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HomeMy WebLinkAboutMiscellaneous - 435 ANDOVER STREET MAY-02-02 13:13 FROM-Barfo Signs 16038821680 T-1$2 P.02/02 F-618 Town of North Andover .• *H tS�F F �• f the Zoning Board of Appeals -C, bm fa i Development and Services Division t s JN' - �1L 1 27 Lharlts Strret North Andover,Massachusetts 01845 ? 1 1 c elli - 9. ( 1 Telephone(978)6101-9,541 • Kt l�rsrl.tVtc. t • t'4' Beorlr�iiox C'r�rr{nte.rsirrrtcrr Fax(978)6W9-%Z Date 2-- TO: Town of Ncirth Andover Zoning Hoard elf Appeals 27 Charles Street North Andover MA 01845 Please be advised that 1 have agmed to waive the time constraint%-for the ing Board of appeals it)make a decision regarding Lhe,granring of a Variance and/or -ial Perm- for property located at: TOWN, MEETING DATES): r eEP NAME: ()F PET E-ER: � -- -t-^— Signed: Petitioner(or Petitioner's mpre' ative) / �lc C(Js W AIV G}t tl�altl.�r�F�rrF.al v csx`t'i}i F1Jfl_i"#[N[ifi#t!S-')_ti�S t'.[1N�E:KVA'f"it)tY r+t18 4S'1!1 HE:ALIH 61S$-94AC1 Pl_A`1N11VC;fig845"i�i MAY 2 2002. BOARD OF APPEALS BOARD OF APPEALS TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS1; Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty (30) days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: _of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building l Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING t BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of l Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17,within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. I Office a certified list of Parties in Interest (abutters). c-. co..a C:) *Mr.nn s=CYJC v� rr, IMPORTANT PHONE NUMBERS: C-1 rn Cn C 978-688-9541 Zoning Board of Appeals Office rri 978-6M--955 78-6 8- 501 Town Clerk's Office 978- ,,1§55 CB$i@nfartment 7 2002 OARD OF APPEALS Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: ki c6J beA0 511,15 Aq6ht r 61-_tA445 )55 Crdd St' 1� fiq 03ofl *The petitioner shalt be enteted on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of ye rs under this ownership: Z�Mp214 Rnigayaktif Ir c. __P0 P"X 1/J (" 60-oer th a t) i 54r Years Owned Land: 3. Location of Property: a. Street:_ ?f_ "0JI�A_ 5 fi Zoning District b. Assessors: Map number _�k_Lot Number: 13 c. Registry of Deeds: Book Number 0 e6 3 Page Number: __007-(- 4. o7-4. Zoning Sections under which the petition for the Variance is made. & �p to (0) �J"iLS I�c55 fi 'N DqS Ti 3C— t71"SV,cfs *Refer to the Permit Denial and Zoning Bylaw Plan Review as supplied by the Building Commissioner S. Describe the Variance request C u,rrcntf� Jj,.0t/3 `1 ,10 4 6-�on v f O✓)2 11/�C l $fl Y��1 q 1r'u J►1•� .$ el Y1 (�.��1 G�'1 15 i^aGt�� 1 al c 1 D f7 S Pr6?,-rr C �"1 5) Carr'tnf Sip 0, 11 8e m a Jt,.k fro-mSfx& Pr-O fU5 b41�151 "4C i.S 'The above description shall be used for the 4rpose of the I I decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. , Tri,pe rrt A-N�e��tb�L o, 3 Whe� l a' Is P.Tvi►-��? . 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A % 8. % f 1 i i ► 1 1 1 f 1 1 1 I f Page 3 of 4 Application for a VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear 5� c.- Proposed Lot (S): f Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear R ;sus % o� d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* µ 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building' E 'Reference Uses from the Zoning By-Law.State number of units in building. , 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. it shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all eQenses for f Ping and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may r su in a dismissal nin oarcf'o tfIs application as incomplete. a SI natUfe Type above a (s) here n br PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A, Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district (s) application. 3. names of streets 4. wetlands to be shown on plan(if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure 1 affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend & Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red CP P C. Facts which make u the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise,which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: j may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks, sheds, &garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's 11. APPLICATION FILING FEES Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage) for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)three or more dwelling units, and sec. 11 as listed on the application. ZBA Secretary c) 2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one (1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks(-). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B.Plan Specifications: !!.:-§ W. =" i; a'ir, '" rg" a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. ♦ A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must and/or land Surveyor,with a block for five (5) ZBA be submitted. signatures and date indicated on mylar. Board of Appeals Town of North Andover 27 Charles st North Andover Massachusetts April 11, 2002 Members, Bertucci's restaurant requests your consideration for approval of a special permit and variance at 435 Andover st regarding two existing ground signs. Bertucci's wishes to maintain two refurbished ground signs where one is permitted;they also seek approval to adjust the location of their ground sign on rt 125 which currently is located on state property. Their intention is to move the ground sign onto their property, resulting in a 3' set back from the leading edge of the sign to the property line where 10' is required. The existing signs have been in existence for many many years. Recently Bertucci's decided to update its restaurants regionally, and with that the changes to the signs at the North Andover were required. Enclosed you will find safety reports from both the Town of North Andover's Police Department and a traffic and safety professional. The new signs are a vast improvement from the previous signs and have been proven to be completely safe. I will further explain our proposal at our next appearance before the board. -- --------------2------ -- ------------------- Don Reed Hearing Agent/ Senior Designer Barlo Signs f-- -- 53- --- F"r I Orl ch a! ^� OPTION 1(111'\TCH EXI5TING) t nhCALCOvEUGHntIG - - t (_;EE DETAIL BELOW) , - NEON CHANNELS LErTER5 t t t i (=''I POKE MAY NEED TO BE MODIFIED r0 ACCOMOOATE .• ?-51,5TA.LL 73 NFOWMIN.STROKE 19 Ce[mt7 Ati ` '- -�-s'i=l Pilcn signs Tq - .«r.�9 ae.)/a• Ary• >sTt r' '•:-3 =:erg(;1,•'t us.^g same:Pecs - ;, y X Vohage GANNET _ ;. 53' �1 tiurcno2wlr xaa3 UL B R .� K Yf. ! 1 L 3/4' CANVAS TExCOAT +� p ®PYLON 2 = �� �!! .'� t 3/4' Sat c . ®PYLON I LvVh . INCISEDIPUSH•THRU Stub Sue CLEAR PLExi LETTERS WITH .. 'GAY-NIGHT'VINYL ON FACE sm tagth (SHOWS WHITE AT NIGHT- BLACK IN THE DAY) ' ERTUM'S LETTERS O' Sae: t0 Aenne: BEA REO Corlcreta: ras. OPEN TUBE NEON(WHITE 6500) F- 3/16.2793 RED FLEA - L •T s Trio. r PED MYLAR. - . . ALUM TRIM AT TOP 6 BOTTOM O Ston for"t Oltaat O SM COV115e TO MATCH DRYVIT Oswmlwcusmmer Ochalvi" OKA M—: CLEAR RED 0456 OYSTER SHELL 4/51' I, F AG-LINE' (X5'I BEDTO t*\��445- I � r C 5E7;v 125*ALUM FACE REPLACED)TO BE �11 t !S' s'KEDj"CLEAU0.E,RPLEA 67• 'n ttD_1.1 DAY-NIGHT VINYL 2ND \; 'ELI K. FLANS CW"ITEENT VINYL �I}r+'�-'^ /^ i!U•.1 V. Ftlh''4X ENTS �C/ - POLE COVER 1^ )VE LIGHTING MATCH DRYVIT 0443 45" CANVAS•TEXCOAT CLRLEXAN, —'- E NECti VHBMTD.TO 3" + GN BEA LIGHT ITEM E: r.u•=-Cel`:Tw7:A.w,STEt;r,,' BAFFLE BOTTOM ONLY s'•"_�M._C6 Co .a a aa•ptv:,S EM6ELLI5HMENT DETAtt 5" - 5CALE:1-=1'-O" An0,;t Est •E.� Q AmEng — S NzM I Pa4Vm - 6 Fr sh-- )LES ILet Fab - IPam ,,• .,, ]Screen _ 8 Instaa- ,�ce.e. •. ,µ,Tc DTrn,T e443 • ITEM E-(2)F'YLON5 51GN5 TO REPEACE EX15TING(DENGHEG U51NG 51ZE5 OF EXI5TING PrLOr15) a Met.Fab-- ar�s< — �.V.15 TEr�0,T L COLORS AAE FOR REPRESENTATION ONLY. Tom. CUSTOM Mat SKIN S FRAME Ret Slre N/A Ba.Depth Date Released forprrdUcnon' By Job Name BEKTUCCI'S ;f!►CT11A($A,MPIES FOR COLOR MATCH. A••• 0.4 o.Kr,1q• r,Snap TO k1.. k :'WAS ro9(SEw61.DSS t/aESS Mw-;rNSE NoTF0 Face Mat ALUM thickness .12J Copy SEE PRINT location N AHC-)OVEF. MA - 4�zN,,•ipOvErz 174 Polo Cover Mat ALUM W/TEXCOAT HQt. Oepm a, e, \\`\ PAUL 'tW"�A QtIEiwwrf ws Labwlwj flt be-* buena En � aco-Ln Bact Lrt Ormn Holes((�N Cbent s..r•ro � �ii B IPTIu 7XS1 Face Mat'PLEX n1 3/16" Return Mat.040 ALUM. Depth 5" tg e.aiur GENE1+AlINFO. L.ndlerd o"' 11!6!01 16anu:TA1aF,.tscTlaztTs� Mylar site )• Back Mat .063 ALUM Neon Rows MM 15 O COeraIGNT tees TNI tatnO GeOUe 1.•1.•a F --- <nmo we�vu�u�eovuaw�atat+ar t+.k w fl Ando,er_01051C-`I Goj 6G L 195 Trans Location RE"OTE 30MA 60MA Winnq '/r 8 19 lrRhte Raceway WA na,tnsa:neTlo oArmat.at rasrtaa ta,n+sauJC.rG..�r 7,Dtcbala 1A0 Eiginpnrp FrOa+r't10^ E,UmJ1e, ��ty, _ tL tj� B-01-05-104 ILL Non tlL Mousegs C1a11 F1 s OH Barka We Mtp Nut Sen Thru Back <Chp Cnar1 Or Svr••+ Sdr, Y� z f t!$�atrQ IL_I-J• R] SHEET 2 Cr 2 Jan-31 -02 12 . 34P P-02 Zoning Bylaw Denial Town Of North Andover Building Department 4 27 Charles St. North Andover, MA. 01$45 " Phone 978-688-83"Pax 97%4i8-9442 Street: -_— --' N35 A.v to c w•� AIlcant: d A A a S/G ns Re mast Re C. 16 a o_ca 1 a P V 6nm��% g r 6 Aj S Date: _. --�- Please be advised that akiir review of your Application and Plans that your ApplicatiWrlx DENIED for the following Zoning Bylaw reasons: Zoning Item _ Notes Item Notes A Lot Area rF Frontage 1 Lot area Insufficient Front a Insuffident 2 Lot Area Preexistin e-S Front a Coni lies 3 LaCArea Com Iles Preexisting front 4 Insufficient Information _ Insufficient infinnatlon B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Pmexlstin 2 Complies ' B S �al Permit R mired G S 3 Prewdsting CBA C S 6 1 Insufficient Information 4- tnsufftEdert Inforrnatlon ' C I Setback H Bulldjng Height. 1 All setbacks com2ly 1 HoUght Maximum 2 Front Insufficient 2 Com les 3 Left Side Insufficient 3 Preexisliny Height L4 e--Sr Ri M Slde Insufficient 4 Insufficient Information 3 Rear Insufficient l Building Coverage 6 Proexlstl setbacks 1 COV2mitexceeds maximum 7 Insufficient lnformation 1G aj 2 Coverage CowIter D Watershed 3 Coverage Preeotisting 1 Not in Watershed Kr--5 4 Inguiflclent Information 2 In Watershed j Sign 3 Lot prior to 10/24/84 1 Sian not allowed 4 Zone to be Determined 2 SignC es 6 Insufildent lnformatton 3 1'nsuffkt M Information E Historic District K Parking 1 In District review requirod 1 More PwW Required 2 Not in district Lf19. 