HomeMy WebLinkAboutDenial - Denial - 45 THIRD STREET 3/4/2025 Zoning Bylaw Denial Form
Town of North Andover Building Department
120 Main Street
North Andover,MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: 45 Third Street
Map/Lot: 020.0 -0003
Applicant: Ryan Grasso
Request: Special Permit
Date: 3/4/2025
Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning
Bylaw reasons:
Zoning
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed G Conti uous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 1 Complies
4 Special Permit Required X 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexisting setbacks 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed 4 Insufficient Information
2 In Watershed J Sign
3 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parkin
1 In District review required 1 More Parking Required
2 Not in district 2 Parking Complies
3 Insufficient Information 3 Insufficient Information
4 Pre-existing Parkin
Remedy for the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit Setback
Access other than Frontage Special Permit Parkin
Frontage Exception Lot Special Permit Lot Area
Common Driveway Special Permit Height
Con re ate Housing Special Permit I Sign
Continuing Care Retirement Special Permit Contiguous Building Area
Independent Elderly Housing Special Permit Special Permits Zoning Board
Large Estate Condo Special Permit B-4 Special Permit Conversion to Multi Family
Planned Development District Special Permit Earth Removal Special Permit ZBA
Planned Residential Special Permit Special Permit Use not Listed but Similar
R-6 DensitV Special Permit I Special Permit for Sign
Watershed Special Permit Special permit for preexisting nonconforming
Frontage
Plan Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side:
Item: Reasons for
Refer
ence
B-4 195-4.3.3
The conversion of an existing dwelling to accommodate not more than five residential units,by special permit from the Zoning
Board of Appeals in accordance with§ 195-10.7 of this bylaw and Subsection N(4)of this section.
4)(a)The Zoning Board of Appeals may approve a special permit for a proposed use of a building,dwelling or structure provided by Subsection
N(I)(b), (2) or (3) upon finding that the application complies with the purposes of this bylaw and is consistent with the use of the site for the
purpose permitted within the Residential 4 District. In making its decision, the Zoning Board shall consider the following criteria in addition to
those listed in§ 195-10.7A:
[1]Consistency with the North Andover Master Plan.
[2]The degree to which the proposed use furthers the Town's interest in providing a range of housing types,where applicable.
[3]The degree to which the application addresses the following design standards:
[a] Achieve compatibility with the established pattern of uses in the district.The Residential 4 District consists primarily of single-family dwellings
near the Stevens Memorial Library Area and off of Massachusetts Avenue,and more compact neighborhoods with a mix of residential uses toward
Waverly Road.New construction or substantial alteration of buildings must complement and reinforce the design features of these neighborhoods.
[b]Achieve design compatibility with architectural features and exterior materials of surrounding structures.
[c] Preserve existing structures of historic value. Buildings, dwellings or structures listed on the National Register of Historic Places or the State
Register, and which are more than 50 years old as of the date of application for a special permit, may be converted, constructed, reconstructed,
restored or altered only in a manner that maintains or promotes their status as listed or eligible historic resources. For purposes of zoning
compliance, additions or alterations that adhere to the United States Secretary of the Interior's Standards for the Treatment of Historic Properties
will generally be presumed to maintain or promote such status.
[d]Preserve established,mature vegetation.
(b)The right to apply for a special permit to convert an existing dwelling shall extend to any dwelling to be converted for use as a dwelling of not
more than five residential units,and meeting all requirements of the state and Town statutes and bylaws,including the health codes,building codes,
zoning laws and zoning bylaws.Proof of ownership must be supplied with the application.
The Zoning Board of Appeals may approve a special permit for a proposed building use if it complies with the bylaw's purposes and the Residential
4 District's permitted uses. The Board will consider the North Andover Master Plan, the town's interest in providing diverse housing types, and
design standards such as compatibility with existing neighborhoods,architectural features,and historic preservation.The right to apply for a special
permit extends to dwellings converted into no more than five units,meetingall state and town requirements.
The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on
verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any
inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be
voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated
herein by reference. The building department will retain all plans and documentation for the above file.You must file a new permit application form and
begin the permitting process.
_3/3/2025 _ 3/4/2025 _
Building Department Official Signature Application Received Application Denied
Denial Sent: 3/4/2025 If Faxed Phone Number/Date:
Referred To:
Fire X Health
Police X Zoning Board
X Conservation Department of Public Works
X Planning Historical Commission
Other X Building Department