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HomeMy WebLinkAbout1999-04-13ZONING BOARD OF APPEAL8, "MINUTEe OF THE MEETING' MAY4, 1999 PAGE 1 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 FAX (978) 685-9542 The Minutes of the Meeting, April 13, 1999 Zoning Board of Appeals Senior Center, 120R Main Street North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening, ArMI 13, 1999 at the Senior Center at 7:30PM. The following membem were present: Raymond V'rvonzio, acting Chairman, Waiter F. Soule, acting Clerk, Robert Ford, Scott Karpinski, Ellen Mclntyre, George Earley. Absent: William J. Sullivan, John Pallone. Please note: Robert Ford didn~ arrive until 8:PM after the motions relative to New Business matters were made and did not vote on any matters. Upon a motion made by Raymond ~/rvenzio and 2~ by Waiter F. Seule the Zoning Board of Appeals voted to approve the March 9, 1999 ZBA Minutes of the Meeting, the vote was unanimous: RV/WFS/SK/EM/GE. Please note: The annual election of the Zoning Board of Appeals members will be addressed at the next ZEtA meeting on May 11, 1999. Stephen Haleru, 67 High Street, cl~/a The Dentist's Collaborative, North Andover, MA Acting Chairman, Raymond Vivenzio called the meeting to order and explained the procedure of the meeting to the assembly. Dr. Halem the petitioner, and Mr. Jordan his representative, were both present to speak. The petitioner is requesting a Variance and a Special Permit in order to place one sign on each side of the building so signs can be seen either way along High Street. Walter Seule mad a letter from William Scott, Director of Comm. Development, addressed to Dr. Halem dated 4/13/99 stating that he wishes to clarify the site plan review waiver for 57 High Street (letter for the record). Raymond Vivenzio asked Dr. BOARD OF APPEALS 688-9541 BU1LDINC}8 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNINrO 688-9535 ZONING BOARD OF APPEALS, 'MINUTES OF THE MEETING' MAY4, 1999 PAGE 2 Haleru if he resolved the issue of the sign ~ the Building Inspector? Mr. Haleru stated that he did resolve the issue and proceeded to explain the now design for the sign. Dr. Haleru is asking for 15 sq. ff., and tonight he is asking for signs that are larger than the bylaw ~ Raymond Vivenzio pointed out that Dr. Halem's application was seeking relief of 10sq. ff. Dr. Halem stated that 10 sq. f. is a relatively small sign and that the sign is too small to see dearly. Mr. Jordan sated that he is asking for 15' and he feels that is as small as he can go. Walter Soule asked if the ZBA put a conc~tion on the decision in order to allow 15' would this be satisfactory to Dr. Halem? Scott Karpinski stated that he felt the section of the bylaw allows for relief of a larger sign to be allowed, however, he stated that he agreed the petitioner needed to place a border around the sign in older to comply. Mr. Jordan stated that he wants to put a sign on the side of the building, however, he wants to be allowed 2 signs because the property is considered to be on 2 different streets, he pointed out to the Board to see Section 6.6, A&B of the bylaw. Raymond Vlvenzio asked if anyone was present in favor or in opposition tonight? Stephanie Kariey of Harvey Sign was present and in favor of the pefilion. There was no opposition present tonight. Alter much deliberation between the Board and Dr. Halem the Board agreed to grant the relief sought by the petitioner. Upon a motion made by Scott Karplnski and 2~ by Ellen Mclntym the Board voted' to GRANT a variance from the requirements of Section 6.6D, paragraph 1, to allow a total of 2 signs with a continuous border on each sign, containing lettering and address as shown and refen~d to on 'Plan E', and to Grant a Special Permit from the requirements of Sections 6.3 & 6.4, paragraphs 19 & 2, to allow a maximum square footage of 15 sq. ff., for sach sign including the border which shall be located on 2 different sides of the same building known as the East and West side of building and with lettering and street address as shown and referred to on 'Plan E' as submitted by the applicant. Voting In favor. RVANFS/GE/EM/SK. Waiter F. Boule read the legal notice as petitioner