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HomeMy WebLinkAboutMiscellaneous - 1725 TURNPIKE STREET TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS Tr PROCEDURE ` and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND I for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE:. The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant for a hearing date and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest(abutters)and for publication in the newspaper, The petitioner is be submitted thirty (30) days not later than noon notified that the legal notice has been prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. r the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7:DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPERIPARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be comuletedby the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: 'PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: receivers a Permit Denial form completed..by the The petitioner should appear in his/her behalf,or be Building Commissioner. represented by an agent or attorney. In the absence of 'k any appearance without due cause on behalf of the t STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: DECISION: as required in items 1 through and including 11 shall be completed. After the hearing,a copy of the Board's decision will be i sent to all parties in interest. Any appeal of the Board's i decision may be made pursuant to Massachusetts Step 3: PLAN PREPARATION: General Laws ch.40A sec. 17,within twenty (20)days Petitioner submits all of the required plan information as after the decision is filed with the Town Clerk. cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION PLANS. Petitioner submits one (1) original of all the required i information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex certifying the time and date of filing. The remaining ten County North Registry of Deeds,Lawrence copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST: c. Once the petitioner submits all of the required cD � � p q ca r = information, the petitioner requests from the Assessors `-- c-a Office a certified list of Parties in Interest(abutters), y nw ., z A- o cn Cz% Z5 w IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS :.. - - - - - 1. Petitioner: Name, address and telephone number: A.L. Prime Energy, Inc. 319B Salem Street , Wakefield, MA 01880 ( 781 ) 246-0201 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of ears under this ownershi Y p A.L. Prime Energy, Inc. 319B Salem Street , Wakefield, MA 01880 ( 781 ) 246-0201 Years Owned Land: two (2 ) years 3. Location of Property: a. Street: 1725 Turnpike Street Zoning District General Business (GB) b. Assessors: Map number 10 7 B Lot Number: 56 c. Registry of Deeds: Book Number 104 Page Number: 381 (Registered Land) 1 4. By-Law Sections under which the petition for the Special Permit is made. North Andover Zoning By-Law Section 9 , Paragraphs 9. 1 and 9. 2 Section 6, Paragraphs 2, 6 and 7. 1 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: Applicant seeks 'a Special Permit to allow the continued use of a free standing ground sign which he constructed in 2000 on the site of his motor vehicle fuel j dispensing service station and mini-mart . The proposed use is in harmony with the general purpose and intent of the By-Law. A literal enforcement ot the By-Law _would involve substantial detriment to the Petitioner and thatdesirable l relief may be granted without substantial detrimento tne puBitc gooC and *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. Pagd 3 of 4 Application for a SPECIAL PERMIT Y x,83 r +n NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side`A Side B Rear 23567 % 390- Al 26_ 6 77'-_ 2M2 so. o /o * All required dimensional variances and Special Permit were granted by the b. Proposed Lot (S): North Andover Zoning Board of Appeals on June 29, 1999, see copy of Decision attached hereto. Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear Not Applicable % o� r c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25 , 000 % 2501 10_ 40, 40 ' 401 **Allre wired dimensional variances and Special Permit were granted by the 7. a. Existing Buildings: North Andover Zoning -Board of Appeals on -June 29 , 1999, see copy of Decision attached hereto Ground Floor Number of Total se of Number i Square feet Floors Sq.feet Building* of Units i *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. 4 i B. Proposed Buildings: i Ground Floor Number of Total Use of Number E Square feet Floors Sq.feet Building* of Units i F e *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. i k r 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. it shall be the responsibility of the petitioner to 6 fumish 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 alZZoningrd filing and legal notification. failure to comply with application requirements, as cited herein and in the Rules and Regulations may resuit ina dismissal by the Zoning Board of this application as incomplete.Si nature Type above name (s) here Domenic Scalise . attorney for Applicant _ 89 Main Street North Andover, MA 01845 (978 ) 682-4153 i PAGE 4 of 4 Application for a SPECIAL PERMIT . ,: u,.; �;Pa"*m,,^ .;'sr`e w', .