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Home My WebLink AboutDecision - Decision - 419 ANDOVER STREET 5/10/2022 Bk 17438 Pg314 #11141 Town of North Andover 05-10-2022 @ 09 : 39a ZONING BOARD OF APPEALS 'iECCIVEI) Rona R.Fa(gen,0jair Town ClerkTimt;Sti- OFFICE alcsaudria A.)acobs,L-,,;q,,Vice-Chair 17 pl.: Mkin C uscia,Clerk Ellen P. D.Paul Kock I r.,Esq. 0 Ai.rcniar,Aleiijbely p Gin Michael T.Lis VER Saxcii R.Scide FrankJ.KUIca This is certify that twenty(20)days have elapsed from date of decision Any appeal shall be filed within twenty Notice of Decision without6ing f n appeal days after the date of filing of this notice Calendar Year 2022 Carla D4A- e Warren in the office of the Town Clerk pursuant Town Clerk to Mass. Gen. L. ch-40A, § 17 APPLICANT: APPLICATION DATE: Convenient MD Urgent Care January 13,), 2022 PROPERTY: HEARING DATES: 419 Andover Street February 08, 2022 and March 08,2022 North Andover. MA 01845 Map 024.0,Parcel 0039 PETITION: 2022-001 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant- by application filed January 13,2022, has requested a variance 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. specifically,Applicant has requested to instal I a sign needing a relief variance of 62.6 sf on the south elevation of the building facing Turnpike Street(Sign #P01)(the proposed square footage is 138 and the allowed square footage is 75.4). 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 January 24,2022 and January 31,2022. The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday, February 08,2022 and Tuesday. March 08,2022 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) Convenient NM Urge nt Care Signage Plans prepared by Sousa Signs dated February 16, 2022. containing three (3)pages(Cover Page. Page 01, and Page 02): and PETITION 2022-001 ATrue Copy Town Clerk Bk 17438 Pg315 #11141 Town of North Andover ZONING BOARD OF APPEALS (2) Convenient MD Urgent Care Conceptual Layout Plan prepared by Sousa Signs dated January 16,2022,containing one(1)page(Page 04). The Property is located at 419 Andover Street in the GB Zoning District. The shape of the Property is non-conforming and is unique as it has two entrances. In addition_the Applicant's building is located behind another establishment makine it difficult to see from the south elevation of the building which faces Turnpike Street. II. FINDINGS/DISCUSSION/CONDITIONS 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 size of the building in proportion to the size of the proposed sign. Abutters facing the east elevation on Andover Street(Sign#P02) were concerned how long the sign will remain lit at night. 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 install a sign on the newly constructed building needing a relief variance of 62.6 sf on the south elevation of the building facing Turnpike Street(Sign#POI)pursuant to the Town of North Andover Zoning Bylaws Section 195-6.6D in the GB Zoning District in accordance with the plans, other materials,and testimony at the public hearings. III. MOTION VOTE AND DECISION On March 08,2022, the Board voted to close the public hearing. A motion was made by D. Paul Koch,Jr. and seconded by Steven R. Seide to grant the variance requested under Section l 95-6.6D Permitted Signs/Business and Industrial Districts:accessory signs of the Zoning Bylaws in order to allow the Applicant to install a sign needing a relief variance of 62.6 sf on the south elevation of the building facing Turnpike Street(Sign#PO I) (the proposed square footage is l 38 and the allowed square footage is 75.4) in accordance with: (a)the following plans and other materials: (l) 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 Pu rn-IO\2032-001 Pa¢c 2 of4 Bk 17438 Pg316 #11141 Town of North Andover ZONING BOARD OF APPEALS (2) Convenient MD Urgent Care Conceptual Layout Plan prepared by Sousa Signs dated January 16, 2022,containing one (1)page(Page 04);and (b)the following condition: (1) The externally lit sign on the east elevation (Sign#P02) shall be turned off by 8:30 p.m, every night unless otherwise stipulated by the Town of North Andover Planning Board's Decision. The voting members in favor of the variance: Ronn R. Faigen,Alexandria A.Jacobs. Esq., Ellen P. McIntyre, D.Paul Koch,Jr., Esq., and Frank J. Killilea The voting members against the variance: None. The non-voting members present: Michael T. Lis and Steven R. Seide The Chairman declared the Board's vote to be 5-0 to GRANT THE VARIANCE. North Andover Zoning Board of Appeals Ronn R. Faigen, Chair Alexandria A. Jacobs,Esq., Brice-Chair Allan Cuscia, Clerk Ellen P. McIntyre D. Paul Koch,Jr.,Esq. Michael T. Lis Steven R_ Seide Frank J. Killilea Decision 2022-001 Decision-419 Andover St NOTeS: [. 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. General ly, (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 PETITION 2022-001 Page+01,4 Bk 17438 Pg317 #11141 Town of North Andover ZONING BOARD OF APPEALS 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-I0.7. THE REMAWDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PE'f1TfON 2022-001 Pave 4 of 4 M. PAUL IANNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF DEEDS E-RECORDED