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HomeMy WebLinkAbout03/03/2026 - Recorded Notice of Decision - LSPR & ADU - - 1929 SALEM STREET 1.7 1192----9-9 5 2 %dl ffi Town of North Andover Office of the Planning Department Community Development and Services Division 120 Main Street North Andover,Massachusetts 01845 7-1 NOTICE OF DECISION LIMITED SITE PLAN REVIEW PERMIT ACCESSORY DWELLING UNIT Date: February 3,2026 Date of Hearing: February 3, 2026 Date of Decision: February 3,2026 Petition of: Wilson&Migaury Rodriguez 1929 Salem Street North Andover,MA 01845 Premises Affected: 1929 Salem Street,North Andover MA, 01845 Assessor's Map 106.B Lot 42 Referring to the above application for a Limited Site Plan Review Permit under Article 8 Supplementary Regulations Part 3 Site Plan Review and Part 14 Accessory Dwelling Units of the North Andover Zoning Bylaw. Applicant proposes construction of a detached accessory dwelling unit(ADU). The site is located within the Residential 2 zoning district. After a public hearing motion held on the above dates, and upon a by S. Kevlahan and 2nd I by P. Boynton to APPROVE the Limited Site Plan Review Permit as amended and subject to the following conditions. Vote was(5--0)in favor of the application. Jean Enright On behalf oaf the North Andover Planning Board Eitan Goldberg, Chairman Peter Boynton John Simons Sean Kovlahan Kode Kelly vl 1929 Salem Street Limited Site Plan Review Detached Accessory Dwelling Unit February 3,2026 The Planning Board herein APPROVES the Limited Site Plan Review Permit to allow for the construction of a detached ADU. The Site is located within the Residential 2 zoning district. The Project is located at 1929 Salem Street,Noah Andover,Massachusetts, 01845,Assessor's Map 106.B Lot 42, This Limited Site Plan Review was requested by Wilson&Migaury Rodriguez, 1929 Salem Street,North Andover,MA 01845. The Applicant submitted a complete application on December 23,2025,which was noticed and reviewed in accordance with the requirements of the Noah Andover Zoning Bylaw,Article 8 Supplementary Regulations Part 3 Site Plan Review and Part 14 Accessory Dwelling Units of the North Andover Zoning Bylaw. The public hearing on the above referenced application was opened on February 3, 2026 and closed on February 3,2026. The Planning Board,voted unanimously(by a vote of 5-0)to grant the Limited Site Plan Review permit decision. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: FINDINGS OF FACT 1) The Project is considered an accessory dwelling unit use, and is subject to MGL Ch. 40A Section 3, otherwise known as the"Dover Amendment"(see email dated January 22, 2026from Paul Hutchins,Building Commissioner,to Jean Enright).As such,the Planning Board's authority is limited to reasonably regulating bulk and height of structures and determining yard sizes, setbacks, open space,parking and building coverage requirements. 2) The specific Site is propriate location for such a use., structure or condition. The specific Site is an appropriate location for the Project as it is located in the Residential 2 zoning district and conforms with both use and dimensional requirements of this district. 3) The use as developed will not adversely affect the neighborhood character. The proposed renovations are consistent with existing residential uses and amenities currently provided. The Project replaces a pre--existing pool house that was recently destroyed by fire. 4) There will be no nuisance or serious hazard to vehicles or pedestrians. Existing Site access will be maintained and parking spaces provided comply with the zoning bylaw. 5) Adequate and a ro riate facilities will be provided for the proper operation of the proposed use. The Project is adequately serviced by necessary utilities to address the needs of the Project. The septic system is properly sized to accommodate the flow from the proposed ADU. 6) The use is in harmony with the general purpose and intent of this Zoning Bylaw. The Project allows for the use of existing access/egress drives,provides adequate fire/safety access, and the use is in harmony with the general purpose and intent of the Zoning Bylaw. 7) The ADU is intended to be an accessory use and the unit is a complete, separate housekeeping unit containing both kitchen and bath and otherwise meets the requirements of the ADU definition. 