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Home My WebLink AboutMiscellaneous - 164 SUTTON STREET 4/30/2018 (2)N O O N O Q O 0 J O O O 0 0 EZ I RIN LegaMotice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 6,1140TICE tkORT" + August 23, 1988 0 o Notice Is hereby given thal the Board of Appeals will give, a hearing , at the Town. 'Building, North Andover, on. Tuesday evening the 13th day Arco r4 CHU of Sep%mber, 1988, at 7:30 I , -r I o'clock, to all parties in-.,. terested in the appeal of Ronald A. Merino requesting a variation of Sec. 8.2, Para I and Sec. ?�A Para I and Table, 2 of the Zoning By Law so as to permit relief from 35' set- back from rear property line for construction of building to' house oil change, tube, A associated services on, the premises located at 164 Sutton St.' By Order of the Board of Appeals rrank Sierio, Jr., Chairman Publish in North Andover Citizen August 25 and September 1,1988' 67120-1 It Legai ivotic( 1UWN OF NORTH ANDOVE-R MASSACHUSETTS, BOARD OF APPEALS NOTICE V, tiORTil 0"'120 ,b*.e, August 23, 1988 0 3; �0 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening the 13th day CH* Of September, 1988, at 7:30 O'clock, to all parties in- terested in the appeal of Ronald A. Medno requesting a variation of Sec. 8.2, Para 1 and Sec. 7.3, Para 1 and Table 2 of the Zoning By Law soas to permit relief from 35' set- back from rear property line for construction of building to house oil change, lube, and associated services on the premises located at 164 Surron St., 8, Order of the Board of Appeals Frank Serio, Jr., Chairman Pjjblish in North Andover Citizen August 25 and September 1,1988 67120-1 ANDOVER Michael's parishioners IMS also appe�led to him. TEALS The Rev. Gianni sai( part of what he had 1, 14, 0 forward to when requ .0 0- St. Michael's, was w( with the Rev. Mulloy. Both have worket parishes for more thai August 22, 1988 - years. m that the Board of wing at the Town The Rev. Gianni, wh( r, on Tuesday even- he expects to'work prii 3eptember 1988, at ties interested in the with Catholic education �Carthy requesting a has worked as - a par Oigraph 1 of the Zon- 0 vicar in four parishes !rmit relief from area 1972. acre zoning require- jeated at Lots 4, 5, 6 I�e spent his first tw( rpners Pond Rd. after ordination in St. I the Board of Appeals Serio, Jr., Chairman Methuen, and the ne. ier Citizen August 25 8 67193-4 —1 Pnql 1w TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE August 23, 1988 Notice is hereby given that the Board of Appeals Wit give a hearing at the Town Building, North Andover, on Tuesday evening the 131h day of September, 1988, at 7:30 o'clock, to all par.fies in- terested in the appeal of Ronald A. Merino requesting a variation of Sec. 8.2, Para 1 and Sec. 7.3, Para I and Table 2 of the Zoning By Lak so as to permit relief from 35' set- back from rear. property line for construction of building to house oil change, tube, and associated services on the premises located at 164 Sutton St. By Order of the Board of Appeals Frank Sedo, Jr., Chairman Publish in North Andover Citizen August 25 and September 1,1988 67120-1 ,FFNER'S FUEL OIL 638-91 24 Hour Burner Service or a burner service contract or a it to improve the efficiency of your boiler. D.D. 150 Gals. Minimthn Be Assured of Supply Quality and Savings at. - JHAFFNER'S 24 -Hour Burner Service Call 683-2771 and join usi L7A 1.7 z t LO 0 0 u uj 0 z Ix 0 z 0 z cr 0 UA z w it > C) 0 0 R 00 OD _Q 0 00 00 I cq I CN CN 00 00 'k 'k TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Nil .August -23 ....... 1%8. Notice is hereby given that the Board of Appeals will give a :mA J hearing at the Town Building, North Andover, On -Tuesday .... evening ............... the .13 thdaY Of ..... September....... ,A 19..88, at 7:39'clock, to all parties interested in the appeal of 4'4 Ronald -A. -Merino ........................................ requesting a of Sec.. 8. 2 RaEi - 12 and. of the Zoning vs`T�, Para 1 an Sec ua e I By Law so as to permit ................................... relief from .35' setback from rear property line for construction of building to house oil change, lube, and -associated -services, ................................ ................. ................................. A, .................. ................................... on the premises, located at.... 164. -Sutton- St .............. ....................................................... B= th Boardol Appeals ;CIhai_rman Frank Serio, Publish in the N. A. Citizen on August 25 & September 1, 1988 0, 6"". 'VA NORTH p ett�c o. ,a gti0 Q1 e..,.,,. ,.,,..,. 0 o m ifgSSACHUSEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Ronald A. Merino * Petition #17-89 164 Sutton St. * DECISION N. Andover, MA 01845 * * ************************* The Board of Appeals held a public hearing on Tuesday evening, October 11, 1988 upon the application of Ronald A. Merino, 66 Route 125, Kingston, NH, 03848 requesting variances from the requirements of Section 8.2, Paragraph 1, Section 7.3, Paragraph 1 and Table 2 of the Zoning ByLaws so as to permit relief from 35' setback from rear property line for construction of building to house oil change, lube and associated services on the premises located at 164 Sutton Street. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Raymond Vivenzio, Anna O'Connor and Louis Rissin. Upon a motion by Mr. Vivenzio and seconded by Mr. Nickerson, the Board voted, unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The hearing was advertised in the North Andover Citizen on August 25 and September 21, 1988 and all abutters were notified by regular mail. BOARD OF APPEALS t 1)LEI W-i 1A iam Sullivan Ac/ c ing Chairman Dated this 14th day of October, 1988 /awt ,.. Anu7TM �'' 1855• TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Ronald A. Merino 164 Sutton St. N. Andover, MA 01845 Dam October 1988,,,, Petition No....17-89 ............ . Date of Hearing.. Octobgr. 