HomeMy WebLinkAboutNotice of Decision - Recorded - Decision - 6/26/2025 Town of North Andover ZONING BOARD OF APPEALS ••:.._; :;,
Michael T.Lis,Ch1* Town Clerk Time Stamp
Laura Crai -Comin,Vice Chair
Drank J.1llilea,Clerk
Alexandria A.Jacobs,Esq., i.• "
amen M.Testa -'
Assn ate Members
Matthew J.Ginsburg i :;-
Zachary J,Hachey
Melissa Rutherford
. An appeal shall be filed Within twee Notice of Decision �-���'���`���`��`��r�i�������'-������a}days
�' Pp twenty hjr"iVC ;:�aii su itom date of decision
days after the date of filing of this nonce Calendar Year 2025 witi-iol.,t�11iny of ral appeal• _
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in the office of the Town Clerk pursuant €a
p O�. ri�Dawne Warren
to Mass. Gen. L. ch.40A, § 17 Town Clerk
APPLICANT: APPLICATION DATE:
JUSTIN PARKER—CLASSIC SIGNS April 18,2025
PROPERTY: BEARING DATE.
350 Winthrop Avenue May 20,2025
North Andover,MA 01845
Map 027.0,Parcel 27 PETITION*
2025-003
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I. PROCEDURAL MSTORY AND STATEMENT OF FACTS
Applicant, by application filed April 18, 2025, has requested a variance pursuant to Town of Noah
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,
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The Applicant requires a hearing befor6 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 Assessors Office of the Town of North Andover and were published in The
Eagle-Pribune, 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 North Andover Town Hall, 120 Main Strdet,North Andover, MA on
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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 flan of Classic Signs dated March 6,2024.
The Property is located at 350 Winthrop Avenue in the B-3 Zoning District, The,Propeity is non-
conforming as follows: internally lighted signs axe not allowed in thQ Business 2 D:st<'ict.
PETITION 2025-003 Page 1 of 3
Town of North Andover
ZONING BOARD OF APPEALS
H. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information .resented at the hearing.
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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, 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 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 pudic hearing.
III. MOTION
N.,VOTE.,AND DECISION
On May 20,2025 the Board voted to close the public hearing.
A motion was made by Laura Qr'ai*g-ComM" to grant the variance requested under Section X 95-d.5A of the
Zoriing Bylaws to allow the installation:of internally illuminated channel letters in accordance with(a)the
following plans and other materials:
(1) Revised flan of Classic Signs dated March 6,2024.
The voting menmibers in favor of the Variance: Michael T.Lis,Laura Craig-Coamin,James A
Testa,Matthew J.Ginsburg and Zachary L.
Hachey
The voting members against the Variance: None
I�on-voting members present: None
The Chair declared the Board's vote to be 5--0 to GAT THE VARUNCE.
North Andover Zoning Board of Appeals
Michael T.Lis,Chair
Laura Craig-Comm' ,'Vice Chair
Frank J.Killilea, Clerk
Alexandria A. Jacobs,Esq.
James M. Testa
Matthew,J. Ginsburg,Bsq,
Zachary J.Hachey
Melissa Rutherford
Decision 2025-004
PETITION 2025-003 Page 2 of 3
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)yeas of the date of the grant then such rights shall Japse and may be reestablished after
notice and a new hearing pursuant to the provisions of Mass.Gen.L.ch.40A, § 10,and(b)the
tights authorized by a decision granting a special permit shall be deemed to have lapsed after a
two(�)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 INTENTIONALLY LEFT BLAND.
END OF DOCUMENT
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PETITION 2025-003 Page 3 of 3