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Home My WebLink AboutRecorded of Notice of Decision - Decision - 6 BELMONT STREET 6/16/2025 }i .. 5 L+e D Tower. of North Andover ZONING BOARD OF APPEALS _ �-r 4 Alexanchia A.Jacobs,Esq.,C air Tor rk Time Stamp Michael T.Lis, Tice-Char �� ' �� -1---t Frank J.leMea,Clerk Laura Craig-Corn James M.Testa CE C: Matthewj.Ginsburg Any appeal shall be filed within twenty Notice of Decision on This is certify that twenty gays days after the date of filing of this notice Calendar Year 2024 av elapsed from gate f decision i the once of the Taman Clerk u without�t�� of an appeal. pursuant Date,1 � to Mass. Gen. L. oh. 40 , § Carla lD n r rren Tarn Clerk APPLICANT:C. NT: APPLICATION DATE. Joseph Ciancio o July 22, 2024 PROPERTY. HE ARING DATE. 6-8 Belmont Street September 17, 2024 North Andover, MA 0 1845 Map o 1 .o Parcel 0028PETITION: 2024- 1 1, PROCEDURAL ISTORY AND ST A. EMENT of FACTS Applicant, by application filed July 22, 2024, has requested a Special Permit pursuant to Town of North .Andover Zoning Bylaws, Section 1 -4. .N , the conversion of are existing dwelling to accommodate not more than five residential units in accordance with Section 1 --10.7 of this bylaw and Subsection N 4 of this section in the R-4 .honing District for the purpose of converting the existing third floor attic space into a newapartment unit. Specifically, Applicant has requested conversion of the existing two-family r structure to a three-family straoture in the -- 4 Zoning District with respect to the Property. The Application requires a heming before the North Andover Zoning Board of Appeals ("Board"), and due notice of the heming 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 Forth Andover, on August 5, 2024 and August 12, 2024. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday, September 17, 2024 at 7: 0 p.m. with respect to the Property, which is located in the -4.honing District. The following plans and exhibits were submitted with the Application or at the publichear*n (1) Proposed Addition Plot Plan prepared by Fri S. Giles �a , o.n ul iticr'dated May 20, 2024 and revised July 11, 2024, containing one 1 padp,; and (2) Existing and Proposed Plan Set prepared by G J siga Group:LLC dat.ed.'May04, 2024 containing six )pages. .rue.COPY'.': PETITION 2024-0 10 Page I of Tow. of North.Andover ZONING BOARD of APPEALS The P ropert r is located at 6-8 Belmont Street in the -4 Zoning District. 1. 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--1 o.7 Y of the Bylaws and as conditioned below, a the Property is an approp ate location for the use, structare, or condition, b the use as developed will not adversely affect the neighborhood, there will be no nuisance or serious hazard t vehicles or pedestii .s, 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 Pennit in order to convert the existing two-family stmeture to a three-family hucture pursuant to the Town of North Andover.honing Bylaws Section 1 5-4.3.N 3 , the conversion of an existing dwelling to accommodate not more than five residential units in accordance with Section. 1 5-10.7 of this bylaw and Subsection N 4 of this section in the R-4 Zoning District in accordance with the plans, other materials, and testimony at the public hearing. Ill. MOTION,VOTE,AND DECISION IPPPPIII'I'tl l it I5i4 Ni' PPOIIllpiiiiiirtM1 pP11114 rtii' IiPIPi I/Ylrri On September 17, 20241 the Board voted to close the public hearing. motion was made by Frank J.- Killi ea and seconded by Michael T. Lis to grant the Special Permit requested under Section 1 5-4.3.N , the conversion of an existing dwelling to accommodate not more than five residential units in accordance with Section. 1 5-l0.7 of this bylaw and Subsection N( of this section of the Zoning Bylaws to allow the conversion of the existing third floor attic space into a new apartment unit. Specifically,, Applicant has requested conversion of the existing two-family structure to a three-family structure in the R-4 Zoning District in accordance with the following plans and other materials: (1) Proposed Addition Plot Plan prepared by Frank S. Giles Laud Consulting slated May 20 2024 and revised July 11, 2024, containing one 1 page; and (2) Existing and Proposed Flan Set prepared by G J Design Group LLC dated May 04, 2024 containing six pages The voting members in Favor of the Special Permit: Alexandria A. Jacobs Esq., Michael T. Lis Frank J. Ki lilea, Laura Craig-Comin, and Jaynes A Vesta The voting members against the Special Permit: None. The non-voting members present: Matthew J. Ginsburg, Esq. PETITION 2024-0 10 Page 2 of x Town of North Anclover ZONING BOARD OF APPEALS The Chair declared the Board's vote to be -0 to GRANT THE SPECIAL PERMIT. North Andover Zonis oard of.Appeals Alexandria A. Jacobs, Esc., Chai7A Michael T. Lis, Vice-Chair 'prank J. Kil ilea, Clerk Laura Craig-Comin Janes M. Testa Matthew J. Jnsb.rg, Esq. Decision 202 -01 Mcision-6-8 f ci nmt Suet Motes: 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 Counter Registry f Deeds,Northern District at Applicant's expense. Further provided that if the Property is registered land, there a certified copy of the decision shall also be filed with the Land Court. 2. A decision granting a variance or special pernmit as requested by.Applicant does not necessarily ensure the granting of a building pert because Applicant must abide by all applicable local, state, and federal building codes and regulations pi or+to the issuance of a building pent as required by the Inspector of Buildings. . Generally, 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 ire-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• two 2 year period from the date of the grant unless substantial use or coast u tion has commenced pursuant to the provisions f Town of North Andover Zom'ng Bylaws Section 1 - 10. . THE REMAINDER of THIS 'AGE INTENTIONALLY LEFT BLANK ID OF DOCUMENT PETITION 2024-010 'age 3 of