HomeMy WebLinkAboutDecision - date stamped - Decision - 180 HIGH STREET 5/27/2025 Town of North Andover
ZONING BOARD OF. PPE S
Michell'.Lis,Chair Town Clerk Time S tarn p
Lau ra C ra ig-C o m in,Vice C hair
V nk J.Killflea,Clerk
Alexandria A.j acob s,Rs q.,
James M.Testa
Asiodate Members
Mat thcwj.Ginsburg
Zacharyj.Irlachey
Melissa Rutherford
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2025
in the office of the Town Clerk pursuant
to Mass. Gen. L. ch. 40A, 17
APPLICANT: APPLICATION DATE,
JOSEPH SOUZA April 24,2025
PROPERTY: HEARING DATE.
180 High Street May 20,2025
North Andover,MA 01845
Map 0053, Parcel 0001 PETITION:
2025-005
T. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed April 24, 2025, has requested a Special Permit pursuant to Town of North
Andover Zoning Bylaws, Section 195-107, Subsection I)to convert a single family dwelling into a 2-
family multi-unit,with respect to the Property.
The Applicant 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 May 5, 2025 and
May 12,2025.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA on
Tuesday, May 20, 2025 at 7:30 p.m. with respect to the Property, which is located in the R-4 Zoning
District.
The following plans and exhibits were submitted with the Appi ication or at the public hearing:
(1) None
The Property is located at 180 High Street in the R-4 Zoning District. The Property is a pre-existing non
confirming lot.
PETITION 2025-005 Page 1 of 3
Town of North Andover
ZONING BOARD OF APPEALS
LL. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information tr ' �y-r
presented at the hearing.
The Board also rotes that among the most significant issues that arose at the hearing was parking at the
dwelling.
The Board finds that under Section 19 -1 . A of the laws and s conditioned
� below, the Property
is an appropriate location for the use, structure, or condition, the use as developed will not adverse
Y
affect the neighborhood, o there will be no nuisance or serous hazard to vehicles or pedestrians, d
adequate and appropriate facilities will be provided for the proper operation of the use, and a the use is
in harmony with the general purpose and intent of the Bylaws.
The Board fudher finds that under Section 19 -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.
The Board attaches the following conditions to the findings and this decision:
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit
in order to convert an existing one-family dwelling into a 2-Family multi-unit dwelling pursuant to the
Town of Forth Andover Zoning Bylaws Section -10. , Subsection N in the R-4 Zoning District in
accordance with the plans,other materials,and testimony at the public hearing .
111, MOTION,.VOTE.,AND DECISION
Oil May 20,2025 the Board voted to close the public bearing.
A motion was made by Laura Craig-Co in to grant the special permit requested under Section 1 --1 . ,
Subsection N of the Zoning Bylaws to allow the conversion of a single family dwelling to a 2 family
multi-unit dwelling, and the following conditions: :.
The voting members in favor of the variance: Michael` . Lis,Laura Craig-Comm,James M.
Testa,Matthew J. Ginsburg and Zachary L.
ache
The voting members against the variance: None
Non-voting members present: None
P 'rrrm 2025-005 'age 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
The Chair declared the Board's vote to b -o to GRANT THE SPECIAL
North Andover Zoning Board of Appeals
Michael T. Lis, Chair
Laura Craig-Comin, 'dice Chair
Frank J. Ki l l i 1 a, Clerk
Alexandria . Jacobs,Esq.
James M.`Vesta
Matthew J. Ginsburg,Esq.
Zachary J.Hachey
Melissa Rutherford
Decision 2025- 05
Notes:
l. 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 sand 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 building permit as
required by the Inspector of Buildings.
. Genet-ally, 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.eh. 40A, § 10, and h the
rights authorized by a decision granting a special permit shall be deemed to have lapsed after a
two 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 1 5-
t .' .
THE REMAINDER F THIS PACE INTENTIONALLY LEFT BLAND,
END of DOCUMENT
PETITION - Page f