HomeMy WebLinkAboutSmolak and Vaughan - Memo in Support SM,OLAK & VAUGHAN ."i
MEMORANDUM
To: Town of North Andover Zoning Board of Appeals ("ZBA")
Applicant: Little Learners Child Care Center, Inc.
Property: 170 Pleasant Street
Map 70, Parcel 20
Date: June 9., 2025
MEMORANDUM IN SUPPORT OF PETITION FOR AMENDED VARIANCE
1. INTRODUCTION
'11-ie Applicant,Little Learners Child Care Center, Inc., proposes to re-use an existing
freestanding ground sign structure located at 170 Pleasant Street, and to simply replace the sign
face with a new facade that would advertise the"Little Learners Childcare" daycare use. A
copy of the proposed sign is attached as Exhibit A. A Site Plan depicting the existing conditions
and showing the existing location and setback of the ground sign is attached as Exhibit B.
The proposed sign is an existing structure from the prior owner and a copy of the
existing sign is attached as Exhibit C.The sign was not deemed to be a lawful pre-existing
nonconforming sign, however, due to change of use and termination of activities on the site and
because the Applicant now seeks to alter the face of the sign as shown and described in the
attached plans. By this Application, the owner is requesting the Zoning Board of Appeals (the
"ZBA") to approve dimensional variances for area and height of the existing sign in order that it
may remain in place and be re-used by the current owner, as further described herein.
Excepting for area and height,the sign complies in all other respects with the provisions of the
Zoning Bylaw.
II. BACKGROUND AND DISCUSSION
The Property is the site of the Little Learners Child Care Center and previously was a
medical office located at 170 Pleasant Street and also fronting on Route 1.25 (Chickering Road)
and is currently improved with a wood frame structure and with associated parking and site
improvements. The existing building was constructed in approximately 1956 and consists of
approximately 7,144 SF according to the assessor card. The Property was purchased in January,
Memo to North Andover ZBA
Re:170 Pleasant Street
June 9,2025
2022 by the current owner,who has undertaken substantial renovation and improvement of the
property for its daycare use. A concept rendering of the proposed new sign face is included.
The Property is located in the General Business ("GB") Zoning District where the
proposed use for daycare is permitted by right. But the existing ground sign does not comply
with the current requirements for a ground sign in the GB Zoning District. Pursuant to §195-
6.6.D.(2) of the Zoning Bylaw,one permanent ground sign is permitted but the sign may not be
more than 25 square feet in area and it may not extend more than 8 feet above ground level.
Because the existing ground sign is 60 square feet in area and extends 21 feet above ground
level, the sign permit application was denied and variances for area and height are required as
was further detailed in the Building Commissioner's denial of the sign permit.The
existing/proposed and required conditions, as well as the dimensional variances requested, are
outlined as follows:
Existing/Proposed Required Variance
Sign Area: 60 SF 25 SF 35 SF
Sign Height: 21' 8' 13'
As such, the Applicant is requesting a variance of 35 square feet for sign area and a variance of
13 feet for sign height,in order that the existing freestanding ground sign may continue to be
used, as presently located on the site.The proposed sign would otherwise comply with all
dimensional and other requirements of the Zoning Bylaw.
The Applicant believes that the variances are merited for reasons described in the
Application and as are also further summarized as follows:
• The Property is oddly shaped and due to location of building and topography, the
building lacks good visibility from Route 125 requiring larger signage.
• The lot has already been developed with an existing freestanding sign;replacement of
the ground sign will needlessly and substantially increase costs and expense and
provide less visibility to traffic on Route 125 and potentially also interfere with traffic at
the Pleasant Street intersection if a lower sign were replaced closer to the street.
• The area of the existing sign,while larger than currently allowed under the Zoning
Bylaw,is substantially less imposing than the sign on the abutting Haffner's property.
III. LEGAL BASIS FOR VARIANCE
The proposed variances satisfy all of the conditions for granting a variance pursuant to
Massachusetts General Law and Section 10.8 of the Zoning Bylaw (§195-10.8), including as
follows:
2
Merino to North Andover ZBA
Re:170 Pleasant Street
tune 9,2025
1, There are circuinstances 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 which the property is located. In particular,it's noted that the lot is
oddly shaped with limited frontage and a steep along Route 125. These conditions
require that the ground sign be more visible. The conditions related to shape are unique
to this property, and do not generally affect the entire GB Zoning District,
2. As a result of the circumstances described above which affect the property but do not
affect the zoning district in general, a literal enforcement of the sign dimensional
requirement for the sign in the GB Zoning District will involve substantial hardship,
financial or otherwise, to the Applicant.Given the constraints with respect to lot shape
and topography,without the grant of the requested variances the Applicant would incur
substantial increased expense and the daycare business would have inadequate signage.
3. The relief sought will be desirable and without substantial detriment to the,public good
without nullifying or substantially derogating from the intent or purpose of the Zoning
Bylaw.The freestanding ground sign has already existed and been ntaintained for many
years on the property in its current location. The proposed signage will not derogate
front the intent or purpose of the Zordng Bylaw, and will be consistent with historic use
on the site and with other commercial signage abutting the property on Route 125, and
therefore will not be a detriment to the public.
Accordingly,for the reasons stated above,and others,that will be presented at the
hearing, the Applicant respectfully requests the ZBA grant the requested variances.
Respectf Lilly submitted,
Little Learners Child Care Center, Inc.
By its attorney,
/Iitf 4"e-�
Brian G. Vaughan,Esq.
SMOLAK&VAUGHAN LLP
21 High Street,Suite 301
North Andover,Massachusetts 01.845
Tel. (978) 327-5217
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Memo to North Andover ZBA
Re:170 Pleasant Street
jUne 9,2025
Exhibit A
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