HomeMy WebLinkAboutComplete Variance Application - Application - 38 CHESTNUT COURT 3/5/2026 TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
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NAME: Town Cleric Time Stamp
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ADDRESS OF APPLICANT :
Procedure & Requirements
for an Application for a Variance
Twelve(12)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND
submitted thirty 30 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the time The Office of Zoning Board of Appeals schedules an applicant
periods prescribed may result in a dismissal by the Zoning for a hearing date and prepares the legal notice for mailing to
Board of an application as incomplete. the parties of interest(abutters)and for publication in the
The information herein is an abstract of more specific newspaper.
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. The STEP 7: DELIVERY OF LEGAL NOTICE TO
etitioner will complete items that are underlined. NEWSPAPER:
The petitioner may pick up the legal notice in person from the
STEP 1:ADMINISTRATOR PERMIT DENIAL: Office of the Zoning Board of Appeals or the legal notice can
The applicant applies for a Building Permit and receives a be emailed to the petitioner for publication in the newspaper. If
Zoning Bylaw Denial form completed by the Building the legal notice is published at least fourteen(14)days before
Commissioner. the hearing,then the Applicant is scheduled for a hearing date.
STEP 2:VARIANCE APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING
Applicant completes an application form to petition the Board BOARD OF APPEALS:
of Appeals for a Variance. All information shall be completed. The applicant should appear on his/her behalf,or be represented
by an agent or attorney. In the absence of any appearance
STEP 3:PLAN PREPARATION: without due cause on behalf of the applicant,the Board shall
Applicant submits all of the required plan information as cited decide on the matter by using the information it has received to
in page 2,section 9 of this form. date.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The STEP 9: DECISION:
Applicant requests the Assessor's Office to compile a certified After the hearing and decision,a copy of the Board's decision
list of Parties in Interest(abutters). will be filed in the Office of the Town Clerk and sent to the
petitioner and all Parties in Interest.Any appeal of the Board's
STEP 5: SUBMIT APPLICATION: decision may be made pursuant to Massachusetts General Law
Applicant submits one(1)original and eleven(11)copies of ch.40A, § 17,within twenty(20)days after the decision is filed
all required information to the Town Clerk's Office to be with the Town Clerk.
certified by the Town Clerk with the time and date of filing.
The original shall be submitted to the Town Clerk's Office, STEP 10: RECORDING THE DECISION AND THE
and the 11 copies will be submitted to the Zoning Board of PLANS.
Appeals secretary. The applicant is responsible for recording certification of the
decision,and any accompanying plans at the Essex County,
North Registry of Deeds; 1 Union Street,Lawrence MA 01840
and shall complete the Certification of Recording form and
forward it to the Zonimz Board of Appeals and to the Building
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'Uepartment.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. & Services 978-688-9501 Town Cleric's Office
North Andover Town Hall 978-688-9566 Assessor's Office
120 Main Street
North Andover,MA 01845
978-688-9542 Fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
I
IMPORTANT: APPLICANTS MUST COMPLETE ALL ITEMS ON THIS FORM
PETITIONER INFORMATION
NAME:
ADDRESS:
PHONE: EMAIL:
If the petitioner andlorproperty owner is a compaitj7,corporation or other entitj>,a list of the names and a(firresses of the
principals,officers and/or managers most be attached to this form.
SUBJECT PROPERTY INFORMATION
'.
LOCATION OF PROPERTY:
V� Co
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ZONING DISTRICT: —ASSESSORS PROPERTY MAP NO.: 6c) C.
LOT NO.: 0
OWNER OF RECORD: CUrks A_vx,'0mJ(t "rB, "Jokud
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: N U PAGE 'Z-� OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner, abutter, etc.):
CrAv
CURRENT USE: d
PROPOSED USE:
PREVIOUS VARIANCE GRANTED: YES—NO,�DECISION NO./DATE:
OTHER REGULATORY REVIEW: YES—NO IF YES, DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
Page 2 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
PROPOSAL DESCRIPTION
1. IBriefly describe all proposed changes to the s9tr cture(s) and/or1use(s):
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2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
out
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4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
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SUPPORTING STATEMENT
E11(VIOI%FOI,LOff'INC;REQUIRLL'AIIsN7,St'ORA GfIRIIINCt'AIUSI'BEI!s,,5IABLISIIIs"IiANTISE7'T'OR7IIINCOMPLF7IiDL'7AILBY
7 1 AI'I'LICAN7'INACCORDAiVCI'If77II G.L. C.40A,,§10.
