HomeMy WebLinkAboutDecision - date stamped - Decision - 30 WENTWORTH AVENUE 5/27/2025 Town of North Andover
ZONING BOARD OF APPEALS
Michell'.Lis,Chair Town Clcrk'fime Stamp
Laura Crai om in V
-Cice Chair
9
rant k J.K i I lilea,Clerk
A le xa n d ria A.Jacobs,Est
James M.Testa
A sio date Mtzribers
Matthew .Ginsburg
Zacharyj.Hachey
Melissa Ruthef ford
Any appeal shall be filed within tW'cnty Notice of Decision
days after the date of filing of t1iisn0fice Calendar Year 2025
in the office of the Town Clerk pu rrsuant
to Mass. Gen. L. ch.40A, § 17
APPLICANT:
APPLICATION DATE,
CHARLES PARSONS
April 24,2025
PROPERTY:
HEARING DATE:
30 Wentworth Avenue May 20,2025
North Andover, MA 0 1845
Map 067.0 Parcel 0003 PETITION:
2025-004
1, PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed AP! ril 24, 2025, has requested a Variance pursuant to Town of North
Andover Zoning Bylaws, Section 4 9 5- .3, Section S Table 2 for a rear setback and a side setback in the
R-4 Zoning District; specifically, Applicant has requested a rear setback needing a relief variance of 24.0
feet and a side setback needing a Belie f variance of 13.0 feet for the purchase of construction a shed with
respect to the Property.
The Applicant requires a hearing efore the North Andover Zoning Board of Appeals ("Board"), and due
notice of the hearing was given y mailing and publication. Legal notices were sent to all certified
abutters provided by the Assesso?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 May 5, 2025 and
May 12, 2025.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA on
Tuesday, May 20, 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 V%ere submitted with the Application or at the p ub]ic hearing:
(1) Plan of Land dated July 6,2022 hand sketched.
The Property is located at 30 Wentworth Avenue in the R-4 Zoning District. The Property is a pre-
existing non confinning lot.
PETITION 2025-004 Page 1of3
Town of Andover
ZONING BOARD of APPEALS
11, FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submit •
submitted and the information presented at the hearing,
The Board also notes that among the most significant issues that arose at the hearing were the setbacks
requested.
ted.
The Board finds that owing to circumstances relating to soil conditions shape, or topography of the land
or structures and especially affecting such land or structures but not affecting enerally thezoning district
in general, a literal enforcement of the provisions of the Bylaws will involve y substantial hardship,
financial or otherwise,to Applicant, and that desirable relief may be ranted without substantial `
y t al detriment
to the public good and without nullifying or substantiallyderogating from the intent or
Bylaws,
roc of the
Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested variance rrc in
order to construct a shed pursuant to the Town ofNor h Andover Zoning Bylaws Section 9 - . ,Section
S in the R-4 Zoning District in accordance with the plans, other material and testimony l� � t mny at the public
hearing.
Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested Variance in
order to construct a shed pursuant to the Town ofNorth Andover Zoning Bylaws Section 9 - . , Section
S in the R-4 Zoning District in accordance ri le the plans, other materials and testimony at the public
hearing.
11. MOTION, o AND DECISION
n May 20,2025 the Board voted to close the public hearing.
A motion was jade by Laura Craig-Corwin to grant the variance requested under Section 195-4.3, Section
S of the Zoning Bylaws to allow the rear and side setback, in accordance with the following plans and
other materials*
(1) Plan of Baud dated July 6,2022 by Jon Abagis&Associates, Professional Land Surveyors.
The voting members in favor f t 'he ar lance: Michael T. Lis, f,au�• ��aig-Coin in,.�arr�e M.
Testa, Matthew J. Ginsburg and Zachary' .
achey
The voting members against the'variance: None
Non-voting members present; Nome
PETITION -0 4 Page 2 of
Town of North Andover
ZONING BOARD of APPEALS
The Chair declared the Board's Grote to be -o to GRANT THE
North Andover over Zoning Bourg of Appeals
Michael T. Lis, Chair
Laura Craig-Corwin, Vice Char
Frank J. Killilea, Clerk
Alexandria A.Jacobs Esq.
Jaynes M.Testa
Matthew J. Ginsburg, Esq.
Zachary J. Hachey
Melissa Rutherford
Decision 2025-004
Not s:
I A decision granting;a variance or a special permit shall not be 1n effect until a cellifled c of
the iior� �s recorded �
t 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 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. eh. 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 Se th 1 -
10. .
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PETITION - 04Page 3 of 3