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Miscellaneous - 530 TURNPIKE STREET (2)
T Town of North Andover f „oR*►, O it,eo ` .Y Office of the Zoning Board of Appeals }: ' Community Development and Services Division P 400 Osgood Street ` �' D North Andover,Massachusetts 01845 ss''c"age D. Robert Niutta Telephone (978)688-9541 Building Conunissioner Fax (978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2005 date of filing of this notice in the office of the Town Clerk. Pro at: 530 Tarn ike Street NAME: Salem Five Cents Savings Bank HEARING(S): January 11&February 8, 2005 ADDRESS: 530 Turnpike Street PETITION: 2005-001 North Andover,MA 01845 TYPING DATE: February 11,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,February 8,2005 at 7:30 PM upon the application of Salem Five Cents Savings Bank,210 Essex Street,Salem,MA 01970,for premises at: 530 Turnpike Street,North Andover requesting a Finding under Section 10,Paragraph 10.4 and Section 6, Paragraph 6.6.D.lof the Zoning Bylaw from the Building Inspector's denial of a sign permit. Said premise affected is property with frontage on the Northeast side of Turnpike Street within the GB zoning district. The legal notices were published in the Eagle Tribune on December 27,2004&January 3 2005,and all abutters were notified. The following members were present: Ellen P.McIntyre,Albert P.Manzi,III,Thomas D.Ippolito,and David W.Webster. The following non-voting members were present: John M.Pallone and Richard J.Byers. Upon a motion by Albert P.Manzi,III and 2°d by David W.Webster,the Board voted to GRANT a Finding under Section 10,Paragraph 10.4 and Section 6,Paragraph 6.6.D.1 in favor ofthe applicant in order to allow a secondary wall sign,smaller in dimensions and lettering,with the following conditions: 1. The secondary sign permit shall be granted to the applicant,Salem.Five Cents Savings Bank, only. 2. The secondary sign"Salem Five Bank"shall have lettering smaller than the primary sign's "Salem Five"and shall be no larger than 25 sq.ft in area on the eastern wall entablature,a lesser dimension than the Turnpike Street frontage's primary sign of 35.69 sq.ft. Voting in favor: Ellen P.McIntyre,Albert P.Manzi,III,Thomas D.1ppolito,.and David W.Webster. The Board finds that the applicant applied for and received a primary sign permit in May 2004. The Board finds that the sign permit application for another sign,smaller in dimensions and lettering,is a secondary sign which is allowed in the GB district per Section 6,Paragraph 6.6.D.i even though the applicant did not state in the sign application that the request was for a secondary sign. The Board finds that a 25 sq.ft.wall sign on a 104.5x 13.5 wall will allow for 4 other tenant signs. The Board finds that the applicant has satisfied the provisions of Section 6 of the zoning bylaw and that such change,extension or alteration shall be less detrimental to the neighborhood because the secondary sign will allow northbound traffic on Turnpike Street to identify the Bank before passing the entrance. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North AndoverNORTH pfSt�co s'�.y� Office of the Zoning Board of Appeals Community Development and Services Division ; 400 Osgood Street * '� North Andover,Massachusetts 01845 'ss�c►+us�` D. Robert Nicetta 13a�ilcling Cammis,��i�aner Telephone (978)688-9541 Fax (978)688-9542 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 Zoning Board of Appeals, Ellen P.McIntyre,Chair Decision 2004-036. M25P64. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division * ^ ; 400 Osgood Street �,"a.,..o..► ., North Andover,Massachusetts 01845 ss"C""' D. Robert Nicetta Telephone(978)688-9541 Building Cominissioner Fax (978)688-9542 r_ C Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing in the top floor meeting room of the Town Hall, 120 Main Street,North Andover,MA on Tuesday the I Vh of January, 2005 at 7:30 PM to all parties interested in the appeal of Salem Five Cents Savings Bank, 210 Essex Street, Salem, MA 01970, for premises at: 530 Turnpike Street,North Andover requesting a Finding under Section 10,Paragraph 10.4 and Section 6, Paragraph 6.6.D.Iof the Zoning Bylaw from the Building Inspector's denial of a sign permit. Said premise affected is property with frontage on the Northeast side of Turnpike Street within the GB zoning district. Plans are available for review at the office of the Building Department,400 Osgood Street,North Andover,MA Monday through Friday from the hours of 8:30AM to 4:30PM By order of the Board of Appeals Ellen P. McIntyre,Chair Published in the Eagle Tribune on December 27,2004 &January 3 2005. a5CLZoo- Ga° ro -Im ��c m � jm m��cmN��mac"But mu3ot g3�m o 3 aio �r ��y0 Z r was � � aD '(3mQmaMcaDOn-m oZ0��OpZaFb D�vp° mv 00 0" < 9 07 o vm 0o e o °m r' E2. m 3m �mm m330n,".8 3oo " 8D°i $ a " v o D� E. - Qg o Legalnotice 2004-036. ? B�mmymmm n30 WN M25P64. ?2 ^ � _ ?vg.ga5�a g�oma�~ ��m03Wv ivRl a^o.Z '.p7-+ O-io u,., >>Q..w= ZrnoU>>UJm KO 2.K5A) CD3 m 0-Im (JN ° OC< d7 Ci U1.c0 co A7 3 Vic°o W•i...