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HomeMy WebLinkAbout- Decision - 52 PRESCOTT STREET 1/10/2019 u7- 7.1 Town of Noxth Ati(lo`V­e4` ZONING BOARD OF APPEALS n i D.Pau[Koch Jr.,I s q.,Club vlaw Ellen P.McIntyle, rmr Town Clerk Time Stamp Allan Cuscia Alexandria A.Jacobs,Esq. Ronn R.Faigen Associate thew ben, Michael T.Lis Steven R.Scide Fraralc J.XiHea Phis is to*"ty that Nventy(20)days have elapsed tom date of declsion,filed MIhout ding ofa PIP al. Any appeal shall be filed within twenty Notice of Decision Da days after the date of filing of this notice Yeah 2019 Joyou A.tkodahaw in the office of the Town Clerk pursuant town Clwk to Mass.Gen.L.ch.40A, § 17 APPLICANT: APPLICATION DATE: Brian Flanagan November 15,2018 PROPERTY: BEARING DATE(S): S2 Prescott Street December 11,2018 and January 8,2019 North Andover;MA 01845 Map 068.0,Parcel 0001 PETITION: 2018-30 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed November 15,2018 has requested a special permit pursuant to Town of North Andover Zoning Bylaws, Section 195-43(N)(4)(a)in the R-4 Zoning District;specifically, Applicant has requested a special permit for conversion of a two-family home to three condominium units. 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 November 27,2018 and December 4,2018. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday,January 8,2019 and a previous public hearing was held on December,11,2018 with respect to the Property,which is located in the R-4 Zoning District. The following plans and exhibits were submitted with the Application or at the public hearing: (a) Applicant's revised Plan of Land by Jarosz Land Surveying dated December 18,2018 (b) Applicant's floor p lans/unit plans marked A-10 1 by Caveney Architectural Collaborative,Inc. dated October 12,2018 (c) Photographs of the Property and neighboring houses The Property is located at 52 Prescott Street,North Andover,MA, 01845 in the R-4 Zoning District. H.FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and p the,jqgmtion presented at the hearings. PETITION 2018-30 Page 1 of 3 Town of North Andover ZONING BOARD OF APPEALS The Board finds that under Section 195-4.3(N)(4)(a)of the Bylaws and as conditioned herein,the Application complies with the purposes of the Zoning Bylaws and is consistent with the use of the site for the purpose permitted within the R-4 Zoning District with specific consideration of the design standards in Section 195.4.3(N)(4)(a)-(c)of the Bylaws, The Board further finds that under Section 195-10.7(A)of the Bylaws and as conditioned herein,(a)the Property is an appropriate location for the use,structure,or condition,(b)the use as developed will not adversely affect the neighborhood,(c)there will be no nuisance or serious hazard to vehicles or pedestrians, (d)adequate and appropriate facilities will be provided for the proper operation of the use, and(e)the use is in harmony with the general purpose and intent of the Bylaws. Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit in order to convert a two-family home to three condominium units pursuant to the Town of North Andover Zoning Bylaws Section I95-4,3(N)(4)(a)in the R-4 Zoning District in accordance with the plans,other materials,and testimony at the public hearings and subject to the following conditions: (a) Applicant's construction shall be consistent with the final project plans and materials as submitted by Applicant,as listed hereinabove,and as approved by the Board. (b) Applicant shall reasonably mitigate water runoff by the proposed catch basin and leach field in the northeastern corner of the Property as indicated in the final project plans and materials as submitted by Applicant,as listed hereinabove, and as approved by the Board. (c) Applicant shall reasonably landscape the Property consistent with the final project plans and materials as submitted by Applicant,as listed hereinabove,and as approved by the Board. III. MOTION,VOTE,AND DECISION On January 8,2019,the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by Michael T.Lis to grant the special permit requested under Section 195-4.3 (N)(4)(a)of the Zoning Bylaws to allow the conversion of a two family home to three condominium units with the conditions delineated hereinabove. The voting members in favor of the special permit: D,.Paul Koch,Jr.,Allan Cuscia, Michael T.Lis, Steven R. Seide,and Frank J. Killilea. The voting members against the special permit: None The Chairman declared the Board's vote to b -0 to GRANT THE SPECIAL PERMIT North n o r Zoning Board of Appeals D.Paul ko: h r., sq.,Chairman Ellen P.McIntyre,Vice Chair Allan Cusci ,Acti Clerk Alexandria A. Jacobs,Esq. Ronn R.Faigen Michael T. Lis Steven R. Seide Frank J.Killilea Decision 2018-30 Sp"W Pe-k Dedrion 52 PmMO Stm1 i2 20190110(pk•20—) PETITION 2018-30 Pare 2 of 3 Town of North Andover ZONING BOARD OF APPEALS 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 2018-30 Page 3 of 3