HomeMy WebLinkAboutMemo to ZBA in Support - Correspondence - 14 BROWNS COURT 7/30/2026
MEMORANDUM
To: Town of North Andover Zoning Board of Appeals(“ZBA”)
Applicant:Centro de Apoyo Familiar
Properties:14, 16 and 20 Browns Court
Map 041, Parcels 13, 47 and 34
Date: July 30, 2026
MEMORANDUM IN SUPPORT OF APPLICATIONS FOR
DIMENSIONAL VARIANCES AND TWO-FAMILY SPECIAL PERMITS
I.Summary of Relief Requested
The Applicant seeks dimensional variances from §195-7.2(A), §195-7.3(A)–
(C), and Table 2 (Summary of Dimensional Requirements) of the Zoning Bylaw
for front, side, and rear yard setbacks, lot area, and frontage for each of 14
Browns Court, 16 Browns Court and 20 Browns Court, to permit the razing of
existing structures and construction of a two-family dwelling on each lot. The
Applicant also seeks special permits under §195-4.3(N)(1)(b), §195-4.3(N)(4), and
§195-10.7 to authorize two-family use on each lot. The applications were filed
after the Building Commissioner denied building permits pending issuance of
dimensional variances and two-family special permits.
II. Background and Discussion
The properties which are now known as 14Browns Court, 16Browns
Court and 20 Browns Court were originally part of a larger parcel, with multiple
structures on a single lot. The structures were originally built in the early 1900’s,
prior to the adoption of subdivision and zoning laws. The single parcel was later
divided into the three (3) separate lots, as presently still exist, under an exception
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Memo to North Andover ZBA
Re: 14, 16 and 20 Browns Court
July 30, 2026
to the subdivision law that allowsfor the creation of separate nonconforming lots
wherea buildingthat predatedthe enactment of the subdivision laws then
remainedon each lot. The plan creating the lots and showing the then existing
structures, was endorsed by both the Planning Board and the ZBA and it was
recorded on April 27, 1982, with the Essex North District Registry of Deeds as
Plan No. 8865. A copy of the plan is attached hereto as Exhibit A.
Concurrently with approval of Plan No. 8865in 1982, the ZBAalso
approved a Variance to allow thethenexisting residential structures to lawfully
exist ontheseparate lots,with eachhaving less than the required lot area,
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. A Notice of Decision for these Variances was also
frontage and setbacks
recorded on April 27, 1982, with the Essex North District Registry of Deeds at
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Book 1572, Page 108
. A copy of the 1982 Variance is attached hereto as Exhibit B.
More recently, Bread & Roses Housing, Inc., a Massachusetts nonprofit
corporation, sought and obtained approvals in 2023 to raze the existing structure
located at20 Brown Court and to construct in its place a new two-family
dwelling. Thesemore recent setback variances and two-family dwelling special
permit, were issued by the ZBA on March 14, 2023, and recorded on May 10,
2023, with the Essex North District Registry of Deeds at Book 17736, Page 11 and
Book 17736, Page 14. Copies of the 2023 Special Permit and Variance are attached
hereto as Exhibit C.
After obtaining these approvals, Bread & Roses Housing, Inc.acquired
title to 20 Browns Court, in August, 2023,by deed recorded with the Essex North
Registry of Deeds at Book 17821, Page 213. Thereafter, in August, 2024, Bread &
Roses Housing, Inc. was merged with and into Centro de Apoyo Familiar, which
is also a Massachusetts nonprofit corporation. As such, Centro de Apoyo
Familiar became the owner of 20 Browns Court.
