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Home My WebLink AboutMiscellaneous - 164 SUTTON STREET Re ; E`: JOYCE BRAD [3A NORTH YUAN CLE Ar 6ghoL NORTH AfiiObVER � A �y I E°PPP" 5 s < SACHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk NOTICE OF DECISION Property: 164 Sutton St Messina, Trustees of LanLau Date: November 18, 1996 164 Sutton Street Petition: 038-96 North Andover MA 01845 Date of Hearing: 11/12/96 The Board of Appeals held a regular meeting on Tuesday evening, November 12 , 1996 upon the petition of Messina, Trustees of SanLaw Realty requesting a Variance under Section 8, Paragraph 8. 1 of the Zoning By Laws seeking relief for the size of the parking spaces as well as the width of the aisleway. The following members were present and voting: William Sullivan, Walter Soule, Robert Ford, John Pallone, and Joseph Faris. The hearing was advertised in the North Andover Citizen on October 26 & November 6, 1996 all abutter were notified my regular mail. Upon a motion by Walter Soule seconded by Joseph Faris the Board voted to GRANT the Variance as follows: 1) North side aisle width to 151 . 2) East side aisle width to 23 ' 3) No Parking Signs on the West side of North Main Street from Sutton Street to the railroad tracks for Fire Department access. 4) Identified compact parking areas on the pavement. 5) Revised plans showing revised parking dimensions and aisle widths. 6) Parking from 30 spaces to 26 allowed on the premise in recognition of the present availability, on the East side of North Main St, of four (4) spaces on the street based on the recommedation of the Traffic Advisory Committee. 7) Parking size dmen,sion of 10' by 22 ' for five parking spaces and 9 ' by 20 for 12 parking spaces. Voting for the petition were: William Sullivan, Walter Soule, Robert Ford, John Pallone, and Joseph Faris. The petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning By law. Note: The granting of the Variance and Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the 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 Building Commissioner. Board of Appeals William Sullivan, Chairman r Town of North AndoverR E C i NORT" , fff OFMCEOF JOYCE BRAD HAW �o COMMUNITY DEVELOPMENT AND SRK 1►C� 3 YE, O 9 146 Main Str= North Andover, Massachusetts 01845Nov {i G3 i' ! ^..o..•��y J1.LIAMJ. SCOTT ,SS�cHusE Direcior MEMORANDUM TO: JANET L. EATON,ADMIN. ASST FROM: ROBERT NICET ((�� TA, BUILDING COMA:" DATE: NOVEMBER 13, 1996 RE: 164 SUTTON STREET-COMMON VICTUALLER'S LICENSE Please be advised that subject location is properly zoned and pending any appeal to the Zoning Board of Appeals parking decision rendered at November 120'meeting,I have no objection to the issuance of the Common Victualler's License. Upon completion of construction,a copy of the Certificate of Occupancy will be submitted to the Licensing Commission fur the release of the License. N/g 10ARD OF APPEALS 688-9541 BUILDING 688-.9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t%ORTH JOYCE 0 TOWN ANG VER o A q x Gu 1 21 Rn iEo PPP y.(5 �SSACHO TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 26, 1996 Memorandum To: Joyce Bradshaw, Town Clerk From: Jeannine McEvoy, Zoning Board of Appealsc Re: 164 Sutton St, Decision November 18, 1996 Please be advised that the Zoning Board of Appeals decision for 164 Sutton St for Messina, Trustees of SanLaw and time stamped on November 18, 1996 has been amendment. The changes are minor and do not alter the language of the decision. Enclosed is a copy of the changes made with the hi-lite area of change. The format of the conditions are listed on a line format showing the specific conditions 1 through 7. O� NORTH 9 32 y�tIED 6 FQtiO0 O A M SSACHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk NOTICE OF DECISION Property: 164 Sutton Street Messina, Trustees of SanLau Date: November 26, 1996 164 Sutton Street Petition: 038-96 North Andover MA 01845 Date of Hearing: 11/12/96 The Board of Appeals held a regular meeting on Tuesday evening, November 12, 1996 upon the petition of Messina, Trustees of SanLaw Realty requesting a Variance under Section 8, Paragraph 8. 1 of the Zoning By Laws relief of fott :. u `4* spaces as well as the width of the aisleway. The following members were present and voting: William Sullivan, Walter Soule, Robert Ford, John Pallone, and Joseph Faris. The hearing was advertised in the North Andover Citizen on October 26 & November 6, 1996 all abutter were notified my regular mail. Upon a motion by Walter Soule seconded by Joseph Faris the Board voted to GRANT the Variance as follows: 1) North side aisle width to 151 . 