HomeMy WebLinkAboutSpecial Permit Decision Lot 2 - Decision - 122 MILLPOND 5/23/2023 Town of North Andover
ZONING BOARD OF APPEALS..
Alexandria A.Jacobs,Esq.,Cliair Town Clerk Time Stamp
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Michael T.Lis,Vire-Clmir • 23 PH 2- 53
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Allan Cuscia,Cleik
Ronn R.Faigen
Steven R.Scide rl 0 F
Asioddlehlembey's V E 1�
Frank J.KAM Tea Tr
Laura Craig-Cumin
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
APPLICANT: APPLICATION DATE:
Zendko, LLC April 12, 2023
PROPERTY: HEARING DATE:
122 Millpond, Lot 2 May 09, 2023
North Andover, MA 01845
Map 095.A, Parcel 122 PETITION:
2023-005
I. 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.1.95-10,7 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 April 24, 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;
PETITION 2023-005 Pagel of
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 (A110, A-103-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 2 in the R-4 Zoning District. The Property is non-
conforming as a special permit is required for two-family dwellings.
II. FINDINGS/DISCUSSION/CONDITIONS
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, (e) 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-fancily
dwellings, by special permit, 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) ANR Plan of Land prepared by Greenman-Pedersen, Inc. ("GPI") dated December 15,
2023, containing one (1) page;
(3) Elevation and Floor.Plans prepared by Zendko, LLC dated April 10, 2023, containing
eight(8)pages (A110, A103-A109); and
(4) Site and Stormwater Narrative prepared by Civil Design Group, LLC dated February 7,
2023, containing two (2) pages.
PETITION 2023-005 Page 2 of 3
i
Town of North Andover
ZONING BOARD OF "PEALS
The voting members in favor of the special permit: Alexandria A. Jacobs, Esq.,Michael T. Lis,
Ronn R. Faigen, Steven R. Seide, and
Laura Craig-Comin
The voting members against the special permit: None.
The non-voting members present: Frank J. Killilea, James M. Testa
The Chairperson declared the Board's vote4AIexan�ria
T THE SPECIAL PERMIT.
r Zoning B rd of Appeals
Jacobs, Es ., Chair
Michael T. Lis, Vice-Chair
Allan Cuseia, Clerk
Ronn R. Faigen
Steven R. Seide
Frank J. Killilea
Laura Craig-Comin
James M. Testa
Decision 2023-005
NcWoa Templa o 2019 v1.2 20190J 14lpk-M aO
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, (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 lapsed 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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END OF DOCUMENT
PETITION 2023-005
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