Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
DEDOGLOU, PAUL
E�fC t�/.cw9-L syDRT,{ - „.e. TOWN OF NORTH ANDOVER VARIAN 4SSwcMt1'fiE ZONING BOARD OF APPEALS NAME. ADDRESS OF APPEAL: a , r 'rim�:stan,c _. Procedure & Requirements for an Application for a Variance Ten(10)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal notice Zoninq Board of an application as incomplete. for mailing to the parties in interest(abutters)and for The information herein is an abstract of more publication in the newspaper. The petitioner is notified speck requirements listed in the Zoning Board that the legal notice has been prepared and the cost of Rules and Regulations and is not meant to the Party in Interest fee. supersede them.. The petitioner will complete items STEP 7:DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office of STEP 1: ADMINISTRATOR PERMIT DENIAL: the Zoning Board of Appeals and delivers the legal notice The petitioner applies for a Building Permit and receivers to the local newspaper for publication. a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf,or be Petltio;ter comple, s an application forint to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: - Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is fled with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1)original and ten(10)Xerox the decision,the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 384 Office to be certified by the Town Clerk with the time and Merrimack St.Suite#304,Lawrence MA, 01843 and I date of filing. The original will be left at the Town Cleric's shall complete the Certification of Recording farm and Office, and the 10 Xerox copies will be left with the forward it to the Zoning Board of Appeals and to the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-688-9533 Office of Community Dev.&Services 120 Main Street 1600 Osgood St,, Bldg,20,Suite 2-36 978-688-9501 Town Clerk's Office North Andover, MA 01845 978-688.9566 Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department PAGE 1 of 4 978-688-9541 Zoning Board of Appeals office Domenia.I.Scalise,Esq i 89 Main Street APR 2 P- 2009 No.Andover,MA of US E I ) BOARD OF APPEALS PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete ali items 1 .10 below: 1. Petitioner: *Name, *Address and telephone number: Paul Dedoglou. Trustee of Evros R alt-y Trn-,t 11-15 First Street, North Andover, MA 01845 ( 978 ) 683-0472 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: PAU-1 nPang1 nil� rfriictp,, of F-yrnc RPai t17 Tri,ct 675 Foster Street North Andover MA 0 8 • 1 4 30Y ears Years Owned Land: 3. Location of Property: a. Street: 11-15 First Street Zoning District: GB b. Assessors: Map number: 29 Lot Number: o o 4 h c. Registry of Deeds: Book Number: 17 7 4 Page Number: „ 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 8 off Street Parking Subsection 8-1 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Applicant intends to change the use of a portion of his retail buildingin the general business zone and requests a variance from the off street parking requirements of the zoning by-law. The above description shall be used for 8u purpose of the legal notice and decision. A more detailed description is required pursuant to the 1 Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Farlare by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicaft The decision will be limited to the request by the applicant and wilt not involve additional items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)ttrat will not most current Zoning g Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear c 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear i F 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear e 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building' of Units" 1942 1 1942Food/Restaurant Facility "Reference Uses from the Zoning Bylaw&Table 1. 'State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building" of Units" 1942 1 7.94-2 Rem t Facility *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incompl Signature: omenic Scalise, Esq. / !78 9 Mai St. , North Andover, MA 01845 Type above name(s) here: 682 4153 PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION I) Size of plan: Ten(10)paper copies of a pian not Application for a Variance must be supported by a legibly to exceed 11"x17", preferred scale of 1"=40' written or typed memorandum setting forth in detail all H) One(1)Mylar,with one block for Registry Use facts relied upon. When requesting a Variance from the Only,and one block for five(5)ZBA signatures&date. requirements of MGLA ch. 40A, Sec. 10.4 and the North III) Plan shall be prepared, stamped and certified by a Andover Zoning By-laws,all dimensional requirements Registered.Professional Land Surveyor. Please note shall be clearly identified and factually supported. All that plans by.a Registered Professional Engineer, points,A-F,are required to be addressed with this Registered Architect,and/or a Registered Landscape application. Architect may be required for Major Projects. *10 C. *Required Features On Plan: A. The particular use proposed for the land or structure. I) Site Orientation shall include: B. The circumstances relating to soil conditions, shape 1. north point or topography of such land or structures especially 2. zoning district(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally-the zoning 4. wetlands(if applicable) district in which the property is located. 5. abutters of property,within 300'radius C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable.zoning restrictions with 7. deed restrictions, easements. respect to the land or building for which the variance II) Legend &Graphic Aids shall Include: is sought. 