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Home My WebLink AboutSpecial Permit Decision Lot 1 - Decision - 122 MILLPOND 5/23/2023 1 Town of North Andover ZONING BOARD OF APPEALS - ' -CJ Alc%andria A.Jacobs,Esq.,Cliah- y .,Town Cleric Time Stamp Michael T.Lis,Vice-Chair (:, 3 Allan Cuscia,Clerk .. Roan R.Faigen Steven R.Scide Aarociale hlembeir Prank j.Kihilea Laura Craig-Comin James M.Testa Any appeal shall be filed within twenty Notice of Decision days after the date of filing of this notice Calendar Year 2023 in the office of the Town Clerk pursuant to Mass, Gen, L. ch, 40A, § 17 i APPLICANT: APPLICATION DATE: Zendlco, LLC April 12, 2023 PROPERTY: HEARING DATE: 122 Millpond, Lot 1 May 09, 2023 North Andover, MA 01845 PETITION: Map 095.A, Parcel 122 2023-004 1. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed April 12, 2023, has requested a special permit pursuant to Town of North Andover Zoning Bylaws, Section 195-4.3.N(1)(b) and subsection N(4) Two-family dwellings, by special permit, in accordance with Section 195-10.7 of this Bylaw in the R-4 Zoning District for the purpose of constructing a new two-family residential structure. Specifically, Applicant has requested to raze the existing tennis courts and construct a new two- family structure on the vacant lot. 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 Apri124, 2023 and May 01, 2023. The Board held a public hearing at North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, May 09, 2023 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) Site Plan Set prepared by Civil Design Group, LLC dated April 10, 2023, containing seven (7)pages; (2) ANR Plan of Land prepared by Greenman-Pedersen, Inc. ("GPI") dated December 15, 2023, containing one (1)page; PETITION2023-004 Pagel of3 Town of North Andover ZONING BOARD OF APPEALS (3) Elevation and Floor Plans prepared by Zendko, LLC dated April 10, 2023, containing eight (8) pages (Al 10, A103-A109); and (4) Site and Stormwater Narrative prepared by Civil Design Group,LLC dated February 7, 2023, containing two (2) pages. The Property is located at 122 Millpond,Lot 1 in the R-4 Zoning District, The Property is non- conforming as a special permit is required for two-family dwellings. II. I+INDINGS/DISCUSSIONWONDII`IONS The Board has made careful study of the materials submitted and the information presented at the hearing. 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. Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested special permit in order to construct a new two-family residential structure pursuant to the Town of North Andover Zoning Bylaws Section 195-4,3.N(1)(b) and subsection N(4) Two-family dwellings, by special perinit,.in accordance with Section 195-10.7 of this Bylaw 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 May 09, 2023 the Board voted to close the public hearing. A motion was made by Michael T. Lis and seconded by Ronn R. Faigen to grant the special permit requested.under Section 195-4.3.N(l)(b) and subsection N(4) Two-family dwellings, by special permit, in accordance with Section 195-10.7 of the Zoning Bylaws to allow the construction of a new two-family residential structure in accordance with the following plans and other materials: (1) Site Plan Set prepared by Civil Design Group, LLC dated April 10, 2023, containing seven(7)pages; (2) ANNR Plan of Land prepared by Greenman-Pedersen, Mc. ("GPI") dated December 15, 2023, containing one(1) page; (3) Elevation and Floor Plans prepared by Zendko, LLC dated April l0;2023, containing eight (8)pages (Al 10,A103-A109); and (4) Site and Stormwater Narrative prepared.by Civil Design Group, LLC dated February 7, 2023, containing two (2) pages. PP.TMON 2023-004 Page 2 of 3 i i Town of North Andover ZONING BOARD OF .APPEALS The voting members in favor of the special permit: Alexandria A. Jacobs, Esq., Michael T. Lis, Ronn R. F'aigen, Steven R. Seide, and Laura Craig-Comin The voting members against the special permit: None. The nonvoting members present: Frank J. Killilea, James M. Testa The Chairperson declared the Board's vote to be 5-0 T THE S ECIAL PERMIT, arth vex Zoning Boar f Appeals Alexandria A, Jacobs, Esq., C air Michael T. Lis, Vice-Chair AIlan Cuscia, Clerk Ronn R. Faigen Steven R. Seide Frank J. Killilea Laura Craig-Cornin James M. Testa Decision 2023-004 Uecisian 7empise z019 v1.27019NIG[pk•2clrany 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 perrrlit as required by the Inspector of Buildings. 3. Generally, (a) 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(b) the rights authorized by a decision granting a special permit shall be deemed to have Iapsed after a two(2) year period from the date of the grant unless substantial use or construction has commenced pursuant to the.provisions of Town of'North Andover Zoning Bylaws Section 195- 10.7. 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