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�Var E3Sr 13 Finding E3408
Hearing dim on:
Decr,ion due on:
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RECEIVED
JOY E BRADSHAW
T WN CLERK
TM 9 NORTH ANDOVER
DEC Z 9 21 AN 19D
9SSACHUSEt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Any Appeal shall be filed
within (20) days after the
date of fiting 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,
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 of Appeals,
William Sullivan, chairman
Town of North Andover of NORTfy ,
OM' CE'OF Fra y`'«�o 'e. tiO t^
O
COMMUNITY DEVELOPMENT AND SERVICES p
146 Main Street
North Andover,Massachusetts 01845
WILLIAM J. SCOTT
9SSA C HUSEt
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 ;n 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.Firs+" 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 25% 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 12 3 -P - „ .. 0, 3 ,.G :
4 , .y. : 1p ., 20..`;.. '07
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
12/5
12/5 3:00 PM 2 5 6 11 22 5.5
12/6 8:30 am .2 6 5 11 22 5.5 11
12/6 11:30am u �4 6 10
12/6 ,n:` 3:30 PM ��� � ��;
12/6 ,,. 4,.- ;, `; ' 5-
- 9
6 7 13 26 6.5 13
12/7 10 am 1 4 1 5 10 2.5 5
12/7j�j
�10, 2 5, _.,12/7 2PM 1 11 15 30 7:5 ✓ 1512/7 4PM 2 16 32 8 16
12/9 -- '_
23 4 ,- 6
12/9 3:15 PM 2 5 8 13 26 6.5 13
Total Average 1.16 5.55 5.30 1 10.83 21.665.4 10.83
Avera a for Peak 0.3 4.3 ' 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 would 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
RECC.IV:t
JOYCE SRAdSH4W
NORTHWN CLErjX
4HDDVER
Received by Town Clerk: AUG 20
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD APPLICATION FOR RELIEF O
FFROM PTHE SZONING ORDINANCE
Applicant Evros T�z-ilty Trust
—_Star Pizza Address 11-15 F'rct St
Tel . No. 6_ a Qtl7�
1 Application is hereby made :
a) For a vari c from the requirements of Section
Paragraph and Table
of the Zoning Bylaws .
b) For a special Permit under Section
of the Zoning Bylaws . Paragraph-
c) As a Party Aggrieved, for review of a
decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land —X_ and building (s)
numbered _
~` Street .
b) Premises affected are property with frontage on the
North ( ) South ( ) East ( ) West ( ) side of
Street . -First—
Street,
Firs .Street, and known as No. ll-15 First St.
Street .
c) Premises affected are in Zoning District8
premises affected have an area of feet . "' and the
and frontae of square feet
5 of 8
Rev. 06 . 05 . 96
3 . Ownership :
a) Name and address of owner (if joint ownership, give all
names) :
Evros Malty Trust, Paul Dedoglou Trustee 675 Foster St. N. Andover
Date of Purchase /q f)9 Previous Owner
b) 1 . If applicant is not owner, check his/her interest
in the premises :
Prospective Purchaser Lessee Other
2 . Letter of authorization for Variance/Special Permit
required.
4 . Size of proposed building: front ; feet deep;
Height stories; feet .
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) Type of construction:
5 . Has there been a previous appeal, under zoning, on these
premises? no If so, when?
6 . Description of relief sought on this petition To Aller 66 seats for
Star Pizza
7 . Deed recorded in the Registry of Deeds in Book Page
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows : (must be stated in detail)
The pizza shop that I a m is in need of more space and therefore I want to take
the h , section of my building and put seats in_for up to 66 people. In the past
the 7 st-ori es had many seats. I have 18 Parking spaces in the rear of the building.
I agree to pay the filing fee, advertising in newspaper, and
incidental expense
JO 10
g t e of Petitioners)
6 of 8
Rev. 06 . 05 . 96
LIST OF PARTIES OF INTEREST: PAGE OF
SUBJECT PROPERTY
MAP PAR # NAME ADDRESS
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CERT. BY :
DATE: /�/.I- ���
LIST OF PARTIES OF INTEREST: PAGE OF
SUBJECT PROPERTY
MAP PAR # NAME ADDRESS
ABUTTERS:, {�
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CERT. BY -t- i,t
DATE: j�?'/ /*
P, a `
DOMENIC J. SCALISE
ATTORNEY AT LAW
89 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
TELEPHONE (508) 682-4153
FAX (508) 794-2088
October 8, 1996
North Andover Zoning Board of Appeals
North Andover, Massachusetts 01845
RE: PAUL DEDOGLOU, TRUSTEE
EVROS REALTY TRUST
STAR PIZZA
11-15 First Street
North Andover, Massachusetts 01845
Dear Members of the Zoning Board of Appeals:
Concerning the applicant's request as a party aggrieved from a decision of the Building
Inspector and a request for a variance from Zoning By-Law Section 8.1, Paragraph 8.6, this letter
will confnm that the applicant and its representatives appeared before the North Andover Zoning
Board of Appeals at its regular meeting held on September 10, 1996. Discussion was held on
the applicant's request for a variance and the applicant and the Board agreed to continue the
hearing of this matter until the next regularly scheduled Board meeting in October.