2) East side aisle width to 231 . 3) No Parking Signs on the West side of North Main Street from Sutton Street to the railroad tracks for Fire Department access. ( s .airo�-ao y. Committ*04"t.. 4) Identify compact parking areas on the pavement. 5) Revised plans showing revised parking dimensions and aisle widths. 6) Parking from 30 spaces to 26 allowed on the premise in recognition of the present availability on the East side of North Main St, of four (4) spaces on the street. 7) Parking size dimension of 10' by 22 ' for five parking spaces and 9 by 20 for 12 parking spaces. y The petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning By law. Note: The granting of the Variance and Special Permit as requested by the applicant does not necessarily ensure the granting of a Building g g 4 permit as the 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 Building Commissioner. Board of Appeals William SullAan�, Ch airman Ruu- TQ 0 E . N,qTHT DIVISION OF PLANNINGCO =EVELOPMENT TOWN OF NORTHXI , SETTS PLANNING BOARD APPLICATION FOR SITE PLAN REVIEW - SPECIAL PERMIT Under Section 8.3 of the Town of North Andover Zoning Bylaw. 1. ) Applicant/Petitioner: Sanlau Realty Trust Address: 109-123 Main Street, North Andover, MA 01S45 Phone: (508) 686-8683 2 . ) Ownership: Sanlau Realty Trust Address: 109-123 Main Street, North Andover. MA Phone: (508) 686-8683 3 . ) Location of the project: Sutton Street Address: Sutton Street @ North .Main Street Assessors Map # 28 Lot #7 Deed Recorded in: Essex worth Registry of Deeds Book 1169 Page 316 or Land Court Certificate No. - Book - Page - 4 . Size of the Building 4000 square feet Height 1 '1/2 Stories 26+ feet Occupancy or Use Retail Type of Construction 5. Size of Existing Building N/A Height Stories feet Occupancy or Use Type of Construction 6. Classification of the Project (See Section 8.33 of the Zoning Bylaw) ` Major Intermediate Minor X Information Required for Site Plan Review, Type of Development Proposed ' M 'or Intermediate Minor Type of Information Reauired X'X_ X _ X 1. North Arrow/Location Map X _ X _ X 2. Survey of the Lot/Parcel X _ X _ X _ 3 . Name/Description of Project X X X 4. Easements / Legal Conditions X _ X _ X _ 5. Topography X X X 6. Zoning Information X _ X _ X 7. Stormwater Drainage Plan X _ X X 8. Building(s) Location X X X 9. Location of Parking/ Walkways X _ X _ X _ 10. Location of Wetlands X X _ X 11. Location of Walls/Signs X X _ X 12. Location of Roadways/ Drives X _ X _ X _ 13 . Outdoor Storage/ Display Area X — X _ 0 14 . Landscaping Plan X _ X _ 0 _ 15. Refuse Areas X X _ 0 _ 16. Lighting Facilities X 0 _ 0 _ 17 . Drainage Basin Study X _ 0 _ 0 18 . Traffic Impact Study X 19 . Commonwealth Review X required Information 0 Information may be requested by the Planning Board 7 . ) Please supply ten (10) copies of the above information to the Town Planner with this application. 8 . ) Advertising Fee Filing Fee: 9 . ) Petitioners Signature: Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Town Clerk upon request. Any communication purporting to be an application shall be treated as mere Anotice of intention to seek relief until such time asitis made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed in accordance with the requirements of Section 8. 3 . Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the Town and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NA14E ADDRESS Add additional sheets, if necessary. Any questions should be directed to the Planning Office. • PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS, v 164 Sutton Street , North Andover, MA 018.45 ZBA. Premises to be affected: LIST OF PARTIES OF INTEREST SUBJECT BJ ECT PROPERTY r!2:8: PARCEL LOT NAME ADDRESS u eaIty s - i lb ABUTTERS MAP !PARCEL LOT NAME ADDRESS 28 19 Center Realty Trust, C$O Steve s Foundation, P.O. Box 111, N. Andover Trombly, David, Wcnl, Harold 81 Nhd esex Street, N. An ov r 28 i 9 LAE y ros ea Y o1p. u on S 28 18 Community Say. Bank/Andover 61 Main Street, An over iverview ree , ove i 28 546 Rosario inocc caro r Russell E. Hertrich 91 Hampstead Street, Methuen j 17 , 4, 21, 221 345 NorthAvenue, W e ie 17 17 Fieldccm Realty Trust i a c o n i i i i j I I , I i i i i JOYCE BRM- RAD�HAW TowN c1 ER ,T ',, WN OF NORTH AN DO V E RNORTH ANDOVER HAS SAC HU SETTS Any appeal shall be filed within (20) days after the s,4c,HUSE�ty date of filing of this Notice in the Office of the Town NOTICE OF DECIS ION Clerk. D ate. .Agril,5, .1M. . . . . . . . . . . . . . Feb. 21, Mar. 7, Date of Hearing Mar., ,21,, Apr., .4,, 1995 Petition of „Sanlau.Realty.Trust. . . . , , , , , . . . . . . . . . . . . . . . . Premises affected , , Lot 7, Sutton, Street,and.North.Main, Street, , , , , , , , , , , , , , , Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw - Section 8.3 and 10.3 Site Plan Review ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the.construction.of.a.4.000,sg: .ft. .ret4il,complex. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted conditionally to approve. . . . . . . . .the .SPECIAL.PERMIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: CC: Director of Public Works ' Building Inspector' Natural Resource/Land Use Planner J Health Sanitariansig ned 61e- L[ • L �� I 4".c� Assessors Police Chief Richard A. . . .. . la,. . . Chairman . . Fire Chief Joseph Mahoney. .. Applicant . . . . . . . . . . . Engineer Richard Rowen, Clerk File . . . . . . . . . .. . . Interested Parties Alison Lescarbeau John Simons sMl `�6�" Town of North Andover Of NORTN OFFICE OF �? 4`st � 6*6�OOL COMMUNITY DEVELOPMENT AND SERVICES A • 04 • 146 Main Streetn. A-. KENNETH R.MAHONY North Andover,Massachusetts 01845 9SSACHUS�� Director (508)688-9533 April 5, 1995 Ms. Joyce Bradshaw, Town Clerk 120 Main Street No. Andover, MA 01845 Re: Special Permit - Site Plan Review - Lot 7 Sutton Street & North Main Street Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on February 21, 1995 in the Library Conference Room in the Town Building, upon the application of Sanlau Realty Trust, 109-123 Main Street, North Andover, MA. , requesting a Special Permit under Section 8.3 and 10.3 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on February 1 and February 8, 1995 and all parties of interest were duly notified. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, and Alison Lescarbeau. The petitioner was requesting a special permit to allow the construction of a 4,000 sq. ft. retail complex in the General Business (GB) Zoning District. Mr. Rowen read legal notice to open public hearing. Ms. Colwell - overview of project- "kick off" of downtown Mr. Rowen read letter from Charles Matsis in support of the project Atty. George DelloRusso, from Atty. Dom Scalise's office, was present representing Anne Messina. 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nioetta Michael Howard Sandra Starr Kathleen Bradley Colwell John Daly, Architect, from Wayland, MA. was also present. 40 ' x 100' = 1,000 sq. ft. building proposed made to look like three separate buildings combination of brick and shingle interesting roof lines one story occupancy 3 tenants proposed Tina Messina: Marketing shows a need for this type building 25 ' entrance is off of North Main Street .site drainage to the rear .water and sewer through Sutton Street . fire sprinklers will be provided .request to reduce access behind the building to increase parking and create an island of 151possibly has Planning Board ever reduced the access and to what degree? Ms. Colwell: are there any spaces on Sutton Street at North Main Street? what about parallel parking? questioned a no parking sign Mr. Nardella: request for reduction of parking space size John Daly, architect, reduction in parking size would allow for additional greenery--parking spaces in the back designated as employee parking in design. Ms. Colwell to check on parking space size and access behind building with Bob Nicetta. Discussion of landscaping behind building. Will remove snow. Ms. Colwell: Will need lighting locations and design. Intent is to have 3 distinct facades, brick colors, etc. Wood Signs: illuminated indirectly Mr. Rowen: discussion of "internal" "for sale" signs, limit on large for sale signs. 