11,,, .19$8 Petition of ........Ronald At.Merino...........................................I......... Premises affected ...164, Suttw. St............. ...................... I ................. Referring to the above petition for a variation from the requirements of the ................ . 2.,..P.aragraph .1, . Sec.t.iQn . 7.3.,..Paragraph J. and. Table . 2. of..the. Zoning .Bylaws so as to permit ... relief. .from.35.':setback. from. rear. .property. .line. fox. .construction of building to house oil change, lube and associated services f................................................................. ...... After a public hearing given on the above date, the Board of Appeals voted to . ALLOW .THE : i P:E±tff*N- TO WITHDRAW WITHOUT PREJUDICE..... Signed .W.11iam ,S ,llivan,, ,Acting AuguSt.ind .Nicker.aon, . OXe.rk ......... ...Raymon, Vivenzio..................... .Anna. 0.'.Connor......................... Louis. Rissin........................ Board of Appeals 1110 Min. Lube Corporate Offices 66 Route 125, Kingston, NH 03848 October 11, 1988 Town of North Andover Zoning Board of Appeals 120 Main Street North Andover, MA 01845 Dear Board Members: After meeting with the Technical Review Committee on September 28, it --..has become apparent to me that additional time will be required to answer several concerns brought forth by members of the Committee. These concerns are summarized in Mr. Scott Stocking's memorandum to your Board that is dated September 29, 1988. At this time, I would like to request that the Board of Appeals allow me to withdraw my current appli- cation..for variance without prejudice. This will give me the time needed to resolve the above -referenced concerns and resubmit my application in the near future. It is my intent to work closely with the Technical Review Committe to resolve these concerns as soon as possible in a manner acceptable to both myself and the Town of North Andover. SWB/tjv Sincerel ours, Ronald A Merino President "We don't give you time to miss your car" PEN�ZOIL * Ronald A. Merino * 164 Sutton St. * N. Andover, MA 01845 ************************* RTF{ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition #17-89 DECISION Any appeal s''all be filed within (20) c a'> after th . date of filing of this P:Ot ce in the Office of the. Town Clerk. The Board of Appeals held a public hearing on Tuesday evening, October 11, 1988 upon the application of Ronald A. Merino, 66 Route 125, Kingston, NH, 03848 requesting variances from the requirements of Section 8.2, Paragraph 1, Section 7.3, Paragraph 1 and Table 2 of the Zoning ByLaws so as to permit relief from 35' setback from rear property line for construction of building to house oil change, lube and associated services on the premises located at 164 Sutton Street. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Raymond Vivenzio, Anna O'Connor and Louis Rissin. Upon a motion by Mr. Vivenzio and seconded by Mr. Nickerson, the Board voted, unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The hearing was advertised in the North Andover Citizen on August 25 and September 21, 1988 and all abutters were notified by regular mail. BOARD OF APPEALS William Sullivan Acting Chairman Dated this 14th day of October, 1988 /awt W C.D Y U1 > UjL 20 ,Lj �• ' ^ _ • n CJw�� QhC 0 M z F- 0 * Ronald A. Merino * 164 Sutton St. * N. Andover, MA 01845 ************************* RTF{ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition #17-89 DECISION Any appeal s''all be filed within (20) c a'> after th . date of filing of this P:Ot ce in the Office of the. Town Clerk. The Board of Appeals held a public hearing on Tuesday evening, October 11, 1988 upon the application of Ronald A. Merino, 66 Route 125, Kingston, NH, 03848 requesting variances from the requirements of Section 8.2, Paragraph 1, Section 7.3, Paragraph 1 and Table 2 of the Zoning ByLaws so as to permit relief from 35' setback from rear property line for construction of building to house oil change, lube and associated services on the premises located at 164 Sutton Street. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Raymond Vivenzio, Anna O'Connor and Louis Rissin. Upon a motion by Mr. Vivenzio and seconded by Mr. Nickerson, the Board voted, unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The hearing was advertised in the North Andover Citizen on August 25 and September 21, 1988 and all abutters were notified by regular mail. BOARD OF APPEALS William Sullivan Acting Chairman Dated this 14th day of October, 1988 /awt Ronald A. _Merino 164 Sutton St. N. Andover, MA 01845 filed nai shaii be the ra pny aP� � 1" s a{ter once within X201 s of thiN date of 111100R9of. the 0*13 in the �f�ice Clerk' .: Date ......October .14 1988, , .. . Petition No.... 17-.8.9 .............. Date of Hearing.. October, 11,,, ,19$8 Petition of ........Ronald, A.,,Merino.................................................... Premises affected ...164. SuttQn. St............. ....................................... . Referring to the above petition for a variation from the requirements of the ................. Section ..8.2.,. Paragraph .1, . Ser-.t.iQn . 7.3.,..P.aragraph I. and. Table. 2. of. .the. Zoning .Bylaws so as to permit ... relief. .from. 35.'..setback. .f.rom. rear. .property. .line . for. .construction of building to house oil change, lube and associated services .................... ..................................................................... After a public hearing given on the above date, the Board of Appeals voted to . ALLOW .THE PETITION TO WITHDRAW WITHOUT ................................... >ih PREJUDICE mmttxkK......................... ....................................................... Signed ..William ,Sullivan,, ,Acting ,Chairman ... Augustine ,Nioker.s.Qn, , C1 e.rk ........... ...Raymon.d Viveazio..................... .Anna. 0..Connor......................... Louis. Rissin...................:.... Board of Appeals C= ,.. A►PILY" ClQ � S q•.. • 9 �� 4ftE:, ►►►►►Vtt• TOWN OF NORTH ANDOVER MASSACHUSETTS JZ- a-�CC, Q: C" BOARD Of APPEALS 0 NOTICE OF DECISION Ronald A. _Merino 164 Sutton St. N. Andover, MA 01845 filed nai shaii be the ra pny aP� � 1" s a{ter once within X201 s of thiN date of 111100R9of. the 0*13 in the �f�ice Clerk' .: Date ......October .14 1988, , .. . Petition No.... 17-.8.9 .............. Date of Hearing.. October, 11,,, ,19$8 Petition of ........Ronald, A.,,Merino.................................................... Premises affected ...164. SuttQn. St............. ....................................... . Referring to the above petition for a variation from the requirements of the ................. Section ..8.2.,. Paragraph .1, . Ser-.t.iQn . 