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Home My WebLink AboutDecision - Decision - 96 CAMPION ROAD 11/17/2022 RECEIPT 6 Printed: November 17, 2022 9:15:2 Essex North Registry M. Paul Tannuccillo Register Trans#: 18486 Oper:LRRECJON CASH Book: 17624�Page: 103 ^Inst#:-26635-- Ctl#: 18 Rec:11-17-2022 9:15:20a NANO 96 CAMPION RO DOC DESCRIPTION TRANS AMT --ur-----DECISION Surcharge CPA $50,00 50.00 50.00 recording fee 50.00 5.00 TECH FEE 5,00 Total fees: -105.00 *W Total charges: 105,00 CASH PMT PAYMENT -CASH 105.06 Town of North Andover ZONING BOARD OF APPEALS Ronn R.Faigen,Chair Town Clerk Time Stamp Alexandria A.Jacobs,Esq.,Vice-Chair Allan Cuscia,Clerk Michael T.Isis _ Steven R.Seide Associate Afembeis r ; Frank J . . ..•, ICi-Co Laura Craig-Comin 1 a 1-< A_7 air 2 4- P "10:3 -�'26 6 3 JamesM.Testa A. I--1 7— 20''�2 0 C rn 1 15,Lt R et: 's U r- !=f Any appeal shall be filed within twent This is certify that twF,nty(20)days y Notice of Decision have elapsed frorn date of decision days after the date of filing of this notice Calendar Year 2022 without filing of an 9ppeal Date_11.4111 in the office of the Town Clerk pursuant Carla Dawne warren to Mass. Gen. L, ch. 40A, § 17 Town clerk APPLICANT: APPLICATION DATE: Kristopher Hebert September 19,2022 PROPERTY: HEARING DATE: 96 Campion Road October 18, 2022 North Andover, MA 01845 Map 062.00, Parcel 0084 PETITION: 2022-016 I, PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed September 19,2022,has requested a special permit pursuant to Town of North Andover Zoning Bylaws, Section 1954.2Q Family suite in the R-1 Zoning District; specifically, Applicant has requested a family suite with a Gross Floor Area("GFA") of 1,010 sf. Existing GFA is 6,042 sf., allowed GFA is 1,200 or 25%,whichever is less,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-Tribune, a newspaper of general circulation in the Town of North Andover, on October 03,2022 and October 10,2022. The'Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday, October 18, 2022 at 7:30 p.m. 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) Certified Plot Plan prepared by John Abagis&Associates dated August 04,2022 and Revised September 09,2022,containing one (1)page; (2) Existing Plans prepared by LYFarchitects dated September 08,2022,containing four(4)pages (G100, G201, G301, D100); and , (3) Proposed Floor&Elevation Plans prepared by LYFarchitects dated September 48,2022, , containing six(6)pages(S001, S100, S110,A100,A110,A201). The Property is located at 96 Campion Road in the R-1 Zoning District. The Property is non-co nfor Ing as a special permit for a family suite is required pursuant to Section 195-4.2Q of the Town of North Andover Zoning Bylaws. PETITION 2022-016 Page l of 3 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 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,(e)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. Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit in order to allow a family suite with a Gross Floor Area("GFA") of 1,010 sf. Existing GFA is 6,042 sf, allowed GFA is 1,200 or 25%,whichever is less with respect to the Property pursuant to the Town of North Andover Zoning Bylaws Section 1954.2Q in the R-1 Zoning District in accordance with the plans, other materials, and testimony at the public hearing. 111. MOTION, VOTE,AND DECISION On October 18,2022,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 1954.2Q of the Zoning Bylaws to allow a family suite with a Gross.Floor Area ("GFA") of 1,010 s£ Existing GFA is 6,042 sf, allowed GFA is 1,200 or 25%,whichever is less with respect to the Property in accordance with the following plans and other materials: (1) Ceilified Plot Plan prepared by John Abagis & Associates dated August 04,2022 and Revised September 09, 2022, containing one(1)page; (2) Existing Plans prepared by LYFarchitects dated September 08, 2022,containing four(4)pages (G100, G201,G301, D100); and (3) Proposed Floor&Elevation flans prepared by LYFarchitects dated September 08, 2022, containing six(6)pages(S001, S100, S110, A100,Al10,A201). and the following conditions pursuant to Town of North Andover Zoning Bylaws, Section 195-4.2Q: (1) The dwelling unit is not occupied by anyone except brothers,sisters,maternal and paternal parents and grandparents,or children of the residing owners of the dwelling unit, (2) The premises are inspected annually by the Building Inspector for conformance to this section of the bylaw; (3) The special permit shall be recorded at the North Essex Registry of Deeds. The voting members in favor of the special pern it: Alexandria A.Jacobs,Esq.,Allan Cuscia, Michael T. Lis, Steven R. Seide, and Frank J.Killilea The voting members against the special permit: None The non-voting members present: Rona.R.Faigen, Laura Craig-Cornin, and James M.Testa PETITION 2022-016 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS The Chairperson declared the Board's vote to be 5-0 to GRANT THE SPECIAL PERMIT. do Zoning B rd of Appeals Ronn R. Faigen, Chair Alexandria A. Jacobs, Vice-Chair(Aeting Chair) Allan Cuscia, Clerk Michael T. Lis Steven R. Seide Frank J. Killilea Decision 2022-016 6PX1SS4N-%C=pl m Rud Notes: 1. A decision granting a variance or a special pen-nit 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, (a) 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(b) 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 pursuant to the provisions of Town of North Andover Zoning Bylaws Section 195- 10.7, THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2022-016 Page 3 of 3