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Home My WebLink About2024-08-13 Recorded Decision HBOD • �` , Town of North Andover ; _ I.V LL, Office of the Planning Department Community Development 1)lvislon 120 Maln Street • u North Andover,Massachusetts 01845 _ tccTTC NOTICE OF DECISION HISTORIC BARN ov)CERLAY DISTRICT This is certl+y that twenty(20)days SPECIAL PERMIT have elapsed from date of decision wlthaut filiDat f r a}pp al. Any appeal shall be filed Carla Da W a rren within(20) days after the TowwClerk date of filing this notice in the office of the Town Clerk. Date: August 13,2024 Date of Bearings; July 16,2024.August 13, 2024 Date of Decision: August 13,2024 Petition oh James Worden e��►— ►�4 �`�t�2� a 12 = 153 P 84 Academy Road E.s •x N o r t h €Z i t r w North Andover,MA 01845 Premises Affected: 56 Academy Road North Andover,MA 01845 Assessors Map 95,Lot 9 Referring to the above petition for a Historic Barn Overlay District Special Permit under the requirements of the North Andover Zoning Bylaw,Article 20 Historic Barn Overlay District,,Article 10 Administration Section 195-10.7 and MGL Ch.40A,Sec 9. So as to allow for the use of the 1950 dairy barn for prototyping of solar boats and a ceramic artist's studio.The prototyping activities include design, fabrication and fit up of models and prototypes, computer CAD, analysis, development and dry testing of solar boats.The property is located in the Residential 3 (R3)zoning district. After a public hearing held on the above date,and upon a motion by Jr.Simons and 2nd by C.Kosores to APPROVE the Historic Baru Overlay Special Permit as written and based upon the following conditions. The vote was 4—0 in favor of the application, Jean Enright On behalf of the North:AndQygKPXanning Board kt `\ HAP.,GoMbje%Chairman ' ��..��,,i�ti;� ``�Llj•�Koskores ,��,,��f ,, ;•`�'` Se��evlaltan 4A�-Simons t ll;� aN�L� 4 CAW- To wroLIC{eefc 3 l 56 Academy Road(Map 95,Lot 9) Historic Barn Overlay District Special permit August 13,2024 The Planning Board herein APPROVES the Historic Barn Overlay District Special Permit so as to allow for the use of the 1950 dairy barn for prototyping of solar boats and a ceramic artist's studio.The prototyping activities include design,fabrication and fit up of models and prototypes, computer CAD, analysis, development and dry testing of solar boats.The property is located in the Residential 3 (R3) zoning district.The Site is located at 56 Academy Road,Map 95,Lot 9,This Special Permit was requested by,lames Worden, 84 Academy Road,North Andover,MA 01845.The application was filed with the Planning Board on June 24,2024, The Applicant submitted a complete application,which was noticed and reviewed in accordance with the requirements of the North Andover Zoning Bylaw,Article 20 Historic Barn Overlay District,Article 10 Administration Section 195-10.7 and MGL Ch,40A,Sec 9. The public hearing on the above referenced application was opened on July 16,2024 and closed on August 13, 2024. The Planning Board voted unanimously(by a vote of 4-0)to grant the Historic Barn Overlay District Special Permit. A special permit issued by the Planning Board,as special permit granting authority,requires a vote of at least four members of a five-member board. The Applicant is hereby notified that should the Applicant disagree with this Notice of Decision,the Applicant has the right,under MGL Chapter 40A,Section 17,to appeal this Decision within twenty days after the date this Decision has been Bled with the Town Clerk, The Planning Board makes the following Endings as required by the North Andover Zoning Bylaws Article 20,and Section 195-10.7,the Planning Board makes the finding that the intent of the Bylaw,as well as its specific criteria,are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1. The specific Site is an appropriate location for such a use,structure or condition. The structure is an existing historic barn and the use of which will help sustain the former agricultural building by providing a modest income to owners for upkeep and prolong the life of the structure by keeping the barn in use rather than disintegrating as an unused barn. 2. The use will not adversely affect the neighborhood character. The Project does not propose use of space outside the barn, light,fumes,noise,or disturbance from activity and will not detract in any manner from the historic character of the barn or property,nor adversely affect the natural environment to the detriment of community character and public health safety. 3. There will be no nuisance or serious hazard to vehicles or pedestrians.An existing driveway provides for appropriate access to the barn. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Project does not require any addition facilities/utilities. No Site lighting modifications are proposed as part of the Project. 5. The use is in harmony with the general purpose and intent of Article 20 Historic Barn Overlay District. 