7.3.,..P.aragraph I. and. Table. 2. of. .the. Zoning .Bylaws so as to permit ... relief. .from. 35.'..setback. .f.rom. rear. .property. .line . for. .construction of building to house oil change, lube and associated services .................... ..................................................................... After a public hearing given on the above date, the Board of Appeals voted to . ALLOW .THE PETITION TO WITHDRAW WITHOUT ................................... >ih PREJUDICE mmttxkK......................... ....................................................... Signed ..William ,Sullivan,, ,Acting ,Chairman ... Augustine ,Nioker.s.Qn, , C1 e.rk ........... ...Raymon.d Viveazio..................... .Anna. 0..Connor......................... Louis. Rissin...................:.... Board of Appeals Received by Tow:, Clerk: R�G£lV�a rl EF, NaRT� too 29 DO TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS TiEL.:11 ( 603) 642-8893 APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Ronald A. Merino Address 66 Route 125, Kingston, NH ----------------- --- 03848, 1. Application is hereby made: a) For a variance from the requirements of Section 8.2 Paragraph 1 and Table Q of the Zoning By Laws . 7:3 1 2 b) For a Special Permit under Section Paragraph of the Zoning By Laws. -- c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land building(s) numbered --.--and Street. b) Premises affected are property with frontage on the North (X) South ( ) East ( ) West ( ) side of Sutton Street _ .Street,' and known as No. 164_ Sutton_ Street c) Premises affected are in Zoning District GB,/, and the premises affected have an area of 159 +J -_square feet and frontage of 165 +1- feet. 3. Ownership a) Name and address of- owner (if joint ownership, give all names): Sanlau Realty_Trust, 231 Sutton Street, _North Andover, MA Date of Purchase Previous Owner b) If applicant is not owner, check his/her interest in the premises: X Prospective Purchaser Lesee Other (explain) 44 Size of proposed building:30 '"front; 60 feet deep; Height 1 stories; 17 feet: a) Approximate date of erection: -September 19, 1988 b) 'Occupancy or use of each floor: Oil change, Lube, and associated servic c) Type of construction: Masonry block and precast concrete planks 5. Size of existing building:_-__ _-_feet front;_ feet deep; Height_ —stories; feet. a) Approximate date of erection: No building_on the site b) Occupancy or use of each floor:___ c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? If so, Not to applicant's knowledge /j l Tai �w; • r►•a r . S ; i . 7;Descriptidn of relief sought on tit s petition Ri lief from 35' setback.:.. i;rom rear property line 8. Deed recorded in the Registry of Deeds in Book Page Land court Certificate No, [look 1169 11n90 316 The principal points upon which I base,my application are as follows: (must be stated in detail) S�_. Erection of the proposed -building would cause only a small -infringement of the 35' rear • betwern Mit in and rear- pro er$ "."bane.e . .a er e or iner.s a.•ra1 . ri gh -of-w which i s an-,.' us ria use, a oug __ zone - � �' - Y" I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signature of Peke• do rTs •--- :.very application for action by the Board shall be made on a form approved )y• the Board. These forms shalt be furnished by the Clerk upon request. 1ny communication purporting to be an application shall be treated as.mere iotice of intention to seek relief until such time -as it is .made on the )fficial application form. Alt information *called -for by the form shall :e furnished by the applicant in the manner �herein::prescribed. ;very -application shall be submitted with a list of••"Parties 'In Interest"• hick list shall•include.the petitioner,..abutters, owners of land directly pposite on any public or private street or way, and abutters to -the butters ;within'three hundred feet (300') of the property line of the etitioner as they appear,on the most recent applicable tax list, - otwithstanding that the land of any such owner is located in another city r town, the Planning Board of the city or town,.and the Planning Board of,.. very abutting city or town. Every application shall be submitted with an application charge cost in.. he amount - of $25.00. In addition, the petitioner shall be' responsible :% :)r any and all costs involved in bringing the petition before the Board. ich„ costs shall include mailing and publication, but are not necessarily,."' �mited to these. eery application shall be submi.tted with a plan of land approved by the )ard.- No petition will be brought befo'e, the Board unless said plan has :en submitted. Copies of the Board's' requirements regarding plans are :tacked*hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST Name 3' Address See Abutters Listing (use additional sheets if'•necessary) 4oai J. h �`/ � i�ernri�G�J /q l�i4r�,�'.S��zc% Sf �%��✓ C/o — J WILLIAM V. DOLAN Chief of Department NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 To: Board of Appeals From: Lt. Melnikas, Fire Prevention Officer Re: Express Lube -Sutton St. Date: October 11, 1988 Tel. (617) 686-3812 The Fire Department has reviewed the plans for the Express Lube on Sutton Street. Our concerns would be as follows: 1. Potential traffic problems at the Sutton Street entrance and how it affects our trucks or ambulance responding to a problem in this area. 2. Access around the building itself could be a problem depending on the parking configuration. Additionally, the