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HomeMy WebLinkAboutMiscellaneous - 980 OSGOOD STREET Town of North Andover o< NoRTM Office of the Zoning Board of Appeals Community Development and Services Division t 27 Charles Street North Andover,Massachusetts 01845 'ss�c►iusEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover Middle School, 495 Main Street,North Andover, MA on Tuesday the 14th of October, 2003 at 7:30 PM to all parties interested in the appeal of Mutual Oil Company, Inc., 863 Crescent Street, P.O. Box 250, Brockton,MA 02303-0250, for premises at: 980 Osgood Street,North Andover, MA requesting a Special Permit from Section 6, Paragraph 6.5 of the Zoning By-law prohibiting internally lit signs. The said premise affected is property with frontage on the South side of Salem Street within the I-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on September 29& October 6, 2003. Legalnotice 2003-036 M74P5 � 7 r" W Board of Appeals 978-688-9541 Buildirig 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning978-688-9535 Ir Town of North Andover ,, %O RT. Office of the Zoning Board of Appeals �? Community Development and Services Division 27 Charles Street 4" " °Are* North Andover,Massachusetts 01.845 'ss�c►iusEs D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 980 Os ood Street NAME: Mutual Oil Company,Inc.,863 Crescent HEARING(S): 10-14&11-18,2003, Street,P.O.Box 250,Brockton,MA &2-10,2004 02303-0250 ADDRESS: for premises at: 980 Osgood Street PETITION: 2003-036 North Andover,MA 01845 TYPING DATE: 2/12/04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,the 10ffi of February 2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover upon the application of Mutual Oil Company,Inc., 863 Crescent Street,P.O. Box 250,Brockton,MA 02303-0250,for premises at:980 Osgood Street,North Andover, MA requesting a Special Permit from Section 6,Paragraph 6.5 of the Zoning By-law prohibiting internally lit signs. The said premise affected is property with frontage on the West side of Osgood Street within the I-1 zoning district.The legal notice was published in the Eagle Tribune on September 29&October 6,2003. The following members were present: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E.Smith,and Richard J.Byers. Upon a motion by Joseph D.LaGrasse and 2 d by Richard J.Byers,the Board voted to GRANT a Special Permit from Section 6,Paragraph 6.5 in order to replace an existing identification sign with a new Shell identification sign and reduce the sign area of the Dunkin'Donuts and Holland's Flowers identification signs in the free-standing ground sign,per Site Plan for ID Sign Location,owner John Ferreira,project location 980/982 Osgood Street,North Andover,Massachusetts, date 2/5/04 by Winslow M. Spofford,RL.S.,#23406,Bertin Engineering Associates,Inc.,39 Elm Street,Southbridge, MA 01550,on the following conditions: 1. The 980/982 Osgood Street signs will conform to the provisions of 038-97 for sign areas. 2. The 980/982 Osgood Street signs will conform to the provisions of 038-97 for exterior illumination,only. Voting in favor: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E.Smith,and Richard J.Byers. The Board finds that the applicant's Site Plan for ID Sign Location dated 2/5/04 conforms to the dimensions and exterior illumination,only specifications described in the Nath Andover Zoning Board of Appeals decision 038-97 for 982 Osgood Street Dunkin'Donuts and satisfies the provisions of Section 6,Paragraph 6.5 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Page I of 2 CD rte;' G Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 97")88-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover NO o Office of the Zoning Board of Appeals ? •`�' °°� Community Development and Services Division 27 Charles Street ;RA too „���• North Andover,Massachusetts 01845 C►�usEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner 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 Board of Appeals, Walter F. Soule,Acting Chairman Decision 2003-036. M74P5. 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 Dec 17 03 03: 54p Michael F. Loin 508-721-0080 p. 2 Dec 17 03 04:35p NORTH RNDOVER i b79G89954e p.2 Town of North Andover Office of the Zoning Board of A ppeals o• '; � Community Development and Services Division • V 29 Charles Street Noah Andover,Wssac useus DI84 Ji D.Robert Nicetta . Telephone(978)688-9541 Building Cortuarlssioner Pax (978)658-9542 Date 9 7 2,00 To , Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive etre time constraints for the North `� �- Andover Zoning Board of Appeals to make a decision regardi ng the grunting of a V. Special Permit Comprehensive Permit(40Dr Finding for property located at: STREET: U122 TOWN: � lhdtl fie C TO'MEETING DATE(S): q ti(.l of h c � NAME OF PETtTJ bA Signed: UG- Petitioner(o itioneei;rqpresentaO e) WAlvnt 9oard of Appal+978-699-9341 Building 978698-"45 COr 100978-588.9530 11=1697349"540 PIWIing 