�m a>y LD-•°m N-°N Z o o_-� -R - ca y m� y mf m�•g o01 - /► A1 � �o a� °x�v°o°m� rNo� =oa W3 50 w c am�� N 0 m c D03 ti aA m m aoo °o v,Q�' m Zm °m m o» a�..o m Tf�=w c Zy gym. O 3� o nca� °'oc�no o -.a° 3� aQmo � .mN r nGi3gwW os000�mam�f3 •oo�o��°•Ovw'c`°man�`fi' �>� �$ Z wM ao �TIDa'ID °<n'mm 0 'n a, C> � O o my v Diva co m rv� ,m oa3 mM0 w Q-55-��mmm�3-,.3°=m -�3�oo°o°i°' <6m C1 � 1 DNS m�' N.� ° m p?,n m tnm y_m m o _v om m O CSm° «�mm°� �g � a'�o°7ommmN�v,m m�- mw.5°Q mm A 'um�m Ln o3 mem° 5'9S oaf 0??DX <o�Wog_ �° Board of Appeals 978-6X8-9541 Building 978-688-9545 Conszrvation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 NORTH ANDOVER FINDINGTOWN OF ZONING BOARD OF APPEALS _ . NAME: ADDRESS Of APPEAL: Procedure & Requirements for an Application for a Finding Ten (10)cries of the following information must be submitted thirty U days prior to the first public hearing. STEP 6:SCHEDULING OF HEARING AND Failure to submit the required information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a disrriissad by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete—_ the applicant for a hearing date and prepares the legal The information herein is an abstract of more notice for mailing to the parties in interest(abutters)and specific requirements listed in the Zoning Board for ptAgicabonin the newer. The petitioner is Rules and Regul'atiions and is not meant to notified#%at to lei noboe has been prepared and the supersede them.The petitioner will corrmlete items cost of the Partyin Intek fee. that are underlined S_TEp 7•pEt iYERY OF LEGAL NOTICE TO NiE1NSPAPER STEP 1: ADMINISTRATOR PERM T DENIM: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial k mm completed by the notice to the local newspww publication. Building Commissioner. STEP 8: PUIBLIC HEAPJNG BEFORE THE ZONING STEP 2: FINDING APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The peitKNW should aye in hisltier behalf, or be Board of Appeals for a finding. All information as represented by an agent or attorney- in the absence of required in items 1 through and including 11 shall be airy appearance wthout die cause on beef of the completed- petitioner,the Board shall decide on the matter by using the ink it trais otherwise receive. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the tisaring,a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4: 013TAIN LIST OF PARTIES IN INTEREST: decision may be made Pursuant to Massachusetts The petitioner requests from time Assessors Office a General Law ch-40A sec- 17,within twenty(20)days certified list of Parties in Interest(abutters). after the deasm is filed with the Town Clerk- STEP lerkSTEP 5: SUBMIT APPLICATION: Stec 10' RECORDING THE DECISION AND PLANS. Petitioner submits one(1)original and 10 Xerox copies The Petitioner is responsibie for recording certification of of all the required information to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the Town Clerk's -Lsnarence MA,and strait complete the Certification of Office,and the 10 Xerox copies will be left with the Recoding form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Department IMPORTANT PHONE NUMBERS: 978-588-9533 Office of Community Dev&Services 27 Charles Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-95M Assessor's Office 97M88-9542 fax for Community Development offices 978-088-9545 Building Department 978-68&9541 r Q-guard of Appeals Office 1 1 PAGE 1 of 4 2004 L.f BOARD OF APPEALS °SMOLAK & VAUGHAN LLP Attorneys at Law Jefferson Office Park 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 - Telephone 978-327-5220 Facsimile 978-327-5219 John T.Srnolak,Esq. Direct 978-327-5215 Email:jsmolak@SmolakVaughan.com December 16,2004 BY HAND Ms.Joyce Bradshaw Town Clerk Town of North Andover Town Hall 120 Main Street North Andover,Massachusetts 01845 RE: Application for Finding/Appeal of Building Inspector's Determination Owner: Pico Trust,John F.McGarry,Trustee Petitioner: Salem Five Cents Savings Bank Property: 530 Tune Street(Assessors Map 25,Lot 64) Dear Ms. Bradshaw: This firm represents the Petitioner with respect to the above-referenced.Application for a Finding and Appeal. In support of the Application,please find ten(10)copies and one(1) original of the following: 1. Application/Petition for Finding to the North Andover Zoning Board of Appeals; 2. Memorandum is Support of the Appeal; 3. Site Plan and Related Exhibits; 4. Certified Abutters List 5. Checks in the amount of$50 and$221,payable to the Town of North Andover representing the Application Fee and Notification Fee. Please contact me should you need additional information of if you have any questions. Thank you for your assistance with this matter. truly yon' ohn T. Smolak JTS/ cc: Joseph Longo,Vice President,Salem Five Cents Savings Bank Ellen McIntyre,Chair,North Andover Zoning Board of Appeals D.Robert Nicetta,Building Commissioner it Page 2 of 4 Date&Time Stamp AMUcaWn fora FINDING . N�rH�Nt�►ovE�e�a� o�ApPl�aLs 1. Petitioner: Name, address and telephone number: Salem Five Cents Savings Bank, 210 Essex Street, Salem, MA 01970 Attn: Joseph J. Longo , Vice President Tel. 978-720-5810 -rhe petitioner shall be entered on ltee tegai notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: John F. McGarry as Trustee of Pico Trust, 401 Andover Street, North Andover, MA 01345 Tel. 978-686-1111 18 Years Owned Land: 3_ Location of Property: a. Street: 530 Turnpike Street Zoning District General Business (GB) b. Assessors: Map number 2 5 Lot Number: 64 Registry of Deeds: Book Plumber' 2 3 7 8 Page Number: s 9 4.Zoning Sectiones under wtnch the pett#ion for thin P'uirtg is made. Sections 10 .4 and 6 . 