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HomeMy WebLinkAboutDate stamped Decision - Decision - 288 STILES STREET 6/13/2025 Town of North Andover ZONIN G BOARD OF APPEALS :. Michael T.his,Chair Town Clerk Time Stamp Laura Crai Comin,Vice Chair 19- Frank J.Klflea,Ork Alexandra A.Jacobs,Esq, James M.Testa Assodwe Members Matthew j.Ginsburg Zacharyj.HaiQh-qy MeEssa Rutherford Any appeal shall be filed within twenty Notice of Decision days after the date of filing of this n6fice Calendar Year 2025 in the officie of the Town Clerk pursuant to Mass. Gen.L. ch. 40A, § 17 [ "PLICAW: APPLICATION DATE.� A PT.T GALE PAGE Apri.1 24,2025 PROP E RTY. :SARI DATE, 288 Stiles Street May.20,2025 and June 10,2025 North Andover,MA 0 1845 Map 0107,Parcels D-0022-0000 PETITION: 2025-006 1. PROCEDURAL HISTORY AND STATEMEN' OF FACTS Applicant by application filed April 24, 2025 has requested a Special Permit pursuant to Town of North An over Zoning Bylaws, Section 195-2.3 for a dog kennel in the R-2 Zoning District; peep ffical ly� Applicant has requested to open a dog kennel 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 "n The Eagle-Tribune.,a newspaper of general circulation in the Town of North Andover, on May 5, 2025 and May 21,202 5 T4e Board held a public hearing at North Andover Town all, 120 Main Street,North Andover,MA on Tuesday, hire 10,2025 at 7 3 0 p.m.with respect to the Property,which is boated in the R-2 Zoning District. -H, FWDINGS/DISCUSSIONXONDMONS The apP lie 4nt asked to withdraw without prejudice,the Board voted on it and agreed to withdraw the Applicatioii without prejudice. ][IL MOTION,VOTE, AND DECISION A motion was made by Laura Craig-Comin and seconded by James M. Testa to accept the withdrawal without prejudice, dated June 3,2025. PETITION 2024-<<NuWbcr>> Page I of 2 Town of North Andover ZONING BOARD of APPEALS The voting members in favor of the Withdrawal: Mi ael � ` . ,Laura Craig-comin,James M. Testa,Alexandra A. Jacobs,Frank J.Kil flea The voting members against the withdrawal: None Non-voting members present: None The Chair declared theBoard's vote to.be 5--0 to GRAN' _ WITHDRAWAL WITHOUT REJUDC : North Andover Zoning Board of Appeals Michael T.Lis,Chair Laura Craig-Comin,Vice Chair `rank L Killilea, Clerk Alexandria A. Jacobs,Esq. James M.Testa Matthew J. Ginsburg,Esq., Zachary J.Hahey Melissa Rutherford decision 0 DmWou TerhqWe2GI9v1.2201S03a4([k-2okjn) Notes; 1. A.decision granting a variance or a peeial permit shall not be in effect until a certified copy of the-decision is recorded at the Essex Counter Re.gistry of Deeds,Nofthern District at Applicants 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 avariance or special per it as requested by Applicant does not ne essar'I ensure the granting of a building perm it because Appl-eant must abide by all applicable local, state, and federal building codes and regulations priorlo the issuance of a building pernfit s required by the Inspector of Buildings. . Generally, a)if the rights authorized by a decision-granting a variance are not exercised within one(1)y the date of the ant then gr such rights-shall lapse and may be re-established after notice and a new hearing pursuant to the provisions of Mass. Gen. L. oh.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 -one the date of the grant unless substantial use r construction hasr commenced pursuant to the provisions of Town of North Andover Zoning Bylaws Section 5- 1 o. r THE R13MAINDER of TIES PACE INTENTIONALLY 'L BLANK END am*DOCUMENT 3 i i