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Home My WebLink AboutDecision - Time Stamped - Decision - 44 Baldwin Street 2/17/2026 4 r Q i. own f North ver,Ando ZONING BOARD OF APPEALS Michael T.Lis air Ch Town Clerk TimeSitamp Laps C ra g_Comiin,'vice Chair Frank J. illilea,CkrA Alexandria.A.Jacobs,1�s ,, jarhesR"Fes ta Ago ate Members Wtthewj,G'insbux 46ai x.Hachc' Mehl a Rothcrfo rd An .4ppe l sl 11 he filed within tw n Notice+ f"De cision o days after the date of fi I" ing-of this notice, alendar Year 2026 in the office ofthe Town Clerk pursuant x to Mass. Gen. L. ch. 40A., 17 APPLICANT, N DATE: Joseph'Ca nhria and Johanna Webster January 8 . PROPERTY REARM �I A .44-46 Baldwin Street January 1",3,202 North Andover,MA 01 1845 Map 008,Parcel 040 PETITION: 22 - 2 I. ROCE L HISTORYAND STATEMENT OF FACTS. Applicant, by application flied January 8 2026, has requested a Variance pursuant4 t�o Town of North Andover Zoning Bylaws, Section 1 5- .1 9, Table 2 for one side stack, in the R-4 Zomng District for the purposes of constructing a Accessory Dwelling Ujx t In the R-4 Zon.i x District; spy 'fically,Applicant has requested a side setback needing a relief variance f 9. feet with respect to the Property, The Applicant requires a hearing before the North Andover Zoning Board of-A ea.�s ("Board'% and due p notice of the hearing was given ma ing and. publication. Legal notices were ,sent to a1 certified abutters provided by the Assessor's Office of the Town of North Andover and were pudblished, in The g" � , W aper of general circulation in the Town of North Andover,,on. Jan ary 26 2026 and February The Board held a public hearing at North Andover Yawn Hall, 120 Main Street,t North Andover, MA on Tuesday, February 13, 20 .at 7-030,p.n .. with respect to the Property, which is located�in the R-4 Zoning Q j 8tr ct. The following plans and exhibits were'suhrn fitted frith-the Application or at the publle hearing: (1) Plot Clan of Land, 44-46 Baldwin Street, prepared by Sullivan tnglneenng Group, LLB; dated Novemher 1 2025. The Property,is located at 44-4 Baldwin Street in the R-4 Z nih�g' istrict. The Propel is a pre-existing Can Wntirmitag lot. down ot^,a o t' Andover ZONING BOARD OF APPEALS Ile GS/DISCUSSION C0 1TION_4 The,Board has made.careful study of the mated .ls,submitted and the"information ormatio r �1 ��'°°"�� Y . presented t�ed.at l LeaF ring. The Board also notes that.among the most,s�gnf cant issues that arose at the hearin �� requested. g were tback The Boar .finds that owing to el cu ri w Lances relating t sail conditions, shape, or topography of the land or structures and especially affecting such lad or structures but not af ctui :generally the zoning dlstrl in general, a literal enforcement of the provisions o the Bylaws will involve substantial; .ards�hi pp financial,or otherwise,to Applicant, and that desirable relief may he gr anted'without substantial detriment to the public goad and without nu.11i f in or substantially derogating from the intent or se f the Bylaws. p p Therefore, the :hoard finds that Applicant has sat" ed the provisions to allow the req uested variance in order to constrict an Accessory Dwelli ' Unit pursuant to th:�e Town of forth Andover Bonin . laws Section 195.4,109, Table 2 in the R- Zoning vistrict in accordance with the plans, other materials, and. testimony at the public hearing, III MOTIQN VOTE D DECISION On January 13,2026 the Board voted to close the public hear ng.. A motion was made "by Fran'k Kill.ilea and ,seconded by Laura Cr4ig- 'omin to grant the variance requested 'under Section .1.9,E- .1.o , Ta le,2.of the '� n.ing, law to ill w the �dc�ctba � n arc rdance with the following plans and other,materials: (1) P Plan of Land, 44-46 Baldwin Street, prepated y 'Sulliyan .En lneerin ��cu � dated g p, �. November 17,2025. The voting b sin favor of the Variance, Michael T. Lis,Laura Craig-Ccmin,Frank 1. Kl.11 lea,James.A Testa and Matthew j. Ginsburg The young,members against the Variance,-. None l onWvoting members present: None The Chair declared the Board's vote to be 5-0 to ORANT THE,VARI CE. North Andover Zoning:hoard of Appeals Michael T". is�.chair Laura Cra:.ig- ` mina,Vice Chair Frank J.Killilea, Glory ,Alexandria A.Jacdbs,Esq. James M.Testa Matthew I Ginsburg,Esq. Zachary J.. Hachey Melissa Rutherford Decision 202 -00 PETITION 02 - 2 Page 2 of 3 rown f North. dver ZONING BOARD OF APPEALS Not 'es it A decision granting 4 Yari,ance or 4,speQ-i *al permit shall not be in-effect until a certified copy of the decis'�ioii is recorded at the Essex County Registry of Deeds,14'ort'her'n' District at Applicaofs e,;(pepsa. Further provided thatifthe Property is registered land,then a cert"fied copy of the -decision shall" "Iso be filed with the'Land Court. 2. A-decision granting.a variance or special permit as requested by Applicant does not necessarily ensure the gratit'in k of a building permit'because Applicant must abide by,all applioabip local, state,.and federal building codes end red a ulations prior to the issuance,of a building permit as required Dy the Inspector of Buildings, 3. Generally, (a),*f'the rill ts authorized by decision a I _ . 1 ion granting a variance are not exercised within .one(1)year d the date of the grant then suchi rights shall lapse,and may be.re-established,after notice and a new hfig eAr" pursuant to the previsions s ions of Mass.,Gen.L. ch. 40A, § 10,and(b)the rights authorized by a deoisioft granting a special permit shall,be deemed to have lapsed after a two (2)year period,from the date of the grant unless sub*8tantial Use or construction has commenced pursuant to the proVisions,of Town of North Andover Zoning�Yjaws Section'l 95- 10.710 THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2026-002 Page 3 6f 3