6,D.1 'Refer to the Perms Denial and Zoning By-law Phan Review assuW*d by the Ov0ding t omidsohmer 5. Describe the Finding request: Pursuant to Section 10. 4 of. the North Andover Zoning Bylaw and Section 8 of M. G.L. c .40A, the Petitioner, as a person aggrieved, is appealing the Building Inspector ' s denial of a sign permit under the provisions of Section 6. 6. D. 1 of the North Andover Zoning Bylaw. 'Tbe above deseripdon sAetl be used far the purpose of the kgar nod=and dedskaL A more detaied descdipdon is re*dmd Pararwlt to We Zoning Board Rules dna PASukdons as cited on page 4 of this appilh allim Falun by the appicut to descn1e0re reguot may nWA In a decision that does not address the hdeM of the appleant. The decidon wNr be NmNed to the rye 4 by dw applicant and wiN not krralve additional items not incbrWded above. 6a, Difference from Zoning By-LAW requi aeft: wdicift the dimension that wiry nut meat cu ent Zoning By-law Requirements. (A and B are in tete case of a lot split) Lot Area Open Space Percent lot Frontage Parking Minimum Lot set Back` SqN TCoverage Feet Spaces Front Side A Side B Rear A _ t St N Ft-A N/A % NIA N/AHJA N/A N/A NLA 3. % Page 3 of 4 Application fora FINDING NORTH ANDOVER ZONING BOARD OF APPEALS 6. b. EAstingLot: See Site Plan. No Change Other Than Proposed Sign. Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot ser Back' Sq_Ft. Sq. Ft Coverage Few Spaces Front Side A Side B Rear N/A N/A N/A % N/A N/A N/A N/A N/A N/A c. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Parlong * lltGr wnunt Lot set Bads' Sq_Ft Sq. Ft Coverage Feet Spaces Fmnt Side A Side B Rear N/A N/A N/A % N/A N/A N/A N/A N/A N/A d. Required Lot (As required by zoning By-Law) Lott Area Open Space Percent Lot Frontage Parking * Minimum Lot Set Bads' Sq- Ft Sq.Ft Coverage Feet Spices Front Side A Side B Rear N/A N/A N/A % N/A N/A N/A NIA N/A N/A ` 7e a. Existing Buildings: Ground Floor Number of Totem Use Of Square feet Floors Sq.feet Building` 9384 2 18764 Vacant (510 Turnpike Street) 13320 1 + mezz 14640 Bank (530 Turnpike Street) `Reference Use Cade numbers and uses from the ZaMtg WLax►State Mann -of unit in butenm b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq_feet Building•' N/A N/A N `RL4erence use Code nwoeis and uses from the Zawg BY-Law State number of urds in bui ft. 8. Petitioner and Landowner signature(Sy the To ve y appfi ofTicef Ott be rtade on this term whch is the a btW bm of the ZmkkV Board of AWWL Emy slW be filed wth appumtion received by the Town Clerk or�of the to fixrvsh air suppor#ng do witf this arpp6cation The dated copy of this responsible for m9 8o2rd of Appeals does not absoh+e the appiiaartt from#tis re�Y. The p �l be Regulations may n m a �"notiliicion. Faure to comply wish Wocalfon raqui W=ts,as cited her and the b+!the 2 8arani of this ZWMV Board Rules and S_a m Five Cents wings �°fl�� Owner : Pi T s Siglt2tur'eB t a t t y, �. B Y iypeabav a S a Esq. Jo n F. c � dere —— w —C4—pa-- 3-0 II o C4 M CM 40. W m en ak cowl uk its fit I fa z � n � � ----- -------- ir Er id _r A ILI Lb LA Pian Review Nemaline The follm"nwdNe a p coded m KOM eosin the for denial for the appy permit for the property irk on the reV9=side: �dC vv S�Ta/� ,Ue"f� e S{C�erc� t.v 7t�Ta� r s D r-e '1'7i.w -e AJ Oelerc�IOV ( d t- -2n mI- -/-* e. a/ ,P'UStVuA� a w���d" d `-Ce ,v dl S at �- �,or / h'e Vrr-e� no/e li J '[ �vtq /1Jm z,e cP o � yrs !s Rt>!fmW ft Fire i lam Zarba tltae d c of PuhN�vleakc pmraft rraM Com rdlesioe � euxns�ao�r TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANT: SALEM FIVE CENTS SAVINGS BANK OWNER: JOHN F. McGARRY,TRUSTEE OF PICO TRUST PROPERTY: 530 TURNPIKE STREET MEMORANDUM IN SUPPORT OF APPEAL OF BUILDING INSPECTOR'S DETER MATION I. INTRODUCTION Pursuant to Section 10.4 of the North Andover Zoning Bylaw and Section 8 of M.G.L. c.40A, the Salem Five Cents Savings Bank,as a person aggrieved, is appealing the Building Inspector's denial of the issuance of a sign permit since the denial issued by the Building Inspector was incorrect, and should be annulled,so that a sign permit can be issued without any requirement for a special permit or other zoning relief. II. BACKGROUND Salem Five Cents Savings Bank(the"Bank") is the sole tenant located in a 13,000+ square