Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 490 MAIN STREET
' 40RTif - Ot�,�ao OL " RECEIVED JOYCE BRADSHAW �•,r.o.�`� TOWN CLERK �JsACHUS t NORTH ANDOVER - NORTH ANDOVER OEC 20 P Z= 21 OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER,MASSACHUSETTS 01845 FAX(978)688-9542 Addendum to odition 037-99 December 15,1999 The Board at its December 14, 1999 meeting addressed the intent of its decision of October 10, 1999 in regard to petition 037-99(Salvatore N.&Nicholas A Lupoli,petitioners)per remand of the Massachusetts Land Court,miscellaneous case no. 260078,dated November 17, 1999. The Board's re-examination of evidence,presented at the September 14,and October 13, 1999 public hearings,found the following: 1. A ground sign is allowed per North Andover Zoning Bylaw, Section 6 paragraph 6.6-D.2 on the premises of 476 Main Street in the General Business Zoning District. 2. The Board finds the lot is of a particular shape. Two sides form a 60-degree angle with the third being"L"shaped, The total lot is a distorted triangle,and fronts on four different streets(Main Street,Chickening Road,Park St.,and Allen St.). 3. The least violation,of Section 6 of the Zoning Bylaw would be to locate the sign in the NorthEast comer(Chickering Road and Park Street)of the lot. 4. A previous petition(006-97)to allow a deviation from the parking bylaw Section 8,paragraph 2, prevented the sign from being placed on the lot without further reducing the parking availability or creating a safety hazard,within the parking area 5. The setback from Chickering Road of 10 feet per section 6 paragraph 6.6-A.6 bylaw could be properly made. 6. The setback from Park Street of 10 feet per section 6,paragraph 6.6A.6 could not be properly made without modifying previous petition(006-97). 7. The Town sidewalk on the Park Street side of the lot is a greater width than the normal Town sidewalk as such it will not interfere with the inter-section. 8. The sign would not be more incongruous than the existing signs within the district and will not be injurious to traffic and safety conditions there in. Therefore,a motion made by Raymond vivenzio and 2'd by Walter F. Soule,the Board,per the above findings,voted to allow a dimensional relief of 4 feet setback from the Park Street side to allow a ground sign to be located on the property. All other regulations of Section 6(Sign bylaw)shall be compiled with. In accordance with the plan of land by: TFM Civil Engineers,Land Surveyors. Hans-Georg A Mertsch, Jr.#33941,dated: 10/8/99. Voting in favor: William J. Sullivan,Walter F.Soule,Raymond Vivenzio, Robert Ford,Scott Karpinski. By order of of Appeals, W —jSv Chairman an, it Mllsal'sacwndum BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 AORTN RECEIVED JOYCE BRADSHAW TOWN CLERK , 13S1CHUgQt NORTH ANDOVER NORTH ANDOVER OFFICE OF OCT 18 P Z= 55 THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER,MASSACHUSETTS 01845 Any appeal shall be filed FAX(978)688-9542 within(20)days after the date of filing of this notice NOTICE OF DECISION Properly at:476 Main Street NAME Salvatore N.&Nicholas A Lupoli DATE: 10/13/99 ADDRESS: residence: 12 Essex Street,Andover, MA PETITION:037-99-- for premises at:476 Main Street North Andover, MA 01845 HEARING: 10/12199 The Board of Appeals held a regular meeting on Tuesday evening, October 12, 1999 upon the application of Salvatore N.&Nicholas A Lupoll,residence at: 12 Essex Street,Andover, MA,for property located at:476 Main Street, North Andover,MA. Petitioner is requesting a Variance from the requirements of Section 6, Paragraph 6.6A.6&6.6D.2 for relief of a front setback for ground sign to be located on the property. Premises is in the G-B zoning District. The following members were present William J. Sullivan, Walter F.Soule, Raymond Vivenzio, Robert Ford, Scott Karpinski. Upon a motion made by Raymond Vivenzio and 2nd by Waiter F.Soule the Board voted to GRANT a variance of a 4' setback from the Parts Street side to allow a ground sign to be located on the property. All other regulations of Section 6(Sign bylaw)shall be complied with. In accordance with the plan of land by:TFM Civil Engineers,Land Surveyors, Hans-Georg A. Mertsch,Jr.#33941,dated: 10/8/99. Voting in favor: William J. Sullivan,Walter F.Soule, Raymond Vivenzio, Robert Ford,Scott Karpinski. VARIANCE: The Board finds that the petitioner has satisfied-the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building Permit as the applicant must abide by all applicable local,state and federal and building codes and regulations,prior to the issuance of a building permit as requested by the Building Commission By order of the Zoning Board of Appeals ml/1999decision/46 William J.S livan, Chairman - BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 RECEIVED JOYC9* BRA'DSHAW r Received by Town Clerk: TOWN CLERK NORTH ANDOVER i -TTS TOWN OF ?� � ,=��DQ4v�;�'S-assAc�-�.sl✓ BOARD OF APPEALS :A.PPLICATION FOR RELIEF FROM TI-IE ZONING ORD1NACE Salvatore N. Lupoli & .Pplicant Nicholas A T upol address c/o Robert W. Lavoie, Esq. , 12 Essex Street, Andover, MA 01810 Tel. No. 978-475-9100 1. Applicant is hereby made: a) For a variance from the requirements of Section 6 Paragraph 6.6 D and Paragauh 6.6.A.6 and Table 9 of the Zoning Bylaws. b) For a Special Pe:nnit under Section Paragraph- c,I aragraphof the Zoning Bvlaws C) As a Party for review of a decision made by the Building Inspector or other authority. _. a) Pre: ises affected are land and build' numbered 476 Main Strut. b) P7e7jses affected area property with &ontage on the North ( ) South ( ) Fast ( ) West ( ) side of Main Strut. C) Pre.,.ises aliected are in Zoning District GB and the -re:,-ses a5ec,ed have an arca o f 14,649 square feet and &onta.:e ot: 60.51 feet. Ovvnership: .41 a) dame and address of owner (if joint ownership. give all names): Salvatore N Lupoli and Nicholas A Lupoli Date of Purchase 7/18/91 Previous Ovvne: DiCari b) 1. If applicant is not owner, check his/her interest in prermses: N/A owner Prosaective Purchaser Lessee Other ?. Le ter of authorization for V ariancelSpecial Peiut required of 8 E� *N/A: Per #6, Relief is for a Proposed 4'X6' Ground Sign, 8 Feet in height t be located on the roe t line. 4. Site of proposed building: * g `tont; prop feef deep; Height stories: feet. a) Approte date of erection b) Occupancy or use of each floor: C) Tvc-e of construction Has there been a previous appeal, under zoning, em on these prises? Yes When 3/97 0006-97) 6. Description of relief sought on this petition See Additional Sheet 6A 7. Deed recorded in the Registry of Deeds in Book tio. 3286Pace 26 Land Cour` Cer:iicate No. Book Pave The principal points upon which 1 base my application are as fotlows: (must be stated in detail) See Additional Sheet I agree to pay the fling fee. advertising in newspaper. and incidental expenses* SAlvatore N. Lupoli and Nicholas A. Lupoli by Robert W. Lavoie, Attorney for Petitioner Signature of Petitioner (s} 6 of8 tit WORK SHEET DESCRIPTION OF VARIANCE P.E-QUESTED ZON'2,IG DISTRICT: GB (General Busineps) required Setback Existinz Setbac!: Re!it or .trea or- Area Re:;uesLed Lot Dime kion Area N/A S fret, Fro mane N/A Front Setback (s) io , +, o Zo Sidi Setback (s) N/A Rear Setback (s) N/A Special Pe.,nit Request_ % o(3 TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP PAR #1 NAME ADDRESS 71 25 ISalvatore N. Lupo i 4 Forest Street, Chelmsford, MA 01824 ABUTTERS: NicHoTaS A. Lupoll 1171 26 jDorothy E. Arsenault, Trustee P.O. Box 290, Dallas, TX 75221 c/o Mobil Administrative Service 2 71 24 Barry A. Brodette 26 Allen Street, North Andover, MA 01845 Rosemary J. Brodette 3 71 27 James J. Nassar 57 Old Village Lane, North Andover, MA 0 4 71 30 Rita S. Minicucci JZZ Main Street, Northover, MA Ot845 5 71 38 Local Union 2321 Building Corp. 483 Chickering Road, North over, 14A 0 6 71 44 Rita S. Minicucci 522 Main Street, North Andover$ MA U1845 7 71 43 Warren F. Kelley 41 Park Street, North Andover, MA 01845 Josephine Kelley 81 71 39 IMary Cushing 524 Main Street, North Andover, MA 01845 9 71 28 Keven M. FennessyPark Street, North Andover, MA 01845 ancy S. Fennessy 10 71 41 Veterns of Foreign Wars NA Post 2104 32 ParkStreet, or n ove , MA 01845 Building Corporation, Inc. 11 71 33 Essex Realty Trust 231 Sutton Street, North Andover, MA 01 5 Louis P. Minicucci, Jr. , Trustee 12 71 3 George H. Schruender 73 Chickering oa , North Andover, MA 01 13 71 2 Robert A. Dionne 6 Allen Street, North Andover, MA 0184.) Frances M. Dionne 14 71 12 Thomas G. Regan 39 Franklin Street, North Andover, MA 01 Suzanne F. Regan 15 57 7 Michael Pietrowski 460 Main Street, North Andover, MA 01845 Kimberly A. Pietrows i 16 57 8 jArthur W. Shedd 470 Main Street, North over, NA U184-5 Marjorie J. Shedd 17 57 13 Town of North Andover 120 Main Street, North Andover, MA U1645 181 57 17 Town of North Andover 120 Main Street, North Andover, mA 0184-5 191 57 22 Town of North ndover 120 Main Street, North Andover, MA 01847- THIS CERTIFIES ONLY THAT ON THIS LIST OF NAMES&ADDRESSES OF PARTIES OF INTE T AS