HomeMy WebLinkAboutDecision - Time Stamped - Decision - 111 BARKER STREET 9/15/2025 4
Town of North Andover
ZONINGBOARD OF APPEALS
chael TM,Lis Chao'
4 Town'Clerk Tirne Stamp,
Laura Craig-Comin,vice Chair
rank J.KiNda,'Ger,
Alexandn"a A,Jacobs,Esq.,
James U.Testa
Am dale Member.
Matthew .Gin8bur
f
Zadhar`J.F ache
Mchssa Rutheerfbrd
Any appeal shall he:filed within twenty No ce f Decision
days after the,date of filing of this not"
ceCalendar Year
in the office of the Town Clerk per'uant
Q Mass, Gen. L. ch. 40A, § 1
APPLICANT: APPLICATION:SATE.
Williams McElroy August 14 2 25
PROPERTY, HEARING DATE*
111 Barker Street September ,2025
North Andover,M.A. 0 1845
Map 0,03 5, Parcels 0 103 PETITION:
22 - 1
I OCEDURRAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed .August 14, 2025, has requested a Va�ance pursuant to Town of North
n ever.�errrng Bylaws, Section 5-3.3, n.Oct" S Table 2 for-one side setback in the R-2Zorifg
.��str� t for the purposes f constructing a 1.2 x 1�6 shed, s ec'ficall ,,A cant has requested
i'de setback needing a relief variance of 20.0feet with respect to the Property.
The Applicant requires as heaving before the North Andover Zoning t3eard.of Appeals ("Board"), and due
notice of the hearing was given by mailing and publication. Legal :notices were seat to all certified
abutters provided by the Assessor's Ofiice of the Town of North Andover and were published. in The
Eagle-Tri"bune, a newspaper of general circulation in the Town of North Andover, on August 25, 2 �25
and September 1,2025.
The Board held a public hearing at North Andover Town Hall, 12 Main Street, North Andover,MA on
Tuesday, September 9,2025 at" 3 r p.m. with respect to the Property, which is located,In the R-2 Zoning.
;District.
The following plans and.exhibits were submitted with the Appllcation or at the public hearing-,
(1) Site plan.dated.July 3,2025 by Merrimack Engineering services with an attached photograph of
the,site.
r
The Property is located at 111 Barber Street in the: 2 Zoning:District. The Proper "s a pre-existm' g
non confirming lot,
a
PETITION 202,4-<<N4mber>> Page I of
TOWn Of North Andover
ZONING BOARD OF APPEAti
LS
IL EINDNGS/DISCUS ONDITIONS
SION/C
The,Board has made careful study of the materials submitted and the informat* pres ented at the hearing.
ion
The Board also notes that among the most sogn* W 4
requested, i I- ificant issue that arose at the hearing was the setback
The Board finds that owing tocircumstances relating to soil conditions, shape, or topography of the land
or Aructures and'es pecially anecting such land or structures but not affecting genoally the zoning district
in general,. a literal enforcement of the provis'ons of the Bylaws will involve substantial hardship,
financial or otherwise,to Applicant, and that,desirable relief may be granted w"it hout substantial detriment
to the public good and without nullifying or substantially derogating frorn the intent or urpose of the
Bylaws.
Therefore, the Board finds that Applicant has, satisfied the provisions to allow the requested variance in,
order to construct a 12 X 16' shed pursuant to the Town of North Andover Zoning Bylaws Section
0 -
Section 195-3.3, Section S in the R-2 Zoning District in accordance with the, plan, other material, and
testimony at the public hearing.
111, MOTION,VOTE ND DECISION
On September 9,2025,the Board voted to close the public hearing.
A motion was made by Frank J. K*11"lea and second -Com"n to grant tl
I I I end by Laura Craig I .the variance
requested under Sect 195-3.3, Section S of the Zoning Bylaws to allow, the side setback in
in
accordance with the following plans and other materials,-
(1), Site Plan dated July 3,2 25 by Merrimack Engineering Services with ata attached photograph of
the site.
The voting members 'in favor of the Variance: Michael T. Lis,Laura Cl-a:igwComl'n,,Frank J.
Killilea.and James M,Testa
The voting members,against the Variance: Alexandra'A.Jacobs
�
Noft-voting members present Matthew J. Ginsburg and Melissa Rutherf rid
PETITION 2025-011
PAge'2 of j
Y
down of North Andover
ZONING BOARD OF APPEALS
The Chair,declared theBoard's vote to be 4-1 to GRANT THE
0011,
Ir
earth Andover Zoning Board, -f Appeals,
Michael T.Lis, Chair,
Lauri.Craig--C Coro,Vice Chair
Frank J.,Killilea, Clerk
Alexandria A.Jacobs,Esq.
James M.Testa
Matthew J. Ginsburg,E sq.
Zachary J. cache y
Melissa Kutherfdrd
Decision 202 -0 .1.
Notes:
I. deci sion granting a variance or a spec al permit shall net 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 `reperty 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 s ecial pert.it as requested by Applicant dues net necessarily
ensure the granting of a building pemit. ecause Applicant must abide by all apr l'cable local,
state, and fedora!building codes and regulations prior to the issuance or a bull mg.pertit as
required by the Inspector Of Buildi,fit s
3. Generally, a: if the rights authorized by a decision granting a,variance are not exercised within
one(t year of the date of the grant than,such rights shall lapse and maybe re-established after
notice and a new hearing pursuant to the provisions,of Mass. Caen. L. ch. A., § 10, and(b),the
rights authorized by a decision granting a special permit shall be deemed to have lapsed after a
two(2)yeas period from the date of the grant unless substantial use orconstruction has
commenced pursuant tc the previWons of Town of North Andover Zoning bylaws Section 1. 5-
10.7.
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