foot building (the"Salem Five Building")located on the premises known and numbered as 530 Turnpike Street(the"Property"). The owner of the Property is John F. McGarry,as Trustee of Pico Trust. The Property is located in the General Business("GB") Zoning District. The Property's use as a bank is permitted by right in the GB District. A Site Plan showing the Property is attached as Exhibit A. On or about May 25,2004,the Bank had applied for and obtained a Sign Permit to allow for the erection of a primary wall sign(of 35.69 square feet in size)which currently is located on the front of the Salem Five Building(the"Primary Wall Sign"). An elevation drawing depicting the existing Salem Five Building Primary Wall Sign and a copy of the approved Sign Permit are attached as Exhibit B. On or about November 5,2004, the Bank, through its attorneys,applied for a second sign permit to allow for the erection of one additional sign,which was smaller in size than the Primary Wali Sign, to be attached to the east side of the building(the side of the building facing Fuddrucker's as one faces the Salem Five Building from Route 114). A copy of the November 5, 2004 sign application,as well as copies of the proposed sign elevation depicted on a "Secondary Sign Layout Elevation Drawing,"and sign sketch depicted as"Secondary Sign Sketch,"are attached as Exhibit C. On or about December 14,2004,the Building Inspector issued a denial of the sign permit. As the basis for denial, the Building Commissioner determined that the proposed sign did not comply with the require ments of Section 6.6.D(l)of the Zoning Bylaws and that a ( ) g y Special Permit was required to erect the sign. A copy of the Building Inspector's Denial is attached as Exhibit D. Appeal Memorandum—ZBA/Salem Five Bank III. BASIS FOR APPEAL The Building Inspector's denial was incorrect,and should be annulled,because the provisions of the Zoning Bylaw cited by the Building Inspector as the basis for the denial relate solely to"Primary Wall and Roof Signs,"and the type of sign applied for by the Bank(and which was the subject of the denial)constitutes a"Secondary Sign"as defined under the Zoning Bylaw which is allowed by right. The basis for the Bank's appeal is as follows. 1. Article 6 of the North Andover Zoning Bylaw describes the requirements for signs in all Zoning Districts. 2. Section 6.6.1) of the Zoning Bylaw sets forth the requirements for signs in`Business and Industrial Districts." 3. As the basis for denial,the Building Inspector cited to the language of Section 6.6.D.1.of the Zoning Bylaw which provides as follows: "Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed, in total area,more than ten percent(10%)of the area of the dimensional elevation of the building as determined by the building frontage multiplied by the floor to ceiling height of the individual business or as specified in applicable sections of the bylaw." 4. Section 6.3.14 of the Zoning Bylaw defines"Primary Sign" as"the principal accessory sign which may be a wall,roof,or ground sign as allowed in Section 6.6"(i.e., "Permitted Signs"). The sign which was approved pursuant to the May,2004,sign permit was a Primary Sign since it was the principal accessory sign on the Salem Five Building. 5. However, the Zoning Bylaw expressly permits the erection of a Secondary Sign(in addition to a Primary Sign)which is exactly what the Bank sought through its sign application. Accordingly,the Building Inspector's denial incorrectly characterized the sign applied for as a Primary Sign when the sign should have been characterized as a "Secondary Sign." A Secondary Sign is defined under Section 6.3.17("Definitions")of the Zoning Bylaw, and which"is a wall,roof,or ground sign intended for the same use as a primary sign but has smaller dimensions and lettering as allowed in Section 6.6." (emphasis added). 6. To this end, Section 6.6.D of the Zoning Bylaw specifically provides that"Each owner, lessee,or tenant shall be allowed a primary and secondary sign." (emphasis added). Accordingly,the Salem Five Building already contains one Primary Sign(as defined under Section 6.3.14—"Definitions"of the Zoning Bylaw)which was permitted as described above in May,2004 because it met the dimensional requirements established under Section 6.6.D.1 of the Zoning Bylaw. Appeal Memorandum—MA/Satem Five Bank 7. The sign which is the subject of the denial,however, is clearly a Secondary Sign.Unlike the specific dimensional requirements required for a Primary Sign described under Section 6.6.D.1 above,a Secondary Sign is,by definition,permitted by right in a Business District provided that it simply has smaller dimensions and lettering than the Primary Sign. In this case,the proposed secondary sign(26.125"height x 186.229" width,or 33.79 square feet)is 5%smaller than the existing primary sign current located on the front wall of the Salem Five Building(32"height x 150"width,or 35.69 square feet)which was approved in May, 2004. 