HomeMy WebLinkAboutVariance - Application - 335 WILLOW STREET 11/17/2021( m
TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEAL
1 ,V)Y 17 fits I: t.t5
t"own Clerk Time Stamp
NAME: Expose'Signs and Graphics, Inc. Andrew Clark
ADDRESS OF APPEAL: 335 willow Street
Procedure chi Requirements
for an Application for a Variance
Twelve(12)copies of the following information must be The Office of Zoning Board of Appeals schedules an applicant
submitted thirty(30)-days prior to the first public hearing. for a hearing date and prepares the legal notice for mailing to
Failure to submit the required information within tine time the parties in interest(abutters)and for publication in the
periods prescribed may result in a dismissal by the Zoning newspaper. The petitioner is notified that the legal notice has
Board of an application as incomplete. been prepared and the cost of the Party in Interest fee.
The information herein is an abstract of more specific
requirements listed in the Zoning Board Rules and STEP 7: DELIVERY OF LEGAL NOTICE.TO
Regulations and is not meant to supersede them. The NEWSPAPER:
petitioner will cantplete items that are underlined. The petitioner picks up the legal notice front the Office of the
Zoning Board of Appeals and delivers the legal notice to the
S"I'EP I: ADMINISTRATOR PERMIT DENIAL: local newspaper for publication.
The petitioner applies for a.Building Permit and receives a
Zoning Bylaw Denial form completed by the Building STEP 8: PUBLIC HEARING BEFORE THE ZONING
Commissioner. BOARD OF APPEALS:
The petitioner should appear on his/her behalf,or be
STEP 2: VARIANCE APPLICATION FORM: represented by an agent or attorney. In the absence of any
Petitioner completes an application form to petition the Board appearance without due cause oil behalf'ofthe petition,the
of Appeals for a Variance. All information shall be completed. Board shall decide oil the matter by using the information it tins
received to date.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as cited STEP 9: DECISION:
in page 2,section 9 of this form. After the hearing and decision,a copy of the Board's decision
will be filed in the Office of the Town Clerk and sent to the
STEP 4: OBTAIN LIST OF PARTIES IN INTERFST: petitioner and all Parties in Interest.Any appeal of the Board's
The Petitioner requests(lie Assessor's Office to compile a decision may be made pursuant to Massachusetts General Law
certified list of Parties in Interest(abutters). ch.40A,y 17,within twenty(20)days after the decision is filed
with the"Gown Clerk.
STEP 5: SUBMIT APPLICATION:
Petitioner submits one(1)original and eleven(1 1)copies of all STEP 10: RECORDING THE DECISION AND TH E,
required information to the Town Clerk's Office to be certified PLANS.
by the Town Clerk with the time and date of filing. "fire The petitioner is responsible for recording certification of the
original shall be submitted to the Town Clerk's Office,and the decision,and any accompanying plans at the Essex County,
11 copies will be submitted to the Zoning Board of Appeals North Registry of Deeds; 1 Union Street, Lawrence MA 01840
secretary, and shall complete tine Certification of Recording form and
forward it to the Zoning Board of Appeals and to the Building
STEP 6: SCHEDULING OF HEARING AND Department.
PREPARATION OF LEGAL,NOTICE:
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IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. &Services 978-688-9501 Town Clerk's Office
North Andover-Town Nall 978-688-9566 Assessor's Office
120 Main Street
North Andover, MA 01845
978-688-9542 Fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
IMPCIR`('ANT: APPLICANTS MUST COMPLE'FE ALI, ITEMS ON THIS FORM
PETITIONER INFORMATION
NAME: Expose' Signs and Graphics, Inc. -Andrew Clark
ADDRESS: 3 Landing Lane Hopedale, MA 01747
PHONE: 508-381-0941 x 103 EMAIL: accounting@exposesigns.net
If the pelitiorier mid/or property owner is a company,corporation or other entity,a list of the names and addresses of the
principals,officers andlar managers must be attached to this form.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 335 Willow Street
ZONING DISTRICT: 11 ASSESSORS PROPERTY MAP NO.:025.0.0074.0000.0 ,
LOT NO.:
OWNER OF RECORD: -Muffin 3X, LLC,
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 16022 PAGE 327 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner, abutter, etc.):
Contractor
CURRENT USE: office
PROPOSED USE: office
PREVIOUS VARIANCE GRANTED: YES NO DECISION NO./DATE:
OTHER REGULATORY REVIEW: YES`NOX IF YES, DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
-CErrant hitilrii PG-mLhave-a ground-siga.identiL ing-ffie-n=p.ant.Shp lot has 204ff. nLkm ag _and_
the building is set 50 from lot line. The grade slope up toward the building and there are significant
rtdseafsir h 9-geu 9 temd-in-the-fot- t-back iOft.frorrr
the edge of the road.
