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HomeMy WebLinkAboutRecorded Decision - Decision - 1160 GREAT POND ROAD 7/13/2022 Bk 17506 Pg173 #16557 Town of North Andover 07-13-2022 @ 08 : 02a ZONING BoAka of APPEALS RECEIVED Rom) R. . f � 1.1"" OFFICE Altxmridfi,,,N,);,c<)b,, 11 ite-c6dr IM10 Swop Uan Cuss C(trh If. APIR 25 AM 10, 30 D,Paul Koch,Jr.,Eml, ­1446dXe Alembra TOWN OF MichadT.ms HORT'ri A, 00VER Steveft R,SLide TQ FwakJ,KilMen Any appeal shall be filed within twenty Notice of Decision This is certify that twenty daY3 have elapsed from date Of dids!011 days after the date of filing of this notice Calendar Year 2t)22 Without filing of an appeal f in t4 Office of the Town Clerk pursuant pate to Mass. Gen.L.ch.40A, § 17 Gana Da ewrien Town ri;w APP CANT- APPLICATION DATE:P' 1,202 Brooks School (Boathouse) Brooks March 16,2022 G DATE: PROPERTY; HE April I2,r 2022 P ION. ET _ 2622.003 1]60 Great Pond Road HEARING' North Andover, MA 0 1845 April 12,2022 Map 103.0. Parcel 0028 PETITION. L=MA, e,60k 536 pAre -2 ,76 �7_-7,6 L-p—ROC-ED"R A I-W-Er"%nu AND STATEMENTLOP,PACTS Applicant,by application filed Match 16,2022,has requested variances pursuant to Town of North Andover Zoning Bylaws, Section 195_4_1 g.C.,).c for construction of a new permanent structure in the non-disturbance buffer zone Of the watershed protection district and.Section 195-4.20.F to al low for an expansion of up to 55%of gross floor area of the replacement structure in the R-I Zoning District for the Purpose of constructing a new boathouse structure. 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 Eagle-rrlbune,a newspaper of general circulation in the Town of North Andover, on March 28.2 11 abutters provided by the Assessor's Office of the Town of North Andover and were published in T e April 04. 2022. and The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday. April 12, 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 or8t the public hearing: (I) Zoning Application Plan of Proposed Boatho'use prepared by Whilman&Bingham Associates dated March I I., 2022,containing one(1)page; (2) Project Area/Campus overall Plan Of Boathouse Improvements prepared by A.T. Leonard & Associates dated March 04,2022..containing six(6)pages(LO.01, U.00,Ll, L1.04); 01.1.1.02, L 1.03. (3) Floor and Elevation Plans of Proposed Boathouse prepared by Olson, Lewis&Architects dated March 04,2022,containing six(6)pages(A2.0.A3.1. A3.1,A3.1, A3.1,A4.0); PrTfTfON 2022-003 A7719P. A TYUe COPY Page 1 0(3 Tiywa Clerk Bk 17506 Pg174 #16557 Town of North Andover ZONING HOARD OF APPEALS (4) Memorandum In Support of Petition for Variance prepared by Brian G. Vaughan,Esq. of Smolak & Vaughan,LLP dated March 16,2022,containing three(3)pages;.and (5) Board of State Examiners of Plumbers and Gasfitter's Decision dated March 15,2022,containing one(1)page. The Property is located at 1160 Great Pond Road in the R-I Zoning District. The Property is non- conforming as follows. the proposed construction is determined to be located in a Non-Disturbance Buffer Zone within the Watershed Protection District and is in excess of the 25%limitation of gross floor area. IL lE'1INDTN S/Dl<SCGSSION/C©NDITIONS The Board has trade careful study ofthe materials submitted and the information presented at the hearing. The Board finds that owing to circumstances relating to soil conditions,shape,or topography of tile land or structures and especially affecting such.land or strictures but not affecting generally the zoning district in general,a literal enforcement of the provisions of the Bylaws wi If 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 variances in order to construct a new permanent structure in the non-disturbance buffer zone of the watershed protection district pursuant to the Town of North Andover Zoning Bylaws Section 195-4.1 9.C.2.c and Section 1954.20.17 to allow for an expansion of up to 55%of gross floor area of the replacement structure in the R-I Zoning District in accordance with theplans,other materials,and testimony at the public hearing. 1iIL IYIOTION.VOTE,AND DECISION On April 12.2022,the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by D. Paul Koch,Jr., Esq.to grant the variances requested under Section 1954.19.C.2.c and Section 1954.20.P of the.Zoning Bylaws to allow the construction of a new permanent structure in the non-disturbance buffer zone of the watershed protection district and to allow for an expansion of up to 55%of gross floor area of the replacement structure in accordance with tite following plans and other materials: (1) Zoning Application Plan of Proposed Boathouse prepared by Whitman&Bingham Associates dated March 11,2022,containing one(1)page; (2) Project Area/Campus Overall Plan of Boathouse Improvements prepwedl by A.T. Leonard & Associates dated March 04,2022,containing six(6)pages(LO.01, L 1,00. L 1.01.L 1.02, L 1.03, L 1.04); (3) Floor and Elevation Plans of Proposed Boathouse prepared by Olson,Lewis&Architects dated March 04,2022,containing six(6)pages(A2.0.A3.1,A3.1,A3.1,A3.1,A4.0); ('l) Memorandum in Support of petition for Variance prepared by Brian G.Vaughan, Esq. of Smolak & Vaughan, LLP dated March 16,2022,containing three(3)pages;and (5) Board of State Examiners of Plumbers=and Gasfitter's Decision dated March 15,2022,containing one(1) page. PEUTI0A3 2022-0D3 Page 2 of Bk 17506 Pg175 #16557 Town, of North ,Andover ZONING BOARD OF AppEALS The voting members in favor of the variances: Ronn It. )"aigen,Alexandria A,Jacobs, Esq., Allan Cuscia, D. Paul Koch,Jr... sq- and Ellen P. McIntyre The voting members against the variances: None. The non-voting members present: Steven R.Seide, Michael T. Lis.and Fratik.l. Klllilea The Chairman declared the Board's vote to be 5-0 to GRANT THE VARLANCES. North Andover Zoning Board of Appeals Ronn R. Faigen, Chair- Alexandria A. Jacobs, Esq., Vice-Chair, Allan Cuscia, Clerk Ellen P. McIntyre D. Paul Koch,Jr., Esq. Michael T. Lis Steven R_ Seide Frank. Killilea Decision 2022-003 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 of 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 oftlte date of the grant then sudh rights shall lapse and may be re-estabiished after notice and a new hearing pursuant to the provisions of Mass. Gen.L.ch.40A. 5 10,and(b)the rights authorized by a decision granting i;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. I THE REMAWDER OF TMS PAOE.r\TENTIONALLY LEFT BLANK END OF I)OCUMENT _.s PE11TION 2022-003 p4e300 M. PAUL IANNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF 1]EE0S c+_nc•rna non '� I