8. Therefore,since the Building Inspector incorrectly characterized the proposed sign as a Primary Sign when it should have been identified as a Secondary Sign,and since the proposed Secondary Sign has smaller dimensions that the existing Primary Sign,no zoning relief is required to approve the proposed sign and so a sign permit should be issued by the Building Inspector. Accordingly,for the reasons stated above,and others that will be presented at the hearing, the Petitioner respectfully requests the Zoning Board of Appeals to annul the decision of the Building Inspector as requested above, and allow the proposed secondary sign to be erected without the need for a special permit or other zoning relief. Respectfully submitted, SALEM FIVE CENTS SAVINGS BANK By its attorney, A. T. Smolak,Esq. `SMOLAK&VAUGHAN LLP 820 Turnpike Street,Suite 230 North Andover, Massachusetts 01845 (978)327-5215 Appeal Memorandum—MA/salem Five Bank FOR REGISTRY USE ONLY atn -_- - - --------------------- -- - - - ew"►FORTH F&G*TRY CW ORD6 . W-D'PAW" FASEMENT Lmmva4m,mm. q�wp • . TTEST • F►.xa - J ? S 1 f i 7 • 1 v Y 'C 0 H 6 1{ 17 N + AL fl1MMB ailitiHT wOVR ra- TMO IVAY ry TWO MAY ry Warr&W • I' w7RIG;E�,� V 4d'��./Vi ii J.1i� J CERT/FY THAT TlD.l' PLAN CONFOR P • TO T THE REWSTRY of IDEEATIONS DS. Iy� ?i 2712#129 s0 3✓ S1 1'33 TMO MAY / 41 34 35 ti 3.7 .i/ 31 JO 1 29, GROSS ?$I >3 Ob f. PARKING REOURED • I SPACR AREA A6.7"E PER 300 S.F. 4?' 13 44 1t 1f 17 111 11 .0 5! Atr 7H S.P. /300 i?S LOCATION NAP r ♦ r PARWAr, WQjV ED ■ t?J SPAMS s _ WSW""Wz E. � 53 7 r i �f1YN� W GROSS FLOOR AREA - 1,H0 S.F. �l -[ Q PARKIA0 REOLWAD + 3 SPACES PER)000 &F. ?oMy aa�� N01271{ ALiDDyfi. ". !r 7J40 S.F. /1000 • 9.N x 3 - ?=4? SPACE'S !'�AWlINm BDA u 'i7' W .i! +� n [� J PLUS I SPACE PER EMPLOYEE ! EhPLOYEE SPACES >i -4 /ARK04 AVOCWEA ■ 7i4? WACWS ?5'. Z� Ir GROSS FLOOR AREA - 5,300 S.F. fi 0 Y /! 70 'a T1 71 'K 7Y 77 ffwJ PARKING REOLYREO • J SPACE PER 300 S.F. 4 IJ 55009f %300 + ARS lowszft F J, a r MMUL[.�WJN arAurr ✓ TWO WAY H AVO WAY GROSS FLOOR AREA • SAW S.F. PAR RR - 5 SPACES PER 10 '� 1'�"f"•`t I`"I t KING aJJAOO P oo S.F, 5600 3J` / LODO S.F. x 5 - 2 i.5 11%m RX/sT1m 1{AI MKi R'ARAG0* RlG1t = ■ ZU AIWACts GROSS.FLOOR AREA AfAW sF RE�EIYEO �1 rooTrs�wT l3�?0 kION `I3 /4 Ii OL I7 N 1Y !0 KJ X 510 TIARMFWe ST. - .0.50 SPACES N 530 T4f4NPlKE ST. + 3[1? SPACES $30 TJKNPAKE ST. - ,W-10 SPACES Ar aJ Af7.?? SPACESSAO • �^�j�� PACES jw1 W 530 rT1WNNJ'wv PWE 8T._ - 3[1?SPACES . t)Wroto iNLL7M/f 530 TURNPNCE.aT. _27.50 SPACES 49068 MOM AREA p17i1 S.F. S f fOQTPNWVT t1N S.F. I?L1? 3PACE9 - tbnr�tLoow ta.xw.00•aswieo� ' x T Y i HAND/CAPPED SPACES HAW DEEM b!ClUDED IN TWO WA _ THE TOTAL PARK/N4 FOR T1i1.9 SI7E. fSEE PIAN) N = O -_� ff�f�SPfCA7�S tio• 11p'1iDNl�Y wr.iaw w■r^a RNrws `t{' TLGIO WA abtA2813 - bYw�. ZONi< WAYZONING /NJFORMA TION------------------- -- - - - --#--- }, b /LAff 101 d0 M! 4 { SLOT AAW�A ncgk D XOOOW sSf. 0 M COVIRK+[ W AYlD 7R bW O!K COVERA4F?J7W AK T k 17 w.. r A0J 10] 103 fop n. ?5' in +—?5'. EXIT " - EXIT _ - � - _ GRAPHIC. SCALE 'aawufl Q. � ANTER _ . DATE RjMrAM.&VnWA "AID■AM AT MOM M TV*Aft*A NOTF, ROUTE l!9 (TURNPIKE 5 TREE T� MEW tAND" '� `'LA° ` `�°'- Y° " APP ANT ALL NEW tARICYIf,llAf�'J AR[ I'-�Y' - ALL NEb FLC. lt.+.CE'J ARF f i Y'p10.NJ RECORDED PROPERTY OWNER: FARKING PLAN OF PROPERTY LOCATED AT: PROFESSIONAL ENGJNEERS AND LAND SURVEYORS: PrCO TRUST .310 t 330 TURNPIKE 5TREE T CAROTYANSEN $ $061 �74ri J�war Jaff. s,�r syooa 401 ANDOVER 5TREET NORTH ANDOVER, MA 110 SUMMER STREET ,�� � � NORTH ANDOVER, 17A 01045 HA VERHILL, r'!A 0033O DATE OF AZZA6 HEARWG EXHIBIT B ELEVATION PLAN AND SIGN PERMIT FOR PREVIOUSLY APPROVED PR[MARY SIGN Appeal Memorandum—ZBA/Salem Five Bank pORTp1 S�AC144 TOWN OF NORTH ANDOVER SIGN PERMIT DATE May 25, 2004 PERI4ET # 15-2004 This is to certify that John McGarry for Salem Five Cents Savings Bank has permission to erect a 2'-8" x 121 — 6" Wall Sign on/at 530 Turnpike Street Providing that the person accepting this permit shall in every respect conform to the terms of the application on file in this office, and to the provisions of the Codes and By-taws relating to the sign reg«lations of the Town of North Andover. Any violations of the Zoning Regulations regarding Section 6 of the Zoning By-law will void this permit. INTERIOR ILLUMINATED SIGNS ARE PROHIBITED o ` Inspector of Buildings Date Previously permitted sign for front of building willr f i Ver.z- } EXHIBIT C SITE PERMIT APPLICATION, SECONDARY SIGN LAYOUT DRAWING,AND SECONDARY SIGN SKETCH Appeal Memorandum—ZBA/Salem Five Bank Secondary Sign Layout Elevation Drawing Salem Five North Andover Logo Shown at 26.125"h x 186.229"w = 33.79 sq ft Y 3 104.5 wY : 41, 13.5 h % n r w r;y AREA OF SIGN e 33.79 sq ft SECONDARY SIGN SALEM FIVE NORTH ANDOVER SIGN SKETCH Salem-Five Bank 26.125 in 186.229 in SIZE: 186.229"w X 26.125"h AREA OF SIGN: 186.229" x 26.125" = 33.79 sq ft Represents 5% less than the total square footage of existing sign at front of building ( 