representatives have agreed to meet the require- ments for storage of the used.oil according to the Mass. General Laws. Thank you for your cooperation in this matter. A..7— Lt. Andrew Melnikas Fire Prevention Officer "SMOKE DETECTORS SAVE LIVES" OF NORrHj " OFFICES OF: p2 ° ` � �"�� °°m Town of APPEALS NORTH ANDOVER BUILDING 'w''°•i=:o CONSERVATION g84CHU5ES DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR Date: October 11, 1988 To: Board of Appeals From: D. Robert Nice,1 Building Inspector 120 Main Street North Andover, Massachusetts 01845 (617) 685-4775 EXPRESS LUBE - Corner No. Main & Sutton Sts.: I am still of the same opinion as previously stated at your meeting of September 13, 1988 - opposed to the proposal due to potential safety hazard at this busy intersection, etc. Revised plans have not been submitted to this office for review, as yet. MORIN - LOT 10-C, Forest St.: I will be in attendance at your meeting for further comment. mgms. cc: Dir., DPCD IQ NORTH ANDOVER CONSERVATION COMMISSION October 5, 1988 TO: Zoning Board of Appeals FROM: NACC Irene R. Mackun, Administrat�%� RE: Express Lube Application to ZBA The NACC requests that the Zoning Board of Appeals consider the proximity of the proposed Express Lube site to the Merrimac River, along with the fact that catch basins in the proposed parking lot will drain into the River. To protect the River from the possibility of pollution by spilled oil washing into the catch basins, the NACC strongly advises that any catch basins be equipped with State -approved oil traps. IRM/mlb T -D C - x , Cl) r 03 5--3 CD q co CL in 0 cc ,n co rr CD 3 m CD m sp c w t CO 0 0) T n 0 3 CD 0 r ct CD :3 (n =r M 0 , (D M 3 0 to CD 0 -V 0) D CD CD ;3 pr * :0 rn Cl) a) cr d OF z Town of APPEALS a .. ; NORTH ANDOVER BUILDING* e�'., �y sS4CNU5ES CONSERVATION' DIVISION OF HEALTH ' PLANNING ro'h PLANNING & COMMUNITY DEVELOPMENT 1 KAREN H.P. NELSON, DIRECTOR MEMORANDUM TO: Board of Appeals FROM: Scott A. Stocking, n Planner DATE: September 29, 1988 RE: 164 Sutton Street Variances - Express Lube 120 Main Street North Andover, Massachusetts O 1845 (617) 685-4775 Upon the applicant submitting his plans before the Technical Review Committee on September 28th, I have the following concerns: 1. The design and safety issues presented by this site plan should be dealt with by this Board, prior to its submittal to the Planning Board under Site Plan Review. Action by this Board will greatly effect any potential action by the Planning Board. 2. Upon review of the application the following variances were applied for: a. Rear yard setback 35' required, 20' shown b. Waiver of the 15' landscape buffer requirement between a Residential and Commercial Zone 3. Staff finds the following variance is needed by the application as shown: a. Variance to the side yard 15' landscape setback to the land of Cooper zoned R-4 as required in Table 2, Footnote 2. J 4 4... Possible variances and action needed by the Board: a. Minimum lot area in a GB District 25,000 sq.ft. required, 16,270 sq.ft. shown b. Clarification of the language contained in Section 8.2 re: minimum frontage of 150' in addition to the District Requirements and maximum width of driveways shall be 30' and other "barrier" standards. Staff requests direction by this Board regarding the above cited language. C. Staff has suggested that the applicant request a parking variance, due to the lack of parking demand experienced by this type of facility Upon making these findings staff requests that this application be withdrawn at this time for the following reasons: 1. At least one additional variance is needed (as cited in #3 above) with additional vaiances possible. The Board should handle all variance requests for this project together under one application. 2. A detailed traffic study must be done in order for the Board to determine if the land can be utilized after granting the variances without "substantially detriment to the public good" or substantially derogating from the intent or purpose of this bylaw" which certainly includes proving for the public safety of our citizens related to traffic impact this project will have at a very busy intersection in Town. The traffic study should include a detailed report on existing traffic volume and turtning movements in the intersection as well as future traffic impacts due to this use utilizing this intersection. 3. Granting a variance "owing to circumstances relating to soil conditions, slope or topography of the land or structures and especially affecting generally the zoning district in general" is the test called for by State Statue. Staff has reviewed the site and the Zoning Requirements and has found that the literal enforcement of the Zoning Bylaw to this lot provides "no practical use" for the lot which contains a building and required parking. Therefore, other issues related to site planning issues such as landscaping, traffic impacts and other improvements must be studied by the Board and judged sufficient and appropriate prior to a granting any variance request. Staff does not believe the information in the record to date allows for such a determination by the Board, and requests that further information be supplied. 4 Finally, staff has reviewed the site plan and has submitted three (3) alternative schemes to the applicant, which will require a single variance (rear yard setback or 50' commercial setback) by changing the location of the building. Development of a revised site plan for this property should be allowed to occur with input from staff. The additional time to refile the application should provide for a "better" site plan. CC. Technical Review Committee Applicant Location No. Date 4��o TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee Other Permit Fee, Sewer Connect! Water Connecti TOTAL, - - r—uLL 14�1 3/% 13:22 IM/13/%'MR7 2,000.00 PAID on Fee s zoco' CD )n Fee $ a0co. 00 s Build' 1�� 'or —4��X Mgv� Div. 