2 Parking Complies 3 Insufficient Information 3 InsuMciw dJrftmsUon 4 Pre-exists Pa e- Remedy for the above Is checked below. Item 1 Special Permits Planning Board Kern s Variance Site Plan Review Special Permit - Setback Variance Access other than Frontage S ' Permit I�arKt1119Yerierrce Fran a Ewc tion Lot Special Per alt Lot Area variance Common Driveygno 8 eclat PermIt Height Varlince Congregate Housing Special Permit V for$ p.: Continuing Care Retirement Spet:lal Permit Spnkd PerAMIt Zo!ft Board Independent Elderly Housing$ w tt spamw Pw"*Non-Ckriomna Use ZRA Large EsbAe Condo Special Earlh Renewal S BA Planned Development:DiMrict Sowlal Perini! ' Permit Use not UrW but slmllar Planned Residential S ectal Permit Special Permit for Sian' R-8 Denatty Special Permit S of PeKtnft saps' nonconforrrlfn Watemhed S ectal Permit Si4M� C��uNdi The above review and attached mmlarumn or such Is eased an the plans and inNnul tin aLaniped. No ddlnaw review and r of BOOM atiel be tarod on verOal o"notene try lite apffdcsnt nor alai allot verbal eaplanaMa by yveap*W sena I* provide defirO a armwers to the above reeeone for MENIAL. Any irwoozaass.meleartln0 nkinw tan,or cam sibuttwit charges to the Infortnatlan sutmated by the appneeM sled to grounds for to,eview to be vowed at lha&aWkiilor do Building DepearrAwk The an—lied docianertt tllad'Plan RavNw NarruW dill be seer9ted hereto and irowportatd harsin by reference The twitting depMmerd will Milli at piano end uowrneiyatlon nor the above Va.You mrwt we a new 1 Adit permh aWkallon town and begin the perrnidhg prooaas. ulidino Department Official Signature Application Received Appiketion Dented Denial Sent N'Faxod Phono Number/Date: Jan-3,1 -02 12 : 34P P . 03 Pian Review Narrative The following narrative is provided to further explain the reasons for denial for the applicalionl permit for the property Indicated on the reverse Side: for fl, ry.;,L,C /I s 617�0 /l7AlNTd 1-0 �..._ C.n�.� �, sr S t-ker,c an-,L -� O rra 0 no '0 /stiV,- 1A� sub /►►� S. n��f jjal/� In�G r't- u r ry 5,p�6ackls_ R r a.v c 19 i .s r s v e r Referred To: Firs Health Police Zoning Board . Conservation Department MAUVI-C Works.. Planning -- Historical Commission Other — BUILDING DEPT -ROM NORTH ANDOUER ASSESSORS OFFICE FAX NO. : 978 688 3211 Jan. 24 2002 10:42AM P1 ,,1N-??-•�? I]:S� =QOM-NSr!: Si;rS 159395?1E?J T-d97 �_l2!BS --d37 . APPLICANT'S PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK V) MAP . PARCEL NAME ADDRESS ABUTTERS PROPERTY: lis, by map, parcei, name and address (PLEASE PRINT CLEARLY, USE BLACK NK) MAP PARCEL hlAh,9F ACDRESS ?...� � -��/ � .� ..i a►vte 5 � � �I��t�,+v'o�+cr Wit- .._ ��f t A' '-1 o i ; rrri 0 xs c r, -a, 2. 4- T>1 3 ifC.r 80r �0riLA j�� 1 14'51 t4h :l e-t"S i �`' ✓ e- plzr 1L -_4-Ar (a -€- • � ---7 r���� �f,��•�.s ;�,e ~ o- SCo� >^Q�:�-��,-,mac.�{•G�r� 1i' ! G}� o ti2en5 rrn d{ti, ri�3 C� 36, �h.�..,,� .o a� � sr I inn f 1►<<' exrrAIrl?�1 l t�rLL t- * ► ;L; n Lr�{'�;�t.t, ! i�'����ic:r rr,a c�!R4-tj I M04:,�I/er en D►1�4 Ae-- F�i v ` I1 Yh`1urrLG » -!`1X\J-CS- rrl;t o t$ THIS INFORMATION WAS 06TAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFF-ICE: ;M : 8Y: DATE: SIGNATURE, ASSESSOR, TOWN OF NORTH ANDOVER Required list of Parties of inwsv Page one _� of tib- Die 0066 / Ov Board of Asse rN And -ROM NORTH ANDOVER ASSESSORS OFFICE FAX NO. : 979 699 3211 Jan. 24 2002 10:42AM P2 10:47 �R(;th Bar; S:jnv 16 393?ToaJ T-390 P.03/3i r-GiQ Lr-%i P. ;+st Dy map, parcel, name and address (?LEASE PPINT CLEARLY; USE BLACK INK) PARCEL SNA ADDRESS Ec,mh#" � r 1� c.� S ASU7ERS PROPER.Y: listY ma p,Aarcal, rlarre and address (PLEASE PRINT CLEARLY USE FLACK INK) MAP ?ARCEL NAME ADDRESS Y�Zot$4! Wet n TI"n + ge L) 14S Lq -7 L-Q) e) & L.� 11 I �� r a;.,ire, ►,��, ©.�.t�� , r t 1 JHS MORMAT10N WAS OBTAINED AT THE ASSE'SSOR'S OFFICEAND CEr�TIFiED $Y TI-{E ASSESSOR'S OFFICE: BY: SIGNATURE,ASSESSOR, TOWN OF NORTH AUDCVER DATE: Required;ISt of paries of interest rade one--,-7— of Orn Date � � *ofAsse r N Ando r � , r Nov. 13 2001 06:37AM P2 FAX N0. 978-681-1172 ¢� =a POLICE D E P A R T M E N T "Corninunity Partnership" November 12, 2001 Nord, .A.11dover ZB.q ,7 Charles Street 1 North Andover, MA Deal Mr. Sullivan, tion from Barlow sign re�ardinl;the proposed sins for I have reviewed i mTc3rma gercucci's Restaurant. The descriptions, drawillgs and photos provided all appear to ` ,h the p���perly show the configurations and locations �fthe signs. Y have also looked at the vel by i estaurant and approached it from all directions �`trarU�).ems w°ll the sign placements intersection of Wilson's Corner vehicle throug r and cannot find y p or colors used. Si --rely, $ rgeant 1 red S cy Nc�r!lt .-,,u)dover Police Department Traffic Safety I 566 MAIN STREET,NORTH ANDOVM,MASSncxusETrs 01645-4099 Telephone:97"S3-3168 • fax:97s-6S1-1172 Jan 11 02 04: 19p Jennifer Conley NLEY ASSOCIATES January 1 l, 2002 VIA FACSIMILE 978-365-7419 Mr. Chuck Budnick, PLS Principal Cabco Consult P.O. Box 14 Clinton, MA 01.510 Re: Bertucci Restaurant 435 Andover Street North Andover, Massachusetts Dear Mr. Budnick, On,January 8, 2002, Conley Associates,Inc. conducted a site visit to the Bertucci's Restaurant in North Andover,Massachusetts to assess the sight distance available at each of the site: driveways. The stopping sight distance,the distance required for an approaching vehicle to perceive and react accordingly to an exiting vehicle,was measured to the north and south of the site driveway on Route 125 and to the east from the site driveway on Route 114. The sight distance to the west is not relevant, as left turn movements are not allowed out of this driveway. The posted speed limits in the area of the site driveways and the intersection of Route 114 and 125 were noted to be 30 to 35 miles per hour. The minimum stopping sight distance for a 35 mile per hour zone is 225 feet. On Route 114, Conley Associates,Inc. measured the sight distance to the east to be approximately 260 feet through the intersection,which is greater than the minimum stopping sight distance for a 35 mile per hour zone,which is 225 feet. Sight was limited to 260 feet by the existing free standing sign located near the edge of the roadway as well,as larger vehicles(sport utility vehicles)parked in the adjacent parking spaces. With the absence of large vehicles parked in the adjacent spaces, the stopping sight distance would be greater.' On Route 125, the stopping sight distance to the south of the driveway was measured to be approximately 275 feet where a utility pole located on the edge of a sidewalk obstructs the view. A small tree was noted during the field visit on the north side of the driveway, which could impair the stopping sight distance during foliage seasons. The existing free standing sign 214 Cambridge Street,Boston, MA 02114 Phone: (617) 742-5111 Fax: (617) 742-5333 E-mail:jconley@conleyassociates.com „» aRDJ `1N.4cc:7t z0-L[-uer .61tiL 99£ 8L6 l `.1lnSN03 03SV3 AS lu Jain 11 02 04: 19p Jennifer Conley CONLEY ASSOCIATES Mr. Chuck Budnick -2- January It, 2402 abutting the driveway limits sight distance to the south:on Route<125, forcing vehicles to edge out onto the roadway to see clearly into the intersection of Route 114 and 125. Stopping sight distance was measured to be 375 feet. The proposed relocation of the free standing sign four feet back into the property will provide an additional 100 feet,yielding a total of 475 feet of unobstructed sight distance and improving safety,because vehicics will no longer have to edge out onto the roadway. Since Route 125 is signed 30 and 35 miles per hour,the sight distances in each direction are more than adequate to provide a safe condition. After review of the existing stopping sight distance,Conley Associates, Inc. believes tlot the free standing sign located on Route 125 should be moved to the proposed location to improve the safety at this location. Stopping sight distance in all directions at both driveways is sufficient. Very truly yours, , L Yennifer C ey, P.E., AICP President 1042 North Andover]letter,doc `•1lfiSNO� 008�1� :AS lu: E/g 86ed `•Wdt,9:Zl ZO-Lt-uer `.6tbL 996 U6 l RICHARD&DOROTHY NOUN AM 24 PR 23 LAWRENCE A&ANDREA CASTALDO APPROVED BY: TOWN OF NORTH ANDOVER,ZONING BOARD OF APPEALS M1 24 PR 24 NOON. N sAZA DATE: N RED SQUIRE REALTY P AM 24 PR 67 PROP SIGN POST O(IST SIGN POST ti PROPERTY UNE 40 0 40 90 ANDOVER ST. SCALE 1"=40- M ATHEW 0'MATHEW YAKOVARKIS& DETAIL JAMES YAKOVARKIS,ETUX NTS AM 24 PR 39 BF NORTH ANDOVER.. : OFFICE PARK LIMITED AM 24 FIR 26 l W LEGEND - A DENOTES ARC LENGTH AM DENOTES: ASSESSOR MAP C DENOTES:COMPUTED DIMENSION OR AREA w DB DENOTES: DEEDBOOK m ENT DENOTES: ENTRANCE HC DENOTES: HANDICAP NTS DENOTES: NOT TO SCALE 5 PG DENOTES: PAGE. PR DENOTES;. PARCEL R DENOTES: RADIUS LENGTH RTE DENOTES; ROUTE SF DENOTES: SQUARE FEET t9�^ PLUM 2 TRUST STY DENOTES: STORY 0 8 Lbw tpt1 a JOHN F.McGARRY,TRUSTEE < aE5®a3g t0'�! AM 24 PR 33 ol THOMPSON'S RESTAURANT, INC — NOTES AM 24 PR 32 ed`yfs ,Ir. 06 7Pc 553 d v 3s,z40 sr(c) 1.ABUTTERS NAMES SHOWN HEREON WERE P1 99, aD+/- TAKEN FROM CURRENT TOWN ASSESSOR RECORDS. w �r g S 2(°2705'E ob 187.50' PRtbaSm�taGTmu�J ENTRPNCE ..-....-'.. f1a516VC FREE S74VDaV^ BGITuu'a'j's SN:x (SEE DETAIL ABOVE RIGHT) ANDOVER STREET (RTE. 125) MERRIMACK COLLEGE AM 25 PR 13 JOHN M.MARTEY NORMA CASERTA U NANCY C.BUTURLIA AM 24 PR 40 JOHN M.MARKEY AM 24 PR 43 AM_a PR 44 U ti NORMA CASERTA R AML24NPR 37ILY�UST AM 24 PR 38 P-j.t: SIGNAGE SITE PLAN ti U BERTUCCI'S RESTAURANT Lu 435 ANDOVER STREET NORTH ANDOVER, MA 2 LlPfevad R— 4 NEW ENGLAND RESTAURANT CO. .g 2 U' LEWIS-HtGHLANO TERR. REALTY TRUST zHo a _ CHERYL L.KETTINGER TRUSTEE 4CHUAN U&SHANSHAN WANG r CA C A B C O AM 24 PR 41 AM 24 PR 71 BUDS ICK C 0 CONSULT WILLIAM J.PATTERSON &.515-1i LAND AND ENVIRONMENTAL CONSULTING SERVICESAM a PR 45P.O.BOX 14 TEL 900-675-1591 CLINTON,MA 01510 FAX.978-US-7419 REVISED 4/02/02 5P 1 1"=.40' 1 Date: 01/14/02 89: CAB P.a Tb 10570123 FRs eo.: ESN210.40 lStW i d 1 Town of North Andover µORTp °Ettsto a'�N Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 °. $�s;c; ,s D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Date `3 TO: Town of North Andover = 0 Zoning Board of Appeals z*M m 27 Charles Street - D Z CO r-' North Andover MA 01845 w Q M o M -<��c1 X w w Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and for Special Permit for property located at: STREET': ( !2 � 35 M)4t/FI'� S7�T NAME OF PE Signed: .