HomeMy WebLinkAboutDECISION - 04/21/2026
Town of North Andover
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
Zachary J. Hachey
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:
Andrew & Lauren Cournoyer March 6, 2026
PROPERTY: HEARING DATE:
148 Crossbow Lane April 14, 2026
North Andover, MA 01845
PETITION:
Map 106.B, Parcels 0117
2026-009
I. PROCEDURAL HISTORY AND STATEMENT 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 in
the R-1 Zoning District for the purposes of constructing a garage and 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 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 March 30, 2026
publication and April 6, 2026 publication.
The Board held a public hearing at North Andover Town Hall, 120 Main Street, North Andover, MA on
Tuesday, April 14, 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 and at the public hearing:
(1) Plan of Land by Williams & Sparages dated February 2, 2026.
The Property is located at 148 Crossbow Lane in the R-1 Zoning District. The Property is pre-existing
non-conforming lot.
PETITION 2026-009 Page 1 of 3
Town of North Andover
ZONING BOARD OF APPEALS
II. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the
hearings. The Board 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 affecting generally the zoning district
in general, a literal enforcement of the provisions of the Bylaws will involve substantial hardship,
financial or otherwise, to Applicant, and that desirable relief may be granted without 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 provisions 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 accordance with the plan,
other material, and testimony at the public hearing.
III. MOTION, VOTE, AND DECISION
On April 14, 2026 the Board voted to close the public hearing.
A motion was made by Frank J. Killilea and seconded by Alexandria A. Jacobs to grant the variance
requested under Section 195-7.3, Table 2 (Dimensional Requirements) of the Zoning Bylaws to allow the
6 foot set back in accordance with the following plan and other material:
(1) Plan of Land by Williams & Sparages dated February 2, 2026.
The voting members in favor of the variance: Michael T. Lis, Laura Craig-Comin, Frank J. Killilea,
Alexandria A. Jacobs and Matthew J. Ginsburg
The voting members against the variance: None
The 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-Comin, Vice Chair
Frank J. Killilea, Clerk
Alexandria A. Jacobs, Esq.
James M. Testa
Matthew J. Ginsburg, Esq.
Zachary J. Hachey
Melissa Rutherford
Decision 2026-009
PETITION 2026-009 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
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.
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