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HomeMy WebLinkAboutMiscellaneous - 12 MASSACHUSETTS AVENUE 4/30/2018 (6) r CIA- I- r 4 '� I �• pN� �q°�° �" 6,,� �3' J' �1 3� � � � � � � � �� - LORTN 01 a CH j.• TOWN OF NORTH ANDOVER MASSACHUSETTS `< BOARD OF APPEALS Mobil Oil Corp. % Donald Cooper Hutchines & Wheeler /0 One Boston Place Boston, MA 02108 Date: March• 24 ,�6 1986 Dear Applicant: Enclosed is a copy of the legal- notice for .your application before the Board of Appeals . Kindly submit $ 5 .50 for the following: Filing Fee $ Paid Postage $ 5 . 50 i E Your check must be made payable to the Town of North Andover and i may be sent to my attention at the Town Office Building, 120 Main Street, North Andover , Mass . 01845. Sincerely, BOARD OF APPEALS 6d I Audrey W. Taylor, Clerk i Legal Notice TOWN OF NORTN ANDOVER BOARD OF APPEALS NOTICE o� MOeth �+ �.*";•_•tip March 17, 1986 Notice is the Board of ereby given that • � n Appeals will give a hearing at the Town Building, • North Andover, on Tuesday evening, the 8th day of April, ass^cNus�`� nate es ed n�k' to all parties Mobil Oil Corpthe appeal of variation of Sec. 1, Par. 7.3& Table 2 ad requesI, a 6.6(5)(d)of the Zoning By Law so as a Sec. 6, par. of new canopy and By within the 25'tse back and relocate Mobil logo-price sign to within 10'of Iront.and side setback. Installation of a new low level area light within the 25' setback requirements, front and side yards on the Premises, located at 12 Massachusetts Ave. By Order of the Board of Appeals Frank Publish N.A.Citizen:March 20&Ma ch 27, 1986Chairman h18 Legal Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE NORT" o� •, •�ti March 17,1986 3r o Notice is hereby given that < the Board of Appeals will give a a hearing at the Town Building, North Andover, on Tuesday �� -- evening, the 8th day of April, .•; ;:•�t� at 7:30 o'clock, to all parties �ss�cHusinterested in the appeal of Mobil Oil Corp. requesting a variation of Sec. 7, Par. 7.3&Table 2 and Sec. 6, Par. 6.6(5)(d)of the Zoning By Law so as to permit construction of new canopy and pumps within the 25' setback and relocate Mobil logo-price sign to within 10'of front and side setback. Installation of a new low level area light within the 25' setback requirements, front and side yards on the premises, located at 12 Massachusetts Ave. By Order of the Board of Appeals. Frank Serio,Jr.,Chairman Publish N.A.Citizen:March 20&March 27, 1986 h18 classifieds -4 HOUSEKEEPER AVAILABLE 0- 688-2607 688-2607 after 5p.m.� 231 CLEANING HOME OR OFFICE with the personal touch. Years of experience, references. 373-4254&373-2262. 246 PROFESSIONAL HOME and office cleaners. Reliable and insured. Reasonable rates. Judy's Cleaning Service.Call 373-2684. 258 -4 INSTRUCTION 10- READING READING SPECIALIST for the child or adult with special reading problems. S.A.T., S.S.A.T. Miriam Smith, M.A., Mass. licens- ed,683-6129. 6 Legal Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE UI MD.Th qti March 17, 1986 o Notice is hereby given that 3 the Board of Appeals will give a i o hearing at the Town Building, North Andover, on Tuesday - evening, the 8th day of April, ,�'-. :•�ti� at 7:30 o'clock, to all parties ls$ CHusf` interested in the appeal of Mobil Oil Corp. requesting a variation of Sec. 7, Par. 7.3 &Table 2 and Sec. 6, Par. 6.6(5)(d)of the Zoning By Law so as to permit construction of new canopy and pumps within the 25' setback and relocate Mobil logo-price sign to within 10'of front and side setback.Installation of a new low level area light within the 25' setback requirements, front and side yards on the premises, located at 12 Massachusetts Ave. By Order of the Board of Appeals. Frank Serio,Jr.,Chairman Publish N.A.Citizen:March 20&March 27,1986 1118 s 144 r 'CtiahT//; R e"o AMILM :W L St 1885 '� gCHUg�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE .March. .17. . . . . . .19.86 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. Tuesday . . evening. . . . . . . ... . . the 8th . day of . . .Apra,l. . . . . . . . . . . . . 10.86 , at 7.:.3&clock, to all,parties interested in the appeal of Mobi.l .Oi..l.,Corp. : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . requesting a variation of Seca!. .P a r. 7 . 3 & Tal on%ng 6 , Par: �6�:6 (5.) , By Law so as to permit. construction. of- new- canopy and pumps within the 25 '' front setback and relocate Mobil logo-price sign to within 10 ' of front and side setback•; •Installation of - a. new -low - level area light within the 25 ', setback requirements , front and side yards`. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . . . . 12 . Massachusetts Ave . By Order of the Board of Alpe Frank Serlo, Jr. , Chairman Publish in N. A. Citizen March 20 & March 27 , 1986 Bill to : Mobil Oil Co. , % of Donald Cooper, Hutchins & Wheeler, One Boston Place , Boston, MA 02108 i iAh. e.. Received by 'Town CLerk: RECEI%'FD DANIEL €_0NG TOWN CI,ERK NORTH PNDOVER MAR 13 1012 AM °86 TOVN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM TIIE. REQUIREMENTS OF THE ZONING ORDINANCE E6Aiinsl� �Rerer One Boston Place Applicant Mobil Oil Corporation Address Boston , MA 02108 1 . Application is hereby made: a ) For a variance from the requirements of Section7 . 3 Paragraph and 'fable 2 of the Zoning By Laws .and Section 6 . bTST(d ) . K4 For a Special Permit under Section—__Paragraph__—_of the Zoning By Laws . (X) 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 ) X _numbered 12 Massachusetts AvenueI� • b) Premises affected are property with frontage on the North (X ) South ( ) East ( ) West ( ) side of Massachusetts Avenue X$%%R7,kXXand known as No. 12 Massachusetts Avenue `_ � )Pk)X•XXX c ) Premises affected are in Zoning District G•B_,and the premises 173fected have an area of 21 , 600—square feet and frontage of feet . 3. ownership a ) Name 'and address of owner ( if joint ownership, give all names ) : c/o Donald Cooper , Hutchins & Wheeler Mobil 0f1 Corporation One Boston Place , Boston, MA 02108 Date of Purchase 1913 Previous Owner John J. Cahill b) If applicant is not owner , check his/her interest in the premises : Prosctive Purchaser Lesee Other (exo.lain) --- pe..canopy --- --- 4a Site of proposed 5iXMYdOff4: 19 '_8" front ; 24 '_4" __feet deep; Height 1 stories ; 14 feet . — a ) Approximate date of erection: as soon as possible b) Occupancy or use of each floor : canopy for gasoline pumps - c ) Type of construction: f lat steel canopy 5 . Size of existing building: 48 ' 6" _ feet front ; 27 ' _feet deep; Height 1 stories ; 14 feet . (the existing building will remain on ------- ------- site . a ) Approximate date of erection: 1963 b) Occupancy or use of each floor : gasoline station c ) Type of construction: flat roof b. Has there been a previous appeal , under zoning , on these promises? yes --_ If so, when? January 16 , 1962 (copy of opinion and decision attached hereto) I I 7 , Description of relief sought on this petition see attached statement ------------ ----- 8. Deed recorded in the Registry of Deeds in Hook 1112, Page Ili Land Court Certificate No. Book PZcjc --- ------- The principaL points upon which I base my appl-ication arc as follows : (must be stated in detail ) see attached statement -------------- ------ ------------------------------------- --- ------ I agree to pay the filing fee , advertising in newspaper , and incidental expenses* Sig ture of Petittoner (s ) Every application for action by the Board shall be made on a form approved by the Board . These forms shall 'be furnished by the Clerk upon request . Any communication purporting to be an application shall be treated as mere notice of intention to seek rel.icf until such time as it is made on the official application form. AL1 information called for by the form shall be furnished by ;the applicant in the manner therein prescribed . Every applicatibn' shall be submitted with a list of "Parties In Interest" whic}Z List shall .-knclud.(? the petitioner , abutters , owners of land directly opposite on any public --or private street or way, and abutters to the abutters within three 'hundred feet ( 300 ' ) of the property line of the petitioner as thdy 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. *Every application shall be submitted ,jith an application charge cost in the amount of $25 . 00. In addition, the petitioner shalt be responsible for any and all costs -involved in bringinq the petition before the Board . Such costs shall include mailing and publication, but are not necessarily limiecd to these , Every application shall be submitted with a plan of land approved by the Board . No gctition* will be brought before the Board unless said plan has been submitted . j,opies of the Board ' s requirements regarding plans are attached hereto or are available from the Boacd of. Appeals upon request . LIST OF PARTIES IN INTEREST /1 . Name Address 1/ 1 . Ronald H. White 73 Winter Street , North Reading , L11A 01864 2 . David B. & j,eona M. Hollins 12 Hamilton Rd, North Andover , MA 01845 4''' 3 . Patob Realty Trust , 1 Massachusetts Ave . , N. Andover , MA 01845 William O' Baiie,n, Trustee 4 . Office of the. Mayor_ , City of Lawrence, 200 Common St ,Lawr.ence, MA 01840 (use additionaL sheets if nocessary ) I Application of Mobil Oil 7. Description of relief sought on this petition. Relief is sought on . the following items . 