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a
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the structure(s) and/or use(s):
NIA
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
Specific.Relief:-Zoning Bylaw 1,95-6.6.0.3 . Such sign shall not.be located.closer than 40.feet to any property.line....
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
Muffin 3x,.LLC.is seeking relief.from.Zoniing Bylaw 19.5.-6.6,G.3. Such sign shall not be located closer than,4.0 feet to.any
property line. We propose placement of sign in the location of the current sign,with setback being 8ft. from lot line.
The topography of the lot and the presences of landscaping make placement of a sign 40 from the lot invisible and
punitively expensive. There is a large berm and retaining wall abutting the building where the sign would need to be
located. A section of this would need to be demolished. t=ven if,this was accomplished,the ground around the sign would
hide the faces and.they would not be.visible..:The.40ff..setback is not consistent.with.the other signs along.the.roadway ,
and is way out of the line of sight for vehicles traveling along Willow St from either direction. This makes it difficult and
dangerous for motorists looking for the location and having to take their focus off the road,when the proposed set back
would enable safer and quicker recognition of the building Occupant,
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Attached,are documents.that show the existing sign.and other signs.along.Willow st with non-conforming set b.ack..A .
rendering show the proposed sign in the proposed location and in the allowable setback. A site plan showing the
proposed location and a layout showing the description of the sign and its dimensions:
SUPPORTING STATEMENT
&ICH OF FOLLOWING 111iQJUIREh4EAI S FORA VARIANCE MUST RE ESTA13L1S1-IED AND SET FORTH IN COMPLETE DETAIL BY
THE A PPL/CAN TINAC'CORDANC'L'1111III C.L. C. 40A,§10,
1. Describe the special circumstances related to soil conditions, the shape or the topography of the land or
structure that are unique to the parcel:
.The.slope..of.the.land back towards the building, the retaining berm/wall and the.existence of.mature trees and landscaping
are unique structural features of this parcel.
2. Specify how the circumstances do not generally affect other properties in the zoning district:
.Other.properties.have clear.line.of site, open grass.areas.and landscaping and flat lots that are-substantially different from
this location.
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
Placing the sign at the.allowed.setback would render it invisible and.would require.a large-change.to.the topography of the .,
lot and changes to a retaining berm/wall. These changes represent a large investment in capital and would also ruin the
'appealing nature of the landscaping.,Even if these changes were made,the sign would be so far removed from the
line-of-sight of the vehicles traveling on Willow St. it would not be legible.
4. Explain how the proposed variance is the minimum. change that is necessary to allow the reasonable use
of the land or structure:
Allowing.the proposed setback is a_immediate, cost..free..way_to.:bring the.allowable.sign into the line of sight.of.v.ehicles.
and properly identify the address and occupants of the building.
5. Explain why granting the proposed variance will be in harmony with the purpose and intent of the
North Andover Zoning Bylaw:
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Granting the variance would.be consistent.with.the purpose of the bylaw,as the_sign would be.legible,.effective and .
appealing. The bylaw was created to protect and enhance the visual environment of the Town for purposes of safety,
convenience,information, and the welfare of its residents.All these criteria will be met by allowing the sign to be placed
closer to the street, in the existing sign s location
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
Allowing the variance does not harm.the neighborhood or.impact the,bylaw as the.property has an,existing non.-.conforming
sign location that was likely in place prior to the adoption of the bylaw. There will be no detrimental effect as the vast
majority of the properties in this industrial park have signs that are not in compliance with the bylaw. The proposed -
location enhances the safety of travelers by providing the necessary information in a clear, legible and tasteful manner,
7A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current
Zoning Bylaw Requirements. (Lines A and B in case of a lot split)
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
S .Ft. Coverage Feet Spaces Front Side A Side B Rear
13.
