HomeMy WebLinkAboutRecorded Decision-369 Waverly 10.08.2020 - Decision - 369 WAVERLY ROAD 10/8/2020 Town of North Andover
ZONING BOARD OF APPEALS
D.Paul Koch Jr.,Esq.,Chairman ' Town Clerk Time Stamp i
Ellen P.McIntyre,Vice-Chairman
llllan Guseia,Clerk
Alexandria A.Jacobs,Esq. h E
Ronn R.Faigen
Asrodate Members ,
Michael T.Lis to that twenty(20)days
Steven R.Seide : This is a certify
Frank J.Kitlilea have elapsed�m date of dadslon
vtitltout filing of an appa811X j ejz 4)
Date
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Any appeal shall be.ftled within twenty Notice of Decision -town Cleric
days after the date of filing of this notice Calendar Year 2020
in the office of the Town Clerk pursuant . , ` a' '
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to Mass. Gen.L.ch 40A,§ I7 _ (t
APPLICANT APPLICATION DATE:
Arthur Allen August 13,2020
PROPERTY HEARING DATE-
3 69 Waverly Road September 08,2020
North Andover,MA,.61845 I
Map 011.0,Parcel Obk PETITION:
2020-09
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1. PROCEDURAL 1918TORY AND:STATEMENT OF FACTS
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Applicant,by application filed August 13,2020,has requested a special permit pursuant to Town of
North Andover Zoning Bylaws, Section 195-4.3 V in the R-4 Zoning District;specihically,.Appliciait has
requested a Special Permit pursuant io,Town of North Andover Zoning Bylaws, Section 195-4.3 V for the
purpose of corlstructing!k Family Suite with respect to the Property.
The Application requires a hearing before the North'Andover Zoning Board of Appeals('Board"),and
due notice of the bearing 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-Tribyge,:a newspaper of general circulation in the Town of North Andover, on August 24,2020
and August 111,.2020.
The Board held a public hearing remotely,via conference call, on Tuesday, September 08,2020 at 1:30
p.m. 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) Plan,of Land prepared by Dante Bartolomeo and Henry R. Himber,219 Salem Street,Andover,
MA,01810 dated June 12,2004, containing one(1).page. The Board'noted that due to tho date of
this plan,a"Proposed;Addition" is shower. However,the "Proposed Addition"was actually
constructed in 2004 and has�bcen an "existing" addition for appyoximately sixteen(16)years. .
(2):1xisting and Proposed Floor Plans X-1,X,X-2,and X-3 prepared by Martha Maclnnis,58
-Regent Ave.,Bradford,MA,01835 dated July 22,2020,containing four(4)pages,
The Property is located at 369 Waverly Road in the R-4 Zoning District
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Town of North Andover
ZONING BOARD OF APPEALS
II. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the bearing.
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 195.9.1 of the Bylaws and as conditioned below,the
Applicant's proposed change, extension, or alteration to the Property is not substantially more detrimental
to the neighborhood than the existing conditions.
The Board further notes that under Section 195-4.3, the Applicant has stated that the Family Suite will be
occupied by Applicant's son.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit
in order to construct a family suite pursuant to the Town of North Andover Zoning Bylaws Section 195-
4.3V 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 September 08,2020,the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by Ronn R. Faigen to grant the special permit
requested under Section 195-4.3V of the Zoning Bylaws to allow the Applicant to construct a family suite
in accordance with the following plans and other materials:
(1) Plan of Land prepared by Dante Bartolomeo and Hemy R. Himber,219 Salem Street,Andover,
MA, 01810 dated June 12,2004, containing one(1)page. The Board noted that due to the date of
this plan, a"Proposed Addition" is shown. However, the"Proposed Addition"was actually
constructed in 2004 and has been an"existing" addition for approximately sixteen(16)years.
(2) Existing and Proposed Floor Plans X-1,X,X-2,and X-3 prepared by Martha MacInnis,58
Regent Ave.,Bradford,MA, 01835 dated July 22,2020, containing four(4)pages.
The voting members in favor of the special permit: D. Paul Koch, Jr.,Esq.,Ellen P. McIntyre,
Alexandria A.Jacobs,Esq.,and Ronn R.Faigen
The voting member against the special permit: Allan Cuscia
The nonvoting members present: Steven R. Scide,Michael T. Lis, and
Frank J.Killilea
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PETITION 2020-09 Page 2 of 3
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Town of North Andover
ZONING BOARD OF APPEALS
The Chairman declared the Board's vote to be 4-1 to NT THE SPECIAL PERMIT.
Nor And er Zoning Board of Appeals
D.Pau Koch r.,Esq., Chairman
Ellen R McIntyre, Vice Chair
Allan Cuscia,Clerk
Alexandria A. Jacobs,Esq.
Ronn R.Faigen
Michael T. Lis
Steven R. Seide
Frank J. Killilea
Decision 2020-09
369—dy road--decision v2 20200916{pl-2elean}do.:
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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