HomeMy WebLinkAboutRecorded Decision 2022.12.22 - Decision - 104 BONNY LANE 12/22/2022 Town of North Andb'veri.
ZONING BOARD OF .kPPEALS '' h
Ronn R.Faigen,Chair Town Clerk Time Stamp
Alexandria A.Jacobs,Esq.,Vice-Chair i 1< {+ �I G' %l T- 3 3
Allan Cuscia,Clerk b °
14iichael T.Lis
Steven R.Scide
Ajsodate Members
Frank J.KiMica r I:_y 1 ,' : •' r:il-. jEJ, '
Laura Ccai$' om Cic ,E,, h E r n
It I ._. .
James M.Testa ;:
This is certify that twenty(20)days
Any appeal shall be filed within twenty Notice of Decision have elapscd fruni date of decision
days after the date of filing of this notice Calendar Year 2022 without tiling o�'�,n ap a I.
y g pats � .2 ,�.a�
in the office of the Town Clerk pursuant Carla Dawrn wa, n
to Mass. Gen, L. ch. 40A, § 17 Town Cod<
APPLICANT: APPLICATION DATE:
Patrick J. Gaffny October 18,2022
PROPERTY: HE, DATES:
104 Bonny Lane November 15, 2022
North Andover, MA 01845
Map 062.0,Parcel 0047 PETITION:
2022-020
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed October 18,2022, has requested a variance pursuant to Town of North
Andover Zoning Bylaws Section 195-4.19.C(2)(c)Non-Disturbance Buffer Zone in the R-1 Zoning
District; specifically,Applicant has requested the construction of a new permanent structure of an
inground swimming pool within the 100-foot Non-Disturbance Buffer Zone of a wetland resource area
located within the Watershed Protection District 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 31, 2022
and November 07,2022.
The Board held a public hearing at School Administration Building, 566 Main Street,North Andover,
MA on Tuesday,November 15,2022 at 7:30 p,m. with respect to the Property,which is located in the R-
I Zoning District.
The following plans and exhibits were submitted with the Application or at the public hearing;
(1) Plan of Land prepared by Andover Consultants,Inc. dated March 21,2022.
The Property is located at 104 Bonny Lane,North Andover, MA 01845 in the R-1 Zoning District. The
Property is non-conforming as it is located within the 100-foot Non-Disturbance Zone of a wetland
resource located within the Watershed Protection Overlay District.
11. FINDINGS/DISCUSSION/CONDITIONS AWLS'[`
ATrue Copy
1'ET1TlOtd 2022-020 TOW11 Page 1 of
Town of North Andover
ZONING BOARD OF APPEALS
The Board has made careful study of the materials submitted and the information presented at the hearing.
The Board also notes that among the most significant issues that arose at the hearing were the size of the
proposed swimming pool and the concern of the chemicals being leached into the wetlands,
The Board finds that owing to circumstances relating to soil conditions,shape,or topography of the Iand
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 substanfial hardship,
financial or otherwise, to Applicant, and that desirable relief may be granted without substantial detriment
to the public good and without nullifying or substantially derogating from the intent or purpose of the
Bylaws.
Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested variance in
order to construct a new permanent structure(inground swimming pool)within the 100-foot Non-
Disturbance Buffer Zone of a wetland resource area located within the Watershed Protection District
pursuant to the Torun of North Andover Zoning Bylaws Section 195-4.19C(2)(c)in the R 1 Zoning
District in accordance with the plans, other materials, and testimony at the public hearing,
III. MOTION VOTE AND DECISION
On November 15,2022,the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by Steven R. Seide to grant the variance requested
under Section 195-4.19.C(2)(c)of the Zoning Bylaws to allow the construction of a permanent structure
of a 20x3 6 inground swimming pool within the 100-foot Non-Disturbance Buffer Zone of a wetland
resource area located within the Watershed Protection District in accordance with the following plans and
other materials:
(1) Plan of Land prepared by Andover Consultants,Inc. dated March 21, 2022.
The voting members in favor of the variance: Allan Cuscia, Steven R. Seide,Michael T. Lis,
Frank J. Killilea,and Laura Craig-Cornin
The voting members against the variance: None
The hon-voting members present: Ronn R. Faigen
The Chairman declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
North Andover Zoning Board of Appeals
Ronn R. Faigen, Chair
Alexandria A. Jacobs, Esq., Vice-Chair
Allan Cuscia, Clerk
Michael T. Lis
Steven R. Seide
Frank J. Killilea
Laura Craig-Cumin
James M. Testa
Decision 2022-020
DnW"-las Bonn law
PETITION 2022.020 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
Notes:
L 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.
1 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 2022-020 Page 3 of 3
RECEIPT
Printed: December 22, 2022 0 11:15:2
Essex North Registry
M. Paul Iannuccillo
Register
Trans#: 20066 Oper:KAIF
GAFFNY
Book: 17651 Page: 64 Inst#: 28954
Ctl#: 46 Rec:12-22-2022 p 11:15:20a
NAND 104 BUNNY LN
DOC DESCRIPTION TRANS AMT
----------- _ -----_
DECISION
Surcharge CPA $50.00 50.00
50.00 recording fee 50.00
i 5.00 TECH FEE ---r5.00
Total fees: 105.00
wtw Total charges: 105.00
CASH PMT PAYMENT -CASH 105.00
E
