HomeMy WebLinkAbouttime stamped Special permit decision - 25 Dudley - Decision - 25 DUDLEY STREET 3/22/2021 Town of North Andover
ZONING BOARD OF APPEALS
Town Clerk Time Stamp
D.Paul Koch Jr.,Esq.,Chaitmar
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Ronn R.Fai en I ue-Cbai�r�rar G
Allan Cuscia,Cletk
Alexandria A.Jacobs,Esq.
Ellen P.McIntyre
Amodate A4embelr
Michael T.Lis
Steven R.Seide
Frank j.1{illilea
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2021
in the office of the Town Clerk pursuant
to Mass. Gen. L. ch. 40A, § 17
APPLICANT: APPLICATION DATE:
Amy Almerico-LeClair and Quinn Almerico-LeClair January 14,2021
PROPERTY: HEARING DATE:
25 Dudley Street March 09,2021
North Andover,MA 01845
Map 019,Parcel 0053 PETITION:
2021-04
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicants, by application filed January 14, 2021, have requested a Special Permit pursuant to Town of
North Andover Zoning Bylaws, Section 195-4,3(q) in the R-4 Zoning District; specifically, Applicants
have requested a special permit for the purpose of using a pre-existing converted carriage house
on the property as a 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 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•-Trihune,a newspaper of general circulation in the Town of North Andover,on February 22,2021
and March 01,2021.
The Board held a virtual public hearing on Tuesday,March 09, 2021 at 7:30 pm 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) flan of Land prepared by Scott L.Giles dated April 10,2009, containing one(1)page;
(2) Floor Plans&Elevations prepared by Herb Jones Architectural CAD-Design Computer Drafting
Services dated April 10,2009,Drawing No. 1 through Drawing No. 6, containing two(2) pages;
and
(3) Notice of Decision of the Town of North Andover Zoning Board of Appeals dated July 16,2009,
containing two(2)pages.
The Property is located at 25 Dudley Street in the R-4 Zoning District. The Property is additionally non-
conforming since the pre-existing carriage is detached from the principal dwelling unit, and the variance
therefor is the subject of a separate decision.
PETITION2Q2i-04 Page]of3
Town of North Andover
ZONING BOARD OF APPEALS
It. EINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing.
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.
While the Town of North Andover Zoning Bylaws address many of the following matters in various
sections of the Bylaws,the Board will attach the following specific conditions to the this decision for the
sake of clarity and removing all doubt:
(1) The family suite shall be occupied by Thomas LeClair,father of Amy Almerico-LeClair;
(2) The Special Permit shall expire at the time that Thomas LeClair,or other lawful family member
as prescribed by the Bylaws,ceases to occupy the family suite;
(3) The Special Permit shall expire at the time the Property is conveyed to any person,partnership,
trust,corporation, or other entity;
(4) The Applicant, by acceptance of the Certificate of Occupancy issued pursuant to this Special
Permit,grants the Building Inspector or his lawful designee the right to inspect the family suite
and Property annually to verify compliance with this decision,and/or require an affidavit of
compliance with this decision by the owner of record;and
(5) The Special Permit may be modified to accept other qualifying family members per the Bylaws
with the Board's approval.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit
in order to use a pre-existing converted carriage House on the property as a Family Suite pursuant
to the Town of North Andover Zoning Bylaws Section 195-4.3(V)in the R-4 Zoning District in
accordance with the plans,other materials, and testimony at the public hearing.
11I. MOTION VOTE AND DECISION
On March 09,2021,the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by Michael T. Lis to grant the special permit
requested under Section 195-4.3(V)of the Zoning Bylaws to allow the special permit for the purpose
of using a pre-existing converted carriage house on the property as a Family Suite in accordance
with(a)the following plans and other materials:
(1) Plan of Land prepared by Scott L. Giles dated April 10, 2009, containing one(1) page;
(2) Floor Plans&Elevations prepared by Herb Jones Architectural CAD-Design Computer Drafting
Services dated April 10,2009, Drawing No. 1 through Drawing No. 6,containing two(2)pages;
and
(3) Notice of Decision of the Town of North Andover Zoning Board of Appeals dated July 16,2009,
containing two(2)pages.
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Town of North Andover
ZONING BOARD OF APPEALS
i
and(b)the following conditions:
(1) The family suite shall be occupied by Thomas LeClair,father of Amy Almerico-LeClair;
(2) The Special Permit shall expire at the time that Thomas LeClair,or other lawful family member
as prescribed by the Bylaws, ceases to occupy the family suite;
(3) The Special Permit shall expire at the time the Property is conveyed to any person, partnership,
trust, corporation,or other entity;
(4) The Applicant, by acceptance of the Certificate of Occupancy issued pursuant to this Special
Permit,grants the Building Inspector or his lawful designee the right to inspect the family suite
and Property annually to verify compliance with this decision and/or require an affidavit of
compliance with this decision by the owner of record; and
(5) The Special Permit may be modified to accept other qualifying family members per the Bylaws
with the Board's approval.
The voting members in favor of the special permit: D. Paul Koch,Jr.,Esq., Ronn R. Faigen,
Allan Cuscia,Alexandria A. Jacobs,Esq.,and
Frank J. Ki Ili lea
The voting members against the special permit: None
The non-voting members present: Michael T. Lis and Steven R. Seide
The Chairman declared the Board's vote to be 5-0 to THE SPECIAL PERMIT.
North ove oning Board of Appeals
D.Pau ch Jr., sq.,Chairman
Ronn R. aigen, V e Chair
Allan Cuscia,Clerk
Alexandria A. Jacobs, Esq.
Ellen P. McIntyre
Michael T. Lis
Steven R. Seide
Frank J. Killilea
Decision 2021-04
5&Ji.si--permit-25Ddl,3 SUM 12.020210317(pk-2d..)dn '
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 Iapse 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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