•^--'''�..._.rp'' Petiti ner(or petitioner's r ntative) ATTACHMENT WAIVER Q MAR 12 2x02 BOARD Pp OPEAPVO BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover E gORTM O tt�ao i°1�0 Office of the Zoning Board of Appeals ` '°-aim Community Development and Services Division Heidi Griffin, Division Director °' `°� �• " '' 27 Charles Street ss� ( D. Robert Nicetta Telephone North Andover,Massachusetts 01845 Tele 978)68&9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Nonce of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: 435 Andover Street NAME: Barlo Signs for Bertucci's DATE: 3/22/02 ADDRESS: 435 Andover Street PETITION: 2002-010 North Andover,MA 01845 HEARING: 3/12/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,March 12, 2002 at 7:30 PM upon the application of Barlo Signs for Bertucci's,435 Andover Street,North Andover, MA requesting a dimensional Variance from Section 6,Paragraphs 6.6(A)and 6.6(D)to relocate one(1) ground sign completely onto subject property eight(8)from property line within the GB Zoning District. The following members were present:Robert P.Ford,John M.Pallone,Ellen M.McIntyre,George M. Earley,&Joseph D.LaGrasse. Upon a motion made by John M.Pallone and 2�d by Joseph D.LaGrasse the Board voted to allow the petitioner to Withdraw the Variance Petition without Prejudice. Voting in favor of the withdrawal: Robert P.Ford,John M.Pallone,Ellen M.McIntyre,George M.Farley,&Joseph D.LaGrasse. Town of North Andover ': d ofAppeals, Robert P.Fo"Chaman Decision2002-010V. N ;r C 0 v aM:�Q �*rnM NO XCOM ®r->< rri CD M C);:atnCD <�= (V X O O- BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 3 Town of North Andover f NORTp Office of the Zoning Board of Appeals ? Community Development and Services Division Heidi Griffin Division Director ° Mi ,* / '�► °°ono 27 Charles Street cis D. Robert Nicetta P (hone North Andover,Massachusetts 01845 Tele 978)688-9541 Building Commissioner Fax(978)688-9542 N � C"> S=con rn C)C) Any appeal shall be filed Notice of Decision "O „� y within(20)days after the Year 2001 rn date of filing of this notice CD in the office of the Town Clerk. Property at: 435 Andover Street NAME: Barlo Signs,agent for Bertacei's Restaurant DATE: 12/11/01 ADDRESS: 435 Andover Street PETITION: 030-2001 North Andover,MA 01845 HEARING: 10/09,10/16,11/13, 12/04/01 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,December 4, 2001 at 7:30 PM upon the application of Barlo Signs,agent for Bertucei's Restaurant for property at: 435 Andover Street,North Andover,MA for a Variance from the requirements of Section 6,Paragraph 6.61)(1)to allow the replacement of(1)internally illuminated wall sign with a new internally illuminated wall sign,and(2)to allow the installation of a second internally illuminated wall sign where a primary and secondary sign exist Said premises affected is property with frontage on the North-East side of Andover Street within the G-B zoning district. The following members were present: William J Sullivan,Walter F.Soule,Raymond Vivenzio,Ellen McIntyre,&George M.Earley. The Variance petition originally submitted was for a replacement of a wall sign internally illuminated and a second,new wall sign also internally illuminated. Subsequent discussions between the petitioner and Board members reached agreement that required revised plans to be submitted showing only one wall sign externally illuminated. The petitioner submitted revised plans,dated I W 1/0. This action negated the need for a Variance. The North Andover Zoning bylaw does require a Special Permit for signs. Upon a motion made by Raymond Vivenzio and 2"'by Walter F Soule,the Board voted to GRANT a Special Permit for one(1)wall sign as shown on'the plan by Barlo Signs, 158 Greeley St,Hudson,NH 03051 dated 11/21/01,designated File Name: N.Andover_0105104(11-21),B-01-05-104,sheet I of2;said plan showing one 14'73/4"long sign illuminated externally by three gooseneck lights on the condition that applicant file a Special Permit for all existing freestanding ground signs that presently violate Section 6 of the North Andover Zoning bylaw within sixty days. Voting in favor: WJS/WFS/RV/EM/GME. Page one of 030-2001. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 4 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street sswcgt� ) � ( D. Robert Nicetta North Andover,Massachusetts 01845 Telephone 978 688-9541 Building Commissioner Fax(978)688-9542 Page two of 030-2001. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Pennit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, William J. S divan,Chairman Decision 2001-030 BOARD Or APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t MORTIy O O � M ' 9 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NO F1\IDOVE,R,&LASSACH SETTS 0131, FA:: (973) 633-9542 Date: .. TO: Town of North Andover a Zoning Board of Appeals . a CDn 27 Charles Street :rnm North Andover, MA 01845 Crnn�L Mr->< phone # 978-688-9541 fax# 978.-688-9542 0 Please be advised that-I wish to withdraw my petition without preiudica from the Zoning Board of Appeals agenda for property located at: - r� ,(k)oloil <, • STREET: TOWN: 'LJ 7) NAME OF PETITIONER: 1� = � Signed: petitions (or petitioner's re"entative) mllvaiance MAR ;t. 2 2002 U BOARD OF APPEALS 6S3-9545 CONS c:"ZV:�TIO�+o,.�':�.`30 E.I.Li:i 633-75�D PL"fV'IVU uSS-�:� TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS ,rl �► Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty(30) days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters) and dismi dismitete. for publication in the newspaper. The petitioner is incompnotified that the legal notice has been prepared and the The information herein is an abstract of more speck cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING I BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in histher behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts,and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information,the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest(abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department - Page 2 of 4 RECEIVED Application for a VARIANCE e NOR5 ANDOVER Zoning Board of Appeals I. Pgtitiont E AW'mh0, aAr6s3f n d to ephone number: p1 -644b :5i4ijS [)obi )CJ� Gf"4-YSf ttvdSflnj A) 4 0,2 ac 1 s6n - a a7-!5(,7 x �;3 3) 'The petitioner shall be entered on the legal notibe and the deciswn as entered above. 2. Owners of Land: Name, Address and Telephone number and number of y rs under thisership: i — �e7 rte,t /WC Po 6 a 1� ilk, ►Qr Arr rpt a a !g*s Years Owned Land: 3. Location of Property: a. Street: 435 qm0iverSf Zoning District b. Assessors: Map number a Lot Number: 3a- c. Registry of Deeds: Book Number 055 3 Page Number: 00-704, 4. Zoning Sections under which the petition for the Variance is made. 'Refer to the Perini Denial and Zoning By4.aw Plan Review as supplied by the Building Commissioner 5. Describe the Variance request TD A .L.•W tA- Rcp14v� - of L//) ihhcrnali i r_i..uon ha--c- (,Ur�1 �} i lyl�eYn�l� lLi—t)wl;n�-t�� v:►«lt S:�j,J *The above description shall be used for the purpose of the legal notice and decision. Atmore detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not Included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area open Space Percent Lot Frontage Parking * Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A % B. % Page 3 of 4 Application for a VARIANCE �s Zoning Board of Appeals . 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear r c.- Proposed Lot (S) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq.,F. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear /ttvl �( �(15fiVj % d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking " Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 96 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors S .feet Building" *Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* fi ��5h.n *Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which Is the offal form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. it shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated cry of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal nom. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations Itin a dispitissal,by the Zwkv Board of Bits application as Incomplete. Signa e-h Type above name (s) heree �" �i/��-f F►o,�:2 aC� i*�cle�S PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points Individually is required with this 2. zoning district(s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise,which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Fads relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and _bylaw. , topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks,sheds,&garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified-mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c)2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks(*). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Pian prepared by a Registered Professional Engineer one(1)year if not exercised and a new petition must and/or Land Surveyor,with a block for five (5)ZBA be submitted. -signatures and date indicated on mylar. i Re: Bertucci's 435 Andover St Andover Ma Bertucci's currently operates a restaurant at 435 Andover St and is seeking two variances; One that will allow the replacment of and existing internally illuminated wall sign,and a second that will allow for an additional internally illuminated wall sign where secondary signage (ground sign) currently exists. Bertuccis is currently located at the intersection of routes 125 and 114. The tip of the property is located at the intersection of the two routes. This property is located at the crossroads of two very highly traveled roads. Four lanes of traffic on 114 converge at one of the entrances to the restaurant. The traffic volume alone differentiates this parcel from others in the zone, Currently, Bertuccis maintains an internally illuminated wallsign. They are regionally updating their restaurants,and have incorporated their new look into the designs for the North Andover location. They are a national presence,and must be permitted to maintain that image. Allowing a second wall sign permits Bertuccis to identify the entrance to this high destination location,before the intersection of 114 and 125,where motorists would have to back track throughthis busy intersection.,Allowing the replacement of the existing walls sign updates the sign, and also allows motorists coming from the intersection to identify their location easily. By updating the current signage, the public will be benefited by attractive, clean clear signage at a location seen by thousands of motorists a day. The signage will be easily read, will help motorists to quickly locate their destination,and will help to provide a positive image to those travelling 125 and 114. The current bylaw allows for businesses to identify their location while respecting the need of the public for attractive,to scale storefronts. Our proposal is for the replacement of an existing illuminated sign and a second wall sign,and its continuance and the addition of a second sign are in line with the intent of the zoning bylaw. , J F • a.,. x.�. N "f .: __. , rt h r xi w GENERAL SCOPEOF WORK 1 E a , 12` 6 3/4" 107 3/4" ABOVE GRADE ROVE GRADE (TOP OF SIGN) (BOTTOM OF 51GN) ELECTRIC Existing Required s. R Circuits SCOPEOF WORKBARLOMEX MENK Amp Voltage "• • FRONT ELEVATION MANUFACTURE&INSTALL .