HomeMy WebLinkAboutRecorded Decision - Decision - 170 PLEASANT STREET 10/26/2022 5
Tows, of North Andover
ZONING BOARD OF APPEALS
Roan R.Fai en Chair
$ 'Town Clerk Time stamp
Alexandria A.Jacobs,Esq., Vice-Chair
Allan Cuscia,Clerk y #1`I`) 0(''A -- � :
Michael T.Lis
Steven R.Seide r
Associate Members
Frame J.I{Mea
Laura Craig-Gomm
James M.Testa
This Is certify that twenty(20)days
have elapsed from date of decision
Any appeal shall be filed within twenty Notice of Decision without fIsng of a Mp eel.
days after the date of filing of this notice Calendar Year 2022 Dated d�
in the office of the Town Clerk pursuant Carla Dawne warren
Torun Clerk
to Mass. Gen. L. eh. 40A, § 17
APPLICANT; APPLICATION DATE:
Yann Oliveira August 16,2022
PROPERTY: HEARING DATE:
170 Pleasant Street September 27,2022
North Andover,MA 01845
Map 070.0, Parcel 0020 PETITION:
2021-014
1. PROCEDURAL HISTORY AND STATEMENT OF FACTS •0—~�6 2022 VY, 13, 9
Applicant, by application filed August 16,2022,has requested a special permit pursuant to Town of
North Andover Zoning Bylaws, Section 195-4.12.I Day-care center by special permit in the GB Zoning
District for the purpose of using the Property as a day-care.
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 September 12, 2022
and September 19, 2022,
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday, September 27,2022 at 7:30 p.m. with respect to the Property,which is located in the GB Zoning
District.
The following plans and exhibits were submitted with the Application or at the public hearing;
(1) Plan of Land prepared by Cammett Engineering dated November 29,2017,containing one(1)
page.
Al MSTt
The Property is located at 170 Pleasant Street in the GB Zoning District, A` rue COPY
Town Clerk
II. FINDINGSIDISCUSSIONICONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing.
PETITION 2022-014 Page 1 of 3
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ZONING BOARD OF APPEALS
The Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land
or structures and especially affecting such land or structures but not affecting generally the zoning district
in general, a literal enforcement of the provisions of the Bylaws will involve substantial hardship,
financial or otherwise,to Applicant,and that desirable relief may be granted without substantial detriment
to the public good and without:nullifying or substantially derogating front the intent or purpose of the
Bylaws.
Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested special permit
in order to use the existing Property as a day-care center pursuant to the Town of North Andover Zoning
Bylaws Section 195-4.12.1 in the GB Zoning District in accordance with the plans,other materials,and
testimony at the public hearing.
III. MOTION VOTE AND DECISION
On September 27,2022,the Board voted to close the public hearing.
A motion was made by Michael T.Lis and seconded by Steven R. Seide to grant the special permit
requested under Section 1954.12.1 of the Zoning Bylaws to allow the use of the Property as a day-care in
accordance with the following plans and other materials:
(1) Plan of Land prepared by Carnmett Engineering dated November 29,2017,containing one(1)
page-
The voting members in favor of the special permit: Allan Cuscia,Alexandria A.Jacobs,
Michael T.Lis, Steven.R. Seide,and.
Laura,Craig Comin
The voting members against the special permit: Nome
The non voting members present: Ronn R.Faigen,Frank J.Killilea,and
James M.Testa.
The Chairman declared the Board's vote to be 5-0 to GRANT THE SPECUL PERMIT.
North Andover Zoning Board of Appeals
Rona R. Faigen, Chair
Alexandria A. Jacobs,Esq., Vice-Chair
Allan Cuscia, Clel k(Acting Chair) j
Michael T. Lis
Steven R. Seide
Frank J.Killilea
Laura Craig-Cowin
James M. Testa
i
Decision 2022-014
DECISION-170Ift=(SWW i
Notes:
l. 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
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ZONING BOARD OF APPEALS
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 195-
10.7.
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