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Home My WebLink AboutNotice of Decision - recorded - Decision - 45 THIRD STREET 7/24/2025 Bk 18338_ Pg14 # 2319 Town of North Andover 0 7—2 3 2�-_� @ 12 : 18p ZONING BOARD OF APPEALS -,.! Michael T,Lis,Chair , Town ClerkMme Stamp Laura Craig-Comin,Vice Chair Frank J.K,illnea,Clerk Alexandria A.Jacobs,Esq., J=r s M.Testa _ ASfOAtaICMlA76eri• C-- f- Matthew J.Ginsburg '. Zachary J.Hachey Melissa Rutherford Thid Any appeal shall be filed within twentyNotice of Decision have is certify that f'date f de days have elapsed ft'cm date of decision v days after the date of filing of this notice Calendar Year 2025 Without filing of an a peal. o in the office of the Town Clerk pursuant Date�� al .1o. to Mass. Gen. L.ch.40A,§ 17 Town c�� o APPLICANT: APPLICATION DATE: Z PRUVM BUILDERSIRYAN GRASSO April 18,2025 a PROPERTY: HEARING DATES: 45 Third Street April 9,2025,May 20,2025 and Juno 10,2025 North Andover,MA 01845 H Map 20,Parcel 3 PETITION: Deed Reference: Book 18184, Page 35 2025-002 L 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 pan 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. 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 located 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 LYl'architects dated May 27,2025, Sheets 0000 through L901;and (2) flan of Land of Vineyard Engineering and Environmental Services,1no.dated May 29,2025,one sheet. The Property is located at 45 Third Street in the R-4 Zoning District, The Vropony is a pre-existing non- conforming lot. ATTrsT. A True Cagy U PEIMON 2025-002 Town Clerk page l of3 Bk 18338 Pg15 #12319 Town of North Andover ZONING BOARD OF APPEALS H. FINDMGS/DISCUSSION/CONDMONS 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 1954.3.3 in the R4 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$ervices,Inc.dated May 29,2025, one sheet. The voting members in favor of-the Variance: Michael T.Lis,Laura Craig-Cowin,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 of3 Bk 18338 ,Pg16 #12319 Town of Noah Andover ZONING BOARD OF APPEALS The Chair declared the Board's vote to be 5-0 to GRANT THE SPECIAL PERMff. North Andover Zoning Board of Appeals Michael T.Lis,Chair Laura Craig-Comm,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 DecWMT,M*c 2019 r13 20190314(pk•7ak+a) 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. THE REMAINDER OF THIS PAGE M'EN'FIONALLY LEFT BLANK END OF DOCUMENT PETMON2025-002 M. PAUL 13WCgrLLO, REGISTER ESSEX NORTH REGISTRY OF DEEDS E—RECORDED