HomeMy WebLinkAboutVariance Application TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
Town Ciefl(Time Mull)
NAME: Little L.earners Child Care Center, Inc.
ADDRESS OF APPEAL: 170 Pleasant Street Mp2 to I-ot 29
Procedure & Requirements
for an Application for a Variance
Twelve(12)copies of the following information must be The Office of Zoning Board of Appeals schedules an al)plicant
submitted thirty LIOJ(lays prior to the first public hearing. for a hearing date and prepares the legal notice for mailing to
Failure to submit the required information within the time the parties in interest(abutters)and fbi,publication in the
periods prescribed may result in a dismissal by the Zoning newspaper. The petitioner is notified that the legal notice has
Board of an app]i cat ion as incomplete, been prepared and the cost of the Party in Interest fee.
The information herein is an abstract of more specific
requirements listed in the Zoning Board Rules and STEP 7: DELIVERY OF LEGAL NOTICE TO
Regulations and is not meant to supersede them. The NEWSPX—PE,
i)etitioner will complete items that are underlined. The petitioner picks tip the legal notice from the Office of the
Zoning Board of Appeals and delivers the legal notice to the
STEP 1:ADMINISTRATOR PERMIT DENIAL: local newspaper for publication.
The petitioner applies for a Building Permit and receives a
Zoning Bylaw Deni
al form completed by the Building STEP 8: PUBLIC HEARING BEFORETHE ZONING
Commissioner. BOARD OF APT EA
The petitioner should appear on his/her behalf,or be
STEP 2: VARIANCE APPLICATION FORM: represented by an agent or attorney. In the absence of any
Petitioner completes an application form to petition the Board appearance without due cause on behalf of the petition,the
of Appeals for a Variance. All information shalt be completed. Board shall decide on the matter by using the information it has
received to date.
STEP 3: PLAN PREPARATION:
Petitioner submits Al of the required plan information its cited STEP 9 DECISION:
in page 2,section 9 of this form. After the hearing and decision,a copy of the Board's decision
will be filed in the Office of the Town Clerk and sent to the
STEP 4: 013TAIN LIST OF"PARTIES IN INTEREST: petitioner and all Parties in Interest,Any appeal of the Board's
"The Petitioner requests the Assessor's Oft-ice to compile a decision may be made pursuant to Massachusetts Gencral 1.aw
certified list of Parties in Interest(abutters). ch.40A,§ 17,within twenty(20)days after the decision is filed
with the Town Clerk.
STEP 5: SUBMIT APPLICATION:
Petitioner submits one(1)original and eleven(11)copies of all STEP, 10: RECORDINGTHE DECISI.ON AND THE
required information to the Town Clerk's Office to be certified PLANS.
by the Town Clerk with the time and(late of filing, The The Petitioner is responsible for recording certification of the
original shall be submitted to theTown Clerk's Office, and the decision, and any accompanying plans at the Essex County,
I I copies will be submitted to the Zoning Board of Appeals North Registry of Deeds; I Union Street,1.,awrence MA 01840
secretary. and shall complete the Certification of Recording form and
forward it to the Zoning Board of Appeals and to the Building
STEP 6: SCHEDULING OF HEARING AND Departrneru^
PREPARATION OF LEGAL NOTICE:
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. & Services 978-688-9501 Town Clerk's Office
North Andover Town flail 978-688-9566 Assessor's Office
120 Main Street
North Andover,MA 01845
978-688-9542 Fax for Community Development offices
978-688-9545 Building Department
978-698-9541 Zoning Board of Appeals Office
NORTH ANDOVER ZONIING BOARD OF APPEALS petition for a VARIANCE
Kittle Learners Child Care Center Inc.
1`014,','FANT AJ111'J.J(ANTS, MI xST_COA11114'11'11' A'11, 1,11"'MS Of q '1'11[8 FOI[tAf
PETITIONER INFORMATION
NAME: little Learners Child Care Center Inc. ......................
ADDRESS: 170 Pleasant Street, North Andover MA 01845
PHONE: 978-807-2060 EMAIL llcliildcare.mictiael@gr-nail,.com
lj'fliel.)etitionei-aijtllorpi,oI)ert)�ooi,ijer is a company,corporation or otherentify,a fist of Ili enames andaddressesofthe
principals,officers antPor managers inusf be aflached to this farm.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 170 Pleasant Street, North Andover, MA
ZONING DISTRICT: G43 ASSESSORS PROPERTY MAP NO.:070.0
LOT NO.:0.020
OWNER OF RECORD: I..ittle Learners Child Care Center Inc.
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 17327 PAGE54 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner,abutter,etc.):
Owner
........... .......... .........
CURRENT USE: Daycare
PROPOSED USE: Daycare
PREVIOUS VARIANCE GRANTED: YES—NO X DECISION NO./DATE:
OTHER REGULATORY REVIEW: YES—NO X IF YES, DESCRIBE STATUS: .........