PREP ED 6Y AP PLl ANT FROM THE RECORDS OF THE ASSESSORS OFFICE. ASSE OFFIC TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PACS OF SUBJECT PROPERTY MAP I PAR#I NAME ADDRESS ABUTTERS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 THIS CERTIFIES ONLY THAT ON THIS LIST OF NAMES&ADDRESSES OF PARTIES OF INTEREST WAS PREPARED BY THE APPPLICANT FROM THE RECORDS OF THE ASSESSORS OFFICE. ASSESSORS OFFICE ADDITIONAL SHEET 6A DESCRIPTION OF RELIEF SOUGHT ON THIS PETITION Petitioner seeks a variance under Section 6, Paragraph 6.6.1) and Paragraph 6.6.A.6. to allow one Ground Sign measuring 4 feet by 6 feet(24 square feet)at a height not to exceed 8 feet,to be located closer than 10 feet from the Property Lines, namely at the lot line at Chickering Road resulting in a zero (0) foot setback. G:\REAL-EST\ZONING\addsht6a7a.doc r ADDITIONAL SHEET 7A REASONS FOR APPLICATION Petitioner was granted previous zoning relief(Decision No. 006-97 granted in March, 1997) so as to reconfigure two nonconforming structures on a nonconforming, pre-existing lot. Petitioner indicated the location of the proposed sign on the Zoning Plans,but apparently did not specify the request for variance necessary to locate the proposed Ground Sign at the Property Line,rather than being setback 10 feet from the Property Line. The Petitioner applied for and received Planning Board Site Plan Review (See attached"As Built Plan"submitted in connection therewith). The Planning Board Plan clearly shows the proposed sign location, which Site Plan was approved by the Planning Board. The North Andover Police Department has reviewed the proposed Ground Sign, and has no objection to its proposed location at the Property Line. G:\REAL,EST\ZONING\addsht6a7a.doc RICHARD M. STANLEY 566 Main Street f Chicf of Police No.Andover,MA 01845 Sy Telephone:(508) 683-3168 POLICE DEPARTMENT t NORTH 1 O A K mss^CNU � TOCHIEF STANLEY PAGE 1 OF 1 FROM: OFF. THOMAS F. DRISCOLL -tb, DATE: 4/26/99 SUBJECT.-NEW SIGN AT SALS PIZZA DEAR CHIEF, THIS LETTER IS 'A FOLLOW UP TO OUR CONVERSATION ON 4/22/99 INREGARDS TO ANEW SIGN AT SAL"S PIZZA. I SPOKE TO THE OWNER, SAL LUPOLI AND TO SGT SOUCY.. ABOUT' THE REQUEST. I ALSO TOURED THE SITE TO SEE EXACTLY -WERE-THE--SIGN WOULD GO. AT THIS TIME ,THERE ARE NO PROBLEMS WITH "'THE PROPOSEDLOCATIONOR THE COLOR SCHEME OF THE SIGN. EVERYTHING APPEARS TO BE IN ORDER. RESPECTFULLY OFF. T. DRISCOLL II N.A.P.D.rORM 90-35 a Sal's Just Pizza 490 Main St. N. Andover,MA 01845 4/21/1999 Chief Stanley, I'm writing you a letter to ask your permission for me toplace a freestanding sign on route 125 in front of my parking lot. I was asked by the building department to get your O.K. The sign is constructed of wood and follows all the sign codes. Enclosed are what the sign looks like and the location of the sign. If you could address this matter at your earliest convenience,I would greatly appreciate it. Please call me if you have and problems. Thank you, Salvatore Lupoli Sal's Just Pizza Z a lu A nip ..l r.. Q ' lu M 0 0CO CO 00 W U_ ,L a r 0LL ? 1 ' I , TOWN OF NORTH ANDOVER O` "0Rr" ti p O uM � 4. OFrICE OF w CONIMUNITY DEVELOPMENT AND SERVICES �<H -3 willisrt J. Scott Dirccwr _i STi�1 :�i r,='C 1'173) 03:;-9;_� - NOR"i I���1L��VE?._ t✓1;=.35�1�iiti�i:i�3(1I S!: REQUIREMENTSAND DIRECTIONS OF THE ZONDG BOARD OF APPEALS FOR FILING APPLICATION FOR THE FOLLOtiy'TNG: VARIANCES AND SPECIAL PERMITS PARTY AGGRIEVED (. Every application Cor action by the Board shall be made on a foriii accroval by the Board. These forms shall be ftz-,�ished by the Administrative Secretary upon request. Any communication shall be treated as mere notice of intention to seek relief uricii such time as it is made on the oEcial application forrri. All iido=nation called for by the form shall be titrishe•d by the applicant in the manner therein prescriced. ?. O`i E (1) Orimnal and ten (10) copies of the application with a certified abutters list Erom the Assessors otEce. (Certified abutters list must accompany application.) ;. Ten (111) copies of the site plan- and one mylsr. The mylar shall be stamped by a Registered Land Survevor or a Civil Eng>i_nttr (with discipline). The signature box shall have live LLnes for sianatur"s. The mylar and decision are to be recorded with the Regiszr- of Deets are:sig=ned approval from the Zonlrl° Board of :^.pDealS. A copy of recording w"Ltl accompany a v building peinlis a0pucation according to ',M.G.L. Chapter 4010, Section 1-'.. The fee for pubiis'tung the legal notice will be pal I for by the petitioner when he!she delivers the legal notice to the newspaper. The legal notice shall be published twice. one wee, apart in a local newspaper, 5. A copy of the legal notice must be sent to all abutters, by Zoning Board of Appeals Secretary,via mail 14 days prior to the public hearing. The petitioner will be responsible and billed for postage incurred relative to mailing of the legal notice and the decision. The petitioner is required to supply two sets 4address labels of all abutters per the abutters list. 6. Check made out to the Town of North Andover for$25.00 for application filing fee and fee for cost of postage which is required at the time the application is submitted. (ZBA Secretary will itemize the cost for postage). 1 of 8 7. Tl, Town Clerk may date stamp the application only"after the application is initialed and reviewed by a representative of the ZBA and/or Building Dept. 3. The petitioner or their agent or a legal representative must attend the public hearing. 9. : riv application L':volvil a State lughways. such as Route I 14, Route 1_'f. etc., Must have a copy of site plans subrured to tL\,Lr. She—,=Eidelman (or his successor) at the ivL-� Dept. of Public Won"-.5 Wor:s, District '. ;19 Aepleton St., Arlington. NLAL 0217=' at least one wee!c before the scheduled rr_eeting. PLAN OF LAND TO ACCOyCPANY PETITION Each application and petition to the Board shall be accompanied by the following described plan: The site of the plan small be I F X 17, drawn to scale, 1 inch equals -:0 feelt: it shall have a north point_ ries of streets, zoning districts, names and address of owners of properties within a minimum of 300 fee: of the subiect prose.-ty, property Lines and locution cat buildings on surrounding properties. The locution of buildings or use of the property where a variance is requested and distances from adjacent buildings and prope ty Lines shall be verified in the field and shown on the plan. The dimensions of the lot and the perceacace of the lot covered by the principal and accessory buildings and the required parking spaces shall be shov�-n. Entrances, exits. driveways. etc, tlhac are pezine^t to the grancing of the variance shall be shown. ,`..!1 proposed data shall be shown in red. Anv topographical feature of the.parcel of land relied upon for a variance, such as ledge. rock- peat, or natural condition of water, brook or river, shall be shown on the engineering plan. When a variance is requested to subdivide a parcel of land the dimensions and area of the suroundin<T lots may be taken trom the deed or lotting plan For comparison of the site of the lot in the neighborhood. noted on the plan as such. and marked -acproxinate''. The plan shall be signed and bear the seal of a reg__>istered land surveyor or civil engineer (with discipline). Any pians presented with the petition shall re.-Min a, " of the records of the board of Appeals. If living cu---,e-s are to be remodeled, or areas are to be conve:Led into dvzn2 auarters, in addition to the plot plan. ten (10) copies of the folloWing described plans shall be furnished. of 3 ? 1. N'floor plan of each floor on which remodeling is to be done or areas converted into living queers. 2. A floor plan showing the stairways, halls. doors opening into the halls. and exit doors of each floor or floors where no rc.ncdeling or conve:tu* by is to be done. 3. Tile plans and elevations shall show all existint_ work. All propose,-4 work shall be shown in red. The siie of each plan small be I I" `X 17" or 17" `s it shall be drati�;: to scale. V, Inch equals one loot. For petitions recuest�zg variance (s) Lrom the provisions of Section 7, Paragraphs 7.1, 7,2, 7.3 and 7. and Table 2 of the Zoning Bvlaw for convevance purposes only. a site pian. cer,L:I-d by a registered civil enginetr or land s'u,nyeyor (with discipline), of the parcel otlard with a structure thereon being conveyed, will be acceptable to the board of Appeals provided. 1. The dweag(s). structure(s), or building(s) were constructed prior to March 1-1. 1977. The petition is not to allow construction or alteration to the dwellint7(s), structures) or building(s) ,xhich will result in the need for the issuance of a building permit. 3. The site of the plan shall be not smaller than 11" X 17 it shall be dra«•r, to scale. I inch equals -10 tett. The existint7 area of the parcel. ftonma=e. and existing setbacks of the dweau(s). structures) or building(s) being conveyed must be designated. 