HomeMy WebLinkAboutDecision - date stamp - Decision - 45 THIRD STREET 6/14/2025 Town of North Andover
ZONING BOARD OF APPEALS
Michael'L.Lis,Chair Town Clerk Time Stamp
Laura Craig-Comin,Vice Chair
Frank J.Ki]Wea,Clerk
Alexandria A.Jacobs,Esq.,
Jaynes M.Testa
AssariateMembers
Matthew J.Ginsburg
Zachary J.Hachey
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:
PRIME BUILDERS/RYAN GRASSO April 18,2025
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PROPERTY: HEARING DATES:
45 Third Street April 8,2025, May 20,2025 and June 10,2025
North Andover,MA 01845
Map 20,Parcel 3 PETITION:
2025-002
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I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant,by application filed April 18, 2025,has requested a Special Permit pursuant to Town of North
Andover Zoning Bylaws, Section 195-4.3.3 for the conversion of an existing dwelling to accommodate
not more than five(5)residential units, in the R-4 Zoning District;specifically,Applicant has requested to
build an addition for two (2)housing units and conversion of an existing single-family dwelling for a total
of three(3)residential units, 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 March 24,2025 and
March 31,2025.
i
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA on
Tuesday, June 10,2025 at 7:30 p,m.with respect to the Property,which is Iocated in the R-4 Zoning
District.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Revised architectural plan of LYFarchitects dated May 27,2025, Sheets G000 through L901;and
(2) Plan of Land of Vineyard Engineering and Environmental Services,Inc. dated May 29,2025,one
sheet.
The Property is located at 45 Third Street in the R-4 Zoning District. The Property is a pre-existing non-
conforming lot. 1
PETITION 2025.002 Page I of
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Town o1"North Andover
ZONING BOARD OF APPEALS
H. I+INDINGS/DIS CUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the
hearings. The Board also notes that among the most significant issues that arose at the hearings was the
character of the neighborhood.
The Board finds that under Section 195-10.7(A)of the Bylaws and as conditioned below,(a)the Property
is an appropriate location for the use,structure, or condition, (b)the use as developed will not adversely
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(e)the use is
in harmony with the general purpose and intent of the Bylaws.
The Board further finds that under Section 195-9.1 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.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit
in order to convert an existing single-family dwelling into three separate units pursuant to the Town of
North Andover Zoning Bylaws Section 195-4.3.3 in the R-4 Zoning District in accordance with the plans,
other materials, and testimony at the public hearings.
III. MOTION VOTE AND DECISION
On June 10,2025 the Board voted to close the public hearing.
A motion was made by Laura Craig-Comin and seconded by Matthew J. Ginsburg to grant the special
permit requested under Section 195-4.3.3 of the Zoning Bylaws to allow the conversion of an existing
single-family dwelling to three(3)residential units, in accordance with(a)the following plans and other
materials:
(1) Revised architectural plan of LYFarchitects dated May 27,2025, Sheets G000 through L901;and
(2) Plan of Land of Vineyard Engineering and Environmental Services,Inc. dated May 29,2025,one
sheet.
The voting members in favor of the Variance: Michael T. Lis,Laura Craig-Comin,James M.
Testa,Matthew J. Ginsburg,Alexandria A.
Jacobs
The voting members against the Variance: None
Non-voting members present: None
PETITION 2025-002 Page 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 SPECIAL PERMIT.
//4- I-Z0611�
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 2025-002
D"WonTempb(e 2019 v1120M)16{pt-2ekan}
Notes:
I. 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 Land 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 a building permit as
required by the Inspector of Buildings,
3. Generally,(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.ch.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 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.
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PETITION 2025-002 Page 3 of 3