is a party aggrieved from a decision of the Building Inspector and for a special pom~it to allow for sign dimension and height from the requirements of Section 6.6 permitted signs, paragraph D(2). Raymond VivenzJo asked who was pmsont to represent the petitioner. ~ephanie Karley of Harvey Sign was present to represent Florence Plaza. Ms. Kadey stated that she is asking to use the existing sign although it is not by present design standards as it is 8' 4 %' now existing, however she realizes that the sign does exceed requirements by 4 %'. Walter Soule mad a letter from Jim Williams, First Commercial Corp., addressed to Stephenie Kadey appointing Ms. Kadey as their agent to work with the ZBA (letter for the record). Another letter was read from Ronda A. Ziner, E.P. Management Co~p, addressed to Ms. Karley regarding a clarification of all correspondence for Florence Plaza, (letter for the record). Raymond VivenzJo asked if anyone was present or in opposition, no one was present to do so tonight, Disc~_~n took place between Ms. Kadey and the Board as to how old the sign is and if it is non- conforming. Alter deliberation the Board agreed to allow the existing sign to be ZONING BOARD OF APPEALS, "MINUTE8 OF THE MEETING" MAY4, 1999 PAGE :~ Upon a motion made by Ellen Mclntym and 2n~ by George Earley, the Board voted to Grant a Special Peri, it from the requirements of Section 6.6, PD(2) to allow the existing sign to remain i.e.; double sided, ground mount, 8' 4 %' in height by 8' wide. The upper panel lettering to be as shown on the submission by Harvey Signs, and the lower panel also as shown on the submission by Harvey Signs allowing two 8' rectangular panels as currently existing and the existing lower panel to contain 18 slots containing lettering of occupants names. No new construction is allowed. Only refurbishment and re-lettering of the existing sign is permitted. The granting of the Special Permit herein disposes of the Pan'y Aggrieved petition. Voting in favoF. RV/WFS/GE/EM/$K. Upon a motion made by Scott Ka~nsld and 2re by Ellen Mclntyre the Board voted to edjoum the meeting at 8:30PM, voting in favor. RVNVJ,~/SK/EM/GE. Approved MI/Aprilmin ZONING BOARD OF APPEALS, "MINUTE8 OF THE MEETING" MAY4, 1999 PAGE '1 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 FAX (978) 688-9542 Zoning Board of Appeals Senior Center, 120R Main Street North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening, April 13, 1999 at the Senior Center at 7:30PM. The following members were present: Raymond Vivenzio, acting Chairman, Waiter F. Soule, acting Clerk, Robert Ford, Scoff Karpinski, Ellen Mclntyre, Geoq}e Eadey. Absent: William J: Sullivan, John Pallone. Please note: Robert Ford didnt arrive until 8:PM after the motions relative to New Business mattem ware made and did not vote on any matters. Upon a motion made by Raymond Vivenzio and 2n~ by Walter F. Soule the Zoning Board of Appeals voted to approve the March 9, 1999 ZBA Minutes of the Meeting, the vote was unanimous: RV/WFS/SK/EM/GE. Please note: The annual election of the Zoning Board of Appeals membem will be addressed at the next ZBA meeting on May 11, 1999. Stephen Haleru, 57 High Street, d/b/a The DennY's Collaborative, North Andover, MA Acting Chairman, Raymond Vivenzlo called the meeting to order and explained the procedure of the mc,,.~ing to the assembly. Dr. Haleru the petitioner, and Mr. Jordan his representative, warn both present to speak. The petitioner is requesting a Variance and a Special Permit in order to place one sign on each side of the building so signs can be seen either way along High Street. Walter Soule read a letter from William Scott, Director of Comm. Development, addressed to Dr. Halem dated 4/13/99 stating that he wishes to daffy the site plan review waiver for 57 High Streat (letter for the racom'). Raymond Vivenzio asked Dr. BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ZONING BOARD OF APPEALS, "MINUTES OF THE MEETING" MAY4, 1999 PAGE 2 Haleru if he resolved the issue of the sign with the Building Inspector? Mr. Haleru stated that he did resolve the issue and proceeded to explain the new design for the sign~ Dr. Haleru is asking for 15 sq. lt., and tonight