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Home My WebLink About2022-04-12 Recorded Zoning Board of Appeals Decision Bk 17506 Pg173 #16557 Town OfNorth Andover 07-13-2022 @ 08 : 02a ZONING BOAkD,OF AppEALS RECEIVED nFFICE Ronn R.I�aigcnl Chair Alexandria A Jacobs,1-�'_sq.7fno I'm-,estjImp Allan Cucia,C(ejA 25 AM tO, 39 Ellm Is.Nlcjntvrc 2'2 APF L;.Paul Kochjr.,Fsq, Amniale Alem�ea T SM OF NUT;.' �`091VER Stevert R,Seidic Fmakj.Kil)Ho Any appeal shall be filed within twenty This is certify that twenty days have elapsed from date of decision filing of this notice Calendar Year 2022 Without filing of an appeal, days after the date of fi Notice of Dedsion in The office of the Town Clerk pursuant D to Mass.Gen.L.ch.40A, § 17 C:1411a;haje Ran Town Cie APPLICANT: APPLICATION DATE, Brooks School (Boathouse) March 16.2022 ,FP—RoPF,RTY: m Great HEARING DATE: 1160 Great Pond Road April I I Z.2�022 Pond 0 April 12,2022 North Andover. MA 01845 Map 103-0. Parcel 0028 PETITION: 1MVI"A" PAr,6 -246 [202ZO03 L PROCEDURAL W_Q'r^nU AND OF FACTS Applicant, by application filed March 16,2022,has requested variances pursuant to Town of North Andover Zoning Bylaws,Section 1954-19.C.2.c for construction of a new permanent structure in the non-disturbance buffer zone Of the watershed protection district and Section 195-4.20Y to allow for an expansion Of up to 55%of gross floor area of the replacement structure in the R-I Zoning District for the Purpose of constructing a new boathouse structure. 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 28.2022 and April 04. 2022. e The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday. April 12.2022 at 7:30 p.m.with respect to*the Property,p rty, which is located in the R-1 Zoning The following plans and exhibits were submitted with the Application or at the public hearing: (1) Zoning Application Plan of Proposed Boatho'use prepared by Whitman&Bingham Associates dated March I I,2022.containing one(1)page; (2) Project Area/Campus Overall Plan of Boathouse Improvements prepared by A.T.Leonard & Associates dated March 04,2022,containing six(6)pages(1-0,01,U.00,LIX 1.L 1.02, L 1.03 J L1,04); . (3) Floor and Elevation Plans of Proposed Boathouse prepared by Olson, Lewis&Architects dated March 04,2022,containing six(6)pages(A2.0,A3.I.A3.1,A3.1,A3.1,A4.0); PFTITION 2022-003 AT fix' -ATIrueCopy Page I of 3 Town Clerk Bk 17506 Pg174 #16557 Town of.North Andover .ZONING BOARD OF APPEALS (4) Memorandum in Support of Petition for Variance prepared by Brian G. Vaughan, Esq.of Smolak & Vaughan, LLP dated March 16,2022,containing three(3)pages;.and (5) Board of State Examiners of Plumbers and Gasfitter's Decision dated March 15,2022,containing one(1)page. The Property is located at 1160 Great Pond Road in the R-I Zoning District. The Property is non- conforming as follows: the proposed construction is determined to be located in a Non-Disturbance Buffer Zone within the Watershed Protection District and is in excess of the 25%limitation of gross floor area. IL F "INGSAMSCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearing. The Board finds that owing to circumstances relating to soil conditions, shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general,a Iiteral enforcement of the provisions of the Bylaws wi If involve substantial hardship, financial or otherwise,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 the Bylaws. Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested variances in order to construct a new permanent structure in the non-disturbance buffer zone of the watershed protection district pursuant to the Town of North Andover Zoning Bylaws Section 195-4.19.C.2.c and Section 1954.20.F to allow for an expansion of up to 55%of gross floor area of the replacement structure in the R-1 Zoning District in accordance with the-plans,other materials,and testimony at the public hearing. III. M10TION.VOTE,AND DECISION On April 12,2022,the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by D. Paul Koch,Jr., Esq.to grant the variances requested under Section 1954,19.C.2.c and Section 1954.20.F of the.Zoning Bylaws to a]low the construction of a new permanent structure in the non-disturbance buffer zone of the watershed protection district and to allow for an expansion of up to 55%of gross floor area of the replacement structure in accordance with the following plans and other materials: (1) Zoning Application Plan of Proposed Boathouse prepared by Whitman&Bingham Associates dated March 11,2022,containing one(1)page; (2) Project Area./Campus Overall Plan of,Boathouse Improvements prepared by A.T. Leonard & Associates dated March 04,2022,containing six(6)pages(L0.01, L 1.00. L 1.01. L 1.02, L 1.03, L 1.04); (3) Floor and Elevation Plans of Proposed Boathouse prepared by Olson, Lewis&Architects dated March 04,2022,containing six(6)pages(A2.0.A3.1,A'.1.A3.1,A3.1,A4.0); (4) Memorandum in Support of Petition for Variance prepared by Brian G.Vaughan, Esq, of Smolak & Vaughan,LLP dated March 16,2022,containing three(3)pages;and (5) Board of State Examiners of Plumbers;and Gasfitter's Decision dated March 15, 2022,containing one(1)page. PETITION 2022-003 Page 2 or.-, , i Bk 17506 Pg175 #16557 Town of North Andover ZONING BOARD OF APPEALS The voting members in favor of the variances: Ronn R. Faigen,Alexandria A.Jacobs;Esq., Allan Cuscia,D. Paul Koch,Jr., Esq..and Ellen P. McIntyre The voting members against the variances, None. The non-voting members present. Steven R.Seide, Michael T. Lis._ and FrankJ. Killilea The Chairman declared the Board's vote to be 5-0 to GRANT THE VARIANCFS W— r�. North Andover Zoning Board of Appeals Ronn R. Faigen, Chair Alexandria A. Jacobs, Esq., Vice-Chair Allan Cuscia, Clerk Ellen P. McIntyre D. Paul Koch,Jr., Esq. Michael T. Lis Steven R- Seide Frank J. Killilea Decision 2022-003 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 Registmr 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 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 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. i THE REMAINDER OP THfS PAGE•INNTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2022-003 Page 3 or." M. PAUL IANNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF-DEEDS W-DMrnRnWn