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Home My WebLink AboutRecorded Decision - Decision - 427 SUMMER STREET 6/24/2026 Town of North Andover This is certify that twenty(20)days have elapsed from date of decision without filing of,;an a peal,. ZONING BOARD OF APPEALS Date odlo W Carla ne Warren Michael T.Lis,Chair aw rren Laura Craig-Comin,Vice Chair Town Clerk Time Stamp Town Clerk Fraakj,Xillilea,Qrh Alexandria Ajpxdbs;Esq., James M.,Testa Matthew T.Ginsburg Zachatyj.Racfiey Melissa Ruthqdoid Any appeal shall be'filed within twent -'y Notice dbecjslolff A Wtfe'&'P Y days:after&e date of f1ling.of-thjs�notice Cate)idar Year 'in the office of the Town Clerk putgua ant t 6 o Mass. Gen.L.,ch.40A,-g 17 -M APPLICANT: APPLICATION DATE:Keym and Carole Loughran Apri123,2026 PROPERTY: HEARING A DATE: 427 Summer Street May'26,2026 North Andover,MA 01845 Map 0107.A,Parcel 0082 PETITION: 2 0 2026=*010 3 -12-:11.101 .6.......2- DL C..If 2 I. PROCEDURAL 111STOPY AND STATEMENT OF F-A..CT !% .Applicant by application filed Api.ff 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 co'nstructing .4 10' x, .14' shed; specifically-, Applicant has requested a side setback needing'a relief variance Of10 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 I mailing and publication. Legal notices were, -sent to all'certified abutters provided by the Assessor's Office of the Town of North Andover and -woke published in The Eagle-Ribune, a newspaper-of general circulation in the Town of North Andover, oii,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 1.0cated 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 Edward J. Farrell dated October 6,2004. The Property is located at 427 Summer Street-in the B-2 Zoning District. PETITION2026-010 Pagel of3 Town of North Andover Aff U,ST. ZONING BOARD OF APPEALS A Ihie Copy Town Clerk M-DEN"G.S/DISCUSSION/CONDITIONS- The Board has made careful-studyof the materials submitted and the information presented at the hearing. The Board finds that owing to circumstances relating to soil conditions, shape, or topogaphy of the land -or structures and especiallyaffecting such land or structures u6tures 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 101 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, M. MOTION,VOTE,AND DECISION On May 26,2026,the Board voted to close the public Bearing. earing. A motion was made by Frank J. Killilea and seconded by James Testa to grant the variance requested- under Section 19373.3 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 8ketch'by Edward J.- Farrell dated October 6,2004. The voting members in favbr 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. 1V01h Andover Zoning Board of Appeals Michael T.Lis,Chair Laura Craig-Comin,Vice Chair Frahk J.Killilea, Clerk Alexandria A.'Jacobs, cobs,Esq. Janos M.Testa Matthew J. Ginsburg,Esq.. Zachary J.Hachey Melissa Rutherford Decision 2026-010 Notes: PETEFION 2026-010 Page 2 of 3 AT TE 8 T. Town-of North Andover A T�ue Copy ZONING BOARD OF AP' P]BALS 1. A decision granting a variance or a special permit shall notbb in effect until a certified copy of the.decision is:recorded at the Essex County Registry of Deeds; Northern District at Ap p* licanfs expense. Further provided that if the Property is registered land,their a certified copy of the decision-shall also be filed with the Land Coi:4t. 2, A decision grant ing a variance or special permit as requested by.Applicant does'not-necessarily. eft$urd.the 'granting of A building.,perpit because Applicant mu abide by all applicable..lkablo local . . . I must ,. state,and federal building codes and regulations prior to the issuance of building permit as required by-the1nspector of Buildings*.' I Generally, (a)if the..rights authorized by a decision granting, variance aro not exercised w I - decision a v, ce . ithir one y t then rights shall lapse and may be re-established after I (1)year of the date of the grant' notice and:a new hearing pursuant to the provisions of.Masg. Gen.L...ch.40A, § 10,and(b)the rights authonized 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 on has commenced pursuant to the p Tu . provisions of Town of North Andover'Zoning Bylaws Section 195- 10;7. TM REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DocumEn PETITION 2026-0 10 Page of3 i RECEIPT Printed: June 24, 2026 4 to;'L2:21 Essex North Registry M. PauRegastercillo Trans#: 8048 Oper:KEVINZ LOUGHRAN Book;-18616-Page:e12Ist#: 10316 Ctl#: 27 Rec:6-24- 026 C� 10:22:16a NAND 427 SUMMER ST TRANS AMT DOC DESCRIPTION ----_- DECISION 50,00 Surcharge „PA $50;00, . .50.00 50.00 recording fee 5.00 j 5.00 TECH FEE --------- Total fees: 105.00 Total charges: 105.00 105.00 CHECK PM 4007 t ,