97&688-9335 Z• Town of North Andover o t&� h or Office of the Zoning Board of Appeals '° 6 Community Development and Services Division « _ it T w 27 Charles Street North Andover,Massachusetts 01845 4- - CHusf` D. Robert Nicetta Telephone(978)688-95, Building Commissioner Fax (978)6889E Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 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 granting of a Variance Comprehensive Permit (40B) Finding - for property located at: r STREET: 1 I U, TOWN: &I L e r TO MEETING DATE(S): e r NAME OF PETITIONER: i4t4 ( i' cc+ T: Signed: Petitioner(or 6titjer's represen ve) WAIVER Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 "� 7S Town of forth Andover F ,FORTH _ Ots-eo. 69~O Office of the Zoning Board of Appeals F= Community Development and Services Division 27 Charles Street 0wwitD� . North Andover, Massachusetts 01845 9Ss�tc►+usE� D. Robert nicetta Telephone (978)688-95, Building Commissioner Fax (978) 688-9E Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 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 granting of a Variance Pecial Permit- Comprehensive ermit � Comprehensive Permit (40B/ Finding for property located at: STREET: C60 0 !;4'resd TOWN: � 0 X e.,,-- TO MEETING DATE(S): �I� JQ — (-� NAME OF PETITIO R: wL� Signed: etitioner or titio is representative) WAIVER 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 SPECIAL PERMIT! ZONING BOARD OF APPEALS- y Y PROCEDURE 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 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 for publication in the newspaper. The petitioner is be submitted thirty(30) days not later than noon notified that the legdl notice has been-prep, ared and the prior to the first public hearing.., Failure to submit :cost of the Party iii 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 bythe 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 show 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 fort to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information as required in items 1 through and including 11'shali be STEP 9: DECISION: completed. After the hearing, a,copy of the Board's decision will be - sent to all parties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision may be mane 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 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 ars!the Building Department Office. - STEP 5: LIST OF PARTIES IN INTEREST: Oriee the petitioner submits all of the required information,the petitioner requests from the Assessors Office a certified list of.Parties in interestbutters (o ) -U CD M y .7 co n .y k IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office J PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT ft North ANDOVER ZONING BOARD OF APPEALS -------------Y 1. Petitioner: Name, address and telephone number: U TU Ls L o t L-, Co. ;r=tic- &(.3 CKS c r"-r S T&t-lr— R 0, R a x Z So Tet. • Sas - 583 - 5777 Ek-T. 431 Bft0C'kA0N tAk oz3o3 - 0ZS' '> *The petitioner shalt 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: �o6N FF v,rz_E t KA - RSoyScoon STnefj ooJEx Mk, Years Owned Land: S qS Z8 kits) 3. Location of Property: a. Street: R So o S 4oyo ST(c,E'T Zoning District Z- 1 WATr^sNF� b. Assessors: Nap number 14 Lot Number. S c. Registry of Deeds: Book Number 15,0 Page Number 311 L By-Law Sections under which the petition for the Special Pwn*is made. S�G'Tlary � — SL4nJS i,,l� � lCiN LIGreTINS �s, 4.4T1 ��S defer to the Permit Denial and Zoning By4-aw Plan Review as supplied by the Bwkk g Commissioner: Describe the Special Permit rte: FhIST►ntS Sfrt.vicr S Wrlo - Cow ER.Sko" Fo-ovA -TVxAGo To Sr►€Lc. AAI- pRoPOSf4 woW'l- is CoSVV�ERC' CTf)c AGO) w W a F ►Cf'P(.AC Wlo W ITN Waw 'Z. D. SIGN CSkE�c.�• Ert enooTeo USE S SAr,nr AS V-N) S-rii&K c, rE -TK>`rne" w ii" RE- .� ToTw- of- 34. 44 S. lr VL€pve'r�oN I N (3v IzA>>.,G �w,dJ F2€t:S`rdrvD►>V� 1 Q 1 SL41vA4� i he above description shall be used for the purpose of the legal notice and decision• A more detailed description is quired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application f©r a SPECIAL PERMIT u. �." �` sa `�` .�mt'g' '�" ..tx• max« ��.� kgs§p.:gra .v 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 b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontaaa Parking Minimum Lot set Back Sq. Ft. Sq. Ft, Coverage Feet Spaces Front Side A Side B Rear % o� G Required Lot: (As required by Zoning By- Lot Area Open Space Percent Lot Frontage asking * Minimum Lot set Back• Sq. Ft Sq.Ft_ Coverage Feet paces Front Side A Side B Rear o� 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 unfs in building. B Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Flows Sq.feet Building* of Units z' f *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature(sy 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 iegal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules d Regulations may result in a dismissal by the Zoning Board of this applicationas incomplete. Si nature Type above names here il` 'Cr C46t_ F. I-01 i'_1 m emr PAGE 4 OF 4 Application for a SP E C IAL 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 relied upon. This is required in the case A, Sive Orientation shall include: of a Special Permit when the following points, based on 1. North MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law point 2. zoning district (s) and P 9.2 Special Permit Granting Authority shall be clearly identified and factual 3: names of streets 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 land or structure. 