HomeMy WebLinkAboutDecision - recorded Town of North Andover
ZONING BOARD OF APPEALS
Michael'T.Us,Chair Town Clerk Time Stamp
Laura Craig-Comin,Vice Chair = i
Frank J.KilMea;Clerk i
.Alexandria.A.Jacobs,Esq.,
James M.Testa -
ArJociateMemberr
Matthew j.Ginsburg
Zachary J.Hachey
Melissa Rutherford
Any appeal shall be filed within twenty Notice of Decision This is certify that twenty('�o)
days after the date of filing of this notice Calendar Year 2025 have elapsed fiorn cAzz of cl�.U,;u„
without filing o nap eal�
in the office of the Town Cleric pursuant � .....�.. ( ca
to Mass. Gen.L. ch. 40A, § 17 Carla t5a'n warren
Town Clerk
APPLICANT: APPLICATION DATE:
LITTLE LEARNERS CHILD CARE CENTER, rune 12,2025
INC.
PROPERTY: HEARING DATE:
170 Pleasant Street July 8,2025
North Andover,MA 01845
Map 0070,Parcel 00020 PETITION:
2025-009
. .. ._� . 9
W
I. PROCEDURAL HISTORY AND STATEMENT OF FACc�S �m: H(:r r. f:,.Ut t e. q i -v 1-;r.d i;iY
Applicant, by application filed June 12, 2025,has requested a Special Permit pursuant to'Town of North
Andover.Zoning Bylaws, Section 195-4.9, Table 1 for a 60 square foot sign in the GB Zoning District for
the purposes of constructing a ground sign of 60 square, feet in area and 21 feet in height, specifically,
Applicant has requested a variance of 35 square feet for area and 13 feet for height, 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-Tribune,a newspaper of general circulation in the Town of North Andover, on June 23,,2025 and
June 3 0,2025.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday,July 8,2025 at 7:30 p.m.with respect to the Property,which is located in.the G-B Zoning
District.
The following plans and exhibits were submitted with the,Application or at the public hearing:
(a) A plot plan,dated November 12,2024 by Andover Consultants,Inc.; and
(b) A proposed sign plan,dated May 21,2025 by Fastsigns.
T,he Property is located at 170 Pleasant Street in the GB Zoning District. The Property is a pre-existing
non confirming lot.
ATi Es i':
A True Copy
`towvu Clerk
PETITION 2025-009 Pagel of3
Town of North Andover
ZONING BOARD OF.APPEALS
H. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the.hearing.
The.Board also notes that among the most significant issues that arose at the hearing were the height of
'the sign.
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)
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
permits in order to construct a ground sign pursuant to the Town of North Andover Zoning Bylaws
Section 15-4.9 in the GB Zoning District in accordance with the plans,other materials,and testimony at
the public hearing.
III. MOTION,VOTE,AND DECISION
On July 8,2025 the Board voted to close the public hearing.
A motion was made by Frank J.Killilea and seconded by James J. Testa to grant the special permit
requested under Section 195-4.9 of the Zoning Bylaws to.allow the construction of a ground sign, in
accordance with the following plans and other materials:
(a) A plot plan,dated November 12,2024 by Andover Consultants,Inc.; and
(b) A proposed sign plan, dated May.21,2025 by Fastsigns.
The voting members in favor of the Variance: Michael T.Lis,James M. Testa,Matthew J.
Ginsburg and Frank J.Killilea
The voting members against the Variance: None
Non voting members present: Laura Craig-Comin and'Melissa Rutherford
The Chair declared the Board's vote to be 5-0 to GRANT THE SPECIAL PERART.
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 2025-009
Notes:
PETITION 2025-000 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
1. A decision granting a variance or a special permit shall not be in effect until a certified copy of
the decision is'recotded 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 195-
10.7.
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END OF DOCUMENT
PETITION 2025-009 Page 3 of 3
i
RECEIPT
Printed: August 7, 2025 @ 9:57:24
Essex North Registry
M. Paul Iannuccillo
Register
Trans#: 9748 Oper:KEVINZ
CASH
Book 18350 Page: 320 Inst#: 13349
Ctl#: 37 Rec:8-07-2025 ® 9:57:24a
NAND 170 PLEASANT ST
DOC DESCRIPTION TRANS AMT
DECISION
Surcharge CPA $50.00 50.00
50.00 recording fee 50.00
5.00 TECH FEE 5.00
Total flees: 105,00
X Total charges: 105.00
CASH PMT PAYMENT -CASH 105.00