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HomeMy WebLinkAboutVariance Application - Application - 79 CHICKERING ROAD 7/14/2026 TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS Town Clerk Time Stamp NAME:Joseph H Buchholz, JR ADDRESS OF APPLICANT : 102 Depot Rd Oxford, MA 01540 Procedure & Requirements for an Application for a Variance Twelve(12)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty 30 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of Zoning Board of Appeals schedules an applicant periods prescribed may result in a dismissal by the Zoning for a hearing date and prepares the legal notice for mailing to Board of an application as incomplete. the parties of interest(abutters)and for publication in the The information herein is an abstract of more specific newspaper. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The STEP 7: DELIVERY OF LEGAL NOTICE TO petitioner will com lete items that are underlined. NEWSPAPER: The petitioner may pick up the legal notice in person from the STEP 1:ADMINISTRATOR PERMIT DENIAL: Office of the Zoning Board of Appeals or the legal notice can The applicant applies for a Building Permit and receives a be emailed to the petitioner for publication in the newspaper. If Zoning Bylaw Denial form completed by the Building the legal notice is published at least fourteen(14)days before Commissioner. the hearing,then the Applicant is scheduled for a hearing date. STEP 2:VARIANCE APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING Applicant completes an application form to petition the Board BOARD OF APPEALS: of Appeals for a Variance. All information shall be completed. The applicant should appear on his/her behalf,or be represented by an agent or attorney. In the absence of any appearance STEP 3: PLAN PREPARATION: without due cause on behalf of the applicant,the Board shall Applicant submits all of the required plan information as cited decide on the matter by using the information it has received to in page 2,section 9 of this form. date. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The STEP 9: DECISION: Applicant requests the Assessor's Office to compile a certified After the hearing and decision,a copy of the Board's decision list of Parties in Interest(abutters). will be filed in the Office of the Town Clerk and sent to the petitioner and all Parties in Interest.Any appeal of the Board's STEP 5: SUBMIT APPLICATION: decision may be made pursuant to Massachusetts General Law Applicant submits one(1)original and eleven(11)copies of ch.40A, § 17,within twenty(20)days after the decision is filed all required information to the Town Clerk's Office to be with the Town Clerk. certified by the Town Clerk with the time and date of filing. The original shall be submitted to the Town Clerk's Office, STEP 10: RECORDING THE DECISION AND THE and the 11 copies will be submitted to the Zoning Board of PLANS. Appeals secretary. The applicant is responsible for recording certification of the decision,and any accompanying plans at the Essex County, North Registry of Deeds; 1 Union Street,Lawrence MA 01840 and shall complete the Certification of Recording form and f9rward it t�the Zoning�B�yd o�*AyRejls and to the Building* �e9rxk�xx�e�F4r�r9e9esE�r'c9e��4e�Fs��'r�e�e�'e�x4ex���F�F�Fs��'e�e�'e�cx9e�'edek�ek� D9:9cx��F9e �dc4rxxx�ede4r��e4e9r epartment. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev.& Services 978-688-9501 Town Clerk's Office North Andover Town Hall 978-688-9566 Assessor's Office 120 Main Street North Andover,MA 01845 978-688-9542 Fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE IMPO'L `IpAPIJl: APP .rt CAY,^ 4Lsm.uiw;;',17 cow LETE A11,L ITEMS 0.N r131iS FOR.Mi. PETITIONER INFORMATION NAME: Joseph H Buchholz JR Buchholz Signs Since 1899 ADDRESS: 102 Depot RD Oxford MA 01540 PHONE: 508-524-2857 EMAIL: jbuchholzjr@msn.com If the petitioner and/or property owner is a company,corporation or other entity,a list of the names and addresses of the principals,officers and/or managers must be attached