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HomeMy WebLinkAboutDecision - SP - Recorded - Decision - 14 BROWNS COURT 10/7/2026 Town of North Andover ZONING BOARD OF APPEALS Michael T.Lis,Chair tTown Clerk Time Stamp Laura Craig-Comin,Vice Chair Frank J.Kffiea,Clerk Alexandria A.Jacobs,Esq., James M.Testa Associate Members Matthewj.Ginsburg Zachaqj.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 July 23,2026 PROPERTY: BEARING DATE: 14 Browns Court August 18,2026 North Andover,MA 01845 Map 041,Parcel 0013 PETITION: 2026-0013 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)(b), 195-4 3(N)(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, 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-4 Zoning District. The Property is located at 16 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 Propert3, 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 is certify that twenty(2o)days have elapsed from date of decision without filing Of ap appeal PETITION 2026-013 Date "EZD__G Page Iof3 Carla Dawne Warren Town Clerk 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 Property is 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 Testa to grant the special permit requested under Sections 195-3(N)(1)(b), 195-4 3(N)(4) 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 PERAUT. orth 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 2026-013 PETITION 2026-013 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 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 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2026-013 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$50.00 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©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®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 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 S 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 Cti#: 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