HomeMy WebLinkAbout- Decision - 997 OSGOOD STREET 9/25/2018 Bk 15628 Pg103 #23493
09-25-201.8 02 : 53p
Town of North Andover
ZONING BOARD OF APPEALS
0.Paul Koch Jr.,Esq.,Chuirpal, '�4r Toor.C YlrRi mp 4 n;': E
Hen P.Mctntyrc,1�ru.Ch�rirxvex
Allan Cuscia i
Alexandria A.Jacobs,&q.
Ronn R.Faigen C
This is lu 9WWy that Wetly(20)days
Any appeal shall be tiled within twenty Notice of Decision hate from dam°tdecision
,llleo
days after the date of filing of this notice year 20I8 OtHm Wo of aq,appeal.
in the office of the Town Clerk pursuant ,layaMA, dahow
to Mass. Gen, L.ch.40A,§ 17 Torrn OW
APPLICANT: APPLICATION DATE:
New Discoveries Early Learning Center,LLC July 12,2018
PROPERTY: DARING DATE(S):
997.999 Osgood Street August 14,2019
North Andover,MA 01845
Map 035.0,Parcel 0050 PETITION:
2018-26
The North Andover Board of Appeals("Board")held a public hearing(s)at North Andover Town Hall,
120 Main Street,North Andover,MA on Tuesday,August 14,2019 at 7:30 pm,for the application of
New Discoveries Early Learning Center,LLC("Applicant")with respect to the property located at 997-
999 Osgood Street in the B-2,Zoning District("Property").
L PROCIE';DI MAL HISTORY
By application filed July 12,2018,the Applicant:has requested a special permit pursuant to Town of
North Andover Zoning Bylaws,Section 10.3, 10,31,and 4.127(22)in the B-2 Zoning District.
Legal notice was sent to all certified abutters provided by the Assessor's office of the Town of North
Andover and published in The Eagle-Tr ibirne,a newspaper of general circulation in the Town of North
Andover, on July 31,2018 and August 7,2018.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Playground Location Plan by Gianna Design Group dated July 5,2018
(2) Permit Set,Proposed Layout Plan A-i by Gianna Design Group dated July 5,2018
(3) Site Development Plan by MHF Design Consultants dated June 17,2010
(4) Site PIan by Land Engineering&Environmental Services,Inc.dated June 4,2013
(5) Overall Floor Plans A1.0 by Douglas R.Annino,AIA NCARB dated November 19,2013
(6) Resume of Lorraine Miles,M.Ed.,BCBA
(7) Memorandum in Support by Smolak&Vaughan dated July 11,2018
The members of the Board present and voting were:D.Paul Koch,Jr.,Ellen P.McIntyre,Allan C'uscia,
Ronn R.Faigen,and Alexandria A.Jacobs. The Board voted to close the public hearing.
ISION >
3 4i
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A motion was made by Allan Cuscla and seconded by Ronn R.Faigen to grant the special permit
requested under Section 10.3, 10.31,and 4.127(22)of the North Andover Zoning Bylaws.
PErITtON 2018.26 Rage I oft
Bk 15628 Pg104 #23493
Town of North Ando-vet
ZONrNG BOARD OF APPEALS
The members voting in favor of the special permit.D.Paul Koch,Jr.,Allan Cuscia,Ronn R.Faigon,and
Alexandria A.Jacobs.
The member voting in opposition to the special permit:Ellen P.Wntyre
The Chairman declared the Board's vote to be 4-1 to GRANT THE SPECUL PERMIT
W.F1ND1NGS/D1$r,0SION"NDITIONS
Based on the plans,materials,and testimony presented,the Board finds that under,Section 10.31 Dfthe
North Andover Zoning Bylaws,(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)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 the Applicant has satisfied the provisions of the North Andover Zoning
Bylaws to allow for the requested special permit in order tq opera te a Daycare Center pursuant to the
Town of North Andover Zoning Bylaws Section 10.3, 10. 1 nd It 127(22) in the B-2 Zoning District in
accordance with the plans,other materials,and testimony t e P- lic hearings.
Nortb A d v4Z Ing Board of Appeals
D.Paul K d Jr., Chairman
Ellen P.Me tyre, ce Chair
Allan Cuscia,Acting Clerk
Alexandria A.Jacobs,Esq.
Roan k Faigen
Decision 2018-26
dWilon 90M n%oodA 20302V W.-saw l
Notes,
1. A decision granting a variance or a special permit shall not be in effect until aL certified copy of this
decision is recorded at the Essex County Registry of Deeds,Northern District at the Applicant's
expense. Further provided that if the Property is registered land then a certified copy of the decision
shall be filed with the Land Court.
2. The granting of a variance or special permit as requested by the Applicant does not necessarily ensure
the granting of a building permit because the 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.
I Generally,if the rights authorized by the granting of a variance are not exercised within one(1)year
of the date of the grant then they 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 a special permit shall be deemed to
have lapsed after a two(2)year period from the date on which the special permit was granted unless
substantial use or construction has commenced.
THE REMAINDER OF THIS PACE INTENTIONALLY LEFT BLANK
END OF DOCUMENT
PETITION 2018-26 Pape 2 OU
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E—RECORDED