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HomeMy WebLinkAboutDecision - recorded - Decision - 180 HIGH STREET 6/18/2025 TOWn Of oh Andover = rk� ZONING BOARD OF APPEALS Mchael T.Lis,Char "own Clerk Time Stamp Laura Craig--Cow Vice Chi: Alexandria A.Jacobs, � u�E . � g �?bx a na �U r �m »,r� ur n~ �� vll" � a T kx James M.Testa a " +ss da 1/Mwbe s ,r „ m,'r" " t P .,o Matthewj.Ginsburg Zachary J.Hachc Melissa.Rutherford �+ ► Decision This is oe if that t,e An earl shall e filed within twee r have elapsed from cj,o, days after the date of filffig of this noti*ce Calendar Year 2025 without filing of Ila al. in the office of the"pecan Clerk plursuant Dato _� CarlaDawne''►�"�Ii,rsW� Mass, Gen. Town dark rr APPLICANA APPLICATION DATE. S EPH S OUZA April 24,2025 PROPERTY HEARING DATE. o High Street May 20,2025' North Andover,MA Q 1845 Map oo 3,Parcel 0011 PETITION. 2025- o5 . PROCEDURAL IIISTORY AND STATEMIENT of FACTS Applicant,by applleatlon.filed A.prll 24,2025,has requested a Special;Permit pursuant to Yawn of North Andover Zoning Bylaws,aws Section 195-107, Subsection N 4 to convert a.Single family dwelling into a 2- family multi-unit,wan 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 1y the ,Assessor's Office of the 'gown of North Andover and were published in The Eagle-Tribune, a newspaper of general circulation in the Town of North Andover, on May 5, 20,25 and May 12,2025. The Board held a.public hearing at North Andover Town Hall, 120Main Street,North Andover, 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 Application or at the public bearing: (1) None The Property is located at 180 Thigh Street in the R-4 Zoning District, The Property's a pre-existing non confirming lot. IVIT E S .. 'r1,1 em; %"s ,pwb vk rr•. Tows. of North Andover ZONING BOARD of APPEALS III, FMING SJD IS C rS SION/C ONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearing. The Board also notes that among the most significant issues that arose at the hearing parking was arkin at the dwelling. The Board finds that under Section 195-10.7(A) of the Bylaws and as conditioned below, (a)the Property rty is an appropriate location for the use, structure, or condition, (b) the use as developed will not adversely y 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 a the use is in harniony with the general purpose and intent of the Bylaws. The Board further finds that under Section 19.5-9.1 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-Familymulti-unit dwelling pursuant to the g Town of North Andover.Zoning Bylaws Section 195-10.7, Subsection N 4 in, the R-4 Zoning District in � � g accordance with the plans,other materials, and testimony at the public hearing(s). JR. MOTION VoTE .Al`TI3 DECISION On May 20,2025 the Board voted to close the public hearing. A motion was made by Laura Craig-Cotnin to grant the special permit requested under Section .195--10.7, Subsection N(4) 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'T.Lis,Laura Craig-Comin,James M. Testa.,Matthew J. Ginsburg and.Zachary L. Hachey The voting members against the variance; None Nora-voting members present: None PETITION 2025-005 pale 2 Of 3 Town of North Andover ZONING BOARD OF APPEALS The Chair declared the Board's vote to be 5-0 to GRANT THE SPE CZAL PERMT. North Andover Zoning Board of Appeals Michael T.Lis, Chair Laura Craig-Comin;Vice Chair Frank J.Killilea, Clerk Alexandria A. Jacobs,Esq. James M. Testa Matthew J. Ginsburg,Esq. Zachary J:Hachey Melissa Rutherford Decision 2025-005 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 s act at Applicant's expense. Further provided that if the property is registered land,then a certified co of the Court. decision shall also be filed with the Land pY 2. A decision granting a variance or especial permit as requested b Applicant doe i . .. � y pp s not necessarily ensure the granting of.a building permit because Applicant must abide b all a' licable local state and federal building .. y � pp R ' codes and regulations prior to the issuance of a bufldin:g pern it as required by the Inspector of Buildings. 3. Generally, (a) if the rights authorized by a decision grantinga variance are not exercised within in one(1)year of the date of the grant then such rights shall lapse and may be re-established after y notice and a new hearing pursuant to the provisions of Mass,. Gen.L.ch.40A+/ 10 and b the R R R R 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.. THE REMAINDER.OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2025-005 Page 3 of 3 RECEIPT Printed. June 18, 2025 10:36:35 Essex North Registry M. Paul Iannuccillo Register Trans##: 7292 0per:KEVINZ SOUZA Book: 18308 Page: 61 Inst#: 9900 ct #: 31 Rec:6-18-2025 @ 10:36:3aa NAND 180 HIGH ST DOC DESCRIPTION TRANS AMT DECISION Surcharge CPA $50,00 50.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees. 05.DC Total charges: 105.00 iD5.0C] CHECK PM 3275 3