HomeMy WebLinkAboutDECISION - 12 Mass Ave - Time Stamped - Decision - 12 MASSACHUSETTS AVENUE 6/17/2024 Town of North Andover
ZONING BOARD OF APPEALS
Alexandria A.Jacobs,Esq.,Chair � Town Clerk Time Stmnq
Michael T.Lis,Vire-Chair
Fi!ank J.KiUlea,Clerk 3
Rohn R.Faigen I
Steven R.Seide
Associate Membos
Laura Craig-Comm
James M.Testa E
Matthew J,Ginsburg E
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2024
in the office of the Town Clerk pursuant
to Mass. Gen. L. eh. 40A, § 17
APPLICANT: APPLICATION DATE: 3
Carolyn Parker on behalf of May 13, 2024
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Global Companies, LLC
PROPERTY: HEARING DATE:
12 Massachusetts Avenue June 11, 2024
North Andover, MA 01845
Map 002.0, Parcel 0003 PETITION:
2024-007
L PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed May 13, 2024, has requested a Special Permit pursuant to Town
of North Andover Zoning Bylaws, Section 195-6,5.A, Prohibitions, internally illuminated signs
not allowed, in the GB Zoning District for the purpose of removing the existing manual pricing
and installing internally illuminated LED pricing on the existing signage at the Mobil site;
specifically, Applicant has requested it be allowed to have internally illuminated LED pricing on
the existing signage 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 j
Andover and were published in The Eagle-Tribune, a newspaper of general circulation in the j
Town of North Andover, on May 27, 2024 and June 03, 2024.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,
MA on Tuesday, June 11, 2024 at 7:30 p.m. 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 hearing,
(1) Existing and Proposed Sign Schematic Plans prepared by Federal Heath Sign Company,
LLC dated October 6, 2023, containing one (1)page.
The Property is located at 12 Massachusetts Avenue in the GB Zoning District.
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PETITION 2023-007 Page 1 of
Town of North Andover
ZONING BOARD OF APPEALS �
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II. TINDINGS/DISCUSSION/CONDITIONS
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The Board has made careful study of the materials submitted and the information presented at
the hearing.
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The Board finds that under Section 195-10.7(A) of the Bylaws and as conditioned below, (a) the !
Property is an appropriate location for the use, structure, or condition, (b) the use as developed
will not adversely affect the neighborhood, (c) there will be no nuisance or serious hazard to
vehicles or pedestrians, (d) adequate and appropriate facilities will be provided for the proper
operation of the use, and (e) the use is in harmony with the general purpose and intent of the
Bylaws. j
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The Board further finds that under Section 195-9.1 of the Bylaws and as conditioned below, the 1
Applicant's proposed change, extension, or alteration to the Property is not substantially more
detrimental to the neighborhood than the existing conditions.
Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested
Special Permit in order to allow the Applicant to remove the existing manual pricing and install 1
internally illuminated LED pricing on the existing signage at the Mobil site pursuant to the Town
of North Andover Zoning Bylaws Section 195-6.5.A, Prohibitions, in the GB Zoning District in
accordance with the plans, other materials, and testimony at the public hearing.
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III. MOTION,_VOTE,AND DECISION
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On June 13, 2024, the Board voted to close the public hearing.
A motion was made by Michael T. Lis and seconded by Ronn R. Faigen to grant the Special
Permit requested under Section 195-6.5.A, Prohibitions, of the Zoning Bylaws for the purpose of
removing the existing manual pricing and installing internally illuminated LED pricing on the j
existing signage at the Mobil site; specifically, allowing Applicant to have internally illuminated
LED pricing on the existing signage in accordance with the following plans and other materials:
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(1) Existing and Proposed Sign Schematic Plans prepared by Federal Heath Sign Company,
LLC dated October 6, 2023, containing one (1)page.
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The voting members in favor of the special permit: Alexandria A. Jacobs, Esq., Michael T. Lis, [
Ronn R. Faigen, Steven R. Seide, and
Matthew J. Ginsburg, Esq.
The voting members against the special permit: None.
The non-voting members present: Laura Criag-Comin and James M. Testa
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PETITION 2024-007 Page 2 of 3
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Town of North Andover
ZONING BOARD OF APPEALS
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The Chair declared the Board's vote to be 5-0 to GRANT THE SPECIAL PERMIT.
ofqo)iA�A
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Noart ndover z6oniiooard of Appeals j
Alexandria A. Jacobs, Esq., Clair ?
Michael T. Lis, Vice-Chair
Frank J. Killilea, Clerk �
Ronn R. Faigen
Steven R. Seide
Laura Craig-Comin
James M. Testa
Matthew J. Ginsburg,Esq, 1
Decision 2024-007
U7 USION-12Mm Ave 3
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
North Andover Zoning Bylaws Section 195-10.7.
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