� U.L. STEEL Existing ReqUired PAGE 2-Item C-(1)set 24"ncl's on raceway with pill sign Size Length Item D-(1)50'X42"awning g Stub Size Stub Length -- 114'-731W' Size: R Concrete: Yds. - <, SIGN DISPOSITION 24" �� � � PEAKED ROOF ❑Store far Bado O Leave @Site �Dispose _L 43" 0 Store for Customer 0 Chargeable O N/A t ' 101/4" NOTE: 1 • 1 LETTERS OF FEArE[ Returns:BEA RED Face:3/16*2793 REO PLEXI ITEM C:(1)SET 24"NCL'S ON RACEWAY WITH PILL S(GN Trim: 11, 1"REO MYLAR 3 Neon:CLEAR RED Raceway:PAINT TO MATCH WALL(PMS# PILL SIGN DEPT TIME SUMMARY Trim:BLACK MYLAR 3.. approx.62' LEAVE 3"GAP BETWEEN AWNING ITEM C: Rewrns:BLACK BEA5EGMENT5-ALIGN GAPS TO PILLARS ITEM D: Face:3116'WHITE FLEX WITH BLACK VINYL 42° ON FRONT•ELEVATION CoTEXT IS WHITE REVERSED FROM BLACK AWNINGS ARE NON-ILLUMINATED Art Dept Est. VMIYL FACE(WHITE PLEX SHOWS THRU) 5436 BURGUNDY SUNDRELLA MATERIAL- APPROX.AWNING 5PEC5.FOR FRONT ELEVATION 0 Art/Eng. 5-Neon AWNINGS AWNING OVER ENTRANCE TO DE 1-Patten. 6-Finish DIXON OVERTONE MILES#0034 SAND 4T(HT)X 3'0'(PROJECTION) 2-Let.Fab. 7-Paint SHOWN ITE D: 1 AWNING FOR FRONT ELEVATION THESE MEASUREMENTS ARE APPROX, 3-Screen 8-Install O 4130 BY FINAL 5URVEY 4-Met.Fab. 9-Mise. Type: Mat: Ret.Size: Box Date Released for product=: B : Job Name: Yp T All COLORS ARE FOR R�'RESENTATION 0(�.Y; BER UCCI S Rev. ► Date • e To SAo To Mex SEE ACTUAL SAMPLES FOR COLOR MATCH.` . Face Mar. Thickness: Copy: Location: ALLFUMMBESEME 1.11IN.ES 1may mENI p, N.ANDOVER, MA.- 453 N.ANDOVER ST. Pole Cover Mat. Ngt: Depth: ' PAUL Draws By: UIIdePYMMn Lakwdom"W.0 lIntwor <QgiD Q� Back-lit Drain Holes:@Y N pint: sales Rep: BART .. Face Mat: FLEX Th: 3/16" Return Mat: .040 ALUM Depth: 5" 158 St.;Hudsoi%NH M051'. GENEttAL INFO. ,= ; ; - Lsnd�: °e�` 7/19/01 tso�►8 638 Fax t3)882-7680 Mylar Size: 1e Back Met: ,063 ALUM. I Neon Rows: MM: 15 1 1 1 o coat M 3000 THE Swo eRow Fire roams: r txsaal�sn�v nrortxEeuru atRaalctpa apuutgNrl�rs •txEe o N.Andover 0105104(new)(J) 15E"f Ft49.7TOTAL Trans.Location: 30MA60MA Wiring 'h BX 3/8 ligtite dee N/A nlsmxxtaa wrrou Isamu aaaeorlo uta routs aeax rmMrxr ' Production: txtime;in4: _ ... _ B-01-05-104(J) D/F Nan-�l Houautp3: Pk': tLeacks WA Mtg. Nut Sart ru Ba <Clip ya""'' ® SHEET 2 OF 3 TOV��F.-NORTH ANDOVER VARIANCE Ot. 1, alJ r c ,ri fi ` RD OF APPEALS nr < r Wmoi. ZQQI Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty U days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters) and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. , requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8. PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf,or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the k required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 8: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days 1 Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department Page 2 of 4 Application for a VARI'ANC E Pa°`°� �� WA, .uhn:�� 12in.'Afz <�+raRa�i Zoning Board of Appeals 1. P dtioner: Name address and telephone num b%b� t,s 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years underithi ownership: 5 IM Pb b9A P% C Rioodofft- to wls r Years Owned Land: 3. Location of Property: a. Street: 43.5 L r-Y- St —Zoning District b. Assessors: Map number Lot Number. ,3}-- c. Registry of Deeds: Book Number b Page Number: !mob aG 4. Zonin Sections under which the petition for the Variance is made. 0 -Refer to the Permit tenial and Zones By4.aw Plan Review as supplied by the Buffing Commissioner 5. Describe the Variance request a� 41e- )»5 f K j l a j b h of A •��-�"�.,,� �t�-{evrt�(! t wi in a d� 'The above shall purpose legal nonce and aepmom A more detailed description'"" .. "`""""""" i`"�11e lis required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be meted to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % Page 3 of 4 Application for a VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear � xj Ip u y % c.- Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum tot set Back' Sq. Ft.. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 'Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. it shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner strati be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations m result i smi l by the Zoning Board of this application as incomplete. St nature v above name(s) here 0 r~ eQMqc,�f" "6f t Z A-b 10 iii -T ( PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district(s) application. 3. names of streets 4. wetlands to be shown on plan(if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise,which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks,sheds,&garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c)2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks (`). in some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10)copies of a pian not to exceed 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one(1) year if not exercised and a new petition must and/or Land Surveyor,with a block for five (5)ZBA be submitted. signatures and date indicated on mytar. Re; Bertucci's 435 Andover St Andover Ma Bertucci's currently operates a restaurant at 435 Andover St and is seeking two variances; One that will allow the replacment of and existing internally illuminated wall sign,and a second that will allow for an additional internally illuminated wall sign where secondary signage (ground sign) currently exists: Bertuccis is currently located at the intersection of routes"125 and 114. The tip of the property is located at the intersection of the two routes. This property is located at the crossroads of two very highly traveled roads. Four lanes of traffic on 114 converge at one of the entrances to the restaurant. The traffic volume alone differentiates this parcel from others in the zone. Currently, Bertuccis maintains an internally illuminated wall sign. They are regionally updating their restaurants, and have incorporated their new look into the designs for the North Andover location. They are a national presence, and must be permitted to maintain that image. Allowing a second wall sign permits Bertuccis to identify the entrance to this high destination location,before the intersection of 114 and 125,where motorists would have to back track through this busy intersection. Allowing the replacement of the existing walls sign updates the sign,and also allows motorists coming from the intersection to identify their location easily. By updating the current signage,the public will be benefited by attractive,clean clear signage at a location seen by thousands of motorists a day. The signage will be easily read, will help motorists to quickly locate their destination, and will help to provide a positive image to those travelling 125 and 114. The current bylaw allows for businesses to identify their location while respecting the need of the public for attractive,to scale storefronts. Our proposal is for the replacement of an existing illuminated sign and a second wall sign, and its continuance and the addition of a second sign are in line with the intent of the zoning bylaw. I� r � I _. 3 - ��■ � -tet � "�, � r'„ 1 II e wk9 Ali r+ � ;s� �' � •�.r, rr's s` �`£ a s*= k '"-r ,r t ILI— . ML '11HIMM 0i m IURN n tea.=.. �Ma �`- n ws r, , :ilUtl/AP.W"xJew 3 v >. W.04: .8 .. NOTESGENERAL SCOPEOF WORK : + ' 1 19'-10 1/2 ..., ����,,� �•����� , MANUFACTURE&INSTALL ABOVE GRADEELECTRIC Existing Required (TOP OF LETTERS) axe PAGE 1-Item A(option 1)-(1)set 36"remote A i N " ,' Circuits ncl's 16-101/2" x t, Item 5:(1)42'x42"awning ABOVE GRADE �' � Amp PAGE 2-Item C-(1)set 24° ncl's on raceway (60TTOM OF LETTERS) `��� ' °`� , � � ��i�.' � Voltage with pill sign U.L. Item D-(1)50'x 42"awning ; STEEL Existing Required a PAGE 4-Item E-(2)pylons signs to replace ,� - Size existing(using same dimensions as existing pylons) - Length n a . Stub Size LEFT 51DE ELEVATION Stub Length : + Size: 22'-13/4" Concrete: Yds. SIGN DISPOSITION ❑Store for Bado O Leave @ Site ❑Dispose ❑ Store for Customer ❑Chargeable 0 WA 3(011 66.4 . ITEM A(OPTION 1)-(1)5ET 36"NCL'5 MOUNTED ON SIGN BAND LEAVE 3"GAP BETWEEN EACH 1 5ECTION OF AWNING-PLACEMENT LETTERS T.B.D. 5Y FINAL FIELD 5URVEY Returns:BEA RED 42'-0" Face:3/16"2793 RED PLEXI �_ (3 DEPT TIME SUMMARY ITEM A: Trim: 1"RED MYLAR Neon:CLEAR RED 42" ITEM 13: Raceway:NONE Art Dept Est APPROX.AWNING 5PEC5 FOR LEFT ELEVATION O-ArVEng. 5-Neon AWNINGS ITEM B:(1)AWNING FOR LEFT ELEVATION 1-Patten. 6-Finish AWNINGS ARE NON-ILLUMINATED 42'(HT)X 3'0"(PROJECTION) 2-Let.Fab. 7-Paint SHOWN 5436 BURGUNDY 5UN13RELLA MATERIAL THESE MEASUREMENTS ARE APPROX. 3-Screen 8-Install -TBD 5Y FINAL 5URVEY 4-Met.Fab. 9-Mise. ALL COLORS ARE FOR REPRESENTATION ONLY. Type: Mat: Retsize: Box Depth: Date Released forproduction: B .lob Name: 15ERTUCCI'5 SEE ACTUAL SAMPLES FOR COLOR MATCH. Rev.# Date Desc• tioa To ShopTo Mex Face Mat: Thickness: Copy: Location: ALL FUiUSHES M BE SELM-GLOSS UNLESS OTHERWISE NOTED N.AN DOVER, MA.- 453N.AN DOVER ST. Pole Cover Mat, Hgt: Depth: ' ' Dawn By: PAUL L'IborateMes NC.® Interior go Face-Lit Back-Lit Drain Holes. Y N Client•. Sates Rep: 6ART Face Mat, PLEX Th: 3/16" Return Mat: .040 ALUM. Depth: 50 Onw: 158 Greeley St.,Hudson,NH 03051 GENERAL INFO. Landlord: 7/19/01 (603)882-2638 Fax 1603)882-7680 Mylar Size: 1" Back Mat: •063 ALUM. I Neon Rows: TSD MM: 15 ®COPYRIGHT 21100 THE BM10 GROUP File Name: y 15ET Sq-Ft: 66.4 „ , lwsot t+snEe arrornEaM=AU unoun roRal n#jM 1YTxEW N.Andover 0105104(new)(J) Trans.Location:REMOTE 30MA 60MA ging � 318 Liqtite Raceway N/A nlsalNtat>I aPoaro oruausEvarsNorrosEUS�aursoEmtRoac oaoaeermRunr�ox Engineering: .. Pialuction: Estimating: _ ... B-01-05-104(J) DIT d Non-ILL Housings: Glass Wit Back WA Mt Nut Sert ru Bac <C1 d3r,"�'— � .� Mtg. 