to this form. SUBJECT PROPERTY INFORMATION LOCATION OF PROPERTY: 73-77 Chickering RD ZONING DISTRICT: General Business ASSESSORS PROPERTY MAP NO.:46-22 , LOT NO.:046.0022-0000.0 OWNER OF RECORD: Schruender Realty Inc DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT: BOOK: 1274 PAGE 219 OR CERTIFICATE NO.: RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner, abutter, etc.): Applicant for Super Petroleum CURRENT USE: Service Station PROPOSED USE: Service Station PREVIOUS VARIANCE GRANTED: YES NO x DECISION NO./DATE: OTHER REGULATORY REVIEW: YES—NO x IF YES,DESCRIBE STATUS: EXISTING CONDITIONS DESCRIPTION: Service station with freestanding ground sign and manual change gas price sign Page 2 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE PROPOSAL DESCRIPTION 1. Briefly describe all proposed changes to the structure(s) and/or use(s): Replace-existing sign with.,new///,ext wally..Jiksign,with,LF-D..gasepxicewmoduJe 2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition: 195-6.4 Enforcing 195-6.5A Prohibited lighting (LED Gas Price Module -1.95o6-D�(6n).Ammended-6,7 21,ART"mbyArt31 SQSF� ign alloan�ed 16e.maxmhe�ght.� o„a a, �„u., w,. ,4; „ ,z m,o.. 3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance dimensional requirements and proposed dimensional conditions: Allow,.LED.Price,Modules Sign will,meet.size..allowed,iy.6y-lays,(1.96-6.6 4. Identify and describe all plans and supporting documents being submitted with this variance petition: ,S�a�zp,D,aawing.�.fp, o,p,esoed,sign with imensio,ns ara�Ilghting�ite,.,,PJan„Copy ef.,Deed - .-,,, —. —, - . ,,,o,,m Page 3 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE SUPPORTING STATEMENT .;'A(,:IIOFF'(ALA,O;J'I " " QIIIREUrC, ISI� '-O ,4 VARIANCYARAV "BEESTABLIMHEPmA AND SET FORT11IN `OMPLETEDk";7AILB)'�, ( a'1' 1a 1. Describe the special circumstances related to soil conditions,the shape or the topography of the land or structure that are unique to the parcel: .i one-that..eppiy..._,- —_-.-----.w._� 2. Specify how the circumstances do not generally affect other properties in the zoning district: 3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial hardship to the owner: ,,Otfaer-,stationsi,n..to,wn,bay.e.those,,They,grewqui_ckex,,a.n.d,.safor.to.Qh_ang.,asp.c,ialty..in,.bad,w.eather.This..can,.remQve-a. - ....,, potential hazard from wind blowing number panels out of sign. LED prices are easier to read for drivers passing by looking �for•price.....�,...,a,_�,:�.n .� ,.u. ,.1,, �,,.,.�.. ..e.,�.�_ma m..�.��.. �,...�.�,n_.�_�rt..,�.�, ..,,.T.�.�,�nxz.,...��..�w...,�....�,m,,,,...�..�.,�x..�4��,.�..........�.,�m,�,,,,..�.,__�.� �...m,_4��.�m�.:,. Allowing other stations and not this one is a competitive disadvantage as well. 4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use of the land or structure: ..P.�:ices,.,are,..stili�disp.1.ayed.,bit_easier,..t�,read.,,andtisatentochang S. Explain why granting the proposed variance will be in harmony with the purpose and intent of the North Andover Zoning Bylaw: Page 4 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE ..S�gn.will..cornply with,all..othermby-laws and,match other-permitted-similar type,pri -s gns..in,awn 6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the public welfare: ,c..lrx ap.ct.and will allow,,pr,lces.to bee easily r�ad,ando,cleaner looking-sign 7A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B in case of a lot split) Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear LA. % B. 7B. Existing Lot: Minimum Lot Setback Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear % 7C. Proposed Lot(s): Minimum Lot Setback Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 7D. Required Lot: (As required by Zoning Bylaw&Table 2) Minimum Lot Setback Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear % Page 5 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE SA. Existing Iluilding(s): _ Ground Floor Sq. Number of � Total Sq Wu ber Ft. Floors Height Ft. Use of Building* of Units* �v *References Uses from the Zoning Bylaw&Table 1. °#State number of units in building(s). R d Proposed uilding(s): Ground fi_oor Sq. Number of Total Sq. Number Floors jj ht Ft. YJse of Building* of Units* *References Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). TROPERBI` OWNER CONSENT,CERTIFICATION& SIGNATURE (Signatures of Petitioner(s)are required) I am.