HomeMy WebLinkAbout09/20/2022 - Notice of Decision (Insubstantial Change) - - 166 SALEM STREET ■
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Town of North Andover
Office of the Plann*ng Department �•
Community Development Division '
120 Main Street
North Andover, Massachusetts 0184
NOTICE OF DECISION(INSUBSTANTUL CHANGE�' ' �. :. . •., ,►
']ate of Decision: September 20,2022
Petition of: Francis and EUen Murphy
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North Andover,M,01845
Premises Affected 170 Salem Street(Map 37A Lot 53)
Lot 3 on the Definitive Subdivision '1'e 49b'l so 3 2=5 3 4 3
North rth Andover,MA 01845 � --�7—2 f j�2 2 0 2 A I r>
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-BACKGROUND
On March 16,2009 the Planning Board approved a Notice of Decision-Definitive Subdivision Plan
entitled"The Captain Nathaniel Berry Homestead"and an associated Notice of Decision�-Vvate ;�hed-
Special Permit so as to allow construction of a three--lot subdivision,including a roadway,the institallatiork
of storrnwater management infrastructure,the installation of undergrovad utilities,connections to existing
water and sewer service and substantial grading in the Residential 3 Zoning District.
FL DIGS of FACTS
• After discussion.with Jean.Enright,Planning Director,on September 2,2022 the Petitioners request ad,
a detennin.ation of Insubstantial Change to the to the March 16,2009 Notice of Decision Definitive
Subdivision Plan to allow for are exception of Condition#7 under"Prior to the Issuance of a
Certificate of Occupancy". The Condition as written states,`The hones built on Lot iA.and-3 mvsi
be equipped with a home sprinkler system that will be installed according to current building coda
standards. The sprinkler systems must be inspected and approved by the Forth.Andover Fire
Department
• The Petitioners are in the process of receiving an older home from the location at t 36 Salem Street.
The home will be moved from its current location to 170 Salem Street,a Lot which the Petitioners
have a Purchase and Sale Agreement on.
• The existing home is complete from the perspective of existing walls, sheet rock,wall paper; finish
wood,etc. and the Petitioners do not want to compromise the integrity of the historic period they
desire to maintain.
• The property owners,John and Pamela Cahill,have submitted ernail correspondence dated Septenibor
20,2022 to Jean Enright,Planning Director,stating that it is their intension to transfer ownership of
the subject property(170 Salem Street)to.Fran and Ellen.Murphy. In support thereof,requested
consideration for the requested Insubstantial Change of providing relief to the order of conditions,
specifically concerning the installation of a whole house fire sprinkler/suppression system.
® The property record card for 136 Salem Street lists the house being built about 1845. AMA S'T..
A True Copy
Town clerk
Bk 17609 Pg39 #25343
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Insubstantial Change
4 High Street---AvalonB ay C ommunitie s, Inc.
September 15,2015
Page 2 of 3
DECISION
After discussion at the September 20,2022 Planning Board meeting,and upon a motion by J.Simons,
seconded by A.Koenig,the Planning Board voted to approve the Insubstantial Change request to allow
for a waiver of the residential sprinkler system installation requirement should the existing hone located
at 13 6 Salem Street be successfully relocated to 170 Salem Street.The motion was based on the
information presented and based on the Findings of Facts and Conditions herein. The vote was 5-0,in
favor of the request.
CONDITIONS
a The Petitioner shall comply with all existing conditions rendered in the March 16,2009 Notice of
Decision-Watershed Special Permit and Notice of Decision.--Definitive Subdivision Ilan,except for
the specific condition superseded by this Notice of Decision-insubstantial Change.
0 This Notice of Decision-Insubstantial Change is granted only upon the relocation of the existing
hone located at 136 Salem Street to 170 Salem.Street. Should this relocation not happen,this Notice
of Decision is null and void. Specifically,this approval does not apply to any proposed construction
of a new dwelling to be located at 170 Salem Street.
0 This Decision shall be recorded with the Northern Bsscx Registry of Deeds and evidence of recording
shall be provided to the Planning Department.
,yean Enright,Planning Director
On behalf of the Town of North Andover Planning Board
Eitan Goldberg
John Simons
Peter Boynton
Kelly Cormier
Alissa Koenig
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