'p Check By: Survey: Sales: - .SHEET 1 OF 3 f Town of North Andover t NORTp O ,�t,.eo � 4• Office of the Zoning Board of Appeals Community Development and Services Division , 27 Charles street North Andover,Massachusetts 01845 1ss�+cs D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 H Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 G' r date of filing of this notice Cr 2:CU X C--)::o M in the office of the Town Clerk. Property at: 435 Andover Street ,,r->< rr1oM NAME: Barlo Signs for Bertucci's Restaurant DATE: August 22,20 v)o rnX- ADDRESS: 435 Andover Street PETITION: 2002-010 North Andover,MA 01845 HEARING: 8/13/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 13,2002 at 7:30 PM upon the application of Barlo Signs for Bertucci's Restaurant,435 Andover Street,North Andover,requesting a Special Permit from Section 6,Paragraph 6.61)(2) to maintain two(2)ground signs where one(1)is allowed,said premises affected is property with frontage on the North-east side of Andover Street within the GB zoning district. The following members were present: William J.Sullivan,Walter F.Soule,John M.Paltone, Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by John K Pallone and?d by Ellen P.McIntyre,the Board voted to GRANT the Special Permit petition for relief from.Section 6,Paragraphs 6.6(D)2 allowing tate existing second ground sign according to the Signage Site Plan,Bertucci's Restaurant,435 Andover Street,North Andover,MA,prepared for:New England Restaurant Co.,by C.A. Budnick,Professional Land Surveyor#33178,Cabco Consult,Land and Environmental Consulting Services,P.O.Box 14,Clinton,MA 01510,dated 01/14/02,latest rev.5/15/02,with the condition that both signs be externally lit. Voting in favor John M.Palloie,Ellen P. McIntyre,George M.Earley,and Joseph D.LaGrasse. The Board finds that the petitioner has satisfied the provisions of Section 6,paragraph 6.2.1 of the Zoning Bylaw and that the granting of this Special Permit will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw section to protect and enhance the visual environment of the Town for purposes of safety,convenience,information,and welfare of its residents. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date of which the Special Permit was granted unless substantial use or bion has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, ohp M.Pallone,Aging Dmision2002-010 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North Andover NORT!{ Office of the Zoning Board of Appeals �� " 0 Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'sSACHUs�` D. Robert Nicetta Telephone(975"88-9541 Fax(97'688 "42�, Building Commissioner CD Any appeal shall be filed Notice of Decision QN. > within(20)days after the Year 2002 r n date of filing of this notice > C:;U(nn C'- in the office of the Town Clerk. Property at: 435 Andover StreetM�b NAME: Barlo Signs for Bertucci's Restaurant DATE: August 22,20g ADDRESS: 435 Andover Street PETITION: 2002-023 North Andover,MA 01845 HEARING:- 8/13/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 13,2002 at 7:30 PM upon the application of Barlo Signs for Bertucci's Restaurant,435 Andover Street,North Andover,requesting a Variance from Section 6,Paragraph 6.6A(6). Applicant is seeking dimensional variance fivin the mandated minimum setback in order to relocate one(1)existing ground sign on Rte.#125(Andover St.)completely onto subject property and leave the existing sign on Rte#114(Turnpike Street)as it is now located in non-compliance with the mandated zoning setback,said premises affected)is property with frontage on the North- east side of Andover Street within the GB zoning district. The following members were present: William J.Sullivan,Walter F.Soule,John M.Pallone, Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by George M.Earley and 2nd by Joseph D.LaGrasse,the Board voted to GRANT the dimensional Variance petition for relief from Section 6,Paragraphs 6.6A(6)of 7'for the existing sign from lot line setback on Route 125(by rotating existing sign off state property) and 8.08'from lot line setback for the existing sign on Route 114 as shown on Signage Site Pian, Bertucci's Restauraant,435 Andover Street,North Andover,MA,prepared for:New England Restaurant Co.,by C.A.Budnick,Professional Land Surveyor#33178,Cabco Consult,Land and Environmental Consulting Services,P.O.Box 14,Clinton,MA 01510,elated 01/14/02,latest rev. 5/15/02,with the condition that both signs be externally lit. Voting in favor: William J.Sullivan, Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse Voting against: Walter F.Soule. The Board finds that the petitioner has satisfied the provisions of Section 10,paragraph 104 ofthe Zoning Bylaw and that the granting of these variances will not adversely affect the neighborho W or derogate from the intent and purpose of the Zoning Bylaw. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced.,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, William J.Su ' a,Chaornzan Decision2002-023 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 r I TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS IV PROCEDURE 14106 V�' and REQUIREMENTS STEP 6:SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE The Office of the Zoning Board of Appeals schedules r a SPECIAL PERMIT the applicant for a hearing date and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest (abutters)and E be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7 DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town STEP 1:ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS; receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: DECISION: I as required in items 1 through and including 11 shall be completed. After the hearing, a co of the Board's decision will be copy sent to all parties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision'may be made pursuant to Massachusetts Petitioner submits all of the required plan information as General Laws ch:40A sec. 17,within twenty(20)days cited in item 10 page 4 of this form. after the decision is filed with the Town Clerk. STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1) original of all the required PLANS. information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of I The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence ! copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). J=' C:)o i I IMPORTANT PHONE NUMBERS: -0 , 978-688-9501 Town Clerk's Office l 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office 1 PAGE 2 OF 4 Date &Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: A0 J JqEn 1jem Sob;chajd &r�D 5- nS 6,r-h cG'I S 5t "The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: ons SbrS geStLura-t Ine. G Years Owned Land: 3 3. Location of Property: 35 400,1��j} a. Street:. Zoning District. i b. Assessors: Map number Lot Number: �- c. Registry of Deeds: Book Number 0 51�3 Page Number: 0 o 7 i 4. By-Law Sections under which the petition for the Special Permit is made. 5ec-N-n(i-p) j;SNS WrMi Qk&''-nejS hAW i7;>'il"i AS (Z) 6ra:,^ t "Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: { U J)L'LrfltLAS "The above description shall be used for the purpose of the legal notice and decision. A more detailed description is 1 required pursuant to the Zoning Board Rules and Regulations as cited,on page 4 of this application. Page 3 of 4 Application for a SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o� % 542_,S ' 5(T b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking ` Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o� c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces ' Front Side A Side 8 Rear 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in th oning Boar as incomplete. ales and Regulations may result in a dismissal by the Zoning Board of this application Signature Type above a e s here PAGE 4 OF 4 Application for a SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts retied upon. This is required in the case A. Site Orientation shall include: of a Special Permit when the following points, based on 1. North point MGLA ch.40A, sec. 9 of the North Andover Zoning By-Law 2. zoning district(s) and P 9.2 Special Permit Granting Authority shall be clearly 3. names of streets identified and factually supported: Addressing each of the 4. wetlands to be shown on plan (if applicable) below points individually is required with this 5. abutters of property,within 300 foot radius application. 6. location of buildings on adjacent properties within 1. The particular use proposed for the fond or structure. 50'from applicants proposed structure 2. Thespecific site is an appropriate location for such 7. deed restrictions, easementsB. Legend S Graphic Aids: use, structure or condition. 1. Proposed features in solid lines&outlined in red 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 2. Existing features to be removed in dashed lines II 4. Adequate and appropriate facilities will be provided for 3. Graphic Scales the proper operation of the proposed use. 4. Date of Plan 5. The use is in harmonywith the 5. Title of Plan purpose and intent of the zoning by-law. 6. Names addresses and phone numbers of the 6. Specific reference and response to the criteria applicant, owner of record, and designer or surveyor. required by the particular special permit for which this application is made(i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal requirements). Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and � 10. Plan of Land pians will be required when the � Each application to the Zoning Board of Appeals shall be interior of building accompanied by the following described plan. Plans must application involves new construction/conversion and/or a be submitted with this application to the Town Clerk's proposed change in use. Elevation plans for minor Office and ZBA secretary at least thirty(30)days prior to Projects including decks, sheds,&garages shalt be the public hearing before the Zoning Board of Appeals. included with a side view depicted on the plot plan, which include a ground level elevation 10 A. Major Projects Major projects are those which involve one of the following 11. APPLICATION FILING FEES A whether existing or proposed: a)five or more parking A. Notification Fees: Applicant is to send-by certified ' mail all notices to all abutters, and then spaces, b)three or more dwelling units,and �i c)2000 square feet of building area. supply proof of mailing to ZBA secretary. Applicant is Minor projects that are less than the above limits shall to supply stamps (appropriate current postage.)for require only the plan information as indicated with mailing of decisions to all parties of interest as identified in MGL.A ch.40A in sec. 11 * as listed on the asterisk in some cases further rther information may be � � y r a cation. ZBA Secretary creta will compute number of required. ry p stamps. B. Applicant is to supply one(1)set of addressed 10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest. 19"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 r a lication. b) Plan prepared by a Registered Professional Engineer and or Land surveyor,with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two (2) years if not exercised and a new petition must be submitted. RICHARD&DOROTHY NOUN AM 24 PR:3 LAWRENCE A.&ANDREA CASTALDO APPROVED BT. TOWN OF NORTH.ANDOVER,ZONING BOARD OF APPEALS nM 24 24 PR NOpZN PSN 6424 l?0 DATE: RED SQUIRE REALTY AM 24 PR 67 40 0 40 80 SCALE: 1"=401 MATHEW YAKOVARKIS.& JAMES YAKOVARKIS.ETUX AM 24 RR 39. BF NORTH ANDOVER "..OFFICE PARKLIMITED 24 PR 25 LEGEND - 'b & A DENOTES: ARC LENGTH a� AM DENOTES: ASSESSOR MAP ' m DIMENSION OR AREA OB DENOTES: DEED 800K NT DENOTES: ENTRANCE HC DENOTES: HANDICAP PC DENOTES: PAGE PR DENOTES. PARCEL R DENOTES:RTE DENOTES: ROUTE TLENGTH a Q� s Sr DENOTES SQUARE FEET � G STY DENOTES. STORY �3 .. 