HomeMy WebLinkAboutNotice of Decision - recorded A
Town of Norig L a n d u i-t. Re
- -over
ZONING BOARD OF APPEALS
Micbael T.Lis,Chair
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Laura Craig-Comin,Vice Chair Town Clerk Time Stamp JJ C,
Frank J.Killilea,Clerk
Alexandria A.Jacobs,Esq.,
James M.Testa
Associate Members
MattheWJ.Ginsburg
Zachary j.Hachey
Melissa Rutherford
Any appeal shall be filed within twenty Notice of Decision This is certify that twenty(20)days
days after the date of filing Of this notice Calendar Year 2025 have elapsed from date of decision
in the office of the Town Clerk pursuant without filing appeal.
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to Mass. Gen. L.ch.40A, § 17 Car w
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own Clerk
APPLICANT:
JOT APPLICATION DATE:
APPLICANT:
BIONDI June 10,2025
PROPERTY: HEARING DATE:
326 Forest Street,North Andover July 8, 2025
North Andover,MA 01845
Map 106.1 Parcel 0013 PETITION:
2025-008
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed June 10, 2025, has requested a Variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-7.3, Table 2 for one side set back in the R1 Zoning District for the
purpose of constructing a sunroom, specifically, Applicant has requested a side set back needing a relief
variance of 10.7 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 June 23,2025 and
June 30,2025.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday,July 8,2025 at 7:3 0 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:
(a) A plot plan dated May 21,2025 by Andover Consultants,Inc.; and
(b) One sheet prepared by Four Seasons Solar Products,Inc.,which is undated.
The Property is located at 326 Forest Street in the R-4 Zoning District. The Property is a pre-existing non
confirming lot.
ATTEST:
A True Copy
UyL- •<�
Town Clerk
PETITION 2025-008
Pagel of
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.
The Board also notes that among the most significant issues that arose at the hearing are the size of the
variance.
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 generally the zoning district
in general, a literal enforcement of the provisions of the Bylaws will involve substantial hardship,
financial or otherwise,to Applicant, and that desirable relief may be granted without substantial detriment
to the public good and without nullifying or substantially derogating from the intent or purpose of the
Bylaws.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested variance(s)in
order to construct a sunroom pursuant to the Town of North Andover Zoning Bylaws Section 195-7.3,
Table 2 in the R-1 Zoning District in accordance with the plans, other materials, and testimony at the
public hearing.
III. MOTION VOTE AND DECISION
On July 8,2025,the Board voted to close the public hearing.
A motion was made by Frank J.Killilea and seconded by James M.Testa to grant the variance requested
under Section 195-7.3, Table 2 of the Zoning Bylaws to allow the construction of a sunroom, in
accordance with the following plans and other materials:
(a) A plot plan dated May 21,2025 by Andover Consultants,Inc.; and
(b) One sheet prepared by Four Seasons Solar Products,Inc.,which is undated.
The voting members in favor of the Variance: Michael T.Lis,James M. Testa,Alexander A.
Jacobs and Frank J.Killilea and Matthew J.
Ginsburg
The voting members against the Variance: None
Non-voting members present: Laura Craig-Comin and Melissa Rutherford
The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
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 2025-009
PETITION 2025-008 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
END OF DOCUMENT
PETITION 2025-008 Page 3 of 3
i
I ,
RECEIPT
Printed: August 7, 2025 ® 10:34:52
Essex North Land Court Registry
M. Paul Iannuccilio, Register
Trans#: 9760 Oper:KELLYD
MARK BIONDI
Doc#: 131763
Ctl#: 50 Reo:8-07-2025 5 10:34:45a
NAND
DOC DESCRIPTION TRANS AMT
1 BIONDI, MARK
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
CHECK PM 10658 105.00