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Home My WebLink AboutDecision - Decision - 27 HIGH PLAINS ROAD 4/22/2024 Bk 17987 0 52—13 _21 F-9 2 4 Town of North Andover ZONING BOARD OF APPEALS Alexandria A.Jacobs,Esq.,Chair Town Cie&Time Stamp MichaclT.Lis,Tlke-Chair 9: 5 8 Flankj.XflMea,Clerk 2 2 Ronn R.Faigen Steven R,Scide 0 Arsodale Member FR Laura Craig-Coqdn James M,Testa, Matthew J.Ginsburg ATUST; Al)rueCopy -Q40;�6-0),WA� Any appeal shall be filed within twenty Notice of Decision U*aClcrk days after the date of filing of this notice Calendar Year 20L2• in the office of the Town Clerk pursuant days hol�e 6.liol!�"Ifrbm Opts of doolsion to Mass. Gen. L. ch. 40A, § 17 PP,441.wlt�o�(fflrt of J I jr O�' pate Cirla'DAW t arrest n L W.adrk APPLICANT: APPLICATION DATE Timothy and Patricia MacPhee February 29,2024 PROPERTY: HEARING DATE: 27 High Plains Road April 9, 2024 North-Andover, MA 01845 Map 065.0, Parcel 0093 PETITION: 2024-002 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicants,by application filed February�9, 2024, have requested a Special Permit pursuant to J Town of North Andover Zoning Bylaws, Section 195-4.2.Q, Family Suite in the R-1 Zoning District for the purpose of constructing an addition of a Family Suite onto the existing single- family home 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 March 25, 2024 and April 1, 2024. The Board held a public hearing at North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, April 9, 2024 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 heating: (1) Plan of Land prepared by JG Land Services, LLC dated January 22, 2024, containin'g,"one (1)page; (2) Existing Elevation and Floor Plans prepared by CWC Design,LLC dated January 3 1, 2024, containing six (6) pages; and (3) Proposed Elevation and Floor Plans prepared by CWC Design, LLC dated January 31, 2024, containing six (6) pages, PETITION 2024-002 Page 1 of 3 yF E t I` P Town of North Andover ZONING BOARD OF APPEALS The Property is located at 27 High Plains Road in the R-1 Zoning District. A. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at .the hearing,..., The-Board=#in&fhiat under Section 195-10.7(A) of the Bylaws and as conditioned below, (a) the 4. ,. ,Ftop��y is appropriate location for the use, structure, or condition, (b) the use as developed v S adveirse'ly'�ffect the neighborhood, (c) there will be no nuisance or serious hazard to lus or..pedestrians, (d) adequate and appropriate facilities will be provided for the proper operatibn of the;ase, and (e) the use is in harmony with the general purpose and intent of the Bylaws. The Board further finds that under Section 195-9.1 of the Bylaws, the Applicants' 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 Applicants have satisfied the provisions to allow the requested special permit in order to construct a Family Suite pursuant to the Town of North Andover Zoning Bylaws Section 195-4,2.Q in the R-1 Zoning District in accordance with the plans, other materials, and testimony at the public hearing. III. MOTION VOTEn AND DECISION On April 9, 2024, the Board voted to close the public hearing. A motion was made by Frank J. Killilea and seconded by Michael T. Lis to grant the special permit requested under Section 195-4.2.Q of the Zoning Bylaws to allow an addition of a Family Suite in accordance with the following plans and other materials: (1) Plan of Land prepared by JG Land Services, LLC dated January 22, 2024, containing one (1)page; (2) Existing Elevation and Floor Plans prepared by CWC Design, LLC dated January 31, 2024, containing six (6) pages; and (3) Proposed Elevation and Floor Plans prepared by CWC Design, LLC dated January 31, 2024, containing six (6) pages. The voting members in favor of the special permit: Alexandria A. Jacobs, Michael T. Lis, Frank J. Killilea, Steven R. Seide, and James M. Testa The voting members against the special permit: None. The non-voting members present: Ronn R. Faigen, Laura Craig-Comin, and Matthew J. Ginsburg PETITION 2024-002 Page 2 of 3 { v j E Town. of North Andover ZONING BOARD OF APPEALS I The Chair declared the Board's vote to be 5-0 to GRANT THE SPECIAL PERNUT. ATTEST. A.lTrue-copy ' Gs l'a�vu rrcrtf North ndo �r Zoning Board of Appeals Alexandria A. Jacobs,Esq,, Chair Michael T. Lis, Vice-Chair rnl;is Certify Chit tNerEtY(?.t))days Frank J. Killilea, Clerk ngv6 e(ap:,tdd iron date of decision without;fil{n�df on appeal. Ronn R. Faigen t�atf�_i 3 Steven R. Seide Carla dawn Warren Tq i,n Clerk Laura Craig-Comin James M. Testa Matthew J. Ginsburg,Esq. Decision 2024-002 DPGSION for SpWA Permh-^-7 High Plains Road 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 195-103. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2024-002 Page 3 of 3 13 a. Printed or Rego�ry i y PauI Iannucctilo Rgg15ter Oiler:KEV�t�Z. '4 brans# 5736 2 �-- nst#:�71348 50ok:'17987 page'P� Q 93 Roo PO :13 Cti# 1 2 }SIG NA�1fl �'RANS A�hi pOC DE.SCRxp��O� .- DECIS1.ON e CPA $50.00 54.44 Surchar� 5.00 54,44 recording 5,00 to EE.� _105.00 lot fees, 105.00 x lotai charges: •145.04 CASE PIAI POA"" _CASii ;j