'P s OFFICES OF: o ° °m Town of i - 9 APPEALS NORTH ANDOVER BUILDING CONSERVAT19JN ""sus DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR MEMORANDUM TO: Board of Appeals FROM: Scott A. Stocking,, Planner DATE: August 24, 1988 RE: Ronald A. Merino 164 Sutton Street - Variances 120 Main Street North Andover, Massachusetts O 1845 (617) 685-4775 Staff, for the last month has requested through Mmnco Realty to meet with the engineer on s project prior to this filing before the Board. SInce the engineer as not seen fit to meet with staff prior to filing this application before the Board, staff cannot support this petition. Upon review of this application, staff has found -the following variances and issues in need of resolution: 1. Rear setback 35' plus Table 2, Footnote 2, calls for a 15' landscaped setback. Section 8.2 calls for a 50' setback from a Residential District. 2. Side yard 15' landscaped setback, Table 2, Footnote 2 adjacent to the land of Cooper which is zoned R-4 and not shown on the plan. 3. Minimum lot area for GB District, 25,000 sq.ft. Assessors map shows lot area 16,270 sq,ft. 4. Ambiguity of the language contained in Section 8.2 requires resolution by the Board. Section 8.2 says in effect: "In addition, the use or structure shall conform to the following requirements, (in addition to District requirements)." a. Minimum frontage of 150' b. Maximum width of driveways shall be 30' and other "barrier" standards. Staff finds that the site plan does not contain adequate detail upon which to act on the variances requested. This lot is located in an area of high visability in the Town and poses major traffic safety issues which must be addressed by this Board prior to acting on the variances requested. Staff requests that the Board take no action on this matter at this time and require the applicant to meet with me prior to taking action on this application. Page 2: In addition, this project fall into the Planning Board jurisdiction under Section 8.3 of the Zoning Bylaw (Site Plan Review). OFFICES OF APPEALS BUILDING CONSERVATION HEALTH PLANNING OF �JOFTHN 02 'Own of L m :'oma• :°:' NORTH ANDOVER ,SQ4CNUBQ�4 DIVISION OF PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR DATE: September 13, 1988 TO: Board of Appeals FROM: Robert Nicetta, Building Inspector RE: PUBLIC HEARINGS/SEPT. 13, 1988 120 Main Street North Andover, Massachusetts 01845 (617) G85-4775 1 - DR. JOHN RIZZA: Special Permit Request, 95 Main St. - Denied -issuance of Building Permit to renovate subject dental office due to lack of compliance with meeting the minimum off-street parking requirement, Sec. 8.1 of the Zoning By -Law. I have no objection..to the dental office itself. 2 - MAUREEN JOYCE: Party aggrieved of Building Inspector's ruling, 95 Main St. - With respect to parking, the building requires the following: 4 spaces for two residences 1 space per 300 s.f. for law office = 9 spaces 5 spaces for dental office Total: 18 spaces and there are only 4 spaces shown on the plan. 3 - LEONA MORIN: I will be in attendance at your Meeting to express my opinion on this request for Special Permit. 4 - ROBERT & H. SCHICK, JR.: Special Permit Request, 100 Court St. - I do not feel that the granting of this request would be a detriment to the neighborhood nor derogate from the public good and, therefore would suggest that the existing swimming pool be allowed to remain. 5 - RONALD A. MERINO: Variance request, 164 Sutton St. - I recom- mend that this request be denied because of potential danger to public safety by the proposed backing out of vehicles onto No. Main St. and Sutton St. which are presently subject to heavy traffic congestion. 6 - DAVID RITCHIE: Continued Public Hearing, 200 Waverly Rd. - Inasmuch as the Fire Department has now approved the revised safety aspect, I see no reason for denying the proposed Variance. If approved, the garage will have to be constructed of fire resistant materials as specified by the Building Inspector. Yours truly, D. Robert Nicetta DRN:gb OF p4ORrh r OFFICES OF: o'' " . °m Town of APPEALS : � _,; : NORTH ANDOVER BUILDING CONSERVATION °" Sit DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR TO: Board of Appeals FROM: Scott A. Stocking,,/ Planner DATE: September 13, 1988 RE: 164 Sutton Street Variance & Special Permit 120 Main Street North Andover, Massachusetts O 1845 (617) 685-4775 Staff has met with Stephen Stapinski, the engineer for this project and went over the site plan. Staff recommends that the Board continue the public hearing on this applciation to their next meeting to allow for the following: 1. Allow the applicant to apply for at least one additional variance needed in order to construct the project (side yard landscaping requirement). 2. Allow the Technical Review Committee to review the site plan and make recommendations to the Board regarding the sites development. x (D 00 -r- OF U OD Ib. 6 /0 V�� A� Ail Z -4 W 0 0 0 > 0 o Cl > 0 C 10 m co "a c 10 = cl 0) n 00 rij MOO "7 iOny :)Dr- �p Irl — - cl) 44C . , ny -a (-' 119 CP t7' rt fD w rt (D rt OF U OD Ib. 6 /0 V�� A� Ail Ronald A. Merino 164 Sutton St. N. Andover, MA 01845 be tiled e mai Ghali the '7_ Any ap 101 l'.a)rSth�S vot;ce \'Nom {i1tng 0� the -�0`Nn date o� pf{ice of. in the CleCk, Date ...... 14, 1988.... . Petition No....17-89 ............. Date of Hearing.. October, 11,,, .19$8 Petition of ........Ronald, A. Merino .................................................... Premises affected ...164. SuttQn. St........................................................ Referring to the above petition for a variation from the requirements of the ................. Sec.t.i,Qu ..8, 2.,, ,Paragraph .1, . Sec.t.iQn . 7. 3.,. Yaragraph .1 . and. Table. 2. of..the. Zoning . Bylaws so as to permit ... relief. .from.35.'.setback. from. rear. .property. .line. for. .constru.ction of building to house oil change, lube and associated services .........................:.............................................................. After a public hearing given on the above date, the Board of Appeals voted to . ALLOW .THE PETITION TO WITHDRAW WITHOUT iidb Xi�X�iH PREJUDICE MMiRXIKK.............................................................................. +,y a •cur yle � w"l�i� q .g, .:.