By Paul Tennant
---- — NORTH ANDOVER — The Zoning Board of Appeals hearing on a plan to build 240 apartments off Route 114, has been continued until May 16.
Attorney Theodore Regnante, who represents the developer, North Andover Holdings LLC, explained that two abutters did not receive formal notification about the proposal and the hearing that was originally scheduled for last Thursday evening.
If the plan is approved, the apartments will be built on the site of the former Berry Street Riding Academy, located near Berry Street and Route 114. Five four-story buildings would each have 48 units.
“We did not want to go forward,” Regnante said, without all of the abutters being properly notified. He said the assessors omitted the names of the two abutters in a list requested by his client.
North Andover Holdings LLC has filed the plan under Chapter 40B, the state’s anti-snob zoning law, which exempts developers from most local zoning regulations if at least 25 percent of the homes included in a project are set aside for people earning below-average incomes.
Regnante also said his client agreed to extend the deadline for a decision on the project until Aug. 22. Normally, a zoning board has 180 days to approve a Chapter 40B project.
North Andover Holdings LLC filed its application in January.
The developer made a presentation before the Conservation Commission on Wednesday night. Ann Marton, director of ecological services for LEC Environmental Consultants, said the developer is willing to take care of widening Berry Street.
Nearby residents have said that road is too narrow to handle the volume of traffic that will result from a large residential development.