HomeMy WebLinkAboutRecorded Decision - Decision - 44 Baldwin Street 3/11/2026 a
Town of North.Andover
ZONING BOARD OF ,
Michael T.Lis,Chair
Town Clerk Time Stamp
Laura Craig-Cornin,vice Chair �.; }
Frank J.KUMea,Clerk
Alexandria A.Jacobs,Esq.,
James M.Testa
A:ssodale Mwbers
Matthew J.Ginsburg
Zachary J.Hachey
Melissa Rutherford Un q,rI E3 52 8 A 3�.�-�6 •��• r 6 CR 2
Any appeal shall be filed within twenty Ndf q6—fDt cisM-f--J19-'f:r ril .0 11 .m56 •IF
days after the date of filing-of this notice Calendar Year 2426
in the office of the Town Clerk pursuant
to Mass. Gen. L. ch. 40A, § 17
APPLICANT, APPLICATION DATE:
Joseph Cambria and Johanna Webster January 8,2026
PROPERTY: 11EARZNO DATE:
44-46 Baldwin Street January 13,2026
North Andover, MA 01845
Map 008, Parcel 0 04.0 PETITION;
2026-002
Z. PROCEDURAL IRSTORY AND STATEMENT OF FACTS
Applicant, by application filed January 8, 2026, has requested a variance pursuant to Town of North
Andover Zoning Bylaws, Section i 95-8.i 09, Table 2 for one side setback- in the R-4 Zoning
District for the purposes of constructing a Accessory Dwelling Unit ha the R-4 Zoning District,
specifically, Applicant has requested a side setback needing a relief variance of 9.9 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 January 26, 2026
and February 2, 20260
The Board held a public hearing at North Andover Town Hall, 120 Main Street, North.Andover, MA on
Tuesday, February 1.3, 2026 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) Plot Plan of Land, 44-46 Baldwin Street, prepared by Sullivan Engineering Group, LLC dated
November 17,2025.
The Property is located at 44-46 Baldwin Street in the R-4 Zoning District. The Property is a pre-existing
non confirming lot.
This is certify that twenty(20)days
have elapsed from date of decision
without filing of a�aP lo�[�'
gate 1 L.
Carla Davvne Warren
PETITION 2024-<<Number>> Town Clerk Pale 1 of 3
h 1
Town of North Andover
ZONING B
O OF APPEALS
ZI• FIN3DiGSID IS C US SIONIC ONDMONS
The Board has made.careful study of the materials submitted and the info .. rmat�on presented at the hearing.
The Board also notes than among the most significant issues that arose at the '
requested.
� - h hearing were the setback
The Board.finds that owing to circumstances relating to soil conditions shape,� p , or topography of the land
or struct
ures and especially affecting such land or structures but not aff6cthig generally the zoning district
in general, a literal enforcement of the provisions of the Bylaws ,will involve subs .y substantial hardship,
financial or otherwise,to Applicant, and that desirable relief may-be granted without substantial detriment nent
to the public good and without nullifying.or substantially derogatin from the intent or purpose of the
Bylaws,
g
Therefore, the Board finds that Applicant has satisfied the provisions to allow the n x
requested variance '
q
order to construct an Accessory Dwelling Unit pursuant to the Town of North Andover Zoning Bylaws
y
Section 195-�8.109, Table 2 in the R-4 Zoning District in accordance with the plans, other materials and
testimony at the public hearing.
Ill. MOTION VOTE,AND DECISION
On January 13,2026 the Board voted to close the public hearing.
A motion was made by Frank Killilea and seconded by Laura Craig-Comin to grant the variance
requested under Section I95-8.1.09, Table 2 of the Zoning Bylaws to-allow the side setback in accordance
with the following plans and other materials:
(1) plot Flan of Land, 44-46 Baldwin Street, prepared by Sullivan Engineering Croup, LLC dated
November 17, 2025.
The voting members in favor of the variance: Michael T.Lis,Laura Craig-Comin,Frank J.
illilea,James M. Testa and Matthew J.
Ginsburg
The voting members against the variance; None
Non-voting members present; None
The Chair declared the Board's vote to be 5-0 to GRANT T V CE.
A
North 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 2026--002
PETITION 2026-002 Page 2 of 3
. a t
r Town of North Andover
ZONING BOARD OF.APPEALS
Notes:
I. A decision granting a variance or a special permit shall not he 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.40.A, § 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.honing Bylaws Section 195-
10.7.
THE REMAINDER of THIS PAGE INTENTIONALLY LEFT BLAND
END OF DOCUMENT
PETITION 2026-002 Pan 3 of 3
RECEIPT D:11:54
Printed: March 2D2 �`
Essex North Registry
M, Paul Iannucci 1 1 o
Register
i r~drys#
� u oper':KEVI.NZ
WEBSTER
g page: 326 Inst# 3602
Book:
�.� Roc•.i 52 g3M11-2a2� 0: .1:49a
5T
NANO 44--46 BALDWIN
DCC DESCRIPTION BRANS AMT
DECISION ,, 50.00
Surcharge CPA $50.00 0.00
50.00 recoral � 5,00
5.00 TECH FEE .._ .
�yyy
k 105.00
Total fees:
Total charges$
105-00
C
105,00
CHECK PM 7906