1 -:. Proper space is to be provided on the site plans For the Board's sit7natures. as well as adequate space for the folloWu,g inlor,,anon: Date of f1iin--,, date of public hearing. a.nd date of approval. Show square footaTe of z dating dwellir.<(-), and shoe' square foota`t of proposed addition on the site plan. REQLZREML-\T - L--,-al Notification to abutters in conjunction with an applicants request for a hearu-i�z :..it before the Board of Appeals is an<absolute requirement. Lists of abutters on a var,ance or special pe are to be certified buy the Town Assessor, advertised and cleared through the Administrative Secreta:-v of the Board of Apctals, in due tirne, before the hearing date. (see note 41 of page FAILURE TO CONL°LY 1; ZTH THIS PROCEDURE IN= NOT ALLOW THE PETITION TO BE FLACED ON TIE ZONv11,G BOARD OF APPEALS AOEy-DA. 3 of 8 11 NOTES`. 1. Variance(s) lapse if not exercised in one (1) year tiom date of decision. The variance(s) must be recorded in the Re?istry of Deeds and a copy of same retuned to the Zoning Board of Appeals and the Budding Inspector. 1. a) �, one til;e extension ofsix months may be �rarted L aopiied for. before the one year a^���ve.sary date has expired. _. A Sceciai Pe:mit lapses if not exercised in t-wo (-) years. Ties Special Pe.;nit must be recorded in the Reaistr✓ of Deeds and a cope ofsame retuned Co the Zoning Board of Aepe^!s and the Building Inspector. 3. A!1 pla_rs and elevations presented with the petition shall remain a part of the records of the Board of A.opeals. 4. The last day to petition the Board of Appeal is onlor before noon time 40 days in advance of the Board meeting. Notice of a pubic hearing is required. Notice shall be given by publication in a local newspaper, once in each of two successive weeks. The first publication to be not less than fourteen days before the day of the hearing. Regular Board of Appeals meetings are the second Tuesday of each calendar month. 5. The Administrative Secretary's business hours are as follows: Monday 9:OOAM to 2.00 PM Tuesday 9:OOAM to 1:00 PM Wednesday 9:00 AM to 2:00 PM Thursday 9:00 AM to 2:OOPM Friday no business hours " 4 of 8 Just PIZZ Straight From Boston's North End - 9 7374 SAL?S F/z 2--A McTi®N /Mc. I .�0-dlwE/! L. O ST MA oj,07 '� ¢ ► 6 3 r c F waA4,rwsiIc vasoRY yc�a� 7,07-791- 70 f 8 i J ust Pizza Straight From Boston's North End 68907374 �r S4 L'S Pf Z 2-f{ EOC 7-o kl /Nc. . yY,OA74 -& S / ' 3 moo-ay L.owFlA ST Agdv v C-Af 04 W/LM IN6TO Nr m,+ &07 3 6 C F WaA `s w /C��O q y I ; 797-179,1 7 4 a 0 independant down light non—illuminated applied lettering ca0o t °a E wood posts grade SIGN ELEVATION SCALE: 1 /2" of NORTH o L p tr F 1 t1L�� JOYCE 8 0V TOWN CLE K NORTH ANDOVER ,SS^CNUS�t SEP ZZ I I C3 A41 ''J:b TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any appeal shall be filed within(20)days after the date of filing of this notice in the office of the Town Clerk. NOTICE OF DECISION PROPERTY: 490 Main St./476 Chickering Rd. a/k/a(Sal's Pizza NAME: James J. Nassar DATE: 9/10/98 ADDRESS: 57 Old Village Lane, No. Andover PETITION: 026-98 d/b/a 478 Chickering Rd., North Andover, MA HEARING: 8/11/98&9/8/98 The Board of Appeals held a regular meeting on Tuesday evening,September 8,1998 upon the application of James J.Nassar,Jr.,57 Old Village Lane,North Andover,d/b/a 478 Chickering Rd,as a party aggrieved for review of a decision/determination made by the Building Inspector,or other authority,dated June 15,1998,regarding Mass General Law Ch.40,s.7,for property located at 490 Main st./476 Chickering Rd.,North Andover. The following members were present:William J.Sullivan,Walter F.Soule,Raymond Vivenzio,John Pallone, Ellen McIntyre. The hearing was advertised in the Lawrence Tribune 7/28/98&8/4/98 and all abutters were notified by regular mail. Upon a motion made by Raymond Vivenzio,and seconded by John Pallone,the Board of Appeals unanimously voted to uphold the Building Commissioner's decision and DENY the petition of the party aggrieved based on the following. There is insufficient evidence of any violations:1. The building is a one story as constructed with a mansard roof,including false dormers,for esthetic purposes,to enclose the mechanical equipment,and as such is not in violation. This fact was verified by the Town Planner,by a site visit, on September 7,1998. 2. Eaves are covered by Section 7.3 of the North Andover Bylaw,under yard setbacks and the mansard roof as constructed is not in violation. 3. The change,in stairwell foundation,adjacent to petitioner's property line was authorized by the Town Planner,as a minor adjustment to site plan review process,and as such is not a violation. 4. The roof eaves,referred to in his brief by the petitioner's agent(State Building Code)Chapter 12,Section 13.4)does not apply. State Building Code,Chapter 12 pertains to interior environment-courtyards both inner or outer. 5. The roof eaves,referred to in his brief by petitioner's agent(State Building Code, Chapter 32,Section 03.3)does not apply. State Building Code,Chapter 32-pertains to public right of way. This section.03.3 is for eaves at least 12 feet above the curb level over a public right of way. The building as constructed has a side wall height of 10 feet,4 inches on private property. This building is not on the property line and as such does not overlap a public right of way and is not a violation. Voting in favor of the denial:William J.Sullivan,Wafter F.Soule,Raymond Vivenzio, John Pallone,Ellen McIntyre. BOARD OF AP aS , 4J 1 -� William J.Su rvan,Chairman Zoning Boarlof Appeals i decoct/9 Post-its Fax Note 7671 Date Pages► To �o From Co./Dept.` Co. / t Phone#6 f 2 0,!;-_ Phone# Fax#1 Fax# 11A%Z- 77 f NORTH O .tato ,a 1ti ? at •e �O 4 m RE. 'D JOYCE BkAG` y AW TOWN CLERK � o NORTH ANDOVER 3,SSgCHU � SE 1 3 AR TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any appeal shall be filed within QQ days after the date of filing of this notice in the office of the Town Clerk. NOTICE OF DECISION PROPERTY: 490 Main St./476 Chickering Rd. aWa(Sal's Pizza NAME: James J. Nassar DATE: 9/10/98 ADDRESS: 57 Old Village Lane, No.Andover PETITION: 026-98 d/b/a 478 Chickering Rd., North Andover, MA HEARING: 8/11/98&9/8198 The Board of Appeals held a regular meeting on Tuesday evening,September 8,1998 upon the appi'lcation of James J.Nassar,Jr.,57 Old Village Lane,North Andover,dlb/a 478 Chickering Rd,as a party aggrieved for review of a decision/determination made by the Building Inspector,or other authority,dated June 15,19%,regarding Mass General Law Ch.40,s.7,for property located at 490 Main st./475 Chickering Rd.,North Andover. The following members were present:William J.Sullivan,Waiter F.Soule,Raymond Vivenzio,John Pallone, Ellen McIntyre. The hearing was advertised in the Lawrence Tribune 7M/96&8/4198 and all abutters were notified by regular mail. Upon a motion made by Raymond Vivenzio,and seconded by John Pailone,the Board of Appeals unanimously voted to uphold the Building Commissioner's decision and DENY the petition of the party aggrieved used on the following. There is insufficient evidence of any violations:1. The building is a one story as constructed with a mansard roof,including false dormers,for esthetic purposes,to enclose the mechanical equipment,and as such is not in violation. This fact was verified by the Town Planner,by a site visit, on September 7,199B. 2. Eaves are covered by Section 7.3 of the North Andover Bylaw,under yard setbacks and the mansard roof as constructed is not in violation. 3. The change,in stairwell foundation,adjacent to petitioner's property time was authorized by the flown Planner,as a minor adjustment to site plan review process,and as such is not a violation. 4. The roof eaves,referred to in his brief by the petitioners agent(State Building Code)Chapter 12,Section 13.4)does not apply. State Building g Code,Chapter 12 pertains to interior environment-courtyards both inner or outer. 5. The roof eaves,referred to in his brief by petitioners agent(State Building Code, Chapter 32,Section 03.3)does not apply. State Building Code,Chapter 32-pertains to public right of way. This section.03.3 is for eaves at least 12 feet above the curb level over a public right of way. The building as constructedhas a side wall height of 10 feet,4 inches on private property. This building is not on the property line and as such does not overlap a public right of way and is not a violation. Voting in favor of the denial:William J.Sullivan,Walter F.Soule,Raymond lrvenzio, John Paltone,Ellen McIntyre. BOARD OF A 4V4 William J.Su roan,Chairman Zoning Boa of Appeals decoct/9 E + Joyn OP 11 DAVIS, MALM & Dt AGOSUNE � WR A PROFESSIONAL CORPORATION ND V E R ONE BOSTON PLACE BosToN,MAsSACBusms 02108-44705zr TELEPHONE:(617)367-2500 TELEcopm.