HomeMy WebLinkAboutDecision - Time Stamped 3.26.26 Town of North Andover
ZONING BOARD OF APPEALS
Michacl I Lis,Chair Town Clerk Time Stamp
Laura Craig-Comin,Vice Chair
FrankJ.Kitlilea,Clerk
Alexandria A.Jacobs,Isq.,
James M."Testa
Associate Illelwbeis
Matthew J.Ginsburg
Zachary J.I Iachey
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
I. 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 1.0, 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) Plan of Land 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).
The Property is located at 1.250 Osgood Street in the I-2 Zoning District. The Property is a pre-existing
non-conforming lot.
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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 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 I-2 Zoning District in
accordance with the plans, other materials, and testimony at the public hearing.
11I. 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 Land 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).
PETITION 2026-006 Page 2 of 3
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.
C:�44te,,C.�,
North Andover Zoning Bo rd 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, § 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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