1. Proposed features in solid lines&outlined in red D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6• Names addresses and phone numbers of the substantially derogating from the intent or purpose of appy, owner or record, and land surveyor. the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan.information as indicated with an.asterisk(*). in some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall be 11. APPLICATION FILING FEES accompanied by the following described plan. Pians - must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a check Clerk's Office and ZBA secretary at least thirty(30)days or money order to:"Town of North Andover"for the cost prior to the public hearing before the Zoning Board of of first Gass, certified, return receipt x#of all parties in appeals. interest identified in MGLA ch.40A§11 on the abutter's list for the legal notice check. Also,the applicant shall A set of building elevation plans by a Registered supply first class postage stamps x the#of parties of Architect may be required when the application interest on the abutter's list for the decision mailing. involves11.B. Mailing labels:Applicant shall provide four.4 new construetionfconversion/and/ora g PP p ( ) proposed change in use. sets of mailing labels no larger than 1"x2-5/8"(3 copies for the Legal, and one copy for the Decision mailing). 10.A. Major Projects 11.C. Applicant shall provide a check or money order Major projects are those,which involve one of the to:"Town of North Andover"per 2005 Revised Fee following whether existing or proposed: Schedule. I)five(5)or more parking spaces, ► A Variance once granted by the ZBA will lapse in 1 II)three(3)or more dwelling units, if not exercised IM 2,000 square feet of building area. (one)year sed and a new petition must be submitted.-4 Major Projects shall require, that in addition to the 10B& 10C features,that the plans show detailed utilities,soils, and topographic information. *10. B. *Plan Specifications: Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman Ellen P.McIntyre, I'ice-Chairman pORTM Richard J.Byers,Esy Clerk of t`�p Joseph D.LaGrasse Richard M.Vaillancourt �o p Associate Members x s Thomas D.IppoGto �o " 4 Daniel S.Braese,I3sy. �s p�R�T.O •"°y45 Michael P.Liporto �SSgeNUSE� 1'own Cleih"rime Stamp Request to Modify Variance Decision 2002-049 Decision Address: I1-15 First Street NAME: Paul Dedoglou,Trustee of Evros Realty MODIFICATION DATE: April 14,2009 Trust,675 Foster Street ADDRESS: 11-15 First Street, PETITION: 2002-049 North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 2009,at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA upon the application of Paul Dedoglou,Trustee of Evros Realty Trust,675 Foster Street,North Andover,requesting the Board to grant a minor modification to the parking Variance decision 2002-049 for the renovation of 11-15 First Street(Map 29,Parcel 46) area for a separate 24.9'x14.4'nail salon to a 24.9'x14.4' coffee and ice cream annex to the existing Star Pizza facility and requesting that the variance granted in the 031-96 be reinstated for a total of 28 seats between the existing Star Pizza and the proposed coffee and ice cream annex. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Richard M.Vaillancourt. The following non-voting members were present: Thomas D.Ippolito, Daniel S.Braese,and Michael P.Liporto. Upon a motion by Richard M. Vaillancourt and 2nd by Richard J.Byers,the Board voted to fund that the request to reinstate the 1996 is a minor modification. Voting in favor of the motion: Albert P.Manzi,III,and Richard M. Vaillancourt. Voting against the motion: Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The Board finds that the motion for a minor modification to Variance 2002-049 dill not receive the required four super majority votes. The Board finds the applicant will need to file a new Variance for the proposed difference between the required off- street parking space total for the 11-15 First Street uses,and the parking space total available on the 11-15 First Street lot if the applicant annexes the 24.9'x14.4'space to Star Pizza. No . r oning Bo4rd of Ap Albert''P.Manzi,III,Esq.,Chairman Ellen P.McIntyre, Vice Chairman Richard J.Byers,Esq.,Clerk Joseph D.LaGrasse /Richard M.Vaillancourt Decision 2002-049. M29P46. 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Parking Computation per Zoning By-Law Existing Restaurant - Star Pizza: 1,556 sq. ft @ 15 spaces/1,000=23.34 Proposed Ice Cream/ Coffee Shop - 386 sq. ft @ 15 spaces/1,000= 5.79 - Current Residential Use - 3 residential units @ 2 spaces/unit = 6.0 TOTAL SPACES 35.13 MEMORANDUM A. The property in question has been used for many years as restaurant. In 2002 the applicant reduced the size of his existing restaurant and changed the use of the remaining space to a nail salon. The Zoning Board of Appeals on December 10, 2002 granted the change of use and variance for off-street parking(Petition 2002-049). B. The property consists of a pre-existing, non-conforming building on a pre- existing non-conforming lot. C. The property has been used as a restaurant for many years and the applicant wishes to return the area, formerly occupied by the nail salon,to a food use. D. The downtown area where this building is located is surrounded by other retail food establishments. In fact, this building presently has its own off street parking lot with 11 parking spaces. Most commercial properties in the downtown area have little or no off-street parking. E. See D above. F. Does not apply. The use is in harmony with the general purpose and intent of the Zoning By-Laws and desired relief may be granted without substantially derogating from the intent or purpose of the Zoning By-Law. Respectfully submitted, Paul