HomeMy WebLinkAboutRecorded ZBA Decision - Decision - 72 ELM STREET 5/17/2022 Bk 17445 Pg271 #11679
05-17-2022 @ 10 : 43a
Town of North Andover RECEIVED
ZONING BOARD OF APPEALS C' Fi7YS OFFICE
Roan R.Faigvo.Cbair d99Mzb Town Clcrk'llmm Smmp 7? APR 26 PM 2: 39
Alexandria A.lacob.s,l y., T-1ce-Uair
Abn Cum cbrk
I-"Ucn 1. Nlclntvrc TOWN OF
D.Nul Koch.jr..Flsq. NO,-rTli !INDOVER
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Agodair A f emben ,z
Michael
Stcyen PL Scide
I�nvi k J.K UiIca This is certify that twenty(20)days
have elapsed from date of decisior,
Any appeal shall be filed within twenty Notice of Deciisiou Without Sing Of' a pea
-1 b2te Aawn ran
days after the date of fifin. of this notice Calendar Year 2022 Carla 0#0aarmlIng—.7
in the office of the Town Clerk pursuant Town Clerk
to Mass.Gen.L.ch.40A,§ 17
APPLICANT: APPLICATION DATE:
Happy Trails Preschool,LLC March 17,2022
PROPERTY: HEARING DATE:
72 Elm Street April 12,2022 1
North Andover.MA 01845
Map 042.0,Parcel 0002 PETITION:
2022-004
bA-e— k0_401 z1q1A
L PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant by application filed March 17,2022,has requested a Weis]permit pursuant to Town of
North Andover Zoning Bylaws, Section 195-4.3.T Day care center by special permit and Section 195-
10.7 Table 1: Summary of Use Regulations in the R-4 Zoning District;specifically,Applicant has
requested a day care center by special permit for the purpose of allowing the use of an interior portion of
the pre-existing Trinitarian Congregational Church of North Andover as a day care center.
The Application 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 March 28.2022 and
April 04,2022.
The Board held a public hearing at North Andover Town Hall, 120 Main Street;North Andover,MA on
Tuesday.April 12,2022 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) Memorandum in Support of Petition for Special Permit prepared by Kate R. Bargnesi,Esq. of
Smolak&Vaughan dated March 17,2022.containing four(4)pages;
(2) Curriculum Vitae of Sabrina Kerr Zache,owner and manager of Happy Trails Preschool,LLC,
undated.containing one(1)page;
(3) Plan of Land prepared by Merrimack Engineering Services dated March 16,2022,containing one
(1)page;and f f Z,
(4) First Floor Plan of proposed preschool prepared by Zendko dated ton containing one
(1)page. 4 t 11 1 t
The Property is located at 7' Elm Street in the R-4 Zoning District.
PETITION 2022-004
AIFITSt-
A Ttue copy, 2,
ro�ru.vlr*l
Bk 17445 Pg272 #11679
Town of North Andover
ZONING BOARD OF APPEALS
U. FINDI>NGS(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 195-4.3.T and Section 195-10.7 Table 1:Summary of Use
Regulations 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)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.
The Board further finds that under Section 195-9.1 of the Bylaws and as conditioned below,the
Applicant's proposed change,extension,or alteration to the Property is not substantially more detrimental
to the neighborhood than the existing conditions.
The Board attaches the following conditions to the findings and this decision:
(1) The final approval of the use as a day care by special permit will be pursuant to code.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit
in order to allow the use of an interior portion of the pre-existing Trinitarian Congregational Church of
North Andover as a day care center pursuant to the Town of North Andover Zoning Bylaws Section 195-
4.3.T Day care center by special permit and Section 195-10.7 Table 1:Summary of Use Regulations in
the R-4 Zoning District in accordance with the plans,other materials,and testimony at the public hearing_
III. MOTION.VOTE,AND DECISION
On April 12.202),the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by D. Paul Koch,Jr.,Esq.to grant the special permit
requested under Section 195-43.T Day care center by special permit and Section 195-10.7 Table 1:
Summary of Use Regulations in the R-4 Zoning District of the Zoning Bylaws to allow the use of an
interior portion of the pre-existing Trinitarian Congregational Church of North Andover as a day care
center with the final approval pursuant to code in accordance with the following plans and other
materials:
(1) Memorandum in Support of Petition for Special Permit prepared by Kate R. Bargnesi, Esq.of
Smolak& Vaughan dated March 17,2022,containing four(4)pages;
(2) Curriculum Vitae of Sabrina Kerr Zache,owner and manager of Happy Trails Preschool.LLC,
undated,containing one(1)page;
(3) Plan of Land prepared by Merrimack Engineering Services dated March 16,2022.containing one
(1)page;and
(4) First Floor Plan of proposed preschool prepared by Zendko dated March 10.2022-containing one
(1)page.
The voting members in favor of the special permit: Ronn R. Faigen,Alexandria A.Jacobs,Esq._
Allan Cuscia,and D.Paul Koch.Jr.,Esq.
The voting members against the special permit: Ellen P.McIntyre
The non-voting members present: Michael T. Lis,Steven R. Seide,and
Frank J.Killilea
PETMON 20224004 Page 2 Of 3
Bk 17445 Pg273 #11679
Town of North Andover
ZONING BOARD OF APPEALS
The Chairman declared the l3oard's vote to be 4-1 to GRANT THE SPECIAL PERMIT.
ILI A-�711
North Andover Zoning Board of Appeals
Ronn R_ Faigen, Chair
Alexandria A.Jacobs,Esq_, Vice-Chair
Allan Cuscia, Clerk
Ellen P. McIntyre
D. Paul Koch,Jr., Esq.
Michael T. Lis
Steven R. Seide
Frank J. Kiililea
Decision 2022-004
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
one(1)year 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 193-
10.7.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
END OF DOCUMENT
PETITION 2022.004 Pace 3 of 3
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS