HomeMy WebLinkAboutMiscellaneous - 530 TURNPIKE STREET Town of North Andover of NORTit
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street '� .• — •''`
North Andover,Massachusetts 01845 'sswc►+us�
c� l� J U. t6
D.Io6rt tRtl ceF'ta Telephone 978 688-9541
I
BuildingCommissioner Fax(978)688-9542
Any appeal shall be filed Notice of Decision
within(20)days after the Year 2003
date of filing of this notice
in the office of the Town Clerk. Pro erty at: 510-530 Turnpike Street—Corrected Copy
NAME: John F.McGarry,401 Andover Street, HEARING(S): February 11,2003
Trustee for Pico Trust
ADDRESS: for premises at: 510-530 Turnpike Street PETITION: 2003-007
North Andover,MA 01845 TYPING DATE:February 18,2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at
7:30 PM upon the application of John F.McGarry,401 Andover Street,trustee for Pico Trust,
for premises at:510-530 Turnpike Street,North Andover requesting a Variance from Section 8,
Paragraph 8.1(7), for relief from the requirements of off-street parking;and Table 2,footnote 1
from requirements of a street buffer zone for property with frontage on the Northeast side of
Turnpike Street within the GB zoning district.
The following members were present: Walter F. Soule,Robert P.Ford,Ellen P.McIntyre,and
George M.Earley. John M.Pallone recused himself.
Upon a motion by Robert P.Ford and 2nd by Elle P.McIntyre,the Board voted to GRANT the
Variance for relief from Section 8,Paragraph 8.1(7)of 11.5'width for the one way driveway on
the southeast side of 530 Turnpike Street,and from Table 2,Footnote I of 39.5' for a landscape
buffer to match the setback on adjacent properties per Parking Plan of Property located at:510&
530 Turnpike Street,North Andover,MA by Richard Ernest Landry,R.A.#4496,Landry
Architects,389 Main St.2nd Floor,Salem,NH 03079 and Philip G.Christiansen,C.E.#28895,
Christiansen&Segi, 160 Summer Street,Haverhill,MA 01830,dated 1/20/03 on condition that:
(1)space 115 be eliminated and painted with"No Parking"(2)No portion of 510 or 530
Turnpike Street to be used for restaurant,or any food-related retail business or fast food
outlet; and no portion of 510 Turnpike Street to be used for medical doctor,dentist,or other
health care practitioner's office(3)ploughed snow will not use any parking spaces or block any
traffic aisles and excess amounts of snow will be trucked away. Voting in favor: Walter F. Soule,
Robert P. Ford,Ellen P.McIntyre,and George M.Earley.
The Board finds that the applicant's Grant of Easement by PBJ Development Corporation granting
to Pico Trust,recorded at the Essex Registry of Deeds North District Book 4364,Page 308,the
right and easement to park vehicles in the south west portion of the Grantor's parcel,spaces 1
through 25,satisfies the requirements of Section 8,Paragraph 8.1.1;for 127 parking spaces and
that the granting of this Variance will not adversely affect the neighborhood or derogate from the
intent and purpose of the Zoning Bylaw and that the applicant has satisfied the provisions of
Section 8,Paragraph 8.1.7,and Table 2,Footnote 1 of the Zoning Bylaw and that such change,
extension or alteration shall not be substantially more detrimental than the existing parking lot.
Pagel of 2
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
tiw
Town of North Andover °f NORTH
Office of the Zoning Board of Appeals o= °`s .7
Community Development and Services Division
aO' ,t
27 Charles Street .;_—
North Andover,Massachusetts 01845 CMusEt
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,Vice Chairman
Decision 2003-007Correeted Copy
- -r>
,UU c.
Page 2 of 2
i
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover f NORTH
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover,Massachusetts 01845 'ss�ctt
D. Robert Nicetta Telephone(978)688-9541
Building Commissioner Memorandum Fax(978)688-9542
C
To: Pico Trust C a
5 3 0 Turnpike Street - C)r)r
North Andover,MA 01845 �=
Cr"
G? nC7n
From: Walter F. Soule,Vice Chairman o�=`
North Andover Zoningrn >
Board of Appeals ren '
N
June 16,2003
Subject: Correction for petition#2003-007
Please be advised that this is a memo for record to correct the verbiage from
"(2)No portion of either 510 or 530 Turnpike to be used for medical doctor,dentist,or
other health care practitioner's office,restaurant,or any food-related retail business or fast food
outlet"to(2)No portion of 510 or 530 Turnpike Street to be used for restaurant,or any food-
related retail business or fast food outlet;and no portion of 510 Turnpike Street to be used
for medical doctor,dentist,or other health care practitioner's office for the following petition
2003-007 for premises at: 510-530 Turnpike Street,North Andover,MA 01845.
