HomeMy WebLinkAboutDecsion - Variance - Time Stamped - Decision - 20 BROWNS COURT 9/1/2026 i
Town of North Andover
ZONING 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 Meviberr
Matthew J.Ginsburg
Zachary J.Hachey
Melissa Rutherford
Any appeal shall be filed within twenty Notice of Decision
days after the date of ding 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 23,2026
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
Applicant, by application filed 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 r;,ear 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 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 heariq at North Andover Town Hall, 120 Main Street,North Andover, MA on
Tuesday, August 18, 2026 at 1:30 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 Andover Consultants,Inc. dated April 18,2025 with a revision date of July 15,
2026
The Property is located at 20 Browns Court in the R-4 Zoning District.
PETITION 2024-0015 Page I of 3
Town of North Andover
ZONING BOARD OF APPEALS
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, 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 finds 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.
IH. 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 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
The Chair declared the Board's'ivote to be 4-1 to GRANT THE VARIANCE,
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
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 that 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
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 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.
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END OF DOCUMENT
PETITION 2026-015 f Page 3 of 3