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Home My WebLink AboutRecorded Decision - Decision - 564 CHICKERING ROAD 1/20/2022 Doc : 126 , 530 01-20-2022 1 : 28 Ctf# : 18781 Town of North Andover , ZONING BOARD OF APPEALS gq{{�� D.Paul Koch Jr.,Esq. Chairman ' Town Clerk Tiindt 24F,-nFr 28 { 9: 215 Ron R.Faigen, mire-Chairman + [ Allan Cuseia,Clerk Alexandria A.Jacobs,Esq. Ellen P.McIntyre Asroriate Members v4ichael T.Us Steven R.Seide This Is certify that twenty(20)days Frank J.Mlffea 00 C; r 7� have elapsed from date of decision 7 without filing of an appeal Date / An appeal shall be filed within twenty Notice of Decision Carla D na amen y pp ty Town Cleric days after the date of filing of this notice Calendar Year 2021 in the office of the Town Clerk pursuant to Mass. Gen. L. ch. 40A, § 17 APPLICANT: APPLICATION DATE: New Hampshire Signs October 12 2021 PROPERTY: HEARING DATES: 564 Chickering Road November 09,2021 and December 14,2021 North Andover,MA 01845 Map 070,Parcel 0019 PETITION: 2021-15 h PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed October 12,2021,has requested a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-6.5 Prohibitions in the General Business("GB")Zoning District; specifically,Applicant has requested a relief variance for an internally illuminated sign for the purpose of allowing refurbishment of the current signage at Haffner's site and to continue existing internal illumination 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 October 25,2021 and November 01,2021, The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday,November 09,2021 and Tuesday,December 14,2021 with respect to the Property,which is located in the GB Zoning District. The following plans and exhibits were submitted with the Application or at the public hearings: (1) Memorandum titled"Application for a Variance from S 195-6.5 of the N Andover Code," , Y undated,containing seven(7)pages; r (2) ALTA/ACSM .and Title Survey prepared by Cammett Engineering dated November 26,2014, `� revised January 26,2015,containing one(1)page; 2 Q (3) Revised Proposed Proofs of Sign with External Illumination prepared by NH Signs with most recent revisions dated November 15, 2021,containing four(4)pages; (4) CNN Article dated November 20,2021, containing two (2)pages; (5) Memorandum titled"Application for a Variance from S 195-6.5 of the N Andover Code- Continuance,"undated,containing two(2)pages;and (6) GoogleMaps/GoogleEarth images of 564 Chickering Road,containing three(3)pages. PETITION 2021-15 Page 1 of M. PAUL IANNUCCILLO, REGISTER Y t3 LSLrEIs� Doc : 12E Town of North Andover ZONING BOARD OF APPEALS The Property is located in the GB Zoning District. The property floes not conform as internally illuminated signs are not permitted pursuant to North Andover Zoning Bylaws Section 195-6.5 Prohibitions. 11. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. Among the most significant issues that arose at the hearings are the amount of internal illumination requested and the Applicant's efforts to reduce the amount of internally illuminated signage as well as the reduction in square footage of signage at the Property. 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 to allow the internal illumination of signage for the purpose of refurbishing the existing internally illuminated signage at the Haffner s site pursuant to the Town of p North Andover Zoning Bylaws Section Y 195-6,5 in the GB Zoning District in Zo � t accordance with the laps other materials and testimony at the g p Y public hearings. M. MOTION,VOTE,AND DECISION On December 14,2021,the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by Frank J.Killilea to grant the variance requested under Section 195-6.5 of the Zoning Bylaws to allow the internal Wumination of signage for the purpose of refurbishing the existing internally illuminated signage at the Haffner's site in accordance with the following plans and other materials: 'E (1) Memorandum titled"Application for a Variance from S 195-6.5 of the N Andover Code," undated,containing seven(7)pages; (2) ALTA/ACSM Land Title Survey prepared by Cammett Engineering dated November 26,2014, revised January 26,2015, containing one(1)page; (3) Revised Proposed Proofs of Sign with External Illumination prepared by NH Signs with most ' recent revisions dated November 15,2021, containing four(4)pages; (4) CNN Article dated November 20,2021,containing two (2)pages; (5) Memorandum titled"Application for a Variance from S 195-6.5 of the N Andover Code- k Continuance,"undated,containing two(2)pages; and (6) GoogleMaps/GoogleEarth images of 564 Chicl£eriaag Road,containing three(3)pages. The voting members in favor of the variance: D. Paul Koch,Jr.,Esq.,Ronn R.Faigen, Allan Ctiascia,Ellen P. McIntyre,and Alexandria A.Jacobs,Esq. f The voting members against the variance; None E The non-voting members present: Frank J.Killilea.and Steven R. Seide PETITION 2021-15 Page 2 of 3 E f f f E f { Doc : 126 Town of?Worth Andover ZONING BOARD OF APPEALS The Chairman declared the Board's vote to be 5-0 to G T THE VARLANCE. North dove Zoning Board of Appeals D. Paul ch Jr. sq., Chairman Ronn R.Faigen, ice Chair Allan Cuscia,Clerk Alexandria A. Jacobs,Esq. Ellen P. McIntyre Michael T. Lis Steven R. Seide Frank J.Killilea Decision 2021-15 S64 0,kkt&,—d—OS 20211110(p-lelcan}doc 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, 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 date of the grant unless substantial use or construction has commenced. 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