..............
EXISTING CONDITIONS DESCRIPTION:
steel arAdjs_IQcaIerL_
33.1'from Chickering Road(Route 125)and 117.8'from abutting property line(Haffners), and is 21'high
*om-to"f-sign-to-ground-vvitira-two--,6ided-facade-that-is-1 ?-x--,,r)'-(60--,"3f-.—E-xisfii°ig-sigtr-stru,ctuiv-mrnaiiis...
from past medical office use of site. Property is also improved with a wood frame structure and associated
parking and site improvements including the existing ground sign; Existing build�mg_w_as originally
-cot,tst=ted-iii-approxjrmatefy-L956--and-con�C;ir$lfs.cLf.-7.,I-44.,Sf--per assessor_ca_rd._rr
Page 2 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Little Learners Child Care Center Inc.
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the structure(s) and/or use(s):
No changes are proposed to existing sign structure and foundation.Existing freestanding ground sign is proposed to be
maintained in present location and re-used. New two-sided sign face/facade is proposed to be added to existing pylon sign
as depicted in signage plan submitted with application.
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
§ 195.6.6.D.(2)Permitted signs--.Business and Industrial District --One permanent ground.sign of not more than 25
square feet in area and extending not more than 8 feet above ground level; and, §195-10.8(A)Variances.
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
Owner/Applicant requests that the Zoning Board of Appeals issue a dimensional variance pursuant to §195.10.8(A)of the
Zoning Bylaw from the requirements for signs in Business District requiring that a ground sign shall not be more than 25
square feet in area and not extend more than 8 feet above ground level. More specifically, the Applicant is requesting a
ground sign of 60 square feet in area(where no more than 25 square feet is allowed) and 21 feet in height(where no more
than 8 feet is allowed), resulting in a variance of 35 square feet for area and 13 feet for height,but being the same area
and height as currently existing.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Plot Plan#170 Pleasant Street Land in North Andover, MA, prepared by Merrimack Engineering Services, dated 11/12/24;
Proposed Sign Plan for Little Learners, prepared by FastSigns, dated 5121/25;
Page 3 of 7
NOW111 ANDOVER ZONING BOARD OF APPEALS petit'ion for a VARIANCE
K�i tt i-ners; Child Care: Center Inc,
'—lee!
See also Memorandum in Support of Application and attachments,
SUPPORTING STATEMENT
11,11"(71 Of' ro�""r"Uv(71 dl"OIR717 C(h"UPLL'Ik'W"V411, HY
la
1. Describe the special circunistances related to soil conditions, the shape or the topography of the land or
structure that are unique to the parcel:
Lot is very oddly shaped as shown on the plot plan; The lot has already been developed with an existing structure, and
freestanding sign is already existing and in place and no dimensional changes are proposed. Replacement of sign
face/facade will not increase any existing noncon forin i ties.
2. Sliiecify how the circumstances do not generally affect other properties in the zoning district:
The subject parcel directly abuts to Route 125 but has very limited visibility due to tire limited frontage and odd shape of
the lot and because of the orientation and! location of the building on the lot. Further, the site lacks visibility due to the
irnprovernents on abutting gas station so that additional height and area of sign is needed.
3. Exj)lain how the literal enforcernent of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
Replacement and reconstruction of existing sign structure Would result in substantial waste, hardship and expense to to
remove existing structure and install new ground sign structure, whereas using same ground sign and replacing
face/facade will result in construction cost savings and substantial aesthetic improvement for project,
4. Explain how the proposed variance is the ininiinuni change that is necessary to allow the reasonable use
of the land or structure:
The proposed ground sign is already existing and is consistent with other similar signs nearby and abutting the Property
and within the Route 125 corridor.
5. Exl)hqin why granting the prolljosed variance will be in harmony with the purpose and intent of the
North Andover Zoning Bylaw:
Page 4 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Little Learners Child Care Center Inc.
The variance will be in accordance with the purpose and intent of the Zoning Bylaw because it will allow visibility and
identification of the business in advance of approach to the site to traffic on Route 125, which would otherwise be limited
as a result of the odd shape of the lot,topography and blocked site lines with gas station to north and intersection to south.
6. Describe the inipact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
The proposed ground sign is an existing freestanding sign that would remain the same size and height and in the.same
location as has long existed in neighborhood and so will not be detrimental to existing neighborhood. The granting the
variance will allow for continued use of existing ground sign for an appropriate daycare use of the Property that is needed
in the community, and with no detrimental impact to the neighborhood or public welfare.
