HomeMy WebLinkAboutRecorded Decision - Decision - 87 COACHMANS LANE 11/23/2022 Town of North Andover
ZONING BOARD OF APPEALS
I2onn R.Faigen,Chair Town Clark Sr,�rup ,� r r s (N, r)7
Alexandria A.Jacobs,F-sq•,Vke-Chair �? I. .7 1 (-
Allan Cuscia,Clerk '
Michael T.Lis 61
Steven R.Seide 1.
Astotiate 11,1emiiexr 5, ., ='; z-•`_�"`-
Frank J,I{illilea
Laum Craig-Comi.n
James M.Testa
This is certify that twenty(20)ttey€,
Any appeal shall be filed within twenty Notice of Decision have elapsed from date of deciclon
days after the date of filing of this notice Calendar Year 2022 without filing a p ea
in the office of the Town Clerk pursuant
Carta bawne Warren
to Mass. Gen. L. ch. 40A, § 17 Town clerk
APPLICANT: APPLICATION DATE:
Crossroads Contracting—Nick Couture September 20,2022
PROPERTY: HEARING DATE:
87 Coachrnans Lane October 18,2022
North Andover, MA 01845
Map 0037, Parcel 0025 PETITION:
2022-018
I, PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed September 20, 2022,has requested a special permit pursuant to Town of
North Andover Zoning Bylaws, Section 195-4,2Q in the R 1 Zoning District; specifically,Applicant has
requested to construct a family suite within.the 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 Andovor, 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 hearings:
(1) Existing and Proposed Family Suite Plan prepared by Crossroads Contracting dated September
20,2022, containing one(1)page.
The Property is located at 87 Coachmans Lane in the R-1 Zoning District. The Property is non-
conforaiing as a special permit for a family suite is required pursuant to Section 1954.2Q of the Town of
North Andover Zoning Bylaws,
A ftue Copy
PETITION 2022-018
.(��yrq,�.p� Page 1 of3
'Town Clerk
Town of North, Andover
II ZONING BOARD OF APPEALS
II. FINDi1NGS/DISCUSSION]CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the
hearings.
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 developdd 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 basement of the existing hone pursuant to the Towne of North
.Andover Zoning Bylaws Section 195-4.2Q in the R-1 Zoning District in accordance with the plan, other
materials, and testimony at the public hearing.
III. 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 195-4.2Q of the Zoning Bylaws to allow the construction of a family suite in the
basement of the existing home in accordance with the following plan and other materials:
(1) Existing and Proposed Family Suite Plan prepared by Crossroads Contracting dated September
20,2022,containing one(1)page.
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
James M.Testa
The voting members against the special permit: None
The non voting members present: Ronn R.Faigen,Frank J.Killillea,and
Laura Craig-Comin
PE7710N 2022-018 Page 2 of 3
' o
Town of North Andover
ZONING BOARD OF APPEALS
The Chairperson declared the Board's vote to be 5-0 to RANT THE SPECIAL PERMIT.
*NorthndoverZoning aerd of Appeals
Ronn R. Faigen, Chair
Alexandria A, Jacobs, Vice-Chair(Acting Chair)
Allan Cuscia, Clerk
Michael T. Lis
Steven R, Seide
Frank J. Killilea
Decision 2022-018
nec1sr0W-R7Cft0n111m L,r
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 band 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. .
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