HomeMy WebLinkAboutDecision - time stamped - Decision - 0 BERRY STREET 9/24/2026 Town of North Andover
ZONING BOARD OF APPEALS
Michael T.Lis,Chair 'Town Clerk Time Stamp
Laura Craig-Comm,Vice Chair �t ✓��� "r
I+rank J.Killilea,Clerk
Alexandria A.Jacobs,`Esq., '
James M.Testa
Associate 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:
Town of North Andover August 20,2026
PROPERTY: HEARING DATE:
Berry Street/Turnpike Street September 15, 2026
North Andover, MA 01845
Map 0108C, Parcel 0010 PETITION:
2026-017
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 195-7.4B&D, Table 2 (Dimensional Requirements) in the R-2
and I-3 Zoning Districts; specifically, Applicant has requested a Public Building Usage special permit to
construct a 10,000 square foot fire station with associated driveways, site grading, parking area and
utilities on the corner of Berry Street and Turnpike Street 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-Tribute, 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-2 and I-
3 Zoning Districts.
The Property is located at the corner of Berry Street and Turnpike Street in the R-2 and I-3 Zoning
Districts.
II. 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 Property
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)
PETITION 2026-017 Pagel of 3
Town of North Andover
ZONING BOARD OF APPEALS
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,the Board finds that Applicant has satisfied the provisions to allow the requested special permit
in order to construct a new one-story 10,000 square foot fire station pursuant to the Town of North
Andover Zoning Bylaws Section 195-7.4.B&D, Table 2 (Dimensional Requirements) the R-2 and 1-3
Zoning Districts 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 James M. Testa to grant the special permit
requested under Section 195-7.4.B&D, Table 2 (Dimensional Requirements) of the Zoning Bylaws to
allow the construction of a new one-story 10,000 square foot fire station.
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
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 2026-017
PETITION 2026-017 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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