1. Describe the special circumstances related to soil conditions, the shape or the topography of the land or
structure that are unique to the parcel:
2. Specify how the circumstances do not generally affect other properties in the zoning district:
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3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
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S. Explain why granting the proposed variance will be in harmony with the purpose and intent of the
North Andover Zoning Bylaw:
Page 4 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
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6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
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7A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current
Zoning Bylaw Requirements. (Lines A and B in case of a lot split)
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
A. _ LI L 2- % Ll z
B.
7B. Existing Lot:
Minimum L.ot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
�2D 0 0
7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
7D. Required Lot: (As required by Zoning Bylaw&Table 2)
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
%
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
8A. Existing Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
*References Uses from the Zoning Bylaw&Table 1.
State number of units in building(s).
8B. Proposed Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
�c/)C) lit zoo AIA
*References Uses from the Zoning Bylaw&Table I
**State number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signatures of Petitioner(s)are required)
I am (we are) the owner(s) of the property subject to this variance petition and I (we) consent and certify as
follows:
1. I (we) grant permission for officials and employees of the Town of North Andover to access my property
for the purposes of this petition;
2. 1 (we) certify that I (we) have read the Board's Rules and Procedures before submittal to ensure the
completeness of my (our)petition;
3. 1 (we) certify that all the statements within this application and attachments are true and accurate to the
be t of my (our) 1, jowled ,d b e
X 0_7
(Petitioner Signature) (Dale)
X
(Petitioner Signature) (Date)
If Applicable:
Name of Attorney/Agent for Applicant:
Address of Attorney/Agent:
Phone Number of Attorney/Agent:
Email Address of Attorney/Agent:
Page 6 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
9. PLAN OF LAND 6. Names addresses and phone
Each application to the Zoning Board of Appeals shall numbers of the applicant,owner or
be accompanied by the following described plan. record,and land surveyor.
Plans must be submitted with this application to the 7. Locus
Town Clerk's Office and the ZBA secretary at least
thirty(30)days prior to the public hearing before the 9. D. Minor Project
Zoning Board of Appeals. Minor projects,such as decks,sheds,and
garages,shall require only the plan information
A set of building elevation plans by a Registered as indicated with an asterisk(*). hi some cases
Architect may be required when the application further information may be required.
involves new construction/conversion/and/or a
proposed change in use. 10. APPLICATION FILING FEES
10.A. Notification fees: Applicant shall provide
9. A. Major Projects a check or money order to: "Town of North
Major Projects are those,which involve one of the Andover"for the cost of first class,certified,
following whether existing or proposed: return receipt x#of all parties in interest
1). Five(5)or more parking spaces, identified in M.G.L ch.40A§11 on abutters list
I1). Three(3)or more dwelling units, for the legal notice check. Also,the applicant
I1I).2,000 square feet of building area. shall supply first class postage stamps for each
Major Projects shall require,that in addition to the 9B address listed on the abutter's list,plus an
&9C feature,that the plans show detailed utilities, additional two(2)for the decision mailing.
soils,and topographic information. 10.B. Mailing labels: Applicant shall provide
*9. B. Plan Specifications: four 94)sets of mailing labels no larger than
1). Size of plan: Ten(10)paper copies of 1"x2-5/8"(Three(3)copies for the Legal,and
a plan not to exceed 11"xl7", one(1)copy for the Decision mailing).
preferred scale of V=40'
lI). Plan shall be prepared,stamped and 10.C. Applicant shall provide a check or
certified by a Registered Professional money order to:"Town of North Andover"per
Land Surveyor. Please note that plans the 2005 Revised Fee Schedule.
by a Registered Professional Engineer.
Registered Architect,and/or a 01- A Variance once granted by the ZBA will
Registered Landscape Architect may lapse in one(1)year if not exercised and a new
be required for Major Projects. petition must be submitted
*9. C. *Required Features On Plan.
I). Site Orientation shall include:
I. North point
2. Zoning distriet(s)
3. Names of streets
4. Wetlands(if applicable)
5. Abutters of property,within 300'
radius
6. Locations of buildings on adjacent
properties within 50' from
applicants proposed structure
7. deed restrictions,easements.
