HomeMy WebLinkAboutDecision - Time Stamped - Decision - 56 HAROLD STREET 12/8/2025 Town of North Andover
ZONING BOARD of APPEALS
Michael T.Lis Chair "' � Town Clerk Time Stamp
Laura Craig-Comin,vice Chas:
Frank J. illiiea,Clerk
Alexandria.A.Jacobs,Esq.,
Janes M.Testa
Matthew `.Ginsburg
Zachary j.Hachcy
Melissa Rutherford
Any appeal shall be filed within twenty Notice of recision
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. 4K § 17
APPLICANT.- APPLICATION DATE:
William and Kimberly Hart October 23,202
PROPERTY: HEARING DATE:
56 Harold Street November 25, 20 5
North Andover,MAw. 0 1845
Map 0010,Parcel 0006 PETITION:
2025-013
1. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed October 23, 2025, has requested a Variance pursuant to Town of North
Andover Zoning Bylaws, Section 1 5 4.3, Table 2 Dimensional Requirements) for one side
setback in the R 4 Zoning District for the purposes of constructing an addition onto the back of
the property; specifically, .Applicant has requested a rear setback needing a relief variance of
14.1. ;feet (the rear setback proposed is 15.9 feet and the rear setback required per Table 2 is 30.0
feet) with respect to the Property.
The Applicant requires a hearing before the North Andover.honing:hoard of Appeals (" oard"), 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-Ti-i une, a newspaper of general circulation in the Town of:forth Andover, on November 10, 2025
and November 17, 2025.
The:hoard held a public hearing at:forth Andover Town.Hall, 120 Main Street, North Andover, MA on
Tuesday, November 25, at 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 John Abagis &Associates, dated.April 22, 2025 and
(2) Five sheets of Floor plans by TMN Design, dated October 22, 2025.
The property is located at 5 Harold Street in the R-4.honing District. The property is a pre-existing non
confirming lot.
PETITION 20,25-013 Page I of
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 an or structures but not affecting generally the zom*ng 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 addition onto the back of the property pursuant to the Town of North Andover
Zoning Bylaws Section 195-4.3, Table 2 (Dimensional Requirements) in the R-4 Zoning District in
accordance with the plan,other material, and testimony at the public hearing.
111. MOTION,VOTE, D DECISION
On November 25, 2025,the Board voted to close the public hearing.
A motion was made b y Frank J. 1,.'illilea and seconded by James M. Testa to grant the valiance requested
under Section 195-4.3, Table 2 (Dimensional Requirements) of the Zoning By to allow the side
setback in accordance with the following plans and other materials:
(1) Certified Plot Plan by John Abagis &Associates, dated April 22,2025; and
(2) Five sheets of Floor Plans by TMN Design, dated October 22,2025,
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 Acting Chair declared the Board's vote to be 4-0 to GRANT THE VARIANCE.
Nor flrAndo r Zoning Board of Appeals
Alexandria A. Jacobs,Esq.,Acting Chair
Michael T. Lis, Chair
Laura Craig-Comin,Vice Chair
Frank J. K'illilea, Clerk
-
James M. Testa
Matthew J. Ginsburg,Esq.
Zachary J. Hachey
Melissa Rutherford
PETITION 2025-013 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
Decision 2025-013
Notes:
I 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 may be 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 periTn't shall be deemed to have lapsed after a
two (2)year period fi-om.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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PETITION 2025-013 Page 3 of 3