Dedoglou, Trustee of Evros Realty Trust By His Attorney: omenic J. Vise, Esq. 89 Main S eet North Andover,MA 01845 (978) 682-4153 Abutter to Abutter( ) Building Dept ( ) Conservation ( ) Zoning ( ) RE UIREMENT.' MGL 40A Section 11 states in art"P I r � arNs ur merest as used in this charter shag mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject PropertV: MAP PARCEL Name Address 29 46 Evros Realty Trust 675 Foster Street North Andover,MA 01845 Abutters Properties Map Parcel Name Address 29 14 Thomas Barnes 76 Saunders Street North Andover,MA 01845 29 23 Town of North Andover 120 Main Street' North Andover,MA 01845 29 25 PH Main Street,LLC 31 Hewitt Ave North Andover,MA 01845 29 26 Lisa Shaheen 3415 Lakeview Blvd Delray,FL 33445 29 29 Dennis Gallagher 529 Prospect Street Methuen,MA 018444 29 30 David Mermelstein 41 Chestnut Street North Andover,MA 01845 29 31 Andover Savings Bank 108 Main Street North Andover,MA 01845 29 39 Rack Realty 91 Hampstead Street Methuen,MA 018444 29 40 Matthew Xenakis 701 Salem Street North Andover,MA 01845 29 41 Paul Dedoglou 675 Foster Street North Andover,MA 01845 29 42 John McElhiney 190 Kings Highway U-A16 Hampton,NH 03842 29 43 Lois McSweeney 85-87 Main Street North Andover,MA 01845 29 44 DJ Scalise 89 Main Street North Andover,MA 01845 29 45 Joyce Realty Trust 121 Collins Road Weare,NH 03281 29 48 The Meg Companies 25 Orchard View Drive Londonderry,NH 03053-3376 29 52 Michael Kellan 90 Main Street North Andover,MA 01845 29 54 Robert Pangione 245 Brentwood Circle North Andover,MA 01845 29 56 Michael Xenakis 48 Waverley Road North Andover,MA 01845 29 59 Katcher Afarian 18 Waverley Road North Andover,MA 01845 29 60 Peter Vaillancourt 31 Lincoln Street North Andover,MA 01845 18 42 John&Matthew Xenakis 701 Salem Street r North Andover,MA 01845 18 43 Meghan Gaffny 28 Waverley Road North Andover,MA 01845 18 44 Donald Foulds 25 First Street North Andover,MA 01845 18 45 David Baril 61 Homestead Street Haverhill,MA 01830 18 63 Mary Christina Hosking 38 Waverley Road North Andover,MA 01845 18 69 Guy Ando III 56 Waverley Road North Andover,MA 01845 18 70 Daniel Beane 29 First Street North Andover,MA 01845 18 74 John Desmond 21 First Street North Andover,MA 01845 �A Date 4/22/2009 Page 1 of 1 ,mei that the names appearing on the s of the Assessors Office as0 --fif r °0 by: Date_ .12- A--- Town of North Andover of Noor" +ti Office Of the Zoning Board of Appeals Community Development and Services Division - « : 27 Charles Street North Andover,Massachusetts 01845 �'ssgcau5�t� D. Robert Nicetta. Telephone(97§688-9541 Building Commissioner Fax(97W:688=tt54? r-) rn r" =GJ C �} Any appeal shall be filedDC7 ]r N of > within(20)days alter the Year 2002 > (ni n c� date of filing of this noticeE5 M ;J ry in the office of the Town Clerk. P at: 11-15 First Street X NAME: Paul Dedoglou,Trustee of Evros Realty Trust, HEARING(S): 10/29, 1 ,& 675 Foster Street,North Andover. 12/10/2002 ADDRESS: for premises at 11-15 First Street PETITION: 2002-049 North Andover,MA 01845 TYPING DATE: 12/12102 The North Andover Board of Appeals held a public hearing at its regular meeting on Thy, December 10,2002 at 7:30 PM upon the application of Paul Dedo&n,Trustee of Evros Realty Trust,675 Foster Street,North Andover,MA for premises at 11-15 First Street,North Andover requesting a Variance for relief from Section 8,Paragraphs 8.3,8.5,and 8.6 from the requirements of off-street parking;and a Special Permit from Section 9,Paragraphs 9.1 and 9.2 to extend a pre-existing,non-conforming structure and use on a pre-existing,non-conforming lot to allow for the proposed remodeling of an office by reducing the size of art existing restaurant,with frontage on the Northwest side of First Street within the GB zoning district. .. The following members were present: William:J. Sulhvan,Walter F.Soule,John NI:Pallone, Scott A.Karpinski,Ellen P.McIntyre,and Joseph D. LaGrasse. Upon a motion by John 1vL Pallcmee and 2�by Walter F `Soule,the Bard voted to Gi<tANT a.' Variance frown-Section 8,Parigraplis 8.3,8.5,&&6(+t kStreet Parking)for relief.of.9.parking.: spaces from the required 20.parking spaces(restaurant= 10,retail=2,office=2,and 3 residential units=6 totaling 20,also,On Street parking is available per"Parking Study First Street Starr Pizza Variance Request"by William J.Scott,then Director of Community Development and Services,dated December 10, 1996.)due to reduced seating capacity from 28 seats to 20 seats in order to build an office in the Pizza Shop;per Plan of Laud owned by Evros Realty Trust,Paul Dedoglou,.trustee, 11-15 First Street,by Scott i,.Giles,P.L.S.#13972,date: 9/30/2002,revised 10/2/2002, 12/10/2002,and 12/17/2002;and GRANT a Special Permit from Section 9,Paragraphs 9.1&9.2 to alter a pre-existing,non-conforming building on a pre- existing non-conforming lot to allow the applicant to reduce the size of his existing restaurant and change the use of the remaining space to office use per above Plan of Land,and Proposal For: Star Pizza,Proposed Multiple Busies Use, 15 First Strom,North Andover,MA 01845, Date:03-25-2002,Rev:03-26-2002,04-17-2002,plans A-1&A-2,by Gregory P.Smith, Registered Architect#8683,GSD Associates, 148 Main St.Building"A",N.Andover,MA 01845,on condition that change of usage of any of the residential,office,retail or restaurant units shall be submitted to the Building Commissioner for his approval. Absence of his approval will require a return to the Zoning Board. Voting in favor: William J. Sullivan, Walter F. Soule,Scott A.Karpinski,Ellen P.McIntyre,and Joseph D.LaGrasse. Pagel of 2 Board of Appeals 688-9541 Building 688-9545 vonservation 688-9530 Health 688-9540 Planning 688-9535 Town of North Andover Office of the Zoning Board of appeals Community Development