HomeMy WebLinkAboutDecision - Time Stamped - Decision - 9/24/2026 Town of North Andover
ZONING BOARD OF APPEALS
Michael T Lis,Chair " 'Town Clerk'fine Stamp
Laura Craig-Comin,Vice Chair �� y��� i�
Frank J.Killilea,Clerk
Alexandria A.Jacobs,I?sd.,
James M.Tcsta
Associate tklembers
Matthew J.Ginsburg
Zachary J.I lachey
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, § 1.7
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 (Dimensional 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 Pagel of 3
TOW1111 Of North Andover
4
ZONING BOARD OFAPPEALS
It,—k'INI)INGS/I)I,SC,tI.S,SION/CONL)1110 Nt_
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 Property
is an appropriate location for the use, struchire, oi,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 (c) the use is
in harmony with the general purpose and intent of the Bylaws.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit
in order to construct a separate dwelling unit within the dwelling for a 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 at the public hearing.
111. MOTION,VOTE,AND DECISION
On September 15,2026 the Board 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 unit within 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 Marr 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
MichaelT, Lis, Chair
Laura Craig-Comin, Vice Chair
Frank J. Killilea,Clerk
Alexandria A.Jacobs, Esq.
James M.Testa
Matthew J. Ginsburg, Esq.
Zachary J. flachey
Melissa Rutherford
Decision 2026-016
PETITION 2026.016 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 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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PETITION 2026-01 E Page 3 of 3