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Home My WebLink About09/24/2019 - Zoning Board of Appeals Notice of Decision (1) - 481 Sutton Street s s F--s,2- �- Ll•t -1-��Y m� Town of North Andover *fl r44'r��`C��S�t�C3f �t ZONING- BOARD OF APPEALS � Cb�{}Kg,DFFICE _a D.Paul Kocl1 Jr.,Esq.,Cbairuiail • 2019 SEP 24 PH 12: 39 Yrrxo Town Clerk Time Stamp Ellen P.McIntyre,T/rre•Chairi»aa �- Man Cuscia,Clerk ` �•� TOWN WN QK Alexandria A.Jacobs,Esq. NI M.;H A NDO U-r- RonnR.Paige° Asseriale Members Michael T.Lis �-,f;fy that twenty(20)days Steven IL Sidde �m date Of dECISIOn Frank j.Killilea I' Any appeal shall be filed within twee Laurie A. fF twenty Notice of Decision interim Towwnn C)lerk days after the date of filing of this notice Calendar Year 2019 in the office of the Town Clerk pursuant to Mass.Gen.L,ch.40A,§ 17 APPLICANT: APPLICATION DATE: Town of North Andover June 11,2019 PROPERTY: FEARING DATES: 1 Surrey Drive,477 Sutton Street,and July 9,2019,August 13,2019,and 505 Sutton Street September 10,2019 North Andover,MA 01845 PETITION: Map 074.0,Parcels 0023,0024,0025,and 0054 2019-07(V) I. PROCEDURAL MSTORY AND STATEMENT OF FACTS Applicant,by application filed June 11,2019,has requested variances pursuant to Town of North Andover zoning Bylaws, Section 195-7.3 Yards(setbacks),Table 2(Dimensional Requirements)and Section 195-8.5(A)Design Standards(Minimum Setback from Lot Line)in the B-2 and R 4 Zoning Districts;specifically,Applicant has requested: The Applicant is requesting a Variance from Section 195-7.3 Yards (setbacks), Table 2 (Dimensional Requirements), Footnote 2 of the Zoning Bylaws, for one landscape side setback in the B-2 Zoning District to construct a Senior Center with associated parking spaces. Landscape side setback for Side A proposed is 0.0 feet,the required landscape side setback per Table 2 (Footnote 2) is 15.0 feet, the relief variance needed is 15 feet. The Applicant is requesting a Variance from Section 195-8.5(A) Design Standards (Minimum Setback from Lot Line), of the Zoning Bylaws, for two side setbacks in the R-4 and B-2 Zoning Districts to construct Senior Center with associated parking spaces. Minimum side setbacks for Side A and Side B proposed is 0.0 feet, the required side setback per Minimum Setback from Lot Line is 3 feet, the relief variance needed is 3 feet. 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 June 25,2019 and July 2,2019. The Board held public hearings at North Andover Town Ball, 120 Main Street,North Andover,MA on Tuesday,July 9,2019,August 13,2019 and September 10,2019 at 7:30 PM with respect to the Property, which is located in the B-2 Zoning District and the R-4 Zoning District, ATTEST: A'hue Copy PETITION 2019.07(V) Page l of ICnterirn'1'�vv,�CterR Bk 16090 Pg264 #29528 Town of North Andover ZONING BOARD OF APPEALS The following plans and exhibits were submitted with the Application or at the public hearing(s): (1) North Andover Adult Center site plan by DeVellis Zrein Inc.dated July 2019 (2) Site Development Plans by DeVellis Vrein Inc.revised August 27,2019(C-1, C-2,C-3,C-4,C-5) (3) Existing Conditions Plan by DeVeIlis Vrein Inc.dated May 16,2019(C.2) (4) Site Lighting Photometric Calculation by Apex Lighting Solutions dated August 27,2019 (5) Plari of Land by The Cameron-Morin Group dated July 23,2019 (6) Architect Floor flans by Catlin+Petrovick Architects PC dated May 30,2019(A1.0,A1.2,A1.4, A1.5,A2.0,A2.1) (7) Memorandum(Supplemental Information)by Vanasse&Associates,Inc.dated August 1,2019 (8) undated Usage Chart by Applicant The Property is located at 1 Surrey Drive,477 Sutton Street,and 505 Sutton Street in the R 4 and B-2 Zoning Districts. If. FiNDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. 