�• ._ <y<.,,- ._rv? .. '-'r-ate *','^k". .rs' a s.. e.. skr.k;:.r. 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case A. Site Orientation shall include: of a Special Permit when the following points, based on MGLA ch. 40A,sec. 9 of the North Andover Zoning By-Law 1. North point 2. zoning district(s) and P 9.2 Special Permit Granting Authority shall be clearly 3.identified and factually supported: Addressing each of the 3. names of streets 4. wetlands to be shown on plan (if applicable) below points individually is required with this application. 5. abutters of property,within 300 foot radius 6. location of buildings on adjacent properties within 1, The particular use proposed for the land or structure. 50'from applicants proposed structure p p 7. deed restrictions, easements 2. The specific site is an appropriate location for such B. Legend&Graphic Aids: use, structure or condition. 1. Proposed features in solid lines&outlined in red 3. There will be no nuisance or serious hazard to 2. Existing features to be removed in dashed lines vehicles or pedestrians. 3. Graphic Scales 4. Adequate and appropriate facilities will be provided for 4. Date of Pian the proper operation of the proposed use. 5. Title of Plan b. The use is in harmony with the purpose and intent of 6. Names addresses and phone numbers of the the zoning by-law, applicant, owner of record, and designer or 6. Specific reference and response to the criteria surveyor. required by the particular special permit for which this application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal Major Projects shall require that in addition to the above requirements). features, plans must show detailed utilities, soils, and 10. Plan of Land topographic information. A set of building elevation and Each application to the Zoning Board of Appeals shall be interior of building plans will be required when the ppl I application involves new construction/conversion and/or a accompanied by the following described plan. Plans must proposed change M use. Elevation plans for minor be submitted with this application to the Town Cleric's projects including decks, sheds,&garages shall be Office and ZBA secretary at least thirty (30)days prior to included with a side view depicted on the plot plan, the public hearing before the Zoning Board of Appeals. P which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES Major projects are those which involve one of the following A. Notification Fees: Applicant is to send b certified whether existing or proposed: a)five or more parking pP y spaces, b)three or more dwelling units,and mail all legal notices to all abutters, and then c}2000 square feet of building area. supply proof of mailing to ZBA secretary. Applicant is Minor projects that are less than the above limits shall to supply stamps (appropriate current postage)for require only the plan information as indicated with mailing of decisions to all parties of interest as identified in MGLA ch.40A in sec. 11 as listed on the asterisks (*) In some cases further information may be application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one (1)set of addressed 10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per application. EMENESEEMSEEM b) Plan prepared by a Registered Professional Engineer and or Land surveyor, with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two (2)years 9 not exercised and a new petition must be submitted. Description of Finding Requested Applicant previously obtained all necessary dimensional variances and a Special Permit from the North Andover Zoning Board of Appeals on June 29, 1999, in order to operate a motor vehicle service station/mini mart on the premises (see copy attached hereto). The prior owner obtained a variance from the North Andover Zoning Board for the then existing signs, but never recorded the decision at the North Essex Registry of Deeds and the variance lapsed. The Board of Appeals did not approve the existing two (2) non-conforming signs on June 29, 1999 and they were subsequently removed by the applicant. The applicant filed a sign permit application on or about October 15, 2000 for a single free standing sign with proper set back, proper size and proper lighting. A color drawing of the proposed sign was submitted on October 15, 2000 along with the application. At the time of the erection of the sign the applicant also obtained a wiring permit and foundation permit from the town. The applicant wants to continue to use the free standing sign. NparH 16 K •� V V NORTH AN 0 NORTH ANDOVER JUL 22 Int ®04*00 OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET A."z., :2NORTH