and Services Division_ 27 Charles Street '► , North Andover,Massachusetts 01.845 4O9s D.Robert Nicetta Telephone(978)688-9541 Building Comrnissio mer Fax(978)688-9542 The Board finds that the applicant has satisfied the provisions of Section 9,Paragraphs 9.1 & 9.2 of the zoning bylaw and that such daaage,extension or aheration shall not be substantially more detrimental than the existing structure to the neighborhood;and that the December 10, 1996 `Parking Study First Street Starr Pizza,Variance Request"of William I Scott,there Director of Community Development and Services,allows the finding that Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely a the neighborhood or derogate froma the i nt and of the Zoning Bylaw Furthermore,if the rights authorized by the Variance are not exercised within ache(1)year of the date of the grant,it wall lapse,and may be re-establisW 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 datewhich the Spm Permit was granted unless substantial use or+canshudion has comm end ix shall ,be re-established only after notice,and a new hearing. Town of North Andover Beard of Appeals, William I Sullivan,,Chairman Decision 2002-049. rr..� C� f"+'i -� > •1' � m�f� Page of M :> w 0 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 RECEIVED JOYCE BRADSHAW TOWN Of' . N� NORTp� N RTH AN ERK Q OVER .a 3� a 0 - p DEC .9 21 AN 's 1SSncHusft TOWN OF NORTH ANDOVER MASSACHUSETTS Any Appeat shad be filed within (20) days after the date of filing this notice in BOARD OF APPEALS the Office of the Town Cterk Notice of Decision Property: 11-15 First Street Evros Realty Trust Date: December 24 , 1996 11-15 First ST Petition: 031-96 North Andover MA 01845 Hearing: 12/10/96 The Board of Appeals held a regular meeting on Tuesday evening, December 10, 1996, and a continued meeting on September 10, October 8, and November 12, 1996 upon the Variance application requirement of Section 8.1 paragraph 6, for off site parking to accommodate the expansion for more seating capacity of the Pizza Shop, Table 2 in the GB District of the Zoning By Law. The following members were present and voting: William Sullivan, Walter Soule, John Pallone, Robert Ford, and Ellen McIntyre. The hearing was advertised in the Lawrence Eagle Tribune on August 27,1996 September 3, 1996 all abutter were notified by regular mail. Upon a motion by Robert Ford, seconded by John Pallone the Board voted unanimously to Grant a -variance for off site parking for the expansion capacity from 18 to 28 total seats in the Pizza Shop. Voting in favor were: William Sulllivan, Walter Soule, Robert Ford, John Pallone and 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 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. Board o` Appeals, i William Sullivan, Chairman Town'of North Andover OMCE•OF t Naxth COMMUNITY DEVELOPIVIEIVTAND o�°.tT"° SERVICES 146 Main Street « orth Andover,Massach « i '��I.IAM J.scoTT• Nusetts 01845 « Director 1rq'�,,;.o,;,'•~;�,i SSgCHU Memorandum To: Chairman William Sullivan From: William J. Scott, Director Community Development and Servis Date: 'December 10, 1996 ce RE: Parking Study First Street Starr Pizza Variance Request As per your request I prepared the following table which results-from observations on the dates and times indicated. The"Space in Front column represents those spaces that were vacant front of the applicant building, this does not count toward the to because s t included already the First Street Spaces. The"Space-on.First*-ere those spaces from the corners of Main and First to the end of the marked spaces. The``Space on Main"represents those spaces that are in front of the offices around the comer to the entrance of the Messina center and the corresponding spaces across the street. The Main Street spaces were added because of their proximity. The "Number of Seats"column represents the number of seats that could be accommodated by the number of spaces available at 1 space per two seats. The 25%and 50% columns represent the number of seats at 25%and 50%0 of the parking space availability. The gray highlight represent the times I consider as the business peak periods 11:30 to 1:30. Date Time Space irl Space Space on Total Front on First Number of 25% 50% 6 12/4 8:30 am 2 Main S ces Seats Seats Seats 12/4 10:30 am 0 5 12 24 6 10 20 12 5 10 • 12/4 2:30 PM 1 12/5 8:30 am 2 6 7 12 24 6 6 12 6 12 - 12/5 11:00 am 2l 1 5 7 12 24 6 12 24 6 12 12/5 3:00 PM 2 12/6 8:30 am 2 66 11 22 5.5 11 X1276 r1q 5 11 22 5.5 11 • 12/7 10 am 1 6 7 13 26 6.5 13 12/<7 T 4 1 5 10. 2.5 5 12/7 2 PM 12/7 4 PM 2 11 4 �5 30 �. ,.. 32 8 12/9 16 . 3:15 PM 2 ,. Total Average 1.1613 26 6.5 w 13 5.55 5.30 10.8321.66 Avera a for Peak 0.3` 4.3 5.4 10.83 4.5 8.83 17.66 4.42 8.84 With the above information the Board should determine what percent of the available spaces do You wish to assume will be used by the applicants expansion. I would assume that 25%' of Average for Peak periods would be sufficiently conservative. This woulc seats to obtain a total allowable seats. Therefore the total would be{ 18 (currents ats)to �cur rent (25%of Total average))= 23.4 Total allowable seats, round up to 6 additional seats. The Board could be more conservative using only the 9 Y peak num l� period hers. Pe d or less conservative using the 50°l0 0 PI__) 130tUtD OF APPEALS 688-9541 . BUILDING 6$8.9545 CONSERVA 1ON 688-9530 BEALTH '688-9540 PLANNING 688-9535 PR )POSED r EXRJNQ v i s .. OR`M .......... 30 Cofee B Pastry 4lip, ¢ y ac..v yy 732„ Paradise: Ii MI � g,. -' ® • • Coffee&Pastry o LEFT SIDE PONT4RRUSSOLD 1 RICHT SIDE AWNING SIDE AWNING; U •FRAME CONSTRUCTED OF I SQ GALVANIZED TUBING.WELDED CONNECTIONS. -AWNING COVER TO BE VINYL COLOR GREEN NO GRAPHICS � G customer name: STAR PIZZA Oate/Reoistens QOSidneP sales Rep. Foe flame work Order# growing# lOCa110k: 15 Firm Street.North Andrner,MA 4-16"09 B.N STAR PIZZA 2702 G 2009 Ih s deagnrtkamm�s eopyngMad proPeny al AtaUa Sign 6 Awnmglnc Na part of tfirs d.avnny may a::epradueed vnt�aut carman cansenl. '` ' II _ II EXISTING PROPOSED ,T y ... .. 