2 1929 Salem Street Limited Site Plan Review Detached Accessory Dwelling Unit February 3,2026 8) The ADU is subordinate in use and size to the principal dwelling in that the gross floor area of the principal dwelling is 2,330 SF and the gross floor area for the ADU is 800 SF+/-. 9) The ADU maintains the architectural character and is compatible with the design standards of the principal dwelling. 10) All ADUs is compliant with the Zoning Bylaw Attachment 3 -- Table 2: Summary of Dimensional Requirements for the zoning district in which the ADU is proposed. 11) No new curb Guts are proposed and the new structure is not proposed to be located in the front yard. 12) The electrical utility connection, water, plumbing, and telecom communications will be run through the principal dwelling and connected to the detached ADU via underground conduit. 13) The application was reviewed by Town staff as evidenced by email communications from Tim Willett, DPW water and sewer, dated December 26, 2025 and December 29,2025,Amy Maxner, Conservation Administrator, dated December 30,2025,Paul Hutchins,Building Commissioner,dated January 8, 2026, Stephen Dirninico,NAPD, dated December 23,20255 and Brian LaCrasse,Health Inspector, dated January 22,2026 FINDINGS OF FACTS and DETERMINATIONS TER LEVHTED SITE PLAN REVIEW The purpose of this Limited Site Plan Review is to ensure that no bylaw prohibit,unreasonable restrict or require a special permit or other discretionary zoning approval for the use of land or structures for a single ADU, or the rental thereof,in a single-family residential zoning district; provided that the use of land or structures for such ADU unit may be subject to reasonable regulations, including,but not limited to 310 CMR 15.000 et seq. (Title 5), if applicable, site plan review,regulations concerning dimensional setbacks and the bulb and height of structures, The Planning Board has the authority to place reasonable conditions on ADUs, but are not permitted to withhold approval of Limited Site Plan Review where there is an inability to satisfy proposed reasonable regulations. Per § 195--8.17.LB of the zoning bylaw, in reviewing a Limited Site Plan Review application for an ADU use or structure,the following issues shall be considered: a. Relationship of the bulk of structures and adequacy of open spaces to the natural landscape,existing buildings and other community assets in the area and compliance with other requirements of this bylaw,which includes,but is not limited to, dimensional setbacks and bulk and height of structures. The Board finds that the size,bulk and height of the proposed structures and adequacy of open space is consistent with the surrounding residential area. b. Physical layout of the plan as it relates to convenience and safety of vehicular and pedestrian movement within the site,the location of driveway openings in relation to ` traffic or to adjacent streets and,when necessary, compliance with other regulations for the handicapped,minors and the elderly; 3 1929 Salem Street Limited Site Plan Review Detached Accessory Dwelling Unit February 3,2026 The Project utilizes the existing access/egress driveway located off of Salem Street, which allows for pedestrian and automobile access. c. Adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises; The Project satisfies the parking requirement for an ADU. d. Physical lighting of the site, especially the adequacy of the method of exterior lighting for convenience,safety and security within the site and for protection of neighboring properties, roadways and the night sky; Not applicable. e. Protection of adjoining premises against seriously detrimental uses by provision for surface water drainage; Not applicable. f Adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site; Disposal of refuse will be adequately provided for. g. Adequacy of fire protection measures, and; The North Andover Fire Department will be required to approve of any building permit associated with the Project. h. Incorporation of sustainability and resiliency principles into the site design that results in a plan that is responsive to the environment and actively contributes to the development of a more sustainable community. No applicable. This Limited Site Plan Review Permit Notice of Decision is issued subject to the following conditions: SPECIAL CONDITIONS: 14) For the purposes of the decision, the Planning Board approves the following Permit Definitions: a) The `Locus" or"Site" refers to approximately 1.47-acre parcel with land fronting on Salem.Street shown on Assessor's Map 