ANDOVER,MASSACHUSETTS 01845 FA,X O78j 688-9542. Any appeal shall be filed within(20)days after the date of filing of this notice NOTICE OF DECISION in the office of the Town Clerk. Property at:1725 Turnpike St. NAME:A.L. Prime Energy, Inc. 3198 Salem St. DATE.6/29/99 ADDRESS: 1725 Turnpike St. PETITION:019-99 North Andover, MA 01845 HEARING:6122199 The Board of Appeals held a regular meeting on Tuesday evening, June 22, 1999 upon the application of A.L. Prime< Energy, Inc., 3198 Salem St.,Wakefield, MA for premises at: 1725 Turnpike St.,North Andover,requesting Variance from(Section 6, Signage, P 6.1,6.6 A&D and(Section 7,Dimensional Requirements, P 7.1 lot size&7.3 setbacks)and(Section 8, Supplemental Regulations,P 8.2 Auto Service Station)in order to remove existing motor fuel facility to make it similar and competitive with other businesses located elsewhere in town and along Rte.#114. And for a Special Permit from the requirements of Section 9, P 9.2 to altar existing non-conforming building and add canopy over gas islands and for allowance of 2nd sign within the G-B Zoning District: The following members were present:William J. Sullivan,Walter F.Soule, Robert Ford,John Pallone&Scott Karpinski. The hearing was advertised in the Lawrence Tribune on 5/25199&611199 and all abutters were notified by regular mail. No persons appeared in opposition to the petition. Upon a motion made by Robert Ford and 2'by John Pallone, the Board agreed that signage should be in full compliance with Section 6 of the Zoning Bylaw,bn the condition according to the revised Plan submitted by Anthony Guba, P.E., Registered Engineer,#32727,dated:April 22, 1999,as per revised drawings:C1, C2,2&3 the Board voted to GRANT a Variance from the requirements of Section 7, P 7.1 &7.3,&7.8 relative to the following: To allow relief of a setback of 100'from Rte.#114,the lot is only 90 feet deep at deepest point;the proposed canopy is only 14'6"from front property line. To allow relief of a setback of 25'plus 15 additional for abutting residential zone from rear line,both the existing building and proposed canopy do not meet these setbacks. To allow for a 15'buffer along property line abutting a residential zone.To allow a 50'setback from residence`district,and limit driveways to 30'wide which is not met as existing driveways exceed this,one being 73'and the other being 50'. And to GRANT a Special Permit for Section 9, P 9.2 to allow a canopy(s)diesel and there shall be no signage on the canopy(s). Voting in favor. William J.Sullivan,Walter F. Soule,Robert Ford,John Pallone&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 the granting of these variances Y411 not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. ti, Y Vill _)I-:\P!"::\LS ci y-itYl l3C'ILUI\CiS CONSIERVATIOL G8S-9530 111-:)LLT1i bS'R-95.10 t Decision for: A.L. prime Energy, Inc.for property at: 1725 Turnpike St.continued 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions,shape,or typography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and 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 this Bylaw. SPECIAL PERMIT The Board finds that the applicant has satisfied the provision of Section 9 parah 9.2 of the Zoning Bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing non-conforming structure of the neighborhood. Board of Appeal , A— I U.— William J.Sulli an,Chairman, Zoning Board Appeals, ml/1999decision/15&16 Page 2of2 i s Wcc W W Q � z o aU U DOUBLE FACED EXTER NALLY ILLUMINATED PYLON SIGN 4X12-6"FABRICATED ALUMINUM SIGN CA5INE7'WITH REFLECTIVE YELLOW SCOTCHLITE BACKGROUND WITH SLUE SCOTCHLITE GRAPHICS& 15"CONDENSED SLACK NUMERALS INSTALL ON EXISTING SIGN POLE SEE COPYRIGHT NOTE BELOW CUVAELR SCALE SKETCH n SALESMAN R.BATTEN APPRO BATTEN BROS• JOB DESCRIPTION DATE lg 02 BY K eADRAWN — " Sign Advertising NOTE This Is an original copyright drawing created by and owned by Batten Bros.,Inc. It is submitted for your personal use in connachon with o protect being planned for you by Batten Bros,Inc. 893 MAIN STREET, WAKEFIELD, MA 01880 LOCATION CITY, STATE It Is not to be shown to anyone outside your organization,nor Is It to be use4 reproduced,copled,or exhibited in any fashion. (781) 245-4800 Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters Listing REQUIREMENT; MGL 40A, Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or private street or way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town,the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property,list by map, parcel,name and address(please print clearly and use black ink.) MEP PARCEL NAME ADDRESS ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS V7d / ' 7Jc�u� .F �UAuc�r Amy /14 160Si3o 4tZ11 I- /07 /Q7 13 /9 /Z C. aw(alf-f-P I vZ.tie -33 . WAcK n ,&Ad >EY7�3 �� Afth &dloim V 01fe- �j& of `Yh&.rAGJ ut€Ar */O o: 0.44 iAxfd Y f .W�bvufd a h F�w�rca rs C /3as ,► 7h�} 0.