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Home My WebLink About- Decision - 226 MAIN STREET 3/19/2019 C` • I i Town of North Andover ZONING BOARD OF APPEALS .1TOITT r N" t"ILCRI-CS OF IC:- D.Paul l octi Jr.,Esq.,Chairaiaa Town Clerk TirrfeMMAR 18 AM 9. 15 Ellen P.McIntyre,T1ice-Qanrnair Allan Cuscia AlexanddaA.Jacobs,Esq. _ Bonn R.Faigen ;40 1 H A lU €;sC Asrorinte 2epiGers M-A S S A C H I 1 c F.TT Michael T,Lis StevenR.Seide ' Francs J.Ki0ea This Is to Wat twenty(20)days have elapsed from date of decision,filled without Nng of an appeal,Any appeal shall be filed within twenty Notice of Decision Date days after the date of filing of this notice Calendar Year 2019 loyos A. drhaw in the office of the Town Clerk pursuant Town C#e to Mass.Gen.L.ch.40A, § 17 I APPLICANT: APPLICATION DATE: i Joseph A.Montefbrtes Trustee February 13,2019 I PROPERTY: HEARING DATE: 226 Main Street March 12,2019 North Andover,MA 01845 Map 041.0,Parcel 0021 PETITION: 2019-003 i I I. PROCEDURAL HISTORY AND STATEMENT OF FACTS E Applicant, by application filed February 13,2019,has requested a special permit pursuant to Town of North Andover Zoning Bylaws,Section 195-9.4 in the R 4 Zoning District,specifically,Applicant has requested building after a catastrophe. i I The Application requires a hearing before the North Andover Zoning Board of Appeals("Board"), and due notice of the healing 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 i Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on February 26,2019 I and March 5,2019. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday,March 12,2019 at 7:30 PM 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(s): (1) Applicant's Plot Plan of Land by Sullivan Engineering Group,LLC dated January 21,2019 (2) Applicant's architect plans(A0.1,A0.2,A1.0,A1.1,A1.2,A1.3,A1.4,A1.5)by GSD Associates, LLC dated January 21,2019 The Property is located at 226 Main Street in a R-4 Zoning District. The Property's non-conformance is that its use as "multifamily dwellings and apartments" is not an allowed use in.the R-4 Zoning District. U FINDINGS/DxS.CUSSrON/CONDITIONS { The Board has made careful study of the materials submitted and the inforrnation presented at the hearing. PETITION2019-003 • ;1 'I-rab Copy Page I of 3 `ruv rn Clerk` i Town. of North.Andover ZONING BOARD OF APPEALS The Board finds that under Section 195-10.7(A)of the Bylaws and as conditioned below,(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. The Board further finds that under Section 195-9.1 of the Bylaws the Applicant's proposed change, extension,or alteration to the Property is not substantially more detrimental than the existing nonconforming use to the neighborhood. Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit in order to build after a catastrophe pursuant to the Town of North Andover Zoning Bylaws Section 195- 9A-in the R-4 Zoning District in accordance with the plans,other materials,and testimony at the public hearing. IQ MOTION VOTE AND DECISION On March 12,2019,the Board voted to close the public hearing. A motion was made by Alexandria A.Jacobs and seconded by Ronn R.Faigen to grant the special permit requested under Section 195-9.4 of the Zoning Bylaws to allow building after catastrophe. The voting members in favor of the special permit: D.Paul Koch,Jr.,Ronn R.Faigen, Alexandria A.Jacobs,Steven R.Seide,and Michael T.Lis The voting members against the special permit; None The non voting members present: Frank J.K,illilea The Chairman declared the Board's vote to be 5-0 to G T T SPECIAL PERMET. Noit jn(d v r ooing Board of Appeals D.Pa c r., sq.,Chah-man EllenP. clntyre, ice Chair Allan Cuscia Alexandria A.Jacobs,Esq.,Acting Clerk Ronn R.Faigen Michael T.Lis Steven R. Seide Frank J.Killilea : j Decision 2019-003 SPDmtslnn22G�SalnSlseelv22GI90312(9k2et d 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. PETITION 2019-003 Page 2 of 3 a Town of North Andover ZONING BOARD OF APPEALS Further provided that if the Property is registered land then a certified copy of the decision shall also be filed with the hand Court, � 2. A decision granting a variance or special permit as requested by Applicant does not necessarily ensure the granting of a building perrnit 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 frown the date of the grant unless substantial use or construction has commenced. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT i i I I i I I i ; i i I i i I i i i i i i I s E E I i r }i I PETITION 2019.003 Page 3 of3 ti , 1