The URL can be used to link to this page

Home My WebLink AboutDecision - Recorded - 4.21.26 Bk 18560 Pg3 #5941 04-21-202_6` :@ 11: 40a Town of North Andover ZONING BOARD OF APPEALS Michael T.Lis,Chair Town Clerk Time Scamp Laura Craig-Comin,Vice Chair 'k }' Prank J.K;lhlea,Clerk Alexandria A.Jacobs,Esq., - James M.Testa AIwiatB.MCJ�7GC7Y - i._ Matthew J.Ginsbuzg 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 2026 in the office of the Town Clerk pursuant to Mass. Gen.L.ch.40A, § 17 APPLICANT: APPLICATION DATE: 1250 Osgood Street LLC February 12,2026 PROPERTY: HEARING DATE: 1250 Osgood Street March 10,2026 North Andover,MA 01845 Map 0035,Parcels 0010 PETITION: 2026-006 1. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed February 12, 2025, has requested a Special Permit pursuant to Town of North Andover Zoning Bylaws, Section 195.4.14.1 Table 1 (Summary of Use Regulations) for operating a recreational facility in a portion of the Property to be used as a swim school, in addition to the intended primary use of the Property as a daycare. Specifically, Applicant has requested special permit for recreational use, including swimming club, tennis club, health club, indoor ice skating facility and indoor/outdoor athletic recreation facility 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 February 23, 2026 and March 2,2026. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday, March 10, 2026 at 7:30 p.m. with respect to the Property, which is located in the I-2 Zoning District. The following plans and exhibits were submitted with the Application or at the public hearing: (1) Play.of Land in North.Andover,MA prepared for Andover Learning,Inc.dated February 24, 2026 (one sheet); and (2) Architectural Plans prepared by Jannel Kizel dated February 20, 2026(13 pages). The Property is located at 1250 Osgood Street in the 4Tg i7 h i4Wq(2")'Toperty is a pre-existing non-conforming lot. have elapsed from dote of decision Without filing of an appeal. Date LA 1 n/1 b Carta Dawne Warren PETITION2026-006 Town Clerk Page 1 of Bk 18560 Pg4 #5941 Town of North Andover ZONING BOARD OF APPEALS II. F NDINGS/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 is the description of the use. 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. The Board further finds that under Section 195-9.1 of the Bylaws and as conditioned below, the Applicant's proposed change, extension, or alteration to the Property is not substantially more detrimental to the neighborhood than the existing conditions. The Board attaches the following conditions to the findings and this decision: (1) Conditioned upon the use to be limited to a swim school, pool related activities, and other uses attendant there too, as indicated in the application and on the plans Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested special permits in order for the property to be used as a swim school, in addition to the intended primary use of the Property as a daycare pursuant to the Town of North Andover Zoning Bylaws North Andover Zoning Bylaws, Section 195.4.14.1 Table 1 (Summary of Use Regulations) in the 1-2 Zoning District in accordance with the plans, other materials, and testimony at the public hearing. M. MOTION VOTE AND DECISION On March 10,2026 the Board voted to close the public hearing. A motion was made by Frank Killilea and seconded by James Testa to grant the special permit requested under 195.4.14.1 Table 1 (Summary of Use Regulations) of the Zoning Bylaws to allow the property be used as a swim school, in addition to the intended primary use of the Property as a daycare in accordance with the following plans and other materials: (1) Plan of Laud in North Andover,MA prepared for Andover Learning,Inc.dated February 24, 2026 (one sheet); and (2) Architectural Plans prepared by Jarmel Kizel dated February 20,2026(13 pages). This is certify that twenty(20)days have fionn data of decision without filing of an appeal�b Date q!ZZ 1 C,-Tla Dawne Warren Town Cleric PETIT ON 2026-006 Page 2 of 3 Bk 18560 Pg5 #5941 Town of North.Andover ZONING BOARD OF APPEALS and(b)the following conditions: (1) Conditioned upon the use to be limited to a swim school, pool related activities, and other uses attendant there too, as indicated in the application and on the plans The voting members in favor of the Special Permit: Laura Craig-Comin,James M. Testa,Alexandra A. Jacobs, Frank J.Killilea,Matthew Ginsburg The voting members against the Special Permit: None Non-voting members present: None The Chair declared the Board's vote to be 5-0 to(GRANT THE SPECIAL PERMIT. North Andover Zoning Boird of Appeals Laura Craig-Comin,Vice Chair—Acting Chair Michael T.Lis, Chair Frank J.Killilea,Clerk Alexandria A. Jacobs,Esq. James M. Testa Matthew J. Ginsburg,Esq. Zachary J.Hachey Melissa Rutherford Notes: l. 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, § 14,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- 1U,7. T115 REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT This is c3rtiN,that t.venty(20)days have c::p;t a+son.oat of decision without tiling of ap appeal. Carla Dawne Warren PETITION 2026.006 Town Clerk Page 3 of M. PAUL IANNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF DEEDS E-RECORDED