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HomeMy WebLinkAboutRecorded Notice of Decision - Decision - 300 WILLOW STREET 3/10/2026 X-R,E C E I P T Pt"Jnted: March 101 2026 @ 110-36:52 Essex North Registry M. Paul Iannuccillo' Transfi: 2939 Oper:KEVINZ CASH `w s.r...r,. Book: 18528 F Pa g e: Jo6 Instfi: 35�......0...�w wY...:..59, Ctlfi: 46 R'eo"3--10-2026 @ 11:36:52a NAND 300 WILLOWSJ* DOC DESCRIPTION TRANS AMT DECISION Surcharge CPA $50.00 50.00 50.00 recording fee 5.00 TECH FEE 50.00 5.00 Total fees., 105.00 Total charges: 105.00 CASH PMT PAYMENT -CASH 105.00 Town f N rth Andover a , ZONING BOARD F APPEALS b 1 TMa Michael T.Lis,Chair r Town Clerk,Time Stamp . Laura Cr -Co ,Vice Chair Frank J.Kilhlea,Clerk Alexander A.Jacobs,Esq., James M.Testa Associate Members e Matthew J.Ginsburg Zachary .Hac,he p l ehssa Rutherford Any appeal shall be filed.within twenty Notl �e,.M0f": ec sio r%� ` .,.. ..I PE- :m days after the date of filing ofthis notice Calendar Year 2026 in the office of the Town Clerk pursuant to Mass. Gen, L. eh. 40 A, 17 APPLICANT: APPLICATION DATE: Metro Sign & Awning on Behalf'of Seyon Group January 15,202 PROPERTY, HEARING DATE,$ 3 Willow Street January 1 ,� � North Andover,MA �1 4 Map 025,Parcel01027 PETITION 2026-004 . PROCEDURAL HISTORY AND STAT NT" OF FACTS y Applicant, by application filed January 15, 2 , has requested a variance pursuant to Town of North o Andover Zoning:bylaws, Section 195-4.13, Table 2 for specific relief of constructing a,ground sign in the 1-1 Zoning District, specifically,.Applicant has requested a setback needing a relief of 39 feet with respect to the Property, The Applicant requires a hearing before the North Andover Zoning Board of Appeals "'Board and duenotice f the hearing was given by mailing and publircat'on. Legal notices were sent to all certif"red abutters provided by the Assessor's Office of the Town of North Andover and were published n The Eagle-Tribune, anewspaper of,general circulation in the Town of North on diver, January 26, 202 publication and February 2,2026 publication. The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover, MA can Tuesday, January 13, 2026 at 7:30 p.m. with respect to the Property, which is located in the I Zoning District. Theplans lans and exhibits were submitted with the Application or at the public hearing: (1) ALTA/ACSM Land Title Survey dated October 16,200�O with a provision date ofNovember 14, 200 , and b Setr si dated J�r1 8,2 ! ,Drawing - 3 5-2r2 and Drawing#25- C2 Two plans prepared � �"' 3 5-4. rvrllow Street in the 1-1 Zoning District. The ropert The Property is located. �,t 3 � � "s non-conforming p � as follows each sign is limited to an area of l s ua.re feet and shall not be located closer than 40 feet to any property lire or 20 feet above ground level his is MrtifY tht"It Me l (20)days Curie D wne Warren r w. r 4,own of Nosh Andover ZONING BOARD of APPEALS 11. FMINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials,submitted and the 'information presented at the he The .hoard also notes that among the most significant issues that arose at the hearing was the setback requested. The hoard finds that owing to clrcumstances 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 .hoard finds that Applicant has satl�sfled the provisions to allow the requested variance p p �. order to construct a ground sign pursuant to the Town of North Andover Zoning Bylaws laws Section 195- 4.13,Table 2 in the 1-1 ,honing District in accordance with the plans, other materials, and testimony at the public hearing, M, MOTION.,VOTE,AND DECISION On January 13,2026,the Board voted to close the public hearing. A motion was made by Frank Killilea and seconded by James fiesta to grant the variance requested under Section 1 -4.13, Table 2 of the Zoning Bylaws to allow the construction of ground sign in accordance Frith the following plans and other materials. (1) ALT.A/ACSM;band Title Survey dated October 16,2000 with a provision date of November 14, 2 + ; and (2) Two Plans prepared by Metrosign dated July ,2005,Drawing#25-0838,5-2r2 and Drawing#25- 0 5 -. S The voting members in favor of the Variance: Michael T. Lis,Laura Craig-Comin,Frank J. Killilea, Jaynes M.Testa and Matthew J. Ginsburg 7 The voting members against the Vahance Nonce Non-voting members present: None The Chair declared the Board's vote to be -o to GRANT T "' . d No—rth Andover Zoning Board of Appeals :Michael T. Lis, Chair Laura Craig-Comin.,vice Chair ; "rank J.Killilea, Clerk Alexandria A.Jacobs,Esq. Janes M.Testa Matthew J. Ginsburg,Esq. Zachary J. Hachey Melissa Rutherford recision 202 004 PETITION 20 -<<N`um er>= Pale 2 of `10wn ot'NoU'---Lh Andover ZONING BOARD OF APPEALS Notes-, I A decision granting a variance or a special permit shall not be in effect until a cert'fied 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. 40A2 § 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 constru ti c on has commenced pursuant to the provisions of Town of North Andover Zoning Bylaws Section 195- 10-7. THE REMAINDER OF TFHS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 20!26-<<Number>> Page 3 of 3