�.?oa /YhAr,i9 187 13 013 -�hoV e: Fi a t' b Ii�eNa Jt �r g� � 9S I4xtll /I,c�tovcr, �'m/6�s L&7 i3 Baa �C. d (uF�i �'N6�/2 /S M'baN/,o t 4uyyu� Noc:�h A�+dovsrr, 7yig ,0�f�3' Til NAJ`F A-'MK1r4 . F/JUG �9 of©uor►� /�ufiv�. THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE'ASSESSORS OMCE`BY: DATE SIGN PAGE OF Ortified by � ' pKtifi Dt�e 14 Or,2 B of ASSe�or N h Andover' go d of Asse N Andover Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street ��$�c►ws ` D. Robert Nicetta P { }978 North Andover,Massachusetts 01845 Telephone 688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover,Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 12"'of November 2002 at 7:30 PM to all parties interested in the appeal of A.L.Prime Energy,Inc.,319B Salem Street,Wakefield,MA 01880 for premises at: 1725 Turnpike Street,North Andover,requesting a Special Permit under Section 9,Paragraphs 9.1 and 9.2 to end the use of a pre-existing,non-conforming lot;and Section 6,Paragraphs 6.2,6.6,and 6.7 in order to continue using a free-standing sign. The said premise affected is property with frontage on the Southwest side of Turnpike Street within the GB zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover,MA Monday through'Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J.Sullivan,Chairman Published in the Eagle Tribune on October 29&November 4,2002. Legalnotice 2002-052 C 00 r>« :�o co U'• W CJ J BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North AndoverN°RTS Of ° 'old Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'ss+crag 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 A Ana f- ' date of filing of this notice in the office of the Town Clerk. Pro at: 1725 Turn ike Street o r^ 4' NAME: A.L.Prime Energy,Inc.,319B Salem Street, HEARING(S): Dec.10,2002&LApri . y Wakefield,MA 01880 16,2003 CD" ADDRESS: for premises at: 1725 Turnpike Street PETITION: 2002-052 North Andover,MA 01845 TYPING DATE:April 23,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday,at 7:30 PM upon the application of A.L.Prime Energy,Inc.,319B Salem Street,Wakefield,MA 01880 for premises at: 1725 Turnpike Street,North Andover,requesting a Special Permit under Section 9, Paragraphs 9.1 and 9.2 to extend the use of a pre-existing,non-conforming lot;and Section 6, Paragraphs 6.2,6.6,and 6.7 in order to continue using a free-standing sign. The said premise affected is property with frontage on the Southwest side of Turnpike Street within the GB zoning district. The following members were present: Walter F. Soule,Robert P.Ford,John M.Pallone,Ellen P. McIntyre,and Joseph D.LaGrasse. Upon a motion made by John M.Pallone and Td by Joseph D.LaGrasse,the Board voted to GRANT the request for a Special Permit from Section 9,Paragraph 9.1 and 9.2 to extend the use of a pre- existing,non-conforming lot;and Section 6,Paragraphs 6.2,6.6,and 6.7 to allow the continued use of a free standing ground sign on the site of the motor vehicle fuel dispensing service station and mini- mart according to the Site Layout Plan of 1725 Turnpike Street,North Andover,Mass,prepared for A. L. Prime Energy,Inc.,319B Salem St,Wakefield,Mass,dated 10/9/02 by Anthony Guba,P.E.#0160 and R.P.C.E.#32727. Voting in favor: Waiter F.Soule,Robert P.Ford,John M.Pallone,Ellen P. McIntyre,and Joseph D.LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 and 9.2;and Section 6,Paragraphs 6.2,6.6,and 6.7 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. 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 2003-052. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover t VIORT11 O "Lao Office of the Zoning Board of Appeals 7!1 Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 C 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 2002 date of filing of this notice in the office of the Town Clerk. Property at: 1725 Turnpike Street NAME: A.L Prime Energy,Inc,318B Salem Street, DATE: July 16,2002 Wakefield, MA 01880 ADDRESS: for premises at: 1725 Turnpike Street PETITION: 2002-028 North Andover,MA 01845 HEARING: 7/9/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 9,2002 at 7:30 PM upon the application of A.L.Prime Energy,Inc.,3 1 8B Salem Street, Wakefield MA 01880,for premises at 1725 Turnpike Street,North Andover requesting a Finding as a Party Aggrieved of the Building Commissioner's decision that the applicant is in violation of Section 6,Signs and Sign Lighting Regulations of the Zoning Bylaw within the GB zoning district. The following members were present: William J.Sullivan,Walter F.Soule,Robert P.Ford,Scott A. Karpinski,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by Walter F.Soule,and 2nd by Ellen P.McIntyre,the Board voted to allow the petitioner to WITHDRAW THE PETITION WITHOUT PREJUDICE,and resubmit for the August 13,2002 meeting. Voting in favor of the withdrawal: William J.Sullivan,Walter F. Soule, Robert P.Ford,Scott A.Karpinski,and Ellen P.McIntyre. Town of North Andover Board of Ap 1S, William J.A)ilfi—van,Chairman Decision2002-028 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535