HomeMy WebLinkAbout2022-12-20 ZBA Decision WSP Town of North Andover
ZONING BOARD OF "IP EALS
11onn It.C1igeo,Clmir Town Mrk Time Stomp
rllexnndril A.Jacobs,Esq.,Tire-Cbair 38
.Allan Cuscla,Clerk ,F,,. •r.. .'�� _ l..� ... .
MOtud T.UN '
Steven 11,Sclde
Arrorinle Mer Ibus
' r3rnn€t J.IGllilen .
Laura Cralg-Comm
Jflntes M,Test-1
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2022
in the office of the Town Clerk pursuant r
to Mass, Gen. L, oh, 40A, 17
APPLICANT: APPLICATION DATE:
Patrick J. Gaffity October 18, 2022
PROPERTY: NEARING DATES:
104 Bonny Lane November 15,2022
North Andover,MA 01845
Map 062,0,Parcel 0047 PETITION:
2022-020
L PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed October 18,2022, has requested a variance pursuant to Town of North
Andover Zoning Bylaws Section 195-4,19,C(2)(o)Non-Disturbance Buffer Zone In the R,I Zoning
District;specifically,Applicant has requested the construction of a new peritianent structure of an
inground swimming pool within the 100-foot Non-Disturbance Buffer Zone of a wetland resource area
located within the Watershed Protection District with respect to the Property.
The Application requir6s a hearing before the North Andover Zoning Board of Appeals ("Board"), and
due notice of the hearing was given by mailing and pi:blicatioti, Legal notices were sentto all certified
abutters provided by the Assessor's Office of the Town of North.Andover and were published in The
Eagle-Tall une, a newspaper of general circulation in the Town of North Andover, on October 31,2022
and November 07, 2022,
The Board held a public hearing at School Administration Building, 566 Main Street,North Andover,
MA on Timsday,November 15,2022 at 7:30 p,sii,with respectto the Property,which is located in the R-
1 Zoning District,
The following plans and exhibits were submitted with the Application or ai the public hearing:
(1) Plan of Land prepared by Andover Consultants,Inc, dated March 21,2022.
The Property is located at 104 Bonny Lane,North Andover,MA 01845 in the R-1 Zoning District, The
Property is non-conforming as it is located within the 100-foot Non-Disturbance.Zone of a wotland
resource located within the Watershed Protection Overlay District.
II, rINAINGS/DISCUSSION/CONDITIONS
PETITION 2022-020 Page I of 3
Town of North Andover
ZONING BOARD OF APPEALS
Tho Board has made careful study of the materials submitted and the information presented at the hearing,
The Boa)'d Also notes that ramohg the most significant issues that arose at the hearing were the size of the
propo§ed swittunitig pool and the concern of the chemicals being leached into the wetlands,
The Board rinds that owing to circumstances relating to soil conditions,shape,or topography of the land
or st*tures and dspdoWly affecting such land or structures but not affecting generally the zoning district
in'peneral,a literal aiiforcement of the provisions,of the Bylaws will involve substantial hardship,
financial or other►vise, 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 tile
.Bylaws.
Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested variance in
order to construct a new permanent structure(inground swiniming pool)within the I00-foot Non-
Disturbance Buffer Zone of a wetland resource area located within(lie Watershed Protection District
pursuant to the Town of North Andover Zoning Bylaws Section 195-4,19C(2)(c) in the R-I Zoning
District in accordance with the plans, other materials,and testimony at the public hearing,
III; M03:XQN.,VOTE3 AND DECISIO
On November 15,2022,tho Board voted to close the public hearing,
A motion was made by Allan Cuscia and seconded by Steven R, Seide to gent the variance requested
tinder Section 195-4.19,C(2)(c)of the Zoning Bylaws to allow the construction of a permalient structure
of a 20x36 inground swimming pool within the 100-foot Non-Disturbance Buffer Zone of a wetland
resource area located within the Watershed Protection District in accordance Avith the following plans and
other materials:
(1) flan of Land prepared by Andover Consultants, Inc, dated March 21,2022.
The voting members in favor of the variance: Allan Cuscia, Steven R, Seide, Michael T, Lis,
. prank J. Killilea, and Laura Craig-Comm
The voting members against tho variance: Nate
The non-voting mclubers present: Roun R. Faigen
The Chairman declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
North Antlovek-dotting Board of Appeals
Ronn R, Faigen, Char,
Alexmidria A, Jacobs, Esq., i'llce-Chair
Alltui Cuscia, Clerk
Michael T. Lis
Steven R. Seide
Frank J. Killilea
Laura Craig-Comity
James M. Testa
Decision 2022-020
Ikstilon•f 4f f3onp'lane -
PETITION 2022.020 Page of
I
Town of North:Andover
ZONING BOARD OF APPEALS
Notes;
i. A.decision granting a variatice or a special permit shall not be hi effect until a certified copy of
the decision is recorded at the Essex County Registry of Deeds,Northern District at Applicant's
expense. .puilher provided that if the Property is registered laud then a certified copy of the
decision shall also be filed with the Land Court,
2. A decision granting a variative 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 building permit as
required by the Inspector of Buildings.
3. Generally, (a) if the rights authorized by a decision granting a varlatice are not exercised within
0I10 (1)year of the date of the grant then such rights shall lapse acid may be re-established after
notice and a new hearing pursuant to the provisions of Mass. Gen,L, ch. 4OA, § 10,acid (b)the
riglrts authorized by a decision granting a special permit shall be deemed to have lapsed after a
two (2)year period front the date of the gratit unless substantial use or construction has
commenced pursuaut to the provisions of Town of North Andover Zoning Bylaws Section 195-
10,7.
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END OF DOCUMENT
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PETITION 2022-020 Page 3 of 3