7A. Difference from Zoning Bylaw requirements: Indicate the dinlension(s) that will not mect
current Zoning Bylaw Requirements. (Lines A and B in case of a lot split)
*SNOT APPLICABLE - SIGN VARIANCE - SEE ATTACHED MEMO FOR DESCRIPTION
Lot Area Sq,Ft. Open Space Percentage Lot Frontage Parking
Sc.Ft. Covera e Feet Front Side A Side B hear
LA. N/A %
B. %
7I3. Existing Lot:
Minimum Lot Setback
l.ot Area Sq, Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
NIA
7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
NIA %
6/p
7D. Required Lot: (As required by zoning Bylaw&Table 2)
Minimum Lot Setback
Lot Area Sq,Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
NIA %
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petiti�n for, a VARIANCE
[L:i:tt I I( -F(�Lrr�erq C�flld G� Inc.
8A. Existing Building(s):
Cnround Flom Sq. Number of Total Sq,
Ft. Floors Ilei plat _Ft. Use of Building* of Units*
N/A Daycare
--------------------------------
*References Uses,from the Zoning Bylaw&'I able I
State number of unks in building(s).
8B. Proposed Building(s):
GI-OLInd Floor Sq, Number of' Total Sq, Ntimber
Ft, Floors Hei rlrt Ft. I.JseofBtiildrnll"----------.----...-..r.--. -- -.-I-- of units*
N/A Daycare
OReferences Uws from the Zoning Bylaw&Table I
"State numtx-r of units in building(s),
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signalures ofl'eflfioner(s)are required)
I am (we are) the owner(s) of the property subject to this variance petition and I (we) consent and certify as
follows:
I, I (we) grant permission for officials and employees of the Town of North Andover to access nay property
foi-the purposes of this petition;
Z. l (we) certify that I (we) have read the Board's Rules and Procedures before submittal to ensure the
completeness of my(our) petition;
3, 1 (we) certify that all the statements within this application and attachments are true all(] accurate to the
best of illy (our) knowledge and belief,
x
(Petitioner Sign, tare) (Date)
x ................
(Petitioner Signature) (Date)
ff Applicable:
Name of Attorney/Agent for Applicant:Smolak& Vaughan LLP, Brian G. Vaughan, Esq.
Address of'Attorney/Agent: 1.2.0 Water Street, Suite 406 Np!Ili Andover, MA 01845
Phone Number of At(orney/Agent:978-327-5217
Email Address of Attorney/Agent: _bvaugliati@srnolakvaugl,iaii.com
..........
Page 6 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Little Learners Child Care Center Inc.
9. PLAN OF LAND 6. Naives addresses and phone
Each application to the Zoning Board of Appeals shall numbers of the applicant,owner or
be accompanied by the following described plan. record,and land surveyor.
Plans must be submitted with this application to the 7. Locus
Tomi Clerk's Office and the ZBA secretary at least
thirty(30)days prior to the public hearing before the 9. D. Minor Project
Zoning Board of Appeals. Mirror projects,such as decks,sheds,and
garages,shall require only the plan information
A set of building elevation plans by a Registered as indicated with an asterisk(*). hi sonic cases
Architect may be required when the application further information may be required.
involves new corrstructionleorrversiotr/and/or a
proposed change in use. 10. APPLICATION FILING FEES
10.A. Notification fees: Applicant shall provide
9.A. Major Projects a check or money order to:"Town of North
Major Projects are those,which involve one of the Andover"for the cost of first class,certified,
following whether existing or proposed: return receipt x it of all parties in interest
I). Five(5)or more parking spaces, identified in M.G.L ch.40A§I t on abutters list
I1). Three(3)or more dwelling units, for the legal notice check. Also,the applicant
I11).2,000 square feet of building area. shall supply first class postage stamps for each
Major Projects shall require,that in addition to the 913 address listed on the abutter's list,plus an
&9C feature,that the plans show detailed utilities, additional two(2) for the decision inailing.
soils,and topographic information. 10. B. Mailing labels: Applicant shall provide
*9. B. Plan Specifications: four 94)sets of mailing labels no larger than
1). Size of plan: Ten(10)paper copies of I"x2-5/8"{Three(3)copies for the Legal,and
a plan not to exceed I I"x17", one(1)copy for the Decision mailing).
preferred scale of 1"=4o'
II). Plan shall be prepared,stamped and 10.C. Applicant shall provide a check or
certified by a Registered Professional money order to: "Town of North Andover"per
Land Surveyor. Please note that plans the 2005 Revised Fee Schedule.
by a Registered Professional Engineer.
Registered Architect,and/or a ® A Variance once granted by the ZBA will
Registered Landscape Architect may lapse in one(1)year if not exercised and a new
be required for Major Projects. petition must be submitted
*9. C. *Required Features On Plan.
1). Site Orientation shall include:
1. North point
2. .Zoning district(s)
3. Naives of streets
4. Wetlands(if applicable)
5. Abutters of property,within 300'
radius
6. Locations of buildings on adjacent
Properties within 50' from
applicants proposed structure
7, deed restrictions,easements.
1I). Legend & Graphic Aids shall
include:
I. Proposed features in solid lines&
outlined in red
2. Existing features to be removed in
dashed lines
3. Graphic scales
4. Bate of Plan
5. Title of Plan
Page 7 of 7