HomeMy WebLinkAboutDecision - recorded - Decision - 30 WENTWORTH AVENUE 6/20/2025 Town of North Andover
ZONING BOARD of A.PPE
.A►.XJS -
Michael T.Lis,Chair r i�
Town Clerk Time Sump .j
Laura Craig-C omu�,Vice Chair ,-
Frank J.KitWea,Clerk
Alexandria A. acobs;Esq.
James M.Testa {
Assmate Members
Matthew
J.Ginsburg
Zacharyj.Hache '
Melissa Rutherford =This is certify that twenty(20)days
Any appeal shall be flied within enty Notice of Decisioxi have elapsed from date of decision
days after the date of filing of this once Calendar ''ear 2025 Without filing ofa appealD
` Date 6
in the office of the Town Clerk pursuant Carla Dawne Mrren
to Mass. Gen. L. ch. 40A, § 17 . gown Clerk
A '' .►ZCAXT: j APPLICATION DATE.
C3ARLES PARSONS i April 24,2025
PROPERTY: HEARING DATE:
30 Wentworth Avenue May 20,2025
North Andover,MA 01845 `
Map 067,0 Parcel 0003 PETITION:
2025•-004
... is _ ...�;+ti....s f.w r I.s,;..,'ai' _s .::?"" ..'.,i•r, i,.Fe..as....CM;'
:.. .._..? a...i ,.....E-., ,;. .f�`Y •� �_µ; • . t ii_,�: .5� r{ ii... P..""F.It,.Yx
.. 1i is :.. "�.
PROCEDURAL HISTORY �j
A.N�D STAT�N�NT o.s.` `ACTS �� , . ....;I .
Applicant, by application filed A ril 24, 2025, has requested. a variance pursuant to Town of North
Andover Zoning Bylaws, Section 1 95-4.3, Section S 'Fable 2 for a rear setback and a side setback in the
R-4 honing District; specifically,Applicant has requested a rear setback needing a relief variance of 24.0
feet and a side setback needing a relief variance of 13.0 feet for the purchase of construction a shed with
respect to the Property,
The Applicant requires a hearing before the Noah Andover ZoningBoard 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 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 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 7:3 0 1 rn, with respect to the Property, which is,located 1 t - .p n he R 4 Zoning
District. I
The following plans and exhibits Were submitted with the Application or at the public hearing:
[1] Plan of Land dated July 6,2022 hand sketched.
The Property is located at 30 We orth Avenue in the R-4 Zoning District, The Property is a pre-
existing non confi ring lot.
1yf�-�
ATTEST.
A True Copy
PETITION 2025-004 Town ler Page t of
g 3
Town of North Andover
ZONING BOARD OF APPEALS
!L,-.-..FMINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials 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,
The Board finds that owing to circumstances relating to soil conditions shape, or topography
r p � of the land
o structures and especially affecting such land or structures but not'affecting generallythe zoning district
in general, a literal e • ` � g 'hip,
g enforcement of the provisions of the Bylaws will in:�olve substantial hard 'hl
financial or otherwise,to Applicant, and that desirable ble relief-may be granted Without substantial detriment
to the public good and without nullifying or substantially derogatingfrom the intent or purpose of the
Bylaws,
p �
Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested variance in
order to construct a shed pursuant � �s ant to the Town of North Andover Zoning Byla�rs Section l 95-4.3,Section
S in the R-4 Zoning District in accordance with the plans, other materials, and testimony 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 of North Andover Zoning Bylaws Section 195-4.3 Section
S in the Rw4 Zoning District in accordance with the plans, other materials, and test" onY at the public
hearing,
IM
lam. MOTION VOTE AND DECISION
On May 20,2025 the Board voted to close the public hearing,
A.motion was made by Laura Craig-Comin 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 Land dated July 6,2022 by John Abagis&Associates,Professional Land Surveyors.
The voting members in favor of the Variance: Michael T.Lis,Laura Craig-Comin,James M.
Testa,Matthew I Ginsburg and Zachary L.
Hachey
The voting members against the Variance: None
Non-voting members present: None
ATTEST.
A True Copy
PETITION 2025-004 'T`uwu Clerk Page 2 0f 3
Tows, of North Andover
ZONING. BOARD of APPEAI..S
The Chair declared the Board's vote to be 5-0 to
ORANT THE VARIANCE,
North Andover zoning Board of Appeals
Michael T.Lis,Chair
Laura Craig-Comin,vice Chair
Vrank J.Rillilea,Clerk
Alexandria A.Jacobs,Esq.
James M.Testa
Matthew J. Ginsburg,Esq.
Zachary J.Hachey
Melissa Rutherford
Decision 2025.004
Notes;
l. 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 A lican pp is
expense. Further provided that if the Property.is registered land,then a certified co of the
Land Court
decision shall also be filed with the copy
.
2. A decision granting a variance or special permit as requested b Applicant does not necessaril
� . y pp : y
ensure the
granting of a building permit because.Applicant must abide.by a 1,applicable local,
state,and federal building codes and regulations prior to the issuance of a buildingpermit 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 m4.y 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-
1 0.I.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLAND
END OF DOCUMENT
A.TTLSTI
A True Copy
Town Cleric
PETITION 2025-004 Page 3 of 3
i g
S
RECEIPT
Printed: June 20; 2025 @ 9:55:25
Essex North Registry
M. Paul Iannuccillo
Register
Trans#: 7395 Oper:LRRECJON
CASH
Book: 15309 Page: 279 Inst#: 1002E
Ctl#: 58 Rec:6--20-2025 0 9:55:25a
NANO 30 WENTWORTH AIDE
DOC DESCRIPTION TRANS AMT
DECISION
Surcharge CPA $50.00 50.00
50.00 recording fee 50.00
5.00 TECH FEE 5.00
Total fees: 105.00
Total charges: 105.00
CASH PMT PAYMENT CASH 105.00