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Home My WebLink AboutNotice of Decision - Recorded - Decision - 38 CHESTNUT COURT 5/20/2026 i Town of North Andover ZONING BOARD OF APPR:LS Kchael T.Isis,Chair Town Clerk T.ime Stamp Laura Craig-Comin,We Chaffs i Frank J:Kffdea,Clerk Alexandria.A.Jacobs,Esq., James M.Testa — Associate Metmberr :MatthewJ.Ginsburg Zachary.Hachey Melissa Rutherfdrd. .Any appeal shall be filed within twenty Notice of Derision days.after the date of fling of this notice Calendar Year 2026 r in the office of the Town'Clerk pursuant to Mass.Geri.L.ch. 40A, § 17 APPLICANT: APPLICATION DATE: Charles Juliand March 5,2026 PIROPERTY: HEARING DATE: 38 Chestnut Court April 14,2026 North Andover,MA 01845 Map 060.C.,Parcels 0054 PETITION: 2026-008 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed March 5, 2026, has requested a VarianNorth. Variance pursuamt to Town .of Andover Zoning Bylaws, Section 1954:3, Table-2 (Dimensional Requirements) for one side setback in the R 3 Zoning District for the purposes of constructing a 10' .x 20' shed in the:R-3 .Zoning District; specifically, Applicant has requested a side setback needing a relief variance of.5.8 feet with respect to the Property. The.Applicant.t'equires a,hearing before the North,Andover Zoning Board of Appeals("Board");,and due notice of the hearing•.was given by nailing 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,c)ri March 3 Q,2026 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 locattecl in the R-3 Zoning District. The following plans ar-W exhibits were submitted with the Application and at the public hearing: (1) Proposed plotI'lan prepared by LeBlanc Survey Associates,Tnc;;dated December 8,2025. The.Property is located at 38 Chestnut Court in the R-3 Zoning District. The Property is a pre-existing non--6onforming lot. This is certify that twenty(20)days have elapsed from date of decision without filing of appea)� � Date N �� ' 1 Carla Dawn, arr n Town Clerk ' Page I of 3 PETITION 2026-008 Andover Town of North 1 0 : ZONING BOARD OF APPEALS 11. 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 requosted. to circumstances relating to soil conditions, ghdpo� or.topography of the land The Board finds that:owing ,irc.um . ces re i or structures and especially affecting:suchland or structures but not affecting generally the zoning district in -of the IDY14ws ;will involve substantial hardship, general, a literal enforcement of the pibvisibiis� financial or otherwise,to Applicant,.and that desirable.reliefin U be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaws. Therefore,ft. Board finds that Applicant has satisfied the provisions to allow the requested variances i-d I order to build a 105 x-20' shed pursuant to the Town of North i dQVIer Zoning Bylaws Section 1 43, X. rt Ani Table 2 (Dimensional Requirements) in the R-3 Zoning District in accordance with the plan, -other material,and testimony at the public-hoaring. ][[I. MOTIoN,VOTE DECISION On April 14,2026 the,Board voted to close the public hearing. A motion was,made by Frank I Xillilea to grant the variance 'requested iii-ider. Section 195-4.3 Table 2 (Dimensional Requirements) of the Zbnin g Bylaws to allow the 5.8-feet relief with kespeot to the Property in accordance withthe*following plans and.other materials: (1) 'Proposed plotplan pepared by LeBlanc Survey Associates,lnc,dated Docewher.8,2025. -Comi�a,Frank.J.Killilea, favor of the variance: Michael T;Lis;LWT�a Craig The voting-members in Alexandria A.Jacobs; and Matthew.J. Ginsburg The voting-Members against the variance: None The non-voting riaombers'present: None The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE. NorthAndover Zoning Board ojrAppeOs Michael T.Lis, Chair Laura C—raig-COminpi-Vicp Chair Frank J.Killilea,Clark Alexandria A. Jacobs,Esq- James M.Testa Matthew J. Ginsburg,Esq. Zachary-I Ijachey Melissa Rutherford: Decision 2026-%008 Number -Page 2 of 3 PE-TITION2026-0108>> To,vvn.of North A.in.d'over ZONING BOARD OF APPEALS Notes: 1. A decision granting:a variance or a special permit shall not b'e;in effect until a certified copy of the decision is recorded at theEssey'County'Registry of D.eed's Northern District at Applicant's .expense. Further provided that if the Property is registered IaZ 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(toes 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 avariance 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 1.95- 10.7. THE REMAINDER OF THIS PAGE INTENTIONALLY I;EFT BLANK END OF DOCUMENT i i Page 3 of 3 PETITION 2026=008>> 1 RECEIPT Printed: May 20, 2026 ® 11:29:33 Essex North Registry M. Paul Iannuccillo Register Trans#: 6360 Oper:LRRECJON CASH Book: 18584 Page: 265 Inst#: 7912 Ctl#: 34 Rec:5-20-2026 ® 11:29:33a NAND 38 CHESTNUT CT 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 CASH PMT PAYMENT -CASH 105.00