Prior to constructing thenew two-family dwelling on 20 Browns Court
(whichthe ZBAhad already approvedin2023), the adjacent properties located at
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The existing 1982 Variance did not make reference to the exact dimensional relief granted but did generally
cite relief for lot area, frontage and set backs and it included reference to the Variance Plan recorded as Plan
No. 8865, which shows the same lot dimensions as presently still exist. A new variance is clearly required for
the new setbacks which are changing, but the prior 1982 Variance would likely still remain valid with respect to
lot area and frontage. However, in an abundance of caution, because we are seeking new setback variances for
construction of new structures, we are seeking to obtain new lot size and frontage variances to avoid any future
confusion as to whether the prior variances remain in effect
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It is noted that the 1982 Variance makes reference to 16-18-20 Browns Court but the Lots are currently
known and numbered as 14, 16 and 20 Browns Court
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Re: 14, 16 and 20 Browns Court
July 30, 2026
14 Browns Court and 16 Browns Court also became available for sale. The
Applicantacquired title to both 14 Browns Court and 16 Browns Court(in
addition to 20 Browns Court),in July, 2025by deed recorded with the Essex
North Registry of Deeds at Book 18333, Page 100, and the Applicant has elected
to modify its prior 2023 approvals to pursue a coordinated redevelopment of all
three lots rather than proceed solely under the 2023 approvals for 20 Browns
Court.
The properties are all located in the Residence 4 (“R-4”) Zoning District
where the proposed use of the lots as two-family residential dwellings is
permitted with issuance of a two-family special permit. The Applicant now
proposes to raze all existing structures on all lots and construct a new two-family
dwelling on each lot, relocating the building footprints southeasterly on the
respective lots, to increase separation from the nearest Water Street abutter (61–
67 Water Street) and to also create greater separation between the proposed new
dwellings on the subject lots. In moving the structures in this manner, a more
significant variance is being requested for the “center” lot (ie, 16 Browns Court)
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than might typically otherwise be entertained. However, the Applicant has also
proposed granting a twenty foot (20’) use variance in favor of this lot over the
border of its abutting lot (ie, on 20 Browns Court), so as to ensure that an
adequate side setback buffer area is permanently maintained between the
buildings. For further reference, see the proposed easement area as shown on the
plot plan for 20 Brown’s Court included with the applications.
The proposed project would comply with all dimensional zoning
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requirements of the Zoning Bylaw, with the exception of the dimensional
variancesthat the Applicant has specifically requested.
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The Applicant proposes a 1 foot setback for the right side yard of 16 Browns Court, where a 15 foot set back
is required; however, with the benefit of the proposed 20 foot easement to be granted by 20 Browns Court in
favor of 16 Browns Court, this effectively results in a 21 foot set back from the edge of the easement area. In
addition, the proposed new structure on 20 Browns Court is located over 54 feet from the lot line (and 34 feet
from the edge of the proposed easement area) resulting in more separation between the structures than is
required by current side set back requirements (ie, 55 feet of separation where only 30 feet would be required if
both structures were at the minimum setback from the lot line). In addition, the Applicant entertained the
possibility of modifying the lots to shift the lot lines, but after an informal discussion with the Planning Board
it was determined that a new subdivision process to modify the existing lots was too complicated, expensive
and uncertain and was not feasible given the size and nonprofit nature of the Applicant and proposed
development.
4
The properties are also located in the Machine Shop Village Neighborhood Conservation District. As such, in
addition to the variance relief required under the Zoning Bylaw, the Applicant will also be required to comply
with design guidelines and obtain design approval from the Machine Shop Village Neighborhood Conservation
District Commission. The Applicant has proposed using the same plans and design as was previously approved
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Memo to North Andover ZBA
Re: 14, 16 and 20 Browns Court
July 30, 2026
Iii.Legal Basis for Variances
Pursuant to Massachusetts General Law and Section 10.8 of the Zoning
Bylaw (§195-10.8) variances have historicallybeengranted subject toa very strict
standard where the ZBA must findthata literal enforcement of the Zoning
Bylaw causes a substantial hardship (financial or otherwise) due to unique soil
conditions, shape, or topography that specifically affects the land or structure in
question but not the generaldistrictin which the land is located. Further, the
ZBA would need to find that desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially derogating
from the intent or purpose of the Zoning Bylaw.The Applicant’s requested
variancesshould satisfyall of suchhistoric requirements, including as follows:(i)
the narrow, shallow shape of the lots is not generally found throughout the R-4
Zoning District; (ii) as a result of the shape of the lots, absent the variances
requested, the Applicant would not be able to reasonably or feasibly redevelop
the properties in a manner consistent with abutting and nearby properties or
consistent with historic use of the lots, which would result in substantial
financial hardship; and (iii)the relief sought will be desirable and without
substantial detriment to the public good without derogating from the intent or
purpose of the Zoning Bylawbecause it will allow for ablighted area to be
substantially improved with aesthetically pleasing two-family homes that are
consistent with nearby and abutting properties. It is noted that the ZBA made
such findings on two (2) occasions previously, first in 1982 and again in 2023
when similar dimensional variances were previously granted.
