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Home My WebLink AboutDecision - Recorded - Decision - 79 CHICKERING ROAD 9/24/2026 Town of North Andover ZONING BOARD OF APPEALS Michael T.Lis,Chair Town Clerk Time Stamp Laura Craig-Con-in,Vice Chair Frank J.TCillilea,Clerk Alexandria A.Jacobs,Esg., James M.Testa Associate Memberr f __ Matthew J.Ginsburg — - Zachary J.Hachey Melissa Rutherford t Any appeal shall be filed within twenty Notice of Decision days after the date of filing of notice Calendar Year 2026 in the office of the Town Clerk pursuant to Mass. Gen.L.ch.40A, § 17 APPLICANT: APPLICATION DATE: Joseph H.Buchholz,Jr. July 14,2026 I PROPERTY: HEARING DATE: 79 Chickering Road August 18,2026 North Andover,MA 01845 Map 46,Parcel 0022 PETITION: 2026-011 I I. PROCEDURAL HISTO iAND STATEMENT OF FACTS Applicant, by application filed July 14, 2026, has requested a Variance pursuant to Town of North Andover Zoning Bylaws, Seati n 195-6.5.8, Table 2 (Dimensional Requirements) for constructing an internally lit ground sign with T D gas price modules in the G-B Zoning District. The Applicant requires a hearin before the North Andover Zoning Board of Appeals ("Board"),and due notice of the hearing was g1 e by mailing and publication. Legal notices were sent to all certified abutters,provided by the Asses or's Office of the Town of North Andover and were published in The Eagle-Tribune, a newspaper ofgeneral circulation in the Town of North Andover, on August 3,2026 and August 10,2026. The Board held a public hearilg at North Andover Town Hall, 120 Main Street,North Andover, MA on Tuesday, August 18, 2026 at 7:3 0 p.m. with respect to the Property, which is located in the G-B Zoning District. The following plans and exhib ts were submitted with the Application or at the public hearing: (1) Plot plan submittedy GPI dated July 14th,2025; and (2) Sign plan by Buchholz Signs since 1899 dated September 16th,2025. The Property is located at 79 C�hiokering Road in the G-B Zoning District. I This is certify that twenty(20)(by$ have elapsed from date of decision without filing of an appeal. Date . I'lo Carla Dawne Warren Town Clerk PETITION 2026-011 Page 1 of 3 i 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 presented at the hearing. The board finds that, in accordance with Massachusetts General Law 40A Section 10, that strict enforcement of an internally- lluminated sign in the Zoning Bylaws as written would result in practical difficulty. Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested variance in order to for constructing an infernally lit ground sign with LED gas price modules pursuant to the Town of North Andover Zoning Bylaws Section 195-6.5.8 Table 2 (Dimensional Requirements) in the G-B Zoning District in accordance ith the plan,other material,and testimony at the public hearing. M. MOTION VOTE AND DECISION On August 18,2026,the Boarc voted to close the public hearing. A motion was made by Franb J. Killilea and seconded by James Testa to grant the variance requested under Section 195-6.5.8 Tab e 2 (Dimensional Requirements) of the Zoning Bylaws to allow the construction of an internally Iii ground sign with LED gas price modules in accordance with the following plans and other materials: (1) Plot plan submitted by GPI dated July 14,2025;and (2) Sign plan by Buch oltz Signs since 1899 dated September 16,2025:. The voting members in favor of the variance: Michael T.Lis,James M.Testa,Frank J.Killilea and Alexandria Jacobs,Zachary Hachey The voting members against e variance: None The non-voting members present: Matthew J. Ginsburg The Chair declared the Board' vote to be 5-0 to GRANT THE VARIANCE. orth Andover Zoning Board of Appeals Michael T.Lis,Chair Laura Craig-Comin,Vice Chair Frank J.Killilea,Clerk Alexandria A.Jacobs,Esq. James M.Testa Matthew J.Ginsburg,Esq. Zachary J.Hachey Melissa Rutherford Decision 2026-011 i PETITION 2026-010 Page 2 of 3 i Town of North Andover ZONING BOARD OF APPEALS Notes: 1. A decision granting a ariance or a special permit shall not be in effect until a certified copy of the decision is recorde I at the Essex County Registry of Deeds,Northern District at Applicant's expense. Further rov ded that if the Property pp P p � p rty is registered land,then a�certified copy of the decision shall also be filled with the Land Court. 2. A decision granting a yariance or special permit as requested by Applicant does not necessarily ensure the granting of a building permit because Applicant must abide t y 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 riibts 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 adecision granting a special permit shall be deemed to have lapsed after a two(2)year period front 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 MAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2026-010 Page 3 of 3 i RECEIPT Printed: September 24, 2026 ® 13:06: Essex North Registry M. Paul Iannuccillo Register Trans#: 12681 Oper:LRRECJON BUCHHOLZ SIGNS SINCE 1899 Book: 18700 Page: 139 Inst#: 16846 Ctl#: 88 Rec:9-24-2026 ® 1:05:36p NAND 79 CHICKERING RD DOC D€SCRIPTION TRANS AMT --------- DECISION Surcharge CPA $50.00 50.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 105.00 w*w Total charges: 105.00 CHECK PM 1276 105.00 j '