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Home My WebLink AboutDecision - Variance - Recorded - Decision - 14 BROWNS COURT 10/7/2026 Town of North Andover ZONING BOARD OF APPEALS Michael T.Lis,Chair Town Clerk Time Stamp La—Craig-Comin,Vice Chair Frankj.KiHea,Clerk Alexandria A.Jacobs,Esq., James M.Testa AssodWe Members 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 Calend 4'r 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: HEARING 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''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 f�has requested a front setback needing a relief variance of 10.8 feet, a side setback needing a relief variance of 4.9 feet, lot size needing a relief variance of 6,632 SF and a frontage needing a relief'variance of 34.95 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 ofNorth 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 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 twenty(20)days The Property is located at 14 Browns Court in the R-4 Zoning District. is W IVY t"l from date e of ded'siOn have elap se 6 epl without filing 01 a'311TM 4 bate 'i Dwne Warren carla -Town clerk PETITION 2024-0013 Page 1 of 3 I e 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 side setback and the lot size and front 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. 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 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 vote to be 4-1 to GRANT THE VARIANCE. 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 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 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2026.013 Page 3 of 3 Printed: October 7, 2026 3 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®10:35:21a NAND DOC DESCRIPTION TRANS AMT .. --- ----------- --------- DECISION Surcharge CPA$50.00 50.OD 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 Cti#: 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 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: 163 Inst#: 17819 Ctl#: 31 Rec:10-07-2026®10:35:23a NAND DOC DESCRIPTION TRANS AMT --- ----------- --------- DECISION Surcharge CPA$50.00 50,00 50.00 recording fee 50.OD 5.00 TECH FEE 5.00 Total fees: 105.00 Book: 18712 Page: 166 Inst#: 17820 Ctl#: 32 Rec:10-07-2026®10:35:218 NAND DOC DESCRIPTION TRANS AMT --- ----------- -------- DECISION Surcharge CPA$50.00 50.00 50.00 recording fee 50.00 5.OD TECH FEE 5.00 Total fees: 105.00 ***Total charges: 630.00 CHECK PM 5150 630.00