48" 4 uu; � r 16' �'[j AWNING mCD NINGSIDE FRAME CONSTRUCTED OF I SQ GALVANIZED TUBING.NVBLDED CONNECTIONS. ,AWNING COVER TO BE VINYL COLOR GREEN - NOGRA.FIIICS 4 2-2 mrname: APIZZA DBteRBB11B „® 1BBr. ROD. BWBrp81tler 4-16-09 BA9 1, STAR PIZZA 2702 Location: jSStreet, over.MA 4FlIpdR � a.mw arem< m� ' _. I 0 GE 02103 .;� op s !nk 3 compartment sink = 5.Stars to get to storage area CL 0. m n t� EE COMPT SINK rt TEN HM.E DIPPING CABINET Q UNWRRGEC RQU SYRUPS TER n O © IPWE" e�^ ICECREOR �i C c RPOT BREWERSDIPNEL� F�� NUT FUDGE DISPENSER DOUBLE ------AMERCOUNTER ICE B114 OVERSHEL REFRI TOt w � DiPOT5 CUPS ' FROZEN ►NK cows BLENDER MER soxta SINK fFT UP GATE CUP DIVE UXt4 SINK SUPER AUTOMATIC lHINE� rroRAtB'TN!' OP ICKUP SHELF GQ tMTROY AND FU COFFEE DONUT CASE DER AND POS _- PLAN OF LAND IN NORTH ANDOVER,MASS. OWNED BY EVROS REALTY TRUST PAUL DEDOGLOU, TRUSTEE SCALE:1"=20' DATE:9/302002 NOTES:SEEASSESSORS MAP 29 LOT 46, 1022062 DEED BOOK 1774 PAGE 250, 12/10/2002 ZONING DISTRICT IS GB. 12/17/2002 0' 20' 40' 60' 12 PARKING SPACES SHOWN ON PROPERTY. N/F/yAC/E✓EwSK� of Bg 85, N/FE[SE g� s EsH #85M 3972 0 I' �1�-�-_""'• .'4/N Sr /STER��O��� SAL LAHD� I 9x EXISTING 6906' Q DUMPSTE_R_ N E)(/S77NG BIT CONC. PgVEMENT NEW LOCATION x3 AI 5 ' a , i GREASE CONTAINER. 3 P A..iddP>>K/NG SP f L 2 ACES i /� a' •'I 1T 'ASPADp F;/ A8X18'�� 18X78'i N�F SIROTA04 a S 2 STORY 1 iv � #9112 MAIN ST. PAD #E. TING LOTS 3&4 �FND. 9471 S.F. PLAN#285 N.E.R.D. CIO MAIN ST N I 1 STORY a #17419 i a L. J #11415 .. - - - 83.53' - -T. VIII 3 ARKING SPA C FIRST STREET 3 ARKING SPAC ; t5 0 F STREET SPACES. THIS IS TO CERTIFY THAT i HAVE CONFORMED �` ^` I WITH THE RULES AND REGULA71ONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER BOARD OF APPEALS THE PROPERTY LINES SHOWN ARE THE LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS 1 OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWN%EV HIPPOO—R NEW AY AR'E/SHOWWN. tDTE F FILING: F HEARING: D TE OF APPROVAL: Town of North.Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman tE Ellen P.McIntyre,Vice-Chairman NORTH RichardB Esq.Clerk t q n �}�j J Byers, q O .49 ,a,"q.0 1 ( G 7 1`i v7` Joseph D.LaGrasse OL Richard M.Vaillancourt F p Associate Members j _ b Thomas D.Ippolito �l��f�, Daniel S.Braese,Esq. �i �R,T.o„rP`` C"A j °•, °' Michael P.Liporto �SSACHU Town Clerk Time Stamp Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 19tb of May, 2009 at 7:30 PM to all parties interested in the application of Paul Dedoglou, Trustee of Evros Realty Trust,675 Foster Street,for premises at: 11-15 First Street(Map 29, Parcel 46),North Andover,MA requesting a dimensional Variance from Section 8, Paragraph 8.1.4 of the Zoning Bylaw for relief from the requirements of Table of Off Street Parking Regulations—Food and Beverage in order to reacquire the retail space for Star Pizza. Said premise affected is property with frontage on the Northwest side of First Street within the GB zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi III,Esq., Chairman Published in the Eagle-Tribune on May 4&May 11, 2009. Legalnotice 2009-008. M29P46. 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 web-www.townofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi 111,Esq.Chairman Ellen P.McIntyre,Vice-Chairman I&ORT#t Richard J.Byers,Esq.Clerk r, Joseph D.LaGrasse 0 A, 29 I 1 3. Richard M.Vaillancourt Associate Members Thomas D.Ippolito Daniel S.Braese,Esq. Michael P.Liporto SSACNUTown"de4i tine S 6-V' Request to Modify Vadance Decision 2002-049 DeCWW Address: 11-15 First Street NAME: Paul Dedoglou,Trustee of Evros Realty MODIFICATION DATE: April 14,2009 Trust;675 Foster Street ADDRESS: 11-15 First Street, PETITION: 2002-049 North Andover,MA 01945 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,April 14,2009,at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street North Andover,MA upon the application of Paul Dedoglou,Trustee of Evros Realty ThL%675 Foster Street North Andover,requesting the Board to grant a minor modification to the parking Variance decision 2002-049 for the renovation of 11-15 First Sum(Map 29,Parcel 46) area for a separate 24.9'x14.4'nail salon to a 24.9'x14.4'coffee and ice cream annex to the existing Star Pizza facility and requesting that the variance granted in the 031-96 be reinstated for a total of 28 seats between the existing Star Pizza and the proposed coffee and ice cream annex The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Richard M.Vaillancourt. The following non-voting members were present: Thomas D.Ippolito, Daniel S.Braese,and Michael P.Uporto. Upon a motion by Richard M Vaillancourt and 2�by Richard J.Byers,the Board voted to find that the request to reinstate the 1996 is a minor modification. Voting in favor of the motion: Albert P.Manzi,IM and Richard M. Vaillancourt. Voting against the motion: Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The Board finds that the motion for a minor modification to Variance 2002-049 did not receive the required four super majority votes. The Board finds the applicant will need to file a now Variance for the proposed difference between the required off- street parking space total for the 11-15 First Street uses,and the parking space total available on the 11-15 First Street lot if the applicant annexes the 24.9'x14.4'space to Star Pizza. / 1 i- 6'�2AA genLIFf No r'26n-ing Bo*d of Ap Manz4 III,Esq.,Chairman Ell e)l P.McIntyre, Vice Chairman J.Byers,Esq.,Clerk It D.LaGrasse chard M.Vaillancourt Decision 2002-049. M29P46. 