(617)523-6215 Julian J.D'Agostine Alan L.Stanzler Robert J.Diettrich Writer's Direct Dial: (617)589-3829 C.Michael Malm Robert J.Galvin J.Gavin Cockfield Direct Telecopier:(617)305-3129 William F.Griffin,Jr. John D.Chambliss Andrew D.Myers email:hspeicher@dmdlaw.com Paul E.Levenson Carol R.Cohen Amy L.Fracassim' Robert C.Gerrard Howard P.Speicher Pamela B.Fleming" John G.Serino Paul L.Feldman G.Robert Schwandt John R.Berman Gary M.Feldman Ann M.Sobolewski Gary S.Matsko George A.Hewett Ingrid C.Schroffner Judith Ashton Thomas S.Fitzpatrick John T.Lynch Harold R.Davis, of Counsel 'admitted in New Hampshire only TM admitted in Connecticut only July 13, 1998 VIA OVERNIGHT MAIL Joyce A. Bradshaw, Town Clerk North Andover Municipal Building 120 Main Street North Andover, MA 01845 Re: Appeal to Board of Appeals of decision of Building Commissioner dated June 15, 1998 Dear Ms. Bradshaw: This is an appeal by James J.Nassar,of 57 Old Village Lane,North Andover,to the North Andover Zoning Board of Appeals of a decision of D.Robert Nicetta,Building Commissioner dated June 15, 1998,refusing to enforce the provisions of the North Andover Zoning By-law with respect to the construction project of Salvatore Lupoli now proceeding on the property at 490 Main Street, also known as 476 Chickering Road. (the "Lupoli property") This appeal is being filed with you pursuant to Massachusetts General Laws,chapter 40A, §8 and pursuant to Section 10.4 of the North Andover Zoning By-law(the`By-law"). In accordance with the By-law,ten copies are being filed along with the original. A check in the amount of$25.00 payable to the Town of North Andover for the required filing fee is also enclosed. Included with this notice of appeal are the following additional documents: 1. Application For Relief From The Zoning Ordinance; 2. Certified list of parties in interest, dated July 2, 1998, certified by Joan Fogarty; 3. Letter from Howard P. Speicher to D. Robert Nicetta, dated May 13, 1998, requesting enforcement of the By-law; Joyce A. Bradshaw, Town Clerk July 13, 1998 Page 2 4. Letter from D. Robert Nicetta to Davis, Malm & D'Agostine, P. C., dated June 2, 1998; 5. Letter from D. Robert Nicetta to Howard P. Speicher, dated June 15, 1998, denying request for enforcement of the By-law. Mr. Nassar is the owner of the property at the corner of Main Street and Chickering Road, which abuts the subject property of Salvatore Lupoli at 490 Main Street. The building now under construction on the Lupoli property is being constructed with the benefit of several variances from the By-law granted by the Board of Appeals by decisions dated November 26, 1996 and March 20, 1997, and with the benefit of site plan approval granted by the Planning Board by decision dated March 4, 1997. The building commissioner incorrectly concluded that the building is being constructed in compliance with the variances, with the approved site plan and with the By-law. Specific violations include the following: 1. There is an overhanging eave on the side of the building facing Mr. Nassar's property and another overhanging eave on the Main Street side of the building, both of which are not shown on the plans approved by the Planning Board as part of the site plan review process or on the plans approved by the Board of Appeals in connection with the variance granted to the owner. 2. There is an extension of the foundation on the side of the building facing Mr. Nassar's building that is not shown on the plans approved by the Planning Board as part of the site plan review process or on the plans approved by the Board of Appeals in connection with the variance granted to the owner. 3. The building, by the extension of the second floor facilitated by the unapproved eave on the east side of the building,encroaches further into the required setback than permitted by the variance granted by the Board of Appeals. 4. The unapproved extension of the foundation into the required setback violates the variance granted by the Board of Appeals and violates the dimensional requirements of the Zoning By-law. The decision of Mr.Nicetta,dated June 15, 1998,incorrectly concludes that these conditions do not violate the By-law, the variances or the site plan approval. Even if the extension of the overhanging eave and the extension of the foundation were not, on their own, violations of the setback requirements of the By-law, the building as constructed still violates the By-law, the variances granted and the site plan approval, since it represents changes from the plan as approved Joyce A. Bradshaw, Town Clerk July 13, 1998 Page 3 by the Board of Appeals and the Planning Board. Mr. Lupoli must, at a minimum, obtain a modification of the variances and the site plan approval before the building being constructed on the Lupoli property will be in compliance with the By-law. Please transmit this appeal to the Board of Appeal as required by Section 10.4 of the By-law, and please instruct the Board of Appeals to inform us of the date of the scheduled hearing as also required by the By-law. Please return a time-stamped the enclosed extra copy of this letter in the enclosed return envelope to acknowledge your receipt of this appeal. Thank you for your attention to this matter. Very truly yours, Howard P. Speicher cc: James J. Nassar J ASPEICHERWASSAMBRADSHAW.LT 1 RECE'sVE0 JOYCE BRAQ` !IAW TOWN CLERK NORTH ANOOYER AM '88 Received by Town Clerk: TOWN OF NORTH ANDOvER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE c/o Howarcl6P. Speicher, Esq. Applicant James J. Nassar, Jr. Address Davis, Nalm & D'Agostine, P.C. { Tel. No. One Boston P ace, 37th Floor Boston, NA 02108 1 . Application is hereby made: 617-367-2500 a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws . b) For a special Permit under Section Paragraph of the Zoning Bylaws. Mc) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a) Premises affected are land % and buildings) % numbered 490 Nain Street, 476 Chickerin Road Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) west ( ) side of Street. Street, and known as No. 490 Main Street, 476=Pickering Road Street. c) Premises affected are in Zoning District G-B , and the premises affected have an area of 10.667 square feet and frontage of 60.51 feet.on Chickering Road. Ip'3 . Ownership: a) Name and address of owner (if joint ownership, give all names) : Salvatore Lupoli, owner of subject property, 476 Chickering Road Date of Purchase Previous Owner b) I. It applicant is not owner, check his/hex interest in the pxem�ses: ; Prospective Purchaser Lessee Other 2 . Letter of authorization for Variance/Special Permit required. 4 , Size of proposed building: front; _ feet deep; Height stories; feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: 5 . Has there been a previous appeal, under zoning, on these premises? if so, when? " 6. Description of relief sought on this petition Appeal from June 15, 1998 decision of Building Commissioner (see attached) _ 7. Deed recorded in the Registry of Deeds in Book Page Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) See accompanying letter. I agree to pay the filing fee, advertising in newspaper, and incidental exo_ enses* oil Howard P. Speicher, Signat of Petitioner(s) Attorney for James J. Nassar DAVIs, MALM & Dt AGOSTM J 0 Y C E E,R A , ,'I"AW A Pitom oNAL Co$eotunoN TO Pa C L i'{K ONE BosmNPLAa NORTH AN00VER BOSTON,MAMAO SEM 021084470 Tu maoNe:(617)367-2500r Iy� S a 7� TFtbcotmtt:(617)523-6215 Julian J.D'Agostine Alan L.Stanzler Robert J.Diettrich Writer's Direct Dial: (617)589-3829 C.Michael Malm Robert J.Galvin J.Gavin Cockfield Direct Telecopier.(617)305-3129 William F.Griffin,Jr. John D.Chambliss Andrew D.Myers email:hspeicher@dmdlaw.com Paul E.Levenson Carol R.Cohen G.Robert Schwandt Robert C.Gerrard Howard P.Speicher Ann M.Sobolewski John G.Serino Paul L.Feldman Ingrid C.Schroffner John R.Berman Kevin F.Long r* Gary S.Matsko Gary M.Feldman Harold R.Davis, Judith Ashton George A.Hewett of Counsel John T.Lynch Thomas S.Fitzpatrick May 13, 1998 CERTIFIED MAIL, RETURN RECEIPT REQUESTED D. Robert Nicetta, Building Inspector North Andover Municipal Building 120 Main Street North Andover, MA 01845 Re: 490 Main Street/476 Chickering Road North Andover Dear Building Inspector Nicetta: This office represents James J.Nassar,Jr. Mr. Nassar is the owner of the property abutting the property of Salvatore Lupoli at 490 Main Street/476 Chickering Road. This letter is a request for enforcement of the North Andover Zoning By-law pursuant to Massachusetts General Laws chapter 40A, section 7. In accordance with section 7,you are required to respond to this request in writing within fourteen days of receipt. The building now under construction on Mr. Lupoli's property is being constructed in violation of the requirements of the variances granted by the Board of Appeals by decisions dated November 26, 1996 and March 20, 1997, in violation of the site plan approval granted by the Planning Board by decision dated March 4, 1997 and in violation of the provisions of the Zoning By-law. Specific violations include the following: 1. There is an overhanging eave on the side of the building facing Mr. Nassar's and another overhanging eave on the Main Street side of the building, both of which are not shown on the plans approved by the Planning Board as part of the site plan review process or on the plans approved by the Board of Appeals in connection with the variance granted to the owner. D. Robert Nicetta, Building Inspector May 13, 1998 Page 2 2. There is an extension of the foundation on the side of the building facing Mr. Nassar's building that is not shown on the plans approved by the Planning Board as part of the site plan review process or on the plans approved by the Board of Appeals in connection with the variance granted to the owner. R: 3. The building, by the extension of the second floor facilitated by the unapproved eave on the east side of the building, encroaches further into the required setback than permitted by the variance granted by the Board of Appeals. 