35.69 sq ft. ) MATERIALS: 1/4" thick painted aluminum letters and graphics. COLORS: SalemFive PMS 294C; Star& Swoosh PMS 1300 Site Owner Pi Cv Truce 'T& hyi M ' eA'rr1 (16 tt applicant 530 �-� Site Address T�r� �� I���r SPC � Size of Proposed Sign /S' How attached: a Aainst the wall_ X O Iliumina4ion: a) Not illuminated ( ) U Hoof _ b) Internally illuminated c) Ground { ) Externally illuminated-&, _4E.5 -4 d) Other { ) foe �r �t�raP tq� � �c�_n c ap e rnrn1 1 t- Materials: Proposed Colors: Background_ tiIB_ 0 iL�( �r►y }',, Lettering flue + �e uou} wiu-h P 1st Border-- N/A 54ols -6- movn`f-I n� Reguirid. AttachMetits: Note: No permanentltemporary sign shall be erected, or enlarged until Photographs of building. an application on the appropriate form furnished by the Sign Officer has Material sample , been filed,with the Sign Officer containing.such Information including photographs, plans and scale drawings, as he may require, and a permit Color sample for such erection, alteration, or enlargement has been issued by him. Site or Plot Plan (Required for all free-standing signs) Such permit shall be Issued only If the Sign Officer determines that the Drawings of proposed sign sign complies or will comply with all applicable provisions of the By-Law. Dither, specify gown+i_n!i�raaw,,-i< 'Vill sign overhang any public road or walkway Yes ( ) No f Yes, Name of Agency who will provide liability insurance: %N INCOMPLETE APPLICATION WILL NOT BE ACCEPTED DA-VE FILED: SIG TUR Of APP L CANT ovis eci Jin- 8198 �f}it rl/4' � �fAal 7ei C -7 -7- 15 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( J Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listina REQUIREMENT: MGL 40A Section 11 states in part"Parties in ink as used in flys dv%Aer shallmeat the petitioner, abutters,owners of land directly appositeon any p Aft or private wey.and abutims to awm"wltiun three hundred(300)feet of the property lint of ft petitioner as they appear on tine rnost resent appliCliflo tax list,not withstanding that the Mand of any such angler is located in another dN or town,the planning b0a'd of the city or town,and the Planning board of every abutting ply or form." 3u tect Proper h- MAP PAR Page 1 of 2 L Name SSS 25 64 Pico Trust 530 Turnpike St.North Andover,MA 01845 Abutters Properties c/o John Mc Garry 401 Andover St,North Andover,MA 01845 Map Parcel Name Address 25 1 North Andover Crossroads 861 Turnpike St.North Andover,MA 01845 25 2 Andrew Vanneft 570 Turnpike St North Andover,MA 01845 25 45 Laurence Hines 179 Hillside Rd.North Andover,Me 01845 25 46 Robert Kent 171 Hillside Rd.North Andover,MA 01845 25 47 William Scapa 161 Hillside Rd.North Andover,MA 01845 25 48 James Cirame 151 Hillside Rd.North Andover,MA 01845 25 49 Rohlt Patel 137 Hillside Rd.Neta Andover,MA 01845 25 12 PLC Realty Trust 100 Great Meadow RD.Wethersfield CN 06109-0493 25 79 Exective Quarters 100 Andover By-Pass,North Andover,MA 01845 25 35 AIMCO c/o Deloitte&Touche LLC 5550 LSJ Freeway,Box 28 Dallas TX 75240 25 11-U30&31&33 Thomas Johnson 555 Turnpike St.U-31,North Andover,MA 01845 25 11-U32 Ortho Realty Trust 555 Turnpike St U-32,North Andover,MA 01845 25 11-U47A Al Torrisi 555 Turnpike St U-47A,North Andover,MA 01845 25 11-U41A Monemax RT 555 Turnpike St U41A,North Andover,MA 01845 25 11-1.142A Turner RT 555 Turnpike St.U42A,Nash Andover,MA 01845 25 11-43A&45A C A P RT 555 Turnpike St U43A,Nath Andover,MA 01845 25 11-U44A Adventure RT 555 Turnpike St U44A,North Andover,MA 01845 25 11-U51A William Bourassa 555 Turnpike St USIA,North Andover,MA 01845 25 11-1-152 George Chaston 555 Turnpike St U52,North Andover,MA 01845 25 11-53A Emesto Lopez• 5%Turnpike St-U53A,North Andover,MA 01845 25 11-U54 PX Realty Trust 555 Turnpike St,UK North Andover,MA 01845 25 11-U56 Patti Richard 15 Mayflower Ln,Haverhill MA 01833 25 11-U55 Jean Abou-Ezzi 555 Turnpike St.U55,North Andover,MA 01845 25 71-U61&62 Frank Firicano 565 Turnpike St U61,North Andover,MA 01845 25 71-U64 Louis Rissin 565 Turnpike St U64,North Andover,MA 01845 25 71-U71A&71 B Rahman Family Tr 565 Turnpike St U71A,North Andover,MA 01845 25 71-U72 Mark Delorenao 565 Turnpike St U72,North Andover,MA 01845 25 71-U74 M&S Really LLC 565 Turnpike St U74,North Andover,MA 01845 25 71-U74/76/77 HMC Realty Tr 565 Turnpike St.U75,North Andover,MA 01845 25 71-U81 Gary Goldstein 565 Tumpike St U81,North Andover,MA 01845 25 71-U83/85/82B Andover Pulmonary RT 565 Turnpike St U83,North Andover,MA 01845 25 71-84 Electra Realty Trust 565 Tumpike St.U84,North Andover,MA 01845 25 71-U86 Barcole Realty Trust 565 Tumpike St U86,North Andover,MA 01845 25 71-U63A&B Frank Coppola 33 Brady Loop,Andover,MA 01810 25 71-U65A Mallard Realty Trust 565 Tumpike St U65A,Nath Andover,MA 01845 25 71-U6513 W&B Realty Trust 120 Woodland Rd.Hampton.NH 03842 25 71-1-182A PGA Realty Tr 565 Turnpike St.U82A, North Andover,MA 01845 25 71-U73 Maryufin LLC 565 Tumpike St U73,North Andover MA 01845 25 694U10111 M&B Realty Trust 575 Turnpike St U11.North Andover