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 literal enforcement of the provisions of the Bylaws will 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 Senior Center pursuant to the Town of North Andover Zoning Bylaws Section 195- 7.3 Yards(setbacks),Table 2(Dimensional Requirements)and Section 195-8.5(A)Design Standards (Minimum Setback from Lot Line)in the RA and B-2 Zoning Districts in accordance with the plans, other materials,and testimony at the public hearings. In MOTION VOTE,AND AEC)(SXON On September 10,2019 the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by Rona R.Faigen to grant the variances requested under Section 195-7.3 Yards(setbacks)Table 2(Dimensional Requirements)and Section 195-8.5(A) Design Standards(Minimum Setback from Lot Line)of the Zoning Bylaws as delineated below: A Variance from Section 195-7.3 Yards (setbacks),Table 2 (Dimensional Requirements),Footnote 2 of the Zoning Bylaws,for one landscape side setback in the B-2 Zoning District to construct a Senior Center with associated parking spaces. Landscape side setback for Side A proposed is 0.0 feet, the required landscape side setback per Table 2(Footnote 2) is 15.0 feet,the relief variance needed is 15 feet. A Variance from Section 195-8.5(A)Design Standards(Minimum Setback from Lot Line),of the Zoning Bylaws, for two side setbacks in the R 4 Zoning District and B-2 Zoning District to construct Senior Center with associated parking spaces. Minimum side setbacks for Side A and Side B proposed is 0.0 feet,the required side setback per Minimum Setback from Lot Line is 3 feet,the relief variance needed is 3 feet. PETITION 20I9-07(V) Page 2 of 3 rsx inuy� rg�� y��ts 1 Town of Noah Andover ZONING BOARD OF APPEALS in order to construct a Senior Center with associated parking spaces in accordance with the following plans and other materials: (1) North Andover Adult Center site plan by DeVellis Zrein Inc.dated July 2019 (2) Site Development Plans by DeVellis Vrein Inc.revised August 27,2019(C-1,C 2,C-3,C-4,C-5) (3) Existing Conditions flan by DeVellis Vrein Inc.dated May 16,2019(C.2) (4) Site Lighting Photometric Calculation by Apex Lighting Solutions dated August 27,2019 (5) Plan of Land by The Cameron-Morin Group dated July 23,2019 (6) Architect Floor Plans by Catlin+Petrovick Architects PC dated May 30,2019(A1.0,A1.2,A1.4, A1.5,A2.0,A2.1) (7) Memorandum(Supplemental Information)by Vanasse&Associates,Inc.dated August 1,2019 (8) Undated Usage Chart by Applicant The voting members in favor of the variances: D.Paul Koch,Jr.,Allan Cuscia,Ellen P.McIntyre,and Ronn R.Faigen The voting members against the variances: Alexandria A.Jacobs The non-voting members present: Frank J.Killilea,Michael T.Lis,and Steven R.Seide The Chairman declared the Board's vote to be 4-1 to T HE VARJEANCES. North d er oni�ng Board of Appeals D.Paul ch Jr., sq.,Chairman Ellen P. Intyre,Vice Chair Allan Cuscia,Clerk Alexandria A.Jacobs,Esq. Ronn R.Faigen Michael T.Lis Steven R.Seide Frank J.Killilea Decision 2019-07(V) Tone—I Swrq Dd%v-.VwWm Doch1c. %20190923(ft-2d a) 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,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 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK--END OF DOCUMENT PETITION 2019-07(V) Page 3 of3