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HomeMy WebLinkAboutDecision - 33 THIRD STREET 10/27/2015 Town of North Andover ZONING BOARD OF APPEALS ; 1 V Albert P.Manzi 111,Esq.Chairman NORTH Ellen P.',Iclntyre,Tlice-Chahmall Doug Ludgin OCT 2 7 pil 0 D.Paul Koch Jr.Esq. #_ 38 Allan Cuscia 4 Assodate Members % Deney Morganthal Nathan Weinreich US Alexandria Jacobs Esq. Town Clerk Time Stamp Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2015 notice in the office of the Town Clerk, , per Mass. Gen. L. ch. 40A, §17 Property at: 33-35 Third Street(Map 30 Parcel 21),North Andover,MA 01845 NAME: Jose Resendes HEARING(S): 13 October 2015 ADDRESS: 33-35 Third Street(Map 30, PETITION: 2015-005 (Special Permit) Parcel 21),North Andover, MA 0845 The North Andover Board of Appeals held a public hearing at The Town Hall, at 120 Main Street, North Andover, MA on Tuesday, October 13, 2015 at 7:30 PM on the application of Jose Resendes for property located at 33-35 Third Street (Map 30 Parcel 21), North Andover, MA 01845. Petitioner is requesting a Special Permit for the R-4 Zoning District. Applicant is requesting to turn the existing two (2) family home to a three (3) family home. Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle-Tribune, a newspaper of general circulation in the Town of North Andover, on July 28, 2015 and August 4, 2015. The following regular voting members were present Albert Manzi III, Ellen P. McIntyre, D. Paul Koch Jr, Allan Cuscia and Doug Ludgin. Associate members present Deney Morganthal and Nathan Weinreich. Ellen McIntyre made a motion to GRANT the Special Permit at 33-35 Third Street under Section(s) 4.122B and 4.122D in the R-4 District of the Town of North Andover Zoning Bylaws. Applicant is requesting to turn the existing two (2) family home to a three (3) family home. Allan Cuscia seconded the motion Those in favor to Grant the Special Permit: D.Paul Koch Jr. Those not in favor; Ellen P. McIntyre, Albert Manzi III,Douglas Ludgin and Allan Cuscia By a motion of 1 in favor and 4 against the motion were defeated The Board finds that the Special Permit for the petition of Jose Resendes, located at 33- 35 Third Street received one vote in favor to grant the Special Permit and four votes in Page 1 of 2 opposition, and that the application did not receive the required Supermajority of four votes to grant the Special Permit. The grounds for Denial were because the petitioner did not satisfy the required circumstances pursuant to petition filed, and that the Petitioner did not satisfy the provisions under Section(s) 4.12213 and 4.122D in the R-4 District of the Town of North Andover Zoning Bylaws, and that such a change, or extension or alteration would adversely affect the neighborhood. The Board finds that the petition for Jose Resendes, located at 33-35 Third Street did not receive the required supermajority of four votes, so the Special Permit was denied. No Andover Zo ing Board of Appeals Albert Manzi III, Esq. Chairperson Ellen P. McIntyre, Vice Chairperson D. Paul Koch Jr.Esq. Allan Cuscia Doug Ludgin Decision 2015-005 (Special Permit) Page 2 of 2