� ��.�. �.a, lu: 4�.�.��(!.:��.:�.'ay. i' ll:::.:.S:l:�. Signed f �l (.i ... William,Sullivan,..AgKipg chairman. AuguSt.i.ne .Ni_ckersQn, . Clerk .......... ... Raymon.d.Vivenzio..................... Anna. O.'.Connor....................... Louis. Rissin........................ Board of Appeals ~� �T� to"Arm ' t O•�� cca ry •i. tsss ; ' C�7 � �S'•.....•S(�. ►►� gCNU9. c to k TOWN OF NORTH ANDOVER MASSACHUSETTS I Ck BOARD OF APPEALS zF.. 0 NOTICE OF DECISION Ronald A. Merino 164 Sutton St. N. Andover, MA 01845 be tiled e mai Ghali the '7_ Any ap 101 l'.a)rSth�S vot;ce \'Nom {i1tng 0� the -�0`Nn date o� pf{ice of. in the CleCk, Date ...... 14, 1988.... . Petition No....17-89 ............. Date of Hearing.. October, 11,,, .19$8 Petition of ........Ronald, A. Merino .................................................... Premises affected ...164. SuttQn. St........................................................ Referring to the above petition for a variation from the requirements of the ................. Sec.t.i,Qu ..8, 2.,, ,Paragraph .1, . Sec.t.iQn . 7. 3.,. Yaragraph .1 . and. Table. 2. of..the. Zoning . Bylaws so as to permit ... relief. .from.35.'.setback. from. rear. .property. .line. for. .constru.ction of building to house oil change, lube and associated services .........................:.............................................................. After a public hearing given on the above date, the Board of Appeals voted to . ALLOW .THE PETITION TO WITHDRAW WITHOUT iidb Xi�X�iH PREJUDICE MMiRXIKK.............................................................................. +,y a •cur yle � w"l�i� q .g, .:.� ��.�. �.a, lu: 4�.�.��(!.:��.:�.'ay. i' ll:::.:.S:l:�. Signed f �l (.i ... William,Sullivan,..AgKipg chairman. AuguSt.i.ne .Ni_ckersQn, . Clerk .......... ... Raymon.d.Vivenzio..................... Anna. O.'.Connor....................... Louis. Rissin........................ Board of Appeals 3 NORTH O D � y si ,l r � o sb+ ^CNUS�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Dear Applicant: i Date: Enclosed is a copy of the legal notice for your application before the Board of Appeals. �b Kindly submit $ for the following: 3r Filing Fee $ Postageeiv, $ Your check must be made payable to the Town of North Andover and s may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS CtJ. l Audrey W. Taylor, Clerk 4 !r y 4. LEGAL NOTICE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS .January 23, 1989 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening the 14th day of February 1989, at 7:30 o'clock to all parties interested in the appeal of Ronald A. Merino requesting a variation of Sec. 7, Para. 7.3, Sec. 8, Para. 8.1 (1) and Para. 8.2(1) and Table 2 of the Zoning By Law so as to permit reduction to five (5) parking spaces from the required ten (10), reduction of 50' setback from residential district, relief from 15' landscape buffer on both sides of property that border a residential zone on the premises, located at 164 Sutton Street. j By Order of the Board of Appeals —Frank Serio, Jr. Chairman January 26 and February 2. 1989 ( i LEGAL NOTICE TOWN OF NORTH ANDOVER k MASSACHUSETTS [. r BOARD OF APPEALS January 23, 1989 f Notice Is hereby given that the Board of Appeals will give a hearing at 1;.; Town Building, North Andover, I. on Tuesday evening the 14th day of February 1989, at 7:30 o'clock .10 all parties interested In the appeal OfSec. 7, Para.Ronald c. 7.3, ec. 8, Parino a. 8yli(1) and Paring a a 8.2(1) and Table 2 of the Zoning By Law so as to permit reduction to five (5) parking spaces from the required ten (f0), 'reduction of 50' setback from residential district, relief from 15' landscape buffer on both sides of property that border a residential a zone on the premises, located at 164 Sutton Street. 'i By Order of the Board of Appeals "Frank Seno, Jr. [ January 26 and February 2, 1 gag Chairman ,l Aniar� law TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS N0TTfIF ,..January -23.... 19 89 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. Tuesday -evening ........ the .14th day of . February 19 . $ 9 , at .� 3 6'clock, to all parties interested in the appeal of Ronald A. Merino ...................................................... Sec. 7, Para. 7.3 requesting a variation of Sec..ec- - 8; Para. 8.. Pf �iy Zoning and Para. 8.2(1) and Table 2 ByLaw so as to permit ........ ......................... . reduction to five (5) parking spaces from the required ten (10), reduction of 50' setback from residential district,- relief- -f-rom-15'- -landscape- -buffer- on both sides of property that border a residential zone. .................................... ...................................................... on the premises, located at... , 164 . Sutton Street ...................... ............................................. By Order of th d of Ap rank erio, Jr.,� airman Publish in N. A. Citizen on January 26 and February 2, 1989 Bill to: Ronald A. Merino 66 Route 125, Kingston, N.H. 03848 N) Ln m �j 0 t7j 11 LTI 0 Ln 0 ?�g 8c LO w c, OD OD �o �o N) Ln m �j 0 t7j 11 LTI 0 Ln 0 Any appeal shall be filed within (20) days after the date of fi r;S, of this Notice in the Office of the Town Clerk. ************************* * * Ronald Merino * 164 Sutton St. * N. Andover, MA 01845 * ************************* TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: #39-89 DECISION . RECEIVED DANIEL LONG TOWN CLERK NORTH ANDOVER APR Z0 9 19 AN 181 The Board of Appeals held a public hearing on Tuesday evening, February 14, 1989 March 14, 1989 and April 11, 1989 upon the application of Ronald A. Merino request- ing a variance from the requirements of Section 7, Paragraph 7.3 and Section 8, Paragraph 8.1(1) and 8.2(1) and Table 2 of the Zoning Bylaws so as to permit re- duction to five (5) parking spaces from the required ten (10), reduction of 50' setback from residential district, relief from 15' landscape buffer on both sides of property that border a residential zone on the premises located at 164 Sutton Street. The following members were present and voting: Frank Serio, Jr. Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, William Sullivan and Walter Soule. The hearing was advertised in the North Andover Citizen on January 26, 1989 and February 2, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Sullivan, the Board voted to grant the variances as requested. The vote of the Board is as follows: In favor; Mr. Frizelle and Mr. Sullivan and opposed; Mr. Serio, Mr. Nickerson and Mr. Soule,'therefore the petition was DENIED. The Board finds that this location is not right for the type of.business intended and that it would increase the traffic flow to an already overcrowded intersection,. thereby creating a traffic hazard. Imput from the North Andover Police Department and the North Andover Fire Department also reflect this concern. The Board finds that the petitioner has not satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaws and the granting of these variances would derogate from the intent and purpose of the Zoning Bylaw and would adversely affect the neighborhood. Dated this 20th day of.April, 1989. BOARD OF APPEALS Fran Serio, Jr. Chairman /awt 4r AAny ny appeal shall be filed within (20) days after the date of of this Notice in the Office of the Town Clerk. - TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS RECEIVED DANIEL LONG TOWN CLERK NORTH ANDOVER APR 20 919 AN X89 NOTICE OF DECISION Ronald A. Merino 164 Sutton St. N. Andover, MA 01845 Date ....Apr 1. 2Q � .1959........ . Petition No.....:3.9-89 ............. Date of Hearing... Apri. 11, 1989 Petition of ......Ronald A..Merino...................................................... Premises affected ... 16.E .Sutton. St............ ........................................ Referring to the above petition for a variation from the requirements of -Section. .7 , . Para. 7.3 Section 8, Para. 8.1(1) and 8.2(1) and Table 2 of the Zoning ByLaws ......................................................................................... so as to permit .reduction • to. five . (5) • pa-rking. spaces - from -the • required • ten•(•10), • • . reduction of 50' setback from residential district, relief from 15' landscape .........................:.............................................................. buffer on'both sides of property that border a residential zone. After a public hearing given on the above date, the Board of Appeals voted to DENY ......: the VARIANCES . REQUESTED � R�4 X X 4l�gX�UXJ WAI4X............................................................................... ;��..�:a:�,l:!.l:�.2 ..5:.: b. a: :a. '::��r .;:�5!'.0.. ' i'.::i �i.U.l:!:�d1 :�.'�3l:h :t�:l.:=10,11,71 Signed Frank Ser , Jr.., Chairman Alfred Frizelle, Vice-chairman Augustine Nickerson, Clerk ......................................... William Sullivan ........................................ Walter Soule ................................. Board of Appeals Any appeal shall be filed . �oE.'�R"��ti REC41VED within (20) days after the cI�`� '"0K' DANIEL LONG �. AnILT" � TOWN CLERK date of fi; — of this Notice s. iaas ,�'� NORTH ANDOVER in the Office of. the. Town'�►;�gCHug�';� "...Y.�� APR 20 9 19 AN X89 Clerk. - .TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Ronald A. Merino 164 Sutton St. N. Andover, MA 01845 Date ....App li..2Q x . 19�9......... Petition No..... 39-89............ ApriDate of Hearing ......... 11, 1989 Petition of ......Ronald A..Merino...................................................... Premises affected ... 164..Sutton. St............ ..................... a ................. Referring to the above petition for a variation from the requirements of .Section..7, .Para. 7.3 Section 8, Para. 8.1(1) and 8.2(1) and Table 2 of the Zoning ByLaws so as to permit reduction -to. five . (5) • parking. spices -from -the • required. ten•(•10), • • . reduction of 50' setback from residential district, relief from 15' landscape .........................:............................................................... buffer on'both sides of property that border a residential zone. After a public hearing given on the above date, the Board of Appeals voted to DENY ....... the VARIANCES AS REQUESTED .............................. I. ♦1.�.: �♦� �♦��J:t1..♦..♦.: ,C♦ ,Z: .•:i: is !i . �J♦:!� L. ♦Ji v..:L. ♦.�J•J �♦ :♦ i • ♦ -1 •Li Signed /&, Frank .Ser'.. Jr., .Chairman ............. Alfred Frizelle, Vice-chairman Augustine Nickerson, Clerk ....................................... William Sullivan ........................................ Walter Soule ................................. Board of Appeals OFFICES OF: APPEALS U BUILDING CONSERVATION HEALTH PLANNING OF NOR iN, . H 3? Town of 120 Main Street o n NOR'T'H ANDOVER North Andover Massachusetts 01845 HU9E44 DIVISION OF (508)682-6483 PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR MEMORANDUM TO: Board of Appeals FROM: Scott A. Stocking, Planner DATE: February 13, 1989 RE: Traffic Impact Analysis Express Lube - 164 Sutton Street I have reviewed the Traffic Impact Analysis prepared by Merrimack Engineering Services dated January 1989 and I have the following comments: 1. The projected level of service characteristics of the intersection would remain unchanged during the peak hour if this facility was built, however, I would request the engineer to measure the impact on the intersection if all traffic accessed the site from North Main Street compared to the access as shown. 