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HomeMy WebLinkAbout2022-03-08 Zoning Board of Appeals Minutes Approved April 12,2022 Town of North Andover ZONING BOARD OF APPEALS Members i,� Associate Members Ronn R. Faigen, Chair Michael T. Lis Alexandria A.Jacobs, Esq., Vice-Chair Steven R. Seide Allan Cuscia, Clerk Frank J. Killilea Ellen P. McIntyre Zoning Enforcement Officer D. Paul Koch,Jr., Esq. ''i Paul G. Hutchins MEETING MINUTES Date of Meeting: Tuesday, March 08, 2022 Time of Meeting: 7:30 p.m. Location of Meeting: Town Hall, 120 Main Street,North Andover, MA 01845 and Remote Signature: Jennifer Batters6y Town Clerk Date Stamp: 1. Call to Order called at 7:30 p.m. Members Present: Ronn R. Faigen, Alexandria A. Jacobs, Esq. (via remote participation), D. Paul Koch, Jr., Ellen P. McIntyre, Michael T. Lis, Steven R. Seide, and Frank J. Killilea Staff Present: Jennifer Battersby Gavel given to: Ronn R. Faigen Pledge of Allegiance Chair reads the Supplemental Hybrid Legal Notice into the record. 2. Acceptance of Minutes Motion made by P. Koch to approve the February 08, 2022 meeting minutes. Seconded by S. Seide. R. Faigen voted yes. S. Seide voted yes. E. McIntyre voted yes. P. Koch voted yes. M. Lis voted yes. F. Killilea voted yes. A. Jacobs voted yes. The vote to approve is unanimous. 3. Continued Public Hearinu of 419 Andover Street The petition of Convenient MD Urgent Care for property at 419 Andover Street (Map 024.0, Parcel 0039), North Andover, MA 01845 in the GB Zoning District. The Applicant is requesting Variances pursuant to Town of North Andover Zoning Bylaws Section 195-6.6D Permitted Signs/Business and Industrial Districts: accessory signs in the GB Zoning District The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195.E-6D for the purpose of installing a new sign; specifically, Applicant has requested to install a sign (#PO1) needing a relief variance of 101.8 sf(the proposed square footage is 177.2 and the allowed square footage is 75.4). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws Section 195-6.6D for the purpose of installing a new sign; specifically, Applicant has requested to install a Notices and agendas are to be posted 48 hours in advance of a meeting excluding Saturdays,Sundays,and legal holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure that posting is made in an adequate amount of time. A listing of topics the Chair reasonably anticipates will be discussed at a meeting are to be listed on the Agenda. Note: Matters may be called out of order and not as they appear in the Agenda. Page 1 of 2 Town of North Andover ZONING BOARD OF APPEALS sign (#P02) needing a relief variance of 38.3 sf(the proposed square footage is 177.2 and the allowed square footage is 138.9). Rick Byers, Esq. and Dave Sanderson of Convenient MD Urgent Care are at the table. Applicant submitted revised signage plans and removed the variance request for the Andover Street side (Sign #P02). Applicant still requests a variance for the Turnpike Street side (Sign#PO1), however, reduced the variance requested from 177.2 square feet to 138 square feet, now only needing a relief variance of 62.6 sf. The new size requested will match the size of the Andover Street side (Sign#P02). Nathan Hodor, 9 Rock Road, submitted an email to the Zoning Assistant which was read into the record. Mr. Hodor would like it to be on record that the urgent care will be closing at 8:00 p.m. and the lighting on the sign will turn off when the last patient leaves (as mentioned at the previous ZBA meeting). The Board discusses adding a condition specifying a time the lighting on the Andover Street side (Sign#P02) will turn off at night. Signs are on timers. Motion made by P. Koch to close public comment. Seconded by F. Killilea. R. Faigen voted yes. A. Jacobs voted yes. E. McIntyre voted yes. P. Koch voted yes. F. Killilea voted yes. The vote to close is unanimous 5-0. The Board deliberates. Motion made by P. Koch to approve the Variance pursuant to Town of North Andover Zoning Bylaws Section 195.E-61) to install a sign on the side of the building facing Turnpike Street (#PO1) needing a relief variance of 62.6 sf. The Board imposes the following condition regarding the sign facing Andover Street side (P02): (1) The externally lit sign on the east elevation/Andover Street side (Sign#P02) shall be turned off by 8:30 p.m. every night unless otherwise required by the Town of North Andover Planning Board's Decision. The following exhibits were either submitted with the application or referenced at the meeting: (1) Convenient MD Urgent Care Signage Plans prepared by Sousa Signs dated February 16, 2022, containing three (3) pages (Cover Page, Page 01, and Page 02); and (2) Convenient MD Urgent Care Conceptual Layout Plan prepared by Sousa Signs dated January 16, 2022, containing one (1)page (Page 04); and Seconded by S. Seide. F. Killilea voted yes. E. McIntyre voted yes. P. Koch voted yes. A. Jacobs voted yes. R. Faigen voted yes. The vote to grant is unanimous 5-0. 4. Adjournment Motion made by A. Jacobs to adjourn the meeting. Seconded by P. Koch. The vote to adjourn is unanimous. ZBA Minutes for March 08,2022 Page 2 of 2