50'from applicants proposed structure 2. The specific site is an a 7. deed restrictions,easements appropriate location for such B. Legend&Graphic Aids: use, structure or condition. 1 , 3. There will be no nuisance or serious hazard to Proposed features in solid lines&outlined in red vehicles or pedestrians. 2. Existing features to be removed in dashed lines 1, 4. Adequate and appropriate facilities wilt be provided for 3. c Scales the proper proposed use. 4. D of Plan p pe operation of the 5. Ti le of Plan 5. The use is in harmony with the purpose and intent of 6. Names addresses and phone numbers of the the zoning by-law. 6. Specific reference and response to the criteria appilica►t, owner of record, and designer or required by the particular s surveyor. pedal permit for which this application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal IIAa requirements). I Projects shall require that in addition to the above features, pians must show detailed utilities, soils, and 10. Plan of Land topograpW Worrnation. A set of building elevation and interior of building plans will be required when the Each application to the Zoning Board of Appeals shall be appy involves new construction/conversion and/or a accompanied by the following described plan. Plans must proposed change in use. Elevation pians for minor be submitted with this application to the Town Clerk's projects bw*K ing decks,sheds,&garages shall be Office and ZBA secretary at least thirty(30)days prior to included witl►a side view depicted on the plot plan, the public hearing before the Zoning Board of Appeals. which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES projects are those which involve one of the folktwing A. Natif�gion Fees-Applicant is to send by certified ' whether existing or proposed:a)five or more parking spaces, b)three or more dwelling units,and mad aN tlgal notices to all abutters,and then 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 (appropriate current postage)for require only the plan information as indicated with mating of decisions to all parties of interest as identified in MGLA ch. 40A in sec. 11 as listed on the asterisks (*) In some cases further information may be application. ZBA Secretary will compute number of ,,equired. stamps. B. Applicant is to supply one(t)set of addressed 10 B. Plan Specifications: labels of abutters to ZBA Secretary who vAN mail i) Size of plan. Ten (10)copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per application. >) 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. TOWN OF NORTH ANDOVER, LIST OF PARTIES OF INTEREST: PAGE / OF SUBJECT PROPERTY MAP PAR # NAME ADDRESS ,Xe i91'R 4 9" 4S m®v cS7l ABUTTERS: 90% O. D 40• OaIS[. .3S cr /mD Certified by -- �� Board of a or N rth lover CERT. BY : DATE: Town ofort N h Andover, Zoning Board of Appeals Parties of Interest/Abutters Listing 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?pity or town." Applicant's property,list by map, parcel,name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE OF MEMORANDUM The following is the written documentation responses to Item 9. for the SPECIAL PERMIT application pertaining to 980 Osgood Street. 1. The proposed use of the property is to remain the some(service station). As stated previously in this application the proposed use is a service station conversion from Texaco to Shell. 2. Since the proposed use is the same as the existing use one can only conclude that this is an appropriate location for the service station conversion. 3. Since there is no existing nuisance or serious hazard to vehicles or pedestrians on can only conclude there will be no proposed nuisance or serious hazard to vehicles or pedestrians due to no change in use. 4. Since there are existing adequate and appropriate facilities for the proper operation of the existing use one can only conclude that there will be adequate and appropriate facilities for the proper operation of the proposed use due to no change in use. 5. The proposed use is in harmony with the I-1 Watershed District since there will be no proposed excavation or alteration to building square footage. 6. A special permit is required for the alteration of the existing signs in accordance with Section 6, Signs and Sign Lighting Regulations. t F a� x � r m, Y � - z � e u c �t Y • �. �' •' _ F r S", VOR EE L . �'*I. z