2 Mr. Mahoney: no more than 40% of window covered for more than ? days Lighting: each entrance has lighting down lighting on landscaped areas 3 1/2 1 sidewalk with a planting there street sidewalk Street trees: trees in parking area trees between the buildings? dumpster will have to be enclosed Continued to March 7, 1995 meeting The Planning Board held a regular meeting on March 7, 1995. The members present were: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons, Anne Messina was present to present drawing and speak about landscaping, lighting. She plans to have lantern style lighting. Also mentioned putting a wood guard rail behind building. Mr. Simons mentioned how pleased he is that building will be right up to the street. Mr. Rowen thinks you may want low level lighting. Mr. Nardella likes the illustration presented, and hopes building will be very close to that when it is completed. Mr. Mahoney, seconded by Ms. Lescarbeau, made a motion to close the public hearing. Unanimous vote. Mr. Nardella directed staff to draft decision for the next meeting. The Planning Board held a regular meeting on March 21, 1995. The members present were: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk. Due to the lack of a quorum, Sutton Street Retail could not be discussed. The Planning Board held a regular meeting on April 4, 1995. The members present were: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. 3 On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Planning Board voted to approve the special permit as amended. Attached are those conditions. Sincerely, North Andover Planning Board Richard A. Nardella, Chairman Attachment cc: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File - 4 Lot 7 Sutton Street and North Main Street (Sutton Square) Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 4,000 square foot retail complex in the General Business (GB) Zoning District. This Special Permit was requested by Sanlau Realty Trust, 109- 123 Main Street, North Andover, MA 01845 on January 26, 1995. The Planning Board makes the following findings as required by the Zoning Bylaw Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is zoned for General Business; 2. The use, as developed, will not adversely affect the neighborhood as the site is currently developed as a general business location; 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of the Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to the endorsement of the plans by the Planning Board, the applicant shall adhere to the following: a. A wooden guardrail must be shown on the plans along the rear of the property adjacent to the railway. A detail of the guardrail must also be provided. b. A full set of site plans must be submitted to the Town Planner for review within ninety days of filing the decision with the Town Clerk. C. A bond in the amount of three thousand ($3,000) dollars shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 1 d. A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. 2. Prior to FORM U verification (Building Permit Issuance) : a. The mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b. This decision shall be recorded at the Essex North Registry of Deeds and a recorded copy delivered to the Planning Staff. 3. Prior to verification of the Certificate of Occupancyt a. The building must be constructed as presented to the Planning Board and as shown on the following plans: Plan titled: Conceptual Design Prepared for: San Lau Realty Trust 109-123 Main Street, Suite E2 North Andover, MA 01845 Prepared by: John Daly, Associates 26 Shaw Drive Wayland, Massachusetts 01778 Dated: January 20, 1995 Sheet A-2: Sutton Street Elevation Sheet A-3: Elevations The applicant must vary the brick colors, as presented, to the extent feasible. b. The landscaping must be planted as shown on the following plan: Plan titled: Conceptual Design Prepared for: San Lau Realty Trust 109-123 Main Street, Suite E2 North Andover, MA 01845 Prepared by: John Daly, Associates 26 Shaw Drive Wayland, Massachusetts 01778 Dated: January 20, 1995 Sheet `A-1: Floor Plan Sheet A-2: Sutton Street Elevation C. All artificial lighting used to illuminate the site shall be approved by the Planning Staff. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The site shall be reviewed by the Planning Staff. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. d. All buildings shall have commercial fire sprinklers installed in accordance with the North Andover Fire Department. e. The site must have received all necessary permits and approvals from the North Andover Board of Health and the Conservation Commission. 4. Prior to the final release of security: 2 a. The site shall be reviewed by the Planning Staff. Any screening as may be reasonably required by the Planning Staff and/or Tree Warden will be added at the applicant's expense. b. A final as-built plan showing the location of all on site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Division of Public Works. 