MA 01845 This certifies that the names appearing on the records of the lessor fftce as of /- - CAxtified Date / Page 2 of 2 MAP PARCEL Name Address 25 64 Pico Trust 530 Turnpike SL North Andover,MA 01845 Abutters Proverdes clo John Mc Gary 401 Andover St,North Andover,MA 01845 Map Parcel Name Address 25 69-012 Royce Realty Trust 575 Turnpike St U12,Horth Andover,MA 01845 25 69-014/16/17 Kendal Spraddm 575 Tumpike SL U14,North Andover,MA 01845 25 69-U21 Teresa Burtofff 575 Turnpike SL U21A,North Andover,MA 01845 25 69-U22A/24A Michael Cogjian 575 Turnpike SL U22A,North Andover,MA 01845 25 69-023 Ja-Ton Realty Trust 853 Turnpike SL#241,North Andover,MA 01845 25 69-U25A Turnpike Really Trust 116 Bradford St North Andover,MA 01845 25 69-U26/28A Ober Family Trust 7350 Main St Boxdvrd MA 01921 25 69-027 P&Y Realty Trust 575 Turnpike SL U27,North Andover,MA 01845 25 69-U15A Franat Realty Trust 575 Tumpike SL U15A,North Andover,MA 01845 25 69-15B M&B Realty Trust 575 Turnpike SL U15B North Andover,MA 01845 This certifies that the names appearing on the records of the Office as of Certified by Date FINDING WAGE 4 of 4 9_ WRITTEN DOCUMENTATION Application for a Firming must be supported by a legibly written or typed memorandum setting forth in detail all *10 C. *Feabures To Be Mcluded On Plan: arts relied upon. When requesting a finding from the requirements of MGIA ch.40A,and the North Andovr 1) SM Orientation shay include: Zoning By-laws, all dimensional requkernents shall be 1. north pant clearly identified and factually supported_ Each Point. 2 zoning district(s) A-C individually,is required to be alddl'essW with 3. names of sheets this application- 4- wedands(id 8) 5- abutliet's of property,within 300'radius A_ The particular use proposed for the land or 6. locations of bWdings on a*-AMt ProPOrtieS structure. va un 50'from applicants proposed structure B_ Fact(s) relied upon to support a t=iring that the 7. deed MStrictiCIM easements, proposed extension or alter tion shall not be more n)U3gWW&Graphre : substantially detrimental than the exiling non- 1• Propiosed ftetures in solid lines&outlined in red conforming use. 2 Exmn9 fea0m to be realoved in dashed lines C_ Address all appropriate details of the Building 3- Graphic SG011435 Commissioner's denial. 4_ Date of Plan 5_ Title of Plan 6_ Names addresses and phone numbers of the applicant;omw or record,and designer or 10. PLAN OF LAND surveyor. Each application to the Zoning Board of Appeals shall be accompanied by the follo%Ang described plan. Pfans 10 D.WNW PfOjects roust be submitted with oris application to tate Tonin tiltlnor projects,such as decks,sheds~and garages Clerks Office and Z13A secretary at least thirty(30)days shall require only the plan information as inftated with prior to the public hearing before the Zoning Board of an.asteriisks(1. in some cases further information may appeals. be required A set of building elevation piers by a Registered Architect may be required wtm the application involves 11.APPLICATION FILING FEES new construction/conversion/and/or a proposed change in rise_ A Notification-fees:Applicant shall provide a check or money order to:`Town of North Andover- 1€} A. Major Projects #=-1760-4841'for the cod of first dans,certified, Major proyects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following pies in interest identified in MGLA ch.40A§11 on the wfiether existing or proposed: i 1)five or more parking spaces, spoicant shall supply first class postage stamps U)three(3)or more dwdling units, (may 37¢)x the#of parties of interest on the M 2000 square feet of building are& abutters list for the decision mailing. Major Projects shall require that in addition to the 10B& S. Mailing labels:Appiicarnt shall provide four(4) C features, pians must show Wiled utilities,soils,and sets of mailing labels no large'Ow Vx2-518"(3 copies topographic information. for the Legal mailing and one copy for the Decision :nailing). �10_ B. *Plan Specifications: C. Administrative fee of$50.00 per application. 1) Size of plan: Ten(10)paper copies of a plan sotto exceed 11"x17",ptefered scale of 1"=40' Ili)One(1)Mylar. L11) Plan prepared by a Registered Professional Engineer and/or Land Surveyor,with a block for five(5)ZBA signatures and date indicated on the Mylar. Town of North Andover °f N°D Office of the Zoning Board of Appeals �? Community Development and Services Division re * O y 400 Osgood Street North Andover,Massachusetts 01845 ss�c►a►s D.Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Legal Notice North Andover, Board of Appeals - r_ Notice is hereby given that the Board of Appeals will hold a public hearing in the top floor meeting room of the Town Hall, 120 Main Street,North Andover,MA on Tues6y ; the 11`"of January, 2005 at 7:30 PM to all parties interested in the appeal of Salem We Cents Savings Bank, 210 Essex Street, Salem, MA 01970, for premises at: 530 Turnpike Street,North Andover requesting a Finding under Section 10, Paragraph 10.4 and Section 6, Paragraph 6.6.D.lof the Zoning Bylaw from the Building Inspector's denial of a sign permit. Said premise affected is property with frontage on the Northeast side of Turnpike Street within the GB zoning district. Plans are available for review at the office of the Building Department,400 Osgood Street,North Andover,MA Monday through Friday from the hours of 8:30AM to 4:30PM By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle Tribune on December 27,2004&January 3 2005. Legalnotice 2004-036. M25P64. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood Street D.Robert Nicetta North Andover,Massachusetts 01845tr " Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 January 10,2004 TO. Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 r_ 47: Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the grartutg of a Finding _ for property located at: STREET. 5-"-----Tila Street MAP: 25 PARCEL: 64 TOWN: Nrte h Andover TO MEETING DATE(S): FehruKy 8 2005 NAME OF PETITIONER:_ Salem Five Cents Saving Bank Signed: I - P over(or petitioner's representative)John T.Smolak,Esq., `attorney for Salem Five Cents Savings Bank Beard o4eals 978-688-9541 Building 978-68&9545 C:.ansemtion 97R.Gti gj30 Henbb 978-W&7+40 Planning 978-68"535 JAN 7 �' 2005 BOARD Or APPEALS - Town of North Andover Planning Bo- r41 c�LR Application for Special Permit ;,?4 D O V E R 10 S Please type or print clearly. 11 . 1. Petitioner: /0V C Petitioner's Address: //0/ AIIQb LC % S Telephone number..' 2. Owners of the Land:'�/Dr✓ /��' Address:- yd/ z'zV z/C/2_ Number of...years of ownership: 3. Description of Proposed Project_6 0 0 97,24 � 4. Description of Premises: ZIP 6 —2� �.�/�'�� Q01/ ;' %" ✓1 r�. � R OY,� ['FEST L9P le' .t)/d Alto W- S. Address of Property Being Affected L�3© i(10. Zoning Distract: Assessors: Map: Lot# to Registry of Deeds: Book#: Page 6. Existing Lot: Lot Area(Sq.Ft) O BuildingHeight 7� Street Frontage: Side Setbacks:_ r Front Setback: G Rear Setback: Floor Area Ratio: Lot-Coverage'— Proposed ot"Coverage:Proposed Lot(if applicable): _ Lot Area (Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 8. Required Lot(as required by Zoning Bylaw): Lot Area(Sq. Ft) A)15;000 Building Height V6 Street Frontage: /d t Side Setbacks: d Front Setback: Rear Setback �26 Floor Area Ratio: /V/q Lot Coverage: �5D 9. Existing Building(if applicable): Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. x &V0 Height: c�:2�' Use ,'Z�/e- - /�� jL Type of Construction��Lp ' 10. Proposed Building: Ground Floor(Sq.Ft.) / aQ #of Floors: Total Sq.Ft. _ Height.' Use: dLr-- /C'� /6ZA-%L Type of Construction ,�, Z-OC,C 11. Has there been a previous application for a Special Permit from the Planning Board on these premises? If so,when and for what type of construction? 12. Section of Zoning Bylaw that Special Permit Is Being Requested 13. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board 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 Planning Office 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 the Planning Board Rales and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: Owner's Signature: Print or type name here: M. Please list title of plans and documents you will be attaching to this application. TOWN OF NORTH ANDOVER PLANNING DEPA,M •At„ L 1' �i Fk 1-1'!A TO �N CLERK Parties of Interest/Abutters List ` PTH / NDC`/E R REQUIREMENT: MGL 40A Section 11 states in part: "Parties in IntereXQ Qd 45 thR I S I chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred(300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town,the planning board of the city or town, and the planning board of every abutting city or town." APPLICANT'S PROPERTY, list by map, parcel, name and address. (Please print clearly or type and use BLACK ink.) MAP/PARCEL NAME ADDRESS A57 l `--7-)oo %PUsT s�&o ABUTTERS' PROPERTIES MAP/PARCEL NAME ADDRESS AL l .:?S -Z'E1069,5 Z-��41,Z-"Y �i`�D J60 CLOD z0 zwAmgl 'z�; V,/, ARE F s �IU�UI � �c�,n, �iymA y .�o�> -��// s��E . J/�tir,�rr�� /2T"A,10 /7//�� s7ao�r� R/�rurr�v MR Diff /79�`//4,1S14e--ZLA-e &AaLa,-"/yi O�PX�� Ai/GfAST Oe /IV,9/C; ?/?,1,Oz Z70G'/Y/T. 0,Ci14Y,✓61 HIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFFICE BY: DATE: �7� SIG TURE /STAMP PAGE: / OF Certified by /� Boa f Asses o Andove TOWN OF NORTH ANDOVER PLANNING DEPARTMENT Parties of Interest/Abutters List REQUIREMENT: MGL 40A Section 11 states in part: "Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred(300) feet of the property line of the petitioner as they appear on the most recent applicable tax list,notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." APPLICANT'S PROPERTY, list by map, parcel, name and address. (Please print clearly or type and use BLACK ink.) MAP /PARCEL NAME ADDRESS / i 'd TG�Sl ABUTTERS' PROPERTIES MAP/PARCEL NAME ADDRESS / / / / / / / / / HIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFFICE BY: DATE: a SIGNATURE/STAMP PAGE: �_OF c O ified by D Date bl y�o2 Boar f assess N Andov