HomeMy WebLinkAboutDecision - Time Stamped - Clerk - Decision - 369 WOOD LANE 12/8/2025 Town of North Andover
ZONING BOARD OF APPEALS
Michael T.Lis,Chair ' Town Clerk Time Stamp
Laura Craig-Coinin,Vice Chair
Frank J.Killilea,Clergy
Alexandria A.Jacobs,Esq.,
James M,Testa
Associate Meniberr
Matthew J.Ginsburg
Zachary J.Hachey
Melissa Rutherford
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2025
in the office of the Town Clerk pursuant
to Mass. Gen. L. ch. 40A, § 17
APPLICANT: APPLICATION DATE:
Nicholas Reilly and September 25,2025
Christine (Mclaughlin) Reilly
PROPERTY: HEARING DATE:
369 Wood Lane November 25, 2025
North Andover,MA 01845
Map 0022, Parcels 0074 PETITION:
2025-012
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed September 25, 2025,has requested a Variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-7.3, Table 2 (Dimensional Requirements) for the purposes of
constructing an 8' x 12' mudroom and a 22' x 24' garage in the R-4 Zoning District; specifically,
Applicant has requested a side setback needing a relief variance of 3.8 feet (the side setback
proposed is 11.2 feet and the side setback required per Table 2 is 15.0 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 November 10,
2025 and November 17, 2025.
The Board held a public hearing at North Andover Town Hall, 120 Main Street, North Andover,
MA on Tuesday, November 25, 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) Certified Plot Plan by Hawthorne Land Surveying Services, Inc. dated September 24,2025.
The Property is located at 369 Wood Lane in the R-4 Zoning District. The Property is a pre-existing non
confirming lot.
PETITION 2025-012 Pagel of 3
Town of North Andover
ZONING BOARD OF APPEALS
11. 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 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 an 8' x 12' mudroom and an 22' x 24' garage pursuant to the Town of North
Andover Zoning Bylaws Section 195-7.3, Table 2 (Dimensional Requirements) in the R-4 Zoning
District in accordance with the plan, other materials, and testimony at the public hearing.
111. MOTION,VOTE,AND DECISION
On November 25,2025 the Board voted to close the public hearing.
A motion was made by Frank J. Killilea and seconded by James T. Testa to grant the variance requested
under Section 195-7.3, Table 2 (Dimensional Requirements) of the Zoning Bylaws to allow the side
setback in accordance with the following plans and other materials:
(1) Certified Plot Plan by Hawthorne Land Surveying Services, Inc. dated September 24,2025.
The voting members in favor of the variance: Alexandria A. Jacobs,Frank J. Killilea, James T. Testa
and Matthew Ginsburg
The voting members against the variance: None
The non-voting members present: None
The Chair declared the Board's vote to be 4-0 to GRANT THE VARIANCE.
Nor fOAnd4/r Zoning Board of Appeals
Alexandria A. Jacobs,Esq.,Acting Chair
Michael T. Lis, Chair
Laura Craig-Comin,Vice Chair
Frank J. Killilea, Clerk
James M. Testa
Matthew J. Ginsburg, Esq.
Zachary J. Hachey
Melissa Rutherford
Decision 2025-012
PETITION 2025-012 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 pen-nit 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. eb. 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.
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