HomeMy WebLinkAboutDecision - Decision - 25 COMMERCE WAY 11/28/2022 Town of North Andover
ZONING BOARD OF APPEALS
Ronn R.Faigen,Chair Town Clerk Time Stamp
Alexandria A.Jacobs,Fsq.,Tlite-Cbair `?'r i'((!4! 28 k .9 { : 2 7
Allan Cuscia,Clerk ,'" I
Michael T,Lis '
Steven R.Seide g 1;;!'I OFF� )/ pp
14arociate IlleraGea;r
DrankJ.Kiltilea .� -'`T
Lauta Craig-Cowin
jarnes M.Testa
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2022
in the office of the Town Clerk pursuant "
to Mass. Gen. L. ch. 40A, § 17
APPLICANT: APPLICATION DATE:
Viewpoint Sign&Awning October 20, 2022
PROPERTY: HEARING DATE:
25 Commerce Way November 15,2022
North Andover, MA 01845
Map 035.0,Parcel 0014 PETITION:
2022-022
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed October 20, 2022,has requested variances pursuant to Town of North
Andover Zoning Bylaws, Section 195-6,6G(3) Permitted signs in the I-2 Zoning District; specifically,
Applicant is seeking a relief variance from the number of freestanding signs allowed (two signs are
proposed and one sign is allowed); a relief variance for Sign A of 38 ft, from the property line(proposed
setback is 2 ft. and required setback is 40 ft.); and a relief variance for Sign B of 39 ft, from the property
line(proposed setback is Ift. and required setback is 40 ft.) for the purpose of'replacing existing signage
with two new freestanding signs 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 31, 2022
and November 07, 2022.
The Board held a public hearing at the School Administration Building, 566 Main Street,North Andover,
MA on Tuesday,November 15, 2022 with respect to the Property,which is located in the I-2 Zoning
`District.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Plot Plan with Proposed Signage prepared by Hancock Survey Associates, Inc. dated June23,
2022, containing one(1)page;
(2) Proposed Sign A Plan prepared by Viewpoint Sign and Awning dated June 20, 2022 and revised
July 05, 2022, containing two(2) pages; and
(3) Proposed Sign B Plan prepared by Viewpoint Sign and Awning dated May 24, 2021 and revised
July 05,2022, containing two (2)pages.
PETITION 2022-022 Page] of3
Town of North Andover
ZONING BOARD OF APPEALS
The Property is located at 25 Commerce Way in the 1-2 Zoning District. The Property is non-conforming
as follows due to the number of signs allowed pursuant to Town of North Andover Zoning Bylaws and
the proposed setbacks.
II. FINDINGS/DISCUSSION/CONDITIONS
The Board has made carefid study of the materials submitted and the information presented at the hearing.
The Board also notes that among the most significant issues that arose at the bearing is the amount of
relief requested,
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 variances in
order to replace existing signage with two new freestanding signs pursuant to the Town of North Andover
Zoning Bylaws Section 195-6.6.G(3)Permitted signs in the 1-2 Zoning District in accordance with the
plans, other materials, and testimony at the public hearing,
III. MOTION,VOTE,AND DECISION
On November 15, 2022,the Board voted to close the public hearing.
A motion was made by Allan Cuscia and seconded by Steven R. Seide to grant the variances requested
under Section 195-6.6.G(3)Permitted signs of the Zoning Bylaws to allow the relief from the number of
freestanding signs allowed(two signs are proposed and one sign is allowed); a relief variance for Sign A
of 38 ft, from the property line(proposed setback is 2 ft. and required setback is 40 ft.); and a relief
variance for Sign B of 39 ft. from the property line(proposed setback is lft. and required setback is 40 ft.)
for the purpose of replacing existing signage with two new freestanding signs in accordance with the
following plans and other materials:
(1) Plot Plan with Proposed Signage prepared by Hancock Survey Associates,Tire. dated June23,
2022, containing one(1)page;
(2) Proposed ,Sign A Plan prepared by Viewpoint Sign and Awning dated June 20, 2022 and revised
July 05, 2022, containing two(2)pages; and
(3) Proposed Sign B Plan prepared by Viewpoint Sign and Awning dated May 24, 2021 and revised
July 05,2022,containing two (2)pages.
The voting members in favor of the variances: Allan Cuscia,Michael T. Lis, Steven R. Seide,
Laura Craig-Comin, and James M. Testa
The voting members against the variances: None
The non-voting members present: Ronn R, Faigen
PFUTION 2022-022 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
The Chairman declared the Board's vote to be 5-0 to GRANT THE VARIANCES.
North Andover Zoning Board of Appeals
Ronn R. Faigen, Chair
Alexandria A. Jacobs, Esq., Vice-Chair
Allan Cuscia, Clerk
Michael T. Lis
Steven R. Seide
Frank J. Kiliilea
Laura Craig-Comin
,lames M. Testa
Decision 2022-022
betist6n-2�Comncrcc Wn7 ,
Notes:
1. 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, (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 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 Noilh Andover Zoning Bylaws Section 195-
10.7.
THE REMAINDER OF TI-IIS PAGE INTENTIONALLY LEFT BLANK
END OF DOCUMENT
PETITION 2022-022 Pile 3 of 3