HomeMy WebLinkAboutSpecial Permit Decision - Decision - 477 SUTTON STREET 9/24/2019 i
Town of North Andover
ZONING BOARD OF APPEALS
1].Paul Koch Jr.,Esq.,Chahmau Yt�tao! Town clerk Time stamp
Ellen P.McIntyre,Tire-Chairman `4
Allan Cuscia,C&A
Alexandria A.Jacobs,l3sq.
Rnnn It.Faigeil
Assoriale MauGeyr
Michael T.Lis
Steven R.Seide
FrankJ.KiUca
Any appeal shall be Bled within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2019
in the office of the Town Cleric pursuant
to Mass. Gen,L.ch.40A, § 17
APPLICANT: APPLICATION DATE:
Town of North Andover June 11,2019
PROPERTY: HEARING DATES:
1 Surrey Drive,477 Sutton Street,and July 9,2019,August 13,2019, and
505 Sutton Street -September 10,2019
North Andover,MA 01845 PETITION:
Map 074.0,Parcels 0023,0024, 0025,and 0054 2019-07 (SP)
L PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed June 11,2019,has requested a Special Permit pursuant to Town of North
Andover Zoning Bylaws,Section 195-4.3(J)(Residential District Permitted Uses,Residential 4 District),
municipal building or use in the R-4 Zoning District; specifically,Applicant has requested to construct a
Senior Center with associated parking spaces.
The Application requires a healing 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 June 25,2019 and
July 2, 2019.
The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday,July 9,2019,August 13,2019,and September 10,2019 at 7:30 PM with respect to the Property,
which is located in the B-2 Zoning District and the R-4 Zoning District.
The following plans and exhibits were submitted with the Application or at the public hearing(s):
(1) North Andover Adult Center site plan by DeVellis Zrein Inc. dated July 2019
(2) Site Development Plans by DeVellis Vrein Inc.revised August 27,2019(C-1,C-2,C-3,C-4,C-5)
(3) Existing Conditions Plan by DeVellis Vrein Inc. dated May 16,2019(C.2)
(4) Site Lighting Photometric Calculation by Apex Lighting Solutions dated August 27,2019
(5) PIan of Land by The Cameron-Morin Group dated July 23,2019
(6) Architect Floor Plans by Catlin+Petrovick Architects PC dated May 30,2019(A1.0,A1.2,A1.4,
A1.5,A2.0,A2.1)
(7) Memorandum(Supplemental Information)by Vanasse&Associates,Inc. dated August 1,2019
(8) Undated Usage Chart by Applicant
PETITION 2019-07(SP) Page I of 3
Town of Noah Andover
ZONING BOARD OF APPEALS
The Property is located at 1 Surrey Drive,477 Sutton Sheet,and 505 Sutton Street in the R 4 and 13-2
Zoning Districts,
H.-FINDINGS/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,(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 195-4.3(J)(Residential District Permitted Uses,Residential 4
District), (municipal building or use)of the Bylaws,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
permits in order to construct a Senior Center pursuant to the Town of North Andover Zoning Bylaws
Section 195-4.3(J)(Residential District Permitted Uses,Residential 4 District),municipal building or use,
in the R-4 and B-2 Zoning Districts in accordance with the plans, other materials, and testimony at the
public hearings.
III. MOTION VOTE AND DECISION
On September 10,2019 the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by Ronn R.Faigen to grant the special permit
requested under Section 195-4:3(J)(Residential District Permitted Uses,Residential 4 District),municipal
building or use,of the Zoning Bylaws to construct a Senior Center with associated parking spaces in
accordance with the following plans and other materials:
(1) North Andover Adult Center site plan by DeVellis Zrein Inc, dated July 2019
(2) Site Development Plans by DeVellis Vrein Inc.revised August 27,2019(C-1, C-2,C-3, C-4,C-5)
(3) Existing Conditions Plan by DeVollis Vrein Inc, dated May 16,2019(C.2)
(4) Site Lighting Photometric Calculation by Apex Lighting Solutions dated August 27,2019
(5) Plan of Land by The Cameron-Morin Group dated July 23,2019
(6) Architect Floor Plans by Catlin+Petrovick Architects PC dated May 30,2019 (A1.0,AL2,Al.4,
A1.5,A2.0,A2.1)
(7) Memorandum(Supplemental Information)by Vanasse&Associates,Inc. dated August 1,2019
(8) Undated Usage Chart by Applicant
The voting members in favor of the special permit: D. Paul Koch,Jr.,Allan Cuscia,Ellen P.McIntyre,
and Ronn R.F_aigen
The voting members against the special permit: AIexandria A.Jacobs
The non-voting members present: Frank J. Killilea,Michael T.Lis,and
Steven R. Scide
PETITION 2019-07(SP) Page 2 or3
Town of North Andover
ZONING BOARD OF APPEALS
The Chairman declared the Board's vote to be 4-1 to G NT THE SPECIAL PERMIT.
NoA er oning Board of Appeals
D.Pa I oc Jr., sq., Chairman
Ellen P. lntyre,Vice Chair
Allan Cuscia,Clerk
Alexandria A.Jacobs,Esq.
Ronn R. Faigen
Michael T.Lis
Steven R. Seide
Frank J. Killilea
Decision 2019-07(SP)
Tm—l Swrcy Ume—Spa3at Pamui]]ttFflon�0.2 20190921(Pk 7clmn)
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 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.
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PETITION 2019-07(SP) Page 3 of 3