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Home My WebLink AboutDecision - Recorded - 6.4.26 Town of North Andover ZONING'BOARD OF APPEALS Michael T.Lis,Chair Town Clerk,Tirhe.Stamp Laura Craig-Coihin,Vice Chak, Frank j,1,ffiea,Clerk Alexandria A.Jacobs,Esq., James s M.testa 1490�0 Mwherx Matthew J.'Ginsburg Zacharyj,11k hey MeHtsa Rutherford Any appeal shall be filed'Withiii,two i�c' Ie ofciiA nty Not I ..De! ion :! days after the date offiling,of this notice Calendar Year 2026 in the offimofthe,Town Clerk pursuant to Mass. Gen.L. ch. 40A, § 17 APPLICANT: APPLICATIOTt DATE: Andrew&Lauren Cournoyer arch 6,M '2026 PROPERTY: HEARING DATE: 14*9 Crossbow Lane April 14,=6 North Andover,MA 01845 Map 106.B,Parcels 01,17 PETITION: 2026-009 I. PROCEDURAL HISTORY AND STATEIYMi NT OF FACTS Applicant by application filed March 6, 2026 has requested a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3, Table.2 (Dimensional Requirements) for one side setback.'M' the R-1 Zoning District for the purposes of constructing a garage land -roof deck in the R-1 Zoning District; specifically, Applicant has requested a side setback needing a relief variance of.6 feet with respect to the property. The Applicant requires a hearing before the North Andover Zoning B 9'.ard of Appettls ("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 March 50, 2026 publication and April 6,2026 publication. The Board hold apublic hearing at North Andover Town Hall, 120 Main Street North Andover, MA on Tuesday, April 14, 2026 at 7:3`0 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 and at the public hearing: (J) Plan of Land by-Williams& Sparages dated February 2,2026.:: The Property is located at 1.48 Crossbow Lane in the R-1 Zoning District. The Property is pre-existing non-conforming lot. This is ceridf j that twenty(20)days have clapsed trum date of decision without filing of an appeal. patev)' Carla t)av n arren PETITION 2026409 Town Clerk Page I of'3 Town of North Andover: ZONING BOARD OF APPEALS JIL,FMINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted anal the information. ,presente d at the hearings. The BOW also notes that among the most significant issues 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,aifectingg'enerally the zoning district in UVO 1l will involve lve substantial hardship, ,general, a literal.. enforcement of the provisions of the Bylaws, financial onoffierwise,to Applicant,and that desirable relief maybe jtantedvithovt 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 provision 1 8 to allow the requested variance in -order to construct a garage and roof deck pursuant to the Town of North Andover Zoning Bylaws Section 195-7.3, Table 2 (Dimensional Requirements) in the R-1 Zoning District in acWkdance with the plan, other material,and testimony at the public hearing. H1. MOTION,VOTE AND DECISION On April 14,2026 the Bbard voted to close the public hearing. A motion Was made by Frank I Killilea and seconded by Alexandria A. Jacobs, to grant the variance requested under Section 195-7.3,Table,2(Dimensibihal'keqtiiremenf�,) of the Zoning Bylaws to allow the 6 foot set backin accordance with the following plan and other material: (1) 1 Plan of Land by Williams&Sparages dated ebruary 2;20201 The voting members in favor of the variance: Michael T.Lis,Laura CrAigCoiiiinYrank-J.Killilea, Alexandria A.Jaoobs and Matthew J. Ginsburg The voting members against the variance; None The non-voting members present: None The Chair declared the Boards vote to be 5-0 to GRANT TBE'VARJANCE., North. Andover Zo�ing Board of Appeals Michael T.Lis,Chair Laura Craig-Cominp�Vice Chair Frank J.Killilea,Cl4rk Alexandria A.Jaoob�i s,Esq. James M.Testa Matthew J. Ginsburg,Esq. Zachary J.Hachey Melissa Rutherford ; "Decision=6-009 Page 2 of 3 PETITION 202."6-009 i Town.of North Andover ZONING BOARD OF APPEALS Notes: l. A decision granting a'variance'or a special permit shall not tie it effect unlil a certified copy of the decision is recorded at the Essex County Registry of Deeds,Northern District at Applicant' expense. Further provided that if the Property is registered 1�nd,then a ce:lif:ied.copy of-the. decision sha11 also be-file.d with the Land Court. i 2. A decision:granting avariance or special permit as:xequestedll by Applicant does not necessarily ensure the-granting of a building permit bOQauseApplicant must abide by 0.1 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 anew bearing 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.Iapsed after a two(2)year period.from the date of the grant unless substantial use or con,tzuetion has commenced pursuant to.the provisions of Town of North Andover Zoning:Bylaws Section 195- 14.7. THE REMAINDER OF THIS PAGE,INTENTIONALLY LEFT BLANK END"OF DOCUMENT i j PETITION 2026-;009 Page 3 of 3 4 ) ' | AECEIPT � Printed: Juno 4 2026 @ 11:47:05 � Essex North Registry M. Paul Iannuuuillo � Register ' ! Truna#: 7120 Oper:KEVINZ ` COURNOYER =================== � Dook: 18598 23 Inot#: 8923 Ct}0: 70 Aoo:6-04-2026 11:47:00o NAND 148 CROSSBOW LN DOC DESCRIPTION TRANS AMT ___ _____ DEOISIDN Surcharge CPA $50.00 50.00 � 50.00 recording foe 50.00 5.00 TECH FEE 5.00 ' Total fees: 105.00 / *x� Total charges; 105.80 � CHECK PM 1111 105.00 ` ` `