The URL can be used to link to this page

Home My WebLink AboutDecision - Special Permit recorded - 39 Russell Street - - 39 RUSSELL STREET 4/7/2021 3 Town of North And'o;WU ZONING BOARD OF AjRlsh D.Paul Koch Jr.,Esq.,Chairman Qerk')"irde Stamp' Roon R.Faigen, Trite-Chairman Allan Cuscia,Clerk Alexandria A.Jacobs,Esq. FHcn P.McIntyre Assadate blemb*rs ThV8 ls to WVY qlai twenty(20)days NEchacl T.Us 40 haw elapsed ftom date Of ded-SIOn Steven R.Scide \qjthoo filing Of poal Fr2nk-J.KilWea Trudy- `Town Clerit Any appeal shall be filed within twenty Notice of Decision days after the date of filing of this notice Calendar Year 2021 in the office of the Town Clerk pursuant to Mass. Gen. L. ch.40A, § 17 APPLICANT: APPLICATION DATE: G.Richard Gagnon and Deborah Gagnon February 11,2021 PROPERTY: HEARING DATE: 39 Russell Street March 09,2021 North Andover,M& 01845 Map 057,Parcel 0001 PETITION: 2021-06 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed February 11,2021,has requested a Special Permit pursuant to Town of North Andover Zoning Bylaws, Section 195-4.3V in the R-4 Zoning District; specifically,Applicant has requested a Special Permit for the purpose of constructing a Family Suite with respect to the Property. 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 February 22,2021 and March 01,2021. The Board held a virtual public hearing on Tuesday,March 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) Plan of Land prepared by Merrimack Engineering Services dated February 9, 2021,containing one(1)page; and (2) Plans for 39 Russell Street,North Andover,Massachusetts prepared by I.S.Hernandez Services, Inc.dated August 13,2020 and most recently revised January 25,2021,containing eleven(11) pages(A-1 through A-1 1). The Property is located at 39 Russell Street in the R-4 Zoning District. The Property is non-conforming as the proposed family suite is 46%of the existing dwelling,and the variance therefor is the subject of a separate decision, 11. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the infonqWpA�esented at the hearing. PETITION 2021-06 ATIVe Copy Page of Toiyn Clerk 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(c)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 and as conditioned below,the Applicant's proposed change,extension,or alteration to the Property is not substantially more detrimental to the neighborhood than the existing conditions. Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit in order to construct a Family Suite pursuant to the Town of North Andover Zoning Bylaws Section 195- 4.3V in the R-4 Zoning District in accordance with the plans, other materials,and testimony at the public hearing. III. MOTION,VOTE,AND DECISION On March 09,2021,the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by Alexandria A. Jacobs,Esq.to grant the special permit requested under Section 195-4.3V of the Zoning Bylaws to allow the construction of a Family Suite in accordance with the following plans and other materials: (1) Plan of Land prepared by Merrimack Engineering Services dated February 9,2021,containing one(1)page;and (2) Plans for 39 Russell Street,North Andover,Massachusetts prepared by I.S.Hernandez Services, Inc. dated August 13,2020 and most recently revised January 25,2021,containing eleven(11) pages(A-1 through A-11). The voting members in favor of the special permit: D.Paul Koch,Jr.,Esq.,Allan Cuscia, Ronn R.Faigen,Michael T. Lis, and Alexandria A.Jacobs,Esq. The voting members against the special permit: None The non-voting members present: Frank J. Killilea and Steven R. Seide The Chairman declared the Board's vote to be 5-0 to G N T E SPECIAL PERMIT. North A o r ning Board of Appeals D. Paul o h In,N., Chairman Ronn R. ai en,Vic Chair Allan Cusci ,Clerk Alexandria A.Jacobs,Esq. Ellen P.McIntyre Michael T. Lis Steven R. Seide Frank J.Killilea Decision 2021-06 50.isio f SNciz]Peem]S—39 Russet]Street v2.0202i0335(pk?el i) PETITION 2021-06 Page 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. GeneraIly, if the rights authorized by a decision granting a variance are not exercised within one(1) year of the elate 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 202)-06 Page 3 of 3 i n .rw RECEIPT Printed: April 7, 2021 ® 16.01.17 Essex North Registry M. AW Ianrnucci l to ! Register Transfi; 9524 Oper:STEPHENN ° Book;-16$68y Page:r�172 C110: 207 Reo:4-07-2021npt 3:59:59p NAND 39 RUSSELL ST DOC DESCRIPTION TRANS A�iT DECISION-_________ Surcharge CPA $50.00 50.00 recording fee 50'00 5.00 TECH FEE 50.00 5.00 Total fees: 105.00 Total charges; 105,00 CHECK PM 389 105.00