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Home My WebLink AboutNotice of Decision - recorded - 12.30.25 - Decision - 56 HAROLD STREET 12/30/2025 Town of'North AndoveR. r : 'D ZONING BOARD OF APPEALS Nfichael T.Lis,Chair Town Clerk Time Stamp Laura Craig-Conuin,Vice Chair W Frankj.Killilea,Clerk V Alexandria A.Jacobs,Esq., James M.Testa Assoeiate Metzlbers Matthewj.Ginsburg Zachary J.Hachey Melissa Rutherford This i-,1; ettlfy th:,It a V e, P , oni 0 f c� c i Any appeal shall be filed within twenty Notice of Decision h e I a ,: days after the date of filing of this notice Calendar Year 2025 in the office of the Town Clerk pursuant r)z wile,Wat-fen to Mass. Gen. L. ch. 40A) § 17 Tovin Ckii,k APPLICANT', APPLICATION DATE: William and Kimberly Hart October 23, 2 25 PROPERTY: HEARING DATE- 56 Harold Street November 25, 2025 North Andover,MA 0 1845 Map 0010, Parcel 00016 PETITION. 2025-013 I. 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 195-4.,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 oi 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. I 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 :all, 120 Main Street, North Andover,, MA on Tuesday, November 2,5, 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 John Abagis &Associates, dated April 22,20,42)5)- and (2) Five sheets of Floor Plans by TMN Design, dated October 22,2025, Propp is, a p re-ex'8tin g non The Property is located at 56 Harold Street in the R-4 Zoning District. Thl,.-A... 1,117ty confirrm*ng lot. 0 1 PETITION 2025-013 Pagel of k Town of North Andover ZONING BOARD o APPEALS If. 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 addition onto the back of the property pursuant to the Town of North Andover .honing Bylaws Section f 95-4.3, Table (Dimensional Requirements) in the R 4 Zoning District in accordance with the plan, other material,and testimony at the public hearing. Ill. MOTION VOTE AND DECISION On November 25,2025,the Board voted to close the public hearing. A mot:lon was made by Frank J. Killil,ea anad seconded by James M. Testa to grant the variance requested under Section 1 5 4.3, 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 John Abagis &.Associates, dated April 22,2025; and (2) Five sheets of Moor plans by TN4N Design, dated October 22,2025. The voting members in favor of the variance: Alexandria A. Jacobs,Frank J. Killilea,games T. Vesta. 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 40 to GRANT THE VAIRJANCE. :for Anzio r Zoning Board of Appeals Alexandria A. Jacobs,Esq.,Acting Chair Michael T. Lis, Chair Laura Craig-C omin,vice Chair `rank J. z illilea, Clerk Jaynes M. Testa Matthew J. Ginsburg, Esq. Zachary J. Hachey Melissa Rutherford PETITION 20 5- 13 Face 2 of, i-own of North Andover ZONING BOARD OF APPEALS Decision 2025-013 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 laical, 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 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 13LANK END OF DOCUMENT PETITION 2025-013 Page 3 of 3 fi a r' R E F I T I Printed: December 30, 2025 1 :22;2 a Essex North Registry M. Paul Iannuccillo Register k C M Trans#. 16670 er,KEVINZ w FART rc Book: 18479 Fags: 6 Inst : 23119 NAND 56 HAROLD ST DOC DESCRIPTION TRANS AMT --------- DECTSTON Surcharge CPA $5 .0 5.00 TECH FEE 15.00 50-00 recording fee 50.00 lk�lw Total Charges CHECK PM 107 00 r a