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiorthandover.com a a Town of North Andover ZONING BOARD OF APPEALS R (.EI�IE0 Albert P.Manzi III,Es Chairman + s ; Ellen P.McIntyre,Vice-Chairman T 1 ri N C L RS F F 1 Richard J.Byers,Esq.Clerk o`NORT � ' ` ' Joseph D.LaGrasse2009 J Richard M.Vaillancourt F A Associate Members i 0g'N 0{, Thomas D.Ippolito moo + ANDOVERNORTH Daniel S.Braese,Es - orto q �s psSACNUs g MASSACHUSETTS Michael P.Li p Town Clerk Tune Stamp Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2009 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A,§17 Proat: 11-15 First Street NAME: Paul Dedoglou,Trustee of Evros Realty HEARING: May 19,2009 Trust,675 Foster Street ADDRESS: 11-15 First Street,North Andover,MA 01845 PETITION: 2009-008 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 12OR Main Street,North Andover,MA on Tuesday,March 19,2009 at 7:30 PM upon the application of Paul Dedoglou, Trustee of Evros Realty Trust,675 Foster Street,for premises at: 11-15 First Street(Map 29,Parcel 46),North Andover,MA requesting a dimensional Variance from Section 8,Paragraph 8.1.4 of the Zoning Bylaw for relief from the requirements of"Table of Off Street Parking Regulations—Food and Beverage"in order to reacquire the retail space for Star Pizza. Said premise affected is property with frontage on the Northwest side of First Street within the GB zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on May 4&May 11,2009. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D. Ippolito,and Daniel S.Braese. Richard M.Vaillancourt recused himself. Upon a motion by Richard J.Byers and 2�d by Thomas D.Ippolito,the Board voted to GRANT a dimensional Variance from Section 8,Paragraph 8.1.4 of the Zoning Bylaw for relief from the requirements of"Table of Off Street Parking Regulations—Food and Beverage"of the Zoning Bylaw for relief of 21 off-street parking spaces in order to return the 386 sq.ft.of retail space to Food and Beverage use per: Site: 11-15 First Street W p 29,Parcel 46),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,Mass.,owned by Evros Realty Trust,Paul Dedoglou,Trustee Date(&Revised Dates): Date:9/30/2002,revised 10/2/2002, 12/10/2002,and 12/17/2002 Registered Professional Scott L. Giles,P.L.S.#13972 Land Surveyor: Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S. Braese. Page 1 of 2 I v 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre,Vice-ChairmanW 41 CLERK'S' DEPICT.. Richard J.Byers,Esq.Clerk of No 0 7 t� a '6 Joseph D.LaGrasse 3? „� •e oL &tl09 � —2f [' ' Richard M.Vaillancourt F 45 io Associate Members it Thomas D.Ippolito 4 �o mob* ( v 'i` Daniel S.Braese,Esq. pry"'w„■,,."qty NORTH ANDOVER Michael P.Liporto SSACHU`+� S',SyA, HUi lC; rkTime Stamp The Board finds that owing to circumstances relating to the shape of the land and the location of the structure on the lot especially affects 11-13 First Street(Map 29,Parcel 46)and structure but does not affect generally the GB zoning district in which it is located. The Board finds that a literal enforcement of the provisions of Section 8, Paragraph 8.1.4 of the Zoning Bylaw for relief from the requirements of"Table of Off Street Parking Regulations- Food and Beverage"and Section 10,paragraph 10.4 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that there was no written or spoken opposition. The Board finds that On Street parking is available per"Parking Study First Street Starr Pizza Variance Request"by William J. Scott,then Director of Community Development and Services,dated December 10, 1996. The Board finds that this return of 386 sq.ft. to Food Service does not alter the intention of the previous decision 2002-049,and that change of usage of any of the residential,office or restaurant units shall be submitted to the Inspector of Buildings for his approval. Absence of his approval will require a return to the Zoning Board. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.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 Inspector of Buildings. 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 oonstsuction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. North r Zoning Board peals AlbertlP.Manzi,III,Esq.,Chairman Ell P.McIntyre, lice Chairman J.Byers,Esq.,Clerk Associate Members Thomas D.Ippolito Daniel S.Braese,Esq. Decision 2009-008. M29P46. Page 2 of 2 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com t v , zi March 25, 2009 Albert P. Manzi III, Esq., Chairman Zoning Board of Appeals c/o Town of North Andover 1600 Osgood Street Building 20, Suite 2-36 Dear Chairman Manzi; I am requesting the Board to grant me a minor modification to my decision 2002-049 because I would like to renovate the 24.9'x14.4' area, granted for the nail salon in decision 2002-049, to a coffee and ice cream annex to my existing Star Pizza facility. I am asking that the variance granted me in the 031-96 be reinstated for a total of 28 seats between the existing Star Pizza and the proposed coffee and ice cream annex. I am attaching the 1996 decision, William J. Scott's First Street parking analysis, and the 2009 proposed annex floor plan. Also, I am enclosing the 2002 decision, the 2002 Plan of Land, the 2002 parking analysis, and the 2002 floor plan. Thank you for your consideration, Very truly yours, aul D oglou, Trustee of Evros Realty Trust 675 Foster Street, North Andover encl. Mn X009 1I BOAI,1. ,PPEALS i RECEIVED JOYCE BRADSHAW TOWN CLERK TM NORTH ANDOVER �-� ,• oa DEC Z� 9 21 AN 9SSACNU`�E� TOWN OF NORTH ANDOVER MASSACHUSETTS Any Appeal shall be filed within (20) days after the date of filing this notice in BOARD OF APPEALS the Office of the Town Clerk Notice of Decision Property: 11-15 First Street Evros Realty Trust Date: December 24 , 1996 11-15 First ST Petition: 031-96 North Andover MA 01845 Hearing: 12/10/96 The Board of Appeals held a regular meeting on Tuesday evening, December 10, 1996, and a continued meeting on September 10, October 8, and November 12, 1996 upon the Variance application requirement of Section 8 . 