HomeMy WebLinkAboutDecision - Recorded - Decision - 79 CHICKERING ROAD 9/21/2026 �J
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Town of North Andover -
ONING BOARD OF APPEALS =^_
Michael T.Lis,Chair Town Clerk Time tamp
Laura Craig-Comin,Vice Chair i
Frank J.1Cillilea,Clerk
Alexandria A.Jacobs,Esq.,
James M.Testa.
As odateMembers
Matthew J.Ginsburg
Zachary J.Hachey
Melissa Rutherford
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Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of `s notice Calendar Year 2026 {
in the office of the Town Cler, pursuant
to Mass. Gen.L..ch.40A, § 17
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APPLICANT: APPLICATION DATE;
Lawrence Welch July 16,202..6 I
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PROPERTY: HEARING DATE:
12 Heath Circle August 18,2026
North Andover,MA 01845 i
Map 60A,Paree1.17 PETITION:
2026-0012
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I. PROCEDURAL HISTORt, AND STATEMENT OF FACTS i
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Applicant,, by application filed July 16, 2026 has requested a Variance pursuant to Town of North
Andover Zoning Bylaws; Section 195-7.3, Table 2 (Dimensional Requirements) for constructing an,
addition, alteration and remod ling in the R-3, Zoning District; specifically, 4pplicant has requested a
side setback needing a relief variance of 2.7 feet with respect to the Property. j
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The Applicant requires a hearbig before the North Andover Zoning Board of Appeals ("Board"), and due
notice of the hearing was giv n by mailing and publication.. Legal notices were sent to all certified
abutters provided by the Asse sor's .Office of the Town of North Andover aid were published in The
Eagle-Tribune,a newspaper o general circulation in the Town of North Andover, on August 3,2026 and
August 10,2026..
The Board held a public hear' jg at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday, August 18, 2026.at :30 p.m. with respect to the Property, which is located in the R-3 Zoning
District. I ':
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The following plans and exhib'j s were submitted with the Application or at the Public hearing:
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(1) Plot plan by GPI d ted June 24,2026.
The Property is located at 12 eath Circle in the R-3 Zoning District. i
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++ This is certify that twenty(20)days
I have elapsed from date of decision i
without filing of an appea.
Date�Z r/ �b i
Carla Dawne Warren
Town Clerk i
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PETITION 2026-012 1 Page I of 3
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Town of North Andover
ONING BOARD OF APPEALS
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H. FINDINGS/DISCUSSION/CONDITIONS 1
The Board has made careful sti idy of the materials submitted and the informatid� presented at the hearing.
The board finds that, ,in accordance with Massachusetts General Law 40A Section 10, that strict
enforcement of side setbacks i the Zoning Bylaws as-written would result in pry, ical difficulty.
Therefore, the Board finds that Applicant has satisfied the provisions to allow life requested variance in
order to construct an addition, alteration and remodeling pursuant to the Town[of North Andover Zoning
Bylaws Section 195-7.3 Table 2 (Dimensional Requirements) in the R 3 Zoning District in accordance
With the plan,other material, aj id testimony at the public hearing.
III. MOTION VOTE AND E.CISION
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On August 18,2026,the Board voted to close the public hearing.
A motion was made by Frank J. Killilea and seconded by James Testa to grant the variance requested
under Section 195-7.3 Table 2 (Dimensional Requirements), of the Zoning Bylaws to allow the
construction of an addition, 611 ernaflon and remodeling in accordance with the 1following plans.and other
materials:
(1) Plot plan by GPI d ited June 24,2026.
The voting members in favor-of the variance: Michael T.Lis,James M.Test4,Frank J:Killilea and
Alexandria Jacobs,Matthew J.1Ginsburg
The voting members against th variance: None
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The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
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orth 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 2026-012
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Page 2 of 3
PETITION 2026-012 f
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Town of North Andover
ONING BOARD OF APPEALS
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Notes:
1. A decision granting a variance or a special permit shall not be in.effect I}ntil a certified copy of
the decision is recorder.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 f led with the Land Court.
2. A decision granting a ariance or special permit as requested by Applicant does not necessarily
ensure the granting of building permit because Applicant must abide b`y alt applicable local,
state,and federal building codes and regulations prior to the issuance of a building permit as
required by the Inspect r of Buildings.
3. Generally,(a)if the ri is authorized by a decision granting a variance are not exercised within
one(1)year of the dat of the grant then such rights shall lapse and maybe re=established after
notice and a new hear' g pursuant to the provisions of Mass.Gen.L.chi 40A, § 10, and(b.)the
rights authorized by a ecision granting a special permit shall be deeme4 to have lapsed after a
two(2)year period fro 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-
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Page 3 of 3
PETITION 2026-012
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d RECEIPT
Printed: September 21, 2026 a 9;03:
I Essex North Registry
M. Paul Iannuccillo
Register
Trans#: 12412
LAWRENCE E & LESLIE WEALCH LRRECJON
Book: 18696 Page: 122 Inst# 16524
ICtl#: 28 Rec:9-21-2026 ® 9:03.17a
NAND 12 HEATH CIR
DOC DESCRIPTION TRANS ANT
DECISION ---------
Surcharge CPA $50.00
50.00 recording fee 50.00
5.00 TECH FEE 50.00
5.00
Total fees; ---
* Total charges: 105.00
} 105.00
1 CHECK PM 9272
105.00
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