43 Main St

What is proposed

A request has been filed with the Zoning Board of Appeals for a variance or finding to allow a permanently installed business sign at 43 Main Street with an area larger than the limits set by the City’s sign ordinance (referenced as Section VII). The application package includes a sign rendering and measurements that describe the proposed sign’s dimensions and placement.

A variance (or finding) is a formal decision by the Zoning Board of Appeals that permits a departure from a specific provision of the local zoning ordinance when the Board determines the legal criteria for relief are met.

Where and how big

The site is 43 Main Street in downtown Amesbury. The recorded quitclaim deed describes the parcel (shown as Lot #1 on a 1991 plan) and lists the lot area as containing approximately 3,540 square feet. The deed gives metes-and-bounds bearings and notes that the property fronts on Main Street and adjoins Friend Street.

The sign application materials include a drawing with measurements; those measurements and the requested sign area will be evaluated by the Zoning Board as part of the variance review.

Ownership and legal constraints

Public records show Newburyport Five Cents Savings Bank as the recorded grantee in a quitclaim deed dated August 1, 2005 (consideration stated as $395,000). The deed conveys the parcel "subject to and with the benefit of" recorded rights and restrictions noted in the title history.

The deed specifically references existing recorded instruments including easements, a party wall agreement, and a recorded lease (the deed text references a lease with Bank of America). These recorded instruments remain part of the property’s legal obligations and can affect permitted uses, signage, building changes, or maintenance responsibilities.

Special considerations noted in the record

The chain of title and deed documents identify several items that could be relevant to site modifications:

• Historic recorded easements, including an easement shown on a 1927 plan related to the Powow River and a pier location.

• A recorded party wall agreement, which can limit alterations to walls shared between adjoining properties.

• A recorded lease noted in the deed (reference to Bank of America), which may govern tenant rights and signage depending on its terms.

The variance application itself focuses on sign area under the zoning ordinance; any additional constraints from the deeds or leases would be considered separately as relevant to implementation.

Status and next steps

The sign-area variance/finding is scheduled on the Zoning Board of Appeals agenda for Thursday, September 26, 2024 at 7:00 p.m., to be held at Amesbury City Hall (62 Friend Street). At that meeting the Board will consider the application materials (including the sign rendering and measurements), hear testimony, and decide whether to grant the requested relief under the local zoning standards.

If the ZBA issues a decision, the Board’s minutes or decision document will record any approval, denial or conditions. Implementation of the sign (installation) may also require compliance with other applicable regulations or recorded instruments noted in the deed, and may require separate permits (for example, building permits or electrical permits) depending on the nature of the work.