4. The unapproved extension of the foundation into the required setback violates the variance granted by the Board of Appeals and violates the dimensional requirements of the Zoning By-law. We hereby request in accordance with Massachusetts General Laws chapter 40A, section 7, that you enforce the variances,site plan approval and Zoning By-law by issuing a stop-work order to Mr. Lupoli and instructing him that work may not proceed other than to correct the violations,and that if the violations are not corrected, informing him that no occupancy permit will be granted and that you will bring an appropriate legat action to have the violations removed. We look forward to your response within the statutorily required fourteen day period. Very truly yours, Howard P. peicher cc: James J. Nassar, Jr. JASPEICHERINASSARWICETTA LT1 JUL 02 '98 13:24 P.01 ,U TOWN OF NORTH ANDOVER TRK At+DOER UST OF PARTIES 4F INTHIM PAGE ...L_ Of .< suBJE'PWMIYr A [1RE8S MAP PAR# NAW NA Z poejFs 4 ABMUM' hoc-w� Pam a c2, r�5 OL f To ""3''��_,�"'�. .,•.,i^a`..�...—I� f'�•.`,u w ,��c"Zt-•.—�-.-.-...-1, �. � i[�r,+ra rL�a_x G,,..��� c�o vee �. I te , a . ..............:............ fA d i .... 71 7��c�li f G�Of1/l Jy l 1YC1� L -{1-X .. i ... Jo mog:l ,wr,� ", e4�`�•e. e�.� c7 �o �� � 4��-�s.. .:�.L+E..e.� ,.�5.:� :.... ... :..:.:.........i2 . .. _._. . ,._ ........._ ..,.....,..N.........., ............: 9 3 r evout, crz F•bee:4�^ tA.•+�'� src ove - �5.�e. (�8 a✓e 1 _ P e%t A ie,:F�Jll 4 ('........3., q.Q.�:..::;:.G►,:.ca`�:�r.:..K..c.`..,�,• .� ,.,. 1 ,•� .' '. a c�it��rt`u,,e�.r� 13{ �7( - - o g�z p t f D%ori+ ty�; fp P L{„E,,. S4-, • .. o_ ► a v �2 , Ytil 14 ..7(. 1: - '. hav+� ,5.._ ::G a„<::l :a ;e �✓ � � l9�rti,. :.,'+�!. �-.. . jJ. +:G. .ei�....., f!� .... 1$ o e&cZ L_c ve re 7 In c ( 16 7 Q��► � ........ .. Q .:..:.,.....� ,........... .. � _ � � lam,tl�t �...,:.....,��.r.•1W'4 r.. ��- �' .. :.� G4[ .. A-......... .... :.4:......:.:: err:.^..... ......... ry.����'V ��4 4—gir 7,0 CERT.BY DATE' O Town of North Andover AORTpf OFFICE OF C L o o �tia COMMUNITY DEVELOPMENT AND SER ` ' ,�� O CLE 30 School Street NORTH ANDOVER K ; ^ WILLIAM J. SCOTT North Andover,Massachusetts 0 185 IUL s '`�.;;;o_�r'y�ya Director 5 9SSgCNUs�� Date June 2, 1998 Davis, Malm & D'Agostine A Professional Corpporation One Boston Place Boston MA 02108-4470 Re: 490 Main St/476 Chickering Rd. To Whom It May Concern: We are in receipt of your complaint dated May 13, 1998 and have commenced an investigation of same. Please be advised that we will inform you of our findings as soon as we complete our investigation. Thank you, Yours truly D. Robert Nicetta, Building Commissioner N/j cc: William Scott, Dir., Community Dev. & Services BOARD OF APPEA1.S 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 t Town of North Andover ,,,v ` ,%ORTN OFFICE OF v v { r pt to to a 1 y COMMUNITY DEVELOPMENT AND SERWsi' Q 1tn CE ° A 146 Main Street North Andover Mass achusetts 01845 t WILLIAM J. SCOTT ,ssacHus�� Director June 15, 1998 Davis, Maim& D'Agostine Howard P. Speicher, Esq One Boston Place Boston MA 02108-4470 Re: 490 Main Street/476 Chickering Rd Dear Mr. Speicher: I am responding to your letter of May 13, 1998 requesting that I issue a stop work order for the on going construction of a building at 490 Main Street/476 Chickering Road. You have made your request pursuant to G.L.40A Sec. 7. For reasons described below, I am declining to issue a stop work order. Your letter describes certain alleged zoning violations based on your assumption that overhang eave (s)on the Main Street side and in the side of the building facing Mr. Nassar's property encroaches further into the required setback and violates the dimensional requirements of the Zoning By-law. In fact, Section 7.3 -yard setbacks states that minimum front, side, and rear setbacks shall be set forth in Table 2, except for eiaves and uncovered steps. As such, no variance was required for eave(s)setback. You also allege that the extension of the foundation one the side of the building facing Mr. Nassau's building was not approved by the Board of Appeals in connection with the variance granted by the Board of Appeals decision on Petition: 006-97, Dated March 20, 1998 which addresses this and all other variances as shown one the site plan and granted by the Board of Appeals. Plans on file in the Planning Department reveal that the building under construction is the same as approved by the site plan review process. If you have any further questions, please call my office. Very truly yours, D. Robert Nicetta, Enclosure Building Commissioner cc: W.J. Scott, Director, C. D. &S BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 6M9530 HEALTH 688-9540 PLANNING 688-9535 JOY 'Cr s : 1 ►' y(yyp NORTH ttlE° 6 "YO Op MAR � 0 ' I It SSACHUS�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk Property: 490 Main Street Salvatore Lupoli Date : March 20, 1997 476 Chickering Road Petition: 006-97 North Andover MA 01845 Date of Hearing: 3/11/97 The Board of Appeals held regular meeting on Tuesday evening, March 11, 1997 upon the petition of Salvatore Lupoli requesting a Variance under Section 7, Paragraph 7 . 1, 7 . 3, and Section 8, Paragraph 8 . 1, 8 . 4 and Table 2 of the Zoning By-Law seeking relief from the required lot dimension, number of parking spaces and size of parking spaces and , relief from the Screening and Landscaping requirements . The following members were present and voting: John Pallone, Raymond Vivenzio, Scott Karpinski, Joseph Faris, and Ellen McIntyre. The hearing was advertised in the Lawrence Eagle Tribune on February 25, and March 3, 1997 all abutter were notified by regular mail . Upon a motion by, Raymond Vivenzio seconded by Scott Karpinski the Board voted to Grant the Variance as follows : 1) Required area relief of 10, 667 square feet . 2) Front setback relief of 17 feet. 3) Side setback relief of 20 feet. 4) Rear setback relief of 5 . 1 feet. 5) Parking relief from 35 parking spaces to 27 parking spaces and seating capacity of 54 planned seating in the Pizza Shop. 6) Parking sizes relief from 10 ' x20 ' parking size to provide parking size space of 9 ' x181 . 7) Aisle width relief from 25 feet to 20 feet . 8) Screening and Landscaping minimum requirement of 6 feet to a range of 0 to 6 feet and a relief from the required 14 tree planting to 8 tree planting. Voting member were : Raymond Vivenzio, John Pallone, Scott Karpinski, Joseph Faris & Ellen McIntyre. Petioner has satisfied the provisions of Section 10, Paragraph 10 . 4 of � s Upon a motion by Walter Soule and seconded by Scott Karpinski the Board voted unanimously to GRANT the applicant a six month extension for the Variance . Voting members were William Sullivan, Walter Soule, Scott Karpinski and Ellen McIntyre The petitioner has satisfied the provisions of Section 10, Paragraph 10 . 4 of the Zoning Bylaw and that the granting of these variance and special permit will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. BOARD OF APPEALS, William Sullivan, Chairman (yam 1 RECEIVED JOYCE BRADSHAW TOWCLERK NORNANDOVE THR a, NcnrH 1 �,. i tiaL MAR ZD 12 30 PM '97 i SSACHUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any Appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk Property: 490 Main Street Salvatore Lupoli Date : March 20, 1997 476 Chickering Road 2etition: 006-97 North Andover MA 01845 Date of Hearing: 3/11/97 The Board of Appeals held regular meeting on Tuesday evening, March 11 , 1997 upon the petition of Salvatore Lupoli requesting a Variance under Section 7, Paragraph 7 . 1, 7 . 3, and Section 8, Paragraph 8 . 1, 8 . 4 and Table 2 of the Zoning By-Law seeking relief from the required lot dimension, number of parking spaces and size of parking spaces and relief from the Screening and Landscaping requirements . The following members were present and voting: John Pallone, Raymond Vivenzio, Scott Karpinski, Joseph Faris, and Ellen McIntyre . The hearing was advertised in the Lawrence Eagle Tribune on February 25, and March 3, 1997 all abutter were notified by regular mail . Upon a motion by, Raymond Vivenzio seconded by Scott Karpinski the Board voted to Grant the Variance as follows : 1 ) Required area relief of 10, 667 square feet . 2 ) Front setback relief of 17 feet . 3 ) Side setback relief of 20 feet . 4 ) Rear setback relief of 5 . 1 feet . 5 ) Parking relief from 35 parking spaces to 27 parking spaces and seating capacity of 54 planned seating in the Pizza Shop . 