1 paragraph 6, for off site parking to accommodate the expansion for more seating capacity of the Pizza Shop, Table 2 in the GB District of the Zoning By Law. . The following members were present and voting: William Sullivan, Waiter Soule, John Pallone, Robert Ford, and Ellen McIntyre. The hearing was advertised in the Lawrence Eagle Tribune on August 27, 1996 September 3, 1996 all abutter were notified by regular mail. Upon a motion by Robert Ford, seconded by John Pallone the Board voted unanimously to Grant a -variance for off site parking for the expansion capacity from 18 to 28 total seats in the Pizza Shop. Voting in favor were: William Sulllivan, Walter Soule, Robert Ford, John Pallone and 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 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. Board o Appeals, William Sullivan, Chairman 7\ Town of North Andover HpRT#j OFFICE OF COMMUNITY (DEVELOPMENT AND SERVICES 146 Main Street x , North Andover Massachusetts 01845 �'"�•,,.o;:• 5 bVUJAM J. SCOTT 9SSac►+ustit .Director Memorandum To: Chairman William Sullivan From: William J. Scott, Director Community Development and Services Date: December 10, 1996 RE: Parking Study First Street Starr Pizza Variance Request As per your request I prepared the following table which results from observations on the dates and times indicated. The"Space in Front' column represents those spaces that were vacant in front of the applicant building, this does not count toward the total because it is included already in the First Street Spaces. The"Space on.First"are those spaces from the corners of Main and First to the end of the marked spaces. The'Space on Main"represents those spaces that are in front of the offices around the corner to the entrance of the Messina center and the corresponding spaces across the street. The Main Street spaces.were added because of their proximity. The "Number of Seats"column represents the number of seats that could be accommodated by the . number of spaces available at 1 space per two seats . The 25%and 50% columns represent the number of seats at 25% and 50%of the parking space availability. The gray highlight represent the times I consider as the business peak periods 11:30 to 1:30. Date Time Space in Space Space on Total Number of 250 50% Front on First Main Spaces Seats Seats Seats 12/4 8:30 am 2 5 7 12 24 6 12 12/4 10:30 am 0 5 5 10 20 5 10 12/4 2:30 PM 1 5 7 12 24 6 12 12/5 8:30 am 2 6 6 12 24 6 12 12/5 11:00 am 1 5 7 12 24 6 12 Kom�r 12/5 3:00 PM 2 5 6 11 22 5.5 11 12/6 8:30 am 2 6 5 11 22 5.5 11 ` A 2/6 1.1 47 12/6 „ 3`30 PM 2 1 6 7 13 26 6.5 13 12/7 10 am 1 4 1 5 10 2.5 5 12/7 12/7 2 PM 1 11 4 15 30 7:5 15 12/7 4 PM ? 5 76 r 32 8 16 '• 12/9 3:15 PM 2 5 8 13 26 1 6.5 13 Total Average 1.16 5.55 5.30 10.83 21.66 5.4 10.83 Average for Peak 0.3' 4.3 • 4.5 8.83 17.66 L 4.42 8.84 With the above information the Board should determine what percent of the available spaces do you wish to assume will be used by the applicants expansion. I would assume that 25%of Average for Peak periods would be sufficiently conservative. This woutd be added to the current seats to obtain a total allowable seats. Therefore the total would be{ 18(current seats)+ 5.4 (25% of Total average) }= 23.4 Total allowable seats, round up to 6 additional seats. The Board could be more conservative using only the peak period or less conservative using the 50% numbers. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 f I i• . mop sink . 3 compartment sink 5. Stairs to get to storage area 4 .. Sinks _. 5 6 Bathrooms_ -4 -o ! 0o r a � ro < � I K HO IZ7 1ey� r` Plans To Add Coffee Shop At 11 First St & 00 a N W 7. Refreshments 1 j{ 1 i f w �? 2. Regi ste 0 t Say counter r lit it x r s t j I f 1 1 i X t t ut It Town of North Andover °f °Rrk Office of the Zoning Board of Appeals 3= 4b' '`° Community Development and Services Division C i y 27 Charles Street *°o ,>• pO• Ari ATlO North Andover,Massachusetts 01845cHuSE� D. Robert Nicetta Telephone(97W88-9541 Building Commissioner Fax(97 688,- 54 = S= M C)M c-) —ta nir, Any appeal shall be filed Notice of Decision c'�. within(20)days after the Year 2002CD date of filing of this notice A X, r�= Y in the office of the Town Clerk. Pro at: 11-15 First Street . :�a NAME: Paul Dedoglou,Trustee of Evros Realty Trust, HEARING(S): 10/29,1142,& 675 Foster Street,North Andover. 12/10/2002 ADDRESS: for premises at 11-15 First Street PETITION: 2002-049 North Andover,MA 01845 TYPING DATE: 12/12/02 The North Andover Board of Awls held a public hearing at its regular meeting on Tuesday, December 10,2002 at 7:30 PM upon the application of Paul Dedoglon,Trustee of Evros Realty Trust,675 Foster Street,North Andover,MA for premises at 11-15 First Street,North Andover requesting a Variance for relief from Section 8,Paragraphs 8.3,8.5,and 8.6 from the requirements of off-street parking;and a Special Permit from Section 9,Paragraphs 9.1 and 9.2 to extend a pre-existing,non-conforming structure and use on a pre-existing,non-conforming lot to allow for the proposed remodeling of an office by reducing the size of an existing restaurant,with frontage on the Northwest side of First Street within the GB zoning district. The following members were present: William J.Sullivan,Walter F.Soule,John Nt Pallone, Scott A. Karpinski,Ellen P.McIntyre,and Joseph D. LaGrasse. :.:. : { Upon a motion byJohn M Pallone and r by Walter F, Soule,ttse Burd voted to GRANT a' Variance