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Home My WebLink AboutRecorded Decision - Decision - 25 COMMERCE WAY 1/17/2023 NORTHERN ESSEX REGISTRY OF DEEDS j-- A division of the Secretary of the Commonwealth ems- Qo 4- L 0 -6cx M. Paul lannuccillo 1-1�o r b h Fz 5a� i -a t P -s Register DOCUMENT COVER SHEET For use with documents that do not meet Document formatting standards This is the first page of this document—Do not remove PRINT OR TYPE DOCUMENT TYPE: NLJMBER OF PAGES (including cover sheet) TO\ N: &IMM ftim yk�� PROPERTY ADDRESS: 7-5 CMML-W�(A jd-41 (6ubL 15,6 5q M-W INDEXING SHALL BE ABSTRACTED FROM THE DOCUMENT SUBMITTED Bk 17664 Pg93 #704 Town of North Andover ZONING BOARD OF APPEALS - ' �r Ronn R Faigen,Chair Town Clerk Time Stamp Alexandria A.Jacobs,Esq.,Vice-Chair .r`l�`,' s�s(�41 28 PH • 27 Allan Cuscia,Clerk Michael T.Lis _ Steven R Seide iq O' f4ssDciate Members ��: = T T C Frank J.Killilea Laura Craig-Comm James M.Testa This is certify that tweniy(20)days Any appeal shall be filed within twenty Notice of Decision have elapsed from date of decision days after the date of filing of this notice Calendar Year 2022 without filing of an�4 �?oa? in the office of the Town Clerk pursuant Clate p Carla Da ne ren to Mass. Gen.L. ch. 40A, § 17 Town clerk APPLICANT: APPLICATION DATE: Viewpoint Sign&Awning October 20,2022 PROPERTY: HEAR NG 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 1ft. 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 21e 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. ATTEST: ,J) A True Copy (I MTITION2022-022 _ _"`� "�-IJL) -• Page I of �t Town Clerk Bk 17664 Pg94 #704 Town of North Andover ZONING BOARD OF APPEALS The Property is located at 25 Commerce Way in the I-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, FTNDINGS/DISCUSSIONICONDITIONS The Board has made careful 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 hearing 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 I-2 Zoning District in accordance with the plans, other materials, and testimony at the public hearing. M. 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 Ift. 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,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. 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 PETITION 2022-022 Page 2 of3 Bk ,17664 Pg95 #704 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. Killilea Laura Craig-Comin James M. Testa Decision 2022-022 Notes: 1. A decision grantino,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 North Andover Zoning Bylaws Section 195- 10.7. THE REMAINDER OF THIS PAGE INTPMONALLY LEFT BLANK END OF DOCUMENT PSTMON, 2022-022) Page 3 of 3