HomeMy WebLinkAboutRecorded Special Permit Decision - Decision - 20 BROWNS COURT 5/10/2023 Bk 17736 Pg11 #6998
05-10-2023 @ 08 : 04a
Town of North Andover
ZONING BOARD OF APPEALS
Ale:zandriaA,. b acos,Es uir
J 9>Cb . r !Town Ck�k'Siiffe 5tarnp�
Mchac]T.Lis, Vite-Chair x;
Allan Cuscia,Clem
Itonn R.,F'aigen �, l
Steven R.Seide
As,wdate Alemberr
Frank J.IsiUea ti i c d
Laura Craig-Conan - ;
James M.Testa
Any appeal shall be filed within twenty Notice of Decision This.is certify thattweri!%;(20)
days after the date of filing of this notice Calendar Year 2423 haVto elapsed from elate o decision
without filing of a� pp al.
in the office of the Town Clerk pursuant Date
to Mass. Gen. L. ch. 40A, § 17 Carla Dawne arren�
Town Clerk
APPLICANT: APPLICATION DATE:
Joseph Levis 'February 15,2023
PROPERTY: HEARING DATE:
20 Browns Court March 14, 2023
North Andover, MA 01845
Map 410,Parcel 0034 PETITION:
2022-001 SP
1- PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed February 15,2023,has requested a special permit pursuant to Town of
North Andover Zoning Bylaws, Section 195-4.3(N)(1)(b) Two family dwellings in accordance with
Section 195-10.7 and Subsection N(4)in the R-4 Zoning District for the purpose of razing the existing
single-family structure on the Property and replacing it with a two-family structure.
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 ne
Ba,,le-Tribune,a newspaper of general circulation in the Town of North Andover, on February 27,2023
and March 06, 2023.
The Board held a public hearing remotely on Tuesday,March 14,2023 with respect to the Property,
which is located in the R4 Zoning District.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Plot Plan prepared by Andover Consultants, Inc. dated February 14,2023, containing one(1)
page;
(2) Elevation and Floor Plans prepared by Colonial Drafting dated September 03,2020, containing
eight(8)pages; and
(3) Framing PIans prepared by Colonial Drafting dated September 03,2020,containing seven(7)
pages.
The Property is located at 20 Browns Court in the R4 Zoning Distq.j s]�F Property requires a special
permit in order to allow for a two-family dwelling on the lot. A True Copy
1%"4,f,k,,,z A,...
PETITION 2023-001SP Town Geri, Page 1 of
y _ Bk 17736 Pg12 #6998
Town of North Andover
ZONING BOARD OF APPEALS
II. FINDINGSIDISCUSSIONICOI' DITIONS
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 raze the existing single-family structure on the Property and replace it with a two-family
structure pursuant to the Town of North Andover Zoning Bylaws Section 1954.3(N)(1)(b)Two family
dwellings in accordance with Section 195-10.7 and Subsection N(4) 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 14, 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)(1)(b)Two-family dwellings in accordance with Section 195-10.7 and
Subsection N(4)of the Town of North Andover Zoning Bylaws in the R-4 Zoning District for the purpose
of razing the existing single-family structure on the Property and replacing it with a two-family structure
of the in accordance with the following plans and other materials submitted with the Application or
presented at the hearing:
(1) Plot Plan prepared by Andover Consultants,Inc. dated February 14,2023, containing one(1)
page;
(2) Elevation and Floor Plans prepared by Colonial Drafting dated September 03,2020, containing
eight(8)pages; and
(3) Framing Plans prepared by Colonial Drafting dated September 03, 2020,containing seven(7)
pages.
The voting members in favor of the special permit: Alexandria A Jacobs,Esq.,Michael T.Lis,
Ronn R. Faigen,Steven R. Seide,
and Frank J.IGillilea
The voting members against the special permit: None.
The non-voting members present: Laura Craig-Comin and James M. Testa
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PETITION 2023-001 SP Page 2 of 3
Bk 17736 Pg13 #6998
Town of North Andover
ZONING BOARD OF APPEALS
The Chairperson declared the Board's vote to be 5-0 t GRANT THE SPECIAL PERMIT.
01 lIZ414
North A dover Zoning Mard of Appeals
Alexandria A.Jacobs,Es .,Chair
Michael T. Lis, Vice-Chair
Allan Cuscia, Clerk
Ronn R. Faigen
Steven R. Seide
Frank J.Killilea
Laura Craig-Comin
Jaynes M. Testa
Decision 2023-001 SP
Dccision_special Pemrit
Notes:
1. A decision granting a variance or a special permit shall not be in effect until a terrified 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 pen-nit 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. Caen.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
M. PAUpLpAAddIP�A33NNUCCILLO, REGISTER
PE°�`1TMON2023-0015P ESSEX NORTH4%GISTRY OF DEEDS
E-RECORDED