%
7B. Existing Lot:
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
S .Ft. Coverage Feet Spaces Front Side A Side B Rear
7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
O/O
7D. Required Lot: (As required by Zoning Bylaw&Table 2)
Mininuint Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Covers e Feet Spaces Front Side A Side B Rear
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
8A. Existing Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
*References Uses from the Zoning Bylaw&Table 1.
**State number ofr€nits in building(s).
8B. Proposed Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
*References Uses from the Zoning Bylaw&Table 1.
**State number ofr€nits in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signatures ojPefifroner(s)are required)
I am (we are) the owner(s) of the property subject to this variance petition and I (we) Consent and certify as
follows:
I. I (we) grant permission for officials and employees of the Town of North Andover to access my property
for the purposes of this petition;
2. I (we) certify that I (we) have read the Board's Rules and Procedures before submittal to ensure the
completeness of my (our) petition;
3. I (we) certify that all the staternents within this application and attachments are true and accurate to the
best of my (our k ed a4d belief,
X Andrew Clark 11/10/21
(Petitioner Signature) (Date)
X
(Petitioner Signature) (Date)
IfAly)icable:
Name of Attorney/Agent for Applicant:
Address of Attorney/Agent:
Phone Number of Attorney/Agent:
Entail Address of Attorney/Agent:
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NORTH ANDOVE=R ZONING BOARD OF APPEALS petition for a VARIANCE
9. PLAN OF LAND G. Names addresses and phone
Each application to the Zoning Board of Appeals shall numbers of the applicant,owner or
be accompanied by the foliowing described plan. record,and land surveyor.
Plans must be submitted with this application to the 7. Locus
Town Clerk's Office and the ZBA secretary at least
thirty(30)days prior to the public hearing before the 9. D. Minor Project
Zoning Board of Appeals. Minor projects,such as decks,sheds,and
garages,shall require only the plan information
A set of building elevation plans by a Registered as indicated with an asterisk(*). In some cases
Architect may be required when the application further information may be required.
involves new construction/conversion/and/or a
proposed change in use. 10. APPLICATION FILING FEES
10. A. Notification fees: Applicant shall provide
9. A. Major Projects a check or money order to: "Town of North
Major Projects are those, which involve one of the Andover" for the cost of first class,certified,
following whether existing or proposed: return receipt x#of all parties in interest
1). Five(5)or•more parking spaces, identified in M.G.L ch.40A §I I on abutters list
11). Three(3)or more dwelling units, for the legal notice check. Also,the applicant
111).2,000 square feet of building area. shall supply first class postage stamps for each
Major Projects shall require,that in addition to the 9B address listed on the abutter's list,plus an
&9C feature, that the plans show detailed utilities, additional two(2) for the decision mailing.
soils,and topographic information. 10. B. Mailing labels: Applicant shall provide
x9. B. Plan Specifications: four 94)sets of mailing labels no larger than
1). Size of plan: Ten (10)paper copies of I"x2-5/8"(Three(3)copies for the Legal,and
a plan not to exceed I I"x 17", one(1)copy for the Decision mailing).
preferred scale of 1"=40'
11). Plan shall be prepared,stamped and 10.C. Applicant shall provide a check or
certified by a Registered Professional money order to:"Town of North Andover"per
Land Surveyor. Please note that plans the 2005 Revised Fee Schedule.
by a Registered Professional Engineer.
Registered Architect,and/or a ► A Variance once granted by the ZBA will
Registered Landscape Architect may lapse in one(1)year if not exercised and a new
be required for Major Projects. petition must be submitted
19. C. "Requit•ed Features On Plan.
1). Site Orientation shall include:
1. North point
2. Zoning district(s)
3. Nantes of streets
4. Wetlands(if applicable)
5. Abutters of property,within 300'
radius
b. Locations of buildings on adjacent
properties within 50' fi•om
applicants proposed structure
7. deed restrictions,easements.
11). Legend&Graphic Aids shall
include:
1. Proposed features in solid lines&
outlined in red
2. Existing features to be removed in
dashed lines
3. Graphic scales
4. Date of Plan
5. Title of Plan
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