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Home My WebLink AboutDECISION - Time Stamped 2024.10.17- sign 1250 Osgood Street - Decision - 1250 OSGOOD STREET 10/17/2024 Town of North Andover ZONING BOARD OF APPEALS Alexandria A.Jacobs,Esq.,Chair �7•lSR3p Town Clerk I'irne st�mi 14icliael T.Lis, I/ire-Chair �L Frank J.Killitea,Clerk Laura Craig-Corm❑ James M,Testa tlsrorraie Alelwher Xfatthew J.Ginsburg 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. ch. 40A, § 17 APPLICANT: APPLICATION DATE: Milford Learning LLC (Owner) and 1250 Osgood August 22, 2024 St LLC (Developer) PROPERTY: HEARING DATES: 1250 Osgood Street September 17,2024 and October 08, 2024 North Andover, MA 01845 Map 035.0, Parcel 0010 PETITION: 2024-012 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant, by application filed August 22, 2024, has requested a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-10.8(A) for a front setback for the purpose of razing the existing sign and replacing it with a new pylon sign on the Property and Section 195-6.6.G(3) Permitted signs — Industrial District — One ground sign, containing the name or other identification of the use on the property, for each street on which the property fronts; each sign is limited to an area of 100 square feet. Such sign shall not be located closer than 40 feet to any property line or 20 feet above ground level in the I-2 Zoning District, Specifically, Applicant has requested a setback needing a relief variance of 34 feet from the property line (the front setback proposed is 6 ft. and the front setback required is 40 feet) 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 Lcegle-Tribune, a newspaper of general circulation in the Town of North Andover, on September 02, 2024 and September 09, 2024. The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday, September 17, 2024 at 7:30 p.m. and Tuesday, October 08, 2024 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) Plan of Land prepared by Merrimack Engineering Services dated August 12, 2024 and revised September 30, 2024, containing one (1) page; and PETITION 2024-012 Page 1 of 3 Town of North Andover ZONING BOARD OF APPEALS (2) Pylon Sign Plan prepared by Jarmel Kizel Architects and Engineers Inc. dated October 01, 2024, containing one (1) page. The Property is located at 1250 Osgood Street in the I-2 Zoning District. The Property is non- conforming due to its setbacks. II. FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. The Board also notes that among the most significant issues that arose at the hearings are the proximately of the proposed sign to the street and the line of sight. 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 variance in order to replace the existing sign with a new pylon sign on the Property pursuant to the Town of North Andover Zoning Bylaws Section 195-10.9(A) and Section 195-6.6.G(3) Permitted signs—Industrial District— One ground sign, containing the name or other identification of the use on the property, for each street on which the property fronts; each sign is limited to an area of 100 square feet. Such sign shall not be located closer than 40 feet to any property line or 20 feet above ground level in the I-2 Zoning District. Specifically,Applicant has requested a setback needing a relief variance of 34 feet from the property line (the front setback proposed is 6 ft. and the front setback required is 40 feet) in accordance with the plans, other materials and testimony at the public hearings. III. MOTION,VOTE,AND DECISION On October 08, 2024, the Board voted to close the public hearing. A motion was made by Frank J. Killilea and seconded by Matthew J. Ginsburg, Esq. to grant the variance requested under Section 195-10.8(A) and Section 195-6.6.G(3) Permitted signs — Industrial District — One ground sign, containing the name or other identification of the use on the property, for each street on which the property fronts; each sign is limited to an area of 100 square feet. Such sign shall not be located closer than 40 feet to any property line or 20 feet above ground level of the Zoning Bylaws in the I-2 Zoning District. Specifically, Applicant has requested a setback needing a relief variance of 34 feet from the property line (the front setback proposed is 6 ft. and the front setback required is 40 feet) with respect to the Property in accordance with the following plans and other materials: PETITION 2024-012 Page 2 of 3 f I Town of Noah Andover ZONING BOARD OF APPEALS (1) Plan of Land Prepared by Merrimack Engineering Services dated August 12, 2024 and revised September 30, 2024, containing one (1) page; and (2) Pylon Sign Plan prepared by JarnieI Kizel Architects and Engineers Inc. dated October 01, 2024, containing one (1) page. i The voting members in favor of the variance: Alexandria A. Jacobs, Esq., Michael T. Lis, Frank J. Killilea, James M. Testa, and Matthew J. Ginsburg, Esq. The voting members against the variance: None. The non-voting members present: None. The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE. North Andover Zonin oard of Appeals Alexandria A. Jacobs,Esq., Chair Michael T. Lis, Vice-Chair Frank J. Killilea, Clerk Laura Craig-Comm James M. Testa Matthew J. Ginssburg, Esq. Decision 2024-012 Incision Tampl,tr 2019 v1.2 20190314(pk-Nk-) 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 band 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 them 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, S 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 RUMA1NDER OF THIS PAGE INTENTIONALLY LEFT BLANK. END OF DOCUMENT PETITION 2024-012 Page 3 of 3