Whilethe Applicant believes that it again meets the historic standards for
granting a variance, it should benoted that the standards have now been
substantially relaxed,withmuchgreaterdiscretion and leeway being affordedto
the ZBA to grant variances. The standards for granting a variance have been
modified by virtue of recently enacted House Bill No. 5555, being the Fiscal Year
2027 state budget (the “Bill”), that was just signed into law by Governor Maura
Healey on July 9, 2026. Section 47 of the Bill rewrote MGL c. 40A § 10, such that
the prior standard has been replaced with a broader “practical difficulty”
standard. As such the ZBA now should simply weigh the benefit to the
Applicant and the public, including the value of encouraging housing
production, against the potential detriment to the neighborhood's health, safety,
by the Commission when the 2023 Variance and Special Permit approvals were obtained as these designs were
well received by the Commission.
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July 30, 2026
and welfare. The ZBA may still also consider as factors whether the difficulty
stems from a property's soil, shape, or topography; whether strict enforcement
would cause financial hardship; whether the applicant could achieve the same
goal another way; and whether the applicant created the difficulty. But the
discretion is permissive, not mandatory, such that the ZBA now has significant
latitude to grant variances more readily than under the prior hardship standard.
More specifically, Section 10of 40A, setting forth the standard of granting
a variance, now reads as follows:
The permit granting authority shall… grant upon appeal or upon petition
with respect to particular land or structures a variance from the terms of
the applicable zoning ordinance or by-law if the permit granting authority
specifically finds that a strict enforcement of the ordinance or by-law
would result in a practical difficulty. In making its determination, the
permit granting authority shall weigh the benefits to the appellant or
petitioner and to the public interest, including the interest in supporting
the production of housing against the detriment to the public health,
safety and welfare of the neighborhood, and may also consider: (i)
whether the practical difficulty relates to soil conditions, shape or
topography of such land or structures; (ii) whether the strict enforcement
would impose a financial hardship on the appellant or petitioner; (iii)
whether the benefit sought by the appellant or petitioner can be achieved
by some other method feasible for the appellant or petitioner to achieve;
and (iv) whether the practical difficulty was self-created.
Clearly the ZBA might find in this case that the interests in providing
much needed affordable housing to the community outweighs any possible
detriment to the public health, safety and welfare of the neighborhood,
particularly where the subject properties have collectively already historically
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supported three (3) residential structures and perhaps up to five (5) units.
Accordingly, for the reasons stated above, the Applicant respectfully requeststhe
ZBA to grant the requested variances, and to allow the construction of the
proposed new buildings within the applicable front, side and rear setbacks as
requested, and to confirm and ratify the prior variances that were granted for lot
area and frontage.
5
It’s noted that 16 Browns Court is already a two-family structure as per the town’s assessor records and the
1982 Variance Plan appears to show 20 Browns Court having historically including two units; evidence of
multi-family use for 14 Browns Court was not noted
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Iv.Legal Basis for Special Permit
In addition to the requested variances, the Applicant is also seekinga
Special Permit to construct a two-family dwelling on each lot pursuant to §195-
4.3(N)(1)(b) and §195-4.3(N)(4) of the Zoning Bylaw. Special permit granting
criteria for multifamily conversions is found in §195-4.3(N)(4) of the Zoning
Bylaw and is satisfied in this case as follows:
1. The proposed project is consistent with the Master Plan as it will create
new and desirable housing consistent with the objectives, purposes
and intent of the Master Plan.