5. If parking becomes a problem, in the opinion of the Planning Board, on either Sutton Street or North Main, the applicant must work with the Planning Department in the resolution of any issues. 6. The dumpster shown on the plan must be enclosed entirely by a wooden stockade fence two (2) feet higher than the dumpster. 7. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 10. All catch basins shall be protected and maintained during construction with hay bales to prevent siltation into the drain lines. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 13. All signs within the project shall be of wood with uniform lettering and design. The signs shall in no way be interior illuminated (neon or other means) . All signs designed for this project must be reviewed and coordinated between the Building Inspector and the Town Planner for approval. Display window signs may not cover more than twenty (20) percent of the display window area. 14. All mechanical devices (ie: HVAC, vents, etc. . . ) which may be visible from any surrounding roadways shall be placed on the rear roof line. 15. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 16. Any action by a Town Board, Commission, or Department which requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 17. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 18. This Special Permit approval shall be deemed to have lapsed after April 10, 1997 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 3 4 The following information shall be deemed part of the decision: a. Plan titled; Site Development Plan Land in North Andover, Mass Sutton Street Retail Facility Owner/Developer: Sanlau Realty Trust 109-123 Main Street - Suite E2 North Andover, MA Scale: 1" = 20' Date: December 15, 1994 Prepared by: Merrimack Engineering Services 66 Park Street Andover, MA 01810 b. Plan titled Conceptual Design Prepared for: San Lau Realty Trust 109-123 Main Street, Suite E2 North Andover, MA 01845 Prepared by: John Daly, Associates 26 Shaw Drive Wayland, Massachusetts 01778 Dated: January 20, 1995 Sheet A-1: Floor Plan Sheet A-2: Sutton Street Elevation Sheet A-3: Elevations cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File SuttonSq 4 0' ?' R+,�1MpR,y.'.Q1 �y �/ � �f v3:,t► i JOYCE FRADc-IM TOWN CLERK Any appeal shall be filed s•• �� NORTH ANDOVER within (20) days after the �+CHUO+' �r date of filing of this 3 8 39 A X95 Notice in the Office TOWN OF NORTH OWU of the Town Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . February. 23, 1995. . Petition No.. .007-95. . . . . . . . . . . . . . Date of Hearing. . . February. 14,. .1995 Petition of Anne M. Messina & Salvatore A.. Messina, Trustees .of. SanLau.Realty, Trust Premises affected . . .164 Sutton Street Referring to the above petition for a variation from the requirements of 9W. Sect ion. 7,. . , . . Paragraph. 7..1,7,2 7...3 .and. Table .2. of the.Zoning .Bylaw . . . . . . . . . . . . . . . . . . . . . . . so as to permit relief of. ,9,,.050, s.f lot .area,. .front. .setback. of .17'X19,',,, .site, .s.etback of 22'..5', and rear setback of 20,', so.as. to ,permit. ,construction.of. a ,rgtail. .bUi,lding in a general business district at 164 Sutton Street. After a public hearing given on the above date, the Board of Appeals voted to . .GRANT . . . . the Variance as requested. . . . . . and hereby authorize the Building Inspector to issue a permit to Anne M.. Messina. .&. Salvatore A. Messina,. Trustees. of .SanLau. Realty. Trust fo� xons�ati��o# � lx�tp�atna�ng � The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The locus is an unusually shaped lot in a unique location, and the applicant would suffer hardship if the requested variances were not granted. Signed � Walter Soule, Acting Chairman/. Robert. Ford . . . ... . . . . . . . . . . . .... . Scott Karpinski Jo.hn.Pallo.ne . . . . . . . . . . . . . . . . . . . . . . . . . . . Joseph Faris . Board of Appeals NORTp JOYCETOWN C'LL'iK 6 NORTH ANDOVER o A _ 1-€B ; 4< O < �'<:`•'53 filed Vo Argo A ,fir the ��ssAc►+us�� of wt ig e,i i? Ei NOtIC@ TOWN OF NORTH ANDOVER in the Office of the Town Clerk. --- MASSACHUSETTS BOARD OF APPEALS * Anne M. Messina and Salvatore A. Messina, * DECISION Trustees of SanLau Realty TR * Petition #007-95 109-123 Main Street, Ste. E2 North Andover MA 01845 ******************************* The Board of Appeals held a regular meeting on Tuesday evening, Februry 14, 1995 upon the application of Anne M. Messina and Salvatore A. Messina, Trustees of SanLau Realty Trust requesting a variance of Section 7, Paragraph 7.1, 7.2, 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of 9, 050 s.f. lot area, front setback of 171/191 , side setback of 22.51 , and rear setback of 20' so as to permit construction of a retail building in a general business district located on 164 Sutton Street. The following members were present and voting: Walter Soule, Robert Ford, Scott Karpinski, John Pallone and Joseph Faris. The hearing was advertised in the North Andover Citizen on January 25, 1995 and February 1, 1995. Upon a motion by Robert Ford to GRANT the variance as requested, seconded by John Pallone. