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Home My WebLink AboutDecision - Time Stamped Town. of North Andover ZONING BOARD OF APPEALS Michael T,Lis,Chair Town Clerk Time Stamp Laura Craig-Comin,Vice Chair Frank J.Killilea,Clerk a Alexandria A.Jacobs,Esq., ' James M.Testa Associate Members Matthew J.Ginsburg Zachary J.Hachey Melissa Rutherford Any appeal shall be filed within twenty Notice of Decision days after the date of filing of this notice Calendar Year 2025 in the office of the Town Clerk pursuant to Mass. Gen.L. ch. 40A, § 17 APPLICANT: APPLICATION DATE: LITTLE LEARNERS CHILD CARE CENTER, June 12,2025 INC. PROPERTY: HEARING DATE: 170 Pleasant Street July 8, 2025 North Andover,MA 01845 Map 0070,Parcel 00020 PETITION: 2025-009 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS 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 30, 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,Ii►e.; and (b) A proposed sign plan,dated May 21,2025 by Fastsigns. The Property is located at 170 Pleasant Street in the GB Zoning District. The Property is a pre-existing non confirming lot. PETITION 2025-009 Page 1 of 3 Town of North Andover ZONING BOARD OF APPEALS II. 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 PERMIT. 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 2025-009 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS I. 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 195- 10.7. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2025-009 Page 3 of 3