HomeMy WebLinkAboutDecision - Decision - 290 WEBSTER WOODS 11/18/2022 7 6 25o F'-�Fi9 5 w'2/6 7 17
Town of North Andover
"=R E C E I P T TYING BOARD OFAPPFAM, �s2—::P 41- 2
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Printed: November 18, 2022 @ 9:07:0 rr LD!4 7 Q L
Essex North Registry
M. Paul Iannuccillo
Reg i ster 6
Transif: 18537 Oper:KAIF
SOUCY
Book: 17625 Page: 95 Inst#: 26717
Ctl#: 17 Reo:11-18-2022 @ 9:07:02a
NAND 290 WEBSTER WOODS LN
This is certify that twenty(20)days
DOC DESCRIPTION TRANS AMT -nty Notice of Decision have elapsed from date of decision
--- ----------- --------- without filing or 0 appeal.
DECISION otice Calendar Year 2022 Date
Surcharge CPA $50.00 50.00 cant. Carla Dawne Warren
50.00 recording fee 50.00 Town Clerk
5.00 TECH FEE 5.00
Total fees: 105.00 APPLICATION DATE:,
it- Total charges: 105.00 September 19,2022
CHECK PM 1228 105.00 HEARING DATE:
October 18,2022
PETITION:
2022-017 -
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 195-4.2Q Family suite in the R-2 Zoning District; specifically,
Applicant has requested to construct a family suite within the unfinished basement of the existing home
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 R2 Zoning
District.
The,following plans and exhibits were submitted with the Application or at the public hearing:
(1) Plan of Land prepared by Williams& Sparages dated August 16,2022,containing one(1)page;
(2) Existing Floor and Elevation Plans prepared by Michele Q.Littlefield dated September 12,2022,
containing eleven(11)pages (A-001,A-050,A-100 through A-102,A-150,A-160,A-201
through A-202); and
(3) Proposed Interior Renderings and Interior Elevation Plans prepared by Michele Q.Littlefield
dated September 12,2022,containing four(4)pages (A-200,A-25 Ith.rough A-253).
The Property is located at 290 Webster Woods Lane,North Andover,MA 01845 iri the R-2 Zoning
District. The Property is non-conforming as a special permit for a family suite is required pursuant to
Section 195-4.2Q of the Town of North Andover Zoning Bylaws. Nmslr.- -- - ,
PETITION 2022-017 A True Copy
Page I of 3
own Cler1c.
6 2 5 P:i5T9 5 2 6 7 17
Town of North Andover
ZONING BOARD OF APPRA&S2,5
Ronn R.Faigen,Chair
A Alexandria A.Jacobs,Esq., Vic,-Chair
Allan Cuscia,ClerA
Michael T.Us
Steven I Seide
Assoelate Members
Frank J.Killilea
Laura Craig-Comin
James M.Testa
This is certify that twenty(20)days
Nava elapsed from date of decision
I
Any appeal shall be filed within twenty Notice of Decision without filing or' appeal.
days after the date Of filing of this notice Calendar Year 2022 Dite. @L C)o.
in the office of the Town Clerk pursuant Carla Dawne Warren
to Mass. Gen. L. ch. 40A, § 17 Town Clerk
APPLICANT: APPLICATION DATE:
JeffSoucy September 19,2022
PROPERTY: HEARING DATE:
290 Webster Woods Lane October 18, 2022
North Andover,MA 01845
Map-106.B,Parcel 0 170 PETITION:
2022-017 -
1. 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-2 Zoning District; specifically,
Applicant has requested to construct a family suite within the unfinished basement of the existing home
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-2 Zoning
District.
The.following plans and exhibits were submitted with the Application or at the public hearing:
(1) Plan of Land prepared by Williams&Sparages dated August 16,2022,containing one(1),page;
(2) Existing Floor and Elevation Plans prepared by Michele Q. Littlefield dated September 121 2022,
containing eleven(11)pages (A-001,A-050,A-100 through A-102,A-150,A-160,A-201'
through A-202); and
(3) Proposed Interior Renderings and Interior Elevation Plans prepared by Michele Q.Littlefield
dated September 12,2022,containing four(4)pages (A-200,A-251through A-253).
The Property is located at 290 Webster Woods Lane,North Andover,MA 01845 in the R-2 Zoning
District. The Property is non-conforming as a special permit for a family suite is requiied pursuant to
Section 195-4.2Q of the Town of North Andover Zoning Bylaws. NITEST.-
A True Copy
PET17171014 2022-017
Page I of 3
'Town Clerk
Town of North Andover
ZONING BOARD Op APPEALS
U. FINDIN ISCUSSION/Co--
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.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit
in order to construct a family suite in the unfinished basement of the existing home pursuant to the Town
of North Andover Zoning Bylaws Section 195A.2Q in the R-2 Zoning District in accordance with the
plans, other materials, and testimony at the public hearing.
1H. MOTION VO
TE AND DECISION
On October 18,2022,the Board voted to close the public bearing.
A motion was made by Allan Cuscia and seconded by Michael T. Lis to grant the special permit
requested under Section 195-4.2Q of the Zoning Bylaws to ow the construction f a family suite in the
unfinished basement of the existing home in accordance with
ti o ami
h the following plans and other materials:
(1) Plan of Land prepared by Williams &Sparages dated August 16,2022, containing one(1)page;
(2) Existing Floor and Elevation Plans prepared by Michele Q.Littlefield dated September 12,2022
containing eleven(11)pages(A-00 1,A-050,A-1 00 through A-102,A-1 50,A-1 60,A-201
through A-202); and
(3) Proposed Interior Renderings and Interior Elevation Plans prepared by Michele Q.Littlefield
dated September 12,2022 containing f6ur(4)pages(A-200,A-25 I through A-25 3).
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 permit: Alexandria A.Jacobs,Allan Cuscia,
Michael T.Lis,Steven R. Seide,and
Laura-Craig Conlin
The voting members against the special permits: None
The non-voting members present: Rona R.Faigen, Frank J.Killilea, and
James M. Testa
PETRION 2022-017
Page 2 of 3
Town of North Andover
ZONING BOARD op AppEALS
The Chairperson declared the Board's vote to be 5-0 to GRANT THE SPECUL P T.
P
"P ECIALZ
Bo
North D r
No*hdover Zoning B r of Appeals
d� Appea
Ronn R.Faigen, Chair 4
Alexandria A. Jacobs, Vice-Chair(Aedng Chair)
Allan Cuscia, Clerk
Michael T. Lis
Steven R. Seide
Frank J.Killilea
Decision 2022-017
Notes:
I 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 o f* 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.
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END OF DOCUMENT
PRTMON 2022-017
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