HomeMy WebLinkAboutDecision - SP - Recorded - Decision - 20 BROWNS COURT 10/7/2026 Town of North Andover
ZONING BOARD OF APPEALS
Michael T.Lis,Chair ' Town Clerk Time Starnp
Laura Craig-Comin,Vice Chair -
Frnk.J.Killilea,.Clerk
Alexandria A.Jacobs,Esq,,
James M.Testa
AsrociafeMemberr
MatthewJ.Ginsburg
Zachary J.Hachey
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:
Centro de Apoyo Familiar, Successor to Bread& July 23,202.6
Roses Housing,Inc. _
PROPERTY: HEARING DATE:
20 Browns Court August 18,2026
North Andover,,MA 01845 _
Map 041,Parcel 0034 PETITION:
2026-0015
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed July 23, 2026,has requested a Special Permit pursuant to Town of North
Andover Zoning Bylaws, Section Sections 195-3(N)(1:j(b), 195-4 3N(4) and 195-10.7 to raze an
existing structure and construct a two-family dwelling 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 August 3,2026 and
August 10,2026.
The Board held a public hearing at North Andover Town'Hall, 120Main 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-4 Zoning
District.
The Property is located at 20 Browns Court in the R-4 Zoning District.
H. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing.
The Board finds that under Section 195--10.7(A) of the Bylaws and as conditioned-below,(a)the Property
is an appropriate location for the use, structure, or condition, (b)the use as developed will not adversely
affect the neighborhood, (c) there will be no nuisance or serious Hazard to vehicles or pedestrians; (d)
adequate and appropriate facilities will be provided for the proper operation,of the use, and(e)the use is
in harmony with the general purpose and intent of the Bylaws.
This 1�ce't'j4Y that bNenty(20)days
have elapsed from dare of decision
ithot filing of an appeal.
wu
PETITION 2026-015 Date �� 2 Page 1 of 3
Carla Dawne warren
Town Clerk
P
Town of North Andover
ZONING BOARD OF APPEALS
'The Board further finds that under Section 195-9.1 of the Bylaws and as conditioned below, the
Applicant's proposed change,extension, or alteration to the Propertylis not substantially more detrimental
to the neighborhood than the existing conditions.
The Board attaches the following conditions to the findings and this decision:
(1) Dark sky standard.for exterior lighting is applied.
Therefore,the Board finds that Applicant has satisfied the provisions:to allow the requested special permit
in order to raze an existing structure and construct a two-family dwelling pursuant to the Town of North
Andover Zoning Bylaws Sections 195-3(N)(1)(b), 195-4 3(N)(4)and 195-10.7 in the R-4 Zoning District
in accordance with the plans,other materials,and 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 Killilea and seconded by James`1'esta'to grant the special permit requested
under Sections 195-3(N)(1)(b), 195-4 3(1)(44) and 195-10.7 of the;Zoning Bylaws to raze an existing
.structure and construct a two-family dwelling.
The voting members in favor of the variance: Michael T.Lis,James M.Testa,Frank J.Killilea and
Zachary Hachey
The voting members against the variance: Alexandria Jacobs
The Chair declared the Board's vote to be 4-1 to GRANT THE SPECIAL PERMIT.
f1lorth Andover Zoning Board of Appeals
Michael T.Lis,Chair
Laura Craig-Comin,1 Vice Chair
Frank J.Killilea,Clerk
Alexandria A.Jacobs,Esq.
James M.Testa
Matthew J.Ginsburg,Esq..
Zachary J.Hachey
Melissa Rutherford
Decision 2026-015
PETITION 2026-015 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
Notes:
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 tat 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.40A,.§ 10,and(b)the
rights authorized by a decision granting a special permit shalt 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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
END OF DOCUMENT
i
i
PETITION 2026-015 Page 3 of 3
Printed: October 7, 2026 5 30:35;28
Essex North Registry
M. Paul Iannuccillo
Register
Trans#: 13332 Oper:KEVINZ
BREAD&ROSES
-----------------"------------------
Book: 18712 Page: 151 Inst#: 17815
Ctl#: 27 Rec:10-07-2026 0 10:35:21a
NAND
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
-------------------------------------
-------------------------------------
Book: 18712 Page: 154 Inst#: 17816
Ctl#: 28 Rec:10-07-2026 0 10:35:21a
NAND
DOC DESCRIPTION TRANS ANT
--- --------- ---------
DECISION
Surcharge CPA$50.00 50.00
50.00 recording fee 50.00
5.00 TECH FEE 5.00
Total fees: 105.00
Book: 18712 Page: 157 Inst#; 17817
Ctl#: 29 Rec:10-07-2026 3 10:35:21a
NAND
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
Book: 18712 Page: 160 Inst#: 17618
Ctl#: 30 Rec:10-07-2026®10:35:21a
NAND
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
Book: 18712 Page: 163 Inst#: 17819
Ctl#: 31 Rec:10-07-2026 0 10:35:21a
NAND
DOC DESCRIPTION TRANS ANT
--- ----------- ---------
DECISION
Surcharge CPA$50.00 50.00
50.00 recording fee 50.00
5.00 TECH FEE 5.00
Total fees: 105.00
Book: 18712 Page: 166 Inst#: 17820
Ctl#: 32 Rec:10-07-2026®10:35:21a
NAND
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: 630.00
CHECK PM 5150 630.00