HomeMy WebLinkAboutDecision - Time Stapmed - Decision - 79 CHICKERING ROAD 8/31/2026 i
Town of Noah Andover
ZONING BOARD OF APPEALS
Michael T.Lis,Chair Town Clerk Time Stamp
Laura Craig-Conlin,Vice Chair
Frank J,ICillilea,Clerk
Alexandria A.Jacobs,Esq.,
James M.Testa
Associate Members
Matthew J.Ginsburg
Zachary J.Hachey
Melissa Rutherford
Any appeal shall be filed with n twenty Notice of Decision
days after the date of filing of this notice Calendar Year 2026
in the office of the Town Clerl�C pursuant
to Mass. Gen.L.ch.40A, § 1
APPLICANT: APPLICATION DATI1:
Joseph H.Buchholz,Jr. July 14,2026
PROPERTY: HEARING DATE:
79 Chiekering Road August 18,2026
North Andover,MA 01845
Map 46,Parcel 0022 PETITION:
2026-011
I. PROCEDURAL HISTOIRYIAND STATEMENT OF FACTS
Applicant, by application filed July 14, 2026, has requested a Variance pursuant to Town of North
Andover Zoning Bylaws, Section 195-6.5.8, Table 2 (Dimensional Requirements) for constructing an
internally lit ground sign with LID gas price modules in the G-B Zoning District.
The Applicant requires a heari I before the North Andover Zoning Board of Appeals ('Board"), and clue
notice of the hearing was give 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 of eneral circulation in the Town of North Andovier, on August 3,2026 and
August 10,2026.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,MA on
Tuesday, August 18, 2026 at'1:2 0 p.m. with respect to the Property, which is focated in the G-B Zoning
District.
The following plans and exhib is were submitted with the Application or at the public hearing:
(1) Plot plan submitted y GPI dated July 14th,2025;and
(2) Sign plan by Buchhc Iz Signs since 1899 dated September 16th,2025.
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The Property is located at 79 Chi kering Road in the G-B Zoning District.
PETITION2026-011 Pagel pf3
Town of Noah Andover
ONINO BOARD OF.APPEALS
H. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful stidy of the materials submitted and the information presented at the hearing.
The board finds that, in accordance with Massachusetts General Law 401A Section 10, that strict
enforcement of an internally-lluminated sign in the Zoning Bylaws as writtel would result in practical
difficulty.
Therefore, the Board finds th t Applicant has satisfied the provisions to alloy,the requested variance in
order to for constructing an in ernally 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.
III, MOTION VOTE AND DECISION
On August 18,2026,the Board 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 Table 2 (Dimensional Requirements) of the Zoning Bylaws to allow the
construction of an internally lil 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 Buc oltz Signs since 1899 dated September 16,202�i
The voting members in favor c f the variance: Michael T.Lis,James M.Test ,Frank J.Killilea and
Alexandria Jacobs,Zachary H�chcy
The voting members against the variance: None
The non-voting members pres nt: Matthew J. Ginsburg
The Chair declared the Board's vote to be 5-0 to GRANT THE VARIANCE.
21b 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
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PETITION 2026-010 Page 2 of 3
Town of North Andover
ONING 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 recorded at the Essex County Registry of Deeds,Northern District at Applicant's
expense. Further prov de d that if the Property is registered land,then acertified copy of the
decision shall also be I fled with the Land Court.
2. A decision granting a ariance 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 build ing codes and regulations prior to the issuance of a building permit as
required by the Inspec or of Buildings.
3. Generally, (a)if the ri is authorized by a decision granting a variance are not exercised within
one(1)year of the dat of the grant then such tights shall lapse and may be re-established after
notice and a new hearing pursuant to the provisions.of Mass.Gen.L.ck}.40A, § 10,and(b)the
rights authorized by a Jecision 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 qonsttvetion has
commenced pursuant I o the provisions of Town of North Andover Zoning Bylaws Section 195-
10.7.
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PETITION 2026-010 Page 3 of 3