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The locus is an unusually shaped lot in a unique location, and the applicant would suffer hardship if the requested variances were not granted. Dated this 23rd day of February, 1995. BOARD OF APPEALS Walter Soule, Acting Chairman CUEIVEP ,4YCE:BRAD�SIiAw IOWN CLERK FROTH ANDOVER Received by Town Clerk : OCT Z2 20 A TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Anne M* Messina & Salvatore A. 109-123 Main Street, Suite E2 Applicant Messina, Trustees of SanLau Realty Addre s s North Andover, MA 01845 Trust, 109-123 Main Street, Suite-t2 Tel . No. - North An over, MA 1 . Application is hereby made : a) For a variance from the requirements of Section 8 Paragraph_ 8.1(7) and Table 2 of the Zoning Bylaws . b) c) 2 . a) Premises affected are land X and building (s) x numbered 164 Sutton Street . b) Premises affected are property with frontage on the North (X ) South ( ) East ( ) West ( ) side of Sutton Street and West Side of South Main Street. Street , and known as No . 164 Sutton Street . c) Premises affected are in Zoning District G and the premises affected have an area of 15,950 square feet and frontage ofd feet . S of 8 Rev - 06 . 05 . 96 3 . Ownership : a) Name and address of owner (if . joint ownership, give all names) : Anne M. Messina and Salvatore A. Messina, Trustees of SanLau Realty Trust 109 123 Main Street, Sin'tP P2, North Andes , MA 01949i Date of Purchase 3/13/72 previous Owner G. Messina b) 1 . if applicant is not owner, check his/her interest in the premises : 2 . A . Size of proposed building: 100' front ; 40' feet deep; Height 1.5 stories; 26' feet . a) Approximate date of erection : Presently being constructed b) Occupancy or use of each floor : Retail C) Type of construction: Block with brick facade 5 . Has there been a previous appeal , under zoning, on these premises? YeS If so, when? 1.5 years ago 6 . Description of relief sought on this petition Variance for number and size of parking spaces and for width of roadway. 7 . Deed recorded in the Registry of Deeds in Book 1189 page 316 The principal points upon which I base my application are as follows : (must be stated in detail) Applicant seeks a variance from the zoning bylaws for five (5) additional parking spaces for the size of the parkingspaces as well a width of the roadways Relief may be granted without substantial detrimentto the public good and without nullifying or substantial) dery atin from the intent or purpose of the by-law. Specification, Information attacpwspaphell fo, I agree to pay the filing fee, avertising iner, and incl ental expe ses* Signature o Petit ner (s) 6 of 8 Rev . 06 . 05 . 96 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: General Business Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area Street Frontage Front Setback Side Setback (s) Rear Setback Additional Information Parking-Spaces-30 parking spaces --------- 25 existing---------- 5 spaces. Parking Size- 10 feet by 20 feet---------- 9 feet by 19 feet----- 12spaces at this size. Parking Size- 10 feet by 22feet --------- 9 feet by 22 feet ----- spaces at 25 foot roadway width----- 24 foot roadway width----A foot Side Roadway- ecrease. Re� Roadway- 25 foot roadway width----- 16 foot roadway width--- aeg?Ase. ev 06 . 03 . 96 'PRI"NT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PRUVIDE Z Shl, LAbhLb 164 Sutton Street , North Andover, MA 01845 ZBA. Premises to be affected: LIST OF PARTIES OF INTEREST SUBJECT PROPERTY" ADDRESS _ MAP PARCEL LOT NAME u ea y rUS 8 ABUTTERS ADDRESS MAP PARCEL LOT NAME Steve s Foundation, P.O. Box 111, N. Andover 28 19 Center Realty Trust, cio esex ree ov, r 28 9 TroTnbly, Davi Wml, Haro . o rKlover- v ' }�✓ reed r n oVt/ 28 18 eal ��° pd,.s.r 6� verva.ew ree ove 8 osario inocc aro , 17 4, 21, 22� Russell E. Hertrich 91 Halstead Street, Methuen , r venue, a ie 17 17 Fieldcoa Rea y Trust i r-- � I