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Home My WebLink AboutDecision - Recorded - Decision - 19 SURREY DRIVE 10/6/2025 T"A t,7 X. 'Town ot Nol*+,.h A�idio"ver � � w�. ZUONING BOARD " "O"TEALS Michael T.Lis,Chair Town Clerk Time Stamp, %��, Laura Craig-Comin,Vice Chair Frank J.Kill"lea,Clerk Alexandria A.Jacobs,Esq., James M.Testa Assodate Members Matthew J.Ginsburg Zachary J.Hach Melissa Rutherford Tl*s isi ce�ti4jy inat twenty(20)days Any i ion eii�jpsi�-d,�.ronl(late of decision appeal shall be filed within twenty Notice of Dec*s,* without I'liling of ail a peal. days,after the date of filing of this notice Calendar Year 2025 �1 1 0 in the office of the Town Clerk pursuant C-orla Dawne Warren C to Mass., Gen.L. ch. 40A, § 17 Town lerk APPLICANT. APPLICATION DATE* RACHEL AND BRANDON JAMES August 7,2025 fi I. PROPERTY* HEARING DATE. 19 urre Septeinber 9,2025 Sy D rive North Andover,MA 0 1845 PETITION# Map 074,Paxicel 0046 2025-01jI L PROCEDURAL HISTORY AND STATEMEENT OF FACTS Applicant, by application filed August 7, 2025,, has requested a Vanance pursuant to Town of North the R * Ditri Andover Zoning Bylaws, Section 195-7.3,Table 2 for one side setback 1 n -4 Zonm g s ct for * the purposes of constructing a 14 3O foot garage in the R-4 Zoning istr%ct� specifically, Appl cant has requested a side setback needing a re of variance of 12 feet with respect to the Property. d of Appeals ("Board"'), and due The Applicant requires a hearing,before the North Andover Zoning,Boar notice of the heafing was given by mailing, and publication. Legal notices were sent'to all cerfified an Th d were published abutters Provided by the Assessor's Office of the Town of North Andover c riculation in the Town of North Andover, on August 25, 2025 Eagle-Tribune, a newspaper of general 1 and September 1,2025. The Board held a 0 public hear-Ing at N rth Andover Town Hall, 120 Ma n Street,North Andover MA on Ing Tuesday,September 9,2025 at 7:30 P.M.with respect to the Property,which is located in the R-4 Zon District, M90 fitted with the Appfication or at the public hear 0 0 The following,plans and exhibits were s,ubmi oup.( - 's y ' ' - iviI Design Gi 1) Site Plan dated August 7,2025 by DI11 I &Ro C is a pre-existing no,n- I strict. The Yfopeity, ng�-D stri The Property is located at 19 Surrey Drive in the R-4 Zon- 1 contorming lot. N C ro ATIrtic Copy fit lu"* Y, "kth Page I of 3 PETITION 2024-<<Number>> Town ot'No,rth Andover ZONING BOARD OF APPEALS 110 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 setback requested. 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 in. order to construct a 1400 foot garage pursuant to the Town of North Andover Zoning Bylaw s Section District dance with the plan, other material, and test' the imony at 195-7.3, in the R-4 Zoning district in accordance I er public hearing, 1H. MOTION,VOTE,AND DECISION On September 9,2025 the Board voted to close the public hearing. M' ' A motion was made by Frank J. Killilea and seconded by Laura Cra*g-Com to grant the variance requested under Section 195-7.3 of the Zoning Bylaws to allow the side setback in accordance with the following plans and other materials: (1) Site Plan dated August 7,2025 by Dillis&Roy Civil Design Group. The voting members 'in favor of the Variance-.0 Michael T.Lis,Laura Craig-Comin,Frank J. Killilea,James M.Testa and Alexandra A. Jacobs The voting members against the Variance,., None Matthew J. Ginsburg and Melissa Rutherford Non-voting members present: Page 2 of 3 PETITION 2025-010 Town ofrth Andover ZONING BOARD OF APPEALS d. The Chair declared the Board's vote to be 5-0 to GRANT THE VARLANCE, North Andover Zoning Board of Appeals Michael T.Lis,Chair Laura Craig-Comin Vice Chair Frank J.Killiflea, Clerk Alexandria A. Jacobs,Esq. James M. Testa Matthew J. Ginsburg,Esq. Zachary J.Hachey Melissa Rutherford Decision 2025-010 Dcdsion Template 2019 v 1.2 20190314(pk-2cican) Notes: 1. A decision granting a variance or a special permit shall not be in effect until a certified copy of 0 the decision is recorded at the Essex County Registry of Deeds,Northern District at Applicanfs 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 whin i in ft one�1�y ear of the date,of the grant then such nights shall lapse and may be re-establ'shed a it notice and a new hearing pursuant to the provis ions 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- I O�.7. THE REMAINDER OF'THIS PAGE INTE14TIONALLY LEFT BLANK END OF DOCUMENT gtl f. Page 3 of 3 PETITION 2025-010 G RECEIPT Printed: October 6, 2 25 @ 10 T 22 Essex NorthReg�istry M. Paul Tannucci 1 l o J Register a Trans# 12652 per^: E 'TNZ a CASH r Book: 1 4 2 Page:e Tryst##: 17332 t 1#: 49 Leo.-10- -2025 @ J, :22 04 . NAND 19 SURREYR f D C DESCRIPTION TRANS ArMT -ham+- --------- --------- NOTICE Surcharge CPA $ 0.00 50.00 a 50.00 record ig fee 5 .0 5.00 TECH FEE 5.00 Total fees; 5. � Total dares, 15. 0 CASH PANT PAYMENT -CASH 105.00