from Section 8 Paragraphs 8.3 8.5 &8.6(Off Street Parking)for reliefof 9.fang...: ilk � . spaces from the required 20 parking spaces(restaurant=,10,retail=2,office=2,and 3 . residential units=6 totaling 20,also,On Street parking is available per"Parking Study First Street Starr Pizza Variance Request"by William J.Scott,then Director of Community Development and Services,dated December 10, 1996.)due to reduced seating capacity from 28 seats to 20 seats in order to build an office in the Pizza Shop;per Plan of Land owned by Evros Realty Trust,Paul Dedoglou,trustee, 11-15 First Street,by Scat L.Gales,P.L.S.1113972,date: 9/30/2002,revised 10/2/2002, 12/10/2002,and 12/17/2002;and GRANT a Special Permit from Section 9,Paragraphs 9.1&9.2 to alter a pre-existing,non-conforming building on a pre- existing non-conforming lot to allow the applicant to reduce the size of his existing restaurant and change the use of the remaining space to office use per above Plan of Land,and Proposal For: Star Pizza,Proposed Multiple Business Use, 15 First Street,North Andover,MA 01845, Date:03-25-2002,Rev:03-26-2002,04-17-2002,plans A-1&A-2,by Gregory P.Smith, Registered Architect#8683,GSD Associates, 148 Main St.Building"A",N.Andover,MA 01845,on condition that change of usage of any of the residential,office,retail or restaurant units shall be submitted to the Building Commissioner for his approval. Absence of his approval will require a return to the Zoning Board. Voting in favor: William J. Sullivan, Walter F.Soule,Scott A.Karpinski,Ellen P.McIntyre,and Joseph D.LaGrasse. Pagel of 2 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North Andoveroe Na oT" ,H Office of the Zoning Board of Appeals 0r Community Development and Services Division 27 Charles Street /°.•� 'rG North Andover,Massachusetts 01845 'SSACeus�s D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 The Board finds that the applicant has satisfied the provisions of Section 9,Paragraphs 9.1 & 9.2 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood;and that the December 10, 1996"Parking Study First Street Starr Pizza Variance Request"of William I Scott,then Director of Community Development and Services,allows the finding that Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw, Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on,which the Special Permit was granted unless substantial use or construction has commended,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, ir. .. William J.Sullivan,Chairman Decision 2002-049. —0 t;:Z3L_I)C: Page 2 of 2 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-95.40 Planning 688-9535 Zoning: General Business District: Proposed uses are allowable. Existing Use: Restaurant 2,612 gfa @ 15 spaces /1000 = 39.18 spaces Residential - 3 Units @ 2 spaces /unit 6 spaces Total Req'd by current regulations = 45.18 spaces Proposed Use and Parking: Mixed Use - Residential and Business Uses: Exist Restaurant Downsized to 1 ,785 gfa @ 15 spaces /1000 = 26.77 spaces Retail Use as Nail Salon: 415 gfa @ 5/1000 = 2.07 spaces Office Space 412 gfa @ 1/300 gfa = 1 .37 spaces Residential Use: 3 Units @ 2/unit = 6 spaces Total Required by Current Regulations 36.21 spaces Parking Provided: The total parking spaces required for the existing use is 45.18 spaces and the proposed uses requires a toal spaces of 36.21 spaces. The existing use is non conforming from this standpoint of parking. The proposed "Change in Use" will lower the required parking by approximately 9 spaces or approximately 20% from 45.18 spaces to 36.21 spaces. F �f L v 1 9 z0oz BOARD OF APPEALS 1 P. rs � G"/ �• S •D v ASSOCIATES CONVERT 3-SEASON PORCH TO FINISHED ROOM. _ BR Q m N TENANT #4 NCO 680 SF Gm� —� 8" U C9 N Q z z � o� IN NEW BATHROOMS o UP _ PROVIDE GRAB.BARS,. DN PAPER DISPENSERS. ^Z ~ CLOSET t`p MIRRORS AND FIRE OF MIRRORS ALARM STROBE AS UP b REQUIRED. u� BRE3 7 FRG. BUILD WALL FLUSH TO WALK-.N QD ~ TENANT43 BUMP-OUT, FINISH AS COOLER w 296 SF CONTINUOUS SURFACE FCE RESTAURANT STORAGE OF1 - n °L_ AND MOUNT NEW GRAB- i ♦M / t BAR. NEW DOOR ,'L•NIK EXIST.STAIRS ':WST ® w PREP O EXISTING / I ♦\ BATHROOM ! ACCESSRILL PREP t BATHROOM I d \ I \ i / I ACCESSIBLE OVEN WORKSPACE \ 1 i BATHROOM 1 GRILL j I [� <ITCHErN 1' 4 3/4 y L 5 FRY 1 ° NEW SINKS I TYPICAL b FRY O I �tEl,I i o y � LL t I ` TENANTtt2 -tel 386 SF TENANT UlIn STAR PIZZA W I,S86 SF inz M M b SHELF SHELF SHELF SHELF I J f r a I �.wo mow ¢ ww - �ILQS a QoIL LL0 LEGEND DATE:03-25-2002 ® NEW WALLS REV: 03-26-2002 EXISTING WALLS PRELIMINARY NOT /`1 No. FLOOR PLAN-MULTIPLE TENANTS p 2ooi GwAssocia:es FOR CONSTRUCTION SCALE:V1 =I-0' - 1 . �w 1 PLAN OF LAND IN NORTH ANDOVER, MASS. OWNED BY EVROS REALTY TRUST PAUL DEDOGLOU, TRUSTEE SCALE. 1"=20' DATE:913011002 NOTES:SEE ASSESSORS MAP 29 LOT 46, 1011/2002 DEED BOOK 1774 PAGE 250, 12/1012002 ZONING DISTRICT IS GB. 12/1711002 O' 20' 40' 60' 12 PARKING SPACES SHOWN ON PROPERTY. Sif Ali Of '85' NfFELss 0 6 � G C.4 G s Co - L1� N TY RRIER L::QA1S7: ?2 fr r cISTE��� �—_. 6 N,ARIGNC SPACE �t a gS ATI sx�8'I I I ' I I , EXISTING 6X6' W DlJMPSTER E)(/ST/NG NEW LOCATION DE 5XX BIT. CONC. PAVEMENT a GREASE CONTAINER. 3 PARKING SPACES ' � T Lu0 97018' NOCA --i SPAQEPA N/F SIROTA RK/NNdd , AT 97Cf8' 187C18' i I I I 1-- _ 2 STORY `- w F., #911/2 MAIN ST. 5 PAD l EXISTING LOTS 3&4 TEP HSE. FIVD. 9471 S.F. Lu PLAN#285 N.E.R.D. ((o #95 (� MAIN ST. ' i STORY CL #17419 a Q ' #11-#15 L � 83.53' — — — 3 ARKING SPA C FIRST STREET No-(; 1 7 2002 i�J 3 ARKING SPAC BO D OF APPEALS STREETSPACES.1 THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER BOARD OF APPEALS THE PROPERTY LINES SHOWN ARE THE LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNE SHIP OR AY ARE SHOWN ! ,`l 77zooZ. DATE OF FILING: DATE OF HEARING: DATE OF APPROVAL: