HomeMy WebLinkAboutRecorded_ZBA_Decision - Decision - 492 SUTTON STREET 11/28/2023 Bk 17928 Pg331 #2028
Town of North Andover 0 2—12—2 0 2 4 @ 12 : 13p
ZONING BOARD OF APPEALS -
Alexandria A.Jacobs,Esq.,Chair �'" Town Clerk Tune Stamp`
Michael T.Lis,Vice-Chair " ,
Frank J.Killilea,Clerk
Ronn R.Faigen
Steven R.Seide < U
.associate Members
Laura Craig-Comm -
James M.Testa
Any appeal shall be filed within twenty Notice of Decision T eis ced1ty[hanrjez+yo( 0 s n
days after the date of filing of this notice Calendar Year 2023 without thr 4 of 4 1,
in the office of the Town Clerk pursuant Dz;t-. �`a� y
Carla i.._) a rren
to Mass. Gen. L. ch. 40A, § 17 Town cleric
APPLICANT: " APPLICATION DATE:
Homegrown Lacrosse,LLC October 19, 2023
PROPERTY: HEARING DATE:
492 Sutton Street November 14,2023
North Andover, MA 01845
Map 075.0,Parcel 0001-OOOO.B ( PETITION:
(also identified as 034.A-0075-OOO.B) 2023-014
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant,by application filed October 19,2023,has requested a Special Permit pursuant to Town of
North Andover Zoning Bylaws, Section 195-4.14.1,Recreational Uses,in the 1-2 Zoning District.
Specifically,Applicant has requested a Special Permit to allow for a recreational use in the 1-2 Zoning
District for the purpose of constructing and operating a 39,000-!-/-SF indoor athletic facility
(approximately 2,000 SF to be office,bathroom,and storage spaces; 37,000 SF to be open sports field
area).
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 30,2023
and November 06,2023.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday,November 14,2023 with respect to the Property,which is located in the 1-2 Zoning District.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Memorandum in Support of Application for Special Permit for Recreational Use prepared by
Smolak&Vaughan.LLP dated October 17,2023,containing five(5)pages;
The Property is located at 492 Sutton Street,North Andover,MA in the I-2 Zoning District. The Property
is non-conforming,due to its intended use.
ATTEST.
A True Ccpy
11. FINDINGS/DISCUSSION/CONDITIONS
Tonve Clerk
The Board has made careful study of the materials submitted and the information presented.at'be hearing.
PETITION 2023-014 Page 1 of 3
Bk 17928 Pg332 #2028
Town of North Andover
ZONING BOARD OF APPEALS
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 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.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested Special
Permit in order to allow for a recreational use in the 1-2 Zoning District for the purpose of constructing
and operating a 39,000+l-SF indoor athletic facility(approximately 2,000 SF to be office,bathroom,and
storage spaces;37,000 SF to be open sports field area)pursuant to the Town of North Andover Zoning
Bylaws Section 1954.14.1,Recreational Uses, in the I-2 Zoning District in accordance with the plans,
other materials,and testimony at the public hearing.
111. MOTION,VOTE,AND DECISION
On November 14,2023,the Board voted to close the public hearing.
A motion was made by Frank J.Killilea and seconded by Ronn R.Faigen to grant the Special Permit
requested under Section 195-4.14.1,Recreational Uses,of the Zoning Bylaws to allow the recreational use
in the 1-2 Zoning District for the purpose of constructing and operating a 39,000+l-SF indoor athletic
facility(approximately 2,000 SF to be office,bathroom,and storage spaces; 37,000 SF to be open sports
field area)in accordance with the following plans and other materials:
(1) Memorandum in Support of Application for Special Permit for Recreational Use prepared by
Smolak&Vaughan LLP dated October 17,2023,containing five(5)pages.
The voting members in favor of the Special Permit: Alexandria A.Jacobs,Esq.,Michael T.Lis,
Frank J.Killilea,Ronn R. Faigen, and
Steven R. Seide
The voting members against the Special Permit: None.
The non-voting members present: Laura Craig-Comin and James M.Testa
The Chair declared the Board's vote to be 5-0 to GRANT 7HY,SPECIAL PEY,�IIT.
North Andover Zoni Board of Appeals
Alexandria A. Jaco s,Esq., Chair
Michael T. Lis, Vice-Chair
Frank J. Killilea, Clerk
Ronn R. Faigen
Steven R. Seide
Laura Craig-Cowin
James M. Testa
Decision 2023-014
OFCiStON for 59r iql P";t.49;Sow Si
PETITION 2023-014 Page 2 of 3
Bk 17928 Pg333 #2028
Town of North Andover
ZONING BOARD OF APPEALS
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, (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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END OF DOCUMENT
PETITION 2023-014 M. PAUL I pa A 0, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E-RECORDED