11). Legend&Graphic Aids shall
include:
I. Proposed features in solid lines&
outlined in red
2. Existing features to be removed in
dashed lines
3. Graphic scales
4. Date of Plan
5. Title of Plan
Page 7 of 7
Zoning Bylaw Denial
Town Of North Andover Building Department
120 Main St., North Andover, MA 01845
Phone 978-688-9545 Fax 978-688-9542
Street: 38 Chestnut Court
Map/Lot: 060.C-0054
Applicant: Charles &Amanda Juliand
Request: Variance
Date: 1/28/2026
Please be advised that after review of your Application and Plans that your Application is DENIED for the following
Zoning Bylaw reasons:
Zoning
Item Notes Item Notes
A Lot Area F Frontage
I Lot area Insufficient I . Frontage Insufficient
2 Lot Area Preexisting 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage
-4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed G Contiguous Building Area
2 Not Allowed I Insufficient Area
-3 Use Preexisting 2 Complies
4 Special Permit Required 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
-1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies
3 Left Side Insufficient X 3 Preexisting Height
-4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexisting setback(s) I Coverage exceeds maximum
7 Insufficient Information 2 Coveraqe Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed 4 Insufficient Information
2 In Watershed j Sign
3 Lot 'prior to 10/24/94 1 Sign not allowed
-4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
- 1 In District review required 1 More Parking Required
. 2 Not in district 2 Parking Complies
3 Insufficient Information 3 Insufficient Information
4 Pre-existing Parking
Remedy for the above is checked below.
Item# Special Permits Planning Board Item # Variance
Site Plan Review Special Permit C-3 Setback Left Side
Access other than Frontage Special Permit Parking
Frontage Exception Lot Special Permit Lot Area
— Common Driveway Special Permit Height
— Congregate Housing Special Permit Sign
— Continuing Care Retirement Special Permit Contiguous Building Area
— Independent Elderly Housing Special Permit Special Permits Zoning Board
— Large Estate Condo Special Permit Special Permit Non-Conforming Use ZBA
Planned Development District Special Permit Earth Removal Special Permit ZBA
Planned Residential Special Permit Special Permit Use not Listed but Similar
— R-6 Density Special Permit S ecial Permit for Sign
— Watershed Special Permit I pecial Permit preexisting nonconforming
I Frontage
Plan Review Narrative
I'he following narrative is provided to further explain the reasons for denial for the application/ permit for the
property indicated on the reverse side:
`Itenn Reasons for Denial'
Refe,Irence '
C-3 Applicant is located in the Residential 3 Zoning District A 20 foot side
setback is required. Applicant is requesting a 14.2 Foot left side setback for
building a 10'x20' Shed. A relief of 5.8 feet is requested.
The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall
be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the
above reasons for any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall
be grounds for this review to be voided at the discretion of the Building Department. The attached document titled"Plan Review Narrative"
shall be attached hereto and incorporated herein by reference. The Building Department will retain all plans and documentation for the above
w,.file.You musk file a new, permit application form and begin the permitting process.
Si .,....
_1/5/2026 1/28/2026
Buildi Ag bepartment Official Signature
ature Application Received Application Denied
Denial Sent:_1/28/2026 If Faxed Phone Number/Date:
Referred To:
Fire Health
Police Zoninq Board
Conservation Depart ent of Public Works
Planning Historical Commission
Other BUILDING DEPT
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PROPOSED PLOT PLAN
38 CHESTNUT COURT
NORTH ANDOVER, MASSACHUSETTS
Prepared By
LeBlanc Survey Associates, Inc.
161 Holten Street
Danvers, MA 01923
ZONING DISTRICT — R3 (978) 774-6012
May 8, 2025 Scale: 1"--20'
Revised December 8, 2025
REFERENCES: HOR. SCALE IN FEET
1) Deed Book 18261 Page 24 0 20 50 100
2) Plan #6639
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT: MGL 40A,section 11 states in part'Parties In Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly opposlteon any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town*
Subiect Property:
MAP PARCEL Name Address
60.0 54 Charles Juliand 38 Chestnut Court North Andover,MA 01845
Abutters Properties
Map Parcel Name Address
25 66 AIMCO/TTA 13155 Noel Rd,Ste.100 LB 235 Dallas,TX 75240
47 12 Albert Deldotto 39 Rosedale Avenue North Andover,MA 01845
47 136 George Gray 49 Rosedale Avenue North Andover,MA 01845