6) Parking sizes relief from 101x20 ' parking size to provide parking size space of 9 ' x18 ' . 7 ) Aisle width relief from 25 feet to 20 feet . 8 ) Screening and Landscaping minimum requirement of 6 feet to a range of 0 to 6 feet and a relief from the required 14 tree planting to 8 tree planting . Voting member were : Raymond Vivenzio, John Pallone, Scott Kar^inski, Joseph Faris & Ellen McIntyre . Petitioner has satisfied the provisions of Section 10, Paragraph 10 . 4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood o derogate r from the intent and purpose of the Zoning By ., law. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. William Sullivan, Chrani man ,R. t CB CR r JOTOWN CLERKAW NORTH ANDOVER ,,'t. �°�tio 0 MAR 20 12 30 PM 197 VL :_.: ... .: p . . ,SSACHus�t�y TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk Property: 490 Main Street Salvatore Lupoli Date: March 20, 1997 476 Chickering Road Petition: 006-97 North Andover MA 01845 Date of Hearin L. 3/11/97 The Board of Appeals held regular meeting on Tuesday evening, March 11, 1997 upon the petition of Salvatore Lupoli requesting a Variance under Section 7, Paragraph 7 . 1, 7 .3, and Section 8, Paragraph 8 . 1, 8 . 4 and Table 2 of the Zoning By-Law seeking relief from the required lot dimension, number of parking spaces and size of parking spaces and relief from the Screening and Landscaping requirements . The following members werepresent and voting: John Pallone, Raymond Vivenzio, Scott Karpinski, Joseph Faris, and Ellen McIntyre. The hearing was advertised in the Lawrence Eagle Tribune on February 25, and March 3, 1997 all abutter were notified by regular mail . Upon a motion by, Raymond Vivenzio seconded by Scott Karpinski the Board voted to Grant the Variance as follows : 1) Required area relief of 10, 667 square feet. 2) Front setback relief of 17 feet. 3) Side setback relief of 20 feet. 4) Rear setback relief of 5 . 1 feet . 5) Parking relief from 35 parking spaces to 27 parking spaces and seating capacity of 54 planned seating in the Pizza Shop. 6) Parking sizes relief from 101x20 ' parking size to provide parking size space of 9 ' x18 ' . 7) Aisle width relief from 25 feet to 20 feet. 8) Screening and Landscaping minimum requirement of 6 feet to a range of 0 to 6 feet and a relief from the required 14 tree planting to 8 tree planting. Voting member were : Raymond Vivenzio, John Pallone, Scott Karpinski, Joseph Faris & Ellen McIntyre. Petioner has satisfied the provisions of Section 10, Paragraph 10 . 4 of f Paragraph 10 . 4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning By law. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. William Sullivan, Chairman Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street " North Andover,Massachusetts 01845 c WILLIAM J. SCOTT ssqC '37 Director NOTICE OF DECISION Any appeal shall be filled within (20) days after the Cl date of filling this Notice in the Office of the Town ;K rn Clerk. ► Date March 4, 1997 Date of Hearin 12/3/96, 12/17/96,1/7/97 1/21/97, 2/18/97 Petition of Sal's Just Pizza Premises affected Intersection of Main Street, Park Street, Chickering Road in the G-B Zoning District Referring to the above petition fora special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 so as to allow to construct a one story 2300 SF building to be used as a restaurant at the intersection of Main Street, Park Street, and Chickering Road After a public hearing given on the above date,the Planning Board voted to APPROVE the Special Permit based upon the following conditions: Signed CC: Director of Public Works Joseph V. Mahoney, Chairman Building Inspector Natural Resource/Land Use Planner Richard Rowen, Vice Chairman Health Sanitarian Assessors Alison Lescarbeau, Clerk Police Chief Fire Chief Richard Nardelia Applicant Engineer John Simons File Interested Parties Planning Board BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover of %ORT" OFFICE OF 3� 4` 0 COMMUNITY DEVELOPMENT AND SERVICES to 146 Main Street North Andover,Massachusetts 01845 9 »A,:o WILLIAM J. SCOTT 97SgcHUS�� Director March 7, 1997 Ms . Joyce Bradshaw Town Clerk 120 Main Street No . Andover, MA 01845 Re : Site Plan Review/476 Chickering Road (Sal' s Pizza) Dear Ms . Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, December 3, 1996 at 7 : 30 p.m. in the Senior Center behind the Town Building, upon the application of Salvatore Lupoli for Sal' s - Just - Pizza, 29 North Broadway, Salem, NH 03079 requesting a special permit under Section 8 . 3 Site Plan Review of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on November 13 and November 20, 1996 and all parties of interest were duly notified. The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and John Simons . The petitioner was requesting a special permit to allow for the construction of a (1) one story 2300 sq. ft. building to be used as a restauraunt at the intersection of Main Street, Park Street and Chickering Road in the General Business District . Ms . Lescarbeau read the legal notice to open the public hearing. Jeffrey Brem the engineer, was present to represent Sal' s Pizza at the intersection of Chickering Road & Main Street . They would like to tear down the existing Sal' s Pizza and the barber shop near the middle school, to construct a new Sal' s Pizza. The building' s combined now have a total of 19 parking spaces and 3, 000 sq. ft . They would like to retain one building to maintain operation. Sal received a variance from the Zoning Board of Appeals . The newly constructed building would be 2, 300 sq. ft . and have 28 parking spaces . There will be catch basins on site currently the storm water simply drains into the street . The 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 _CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 traffic circulation will be better. They will have a mansard roof, with dormers . The building will have brick face and columns in the front . The entrance will be on Park Street . The sign will be on Rt . 125. The dumpsite will be screened with the same material as the building. Ms . Lescarbeau stated that the business would now change from mostly the take-out business to having customers sitting in and eating in the building. Mr. Lupoli stated that currently they have about 15-20 seats and will go to the maximum of 56 seats and wanted to separate dining in from take-out . Rosemary Burdett an abutter is concerned about the high level of traffic and about customers that will park on the street in front of their house to get to Sal' s . Ms . Colwell suggested that the one way entrance and exit should be reversed to allow an entrance from Park Street and an exit on Main Street to allow cars to turn onto Rt . 125 at the lights . The Board discussed the possibility of connecting the two lots and eliminating one of the access points on Park Street . Mr . Simons was concerned about what kind of material the building consisted off . Mr. Brem stated that is was made of brick and the roof would have architect shingles . The public hearing was continued to the December 17, 1996 meeting. The North Andover Planning Board held a regular meeting on December 17, 1996 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and John Simons . Jeff Brem was present representing Sal' s Pizza. Mr. Brem stated that the issue at the last meeting was to change the exit and entrances so that the vehicles would enter on Park Street and they would exit onto Main Street so they would have the lights to make traffic a little better . Mr . Brem agreed to that . Mr. Mahoney stated that he drove by the Salem, NH Sal' s Pizza to see how the building was set up. Mr. Mahoney thought that looked very nice . Mr. Mahoney questioned why they could not connect the two parking lots . 