HomeMy WebLinkAboutRecorded Decision - Decision - 236 JOHNSON STREET 6/25/2024 V 1..
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Town of North Andover
ZONING BOARD OF APPEALS
D
Alexandria A.Jacobs,Esq.,Cbair To Clerk Time ib, e-S tii m�`p,
Michael T.Lis, Vie-e-Cliair
Frankj.KiHea,Clerk Ronn R.ralgen
Steven R.Seide
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Ariodale
Laura Craig-Cofi �-,!Craig-CommDn Jr
R
James M.Testa
Matthewj.Ginsburg
Any appeal shall be filed within twenty Notice of Decision This Is certify that twenty(20)days
have elapsed from date of decision
days after the date of filing of this notice Calendar Year 2024 without filln�ofn peal.
in the office of the Town Clerk pursuant
to Mass. Gen. L. ch. 40A, § 17 Carta Dawne Warren
Town Clerk
APPLICANT: APPLICATION DATE:
Joshua R. Drolet April 24, 2024
PROPERTY: HEARING DATE.
236 Johnson Street May 21,2024
North Andover,MA 01845
Map 097.0,Parcel 0054 PETITION:
2024-005
J. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed April 24, 2024,has requested a Special Permit pursuant to Town of North
Andover Zoning Bylaws, Section 195-4.2.Q Family Suite in the R-3 Zoning District. Specifically,
Applicant has requested a Family Suite of 640 SF located entirely within the walkout basement of the
existing single-family home in the R-3 Zoning District 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 May06,2024 and
May 15,2024.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday, May 21,2024 with respect to the Property,which is located in the R-3 Zoning District.
The following plans and exhibits were submitted with the Application or at the public heating:
(1) Current First Floor Plan,undated, containing one (1)page;and
(2) Proposed Basement Floor Plan,undated, containing one(1)page.
The Property is located at 236 Johnson Street,North Andover,MA in the R-3 Zoningl)i.ptriot.
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11. FINDINGS/DISCUSSION/CONDITIONS
Toiyp rjerk
The Board has made careful study of the materials submitted and the information presezited at the.hoarlmj','
PETITION 2024-005 of 3
. 1 1
Town of Noah Andover I
ZONING BOARD OF "PEALS
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 opeiration 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 for a Family Suite of 640 SF located entirely within the walkout basement of the existing single-
family home pursuant to the Town of North Andover Zoning Bylaws Section 195-4.2.Q in the R-3
Zoning District in accordance with the plans, other materials,and testimony at the public hearing.
)[ . MOTION,
_VOTE,AND DECISION
On May 21, 2024,the Board voted to close the public hearing.
A motion was made by Frank J. Killilea and seconded by Ronn R. Faigen to grant the Special Permit
requested under Section 195-4.2.Q of the Zoning Bylaws to allow a Family Suite of 640 SF located
entirely within the walkout basement of the existing single-family home in accordance with the following
plans and other materials:
(1) Current First Floor Plan,undated, containing one(1)page; and
(2) Proposed Basement Floor Plan, undated, containing one (1)page.
The voting members in favor of the Special Permit: Alexandria A. Jacobs,Esq.,Michael T. Lis,
Frank J.Killilea,Ronn R. Faigen, and
Steven R. Seide
The voting members against the Special Pern-dt: None.
The non-voting members present: Laura Craig-Conrin and Matthew J. Ginsburg
The Chair declared the Board's vote to be 5-0 to GRANT THE SPECIAL PERMIT.
North ndover Zonin oard of Appeals
Alexandria A. Jacobs, Esq., Chair
Michael T. Lis, Vice-Chair
Frank J. Killilea, Clerk
Ronn R. Faigen
Steven R. Seide
Laura Craig-Comin
James M. Testa
Matthew J. Ginsburg, Esq.
Decision 2024-005
DECiSIDN•236 Johnson S[
PETITION 2024-005 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. 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 are-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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PETITION 2024-005 Page 3 of 3