The URL can be used to link to this page

Home My WebLink AboutDecision - Recorded - 4.17.26 - Decision - 123 BRENTWOOD CIRCLE 4/17/2026 U 14 Town of North Andovtr,.:!: ZONING BOARD OF APPEALS Michael T.Lis,Chair Town Clerk Time Stamp Laura Craig-Comin,Vice Chair Frank J.Killilea,Clerk Alexandria A.Jacobs,Esq., James M.Testa Associate Members Matthew J.Ginsburg IMF Zachary J.Hachey Melissa Rutherford 1'!Ii i�: th ,i t,,aonty(20)days t',svo ;on)&ile of decision Any appeal shall be filed within twenty Notice of Decision widlom jlljrlt, at Ae , days after the date of filing of this notice Calendar Year 2026 Da C) 0�r NoO wW_1n_e warren in the office of the Town Clerk pursuant Town Clerk to Mass. Gen. L. ch. 40A, § 17 APPLICANT: APPLICATION DATE: CHRISTINE AND SEAN CONNOLLY February 5,2026 PROPERTY: HEARING DATE: 123 Brentwood Circle March 10,2026 North Andover, MA 01845 Map 0064,Parcel 036 PETITION: 2026-005 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed May 8, 2025 has requested a Special Permit pursuant to Town of North Andover Zoning Bylaws, Section 195-4.2, Part Q, Table 2 for a Family Suite in the R-1 Zoning District; specifically, Applicant has requested a special pen-nit to construct a family suite attached to an existing home to be inhabited by family consisting of 1,145 square 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 February 23, 2026 and March 2,2026. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on C, Tuesday, March 10, 2026 at 7:30 p.m.with respect to the Property,which is located in the R-1 Zoning District. The following plans and exhibits were submitted with the Application or at the public hearing: C) (1) Plot plan of Control Point Associates,Inc. dated April 10,2025, consisting of tine sheet;and (2) Plan of Soulveplus consisting of 19 sheets, dated April 8,2025. The Property is located at 123 Brentwood Circle in the R-I Zoning District. The Property is a pre- existing non-conforming lot. AV F E61'. A1'rtie copy PETITION 2026-005 Page I of 3 Town of North Andover ZONING BOARD OF APPEALS H. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearing(s). The Board finds that under Section 195-10.7(A) of the Bylaws and as conditioned below, (a)the Property is an appropriate location for the use, structure, or condition, (b) the use as developed will not adversely affect the neighborhood, (c) there will be no nuisance or serious hazard to vehicles or pedestrians, (d) adequate and appropriate facilities will be provided for the proper operation of the use, and (e) the use is in harmony with the general purpose and intent of the Bylaws. The Board further finds that under Section 195-9.1 of the Bylaws and as conditioned below, the Applicant's proposed change, extension, or alteration to the Property is not substantially more detrimental to the neighborhood than the existing conditions. Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit in order to construct a family suite pursuant to the Town of North Andover Zoning Bylaws Section 195- 4.2., Part Q, Table 2, in the R-1 Zoning District in accordance with the plans, other materials, and testimony at the public hearing. HI. MOTION,VOTE,AND DECISION On March 10,2025 the Board voted to close the public hearing. A motion was made by Frank Killilea and seconded by James Testa to grant the special permit requested under Section 195-4.2.2, Part Q of the Zoning Bylaws to allow the construction of family suite, in accordance with(a)the following plans and other materials: (1) Plot plan of Control Point Associates, Inc. dated April 10,2025,consisting of one sheet; and (2) Plan of Soulveplus consisting of 19 sheets, dated April 8, 2025. The voting members in favor of the Special Permit: Laura Craig-Comin, James M. Testa,Alexandra A. Jacobs,Frank J.Killilea,Matthew Ginsburg The voting members against the Special Permit: None Non-voting members present: None The Chair declared the Board's vote to be 5-0 to GRANT THE SPECIAL PERMIT. _ ^ \/�F I") North Andover Zoning1toard of Appeals Laura Craig-Comin,Vice Chair—Acting Chair Michael T. Lis, Chair Frank J.Killilea, Clerk Alexandria A. Jacobs,Esq. James M. Testa Matthew J. Ginsburg,Esq. Zachary J.Hachey Melissa Rutherford Decision 2026-005 PETITION 2026-005 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS Dccision Templak 2019 v1,2 20190314(pk-20can) 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 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 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 BLANK END OF DOCUMENT PETITION 2026-005 Page 3 of 3 RECEIPT Printed: April 17, 2026 @ 9:06:52 Essex North Registry M. Paul Iannuccillo Register Trans#: 4713 Oper:KEVINZ CONNOLLY Book 18557-Page:-245- Inst# -5745 - Cti#: 13 Rec:4-17-2026 ® 9:06:48a NAND 123 BRENTWOOD CIR DOC DESCRIPTION TRANS AMT ----------- --------- DECISION Surcharge CPA $50.00 50.00 50.00 recording fee 50.00 5.00 TECH FEE 5 00 Total Fees: 105,00 Total charges: 105.00 CHECK PM 454 105.00