2 Mr. Nardella asked where the sign was going to be put and where the dumpster was going to be put . Mr. Brem stated that the sign is going to be put in the parking lot on Main Street and the dumpster is going to be put behind the building were it is now. Mr. Nardella had concerns about the parking and the number of seats in the building. Mr. Brem stated that they have 28 parking spaces and that makes about 56 seats inside for customers . Ms . Lescarbeau asked what the dimensions of the building were going to be . Mr . Brem stated that they were 461 x 50' Mr. Rowen suggested that they extend the sidewalk out to the street and that they need to landscape on the Main Street side. Mr. Nardella asked what kind of use the basement would have . Mr. Brem stated that it would only be used for storage . Mr. Simons asked what color and what style of brick was going to be used on the building. Mr. Brem stated that it was going to be red, square brick. On a motion by Mr . Rowen, seconded by Ms . Lescarbeau the Board voted unanimously to close the Public Hearing, The North Andover Planning Board held a regular meeting on January 7, 1997 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and Richard Nardella, John Simons, Kathleen Bradley Colwell, Town Planner was also present . Ms . Colwell stated that the plan must be revised to eliminate parking spaces currently in the right of way of Park and Main Streets . The parking lot entrance and exit must be reversed to allow an entrance on Park Street and an exit on Main Street . A test pit must also be dug in the location of the drywell to determine groundwater level . Mr. Simon stated that he is against the project and that the building does not have the right orientation. It should relate to the adjacent building as it is a highly visible corner in town. On a motion by Mr. Rowen, seconded by Ms . Lescarbeau, the Board voted as follows : Mr . Rowen yes Mr. Nardella no Mr. Mahoney yes Ms . Lescarbeau yes 3 Mr. Simon no Mr. Angles did not vote as he is an associate member and the full Board was present . Mr. Nardella was concerned about traffic and the two parking lots . They should be connected. As a special permit for site plan review requires a vote of four members the motion to approve the special permit failed. The North Andover Planning Board held a regular meeting on January 21, 1997 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella, John Simons and Kathleen Bradley Colwell, Town Planner was also present . Mr. Nardella stated that after the denial at the last meeting Ms . Colwell got Mr. Nardella, Mr. Scott and Sal together to discuss the outstanding issues . Mr. Nardella stated that they were not aware that some town officials had reviewed the plans that the Board denied. Mr . Lupoli brought 2 new plans better than the old one. On one plan Mr. Lupoli showed combined entrance ways to have one access way but with less parking spaces . On the second plan Mr. Lupoli stated that they might have some problems with the engineering with this plan and was not in favor of this plan. Mr. Simon asked if there were any changes to the outside of the building. Mr. Lupoli stated that there were no changes . On a motion as a dissenting member by Mr. Nardella, seconded by Mr. Rowen the Board voted unanimously to reconsider the previous vote . Ms . Colwell suggested that they put an entrance on the street the building is facing. Mr. Nardella thought that the building would be better served with wooden columns . Mr. Lupoli stated that would be no problem. Mr. Nardella stated that they would need to landscape the property. Ms . Colwell stated that they would need a set of revised plans and come back before the Board and Ms . Colwell will have a draft decision available . Ms . Colwell stated that to reopen a public hearing we need to put a legal notice in the paper. 4 Mr. Rowen stated that he would like to see a revised plan with the landscape and trees . The Board continued their discussion to the next meeting when plans will be available for review. The North Andover Planning Board held a regular meeting on February 18, 1997 . The following members were present: Joseph V. Mahoney, Chairman, Alison Lescarbeau, Clerk, Richard Rowen, Vice Chairman, Richard Nardella and John Simons . Sal Lupoli was present representing Sal' s Pizza. At the last meeting there are some changes that some members of the Board wanted Mr . Lupoli to make . He changed columns from brick to wood. He also faced the building on Main Street to accent the store . There is a sidewalk that comes out onto Main Street with picnic tables out front . There is going to be a dumpster on the side of the building enclosed with a brick wall . There are going to be wood signs with lights facing them to accent the building. Mr. Simons stated that he thought the planned signage was an overkill . Mr. Nardella stated that as long as it is in accordance with the Bylaw he has no problem. Mr. Simons suggested that the 3 parts on the sign should be combined and it will pull it in together. Mr. Simons also stated that he would like to see a picture of the light fixtures . Mr. Nardella expressed the thought that construction during the school' s summer vacation would be helpful, and it would not affect the nearby Middle School . Mr. Lupoli stated that he was planning on putting up a fence around the property during construction to keep children from getting injured. On a motion by Mr. Nardella, seconded by Ms . Lescarbeau the Board voted unanimously to close the Public Hearing. The Board instructed Ms . Colwell to have a draft decision for the next meeting. The North Andover Planning Board held a regular meeting on March 4, 1997 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman and Alberto Angles, Associate Member. Alison Lescarbeau, Clerk and John Simons . Kathleen Bradley Colwell, Town Planner was also present . 5 Sal' s Pizza - site plan review The Board continued its discussion of the decision. Sal Lupoli was present to represent Sal' s Pizza. Sal spoke with Bob Nicetta, building inspector, about bringing the wording on the signs closer together so it would not look like 9 signs but 3 . At the last meeting Mr. Simons stated that he would like to know what kind of lights they will be using and Mr. Lupoli stated that they were bronze colonial light fixtures . Ms . Colwell received a letter from Chief Dolan stating that the dumpster had to be moved because there is so much paper waste be disposed of and it would be a fire hazard. Mr. Lupoli stated that he had a couple of ideas for the trash disposals . Mr. Lupoli stated that he could get (2) 60 gallon tote barrels and put them out every morning and have waste management pick it up every day or they could move the dumpster to another spot . The Board agreed that Ms . Colwell can work out the trash issue with Mr. Lupoli and the Fire Chief. On a motion by Mr. Simons, seconded by Mr. Rowen the Board voted unanimously to reconsider its decision. On a motion by Mr. Simons, seconded by Mr. Rowen the Board voted unanimously approve the Site Plan Review as amended. Attached are the conditions . Sincerely, r J Joseph V. Mahoney, Chai ` n North Andover Planning Board 6 476 Chickering Road(Sails Just Pizza) Site Plan Review- Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 2,350 SF commercial building located in the General Business Zoning District at the intersection of Main Street,Park Street and Chickering Road. This Special Permit was requested by Salvatore Lupoli for Sal's Just Pizza, 29 N. Broadway, Salem,NH 03079 on November 5, 1996. The Planning Board makes the following findings as required by the Zoning Bylaw Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located on land that is zoned for business and will replace an existing commercial structure. 2. The use, as developed, will not adversely affect the neighborhood as there is an existing commercial structure on the site. 3. There will be no nuisance or serious hazard to vehicles or pedestrians as there is a reduction in the number of curb cuts and the traffic will be directed through the parking lot via two entrances. 4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of the Zoning Bylaw with review by the Planning Board as varied by the Zoning Board of Appeals; 5. The site drainage system is designed in accordance with the Town Bylaw requirements subject to the conditions of this decision; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as fisted in Section 8.35 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to any work on site,the applicant shall adhere to the following: a) The applicant must receive a variance from the Zoning Board of Appeals authorizing construction of the site plan. b) The final plan must be reviewed and approved by the drainage consultant, DPW and 1 the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. c) The following issues must be resolved to the satisfaction of the drainage consultant, DPW and the Town Planner prior to the endorsement of the plan: i) The extent of grass and pavement must be clarified on the existing conditions plan. ii) The percent lot coverage value must be included on sheet 2 of 6 under General Notes. ill) Electric,telephone and cable t.v. etc. must be placed underground. iv) A dry well must be added to the plans to contain the roof drain storm water. A test pit must be dug at the dry well location to assure adequate soils exist and that sufficient clearance to ground water is available. d) Details of the proposed lighting must be submitted for review and approval by the Planning Board. e) The dumpster must be relocated on the plan per requirement of the Fire Chief and reviewed and approved by the Town Planner. If the applicant chooses to use garbage cans in lieu of a dumpster the location must be shown on the plan and reviewed and approved by the Town Planner. fj The sign lettering must be condensed in the middle of each sign and reviewed and approved by the Town Planner. g) A bond in the amount of ten thousand ($10,000) dollars shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. h) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. 