HomeMy WebLinkAboutDecisioin - Time Stamped 1.29.2026 down of North Andover
ZONING BOARD
Town Clerk Time Michael'1'.,Lis,Chair
,Alexandria A,Jacobs,Esq.,
1
James M.Testa
Matthew J,Ginsburg
Zachary J.Hachey
"
Melissa'Rutherford
Any appeal shall be fled within twenty ► 'ce of Dec'sion
days
a-te the date of filing of this notice Calendar Year 20126
in the office of the Town Clerk pursuant
to Mass. Gen. L, ch. 40A, § 17
APPLICANT-,,
APPLICATION DATE
Heather Hopkffis Dudko of American Sign, December 17,2025
Inc.
HEARING DATE
350 Winthrop Avenue January 13,2026
North Andover,MA 0 184
(Map 027.0,Parcel 2 TRIO P
20:26-001
1, PROCEDURAL HISTORY AND TATE E NT OF FACTS
Applicant, by application filed December 17, 20,25 has requested a Var
jance pursuant to i"own of North
Andover Zoning Bylaws, Seal. n 95.6.5A for specific relief to allow an internally illuminated set, of
ob nncl letters to be installed:onto the fagade of the building in the B 3 Zoning istriof with respect to the
Prep
The Applicant rewires a hearing before the North Andover Zoning Board of Appeals ("Board"), and dine
nonce of the hearing was given by mailing and public t on, Legal notices were sent to all certfflted'
abutters, provided by theAssessor's Office of the Town of North Andover and were published in The
Eagle-Tetbune, a newspaper of general ci culation In the Town of North An ve', n December 29,2025
and January 5 20260
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday, January 13, 2 26 at 730 pm, with respect tC the Property, wl�' is located in the B-3 Zoning
The following plans and exhibits,were submitted with the Application or at the pubic hearing
(1) Plans that include sheets by American Sign,Inc., dated.Oct0bet 22,2 25)and
(2) 1 Sheet labeled DSM Realty dated July 2025.
The Property is located at 350 WinthropAvenue 'in the B-3 Zoning DistTlot; The Property is n r
conform ing as follows: 'Internally lighted signs are not,allowed in.the Business 3 District.
PETITION,2025-0 3 Page I of
'i-own of North Andover
ZONING BOARD OF APPEALS
Ho FINDINGS/DISCUSSION/CONDITIONS
The Boardhas inade careful study of the mat ubmtted and theinformation presented at the hearing,
eriais s
The Board also notes that among the most s*gn'ficant issues that arose at the hearing was the illumination
of the sign
The,Board finds that owing to circumstances relating to soil cond't"ons, shape, ortopog rah y of the land
or structures and espe pia lly 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 Appficant, and that desirable relief may be granted without substantial detriment
to the public good and without nullifying or substantially derog'atin from the intent or purpose of'the
9
Bylaws,
Therefore, the Board finds that Appli"cant has satisfied th ons to allow the rested variance in
e Pronisi equ
order to 'Install an, lonternally illuminated set of channel letters and under-canopy signs to be installed onto
the fagade of the building pursuant to the Town of North Andover Zoning Bytaws, Sect*on ,195-6.5A in
I
the B-3 Zoning District in acQordancc with the plans, other materials,an testimony at the public hearing,
M0TI0Nj.V0T.F4 AND DECISIO
On January 13,2026 the Board voted to close the public hearing.
A=
tion 'was m y F, "Ifflea and,sec onded by L, Cral'g-C nt
omin to gra the var i"ance'requested,under
ade b K
d l
Section 195 ,6.5A of the ,Zoning Bylaws, to allow the installation of internally 1'llum'nate channe
, 1
letters and 4nder-canopy signs in accordance with(a)the following plans and other materials:
(I) Plans,that include 6 sheets by American Sign,Inc", dated,October 22,2025 and
(2) 1 Sheet labeled D:SM Realty dated July 10,20250
The voting members,in favor of the Variance, Michael I Lis,Laura Craig—Co min,James A
Testa,Frank j.Killilea,and Alexandria A.
Jacobs
The voting m embers a * st the Variance,*,a None
g in
Non-voting members present.- Melissa Rutherford
The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
N -th Andover Zoning Board,of Appeals
ot
Michael T. Lis,Chair
Laura Crat'g-Comin,Vice Chair
Frank J. Killilea, Clerk
Alexandria A. Jacobs,Esq.
J nes M,Testa
ai
Matthew J, Ginsburg,Esq.
Zachary J.Hachey
-fo:
Melissa Rutheird
Decision 2026-001
PE,ri"MON 2025-003
Pago 2 of3
Town, rth Andover
ZONING BOARD OF APPEALS
Notes
1. A decision granting a variance or a special permit shall not be i"n effect unfil a certified ropy 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 tile
decision shall also be filed with the Land Courtt
't as,requested by Apphoant does not necessarily
2. A deoision granting a variance or specia perml
ensure the granting of a building permift,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,,,
4 1 0 A 0
3. Generally,(a)if the rights authorized by a decision grantinga,variance are not exercised wi ttlin
one(1)ycar of the date of the,g'ran' t then such rights shall lapse and maybe re-establi shed 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
tin les' s
two(2)year pej m,1 od fro the date of the grant s ubstantial,use or construction has
comm enced pursuant to the provisions of Town of North Andover Zoning Bylaws Section '195"
10:.7.
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PETITION 20 5,-003 Page 3 of 3