106.E Lot 42 and known as 1929 Salem Street, North Andover,Massachusetts. b) The `Plans"refer to the Plans prepared by Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts, 01810, entitled "Site Plan of Land Proposed Accessory Dwelling Unit in North Andover, Mass. 1929 Salem Street", dated December 12, 2025 consisting of sheets one sheet. c) The"Project"refers to the proposed construction of a detached accessory dwelling unit (ADU). The site is located within the Residential 2 zoning district. d) The"Applicant"or"Petitioner"refers to Wilson&Migaury Rodriguez in this 4 1929 Salem Street Limited Site Plan Review Detached Accessory Dwelling Unit February 3,2026 Limited Site Plan Review Permit Notice of Decision, and its successors and assigns. e) 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. 15) Except as may be provided for in these conditions, all construction activities shall be in conformance with these conditions and the approved Plans referenced in condition#3 0. PRIOR TO SITE'FORK,ISSUANCE OF A BUILDING PERMIT,OR CONSTRUCTION 1 6) If applicable,the Applicant will provide copies of all Decisions,Notification, and Orders of Conditions from the North Andover Conservation Commission. 17) Two (2) copies of the recorded Notice of Decision with endorsed plans attached must be delivered to the Planning Department. DURING CONSTRUCTION 18) Dust mitigation must be performed weekly,or more frequently as directed by the Planning Director,throughout the construction process. 19) Any stockpiling of materials(dirt,wood,construction material,etc.)must be shown on a Plan and reviewed and approved by the Planning Department staff. Any approved piles must remain covered at all times and fenced off to minimize dust. 20) It shall be the responsibility of the Project Owner to assure that no erosion from.the construction Site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off site construction. Off-site erosion will be a basis for the Planning Board or the Planning Board designated official making a finding that the Project is not in compliance with the Plan;provided,however,that the Planning Board or Planning Board designated official shall give the developer written notice of any such finding and seven days to cure said condition. PRIOR TO A CERTIFICATE OF OCCUPANCY 21) The Applicant must submit a letter from the Project engineer stating that the building, landscaping, lighting and Site layout substantially comply with the Plans as endorsed by the Planning Board and that the stormwater management structures are functioning as designed. 22) The Applicant shall submit an as-built plan stamped by a Registered Professional Land Surveyor in Massachusetts that shows all construction, including stormwater structures and other pertinent Site features. This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF(Standard Digital File) format. GENERAL CONDITIONS 23) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 24) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 25) The hours for exterior construction shall be limited to between 7:00 a.m.and 5:00 p.m.Monday through Friday, and between 8:00 a.m. and 5:00 p.m. on Saturday. 5 1929 Salem Street Limited Site Plan Review Detached Accessory Dwelling Unit February 3,2026 26) No open burning shall occur except as is permitted during burning season under the Fire Department regulations. 27) The provisions of this conditional approval shall apply to and be binding upon the Project Owner, its employees, and all successors and assigns in interest or control. 28) Any action by a Town Board,Commission,or Department,which requires changes in the Plans or design of the Project,as presented to the Planning Board,may be subject to modification by the Planning Board. 29) Other than normal field changes,the Planning Director shall approve any changes made to these plans. Any changes deemed substantial by the Planning Director would require a public meeting to review the modification to the Limited Site Plan Review decision by the Planning Board in accordance with Ch. 195--8.17 of the Zoning Bylaw. 3 0) The following information shall be deemed part of the decision: Plan titled: Site Plan of Land Proposed Accessory Dwelling Unit in North Andover, Mass. 1929 Salem Street Prepared for-, Wilson Rodriguez 1929 Salem Street North Andover,NIA.01845 Sheets: 1 Prepared by: Merrimack Engineering Services 66 Park Street Andover,MA.01810 Date: December 12,2025 cc: Applicant Abutters Owner