Reference the following paragraph of said decision to show correction made:
Upon a motion by Robert P.Ford and 2nd by Ellen P.Mchityre,the Board voted to
GRANT the Variance for relief from Section 8,Paragraph 8.1(7)of 11.5'width for the one way
driveway on the southeast side.of 530 Turnpike Street,and from Table 2,Footnote 1 of 39.5' for a
landscape buffer to match the setback on adjacent properties per Parking Plan of Property located
at: 510&530 Turnpike Street,North Andover,MA by Richard Ernest Landry,R A.44496,
Landry Architects, 389 Main St.2nd Floor,Salem,NH 03079 and Philip G.Christiansen,C.E.
#28895,Christiansen&Sergi, 160 Summer Street,Haverhill,MA 01830,dated 1120/03 on
condition that: (1)space 115 be eliminated and painted with"No Parking"(2)No portion of 510
or 530 Turnpike Street to be used for restaurant,or any food-related retail business or fast
food outlet; and no portion of 510 Turnpike Street to be used for medical doctor,dentist,or
other health care practitioner's office(3)ploughed snow will not use any parking spaces or
block any traffic aisles and excess amounts of snow will be trucked away. Voting in favor:
Walter F. Soule,Robert P.Ford,Ellen P.Mclntyre,and George M.Earley.
By order of the Zoning Board of Appeals,
Walter F.Soule,Vice Chairman
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978)88-9530 Health 978-688-9540 Planning 978-688-9535
Town of North AndoverNORTH
Office of the Zoning Board of Appeals
Cbmintiftitiv and Services Division
27 Charles Street
top
North
North Andover,Massachusetts 01845 'SS�cHusEt
j: Z
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 2003
date of filing of this notice
in the office of the Town Clerk. Property at: 510-530 Turnpike Street
NAME: John F.McGarry,401 Andover Street, HEARING(S): February 11,2003
Trustee for Pica Trust
ADDRESS: for premises at:510-530 Turnpike Street PETITION: 2003-007
North Andover,MA 01845 TYPING DATE:February 18,2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at
7:30 PM upon the application of John F.McGarry,401 Andover Street,trustee for Pico Trust,
for premises at:510-530 Turnpike Street,North Andover requesting a Variance from Section 8,
Paragraph 81(7),for relief from the requirements of off-street parking;and Table 2,footnote 1
from requirements of a street buffer zone for property with frontage on the Northeast side of
Turnpike Street within the GB zoning district,
The following members were present: Walter F. Soule,Robert P.Ford,Ellen P.McIntyre,and
George M.Earley. John M.Pallone recused himself.
Upon a motion by Robert P.Ford and 2"a by Ellen P.McIntyre,the Board voted to Gy—ANT the
Variance for relief from Section 8,Paragraph 8.1(7)of 11.5'width for the one way driveway on
the southeast side of 530 Turnpike Street,and from"Table 2,Footnote I of 39.5' for a landscape
buffer to match the setback on adjacent properties per Parking Plan of Property located at:510&
530 Turnpike Street,North Andover,MA by Richard Ernest Landry,R A,#4496,Landry
Architects,389 Main St.2IIa Floor,Salem,NH 03079 and Philip G.Christiansen,C.E.#28895,
Christiansen&Segi, 160 Summer Street,Haverhill,MA 01830,dated 1/20/03 on condition that:
(1)space 115 be eliminated and painted with"No Parking"(2)No portion of either 510 or 530
Turnpike to be used for medical doctor,dentist,or other health care practitioner's office,
restaurant,or any food-related retail business or fast food outlet(3)ploughed snow will not use
any parking spaces or block any traffic aisles and excess amounts of snow will be trucked away-
Voting in favor: Walter F.Soule,Robert P.Ford,Ellen P.McIntyre,and George M.Earley.
The Board finds that the applicant's Grant of Easement by PBJ Development Corporation granting
to Pico Trust,recorded at the Essex Registry of Deeds North District Book 4364,Page 308,the
right and easement to park vehicles in the south west portion of the Grantor's parcel,spaces 1
through 25,satisfies the requirements of Section 8,Paragraph 8.1.1;for 127 parking spaces and
that the granting of this Variance will not adversely affect the neighborhood or derogate from the
intent and purpose of the Zoning Bylaw and that the applicant has satisfied the provisions of
Section 8,Paragraph 8.1.7,and Table 2,Footnote 1 of the Zoning Bylaw and that such change,
extension or alteration shall not be substantially more detrimental than the existing parking lot.
Pagel of 2
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
= x
Town of North Andover f gORTp
Office of the Zoning Board of Appeals �?•'s"���M�''�°°�
Community Development and Services Division �0 ,
27 Charles Street
I' �A4"D
North Andover,Massachusetts 01845 $s�c►a
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,Vice Chairman
Decision 2003-007
Page 2 of 2
I
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
Town of North Andover f 40RTH
O tK�ao`61N0
Office of the Planning Department F
Coniniunity Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845 �SSACMU55t
hth)://www.townofnorthandover.com
Planning Director: woods@townofnorthandover.com P (978) 688-9535
J. Justin Woods F (978) 688-9542
C_a
NOTICE OF DECISIONrTJ r-1
c oNO
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SENT USPS VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED � , �c)r
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77
Pico Trust—530 Turnpike Street CD
Site Plan Special Permit --0
The public hearings on the above-referenced applications were closed by the North Andover Planning Board
on February 18,2003. Present were Planning Board Vice Chair Alberto Angles,Clerk Richard Nardella,
Members Felipe Schwarz and George White,Associate Member James Phimey,Planning Director J.Justin
Woods,and Planning Assistant Debbie Wilson. John McGarry of Pico Trust as well as Karl Dubay of MHF
Design appeared on behalf of the petitioner.
