Loading...
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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2026-017 Page of