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Home My WebLink AboutNotice of Decision - Recorded 10.10.25 3 ' Tows. of North.Andover ZONING BOARD OF APPEALS Michael T.Lis,Chair Town Clerk Time Stamp 1=t Laura Craig-Comin,vice Chair Frank .Killilea,Clerk Alexandria A.Jacobs Esq., James M.Testa : Associate Members •r. i P {` '4 t' Matth w e :3�nsbur G Zachary J.Hachey Melissa Rutherford rl appeal Decision S T`: Any pp al shall be filed within twenty Notice of Decision A'True Copy days after the date of filing of this notice Calendar Year 2025 in the office of the Town Clerk pursuant 'Ada '17nwn Clerk to Mass. Gen. L. ch. 40A, § 17 APPLICANT: APPLICATION DATE: William McElroy August 14,2025 This is certify that twenty( 0)'lays have elapsed ikrom date of ecision PROPERTY. HEARING BATE: wi ou ing Date .. 111 Barker Street September 9,2025 Darla Dawn,wa I^ren North Andover,MA 01845 Town Clerk Map 0035, Parcels 0103 PETITION: 2025-011 Z. PROCEDURAL MSTOR Y AND STATEMENT 0P PACTS ' Applicant, by application filed August 14, 2025, has requested a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-3.3, Section S Table 2 for one side setback in the R-2 Zoning District for the purposes of constructing a .2' x 1 d' shed; specifically, Applicant has requested a side setback needing a relief variance of 20.0 feet with respect to the Property. The Applicant requires a hearing before the North Andover Zoning Board of Appeals ("Board"), and due PP � g 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 August 25, 2025 and September 1,2025. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, lVlA on Tuesday, September 9,2025 at 7:3 0 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 Application or at the public hearing: Site Plan dated Jul 3,2025 by Merrimack Engineering Services with an attached photograph of (1) y the site. The Pro Perty is located at 111 Barker Street in the R 2 Zoning District. The Property is apre--existing non confirming lot. PETITION 2024-<<Number» Page 1 of 3 Town of North.Andover ZONING BOARD OF APPE S ZI, FINDINGSIDISCUSSIONICONDITIONS 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 issue that arose at the hearing was 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 12' x 1 6' shed pursuant to the Town of North Andover Zoning Bylaws Section Section 195-3.3, Section S in the Rw2 zoning District in accordance with the plan, other material, and testimony at the public hearing. IH. MOTION VOTE AND DECISION On September 9,2025,the Board voted to close the public hearing. A motion was made by Frank J. Killileaa, and seconded by Laura Craig--Comin to grant the variance requested under Section. 195-3.3, Section S of the zoning Bylaws to allow the side setback in accordance with the following plans and other materials: Site plan dated Jul 3,2025 by Merrimack Engineering Services with an attached photograph of (1) y the site. The voting members in favor of the Variance-,Variance-, Michael T.Lis,Laura Craig-Comin,Frank J. Killilea and James M.Tes-ta The voting members against the Variance: Alexandra A.Jacobs Non-voting members present: Matthew J. Ginsburg and Melissa Rutherford PETITION 2025-0I 1 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS The Chair declared the Board's vote to be 4-I to GRANT THE VAR LANCE. r Worth 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 2025-011 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 maybe 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 2025-011 Page 3 of 3 I r i RECEIPT Printed: October 10, 2025 Q 9:06:45 Essex North Registry M. Paul Iannucclllo Register Trans#: 12928 Oper:KAIF MCELROV Y Book: 18406 Page; 209 Inst#: 17701�� Ct l#: 16 Rec:10w-10-2025 @ 9.06.36a NAND 111 BARKER ST DOC DESCRIPTION TRANS AMT ~-- 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 341 105.00