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HomeMy WebLinkAboutDecision-Special Permit 2.23.2021 - Decision - 281 MIDDLESEX STREET 2/23/2021 Town of North Andover ZONING BOARD OF APPEALS D.Paul Koch Jr.,Esq.,Chairman Town Clerk Time Stamp Ronn R.Faigen,Tliee-Chauvin Alian C.uscia,Clerk Ellen R.McIntyre Alexandria A.Jacobs,Esq, �ssotiale Meur&ers Michael T.Lis Steven R.Seide Frantz J.Killilea This is to certify tmt tvienty(20)daya ,tAve Qizpsad fio,tr data of deco- On Any appeal shall be filed within twenty Notice of Decision v�itlrout filing of W)A�S11 t days after the date of filing of this notice Calendar Year 2021 Tkj - —3 in the office of the Town Clerk pursuant Toevn OleiR to Mass. Gen. L. ch. 40A, § 17 APPLICANT: APPLICATION DATE: Joseph Stewart January 14,2021 PROPERTY: HEARING DATE: 281 Middlesex Street February 09, 2021 North Andover,MA 01845 Map 009.0,Parcel 0047 PETITION: 2021-02 1. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed January 14, 2021 has requested a Special Permit pursuant to Town of North Andover Zoning Bylaws, Section 195-4.3.3, the conversion of au existing dwelling to accommodate not more than five residential units by Special Permit from Zoning Board of Appeals in accordance with Section 195-10.7 for the purpose of converting a single-family home to a multi-fati ly home in the RA Zoning District. 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 January 25,2021 and February 01,2021. The Board held a virtual public hearing on Tuesday,February 09,2021 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: (1) Certified Plot Plan prepared by John Abagis&Associates,Professional Land Surveyors dated April 23,2020,containing one(1)page; (2) Certified Plot Plan prepared by John Abagis&Associates,Professional Land Surveyors dated January 08,2021,containing one(1)page; (3) Landscaping Plan,undated,containing one(1)page; (4) Garage Elevations and Proposed Garage Floor Plan prepared by CWC Design,LLC,undated, containing two(2)pages; (5) Existing Floor Plans prepared by CWC Design,LLC dated June 2, 2020 containing three(3) pages; ATMT*. ATMO Copy PETITION 2021-02 U Page I of 3 T[rwn Cwk Town of North Andover ZONING BOARD OF APPEALS The voting members in favor of the special permit: Alexandria A.Jacobs,Esq.,Ellen P. McIntyre, Allan Cuscia,Ronn R.Faigen,and The voting members against the special permit: None D. Paul Koch,Jr.,Esq. The non-voting members resent: Steven n R. Seid e Michael T.Lis ,and Frank J. Killilea The Chairman declared the Board's vote to be 5-0 to G T THE SPECIAL PERMIT. North dove Zoning Board of Appeals D.Paul och Jr. Esq.,Chairman Ronn R.Faigen, ice Chairman Allan Cuscia,Clerk Ellen P. McIntyre Alexandria A. Jacobs,Esq. Michael T. Lis Steven R. Seide Frank J. Killilea Decision 2021-02 281 midd:eux str«—Os lkasioo spnil PcrtuiE✓'Az10:i8{po2clan}dx 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 202I-02 Page 3 of 3