HomeMy WebLinkAboutDecision - Time Stamped Town of North Andover
ZONING BOARD OF APPEALS
Michael T. is,Chair Town Clerk"rime Stamp
Laura Craig-Comin,Vice Chair
Frank J.I<jlhlea,Clerk
Alexandnia A.Jacobs,Esq.,
James M.Testa
Assodate Members
Matthew J.Ginsburg
Zachary J.Ha hey
Melissa Rutherford
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this,notice Calendar Year 2026
In the office of the Town Clerk pursuant
to Mass., Gen. L. ch.40A) § 17
APPLICANT-, APPLICATION DATE.
Nate Lockley Januar 13,2026
y
PROPERTY: HEARING DATE.
126 Prescott Street February 13, 2026
North Andover, MA 0 1845
Map 092, Parcel PETITION:
2026-003
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed January 13, 2026�, has requested a Variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-4.3,Table 2 for one,side set backin the R-4 Zoning District and one
rear setback in the R-4 Zon'Ing District for the purposes of constructing an 8' x 22' shed in the R-4 Zoning
District; specifically, Applicant has requested a side setback needing a relief variance of 5.61 feet and a
rear setback needing a relief variance of 9.4 feet with respect to the Property.
r"7
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 on February 2,2026.
The Board held a public hearing at North Andover Town Hall, 120 Main Street, North Andover, MA on
Tuesday, January 13, 2026 at 730 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) Plan of Land in North Andover, MA, prepared for Nathan Lockley and Jess-Ica Rickettson,, 126
Prescott Street,North Andover,MA by Merrimack Engineering Services dated October 8,,2025.
The Property is located at 126 Prescott Street in the R-4 Zoning District, The Property is a pre-existing
non-conforining lot.
PETITION 2026-<<Ntimber>> Page I of 3
Town of North Andover
ZONING BOARD OF APPEALS
Ito FINDINGS CUSS O /CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing.
The :heard also notes that among the most significant issues that arose at the hearing were the setbacks
requested.
i
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 substantia.l l ardshl 2
financial r otherwise,t Applicant, and that desirable relief may he grants without substantial .e��im nt
to the public goad and without nullifying car ►ubstantially dero at'ng fro�x� the intent or ur ore of the
Bylaws,
Therefore, the Board finds that Applicant has satisfied the rovisi ns to allow the requested variance in
order to construct an 8' x 22' shed pursuant to the Torn of North Andover Zoning Bylaws Section t 5
4.3, Table 2 in the R-4 Zoning Districtin accordance with the plans, other materials, and testimony at the
public hearings.
HL MOTION VOT AND DECISION
On January 13 2 �26 the Board voted to close the public hearing..
A notion was made by Frank Killilea and seconded by Jaynes Testa to grant the variance permit requested
under Section 1 5-4,3, Table 2 of the Zoning Bylaws to allow the requested variance to construct an ' x
22' shed in accordance with the following plans and other materials;
(1) flan of Land in North Andover, , prepared for Nathan Lockl y and Jessica. K cl eats n, 12
Prescott Street,North Andover,MA by Merrimack Engineering Services dated October 8,2025.
The voting members in favor of the Variance: Michael T. Lis,Laura Craig-Cowin,Frank J.
K1'11 lea,James M."fiesta and Matthew J.,
Ginsburg
The voting members against the Variance :done
Non-voting members,present: None
The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
North Andover Zoning Board of Appeals
Michael T. Lis,Chair
Laura.Craig Comm, vice Chair
Frank Jr Killilea,Clerk
Alexandria A. Jacobs,Esq.
James,1"..Testa
Matthew J., Ginsburg,Esq.,
Zachary J.Hache�y
Melissa Rutherford
Decision 2 �21- 3
Notes
PETITION 202 - Page�Q
Town of North Andover
ZONING BOARD OF APPEALS
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 local,
i
state, and federal building codes and regulations Prior to the issuance of a building pei-mIt 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
"'t shall be deemed t o have lapsed a fter a
rights authorized by a decision granting a special permit
two (2) year period fi-om the date of the grant unless substantial use or construction has
r%r-ri -
commenced pursuant to the provisions oi iown of North Andover Zoning Bylaws Section 195
10.7.
THE REMAINDER OF TUS PAGE INTENTIONALLY LEFT AN
END OF DOCUMENT
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PETITION 2026-003