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HomeMy WebLinkAboutDecision - Variance - Recorded - Decision - 20 BROWNS COURT 10/7/2026 T Town of North Andover ZONING BOARD OF APPEALS Michael T.Lis,Chair • Town Clerk Time Stamp Laura Craig-Comin,Vice Chair Frankj.Killilea,Clerk Alexandria A.Jacobs,Esq., James M.Testa Assadate Members Matthew J.Ginsburg Zacbaryj.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, § 171 APPLICANT: APPLICATION DATE: Centro de Apoyo Familiar, Successor to Bread& July 23,2026 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 i Applicant, by application file July 23, 2026, has requested a Variance pursuant to Town of North Andover Zoning Bylaws, Sections 195-7.2(A) and 195-7.3 (A&B) and Table 2 (Dimensional Requirements) in the R-4 Zoning District, specifically,Applicant has requested a front setback needing a relief variance of 17.1 feet a rear setback needing a relief variance of 6.1 feet, lot size needing a relief variance of 2,326 SF,and a frontage needing a relief variance of 60.99 feet with respect to the Property. The Applicant requires a hearir g 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 Asse$lsor's Office of the Town of North Andover and were published in The Eagle-Tribune, a newspaper ofigeneral 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, 120 Main Street,North Andover, MA on , Tuesday, August 18, 2026 at 71:30 p.m. with respect to the Property, which is located in the R-4 Zoning District. The following plans and exhibits were submitted with the Application at the public hearing: (1) Plan of Land by Ando�er Consultants,Inc. dated April 18,2025 with a revision date of July 15, 2026 The Property is located at 20 Browns Court in ire R-4 Zoning District. that 0 toNtl I cxed fii \S("qsed W e.� 'Wt t\0 PETITION 2024-0015 Page 1 of 3 i Town of North Andover ZONING BOARD OF APPEALS i II, F 1NGS/DISCUSSION/CONDITIONS I The Board has made careful study of the materials submitted and the information presented at the hearing. The board finds that, in accordance with Massachusetts General Law 40A Section 10, that strict enforcement of front setback;a rear setback and the lot size in the Zoning Bylaws as written would result in practical difficulty. Therefore, the Board fmds that Applicant has satisfied the provisions to allow the requested variance in order to for the purposes of constructing a two family dwelling pursuant to the Town of North Andover Zoning Bylaws Sections 195-7.2(A) and 195-7.3 (A&B) and Table 2 (Dimensional Requirements) in the R-4 Zoning District in accordance with the plan,other material,and testimony at the public hearing. I i III. MOTION,VOTE,AND iDECISION On August 18,2026 the Board jvoted to close the public hearing. I A motion was made by Frank Killilea and seconded by James Testa to grant the variance requested under Sections 195-7.2(A) and 195-7.3 (A&B)and Table 2 (Dimensional Requirements) of the Zoning Bylaws to allow the construction a two family dwelling in accordance with the following plan and other materials: (1) Plan of Land by Andover Consultants,Inc. dated April 18,2025 with a revision date of July 15, 2026. The voting members in favor of the variance: Michael T.Lis,James M.Testa,Frank J.Killilea and Matthew Ginsburg The voting members against the variance: Alexandria Jacobs i The Chair declared the Board'slvote to be 4-1 to GRANT THE VARIANCE. i i i 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 j D'ecision 2026-015 I� I� j PETITION 2026-015 Page 2 of 3 I i 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 that if the Property is registered land,then a certified copy of the decision shall also be fled 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 two(2)years of the date of the grant exclusive of time required to pursue other entitlements 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 shall be Ideemed 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. i THE 4MA1NDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT i i j I i I I I I i i i i i i I I PETITION 2026-015 Page 3 of 3 Printed: October 7, 2026®10:35:28 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.OD 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 9 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: 157 Inst#: 17817 Ctl#: 29 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: 160 Inst#: 17818 Cti#: 30 Rec:10-07-2026 0 10:35:21a NANO 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 D 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: 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