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Home My WebLink AboutRecorded Decision - Decision - 335 WILLOW STREET 3/16/2022 P-F-j221 S64-71_ 2 C Dro Town of North Andover ZONING BOARD OF APPEALS D.Paul Koch Jr.,Esq.,Ch4irzvan Town Clerk Time Stanip Ronn R.Faigen, Vice-Chainwan Allan Cuscia,Clerk Alexandria A.Jacobs,Esq. Ellen P.McIntyre A,r.f odate Mdwherjr Michael T.I-is This is certify that twenty(20)days Steven R.Scide have elapsed from date of decision Fj:ankj.I<Mea without filing off P Llaw,Datel � — Carla Dawne Warren Town Clerk Any appeal shall be filed within twenty Notice of Decision 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: Expos6 Signs and Graphics, Inc. November 17, 2021 PROPERTY: HEARING DATE: 335 Willow Street December 14,2021 North Andover,MA 01845 —Map 025.0,Parcel 0074 PETITION: 2021-18 J 1. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed November 17,2021,has requested a variance pursuant to Town of North Andover Zoning Bylaws, Section 195-6.6.G.3 Permitted Signs/Industrial Districts in the I-I Zoning District;specifically,Applicant has requested the placement of a sign needing a relief variance of 32' from the property line(the setback proposed is 8' and the setback required is 40')for the purpose of allowing the replacement of an existing 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 November 29,2021 and December 06,2021. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on Tuesday,December 14,2021 at 7:30 p.m.with respect to the Property,which is located in the 1-1 Zoning District. The following plans and exhibits were submitted with the Application or at the public hearing: PU C, (1) Plan of Land prepared by The Morin-Cameron Group,Inc.dated November 3, 2021 containing one(1)page;and (2) Proof of Proposed Sign prepared by Expos6 Signs&Graphics,Inc. dated August 26,2021 containing one(1)page. The Property is located at 335 Willow Street,North Andover MA 01845 in the 1-1 Zoning District. The Property is non-conforming due to setbacks. AI'UESP. A'D-ne Copy PETITION 2021-18 ,yer Page I of 3 TOW11 Clerk Town of North Andover ZONING BOARD OF APPEALS II. FINDINGS/DISCIISSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearing. The Board finds that owing to circumstances relating to soil conditions, shape,or topography of the land or structures and especially affecting such Iand 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. i Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested variance in order to allow the replacement of an existing sign pursuant to the Town of North Andover Zoning Bylaws Section 195-6.6.G.3 Permitted Signs/Industrial Districts in the 1-1 Zoning District in accordance with the plans,other materials,and testimony at the public hearing. III. MOTION VOTE AND DECISION On December 14, 2021,the Board voted to close the public healing. A motion was made by Allan Cuscia and seconded by Frank J.Killilea to grant the variance requested under Section 195-6.6.G.3 of the Zoning Bylaws to allow the replacement of a sign needing a relief variance of 32' from the property line(the setback proposed is 8' and the setback required is 40')in accordance with the following plans and other materials: (1) Plan of Land prepared by The Morin-Cameron Group,Inc. dated November 3, 2021 containing one(1)page; and (2) Proof of Proposed Sign prepared by Expose Signs&Graphics,Inc. dated August 26,2021 containing one(1)page. The voting members in favor of the variance: D. Paul Koch,Jr.,Esq.,Allan Cuscia, Alexandria A.Jacobs,Esq.,Frank J.Killilea, and Steven R. Seide The voting members against the variance: None The non-voting members present: Ellen P. McIntyre The Chairman declared the Board's vote to be 5-0 t T THE VARIANCE. Nor And er Zoning Board of Appeals D.Pa Koch r.,Esq.,Chairman Ronn R.Faige ,Vice Chair Allan Cuscia,Clerk Alexandria A. Jacobs,Esq. Ellen P. McIntyre Michael T. Lis Steven R. Seide Frank J. Killilea Decision 2021-18 335 willow street--04 decision v2.0 20211222(ft-Iredline).doe PETITION 2021-18 Page 2 o1 3 Town of North Andover ZONING BOARD OF APPEALS 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 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, THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT _J PETITION 2021-18 Page 3 of 3 i RECEIPT Printed: March 16, 2022 14:20:53 Essex North Registry M. Paul Iannuccillo Register Trans#: 4736 Oper:KEVINZ EXPOSE SIGNS Book:^17378^Page- 221 Inst#: 6471 t Cti#: 83 Rec:3-16-2022 @ 2:20:49p NANO 335 WILLOW ST ` DOC DESCRIPTION TRANS AMT DECISION Surcharge CPA $50.00 50.00 50.00 recording fee 50.00 ! 5.00 TECH FEE 5.00 Total fees: 105.00 II-xx'Total charges: 105.00 CHECK PM 2087 105.00