HomeMy WebLinkAboutDecision - date stamped - Decision - 5/27/2025 Town of North Andover
ZONING BOARD OF APPEALS }::;i.t :.
Michael 1'.J.As,('011air 0 Town Clerk Tlnic'Stamp
Laura Conaig-Comin,Vice Chair
Frankl Kiffilea,Clerk
its
Alexandria A.Jacobs,H
ay es M.Testa
Assodate Mtmbers
Matthewj.Ginsburg
zaclear yj-1jachey
Melissa Rutherford
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2025
in the office of the Town Clerk pursuant
to Mass. Gen. L. ch. 40A, § 17
APPLICANT: APPLICATION DATE,
JUSTIN PARKER—CLASSIC SIGNS April 18,2025
PROPERTY: HEARING DATE:
350 Winthrop Avenue May 20,2025
North Andover,MA 018
Map 027.0, Parcel 27 PETITION:
2025-003
1. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed April 18, 2025, has requested a Variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-6.5A for specific relief to allow an internally illuminated set of
channel letters to be installed onto the fagade of the building in the B-3 Zoning District with respect to the
Property.
The Applicant 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
Eagle-Trib une, a newspaper of general circulation in the Town of North Andover, on May 5, 2025 and
May 12,2025.
The Board held a public hearing at Noith Andover Town Hall, 120 Main Street, North Andover, MA on
Tuesday, May 20, 2025 at 7:30 p.m. with respect to the Property, which is located in the B-3 Zoning
District.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Revised Plan of Classic Signs dated March 6,2024.
The Property is located at 350 Winthrop Avenue in the 1 -3 Zoning District. The Property is non-
conforming as follows: internally lighted signs are not allowed in the Business 3 District.
PETITION 2025-003 Page I of 3
Town of North Andover
ZONING BOARD of APPEALS
The Board has made careful study of the materials submitted and the informationhearing.
o presented the
The Board also notes that among the most significant issues that arose at the hearing was the illumination
of the sign.
The Board finds that owing to circumstances relating to soil conditions shape, r
o 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,
p
financial or otherwise,to Applicant, and that desirable relief may be ranted without substantial detriment
to the public good and without nullifying or substantially derogating frorrr the intent or purpose of the
Bylaws.
Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested variance p in
order to install an internally illuminated set of channel letters to be installed onto the fagade of the
building pursuant to the Town of North Andover Zoning Bylaws Section 195-6.5A in the B-3 Zoning
District in accordance with the plans, other materials,and testimony at the public hearing,
III. MOTION,VOTE,AND DECISION
n May 20,2025 the Board voted to close the public hearing.
g
A motion was made by Laura Craig-Comin to grant the variance requested under Section 195-6.5A of the
Zoning Bylaws to allow the installation of internally illuminated channel letters in accordance with a the
Following plans and other materials:
(1) Revised Plan of Classic Signs dated March 6,2024.
The voting members In favor of the Variance; Michael T. Lis, Laura Craig-Comin,James M.
Testa, Matthew J. Ginsburg and Zachary L.
achey
The rioting members against the Variance: Done
Non-voting members present: None
The Chair declared the Board's vote to be -o to GRANT THE VARIANCE
North Andover Zoning Board of Appeals
Michael T. Lis,Chair
Laura Craig-Comm, 'Vice Chair
Frank,1. Killilea,Clerk
Alexandria A. Jacobs,Esq.
James M.Testa :.
Matthew J. Ginsburg, Esq.
Zachary J. Hachey
Melissa Rutherford
Decision2025-004
PT1TIo -00 Page 2 0`
Town of North.Andover
ZONING BOARD OF APPEALS
Notes:
L A decision granting a variance or a special permit shall not be in
effect until a certified copy o
the decision 's recorded at the Essex Coup Registry of North r� District
t ' � at Applicant's
expense. Further provided that if he Property is registered land,then a certified copy of h
decision shall also be filed wit h
2. A decision granting variance carspecial rmit as requested A �'
. ' pant does not necessarily
ensure the granting of building permit because Applicant must abide by all applicable local
state, and federal building codes and regulations prior to the issuance of a building peililit as
required by the Inspector of Buildings.
. Generally, a if the rights authorized by a decision granting a variance are not exercised within
one 1 year of the cute of the r n then such •i is 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 h the
rights authorized by a decision granting special permit shall deemed to
l l av lased after a
two 2 year period •om the date of the grant unless substantial use or construction has
commenced pursuant to the provisions of Town of North Andover Zoning Bylaws ors Section 1 -
10, .
THE REMAINDER OF THIS 'AGE INTENTIONALLY LEFT BLAND.
END OF DOCUMENT
PETITION 2 2 -0 3 f