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Home My WebLink AboutDecision - 50 Peters St Time-Stamped - Decision - 50 PETERS STREET 6/25/2024 Town of North Andover ZONING BOARD OF APPEALS L Alexandria A.Jacobs,Esq,,Cbair Town Clerk Time Stamp Michael T.Lis,Vire-Chair s t Frank J,Kills,Clerk Ronn R.Faigen Steven R.Seide Asrociale Members Laura Craig-Comm James M.Testa Matthew J.Ginsburg I 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 l APPLICANT: APPLICATION DATE: Horizons Management/Poyant Signs on March 13, 2024 behalf of North Andover Ventures, L.P. PROPERTY: HEARING DATES: 50 Peters Street April 9, 2024 and June 11,2024 North Andover, MA 01845 Map 024.0, Parcel 0067 PETITION: 2024-003 I. PROCEDURAL HISTORY AND STATEMENT OF FACTS Applicant,by application filed March 13,2024, has requested Variances pursuant to the following sections of the Town of North Andover Zoning Bylaws; • Section 195-6.5.A Prohibitions in the GB Zoning District for the purpose of allowing an internally illuminated sign. Specifically,Applicant requests a relief variance for an internally illuminated sign; • Section 195-6,6.A(2)Permitted Signs in the GB Zoning District for the purpose of allowing a sign with a setback of 5 ft, from the property line. Specifically, Applicant requests the placement of a sign needing a relief variance of 5 ft. from the property line (the setback proposed is 5ft. and the setback allowed is 10 ft.); • Section 195-6.6,D(2) Permitted Signs in the GB Zoning District for the purpose of allowing a 178.5 SF sign. Specifically, Applicant requests a sign needing a relief variance of 153,5 SF (the sign size proposed is 178.5 SF and the sign size allowed is 25 SF); and • Section 195-6.6.D(2) Permitted Signs in the GB Zoning District for the purpose of allowing an 18 ft. high sign. Specifically,Applicant requests a sign needing a relief variance of 10 ft. in height(the sign height proposed is 18 ft. and the sign height allowed is The Application requires a heaving 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 P1;TMON2024-003 Pagel of4 Town of North Andover ZONING BOARD OF APPEALS Andover and were published in The Eagle-Tribune, a newspaper of general circulation in the Town of North Andover, on March 25, 2024 and April 1, 2024. The Board held public hearings at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday, April 9, 2024 at 7:30 p.m. and 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 hearings: (1) Proposed MassDot Project Sketch Plan prepared by Dana F. Perkins, Inc. dated May 1, 2024, containing one (1) page; and (2) Proposed Sign Schematic Plan prepared by Poyant Signs dated May 23, 2024, containing one(1) page. The Property is located at 50 Peters Street in the GB Zoning District. 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 were the requested relief for internal illumination and the size of the sign; specifically, the height and square footage. At the continued hearing on June 11, 2024, Applicant amended its request in order to reduce the number of Variances needed, as well as reduce the size of the sign. Applicant no longer requests an internally illuminated sign or setback. The proposed square footage of the sign reduced to 59.5 SF and the proposed height of the sign reduced to 15 ft. high. 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 following requested Variances in order to replace the existing signage with anew sign pursuant to the Town of North Andover Zoning Bylaws Section 1.95-6.6.D(2) Permitted Signs; • Variance for the purpose of allowing a 59.5 SF sign. Specifically,Applicant requests a sign needing a relief variance of 34.5 SF (the sign size proposed is 59.5 SF and the sign size allowed is 25 SF); and a • Variance for the purpose of allowing a 15 ft. high sign. Specifically, Applicant requests a sign needing a relief variance of 7 ft. in height(the sign height proposed is 15ft. and the sign height allowed is S ft.) in the GB Zoning District in accordance with the plans, other materials, and testimony at the public hearings. PETITION 2024-003 Page 2 oN Town of North Andover ZONING BOARD OF APPEALS e i III. MOTION,VOTE,AND DECISION I On June 11, 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 following Variances requested under Section 195-6.6.D(2) Permitted Signs of the Town of North Andover Zoning Bylaws in order to replace the existing signage with a new sign in the GB Zoning District; • Variance for the purpose of allowing a 59.5 SF sign. Specifically, Applicant requests a sign needing a relief variance of 34.5 SF (tire sign size proposed is 59.5 SF and the sign size allowed is 25 SF); and a • Variance for the purpose of allowing a 15 ft. high sign, Specifically, Applicant requests a sign needing a relief variance of 7 ft. in height(the sign height proposed is 15ft, and the sign height allowed is 8 ft.) in accordance with the following plans and other materials; (1) Proposed MassDot Project Sketch Plan prepared by Dana F. Perkins, Inc. dated May 1, 2024, containing one (1) page; and (2) Proposed Sign Schematic Plan prepared by Poyant Signs dated May 23, 2024, containing one (1) page. The voting members in favor of the Variances: Alexandria A. Jacobs,Esq., Michael T. Lis, Ronn R. Faigen, Steven R. Seide, and James M. Testa The voting members against the Variances: None The nonvoting members present; Laura Craig-Cumin and Matthew J. Ginsburg, Esq. The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCES. North dover Zoning and of Appeals Alexandria A. Jacobs, Esq., Chair Michael T. Lis, Vice-Chair Frank J. Ulilea, Clerk Ronn R. Faigen Steven R. Seide Laura Craig-Comin James M. Testa Matthew J. Ginsburg, Esq. Decision 2024-003 DFUSION-50 Peters St PETITION 2024-003 Page 3 of 4 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 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. TBE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2024-003 Page 4 of 4