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Home My WebLink Aboutrecorded decision 1740 Turnpike Street - Decision - 1740 TURNPIKE STREET 8/5/2021 i E E E Town of North Andover ,' Town Clerk Time Stamp ZONING BOARD OF APPEALS D.Paul Koch Jr.,Esq.,Chairman Ronn R.Faigen,Vice-Cliairmau Allan Cuscia,Clerk Alexandria A.Jacobs,Esq. — Ellen P.McIntyre Associate Members Michael T.Lis ISO -I Steven R.Seide Frank).Killilea This havelel elapsed from date of de) c sion without filing of an a peal. �� Any appeal shall be filed within twenty Notice of Decision is notice Calendar Year 2021 Carta ne rren days after the date of filing of th Town Clerk in the office of the Town Cleric pursuant . —= to Mass. Gen. L. ch. 40A, § 17 ._ g r r r r' ... _ _. fi APPLICANT: APPLICATION DATE: Robert Michaud April 8,2021 PROPERTY: HEARING DATES: 1740 Turnpike Street May 11,2021 and June 22,2021 North Andover,MA 01845 Map 107.B,Parcel 0021 PETITION: 2021-08 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed April 8, 2021,has requested a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-6.6 in the VR Zoning District; specifically,Applicant has requested a sign size needing a relief variance of 16.75 sf(the sign size proposed is 18.75 sf and the sign size required is 2 sf for the purposes of allowing an 18.75 sf sign with respect to the Property. The Application 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 April 26,2021 and May 03,2021. The Board held virtual public hearings on Tuesday,May 11,2021 at 7:30 p.m. and Tuesday,June 22, 2021 at 7:30 p.m.with respect to the Property,which is located in the VR Zoning District. The following plans and exhibits were submitted with the Application or at the public hearings: (1) Sketch Plan Showing Proposed Sign prepared by Williams&Sparages dated April 26, 2021, containing one(1)page; (2) Proof of Post Sign prepared by FastSigns dated February 1,2021, revised February 4,2021, and further revised February 26,2021, containing one(1)page; (3) Drawing of Post Sign prepared by FastSigns dated February 1,2021 and revised February 4, 2021, containing one(1)page; (4) Sign Variance Application Supplement prepared by Applicant,undated, containing four(4) pages; and (5) Supplemental Letter to Zoning Board prepared by Jack Creahan dated June 8,2021, containing one(1)page. AI'"T: ATrite Copy PETITION 2021-08 Town Clerk Page r of 3 Town of North Andover ZONING BOARD OF APPEALS The Property is located 1740 Turnpike Street,North Andover,MA 01845 in the VR Zoning District. The proposed sign at the Property is non-conforming due to its size. H. FINDINGSIDISCUSSIONICONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. The Board also notes that among the most significant issues that arose at the hearings is the lack of design and dimensional detail regarding the sign description. The Board finds that owing to circumstances 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 general, a literal enforcement of the provisions of the Bylaws will involve substantial hardship, financial or otherwise,to Applicant, and that:desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaws. Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested variance in order to allow an 18.75 sf sign be placed on the Property pursuant to the Town of North Andover Zoning Bylaws Section 195-6.6 in the VR Zoning District in accordance with the plans,other materials,and testimony at the public hearings. III. MOTION,VOTE,AND DECISION On.tune 22,2021,the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by Michael T.Lis to grant the variance requested under Section 195-6.6 of the Zoning Bylaws to allow the installation of an 18.75 sf sign on the Property in accordance with the following plans and other materials: (1) Sketch Plan Showing Proposed Sign prepared by Williams&Sparages dated April 26, 2021, containing one(1)page; (2) Proof of Post Sign prepared by FastSigns dated February 1,2021,revised February 4, 2021,and further revised February 26,2021, containing one(1)page; (3) Drawing of Post Sign prepared by FastSigns dated February 1,2021 and revised February 4, 2021, containing one(1)page; (4) Sign Variance Application Supplement prepared by Applicant,undated,containing four(4) pages;and (5) Supplemental Letter to Zoning Board prepared by Jack Creahan dated June 8,2021, containing one(1)page. The voting members in favor of the variance: D.Paul Koch,Jr.,Esq.,Allan Cuscia,Ellen P.McIntyre, Alexandria A. Jacobs,Esq.,and Michael T. Lis The voting members against the variance: None The non-voting members present: Ronn R. Faigen and Frank J.Kill ilea THE REMAINDER OF TIES PAGE INTENTIONALLY LEFT BLANK PETITION 202I-09 Page 2 of 3 i Town of North Andover ZONING BOARD OF APPEALS The Chairman declared the Board's vote to be 5-0 to G T THE VARIANCE. I I A North ove Zoning Board of Appeals D.Paul och Jr., sq., Chairman Ronn R. Faigen, 'cc Chair Allan Cuscia, Clerk Alexandria A. Jacobs,Esq. Ellen P.McIntyre Michael T.Lis Steven R. Seide Frank J. Killilea Decision 2021-08 1710tu.*e:beet-643 Wi-1;24210630(p1-2elanjdx Notes: I. 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, 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 the rights authorized by a decision granting a special permit shall be deemed to have lapsed after a two(2)year period from the elate of the grant unless substantial use or construction has commenced. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 202I-09 Page 3 of 3 i I RECEIPT Printed: August 4, 2021 9 14:49:22 Essex North Registry M. Paul Iannuccillo Register Trans#i: 20136 Oper:KEVINZ SUPERIOR RATE MTG Book: 17067 Page: 143 Insti#; 26162== Ctl#: 151 Rec:8-04-2021 @ 2:49:18p NAND 1740 TURNPIKE ST I OOC DESCRIPTION TRANS AMT _ ----------- --------- RECISION Surcharge CPA $50.00 50.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 105,00 j Total charges: 105.00 CHECK PM 1041 105.00 I i F