HomeMy WebLinkAboutDecision - Time Stamped - Decision - 79 CHICKERING ROAD 8/21/2026 i
Town of North Andover
�ONING 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.IIachey
Melissa Rutherford
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of t is notice Calendar Year 2026
in the office of the Town Clerk pursuant
to Mass. Gen.L. ch.40A, § 17
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APPLICANT: APPLICATION DATE:
Lawrence Welch July 16,2026
PROPERTY: HEARING DATE:
12 Heath Circle August 18,2026
North Andover,MA 01845
Map 60A,Parcel 17 PETITION:
2026-0012
I, PROCEDURAL HISTORY AND STATEMENT OF FACTS
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 remodeling in the R-3, Zoning District; specifically, Applicant has requested a
side setback needing a relief variance of 2.7 feet with respect to the Property.
The Applicant requires a heari ig before the North Andover Zoning Board of Appeals("Board"), and due
notice of the hearing was givn 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 and were published in The
Eagle-Tribune,a newspaper of general circulation in the Town of North Andover, on August 3,2026 and
August 10,2026.
The Board held a public hear�'g at North Andover Town Hall, 120 Main Street,North Andover, MA on
Tuesday, August 18, 2026 at 7:30 p.m. with respect to the Property, which is located in the R-3 Zoning
District.
The following plans and exhibiI s were submitted with the Application or at the public hearing:
(1) Plot plan by GPI d ted June 24,2026.
The Property is located at 12 Heath Circle in the R-3 Zoning District.
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PETITION 2026-012 Page 1 of 3
Town of North Andover
ONING BOARD OF APPEALS
H. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful s dy of the materials submitted and the informatid n presented at the hearing.
The board finds that, in accordance with Massachusetts General Law 40A Section 10, that strict
enforcement of side setbacks in the Zoning Bylaws as written would result in practical difficulty.
Therefore, the Board finds th Applicant has satisfied the provisions to allow:the 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, d testimony at the public hearing.
III. MOTION,VOTE,AND DECISION
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 Zonin Bylaws to allow the
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construction of an addition, al emation and remodeling in accordance with the following plans and other
materials:
(1) Plot plan by GPI d ted June 24,2026.
The voting members in I f the variance: Michael T.Lis,James M. Testa,Frank J.Killilea and
Alexandria Jacobs,Matthew J. Ginsburg
The voting members against th,-variance: None
The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
Korth 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
PETITION 2026-012 Page 2 of 3
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Town of North Andover
�ONZNG BOARD OF APPEALS
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Notes:
1. A decision granting a�ariance 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 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 by all applicable local,
state,and federal build ng codes and regulations prior to the issuance of,a building permit as
required by the Inspect r 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
1 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 ecision granting a special permit shall be deemed to have lapsed after a
two(2)year period fro the date of the grant unless substantial use or construction has
commenced pursuant t the provisions of Town of North Andover Zoning Bylaws Section 195-
10.7.
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PETITION 2026-012 Page 3 of 3