Request is hereby made on behalf of the applicant that the hearing scheduled for Tuesday,
October 8, 1996 be continued until the next regularly scheduled hearing in November. The
reason for this request is the applicant is attempting to obtain necessary information for a full
presentation of this case.
The applicant hereby agrees to waive the Zoning By-Lwv period of time in which the
Zoning Board of Appeals must make its decision, during the pendency of the public hearings on
this matter.
Very truly yours,
Domenic J. Scalise
DJS/pc
cc: Paul Dedoglou, Trustee
Mr. George Schruender
P
DOMENIC J. SCALISE ATTORNEY AT LAW C(DPY
89 MAIN STREET
NORTH ANDOVER. MASSACHUSETTS 01845
TELEPHONE (508) 682-4153
FAX (508) 794-2088
October 8, 1996
North Andover Zoning Board of Appeals
North Andover, Massachusetts 01845
RE: PAUL DEDOGLOU, 'TRUSTEE
EVROS REALTY TRUST
STAR PIZZA
11-15 First Street
North Andover, Massachusetts 01845
Dear Members of the Zoning Board of Appeals:
Concerning the applicant's request as a party aggrieved from a decision of the Building
Inspector and a request for a variwice from Zoning By-Law Section 8.1, Paragraph 8.6, this letter
will confirm that the applicant and its representatives appeared before the North Andover Zomig
Board of Appeals at its regular meeting held on September 10, 1996. Discussion was held on
the applicant's request for a variance and the applicant and the Board agreed to continue the
hearing of this matter until the next regularly scheduled Board meeting hi October.
Request is hereby made on behalf of the applicant that the hearing scheduled for Tuesday,
October 8, 1996 be continued until the next regularly scheduled hearing in November. 171e
reason for this request is the applicant is attempting to obtain necessary information for a full
presentation of this case.
The applicant hereby agrees to waive the Zoning By-Law period of tune in which the
Zoning Board of Appeals must make its decision, during the pendency of the public hearings on
this matter.
Very truly yours,
Domenic J. Scalise
DJS/pc
cc: Paul Dedoglou, Trustee
Mr. George Schruender
Town of North Andover 'f NORTH ,
OFFICE OF �?o` , t �o0
COMMUNITY DEVELOPMENT AND SERVICES ° . p
146 Main Street x
North Andover, Massachusetts 01845
WII.LIAM J. SCOTT SSACHUS�t
Director
f
Memo r anduLT-n
To : Joseph V. Mahoney, Chairman
Planning Board
From: William Sullivan, Chairman
Zoning Board of -,00eals
Re : Evros Realty Trust
1i-15 First Street
On September 10, 1996 petition 031-9c- applicant o= -7-7,os
Realty Trust (Start Pizza) of 11-1S rst Street was presented to
the Zoning Board of Appeals for a variance from the Zoning Bylaw
8 . 1 Para 6 . The request was for additional parking for the
expansion of the restaurant kncwn as Star Pizza. The p'_ans as
submitted was for a total of 66 seats . Presently 18 seats are
authorized. This petition would be for 48 additional seats which
would result in 24 more narking spaces . There is no additional
land owned by Evros Realty Trust (Mr. Paul Dedoglou, Trustee) for
added parking needed. The petitioner was told that any five or
more additional parking ' spaces required a special permit bpi the
Planning Board per site plan review section 8 . 3, para 2, sub para
III .
Petition 031-96 was continued by the Zoning Board of Appeals
to allow Mr . Paul Dedoglou to request the Planning Board for a
special permit, before any action is taken on this variance by the
Zoning board.
cc: Kathleen Bradley Colwell
Robert Nicetta
William Scott
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
DOMENIC J. SCALISE
Tp, 1�330
ATTORNEY AT LAW
89 MAIN STREET
SEP NORTH ANDOVER, MASSACHUSETTS 01845
Cr ITELEPHONE (508) 682-4153
FAX (508) 794-2088
BOARD OF APPEALS September 11, 1996
North Andover Zoning Board of Appeals
North Andover, Massachusetts 01845
RE: PAUL DEDOGLOU, TRUSTEE
EVROS REALTY TRUST
STAR PIZZA
11-15 First Street
North Andover, Massachusetts 01845
Dear Members of the Zoning Board of Appeals:
Concerning the applicant's request as a party aggrieved from a decision of the Building
Inspector and a request for a variance from Zoning By-Law Section 8.1, Paragraph 8.6,this letter
will confirm that the applicant and its representatives appeared before the North Andover Zoning
Board of Appeals at its regular meeting held on September 10, 1996. Discussion was held on
the applicant's request for a variance and the applicant and the Board agreed to continue the
hearing of this matter until the next regularly scheduled Board meeting in October, subject to the
applicant reviewing its request with the North Andover Planning Board pursuant to Site Plan
review, if necessary.
The applicant hereby agrees to waive the Zoning By-Law period of time in which the
Zoning Board of Appeals must make its decision, during the pendency of the public hearings on
this matter.
Very truly yours,
Domenic J. Scalise
DJS/pc
cc: Paul Dedoglou, Trustee
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