HomeMy WebLinkAboutNotice of Decision - recorded - Legal Notice - 123 BRENTWOOD CIRCLE 7/7/2025 Town of North Andover
ZONING BOARD OF APPEALS `
Michael T.Lis,Chair . Town Clerk Time Stamp r,c.i..t;l CID
Laura Craig-Comin,Vice Chair j
Frank J.KiUea,Clerk
Alexandria A.Jacobs,Esq.,
James M.Testa
Axsoaate Members
Matthew J.Ginsburg :_+
Zachary J.Hachey
Melissa Rutherford
This is certify that twenty(20)days
Any appeal shall be filed within twenty Notice of Decision have
t filing of asy_date l decision
days after the date of filing of this notice Calendar Year 2025 Datr3 _�Q` e
in the office of the Town Clerk pursuant Carla[)aw w rren
to Mass. Gen.L. ch. 40A, § 17 Town Clerk
APPLICANT: APPLICATION DATE:
RICHARD BLAIN May 8,2025
PROPERTY: HEARING DATE:
123 Brentwood Circle June 10,2025
North Andover,MA 01845
Map 0064,Parcel 036 PETITION:
2025-007
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed May 8, 2025 has requested a Special Permit pursuant to Town of North
Andover Zoning Bylaws, Section 195-4.2, Part Q, Table 2 for a Family Suite in the R-1 Zoning District;
specifically, Applicant has requested a special permit to construct a family suite attached to an existing
home to be inhabited by family consisting of 1,145 square feet,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 May 23,2025 and
June 2,2025.
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-1 Zoning
District.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Plot Plan from Morceau Construction consisting of one sheet, dated April 10,2025;&.:cd
(2) Plan of Soulveplus consisting of 19 sheets, dated April 8,2025.
The Property is located at 123 Brentwood Circle in the R-1 Zoning District. 'T,ie Property is a pre-
existing non-conforming lot.
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PETITION 2025-007 Page 1 of 3
Town of North Andover
ZONING BOARD OF APPEALS
II. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the
hearing(s). The Board also notes that among the most significant issues that arose at the hearing was the
definition of a family suite versus an ADU.
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 construct a family suite pursuant to the Town of North Andover Zoning Bylaws Section 195-
4.2.,Part Q,Table 2, in the R-1 Zoning District in accordance with the plans, other materials,and
testimony at the public hearing.
M. MOTION,VOTE,AND DECISION
On June 10,2025 the Board voted to close the public hearing.
A motion was made by James M. Testa and seconded by Laura Craig-Comin to grant the special permit
requested under Section 195-4.2.2,Part Q of the Zoning Bylaws to allow the construction of family suite,
in accordance with(a)the following plans and other materials:
(1) Plot Plan from Morceau Construction consisting of one sheet,dated April 10,2025;and
(2) Plan of Soulveplus consisting of 19 sheets,dated April 8,2025.
The voting members in favor of the Variance: Michael T.Lis,Laura Craig-Comin,James M.
Testa,Alexandra A. Jacobs,Frank J.Killilea
The voting members against the Variance: None
Non-voting members present: None
PETITION 2025-«Number» 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 VARIANCE.
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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 2025-007
Decision Template 2019 vl,2 20190314(pk-2clean)
Notes:
1. 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-«Number» Page 3 of 3