HomeMy WebLinkAbout2019-08-20 Zoning WSP NEVER ENACTED 62 Saile Way Town of North Andover
ZONING BOARD OF APPEALS
D. Paul Koch Jr.,Esq.,Chaitmrut Town C lerk`rime Stamp
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Elicit P. McIntyre, Ilice-Chairrwan
Allan Cuscia,Clerk
Alexandria A.Jacobs,Esq.
Ronn It. Faigen
As addle Alemberr
Michael'r. Lis
Steven R.Seide
Frank J. Killilea
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Yea1-2019
in the office of the Town Clerk pursuant
to Mass. Gen. L. ch. 40A, § 17
APPLICANT: APPLICATION DATE:
Maria and Anthony DeMareo May 16, 2019
PROPERTY: HEARING DATE:
62 Sane Way June 11, 2019
North Andover, MA 01845
Map 0062, Parcel 0046 PETITION:
2019-05
I, PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed May 16, 2019, has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-4.19(B)(3)(a) in the R-1 Zoning District; specifically, Applicant
has requested a variance for construction of an in-ground pool.
The Application requires a hearing before the North Andover Zoning Board of Appeals ("Board"), and
due notice of the hearing was given by (nailing 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-7 -ibune, a newspaper of general circulation in the Town of North Andover, on May 28, 2019 and
June 4, 2019.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA on
"Tuesday, June 11, 2019 at 7:30 PM with respect to the Property, which is located in the R-1 Zoning
District
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Letter of Authority dated May 16, 2019
(2) Correspondence from Greg J. Hoclunuth, RS, CWS, PWS, Project Manager at Williams
Sparages LLC dated May 16, 2019
(3) Proposed Operation & Maintenance Plan and Inspection and Maintenance Form
(4) Site Plan #112515 by Williams & Sparages dated May 14, 2019
(5) Plan by Pools by Andrews dated April 1, 2019
The Property is located at 62 Saile Way in the R-1 Zoning District.
II. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the ;materials submitted and the information presented at the hearing.
PETITION 2019-05 Page I of 3
Town of North Andover
ZONING BOARD OF APPEALS
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 Bylaws will involve substantial hardship,
financial or otherwise, to Applicant, and that desirable relief inay be granted without substantial detriment
to the public good and without nullifying or substantially derogating from the intent or purpose of the
Bylaws.
The Board attaches the following conditions to the findings and this decision:
(1) prior to any major discharge of the pool, the contents shall sit for seventy-two (72) hours to
ensure dissipation of chemicals
(2) any minor discharge of the pool shall be directed to the existing subsurface infiltration or a dry
well to be installed by Applicant
(3) Applicant shall implement and follow the Operation & Maintenance Plan submitted with the
Application
Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested variance in
order to construct an in-ground pool pursuant to the Town of North Andover Zoning Bylaws Section 195-
4.19(B)(3)(a) in the R-1 Zoning District in accordance with the plans, other materials, testimony at the
public hearing, and above-listed conditions.
III. MOTION VOTE AND DECISION
On June 11, 2019, the Board voted to close the public hearing.
A motion was made by Ellen P. McIntyre and seconded by Allan Cuscia to grant the variance requested
tender Section 195-4.19(B)(3)(a) of the Zoning Bylaws to allow a variance fi•orn Section 195-
4.19(B)(3)(a) (Watershed Protection District Non-Discharge Buffer Zone) of the Zoning Bylaws for the
construction of an in-ground pool in accordance with (a) the following plans and other materials:
(1) Letter of Authority dated May 16, 2019
(2) Correspondence from Greg J. Hochmuth, RS, CWS, PWS, Project Manager at Williams &
Spat-ages LLC dated May 16, 2019
(3) Proposed Operation &Maintenance Plan with Inspection and Maintenance Form
(4) Site Plan #12515 by Williams & Spat-ages dated May 14, 2019
(5) Plan by Pools by Andrews dated April 1, 2019
and (b) the following; conditions:
(1) prior to any major discharge of the pool, the contents shall sit for seventy-two (72) hours to
ensure dissipation of chemicals
(2) any minor discharge of the pool shall be directed to the existing subsurface infiltration or a dry
well to be installed by Applicant
(3) Applicant shall implement and follow the Operation & Maintenance Plan submitted with the
Application
The voting members in favor of the variance: D. Paul Koch, Jr., Ellen P. McIntyre, Allan Cuscia,
Alexandria A. Jacobs, and Steven R. Seide
The voting members against the variance: None
The non-voting members present: Frank J. Killilea and Michael T. Lis
PETITION 20I4-05 Page 2 of 3
Towle of North Andover
ZONING BOARD OF APPEALS
The Chairman declared the Board's vote to be 5-0 to GR N+ T JE VARIANCE.
l
Nor-O j itlo er- ning Board of Appeals
D. Paull�Ikoch Jr., q., Chairman
Ellen P. McIntyre, ice Chain
Allan Cuscia, Clerk
Alexandria A. Jacobs, Esq.
Ronn R. Faigen
Michael T. Lis
Steven R. Seide
Frank J. Killilea
Decision 2019-05
62 wife way••Nxision v2V 201%*17(pk-Rc n)
Dotes:
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 floes 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 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 (l)
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
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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PETITION 20 r 9-05 Page 3 of 3