HomeMy WebLinkAboutDecision - Time Stamped - Decision - 427 SUMMER STREET 6/4/2026 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 40
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:
Kevin and Carole Loughran April 23,2026
—PROPERTY: HEARING DATE:
427 Summer Street May 26,2026
North Andover,MA 01845
Map 0107.A, Parcel 0082 PETITION:
2026-010
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed April 23, 2026, has requested a Variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-3.3, for one side setback in the R-2 Zoning District for the
purposes of constructing a 10' x 14' shed; specifically, Applicant has requested a side setback
needing a relief variance of 20 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 May 11, 2026 and
May 18, 2026.
The Board held a public hearing at North Andover Town Hall, 120 Main Street, North Andover, MA on
Tuesday, May 26, 2026 at 7:30 p.m. with respect to the Property, which is located in the R-2 Zoning
District.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) A plan entitled septic location sketch by F"dward J. Farrell dated October 6, 2004.
The Property is located at 427 Summer Street in the R-2 Zoning District.
PETITION 2026-010 Pagel of3
Town of North Andover
ZONING BOARD OF APPEALS
11. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing,
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 build a 10' x 14' shed pursuant to the Town of North Andover Zoning Bylaws Section 195-3.3
in the R-2 Zoning District in accordance with the plan, other material, and testimony at the public hearing.
H1. MOTION,VOTE,AND DECISION
On May 26,2026,the Board voted to close the public hearing.
A motion was made by Frank J. Killilea and seconded by Jaynes Testa to grant the variance requested
under Section 193-3.3 of the Zoning Bylaws to allow a side setback needing a relief variance of 20
feet in accordance with the following plans and other materials:
(1) A plan entitled septic location sketch by Edward J. Farrell dated October 6, 2004.
The voting members in favor of the variance: Michael T.Lis,Laura Craig-Comin,James M.Testa,
Frank J.Killilea and Melissa Rutherford
The voting members against the variance: None
The non-voting members present: Matthew J. Ginsburg
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 2026-010
Notes:
PETITION 2026-010 Page 2 of 3
Town of North Andover
ZONING BOARD OF"PEALS
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. 4 OA, § 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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END OF DOCUMENT
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