(we are)the owner(s) of the property subject to this variance petition and I(we)consent and certify as follows: 1. I (we)grant permission for officials and employees of the Town of North Andover to access my property for the purposes of this petition; 2. I(we)certify that I (we)have read the Board's Rules and Procedures before submittal to ensure the completeness of my(our)petition; 3. I(we)certify that all the statements within this application and attachments are true and accurate to the best of my(our)knowledge and belief. (Petitioner Signature) (Date) �C (Petitioner Signature) (Date) If'Applicable: 11 Name of Attorney � ar Applicant ��r'���°�4 f�� f)�r c_�2 n.,c�d�Iz, ,._,.�. Welit + O4 Address of Attorne l ent 0" f,,t" Am ' Phone Number of AttorneyAg 5: 6<4 :P?ci 1_gem � Finall Address of Attorney,/Aµm ., gent c,�c,tj C7 . Page 6 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE 9. PLAN OF LAND 6. Names addresses and phone Each application to the Zoning Board of Appeals shall numbers of the applicant,owner or be accompanied by the following described plan. record,and land surveyor. Plans must be submitted with this application to the 7. Locus Town Clerk's Office and the ZBA secretary at least thirty(30)days prior to the public hearing before the 9. D. Minor Project Zoning Board of Appeals. Minor projects,such as decks,sheds,and garages,shall require only the plan information A set of building elevation plans by a Registered as indicated with an asterisk(*). In some cases Architect may be required when the application further information may be required. involves new construction/conversion/and/or a proposed change in use. 10. APPLICATION FILING FEES 10.A. Notification fees:Applicant shall provide 9.A. Major Projects a check or money order to:"Town of North Major Projects are those,which involve one of the Andover"for the cost of first class,certified, following whether existing or proposed: return receipt x#of all parties in interest 1). Five(5)or more parking spaces, identified in M.G.L ch.40A§11 on abutters list 11). Three(3)or more dwelling units, for the legal notice check. Also,the applicant III).2,000 square feet of building area. shall supply first class postage stamps for each Major Projects shall require,that in addition to the 9B address listed on the abutter's list,plus an &9C feature,that the plans show detailed utilities, additional two(2)for the decision mailing. soils,and topographic information. 10.B. Mailing labels: Applicant shall provide *9.B. Plan Specifications: four 94)sets of mailing labels no larger than I). Size of plan: Ten(10)paper copies of 1"x2-5/8"(Three(3)copies for the Legal,and a plan not to exceed I I"x17", one(1)copy for the Decision mailing). preferred scale of 1"=40' Il). Plan shall be prepared,stamped and 10.C. Applicant shall provide a check or certified by a Registered Professional money order to:"Town of North Andover"per Land Surveyor. Please note that plans the 2005 Revised Fee Schedule. by a Registered Professional Engineer. Registered Architect,and/or a ► A Variance once granted by the ZBA will Registered Landscape Architect may lapse in one(1)year if not exercised and a new be required for Major Projects. petition must be submitted *9. C. *Required Features On Plan. I). Site Orientation shall include: I. North point 2. Zoning district(s) 3. Names of streets 4. Wetlands(if applicable) 5. Abutters of property,within 300' radius 6. Locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions,easements. II). Legend&Graphic Aids shall include: 1. Proposed features in solid lines& outlined in red 2. Existing features to be removed in dashed lines 3. Graphic scales 4. Date of Plan 5. Title of Plan Page 7 of 7