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Home My WebLink Aboutrecorded decision - May hearing - Decision - 1250 OSGOOD STREET 3/17/2025 Bk 18231 Pg279 #3939 y ' 'Own of North Andover 0 3-17-2 0 2 5 @ 0 3 : 4 9p ZONING BOARD OF APPEALS tllexandiia A.Jacobs,Esq.,Chair ' Town CIbrkTirrie.Stmpp Kchael T.Lis,T:ce-Chair Frank j.I{illilea,Clerk Roan R Faigen Steven R.Seide n Ui- Associate Members Laura Craig-Comic James M.Testa + Matthew j.Ginsburg This is ce-Vy that w:nty{ del-•Js Any appeal shall be filed within twenty Notice of Decision have :.ar o;1,a days after the date of filing of this notice Calendar Year 2024 without Vim;of a Nca� in the office of the Town Clerk ursuant a;e p Cafia Dawne Warren to Mass. Gen.L.ch.40A, § 17 Town Clerk APPLICANT: APPLICATION DATE: 1 1250 Osgood St LLC on behalf of Milford April 24,2024 Learning LLC PROPERTY: HEARING DATE: 1250 Osgood Street May 21,2024 a North Andover,MA 01845 Map 035.0,Parcel 0010 PETITION: N 202-4-006 00 0 I, PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed April 24,2024,has requested Variances pursuant to Town of North Andover Zoning Bylaws Section 195-10.8(A), Section 195-7.3 Yards(Setbacks),and Section 195-3 Attachment 3,Table 2: Summary of Dimensional Requirements footnote 1 for front and rear setbacks, and a relief variance of the effective visual buffer per Table 2, footnote I for the purpose of razing the existing structure and rebuilding a 2-story(street facing) and 3 story(rear facing)facility for use as a daycare,medical offices and associated improvements on the Property. Specifically,Applicant has requested the following Variances: The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 7.3 Yards (Setbacks) and Section 195-3 Attachment 3, Table 2: Summary of Dimensional Requirements footnote 1 "In all districts except Village Commercial and any Corridor Development District, front setbacks along Route 114 shall be a minimum of 100 feet. Front setbacks shall be 100 feet along Route 125 in Industrial 1 and 2 Districts; the first 50 feet of front setbacks under this requirement shall be made to provide an effective visual buffer and no parking shall be permitted" in the I-2 Zoning District. Specifically, Applicant has requested a front setback needing a relief variance of 67.87 ft. (the front setback proposed is 32.13 ft.and the front setback allowed per Table 2,footnote 1 is 100 ft.). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 7.3 Yards (Setbacks) and Section 195-3 Attachment 3, Table 2: Summary of Dimensional Requirements footnote I "In all districts except Village Commercial and any Corridor Development District, front setbacks along Route 114 shall be a minimum of I00 feet. Front setbacks shall be 100 feet alcr!g R Iatz 125 in Industrial 1 and 2 Districts;the first 50 feet of front setbacks under this requirPrae7t shall be.tide to provide an effective visual buffer and no parking shall be permitted" in the 1-2 Zoning Di4ict, Specifically, Applicant has requested a relief variance of the effective visual buffer per Table 2, footnote I and allowing for parking within the first 50 ft.buffer from Route 125 of the front setbaclgrmsT! J�A"true Copy PETMON 2024-006 TUwa C.•icrlpag', I of 4 Bk 18231 Pg280 #3939 Town of North Andover ZONING BOARD OF.APPEALS The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195- 7.3 Yards (Setbacks) and Section 195-3 Attachment 3, Table 2: Summary of Dimensional Requirements for one rear setback in the I-2 Zoning District. Specifically, Applicant has requested a rear setback needing a relief variance of 5.92 ft. (the rear setback proposed is 44.08 ft. and the rear setback allowed per Table 2 is 50 ft.). 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 May 06,2024 and May 13, 2024. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday, May 21, 2024 at 7:30 p.m.with respect to the Property,which is located in the 1-2 Zoning District. The following plans and exhibits were submitted with the Application or at the public hearing: (1) Plan of Land prepared by Merrimack Engineering Services dated August 28,2023,containing one(1)page; (2) Plan of Land with zoning dimensions prepared by Merrimack Engineering Services dated April 3, 2024,containing one(1)page; (3) Proposed Elevation and Floor Plans prepared by Jarmel Kizel,Architects and Engineers Inc., undated, containing four(4)pages; and (4) Memorandum in Support of Petition for Variance prepared by Brian G.Vaughan,Esq. dated April 24,2024, containing seven(7)pages. The Property is located at 1250 Osgood Street,North Andover,MA 01845 in the I-2 Zoning District. The Property is non-conforming due to its front and rear setbacks,as well as effective visual buffer per Table 2,Footnote 1. 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 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 from the intent or purpose of the Bylaws. Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested variances for the purpose of razing the existing structure and rebuilding a 2-story(street facing)and 3 story(rear facing)facility for use as a daycare,medical offices and associated improvements on the Property and to grant a relief variance of the effective visual buffer per Table 2, footnote 1 pursuant to the Town of North Andover Zoning Bylaws Section 195-10.8(A),Section 195-7.3 Yards(Setbacks),and Section 195-3 Attachment 3,Table 2: Summary of Dimensional Requirements footnote 1 in the I-2 Zoning District in accordance with the plans,other materials,and testimony at the public hearing. PETITION 2024.006 Pap 2 of 4 Bk 18231 Pg281 #3939 Town of North Andover ZONING BOARD OF APPEALS III. MOTION,VOTE,AND DECISION On May 21,2024,the Board voted to close the public hearing. A motion was made by Frank J.Killilea and seconded by Ronn R. Faigen to grant the variances requested under Section 195-10.8(A), Section 195-7.3 Yards(Setbacks),and Section 195-3 Attachment 3,Table 2: Summary of Dimensional Requirements footnote 1 of the Zoning Bylaws to allow for the razing of the existing structure and rebuilding a 2-story(street facing) and 3 story(rear facing)facility for use as a daycare,medical offices and associated improvements on the Property and to grant a relief variance of the effective visual buffer per Table 2, footnote 1 in accordance with the following plans and other materials: (1) Plan of Land prepared by Merrimack Engineering Services dated August 28,2023,containing one(1)page; (2) Plan of Land with zoning dimensions prepared by Merrimack Engineering Services dated April 3, 2024,containing one(1)page; (3) Proposed Elevation and Floor Plans prepared by Jarmel Kizel, Architects and Engineers Inc., undated,containing four(4)pages;and (4) Memorandum in Support of Petition for Variance prepared by Brian G.Vaughan,Esq. dated April 24, 2024, containing seven(7)pages. The voting members in favor of the Variances: Alexandria A.Jacobs,Esq.,Michael T.Lis, Frank J.Killilea,Ronn R.Faigen,and Steven R. Seide The voting members against the Variances: None. The non-voting members present: Laura Criag-Comin and Matthew J.Ginsburg,Esq. The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE. oy,��04 /�_ North A dover ZonixldBoard of Appeals Alexandria A. Jacobs, Esq., Chair Michael T. Lis, Vice-Chair Ronn R. Faigen Steven R. Seide Frank J. Killilea Laura Craig-Comin James M. Testa Matthew J. Ginsburg,Esq. Decision 2024-006 DFaSION.I:SO O.Sw& 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. PETITION 2024-006 Page 3 of 4 Bk 18231 Pg282 #3939 Town of North Andover ZONING BOARD OF APPEALS 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2024-006 Page 4 of 4 M. PAUL IANNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF DEEDS E-RECORDED