The URL can be used to link to this page

Home My WebLink AboutDecision - Recorded - Decision - 10/24/2026 AYMSI: 3Yue This is cortify that twenty(20)days have elapsed(roue date of decision Town of North Andover without tiling of an ap eal. Date. 2d 1102-0 ZONING BOARD OF APPEALS Carla Dawne warren Town Clerk Michael T.Lis,Chair '' Town Cleik Time Stamp Laura Craig-Comin,Vice Chaim L Frank J.Killilea,Clerk Alexandria A.Jacobs,Esq., James M.Testa - Arsedate Members Matthew J,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 Calendar Year 2026 in the office of the Town Clerk pursuant to Mass. Gen. L. ch. 40A, § 17 APPLICANT: APPLICATION DATE: BRIAN AND JESSICA MARR August 20,2026 PROPERTY: HEARING DATE: 29 Brightwood Avenue September 15,2026 North Andover,MA 01845 Map0067,Parcel 0015 PETITION: 2026-016 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed August 20, 2026, has requested a Special Permit pursuant to Town of North Andover Zoning Bylaws, Section 195-4.3V, Table 2 (Dunensional Requirements) in the R-4 Zoning District to construct a separate dwelling unit within the dwelling for a member of household, also known as a Family Suite 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 31, 2026 and September 7,2026. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday, September 15, 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 or at the public hearing: (1) Plan and Floor Plan entitled Marr Residence,29 Brightwood Avenue,North Andover,MA, dated August 10,2026, and revised August 19,2026; and (2) Plot Plan of Land#29 Brightwood Avenue,North Andover,MA by Sullivan Engineering Group, LLC dated August 24,2026. The Property is located at 29 Brightwood Avenue in the R-4 Zoning District. PETITION 2026-016 Page 1 of 3 Town of North Andover ZONING )BOARD OF APPEALS I1. FtNDINGS/Dlgtt SSION/CONDITIONS the Board has made carefill shldy of the materials subr�iitted �urd'the information presented-at the Bearing. The Board finds thAt onder Section 195=10.7(A) of the Bylaws a'hd w5 coh0itioned�bel�ow, (a) (lie Property is an appropriath aocati'on':fbr the use, structure, or condition, (b) the use as:develope.d 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. Therefore,ihe'Bcar°d finds that Applicant has satisfied the provisions to allow the-regilested special permit in order to construct a separate dwelling unit within the dwelling fora member'of,household;also known as a Family Suite pursuant to the Town of North Andover Zoning Bylaws Section 195-4.3V, Table 2 (Dimensional Requirements) in.the R-4 Zoning District in accordance with the plans,:other materials, and testimony atthe public hearing. III. MOTION,VOTE,AND DECISION On Septerrib'er 15,2026 iheBoard voted to close the public hearing. A motion was made by Frank J. Killilea and seconded by Laura Craig-Comin to grant the special permit .requested under :Section 195-4.3V, Table 2 (Dimensional Requirements) of the Zoning Bylaws to construct a separate dwelling unitwithin the dwelling for a member of household,also known as a Family Suite in accordance with(a)the:following plans and other materials: (1) :Plan and Floor Plan entitled Mar Residence,29 Brightwood Avenue,North Andover.,.MA,.dated August 10,2026,and August 19,2026; and (2) Plot Plan of Land#29 Brightwood Avenue,North Andover,MA.by Sullivan Engineering Group, LLC dated:August.24,2026. The voting members in favor of the special permit; Michael T.,Lis.,James M.Testa,Frank J. Killilea,Laura Craig:-Comin and Alexandria A. Jacobs The voting members against the special permit None The non-voting members present: ,Melissa Rutherford The Chair declared the Board's vote to be 5-0 to GRANT THE.SPECIAL PERMIT. North Andover Zoning Board of Appeals Michael T, Lis,Chair I,;auia Craig-Comin,Vice Chair Frank J. Killilea,Clerk Alexandria A.Jacobs, Esq. James M.Testa Matthew J.Girisburg, Esq, Zachary J.Hachey Melissa Rutherford Decisii.oir 2026-016 PETITION 2026-01.6. page 2 00 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 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 2026-016 Page 3 of 3 i i RECEIPT Printed: October 26, 2026 ® 9:33:46 Essex North Registry M. Paul Iannuccill`d Register Trans#: 14147 Oper:KEVINZ MARR Book: 18725 Page: 166 Inst#: 18907 Ctl#: 26 Rec:10-26-2026 ® 9:33:41a NAND 29 BRIGHTWOOD AVE DOC DESCRIPTION TRANS AMT DECISION Surcharge CPA $50.00 50.00 50.00 recgrding fee 50.00 5.00 TECH`FEE 5.00 Total fees: 105.00 * Total charges: 105.00 CHECK PM 292 105.00