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Home My WebLink AboutDecision - Decision - 25 Beechwood Drive 3/18/2021 1 Town of North Andover ZONING BOARD OF APPEALS i D,Paul loch Jr.,Esq.,Cbahman "town Clerk Time Stamp Ronn R.Paigen, lire-Cbanman Allan Cuscia,Clerk Alexandria A.Jacobs,Esq, t Ellen.P.McIntyre Arsodate Members Michael T,Lis Steven R.Seide j Frank-J.I{illilea Any appeal shall be filed within twenty Notice of Decision days after the date of filing of this notice Calendar Year 2021 in the office of the Town.Clerk pursuant to Mass. Gen.L. ch.40A, § 17 i 1 APPLICANT: APPLICATION DATE: Albacado Limited Partnership January 14,2021 PROPERTY; HEARING DATES: 00 Beechwood Drive February 09,2021 and March 09,2021 North Andover,MA 01845 Map 34,Parcel 50 PETITION: 2021-01 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed January 14,2021,has requested a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.1A for Contiguous Buildable Area in the CDD-3 Zoning District; specifically,Applicant has requested a relief variance of 3,184 s£ (the CBA proposed is 78,491 sf and the CBA required is 81,675 sf)for the purpose of constructing an enclosed three-story self-storage facility 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 January 25,2021 and February 01,2021. i The Board held virtual public hearings on Tuesday,February 09,2021 at 7:30 pin and Tuesday,March 09,2021 at 7:30 pin with respect to the Property,which is located in the CDD-3 Zoning District, The following plans and exhibits were submitted with the Application or at the public hearings: (1) Site Development Plans C-I (Cover Sheet),C-2(Notes&Legend),C-3 (Site Layout Plan), C-4 (Grading&Drainage Plan),and C-6(Utility Plan)prepared by TFMoran,Inc. dated December 8, 2020,containing five(5)pages; (2) Existing Conditions Plan prepared by TFMoran,Inc. dated December 21,2020,containing one (1)Pages (3) Architectural Elevations and Renderings A201 (Elevations),A202(Elevations),and A901 (Renderings)prepared by Dennis Mires,P.A. dated February 16,2021,containing three(3) pages; (4) Plan of Land prepared by Christiansen&Sergi dated July 17, 1996 containing one(1)page; PETITION 2021-01 Page I of Town of North Andover ZONING BOARD OF APPEALS (5) Definitive Subdivision Plan-Cover Sheet, Sheet 1 of 3 prepared by Christiansen&Sergi,Inc, dated May 27, 1994 containing one(1)page; (6) Definitive Subdivision Plan-Order of Conditions, Sheet IA of 5 prepared by Christiansen& Sergi,Inc, dated May 27, 1994 containing one(1)page;and (7) Definitive Subdivision Plan-Plan of Lots, Sheet 2 of 5 prepared by Chiristiansen&Sergi,Inc. dated May 27, 1994 containing one(1)page. The Property is located at 00 Beechwood Drive in the CDD-3 Zoning District. 11. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. 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 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 an enclosed three-story self-storage facility pursuant to the Town of North Andover Zoning Bylaws Section 195-7.IA for Contiguous Buildable Area in the CDD-3 Zoning District in accordance with the plans,other materials,and testimony at the public hearings. Ill. MOTION,VOTE,ANU DECISION On March 09,2021,the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by Ronn R.Faigen to grant the variance requested under Section 195-7,1 A of the Zoning Bylaws to allow a relief variance of 3,184 sf. (the CBA proposed is 78,491 sf and the CBA required is 81,675 so for the purpose of constructing an enclosed three-story,self- storage facility in accordance with(a)the following plans and other materials: (1) Site Development Plans C-I (Cover Sheet),C-2(Notes&Legend), C-3 (Site Layout Plan),C-4 (Grading&Drainage Plan),and C-6(Utility Plan)prepared by TFMoran,Inc. dated December 8, 2020,containing five(5)pages; (2) Existing Conditions Plan prepared by TFMoran, Inc.dated December 21,2020,containing one (1)page; and (3) Architectural Elevations and Renderings A201 (Elevations),A202(Elevations),and A901 (Renderings)prepared by Dennis Mires,P.A. dated February 16,2021,containing three(3) pages. The voting members in favor of the variance: D.-Paul Koch,Jr.,Esq.,Allan Cuscia,Ronn R.Faigen, Alexandria A.Jacobs,Esq.,and Michael T. Lis The voting members against the variance: None The non-voting members present: Steven R. Seide and Frank J.Killilea PETITION 202 1-01 Page of3 Town of North Andover 1 ZONING BOARD OF APPEALS t The Chairman declared the Board's vote to be 5-0 to G THE VARUNCE. North Vhairman Board of Appeals D.Paul h Ronn R.F 'geair Allan Cuscia,Clerk Alexandria A.Jacobs,Esq. Ellen P. McIntyre Michael T.Lis Steven R. Seide Frank J.Killilea Decision 2021-01 Neikn•0 Utahwaad Driw r2.6 20210315(pk-141—) 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 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,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 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. 1 1 THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. END OF DOCUMENT PETITION 2021-01 Page 3 of 3