01< a i. PLUM.2 TRUST JOHN F.McGARRY.TRUSTEE h \ N 1 tp•r/. AM 24 PR 33 y agcy THOMPSON'S RESTAURANT, INC — NOTES — i S���.oll to vF AM 24 PR 32 DB 706 PG 553 35.240«/-SF(C) 1.ABUTTERS.NAMES SHOWN HEREON.WERE ol TAKEN FROM CURRENT TOWN ASSESSOR RECORDS. 20.2 05'E 730'vawoseP naacaq.oF'f EN7RAN twsturo rnFc scwaNn ANDOVER STREET (RTE. 125) MERRIMACK COLLEGE AM 25 PRt3 JOHN M.MARTEY NORMA CASERTA (j NANCY C.BUTURLIA AM 24 PR 40 JOHN M.MARKEY AM 24 PR 43 (a�uc AM 24 PR 44C4j 1+' NORMA CASERTA R&L FAMILY TRUST AM 24 PR 37 AM 24 PR.38 P.ot.et SIGNAGE SITE PLAN ti BERTUCCI'S RESTAURANT Q435 ANDOVER STREET NORTH ANDOVER, MA Q UI P"Par.O For: 20. NEW ENGLAND RESTAURANT CO, 2 Y 0 LEWIS—HIGHLAND TERR. REALTY TRUST S CHERYL LG N. C ETTIN CER TRUSTEE YICHUAN U h SHANSHAN.WANG V � T 0AM 24 .. AM 24 PR 71 6 C r ' ,,,,,,yyy WILLIAM J.PATTERSON LAND AND ENVIRONMENTALRVI .CONSULTING SERVICES ��"� AM 24 PR 45 „ P.O.BOX 14 TEL SW-675-1591 CLINTON,MA 01510 FAX.978-365-7419 scar 1„-.40' D6 : 01/14/02 16y: CAB P.D.N., 10570123 Fn.w.: ESN210.40 sr".« 1 a i 53" ------I Fr LnN�,i,,ri OF-T10rI I(Nf ATCH EXISTING) 1)I'ICALCOVE LIGHTING (,-"EE DETAIL BELOW) r � NEONOriANNEL5I.ETTER5 - a, t 11 1,1111LIA2: I i (51 POKE MAY NEED TO BE F �— n,1001FIEDTOA000MOOATE _ t A�T'i:Z�dlriSTA,L 7 3/4" NEON-MIN. 15 �`�. �1 Cucurts c ea;: °A� 3-�-(2)pylon signs TA I— ry k i;1 Amp 3. •,s ut t7uift using sarne 5 ECS - .. MIN.5TKCAE 3/4• t tit tea.^tT r-. _ � 9( 9 F � �- �"1 X Voltage z'Ewsural 53" CABINET �y�4: a9 p K MATCNDRYVIT#443 g . r-.'� ^ g U.L. 9. ,E =314" cnrrvAS TExCOAT C pp U ®PYLON 2 1 X _ 1R•+ I =3/4" EStub '! PYLON I INQSEO/PU5H-THRU ae _ CLEAR PLEXI LETTER5 WITH 'CAY-NIGHT"NNYL ON FACE ngthB T GHTSHOWS WHITE AT NI - ERTUCCI'S LETTERSLnCKIN HEDAY) 10'0' Sae: Redlres: BEA RED — Concrete: Yds. OPEN TUBE NEON(WHITE 6500) fries: 3/14F 2793 RED PLEXI .,;. ...- --:-- _ ,: t •E t TrieK t'RED Aa'(L.AR � � - � � � - ALUM TRIM AT TOP&BOTTOM O St re for Barb O Lea" Sine 0013001A TO MATCHDRWIT OStoreforCustmwr OChargnb4 OK'A New: CLEAR RED #456 OY5TER 5HELL 'AG-LINE' j I t t 3'X5'I-BERMS ' O5ED IN 125'ALUM FACE -(MAY NEED TO BE REPLACED) 445 aL'KED W/CLEARJCLEAR PLEXI. 67' '?LIED 3M DAY-NIGHT VINYL 2ND fi2°ACE �—��— \.KED W i TRANS WHITE V1NYL tLUbl W'FLIJOR5CENT5 /3.. POLE COVER )VE LIGHTING MATCH DRYVIT#443 T ' 49° CANVAS-7EXCOAi CLF LEXAN, +1'E 6500 NEON VH13 MTD.TO _T 3.. r GN BEA-PGHT BAFLE I ITEM E: .r. BOTTOM ONLY EM5ELU5HMENTDETAIL 5.. S GerTfr443U.•r+A SCALE:1'=l'-O' anDept Est D ArtiEng _.. 5 to,_ 4lES 1PatMn 6F..s,� 2 Let.Fab 7-Pa,nt _ ale. k A 3-Screen — B-Instea site Cover. ALUM-MATCH DKWIT 9443 • ITEM E-(2)PYLONS 51GN5 TO REPLACE EXISTING(DESIGNED U51NG SIZES OF EXI5TING PYLONS) a Met.Fab_ 9-M.sc C A.W A5 TEXCOAT LL COLORS ARE FOR REPRESENTATION ONLY.fFace CUSTOM Mats cw d FRAM Ret.Sae: N/A Boa Depth, Date Released la prcduction: BY Job Name: BEFTUCCfS SEE ACTUAL SAMPLES FOR COLOR MATCH Ray.• Data D..';tie. T.sh. To Mea e ae ALUM TAictness: .125 Copy SEE PRMt7 Location..N.ANDOVEF� MA.- 453NANDOVER5T over Mat.ALUM W/TEXCOAT Hgt Depth: PAUL —'€ OL 1IIIdlP1fYE'IT1rR Labors torks be.* rior Ext � ace�ln BackLit Drain Holes:�N 01 1 Sw+"+� RAFT at PLEx. rf 3n6" Return Ma1,040 ALUM. Depth. 15a Cres4r ST Wasoa rw(UC51 GENERAL INfO. 5 L.ndlard °"' 11/6/Ot Is,TZIeaz ztua Fax laczl aaz rsxSae: )+ 8aek Mal.063ALUM. Neon Rows: MM.i5 o corruceT zone TME eaete ceou► r.+•....at 50 FL NORIH( RLOGRO NAndo er_0105104 '1-Goy 1J.5 Location.REMOTE JOMA 60MA Wong Vi 8 18 lVute Racewsy WA nrsnens7tmaa awnrowaess ct Oi a®aASfsOJ XWwU7 to©ewEneinamtl� Proe�tt"" Emnmme. _ Et �kyySF QTNonfilgs: Wass Pt's tblexts WA Mtg Nut Sen ThruBack <CliP Cnact9y Suiten Saler �i1 � tL1Je Ot] B-01-05-104 $HEEi 2 OF 2 Jan-31-02 12 : 34P P- 02 Me h Zoning Bylaw Denial Town Of Noah Andover Building Department - 27 Charles St . North Andover, MA.01$45 `"" Phone 078-668-9545 Fax 97b.6d84642 Street: _ Y 35 19 CO A7 A licant.,_ B^ 0 8! N n' r n c,a � e I G. eeMk 4 18 a 0 C r 6 Gr+mi,jwuP 1StCoxsS Date: ... .._.,. Please be advised that arier review of your Application and Plans that your Application is DENIED for the following2oning Bylaw treasons: Zonin ►hem Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 I Frontme Insuffident 2 Lot Area Preexisting �;g 2' FrontigeConn les 3 Lot Area Complies 3 I Preexists front H e s 4 Insufficient Information 4 1 Insuicientlnfuimatlon B Use S No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insunlent Area 3 Use Preexisting commies ' 4 S ai Permit Required G S 3 Preexisiting CBA 4cs 6 Insufficient nforrnatlon 4- Insutfideat Infortttatkln C Setback H BuUd)ng Height. 1 All sell�ack coin I 1 M919M Exceeds,Maximum 2 Front Insufficient 2 Cam OS 3 Loft Side Insufficierif 3 PreexistingHeight c g l Right aide Insufficient 4 Insuf diant lnfomtafion 3 Rear Insufficient i Building Coverage 6 Preexist) setbacks 1 Gov exceeds maximum 7 Insufficient Information 4 e— 2` CoverageCam les . D Watershed ! Coverage Preaxisun t1 C 5 ! Not In Watershed .164r g 4 Insufficient Iritormation 2 In Watershed Sign J __Lot prior to 10/24/94 ! Nn not allowed 4 Zana to be Determined 2 n Co "es 6 Insufflcierd'informatlon 3 I'nsufflcle—m IfNormatton y�, E Historic District K Parking 1 In District review ulred 1 More PWWnO R uitied 2 1 Not in district 2 Park) Com 3 Insufficient Infonnalion 3 Insufficierrikiformation:. . 4 Prttisd Pe 'ngL RDMOdY for the abode Is club eked below_ Item A 3PGciQl Permits Planning Board hem s ftianee Site Plan Review S adal Permit G- Setback Variance Access other than F e Special Parmit V Fronts a Exc tion Lot Special Pemrif Lot AreaVarmnce Common Dtiv 8 ` lel Permit IVarlance Congregate Houein S sal Permk V fors n.. Continuing care Rearementsbatlal Permit' S sal ParltiiRs Zo Board Independent ElderlyHouyin 8 • Permit effnh Nrxt Cordorn�l Use La Estate Condo a Eertti Ro"no ml 5 ZRA Planned Devel meat 0i9bict 8 1 P"it 3 Use m#.Li ed btR similar Planned Residential t; sI Permit 6 Permit for R�Denali S aria)Permit - :6 permit eases noriGorlbrmin Watershed Special Permit S., C:► t»u�d The above review and attached wolaNdbn or such is treeed an the plans w d inbmWm submitted. No deBiriwo wmw and n woke erre)be tared on verbal erlPwwwre W the sppara,x nor shd such verbal ciangkne by.the appkard serve b Pr-kM denh"ar>swe,s to the abode raeeone for PENN1L, Any irraocur++aas.mWaft ft MftMntilllar,.or stirs,sutraegeart Ownges to the IrNonneUm subirrow M lire app W WA bs WbUn is lar ftla r%*w bo be vdded a t the dieval ti s the Building Depamnera.The W-hed docuriml ptted*Plan Rarlew Narrative''am be a eec ►reroto and iioorpmamOf herein by reference. The buNrV department wig,slain a1 pkm end gocra fiftolon forme above t h You and t Ore s new d h mfg PemrR ePPticauon form and begin the permidlro process. - r-ao-0;). -a j-o. uudinp Department cfriaal Signature Application Received AppllCartlon Denled Denial Sent:„ If Faxed Phono Number/Date Jan-31-02 12 : 34P P. 03 Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the appliralioni' permit for the property Indlcated on the reverse We: CD or M, �'dra� �i f2re �oaro( yea A ,., ��cq�•��v� �o �Q<N�a<a Csr s 4,4e.1c a,,,L 1 Y- 9 A G/'C /AnJ tr.h mi 5p `Ac/f LIA RI A.'4'° 1 ,S rs q U nrrl `tY?novg�i; ` lid van� `Dt- lt+� �5 i Referred To: Fire Hee@h Pope Zonin Board Conservation _^_ D rtmettt ofhubltc Works Planning _ HlstoriGal Commission Other y BUILDING DEPT FROM NORTH ANDOVER ASSESSORS OFFICE FAX NO. : 978 Gee 3211 Jan. 24 2002 10:42AM P1 .IAN-??-3? 17;d� =RUM-Nsrl: Sims 150385?7680 T-39J P.J2!OS =-d30 APPLICANT'S PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP . R EL ��N�►ME ADDRESS I I} ij�rsGS f ABUTTERS PROPERTY: list by map, parcei: name and address (PLEASE PRINT CLEARLY, USE BLACK tiK) , PARCEL NAME ACDRESS Gtir e `r Joh" r51- 4 uZ-s --� p,,.,j rcrc c Z '':.s+"14 C) k , N a24-. Cc '--7 fe6� J1rc.$ rhea tt;� , g�9eJ ray.�-rsr c �------- .1,,atrG#.i-- r�y- ►^I L./� +1.t.. � �Y'��,,'l�tC.Y �n�O l g�� 1,�( ji *_►, r1 :� �rratw e. 7; THIS IhFORMATiON WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE i,SSESSOR'S OFFICE: BY: SIGNATURE, ASSESSOR,TOWN OF NORTH ANDOVER DATE: Required list of Parties o;intersst Page one of s Culur Bb **ard of Asse r N �A=6-v/-"g FROM NORTH ANDOVER ASSESSORS OFFICE FAX NO. : 978 688 3211 Jan. 24 2002 10:42AM P2 �t�-2'-ii 1J:.t1 �Rp}1r8�,t� S:rn.9 l6D33821o3J T-340 P.0310A r-430 "vr L-r% ►: r,sT Dy map, parcel, name and address (PLEASE PRIV CLEARLY: USE BLACK, )i�'K) MAP ' PARCEL NAME 1+ ADDRESS - �,�p5 �s sem - ABUTTERS PROPERTY: list by Map,parcel, name and address (PLEASE PRINT CLEARLY- USE BLACK INK) MAP PARCEL' NAME ADD SS J A. rJi►1 J �Li 5 iz�,v, t•L�Ct�� T— a , ll 114 e— S t` i 44S q �+ ) 1 T1JIS }NFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND I ASSESSOR'S GFFICE: CERTIFIED 9Y THE BY: SIGNATURE,hSSESSOR, I O4iVN OF NORTH ANDOVER DATE: _ Required Jst of paries of interest Pane one of � of Arse o l r N Ando r FAX NO. 978-661-1172 Nov. 13 2001 06:37AM P2 �I } . POLICE D E P A R T M E N T r i� »gym nit Parl rrc r.h Lo u ?f 1 Novernber 1.2, 2001 North Andover ZBA 27 Charles Street N n'th Andover, MA Dear Mr. Sullivan, s I have reviewed information from Barlow sign regarding;the proposed suns for Ber(ucci's-Restaurant. The descriptions, drawings and photos provided all appear to properly show the configurations and locations of the sigrnc. 