2.The proposed use furthers the Town's interest in providing a range of
housing typesand specifically, in this case, affordable housing.
3. The application addresses the requisite design standards as follows:
a.The proposed new buildings are compatible with established uses
in the district. Specifically, the properties surrounding the subject
properties in the neighborhood are predominantly used for multi-
family purposes, which is evident in review of the attached Exhibit D
which highlights immediately adjacent lots that are currently
identified as having a multi-family (ie, 2-family, multi-family or condo)
or commercial use according to the Town’s assessor records. Further,
historic use of the subject properties has included multi-family
residential uses.
b.In addition to attempting to maintain consistency with the uses in
the area, the project achieves design compatibility with architectural
features and exterior materials of surrounding structures. The new
buildings are tastefully designed to be compatible with the
neighborhood and will be subject to design guidelines and approval
from the Machine Shop Village Neighborhood Conservation District
Commission.And the proposed architectural plans were previously
approved by the Commission in 2023.
c. There are no historic concerns. The existing structures are in
disrepair and not known to be of historic value or listed on the
National Register of Historic Places or the State Register.
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July 30, 2026
d.The design criteria topreserve established, mature vegetation, to
the extent feasible, isinapplicable as the lotsareclearedwithout trees
or plantings. But the redevelopment will allow for significant
improvement to landscape with grass yardsand improved lanscaping.
In addition to satisfying the special criteria for a special permit as
described in §195-4.3(N)(4) of the Zoning Bylaw as outlined above, the
Applicant’s proposalalso meets all of the general conditions for granting of a
special permit as set forth in §195-10.7 of the Zoning Bylaw,as follows:
1. The specific site is an appropriate location for such use, structure or condition:
The use is permitted with a special permit and the appearance will remain
consistent with other homes within the neighborhood. The homes will be
surrounded by other multi-family homes in a compact and densely
developed area and as such the use and structures will be consistent with
the neighborhood.
2.The use as developed will not adversely affect the neighborhood:The proposed
two-family use for the land will provide no adverse impact to the
neighborhood and is an allowed use in the R-4 zone with and upon
issuance of the special permit. The properties were historically used for
multi-family use, the area is currently blighted with existing structures in
disrepair and the new development will provide first time home buyers
with pride of ownership to better maintain the area. Adequate parking is
provided and the lots will be tastefully landscaped with green areas.
3. There will be no nuisance or serious hazard to vehicles or pedestrians: The
residential use of the property is presently allowed. The two-family use
will not create any hazard.
4.Adequate and appropriate facilities will be provided for the proper operation of the
proposed use: The properties have historically been occupied as an existing
residential neighborhood with all necessary facilities presently already
existing and in place.
5. The use is in harmony with the purpose and intent of the Zoning Bylaw:
Allowing the conversion to (or continuance of, as applicable) two-family
use will not derogate from the intent or purpose of the Zoning Bylaw. The
proposed use is a permitted use in the R-4 zone with the special permit
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and will allow further improvement (of both functional and aesthetic
repairsto the properties) that is consistent with and in keeping with other
properties in the neighborhood. The use is permitted and the appearance
will be a substantial improvement over existing conditions and will
remain consistent with other homes within the neighborhood.
Accordingly, for the reasons stated above, the Applicant respectfully
requests that the Zoning Board of Appeals grant the requested special permits, to
allow the Applicant to raze existing structures and construct new two-family
dwellings on each lot.
Respectfully submitted,
Centro de Apoyo Familiar
By itsattorney,
__________________________________
Brian G. Vaughan, Esq.
SMOLAK & VAUGHAN LLP
120 Water Street, Suite 406
North Andover, Massachusetts 01845
Tel. (978) 327-5217
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Exhibit A – 1982 ANR Plan
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Exhibit B – 1982 Variance
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Exhibit C – 2023 Special Permit and Variance
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Exhibit D – Plan Showing Nearby Two-Family, Commercial and Multi-Family Uses
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