds that under Section 195-4.3 (N)(4)(a)of the Bylaws the Applicant's proposed
change,extension,or alteration to the property(a)complies with the purposes of the Bylaws and(b)is
consistent with the use of the site for the purpose permitted within the R-4.Zoning District.
The Board attaches the following condition to the findings and this decisiu.i:
(1) Applicant shall plant privacy evergreens(or similar natural privacy plantings)on the south side of
the Property abutting J.Y.Realty Trust alk/a JY Realty at 83 Waverly Road,North Andover,MA,
such evergreens/plantings shall extend from Waverly Road to the beginning of the planned fence
on the property.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special
permit,as conditioned hereinabove, in order to convert a two-family home:to a three-family home
pursuant to the Town of North Andover Zoning Bylaws Section 195-4.3(N)(4)(a)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 February 19,2019,the Board voted to close the public hearing.
A motion was made by Ellen P.McIntyre and seconded by Ronn R.Faigen to grant the special permit
requested under Section 195-4.3(N)(4)(a)of the Zoning Bylaws to allow the conversion of a two-family
home to a three-family home.
The voting members in favor of the special permit: D.Paul Koch,Jr.'Ellen P.McIntyre,
Ronn R.Faigen,Alexandria A.Jacobs,and Steven
R. Seide
The voting members against the special permit: None
The Chairman declared the Board's vote to be 5-0 t THE SPECIAL PERMIT.
Nor njJr.,
er oning Board of Appeals
D. Paul sq.,Chairman
Ellen P. tyre, ice Chair
Allan Cuscia
Alexandria A.Jacobs,Esq.,Acting Clerk
Ronn R.Faigen
Michael T.Lis
Steven R. Seide
Frank J.Killilea
I
Decision 2019-01
7S Wam ly&—l—Spe lal FwaltDe Won N7.1201%105{pk•2et=a)
PETITION 2019.01 Page 2 of 3
7 E
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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