1 . Mobil wishes to erect a canopy over the pumps at this gasoline service station and replace the existing pumps . There is a valid variance for this property (a copy of which is attached to this application) which allows construction of a canopy and pumps within the 25 foot front yard setback area . With regard to the new pumps , they are to be installed at the same locations as the existing pumps . Mobil submits that installation of the new pumps (which are not substantially different from the existing pumps for zoning purposes) is merely maintenance and replacement of existing equipment under the existing variance. As such, Mobil seeks the permission of the Board to install, the new pumps pursuant to the existing variance. With regard to the new canopy, it is larger and higher than the existing canopy which is allowed by the existing variance . However, the existing variance allows Mobil to have a canopy within the front yard setback area and Mobil seeks the permission of the Board to replace the existing canopy with the new canopy. In the alternative to the above requests , Mobil seeks a variance to X7 . 3 of the zoning by-laws to construct the proposed pumps and canopy within 25 feet of the front lot line . 2 . Mobil wishes to relocate the existing Mobil logo-price sign on its premises from its present location in the center of the front yard to the easterly front corner of the lot . The proposed location is within 10 feet of the front and side lot lines . The proposed sign therefore does not comply with Section 6 . 6(5) (d) of the zoning by-law which requires 10 foot setbacks from each line. Mobil therefore requests a variance from that requirement . 3 . Mobil proposes to install a new low level area light in the easterly front corner of the lot, to replace an existing twin fixture area light . Since the new light will be within the 25 foot setback requirement for front and side yards , Mobil requests variances from those requirements . The principal points upon which Mobil bases its application are as follows : y If the Board finds that the proposed pumps and/or canopy may be constructed pursuant to the existing variance, this does not constitute zoning relief and Mobil believes that no other express findings of the Board are required with respect to the proposed pumps and canopy. The points upon which Mobil ' s requests for variances are based are as follows . These arguments would apply to the variances requested for the proposed pumps and canopy, if the Board finds that those proposed structures are not subject to the existing variance. In any case, these points apply to the variances requested for the relocated Mobil sign and the proposed area light . The points in favor of granting the requested variances were enumerated in the decision of the Board granting the 1962 variance for this property (a copy of which is attached hereto) . Therein, the only possible business use of this parcel is for a small business such as a gasoline station which may require business activities to be carried out in the front yard of the parcel . The parcel is not deep enough to permit the 25 foot front yard setback requirement to be honored. Additionally, with regard to the variances for the pumps and canopy, the gasoline business is a competitive one, requiring periodic upgrading of service equipment (i .e. pumps) and facilities to make the station a comfortable and attractive one for the public to use (ie. the canopy) . The proposed pumps are modern and stylish, and function faster than the existing pumps, allowing quicker service. The proposed canopy will protect the customers and their cars from the elements while service is performed. These improvements are mandated to keep this station' s customer base in the face of competition having modernized facilities such as the Shell Oil station directly across the street , which has a canopy subject to a variance granted by the Board. The variances for the sign and area light are required because any signage and lighting to allow customers to identify the station and light the grounds for safe passage onto the property must be in the front of the station to be effective. Location further back on the lot or to the center of the lot would interfere with safe traffic flow, because of the small size of the lot . Mobil requests that , for these reasons , the Board find that owing to circumstances relating