2. The hours for construction must be limited to between the hours of 7:00 a.m. and 7:00 p.m.. Trucking of supplies and the use of heavy of equipment must also be restricted to these hours. Sunday and Holiday construction will not be permitted. These conditions are necessary due to the close proximity of the residential homes. 3. Prior to FORM U verification(Building Permit Issuance): a) Three(3)copies of the signed site plans must be delivered to the Planning Department. 2 b) This decision shall be recorded at the Essex North Registry of Deeds and a certified copy of the decision delivered to the Planning Staff. 4. Prior to verification of the Certificate of Occupancy: a) The applicant must submit a letter from the architect or engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) All artificial lighting used to illuminate the site shall be approved by the Planning Staff. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The site shall be reviewed by the Planning Staff. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. c) The building must have commercial fire sprinklers installed in accordance with the North Andover Fire Department. 5. Prior to the final release of security: a) The site shall be reviewed by the Planning Staff Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. b) A final as-built plan showing the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 6. Any stockpiling of materials(dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. 7. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 10. All catch basins shall be protected and maintained during construction with hay bales to prevent siltation into the drain lines. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 3 13. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 14. Any action by a Town Board, Commission, or Department which requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 15. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 16. This Special Permit approval shall be deemed to have lapsed after �c (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 17. The following information shall be deemed part of the decision: a) Plan entitled: Site Plan Set Sal's Just Pizza North Andover,Massachusetts Prepared for: Double N Inc. 29 North Broadway Salem,NH 03079 Dated: October 18, 1996, rev. January 28, 1997,February 11, 1997 Scale: 1"= 10' Prepared by: Meisner Brem Corporation 151 Main Street, Salem,NH 03079 Plan entitled: Preliminary Building Design Sal's N. Andover,MA Scale: 1/8"= 1" Date: 8 November 1996,Revised 26 November 1996, 15 February 1997 Prepared by: Warnick Associates,Inc. 163 Main Street Salem,New Hampshire,03079 Report entitled: Sal's Just Pizza N. Andover,Massachusetts Site Plan Application Report Date: October 23,1996 Prepared for: Double N Inc.. 29 North Broadway Salem,NH 03079 Prepared by: Meisner Brem Corporation 151 Main Street Salem,NH 03079 cc: Director of Public Works 4 r Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 476 Chickering Road-Site Plan Review 5 RECEIVED JOYCE BRADSHAW H AN TOWN NDOVER Received by Town Clerk: fEa ZQ 946 AH '97 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicarn 1rt t,(_ ] Addressol° 9 6&W1 IelVa D Tel. No. l0 3- Qy- 7,3 1 . Application is hereby made: a) For a variance from the requirements of Section Paragraph ./ . 9.yand Table o'2 of the Zoning Bylaws . b) For a special Permit under Section Paragraph of the Zoning Bylaws . c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a) Premises affected are land and building (s) X _ numbered X90, / 22Z, /2 C_��` Street . b) Premises affected are property with frontage on the North ( ) South (X) East ( ) West ( ) side of m aji a Street . , Street, and known as No. Street . c) Premises affected are in Zoning Districtand the premises affected have an area of ,ig 3� square feet and frontage of feet . 5 of 8 Rev. 06 . 03 . 96 3 . Ownership : a) Name and address of owner (if joint ownership, give all names) ii Date of Purchase / (9 Previous Owner b) 1 . If applicant is not owner, check his/her interest in the premises Prospective Purchaser Lessee Other 2 . Letter of authorization for Variance/Special Permit required. 4 . Size of proposed building: If front; �� • feet deep; Height stories; 493 - feet . a) Approximate date of erection: —ALI ) nnR b) Occupancy or use of each floor: tom/ z Zig J2 / �9 c) Type of construction: 1-1,�>lx l mto //-/"zC.�'� 5 . Has there been a previous appeal, under zoning, on these premises? s If so, when? 6k'7`.o?a? 1997 6 . Description of relief sought on this petition See. De s c r i' 'tiV A k;A K)C!r rd 9u end 7 . Deed recorded in ene Registry of Deeds in Book s Page��E Land Court Certificate No. Book -- Page — The principal points upon which I base my application_ are as follows : (must be stated in detail) fr r r Le n ba c I agree to pay the filing fee, advertising in newspaper, and incidental expenses* &AWAZ C� Signature of Petitioner (s) 6 of 8 Rev. 06 . 03 . 96 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT:- ( pr Cyhe S S Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension (V6Pj')jVCE C'►gnMted till 990) Area nap _t;..C. J Y,333 s.r. /1Z 14 Zs.�P Street Frontage Front Setback � 7 Side Setback(s) Ulf-nipzho-° 6ne)osed j,5- FT. �S f r. CX1110 Gr" Rear Setback J r7 C7W Ek V R P >a NC Sane*i Pemntit Request: g. ). 7 �gRKi`NCr- SiS : euired; JD�xa2o' ��ourded-' 9xi� �elief.'.Smal�erj 4ur"red� J6, Pfov4ed a©" Peh)ei Jwq;))er 7 of 8 Rev 06 . 03 . 96 , u t 1G e1e�:... -,'a M Cc crat10n rr titr. bUCU COSI , r. IST OF PARTIES OF INTEREST UBJECT PROPERTY ' _ �P PARCEL LOT NAiviE ADDRESS -1 t Z5 lvGt�or � v 1' �ri0 Main S�}. ove�- DUTTERS `. rk, ; ap PARCEL LOT jNAiviE ADDRESS 1 Z7 �` s` czr .4-T8 h;ckin N. A v 30 R i M' c 50 in S I And '' Y-1 Sk i 1 -71 I ver M A f �,�,• ,rex- j MA --t l Z-4 rr- A. F3 A c> r r `rt R b A. tai Alert � t 4 N. An er- S-7 Mt�l,. T Pier ws � S N, An over' , MA x 10/15/96 11:45 TX/RX NO.1649 P.002 V:! 167 iS�y� JON CLERK HN BRAD AW N0 ANDOVER Received by Town Clerk: fee 18 12 FY.191 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant! aIVA+wt GV 01; Address 2,1 0• b"oadwa.N t �a(cm, N.14. 0:a 0:3 Tel . No. 4o3 - D14 (P 1 . Application is hereby made : a) For a variance from the requirements of Section T1,1'3, ci Paragraph Sc $e4yor- and Table of the Zoning Bylaws . b) For a special Permit under Section Paragraph of the Zoning Bylaws . c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a) Premises affected are lan_�} and building (s) numbered � Z& /" ►eke-,r^I , Street . b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side of Street . Street, and known as No. 'nu i4l Street . 6e,r)Ir44 461 a 13 c) Premises affected are in Zoning Distand the rict premises affected have an area of / square feet and frontage of feet . �• 1 (,o-r A co_ — tn•n - 25,o00 Pro✓;c,(c.d C�Cic�S�tiw• to�� - 1 1,333 5.� Prt� ovti VQr�CiMCt. 5 rouvl+td w• i g a O $ 199(0 -Se- 7,3 Std-bcci4tS : r ; Fravi&A �x,s-h,�°� Grt�co ( wpol'• nMt Zsf S.o' -7.- c J.0 6-, s;u. 12.10.✓ ►�/p. "�/A NSA- �GmOI:�In.� 121 (�Nc.l ��►• S au,� �'v`ouily 9rp.►t�-c.d 2 .d $pates = S Pro,,; +u..d SpcLu.S = `'. P Vananct �.v 19S1►au� pr-.jSpd-a4 \1 b) P4v k v+o� DvvGvtS c Yy1 S a,�t zv' CIS I v� SPic_cc rcoM�n� 5 of 8 g.y. a� �' to Kas c•�c S1,r:p '�.-'� -fo o' Rev. 06 . 03 . 96 8.q.4 b) Tre-es Pru���d z: (o 3 . Ownership : a) Name and address of ownerif joint ownership, iv ( J p, g e all names) : 541 vA+we- Luyo Date of Purchase Joo(O Previous Owner b) 1 . If applicant is not owner, check his/her interest in the premises : Prospective Purchaser Lessee Other 2 . Letter of authorization for Variance/Special Permit required. 4 . Size of proposed building: front; 50 feet deep; Height ?. , stories; feet . a) Approximate date of erection: A" b) Occupancy or use of each floor: c) Type of construction: good Gic.Je, 5 . Has there been a previous appeal, under zoning, on these premises? 416 If so, when? 6 . Description of relief sought on this petition tI L 7 . Deed recor ed'in the Registry of Deeds in Book Page Land Court Certificate No. - HO Book III- Page ?3 The principal points upon which I base my application are as follows : (must be stated in detail) 4fMA � I OL%A OL itC , 1 Y 0 SSo r A. r m I agree to pay the filing fee, advertising in newspaper, and incidental expenses* l Signature of Petitioner (s) 6 of 8 Rev. 06 . 03 . 96 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: Ve. V S;ywtSS Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area 2S , vOG 5 � l `� �333 SF In�GG ? SF Street Frontage Front Setback Side Setback(s) 2S� S� ZQ� Rear Setback Special Permit Request: � ram� Vag Gti,vt c� lM 1`1`�a 7 of 8 Rev 06 . 03 . 96 e . sner rem orporatior rr ivy, �UCo ��oJ( r, IST OF PARTIES OF INTEREST UBJECT PROPERTY �P PARCEL LOT NAME 1AIDDRESS ! ZS lvct�or Lv 1 4C)O wain S ./V%o6ver o u TT E�S 1PARCEL LOT INAME AOGRESS I Z� 3 czr .4-78 n N. A 3 o i= ; Nt z: 50n in S AncloY i -7 1 1 244 < < ! f �^ i�!' _-7t -d4 3 W r n F, eI! I `7 t I 3 t.._QS�1 V�n� �n 23Z 1 1 �•83 Glr.;ck�r;,r�ct - `7 ! Z4. rr A• F3 peri , M X E p r ------------- S-7 t 3 z' r N. An er- M. T. W, AnCLOVeVr MA ez- 'r �L/ly 10/15/96 .11:45 TX/RX N0. 1649 P.002 7 / T