Nardella made, and Schwarz seconded, a motion to grant the Site Plan Special Permit to permit the
applicant to modify the exterior of the existing building and modify the parking plan. This Special
Permit was requested by John McGarry of Pico Trust, 401 Andover Street, North Andover, MA 01845. The
original application, excluding revised documentation, as cited herein, was filed with the Planning Board on
November 15, 2002 with subsequent submittals on file. The applicant submitted a complete application,which
was noticed and reviewed in accordance with 8.3 and 103 of the Town of North Andover Zoning Bylaw and
MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and
SPECIAL CONDITIONS set forth in Appendix A to this decision.
The Planning Board voted on the motion by a vote of 5 in favor to 0 against. A special permit issued by a
special permit granting authority requires a vote of at least four members of a five-member board See MGL
Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning Bylaw. Accordingly,the
Applications for the Site Plan Special Permit is approved with conditions.
The applicant is hereby notified that should the applicant disagree with this decision,the applicant has
the right,under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the
date this decision has been filed with the Town Clerk.
Respectfully Submitted:
J. . Woods,Planning Director
for the North Andover Planning V i Board: Voted:
John Simons,Chairman Y-N-Abst-NIA
Alberto Angles,Vice Chairman Y-N-Abst-N/A
Richard Nardella,Clerk Y-N-Abst-N/A
George White Y-N-Abst-N/A
Felipe Schwarz Y-N-Abst-N/A
Jaynes Phinney,Associate Member Y-N-Abst-N/A
BO A.RD OF_APPEALS 688-9541 FlUILDiNG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Pico Trust—530 Turnpike Street
Site Plan Special Permit
February 21,2003
Page 2 of 3
Appendix A
Site Plan Special Permit
The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Sections
8.3:
FINDINGS OF FACT:
1. The use will not result in any nuisance or serious hazard to vehicles or pedestrians.
2. The ZBA granted a setback variance to permit the proposed parking along Route 114 to match the existing
conditions on adjacent properties.
3. Existing travel lanes will be improved by the plan.
4. There will be minimal alteration to the existing site and structure as a result of the proposed changes.
5. Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Sections 8.3 and 10.3 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) No portion of the premises may be used for a restaurant or any other food related retail or preparation
business or a convenience store as there would not be adequate parking.
2) Snow removal may be stored on the landscaping islands to the extent possible,but shall be trucked off site
whenever snow exceeds onsite storage capacity.
3) Priorto the endorsement of the plans by the Planning Board, the applicant must comply with the
following conditions:
a) The plan shall be modified to show that parking space# 115 shall be eliminated and painted no
parking to comply with the ZBA approval.
b) A bond in the amount of$5,000 shall be posted for the purpose of insuring that a final as-built
plan showing the location of all on-site structures and parking. 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.
4) Prior to the start of construction,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.
5) Prior to FORM U verification(Building Permit Issuance):
a) The final site plan mylars must be endorsed and three (3)copies of the signed plans must be delivered
to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the Planning Department.
6) Prior to verification of the Certificate of Occupancy,the applicant must submit a letter fimn the architect
or engineer of the project stating that the construction and operations substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board
7) Prior to the final release of security,A final as-built plan showing final construction and location of the
building and parking spaces shall be submitted to and reviewed by the Planning Staff.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Pico 'crust—530 Turnpike Street
Site Plan Special Permit
February 21,2003
Page 3 of 3
8) 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.
9) All site lighting shall provide security for the site and structures however it must not create any glare or
project any light onto adjacent residential properties.
10) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
11) The provisions of this approval shall apply to and be binding upon the applicant, its employees and all
successors and assigns in interest or control.
12) Any action by a Town Board, Commission, or Department that 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.
13) 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.
14) This Special Permit approval shall he deemed to have lapsed on two years from the date the permit was
granted unless substantial use or construction has commenced. Substantial use or construction will be
determined by a majority vote of the Planning Board.
15) The following information shall be deemed part of the decision:
Plan: Office Building
530 Turnpike Street
Prepared for: John McGarry
Prepared by: Landry Architects
389 Main Street,Salem,NH 03079
Sheet C1 Titled: Proposed Parking Plan
Dated: 11/15/02,last revised 1/28/03
Sheet A2.1 Titled: Proposed Exterior Elevations
Dated: 10/7/02,last revised 12/4/02
Plan: Landscape Plan
530 Turnpike Street
Prepared for: John McGarry
Prepared by: Huntress Associates,Inc.
17 Tewksbury Street,Andover,MA 01810
Sheet L1 Titled: Landscape Plan
Dated: 1/30/03
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Engineer
Abutters
Assessor
DPW
MXRD OF APPE,kLS 684=}541 B II.DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535