1 have a.lco looked at the restaurant and approached it from all directions of travel by motor vehicle through the intersection of Wilson's Corner and cannot find any problems with the sign placements of colors used. Sir rely, i S rSeant bred S cy North Andover Police .Department Traffic Safety 566 MAIN STREET,NORTH ANDOVER,MASSACHUSETTS(11845-4044 Telephone:97"63.3168 Pax,978=681-1172 Jan 11 02 04: 19p Jennifer Conley bl �- iYc-DJJJ CONLEY � --' ASSOCIATES January 11, 2002 VIA FACSIMILE 97&-365-7419 Mr. Chuck Budnick, PLS Principal Cabco Consult P.O. Box 14 Clinton, MA 01510 Re: Bertucci Restaurant 435 Andover Street North Andover, Massachusetts' Dear Mr. Budnick, On, January 8, 2002, Onley Associates,Inc.conducted a site visit to the Bertucci's Restaurant in North Andover,Massachusetts to assess the sight distance available at each of the site driveways. The stopping sight distance,the distance'required for an approaching vehicle to perceive and react accordingly to an exiting vehicle,was measured to the north and south of the site driveway on Route 125 and to the east from the site driveway on Route 114. The sight distance to the west is not relevant, as left turn movements are not allowed out of this driveway. The posted speed limits in the area of the site driveways and the intersection of Route 114 and 125 were noted to be 30 to 35 miles per hour. The minimum stopping sight distance for a 35 nine per hour zone is 225 feet. On Route 114, Conley Associates,Inc.measured the sight distance to the east to be approximately 260 feet through the intersection,which is greater than the minimum stopping sight distance for a 35 mile per hour zone,which is 225 feet. Sight was limited to 260 feet by the existing free standing sign located near the edge of the roadway as well as larger vehicles(sport utility vehicles)parked in the adjacent parking spaces. With the absence of large vehicles parked in the adjacent spaces, the stopping sight distance would be greater. On Route 125, the stopping sight distance to the south of the driveway was measured to be approximately 275 feet where a utility pole located on the edge of a sidewalk obstructs the view. A small tree was noted during the field visit on the north side of the driveway, which could impair the stopping sight distance during foliage seasons. The existing free standing sign 214 Cambridge Street,Boston, MA 02114 Phone: (617) 742-511 Fax: (617) 742-5333 E-mail:jcontey@conleyassociates.com C/a abed `•1NdC9:ZL Z0-LL-uef `6LbL 59B 8L6 l !iinSN03 038V3 :A9 juaS Jan ll 02 04: 19p Jennifer Conley O 1 I I T f- v. • •• CONLEY ASSOCIATES Mr. Chuck Budnick 2• January 11, 2002 abutting the driveway limits sight distance to the south on Route 125, forcing vehicles to edge out onto the roadway to see clearly into the intersection of Route 114 and 125. Stopping sight distance was measured to be 375 feet. The proposed relocation of the free`standing sign four feet back into the property will provide an additional 100 feet,yielding a total of 475 Peet of unobstructed sight distance and improving safety, because vehicles will no longer have to edge out onto the roadway. Since Route 125 is signed 30 and 35 miles per hour,the sight distances in each direction are more than adequate to provide a safe condition. After review of the existing stopping sight distance,Conley Associates, Inc. believes that the free standing sign located on Route 125 should be moved to the proposed location to improve the safety at this location. Stopping sight distance in all directions at both driveways is sufficient. Very truly yours, i +/1 ennifer C ey, P.E., AICP President 1042 North Andoverlletter.doc C/C 96ed `•Wdb9:Z1 ZO-LL-uef `.6ttL 99C 9L6 L `.LinSN00 008110 :/t9 1U0E TOWN OF NORTH ANDOVER VARIANCE t << ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty U days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters)and incom tete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: F The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. � a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11shallbe petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION; Petitioner submits all of the required pian information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty (20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Cleric. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Cleric Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts,and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest(abutters). M o 7) G �n On:;3 CC7 � rTi'f�'i IMPORTANT PHONE NUMBERS: >< n x►Cr)C:) 978-688-9541 Zoning Board of Appeals Office )> 978-688-9501 Town Clerk's Office 978-688-9545 Building Department - Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Don �eeS / Jeiir, (iob4aiee b"k 5'vs ¢Afi f� 60 s y � 15� Creef Sf- fwgh Ali 03451 'lie petitioner shall be entero on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years u der this ownership: "�1�H, �afl x 15,b /� ArJI���^2� 0 t 1'45 Years Owned Land: 3. Location of Pr o'bpe a Street: yJ -P d 1; r 5 r Zonin District g rlct b. Assessors: Map numbero'-4 Lot Number: 3;i— c. 2c. -Registry of Deeds: Book Number 055 3 Page Number: e O 7 o to 4. Zoning Sections under which the petition for the Variance is made. Sevfi oaf W C30- 1n:'SS tr%at 5-tncrs *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request fo J9 ("-,�ed Sfit,r(- oinTO • Sob ,2crFryerr , ltJh'c�, LO;il Rc5j i- 'I `The above'descriptibn shall be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 60, ifference from Zoning By-Law requirements: Indicate the dimensions that will not meet current linin -Law Requirements. (A and B are in the case of a lot split) Lot pen Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 3 - % Page 3 of 4 Application for a .VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B` `Rear c.- Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage feet Spaces Front Side ASide B Rear 0/0 OA d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces. Front Side A Side B Rear 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building*' 'Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be riled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for II expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations m y suft in a dismis y he Boning of this application as incomplete. Si nature ' Type aboe n me (s) here je r)Y1 PAGE a OF a VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When j requesting a variance from the requirements of MCLA ch.40A, Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point q each of the following points individually is required with this 2. zoning district (s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) particular use proposed for the la 5. abutters A. The.part p po a nd or structure. of property,within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend& Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Namesladdresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks, sheds,&garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's 11. APPLICATION FILING FEES Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A.Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage) for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b) three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c) 2000 square feet or more of building area. will compute number of stamps. ' Minor projects that are less than the above limits shall B. Applicant is to supply one (1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks(1. In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B.Plan Specifications: 'r.:..:.�•r:ri•.ii:air.:�Arte ...,, a) Size of plan: Ten (10)copies of a plan not to exceed B. 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must and/or Land Surveyor, with a block for five (5)ZBA be submitted. signatures and date indicated on mylar. i i c RICHARD&DOROTHY NOUN AM 24 PR 23 W �I LAWRENCE A.&ANDREA 3(./ -APPROVED BY: CASTALDO. dil t-�)Ltj TOWN OF NORTH ANDOVER.ZONING BOARD OF APPEALS AM 24 PR 24 '.. [1Pp'i DATE: RED SQUIRE-REALTY AM 24 PR 67 40 0 40 HO SCALE: 1"m 40• MATHEW YAKOVARKIS&` JAMES YAKOVARKIS.ETUX BF NORTH ANDOVER AM 24 PR 39 OFFICE PARK LIMITED - LEGEND A DENOTES; ARC ?y hao AM DENOTES. ASSESSORT MAP .. m C DENOTES: COMPUTED DIMENSION OR AREA D8 DENOTES: DEEDBOOK ENT DENOTES: ENTRANCE HC OEN07E5. HANDICAP ,<f PG DENOTES: PAGE z PR DENOTES. PARCEL R DENOTES. RADIUS LENGTH Q� d' RTE DENOTES' ROUTE SSF J�= a a a Y DEMO?ES STORY FEET ST - 86 SN ,5 ��� PLUM 2 TRUST 0. AEy'A3`' a J JOHN F.McCARRY..TRUSTEE _ 4 i a I AM 24 PR 33 THOMPSON'S RESTAURANT, INC NOTES - ,I�' `� AM 24 PR 32 _ De 706 Pc 55, 35.2ae./-r:.. 1.ASUTTERS^:AYES SHOWN HEREON WERE 4N� TAKEN FROM CURFENT TOWN ASSESSOR RECORDS. � 1 S 20°PT 05"E "50, PosED nEior of J ENTPAN . PPo ni4N IXi$nN�PRE£ST.wGiNG BE?ittG'S LGN ANDOVER STREET (RTE. 125) MERRIMACK COLLEGE AM 25 PR 13 JOHN M. MARTEY NORMA CASERTA U NANCY C.BUTURLIA AM 24 PR 40 JOHN M. MARKEY AM 24 PR 43 AM 24 PR 44 W U ti NORMA CASERTA R&L FAMILY TRUST AM 24 PR 38 AM is PR 3� ProlAct: � SIGNAGE SITE PLAN U BERTUCCI'S RESTAURANT Q 435 ANDOVER STREET Q to NORTH ANDOVER, MA Of v..Po.,a Eo. NEW ENGLAND RESTAURANT CO. QL U' LEWIS-HIGHLAND TERR. REALTY TRUST �Y S CHERYL L.KETTINGER TRUSTEE I+YICHUAN U&SHANSHAN WANG AM 24 PR 71 Q v Q A 8 C 0 AM 24 PR 41 % O:C 0 N M U L T M AA $ WILUAM J.PATTERSON - '4"O�'sssasF' LAND AND ENVIRONMENTAL CONSULTING SERVICES 'AM 24 PR 45 ry°suM�,f P.O.BOX 14 TEL 600-673-1591 CLINTON,MA 01510 >... .oFAX.976-365-741 Sclr 40, Dm01/14/00 PB.M 70570723 ESN240.49 _ t rLONI,�ri OFF lOrI 1(NI-ETCH EXI5TING) T__ - Il t'ICAL COVE LIGHTING } (,I,E DETAIL BELOW) NF,INCHANNELS LETTER5 V• Vq'N 411137111t (�tROKE MAY NEED TO BE y`x' h100IFIED TO ACCOMODATE _ 4.1tiUFAC7"U'ticSIN57ALL BEUM-Cn7 3/4" NEON-MIN. 15 f Cv[wts AGE 3 (2)Pylon signs to M„srKL+E 3/4' ^Py f a.�t>s Amp cFla-e eist'ng(built using same sFe;,s 53, - LA<iINET Yd'4 X Voltage eueung) C i �_ B p c�p. V - G =-�3/4" CANVAS-7�COA443 _{i U1 1 f zft _L3/4- ®PYLON 2 Sae ®PTLON t Length INCISED/PUSH-THRU Stub Sae .. CLEAR PLEXI LETTERS WITH •DAY-NIGHT"NYL ON FACE SM LagrA 1 1' (SHOWS WHITE AT NIGHT- MACK LETTERS BEACK IN THE DAY) — 10'0" ;0S.7- 6011C trts: 5EA RED Yds.PEN TUBE NEON(WHITE 6500)am 3/16'2793 RED PLEXI 1 1YREO MYLAR ALUM TRIM AT TOP&BOTTOM Leave @ Sia 0 D "TO MATCHDRYVIT ❑Chargaabte ❑N'A CLEAR RED X456 OYSTER SHELL kG-UNE' 3'X5'I-BEAMS ,ISED IN.125'AL UM.FACE (MAY NEED i0 BE CKEDwlCLEAR/CLEARPLEA, REPLACED) I� PLIED 3M DAY NIGHT VINYL 2ND 67" RFACE KED wt iR ANS wwTE V1NYl ILW W.'FLt7OR6 ENTS ��3n POLE COVER VE LIGHTING MATCH DRYVIT X443 Y ' 49•' CANVA5-TEXCOAr CLF LEXAN, --r eTE 6500 NEON VHB MTD.TO 3„ 1 BEA LIGHT MAtG U RrnT r4s3wC rA5 TEx ^' BAFFLE c B .,'• ITEM E: BOTTOM ONLY ' mr OLEED EMBELLISHMENT DETL_ 5,0 ALGM-MA'.C11 CCr7T r 443 LkT,'A4- S" TFEXXA! SCALE:1'=l'-O' An dept Est :EE♦9Cvl O An Enq — 5 Na_'n LES I PatVin _ 6 F.sn 1-Let.Fab 7 Pa.m }Screen 8-Inst3d r Co.": UPI-MATCHDRritT$443t ITEM E-(2)PYLON5 SIGNS TO REPLACE EXISTING(DE5IGNEG U51NG 51ZES OF EXISTING PI'LOtJS) 4 Met.Fab— 4-M sc — CANCA5 TFXCOAt COLORS ARE FOR REPRESENTATION ONLY. CUSTOM Mar5K;N&FRAME ReLSae: N/A 8u.Depth. Oats fleleased for otcduction: By' Job Name: BERTUCCI'S R+r.♦ Dau O+uri rias To ShopTo Mu CE ACTLSAt SAMPLES FOR COLOR MATCar. ALUM Thickness .125 Copv SEE PRINT Location:N.ANDOVER• MA.- 453 N.ANDOVEP 5T teA4S tD BlE SEae4iDSS trtFSS ORrfAwtSf N0r ver Mal ALUM W/TEXCOAT Hqt. Depen. a,.,e. PAUL n DeAw rrftm tAbwtt W brior Ent ' ace lrt Back Lit Drain Holes:(D N Chem ' Swv R 'r BART 0 at:PLEX." Th:3/16" Return Mar•040 ALUM. Depth 5 Das ISa&swr St,Ndsal AH oxiI GENERALINfO. .ndlure IW3)BlBl7 2634 Faa 16011 7a7 7i'Aae �+ Back Mat .063 ALUM. Neon Ros: MM.15' a corTMGHT mos 1111 eAAta 6W0rSp.Ft: naasasofAMMaxtuocULPALMcu+re2PLUGN4.3AsEDO*.fLW NAndover 010510'11-06) 19.5Location.REMOTE]OMA60MA Wiring) V�8 111 Liptite Raceway N/A ""'18-01-05-104 oacP/t+r�.;�_,r ILLNon-us: Glass Pi's Da Blacks WA Mtg Nut Sert Thm Back <Clip snack Br Swv.t Smer dp_'' _iQ4 IL;y r6) 8 O� OBJ �D4SHEET 2 01 2 Jan-31 -02 12 : 34P P.02 or N" y Zoning Bylaw Denial e 9 Pa Town Of North Andover Building Department 27 Charles St. North Andover, MA.01045 Phone 978-688-9546 Fax 97"3-9842 street: __ _...N 35 Illy ,m m e�• F.