he is asking for signs that am lanier than the bylaw allows. Raymond V'wenzio pointed out that Dr. Halem's application was seeking relief of 10 sq. fi. Dr. Haleru stated that 10 sq. ft. is a relatively small sign and that the sign is too small to see dearly. Mr. Jordan sated that he is asking for 15' and he feels that is as small as he can go. Waiter Soule asked if the ZBA put a condition on the decision in order to allow 15' would this he satisfactory to Dr. Halem? Scoff Karpinsld stated that he feit the section of the bylaw allows for relief of a la~er sign to be allowed, however, ha stated that he agreed the petitioner needed to place a border around the sign in order to comply. Mr. Jordan stated that he wants to put a sign on the side of the building, however, he wants to be allowed 2 signs because the property is considered to be on 2 different streets, he pointed out to the Board to see Section 6.6, A&B of the bylaw. Raymond V'rvenzio asked if anyone was present in favor or in opposition tonight? Stephanie Kadey of Harvey Sign was present and in favor of the petition. There was no opposition present tonight. After much deliberation between the Board and Dr. Halem the Board agreed to grant the relief sought by the petitioner. Upon a motion made by Scott Karpinski and 2n~ by Ellen Mclntym the Board voted to GRANT a variance from the requirements of Section 6.6D, paragraph 1, to allow a total of 2 signs with a continuous border on each sign, containing lettering and address as shown and referred to on ~Plan E", and to Grant a Special Permit from the requirements of Sections 6.3 & 6.4, paragraphs 19 & 2, to allow a maximum square footage of 15 sq. ft., for each sign Including the border which shall be located en 2 different sides of the same building known as the East and West side of building and with lettering and street address as shown and referred to on ~Plan E' as submitted by the applicant. Voting in favor. RV/WFS/GE/EM/SK. Walter F. Soule read the legal notice as petitioner is a party aggrieved from a derision of the Building Inspector and for a special permit to allow for sign dimension and height from the requirements of Section 6.6 permitted signs, paragraph D(2). Raymond Vivenzio asked who was present to represent the petitioner. Stephenie Karley of Harvey Sign was present to represent Florence Plaza. Ms. Karley stated that she is asking to use the existing sign although it is net by present design standards as it is 8' 4 %' now existing, however she realizes that the sign does exceed requirements by 4 Walter Soule read a letter from Jim Williams, First Commercial Corp., addressed to Stephanie Kadey appointing Ms. Kariey as their agent to wor~ with the ZBA (le{ter for the record). Another letter was read from Ronda A. Ziner, E.P. Management Corp, addressed to Ms. Karley regarding a clarification of all conespondence for Florence Plaza, (letter for the record). Raymond ~/wenzio asked if anyone was present in favor or in opposition, no one was present to do so tonight. Discussion took place between Ms. Karfey and the Board as to how old the sign is and if it is non- confomting. After deliberation the Board agreed to allow the existing sign to be ZONING BOARD OF APPEALS, ~MINUTES OF THE MEETING" MAY4, 1999 PAGE 3 Upon a motion made by Ellen Mclntyre and 2.< by George Eariey, the Board voted to Grant a Special Permit from the requirements of Section 6.6, PD(2) to allow the existing sign to remain i.e.; double sided, ground mount, 8' 4 %' in height by 8' wide. The upper panel lettering to be as shown on the submission by Harvey Signs, and the lower panel also as shown on the submission by Harvey Signs allowing two 8' rectangular panels as currently existing and the existing lower panel to contain 18 slots containing lettering of occupants names. No new construction is allowed. Only refurbishment and re-lettering of the existing sign is permitted. The granting of the Special Pe~nit herein disposes of the Party Aggrieved petition. Voting in favor RV/WFS/GF_./EM/$K. Upon a motion made by Scott Karpinski and 2"d by Ellen Mclntyre the Board voted to adjourn the meeting at 8:30PM, voting in favor. RV/VVJS/SK/EM/GE. ~ Approval" ,~ ~' MI/Aprilmin