to shape and size of the property and to existing structures but not effecting the zoning district in general, a literal enforcement of the provisions of the zoning by-law will involve substantial financial hardship to the applicant and that desirable relief 2 - may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning by-law. I f - 3 - • � �,_...f r rc �A fj R Ja==y 22, 1 Dear airs The f olloving petition vao heard at a meting of the: Board of Appeals on I.bnday evesning, January 15, 19M at the Tom 0fti.ce 13ididing. Hambers present and voting gores �Da�niel T. O'Leary, Chairmn; 33arold ;forloy, ScaretaxV Robert J. Eurkog E*H=277 . Lund and Associate fiber Alfred 130e613n who-sat in place. of regular rssmtber MmSrd GU=n. Ti ter Oil Com requested a vari.ati.on of Sm. 6, yora. 6.41 wA Sec. 70 Pa. 7.3 of the Zoning 4"av 80 a's to permit the Motion and operation of a gaaolift set lift station, on tine pre-idso:39 ?ccated at the northenat side of Vlhssgchv€totte Avsuwy XO abet, ap3v0x., distant fmm the corner of Torry 'ktareet. Tide pubio hmrlm Uns ed"rtisled in the Earle—Tribune on Deco&wr 23, 19GJ and d ll 5, 19620 Aabutters were duly notified by ce�rti.fl d mil 'of this hearing. M'. Wph Wsrislgton, rest estate representative for Tidewater oil Co.; and ptr., R. 301th, Enetneer for TideumUr Oil Co. appeared before the Board. Tyre uore no abutters present and them was no opposition to the petition. The Board disused and coated on the pati.tictu bb. Durke made a motion to GMUT the variance. VX. onded tho notion oM this vote was unanimua, x'bds is e3n appeal from that portion of section 6.41 of the Zorn BY—Lav requiring each lot in a general business aren to contain not lees than 25,000 square Dmg, the subject lot containing 2,99000 aquare feset, more or less, and a further appeal frm that portion of section 7.3 requiring no building or structure to ba erected within 25 feet of the frout lot line. The lot In ovation is bounded naort`watarly red northerly by tlya 3havghem River, oontheaatorly bq property currently u3ed as a remt,aurLmt and s3outhwa5torly by Hhoseohusettn Avemw, a sUte highway. The only possible business use for a parcel of this size is ems that requires the eractimi of s a?mii it ding.$ such am a Me station as in the present instance, and the wrinnft under section 6.41 is hereby o i i I 22p 1962 Tbo =ft bu tdIng to be ""ted an shown on applicant's plat, is set back the raqulred twmtg-ave ;lir"# the On1Y Structure lying within the front yard �e►Qe being a para U*nt-tnM � OOnta�iftirr, fluor BOOnt 3.19MIng and the of thismss' =n n tcaated a ����r tie of oano�' being t4 better serve the aot� thea I ft and to keep lighting on. the cervice area ratbw thm area.et. TPss variance raquarstcd to construct the aenop7 and fps ,-jtl:jn the twent7-r'" foot frcut yraxd arm ab shOuna, on applicant's p1m in heretV graated, Ovitg to conditions ea OI&1y affecting this parcel of lewd but r©t generally affeating the zoning djgt'tdct, a literal Mforciermt oaf the provisions of the bV4Av would in"Ive substantial hRrdship to the ammllant and tin g raarting of these variances will enhance the gtnoraj nppe ranca of tho area wthout tautially derogatlreg from they intmt and purpose of thm zov., ng by law, Very truly yours, BOARD OF ni.eal. T. O'Leary, Chairmn 1D O•• G T < G { +� APRL7A :� y + ' t 1855 • ' ' - rs • , �>Sq C I {{ ��►rte+"� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION _ Date1ELU_s�°� 1�is I�fi2 Petition No. Date of Hearing +fmmia_t'� lei= 1� Petition of �"id CJS Premises affected r7or th"St•gift Of l'n=#!A",1_ corwr, of Pfflerr St Referring to the above petition for a variation from the requirements of the so as to permit UN eMtjoold QV=tjah et a gavial_j, After a public hearing given on the above date, the Board of Appeals voted to 1Arl_ROYS the and hereby authorize the Building Inspector to issue a permit to m for the construction of the above work, based upon the following conditions: Signed �d T F s Id Harley- R. .arleyaR. W I+obart J. $uz ko Board of Appeals NORTH ANDOVER BUILDING DEPARTMENT NORTH 120 MAIN STREET O,<"`°;•1�4 NORTH ANDOVER, MA 01845 � p s - s s i �Off_ �► COs„° '�4' ,S$ACHUSE� INSPECTOR OF BumDrNos TEL. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR Apkit 8, 1986 BoaAd o4 Appeatz Town U 6 4ice Buitding Nox th Andova, Ma. Genttemen: Re: 'Mobit, O.i t Coit potion A buiiding peAmdt was Ae&uzed 4oA Mob.t Oil Conp. because the pAopozed canopy and sign do not eompty with the Aequ itced setbacks. very t uty yowtz, CHARLES H. FOSTER INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF:a