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
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James M.Testa
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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
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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.
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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
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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
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Town of North Andover.Zoning Bylaws Section 195-10.7, Subsection N 4 in, the R-4 Zoning District in
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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
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