6. The hours of operation will be 8:00 AM--6:00 PM,Monday through Saturday with up to two cars dedicated to this use. Should hours be extended beyond this timeframe there will not be.any cars required for this use and there will not be any light,sound or activity perceptible from the 2 ` 56 Academy Road(Map 95,Lot 9)' Historic Barn Overlay District Special permit August 13,2024 street or neighbors. 7. The two dedicated parking spaces are located on an existing paved surface and situated where they will not be visible from the street. 8. The North Andover Historical Society Executive Director,Joanna Kerr,provided a letter dated June 20,2024 to the Applicant,which details an opinion as to compliance with the definition of "Historic Barn"given in paragraph I of 195-20.4 of Article 20 of the zoning bylaw. E 9. The North Andover Historical Commission Chair,Ron Rudis,provided a letter dated July 15, 2024 to the Applicant,which details an opinion as to compliance with the definition of"Historic Barn"given in paragraph I of 195-20.4 of Article 20 of the zoning bylaw. Finally,the Planning Board finds that this Project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Article 20 as well as Section 195-10.7, The Planning Board hereby grants an approval to the Applicant provided the following conditions are met: PERMT DEFINITIONS: 10. The"Locus"or"Site"refers to the 31.174 acre parcel of land with land fronting on Academy Road as shown on Assessors Map 95, lot 9,and also known as 56 Academy Road,North Andover,Massachusetts 01845. S 11. The"Project'or"56 Academy Road"refers to the use of the 1950 dairy barn for prototyping of solar boats and a ceramic artist's studio.The prototyping activities include design, fabrication and fit up of models and prototypes, computer CAD, analysis,development and dry testing of solar boats.The property is located in the Residential 3 (R3)zoning district 12. The"Applicant"refers to James Worden, the Applicant for the Special Permit, its successors and assigns. 13. The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the Applicant,Developer, and Owner. SPECUL CONDITIONS: 14. The use shall operate solely within the four walls of the historic barn as it exists at the time of adoption of Article 20,without creating any nuisance to abutters of surrounding area and not to distract in any manner from the historic character of the barn or property. 15. Operation of the use of the historic barn shall not result in any evidence of activity outside those j walls including,but not limited to trucks,trailers,or other types of equipment or vehicles outside of the barn(other than the maximum of two off-street parking spaces allowed). 16. In no event shall the operation of the historic barn be open to the public,nor shall any retail use or sales of product/services or other distribution of any product upon the premises or via delivery from the premises.There shall not be traffic coming to and from the structure throughout the day. 17. No permanent dumpster(s)shall be installed for the use of the historic barn. 18. No new access driveway and/or curb cut(s)shall be,created. 3 56 Academy Road(Map 95,Tot 9) Historic Barn Overlay District Special permit August 13,2024 19. The maximum number of parking spaces to support the use of the historic barn shall not exceed two spaces and shall be designated on an existing paved surface, No new parking areas shall be constructed to support the use. On-street parking spaces shall not be used to serve the use of the historic barn. 20. There shall be no outdoor storage,display,and/or materials,products and goods in connection with the use. 21. Hours of operation shall be 8:00 AM—6:00 PM Monday—Saturday with up to two cars on property. Othere hours with no cars from time to time with no light,sound or anything perceptible from the street or neighbors. 22. This special permit shall be limited to the current Applicant and shall lapse if the permit holder ceases operating within the Historic Barn. PRIOR TO ISSUANCE OF SITE WORK,BUILDING PERMIT,OR CONSTRUCTION 23. Two(2)copies of the signed,recorded decision must be delivered to the Planning Department. GENERAL CONDITIONS 24. The provisions of this conditional approval shall apply to and be binding upon the Applicant,its employees and all successors and assigns in interest or control. 25. Any action by a Town Board,Commission, or Department,which requires changes in the design of the building,as presented to the Planning Board,may be subject to modification by the Planning Board. 26. Pursuant to the North Andover Zoning Bylaw Historic Barn Overlay District Special Permit shall be deemed to have lapsed after August 13,2026(two years from the date the permit is granted), exclusive of the time required to pursue or await determination of any appeals,unless substantial use or construction has commenced within said two-year period or for good cause as determined by the Planning Board. 27. The following information shall be deemed part of the decision: Application for Special Permit and supplemental filings CC: Abutters Owner Applicant f i