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HomeMy WebLinkAboutDecision - Decision - 35 MEADOWOOD ROAD 5/2/2018 Town of North Andover ZONING BOARD OF "PEAL$",,`-"CP_,1VE0� Albert P.Manzi 111,Esq.Chairman Town Clerk Time Stamp Ellen P.McIntyre,Vice-Chairman D.Paul Koch Jr.,Esq.Clerk HAY -2 10: 17 Allan Cuscia Nathan Weinreich Associate Members j Ronn Faigen 7" Alexandria Jacobs,Esq. Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2018 notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, §17 Property at: 35 Meadowood Road(Map 25 Parcel 24), North Andover,NIA 01845 NAME: Town of North Andover BEARING(S): January 9,2018,April to 2018 ADDRESS: 35 Meadowood Road PETITION: 2017-016-- (Map 25, Parcels 24) The North Andover Board of Appeals held a public hearing(s)at Town Hall, at 120 Main Street,North Andover,MA on Tuesday,April 10, 2018 at 7:3 0 PM, and a previous hearing on January 9, 2018. respectively for the application of Michael Consoli(hereinafter"Applicant")with respect to the property located at 35 Meadowood Road (Map 25 Parcel 24),North Andover,MA 01845 in the R6 Zoning District(hereinafter"Property"). The Applicant is requesting a Special Permit from section 4.125.16 of the Zoning Bylaw to convert an existing one family home to a two family home in the R6 Zoning District. Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover, on December 26,2017 and January 2,2018 The following plans and exhibits were submitted at the public hearing: Plan of Land,MD Design Build Architectural Designs dated 8/2/2017. The following regular voting members were present,Albert Manzi,Ellen P. McIntyre, D.Paul Koch, Allan Cuscia, and Nathan Weinreich,. Associate members present were Alexandria Jacobs and Ronn Faigen. The Board voted to close the public hearing. Upon a motion by Ellen P. McIntyre, seconded by Allan Cuscia to Grant the Special Permit requested from section 4,125.16 of the Zoning Bylaw to convert an existing one family home to a two family in the R6 Zoning District. Those in favor to Grant the Special Permit: D.Paul Koch,Nathan Weinreich,Albert Manzi Those not in favor; Ellen P.McIntyre,Allan Cuscia By a motion of 3 in favor and 2 against the motion was defeated The Board finds that the Special Permit for the petition of Michael Consoli, located at 3 5 Meadow Road received three votes in favor to grant the Special Permit and 2 votes in opposition, and that the application did not receive the required Supermajority of four votes to grant the Special Permit. The grounds for Denial were because the petitioner did not satisfy the required circumstances pursuant to petition filed, and that the Petitioner did not satisfy the provisions under Section 4.125.16 in the R-6 District of the Page I of Town of North Andover Zoning Bylaws, and that such a change, or extension or alteration would adversely affect the neighborhood. The Board finds that the petition for Michael Consoli, located at 35 Meadowood Road did not receive the required supermajority of four votes, so the Special Permit was I denied. Notes: p I. This decision,shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2. The granting of the Variance as requested by the applicant does not necessarily ensure the granting of a building permit as the 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. If the rights authorized by the variance are not exercised I year of the date of the grant, it shall lapse,and may be re-established after notice and a new hearing. No h Andover Zon' g Boa d of Appeals No P.Manzi III,ksq., Chairman Ellen P. McIntyre,Vice Chair D.Paul Koch Jr.Esq., Clerk Allan Cuscia Nathan Weinreich Decision 20 17-Q 16 Page 2 of 2