60 120 Ana Lopez 165 Chestnut Court North Andover,MA 01845
60 121 Anthony Bargnesi 17 Quail Run Lane North Andover,MA 01845
60 122 Melissa Constable 31 Quail Run Lane North Andover,MA 01845
60 123 George Koehler 41 Quail Run Lane North Andover,MA 01845
60 124 Matthew lorio 53 Quail Run Lane North Andover,MA 01845
60 125 Joseph Musumeci 63 Quail Run Lane North Andover,MA 01845
60 138 James Salvatore 40 Quail Run Lane North Andover,MA 01845
60.0 3 John McGarry 401 Andover Street North Andover,MA 01845
60.0 4 Ashley Hebert 25 Chestnut Court North Andover,MA 01845
60.0 9 Peter Ayer 127 Chestnut Court North Andover,MA 01845
60.0 10 John Tangstrom 155 Chestnut Court North Andover,MA 01845
60.0 11 Thomas Mannion 44 Longwood Avenue North Andover,MA 01845
60.0 12 Robert&Deborah Gartside 50 Longwood Avenue North Andover,MA 01845
60.0 13 John Wright 66 Longwood Avenue North Andover,MA 01845
60.0 14 Anita Fionte 82 Longwood Avenue North Andover,MA 01845
60.0 15 Matthew Willis 100 Longwood Avenue North Andover,MA 01845
60.0 17 Jeffrey Durney 48 Rosedale Avenue North Andover,MA 01845
60.0 19 Robert Losco 32 Rosedale Avenue North Andover,MA 01845
60.0 22 Silva Farina 24 Rosedale Avenue North Andover,MA 01845
60.0 23 Jules,Piter,Edson 49 Longwood Avenue North Andover,MA 01845
60.0 25 Matthew Tortora 39 Longwood Avenue North Andover,MA 01845
60.0 26 William Bean 31 Longwood Avenue North Andover,MA 01845
60.0 50 Jonathan Grasso 67 Longwood Avenue North Andover,MA 01845
60.0 51 Giuseppina Savi 68 Longwood Avenue North Andover,MA 01845
60.0 52 Jennifer Pollina 18 Chestnut Court North Andover,MA 01845
60.0 53 Richard Vaillancourt 28 Chestnut Court North Andover,MA 01845
60.0 55 Pamela Picard 45 Chestnut Court North Andover,MA 01845
that the narn app ing on theDate 2/4/2026
This c®rtifof as of Page 1 of 1
records o" �e a se�aor"��
c®r�rigd by:
®ate �,�I 2,6
Bk 18261 Pg24 #6274
04-25-2025 @ 11 : 33a
MASSACHUSETTS STATE EXCISE TAX
Essex North Registry
Date: 04-25-2025 # 11:33am
Ctl#; 32 Doc#: 6274
Fee: $3,933.00 Cons: $862,500.00
QUITCLAIM DEED
Kathleen A.Sampson,unmarried,of North Andover,Essex County,Massachusetts
For consideration paid and in full consideration of Eight Hundred Sixty-Two Thousand
Five Hundred and no/100($862,500.00)Dollars
Grant to Charles S.Juliand and Amanda B.Juliand,husband and wife,as tenants by the
CJ entirety,now of49.Chestnut Court,North Andover,MA 01846
With QUITCLAIM COVENANTS,
A certain parcel of land with the buildings and improvements thereon situated in North Andover,
Essex County, Commonwealth of Massachusetts, being shown as Lot 6 on a plan of land entitled
T- "Plan of Chestnut Court,North Andover,owned by J&V Realty Trust"Scale I"—40',dated
January 28, 1972 and recorded in the Essex North Registry of Deeds as Plan No. 6639.
Said lot being more particularly bounded and described as follows:
EasterI 155.71 feet b Lot No.7 as shown on said plan;
Y� Y
Southerly and Southwesterly: by the curved line of the way 261.55 feet;
Westerly: 274.33 feet by land now or formerly of Bressard
(�p and Broadhead.
Containing 25,480 square feet of land,more or less.
The premises are conveyed subject to all easements and restrictions of recorded,insofar as the
same are now in force and effect.
The Grantor swears and affirms under pains and penalties of perjury that she releases all rights of
homestead in the premises to which she may be entitled as a matter of record or by operation of
law and further that there are no other persons residing in the premises entitled to the protection
of the homestead act.
Intending to convey and hereby conveying the same premises as conveyed to the Grantor by
deed of Vincent J.McAloon,Trustee by deed dated March 27, 1973 and recorded with
saidRegistry of-Deeds in Book 1214, Page 641, See,Death Certificate of Edward Sampson,Jr.,
Massachusetts Estate Tax Release,and Estate Tax Affidavit recorded herewith.
Bk 18261 Pg25 #6274
Bk 18261 Pg25 #6274
Witness my hand and seal this U-day of April 2025.
Kathleen A.Sampson
COMMONWEALTH OF MASSACHUSETTS
Norfolk,,ss. DATE:
S
On this day of April 2025 before me,the undersigned notary public,personally appeared
Kathleen A.Sampson,proved to me through satisfactory evidence of identification which were
MA DRIVER's LICENSE,to be the person whose name is signed on the preceding or attached
document,aitd acknowledged to me to be the person whose name is signed on the preceding or
attached documents,and acknowledged to me that he/she/they signed it voluntarily.
MAR[I d� Notary ftbli
My Commission Expires:
j�j�ut�iy�anFxpiresSeptemt�s26,24�
Locus: 38 Chestnut Court,North Andover,MA 01845
M. PAVL IANNUCCILLO, REGISTER l
�. ESSEX NORTH REGISTRY OF DEEDS i
E-RECORDED