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down of North Andover
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ZONING BOARD OF APPEALS
Michael T.Li Chair
Town Clerk Time Scam
Laura CramComin,Vice Chair
"rank Ki1filea,Clerk
AlexAndr a Aga of s,Esq.,
James M `eta
Agoi d
d Matthdw .Ginsburg
Zachary J.Hat'hey
I'" el ssa Riither or
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Any appeal shall be filed within twenty Nonce of Decision
days after the date of filing of th's notl e Ca
lendar ar Year 2025
}}w in the office..of the Town Clerk pursuant
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to Mass, Gen. L. ch. 4 ►., 17
APPLICANT:
APPLICATION DATE.
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RACHEL AND BRAND ON JA S August 7,2025
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IIEARIN
G DATE
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19 Surrey Drive September 9,2 25;
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North Andover,MA 01845
Map 074,Parcel O046 PETITION:
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1. PROCEDURAL STORY AND STATE ME NT OF FACTS
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Applicant, by a ppl"c tlon filed August 7, � , requested . .
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has aran+ce �s to �` of North
Andover Zoning Bylaws, Section 5-7.3,Table 2 for one side set
baek in tho'R-4 Zoning District for
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the purposes of constructing a 14x�0 foot garage In the R-4 Zoning District- specifically, Applicant
has requested a.side setback needi, a re *ef"variance o 2 feet respect to the grope .
The Applicant re+ a res a hearing before the North Andover Zoning Boar"d of Appeals ("Board"),, and due
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notice of the hearing was given by mailing and publication. Legal hotices were sent_to all certified
.butters provided by the Assessor' Office of the Town of North Andover..and were published � Th e
El agle-Tri une, a newspaper of general circulation in the Town of North Andover, on August 25, 2025
and eptetnber 1; 025.
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The:hoard held a public hearing at Forth Andover, `own Hall, 1.20 Main,'Street,North Andover,MA on
Tuesday, September 9,2025, at 7:30 p.m.with respect to the Property,which is located in the R-4 Zoning
District.
The following plans and exhibits were submitted with the.Application or,at the public„hearing:
(1) Site flan dated august 7,2025 by Dill is&:boy Civil Design+group,
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The property is located at 19 Surrey Drive n the R-�4 Zoning District. The Property is a pre-existing non-
conforming lot,
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PETITION 20,24-<<Number>> Page I of
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Town of North Andover
ZONING BOARD OF APPEALS
ll,, 'FMINGS/DISCUSSION/CONDITIONS
The Board has made careful study of tho materials submitted and the information presented af the.hear ng.
The Board also notes that among the most significant 'issues that arose at the hean*ng were the setback
requested.
The Board finds that owing to circum stances relating to soil conditions shape, or topography of the land
or structures and especially anecting 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 pr vis n s to allow the requested variance in
order to construct a 1400 foot garage pursuant to the Town of North Andover Zoning Bylaws Section
195-7 3, n the R n District in accordance with the plan, other material and testimony at the. i -4 Zoing
public hearing.
TIL MOTION,VOTE,AND DECISION
On September 9,2025 the Board voted to close the public hearing.
A motion was made by Frank J., Ki'llilea and seconded by Laura, Craig-Comin to grant the variance,
requested under Section 195-73 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 me.mbers in favor of the Variance.! Michael T.Lis,Laura Craig-Comin,Frank J.
Killilea,James M. Testa and Alexandra A.
Jacobs
The voting m* embers against the Variance,,,- None
Non-voting members present: Matthew J. Ginsburg and Melissa Rutherford
PETITION 2025-010 Page 2 of 3
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down of North Andover
ZONINGBOARD OF APPEALS
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The Chair declared the Board's vote to be,5-0 to GRANT" VARIANCE
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North Andovie r Zoning.Beard Appeals
3 Michael T. Lis,Chair
Laura Craig-Com* Vice Chair
Frank J. K llile , Clary
Alexandria A. Jacobs,Esq.
r .James M. Testa
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Matthew J. Ginsburg,Esq,
x Zachary J.I fachey
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Melissa Rutherford
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Decision 2 25- 1
DccW,on Template 2019 V 1. 20'1903 14(p''k-c1 an)
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Notes:
1. A decision granting a variance or a special permit shall not be in effect until a certified cc py o
the decision is recorded at the Esser.County Registry of Deeds,Northern District at Applicant's
r expense. Further provided that if the Pro � is registered land,,than a certified
fed copy of the
decision shall also be fired with the Land Lour:
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2 A doelslcn �ranti
" ' a variance r special permit requested by applicants not necessarily
ensure the granting a building per�it be arose Applicant must 4bide by all applicable local,
state, and federal building codes and regulations prier to the issuance of a building permit as
required by the Ins ectof of Buildings.
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Generally, a 'if"the rights,authorized by a deisinrati ariance are not exercised within
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G one 1 year of the date of the,grant then.such�"ghts shall lapse may be re-established after
notice and a now hearing pursuant to the provisions of Mass. Gen.L.ch. 40A, § 1 , and b the
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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
a commenced enced pursuant t®the pro anions of Town of North Andove 5-
r Zoning Bylaws Section 1
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PETITION 2025-010
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