�' MaplLot ,3dk Alicant .... d^ SIG.ns Re uest: Rer"� ra _zftdes Date: I 7c3 1 ed Please be ddvisthat after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonin therm Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient _F Fro Insufficient 2 Lot Area Preexisting C g_ Z FmnC a Complies 3 Lot Ares Complies 3 Preexisting f e S 4 Insufficient Information { Insufficientlnlbmwlon B use S No acm a over Froffte 1 Allowed G Gonttguous Building Area 2 Not/Mowed t Insuffideni Area Use Preexlstin Co les ' 4 SP6tial Permit Required G S 3 Proodsti CI3A e.S 6 Insufficient Inforrhation 4• 1 tnsuffi*nt lnfddnatlgn C Setback y aulldjng Height: 1 All setbacks coirnEly t Height Exceeds Maximum 2 Front Insufficient 2 COMAlps. 3 Loft Side Insufficient 3 Preexisting He ht c g 4 Right Side Inst clent 4 Insufficient Information 3 Rear Insufficient I Building C°vatagg 6 Preexisting setbacks 1 Cov' aexoeeds maximum 7 Insufficient Information 2 Cov, a Corp to .. D Watershed 8 Coverage Proaxtabng y C S 1 Not In Wetershea '-1'G S {, Insuffl 14k Information 2 In watershed J Sign J Lot or to 10/24/94 1 S n not allowed 4 Zone to be Determined 2 Sian 'es 6 Insufficient Tnformallon 3 fnsuflldent Information E Historic DistrictK Parking 1 In District review required 1 More ParkI R uired 2 Nol in district 2 Parking Com 3 Insufftclenl Information 3 Ir►Sufficient.lrtfomtetion.. 4 P�exisd Pa RemedY for the above Is checked below. item A 1 BPOCial Permits Planning Hoardroam s Variance Site Plan RwAaw Special Permit C- Setback Variance Accees other than Frontage Special Permit PrigVeriera e F e Exc tion La S int Permit Lot Area Variance Common Oriv Special PormR ht bice Can re ate Haui3inq,Special Permk lbr's.120. Continuing Care RebremeMt SD tial PWMR special Pamjkg 2 Boyd Independent Elderly Housin 3 ial Permit Sencial Pen Non-Co4irm—ne Use ZRA Ln t_s�te Condo 8 ecla ermR Earth RanmoHal 5 _ Ptanned D"lopment District 3 Permit S Penn Use eot ' but similar _— Planned Residential 8 eoisf Permit S P ;� n R-6 Densty Special Permit -_4 speciat Panawwa 1ICrm0�tmformIM watermed S ecial Permit SIGN t J C 1-1aU The above re,iev,and attached wWkV Qlon of Such 19..EOeld an MIC plana and inhm i m u&nv@d. No d*Wwe WAM 9nd+:r or 9ovlce enar ee keaod on ve par erlprervioarle W cIa sppaearlt int ahaq s►rctl verbal py app4cant Serve to praiB_Wng aepby ce. The tsua�9rp department unit rete er plena end AOCurMntetlon for Ther 9bova 91e.Yoe moat IYe��9 eln�buaOYlp pa.M eppllallon town and beph tfr/pennittlrg prorsa9. /-aO ulldtnp Department Official Signature Application Received, APPltcadon Dented Denial Sent: If Faxod Phono Number/Deta Jan-X31 -02 12 : 34P P- 03 Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the applicalionl permit for the property Indicated on the reverse aide; - c'7ia � f�r�; jlrn� `-fl1eoa�� m _l�P o e a �S r., �, a .. YO A7,4frOLcd ^O cam' al .�wPd! C` �Itpvy <�I .V_s 14'e 40 �Y_ ,�y A GIS 56Ac%S f mgt Pe 01V I of pa,e& IS Referred To:• Fire HaeNfi Police Zoning Board CansemAon o � rnerii of uri' rc Warms Planning _ Hlstof_ Cpmmistlon other 9UILOZ OtP7 FROM NORTH ANDOVER ASSESSORS OFFICE FAX NO. : 978 688 3211 Jan. 24 2002 10:42AM P1 Siills 15039327G80 T-387 P.02101 APPLICANT'S PROPERTY: list b (PLEASE PRINT CLEARLY, USE B... ACr map, parcel,name and address K iAiK) MAP . PARCEL I NA ME ADDRESS I EG I ABUTTERS PROPERTY: list by map, parcel came and address (PLEASE PRINT CLEARLY, USE BLACK tiiO MAP _ 7 PARCEL NAME ) a.n� ACDRESS _ ! r ,r ✓A.K Vic l 4EgANvvL1cr-5t -� S C;� t (> r`'YI C cis e rf 2. A r•�.. er J -. (� on h M ry)Ger ,� `� e X13 C3 1 � � � ��?�=y �.. i�c.►/' ;'"ur � rQ; y� �^� r r l Uy r N,, )i N 17 L<r- 0 �c- prirj�, b,-4v1r j�7 5t per's #.33�:, (�. + `astm.t J r f-1cYcz � 'i C .,�E-�1 g N Pr j tib ✓J.-C- e -, i f`a goS a,V►. Ar IT r 3 1-- "m; ,�} 1 r✓ 1`7 1- A,4,& v RhL `t'>rt crt THIS INFORMATION WAS OBTAINED + ' : L- .� crrticrz E AT Th�ASSESSOR S Cl'FICE AND CERTIFIED 8Y THE ASSESSOR'S OFFiCE: BY: SIGNATURE, ASSESSOR, TOWN OF NORTH ANDOV:: DATE, Required list of parties o;interest Page ore of L� .1 o.dr; �e Bbard of Asse r N Andov FROM, : NORTH ANDOVER ASSESSORS OFFICE FAX N0. : 978 688 3211 Jan. 24 2002 10:42AM P2 d1W-�'-;^ IJ:.tl �Rllf�Ba ,o S;Yn.Z I6J3982T6d0 T-990 P.JS/Od r-d30 ,�� �R ►: ,st Dy map, parcel, name and address (?LEASE PRINT CLEARI USE BLACK INK) VAP ' PARCEL INAME ADDR4-001 V ESS 3 all ABUTTERS PROPERTY- list by map, parc;,l, name and addres (PLEASE PRINT.CLEARLY USE SLACK INKS s MAP PARCEL NAME ADDRESS r ` i G�Ifs �.JGl rG�'►!�c�'1 ` t-{-t'1�a V�Y 1'�► c�✓i 5 1 h We n t G, An its f 1 c3 W "11-11L 2 rO j -7G, I � THIS INFORMATION VAS OBTAINED AT THE A.SSESSOR'S OFFICE ASSESSOR'S OFFICE: E AND CERTIFIED BY THE BY: SIGNATURE,ASSESSOR ToWNORTH DATE: N a�yDC�IER Required;Ist of parjes Of interest ra-e one-2— of � E�1 06f Asse r NAndo r ©a �Pt• ',' FAX NO. 978-681-1172 Nov. 13 2001 06:37AM P2 +. r PO VII z A A� D E P A R T M E N T "Cornmunity Partnership" f November 12, 2001 North Andover ZBA 27 Charles Street North Andover, MA Dear Mr. Sullivan, I have reviewcd information from Barlow sign regarding the proposed signs for Sertucci's-Rest.aura.nt. The descriptions, drawings and photos provided all appear to properly show the configurations and locations of the signs. I have also looked at the i estaurant and approached it from all directions of travel by motor vehicle through the intersection of Wilson's Corner wid cannot find any problems wiTb the sign placements of colors used. Si _r1rely, S rgeant Fred S cy North Andover Police .(department Traffic Safety 566 MAIN STREET NORTH ANno'V rz,MASSACHUSETTS 01845-40" Telephone:97$-651-3168 • Fax:978-681-1172 Jan 11 02 04: 19p Jennifer Conley bl f- CONUX EY ASSOCIATES ' ' January 11, 2002 VU FACSIMILE 978-365-7419 Mr. Chuck Budnick, PLS Principal Cabco Consult P.O.Box 14 Clinton, MA 01510 Re: Bertucci Restaurant 435 Andover Street North Andover, Massachusetts Dear Mr. Budnick, On,January 8, 2002, Conley Associates, Inc. conducted a site visit to the Bertucci's Restaurant in North Andover, Massachusetts to assess the sight distance available at each of the site driveways. The stopping sight distance,the distance required for an approaching vehicle to perceive and react accordingly to an exiting vehicle, was measured to the north and south of the site driveway on Route 125 and to the east from the site driveway on Route114. The sight distance to the west is not relevant,as left turn movements are not allowed out of this driveway. 1 he posted speed limits in the area of the site driveways and the intersection of Route 114 and 125 were noted to be 30 to 35 miles per hour. The rninimum stopping sight distance for a 35 mile per hour zone is 225 feet. On Route 114, Conley Associates,Inc. measured the sight distance to the east to be approximately 260 feet through the intersection, which is greater than the minimum stopping sight distance for a 35 mile per hour zone,which is 225 feet. Sight was limited to 260 feet by the existing free standing sign located near the edge of the roadway as well as larger vehicles(sport utility vehicles) parked in the adjacent parking spaces. With the absence of large vehicles parked in the adjacent spaces, the stopping sight distance would be greater. On Route 125, the stopping sight distance'to the south'ofthe driveway was measured to be approximately 275 feet where a utility pole located on the edge of a,sidewalk obstructs the view. A small tree was noted during the field visit on the north side of the driveway, which could impair the stopping sight distance during foliage seasons. Theaxisting free standing sign 214 Cambridge Street,Boston, MA 02114 Phone: (617) 742-5111 Fax: (617) 742-5333 E-mail:ieonley@conleyassociates.com e/Z 862d :1NdPQ:7.L 7n-1 L-Uer !RLW RQE A/R 1` _ 11ngNnn ringyri :/t9 lueg . Jan 11 02 04: 19p Jennifer Conley CONLEY I� ASSOCIATES Mr. Chuck Budnick -2- January 11, 2002 abutting the driveway limits sight distance to the south on Route 125, forcing vehicles to edge out onto the roadway to see clearly into the intersection of Route 114 and 125. Stopping sight distance was measured to be 375 feet. The proposed relocation of the free standing sign four feet back into the property will provide an additional 100 feet,yielding a total of 475 feet of unobstructed sight distance and improving safety,because vehicles will no longer have to edge out onto the roadway. Since Route 125 is signed 30 and 35 miles per hour,the sight distances in each direction are more than adequate to provide a safe condition. After review of the existing stopping sight distance, Conley Associates, Inc. believes that the free standing sign located on Route 125 should be moved to the proposed location to improve the safety at this location. Stopping sight distance in all directions at both driveways is sufficient. Very truly yours, J Ye nifer C ey, P.E., AICD President 1042 North Andover/letter.doc e/e abed °Wd1v9:ZL ZO-LL-Uef !6ttL 99C 9L6 1 !i'inSN00 OOeVO :A9 ,juas Town of North Andover 190mg �" ' Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin,Division Director 'll °j►wsso 27 Charles Street '�swc ► D. Robert Nicetta North Andover,Massachusetts 01845 Telephone(978 hone 68$-9541 } Building Commissioner Fax(978)688-9542 0 c� r___ Mr., IVDc— > a,r July 24, 2002 M co This notice is to let all interested parties of the petition of: Barlo Signs for Bertucci's 2002-010 Special Permit, and 2002-.023 Variance For premises at. 435 Andover Street that the North Andover 7,oning Board of Appeals met in a special session on July 17, 2002 to reconsider the vote of the July 9, 2002 meeting in the light of new evidence. The Board voted to reconsider and continue the afore-mentioned petition at their August 13, 2002 meeting. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 JUL-22-02 15:54 FROM-8arlo Signs 18038821880 T-996 P.02/02 F-424 Town of North Andover Office of the Zoning Board of Appear -' Community pevelopment and Services Division 41 s4- ..t. . Ntuth Asuinvnt,jkJis,i,L-lncSGrLe(11545: Towhorw{97%)68&9541 ►, ',t Ni%xlIa Ems-9%2 A.K h� t°ax '3'7� 40 �2Lte ev C+ C. C= v 'ro: Town of Nvrth Andover Zoning E oad of Appa.*> C7 21 chules North Ail �� iover MA UiY 5 7•0c1; rncr _0 Mx 0 Haase be adwi-wd rhat 1 have agreed tks wait:the tirne c:tmMaluS for the 22Miag Ro:crd of appeals to makc a decision rcgardlng tare granting of a Vaiat=Mid Ior Speeial Permit; or Finding{ti ptQP 9TY k,c Wed at: STREET: MEETING DATE(S): NiA'.VIE OF PF-!'MONFR SiS ncd: Pe;.itioncr(or peationcrs teprewntat ve) w ntvt.R (iclaxi]C�! nt')'r.AI � 5-9531 i1, iLi3NG rraf+t5r,; Ct7N�,tit vAl t�cri ai Sr3 11�w i li eiiS vi.tf, ,'i�tNsvn+rG frSx• jSSa i' JUL 2 4 2002 L1 BOARD OF APPEALS