2. Comments needed from the engineer regarding the safety of the driveway as located on Sutton Street. Issues related to quick turing movements from north bound Main Street traffic going west and turning into the site and cars going east bound on Sutton Street tying up traffic attempting to turn left into the site so close to the Sutton Street/Main Street intersection. � o NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department Tel. (508) 686-3812 DEAR MR. SERIO; I have reviewed the plans for the proposed facility at #164 sutton st..Tbough ,technically it is more of a police concern, the fire dept. is still opposed to any traffic using sutton st. regardless of whether it is an exit or an entrance.I have given Mr. Robert Nicetta information concerning a proposed pit(s) for lubricating purposes and this information is self-explanatory. Feel free to contact me should there be any questions. Respectfully yours, LT. ANDREW MELNIKAS 47- axoeae-d "SMOKE DETECTORS SAVE LIVES" 527 CMR: 13OARD OF FIRE PREVENTION REGULATIONS 5.02: continued (11) When motor vehicles which are kept in a garage are loaded with, merchandise which is of such a flammable nature as to be readily ignitible, such garage shall, if in the opinion of the head of the fire department it is deemed necessary, be equipped with automatic sprinklers. (12) Any portion of a building below the street level hereafter to be used as a garage, lubricating pits and garages under 527 CMR 5.02 (10) excepted, shall have its enclosing walls constructed of noncombustible material and shall have a fireproof ceiling and shall have not less than . two (2) independent exits therefrom direct to the outer air suitable for personnel, and located as far apart as possible. (13) No portion of a building below the street level, with the exception of lubricating pits, shall be used as a garage unless the portion so used is equipped with an. adequate mechanical ventilating systema or unless so situated or constructed as to allow a free and natural floor ventilation sufficient to remove all vapor and gases therefrom. (14) All stairs, ramps, elevators, lifts, light or ventilating shafts or other ducts in a garage shall be enclosed throughout their entire height with fire partitions, except that shaftways serving only two adjacent stories shall be enclosed throughout the entire height of at least one of the two stories. (15) All door or window openings in a shaft in a garage.shall be protected by fire doors or fire windows. All doors to stair shafts shall be self-closing and all doors to other shafts shall be automatic -closing. All windows in shafts shall be stationary or automatic -closing. . (16) All fire windows in interior partitions in a garage shall be stationary or automatic -closing, and the stool level of same shall be located not less than one (1) foot above the floor. r (17) Any window in an external wall of a garage having a net floor area of not more than five hundred (500) square, feet, which is wholly or in any part within five (5) feet of and facing any adjoining lot line, .or any window in any external wall of a garage having a net floor area of more than five hundred (500) square feet, which is wholly or in any part within ten (10) feet of and facing any adjoining lot line, shall be a fire .window and shall be stationary or automatic -closing. (18) Any skylight in the roof of a garage within twenty (20) feet of any building of a greater height than the garage shall be a fire skylight. (19) All partitions in second-class buildings occupied as garages, having a net floor area of more than two thousand (2,000) square feet, shall be fire partitions or fire protected on both sides and all openings in such partitions .shall be protected with fire doors or fire windows, except as provided for interior partitions in the definition of first-class buildings. (20) A building or other structure occupied as a garage, if of second-class construction, shall not exceed three stories in height; if of third-class or fourth-class construction, shall not exceed one story in height. (21) The ceilings of all one-story buildings of second-class construction used as garages, having a net floor area of more than two thousand (2,000) square feet, and the walls and ceilings of all buildings of third-class construction used as garages, having a net floor area of more than two thousand (2,000) square feet, shall be fire protected, except in the case of a mill constructed roof where there is a clearance of twelve (12) feet or more between the floor and the roof planking. (22) A building of second-class construction hereafter erected of more than one story in height, to be occupied as a garage,.shall have a fire protected ceiling below the roof, except in the case of a mill constructed roof where 12/31/86. 527 CMR - 48 i� '►ORT► O`tt-eo '161"0 WILLIAM V. DOLAN Chief of Department NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 To: Mr. Frank Serio, Chairman Board of Appeals From: Lt. Andrew Melnikas, Fire Prevention Officer Re: Express Lube, 164 Sutton Street Date: February 22, 1989 Tel. (617) 686-3812 This letter is in reference to the proposed development for 164 Sutton Street, the Express Lube. Chief Dolan and I along with police Safety Officer Fucca, were to have a meeting with the representatives of this project on February 22, 1989. For whatever the reason, these representatives were not present. The Chief and I still are opposed to the project as it currently stands. To add an entrance or exit off of Sutton Street would only create more problems for an already troubled area. We would be glad to work with the Express Lube people in order to achieve a more agreeable solution. Lt. Andrew Melnikas, Fire Prevention Officer i liam V. Dolan, Fire Chief "SMOKE DETECTORS SAVE LIVES" NORT1j NORTH ANDOVER FIRE DEPARTMENT �* CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department To: Mr. Frank Serio, Chairman N. Andover Board of Appeals From: Lt. Andrew Melnikas Fire Prevention Officer Re: 164 Sutton Street Date: February 20, 1989 Tel. (617) 686-3812 I attended your meeting on February 14th. As you are aware, the Fire Department was unable to offer any input with regard to the itmes on the agenda, particularly concerning 164 Sutton Street. In the future, in order to avoid this reoccurring, may I suggest the Fire Department receive not only the agenda for:the.meeting but any plans which we should review. Lt. Andrew Melnikas, Fire Prevention Officer "SMOKE DETECTORS SAVE LIVES" $NORT{f j. O�1p 6'�0 ( Y 6 0 xi 9q i a TOWN OF NORTH ANDOVER F MASSACHUSETTS , t: BOARD OF APPEALS , } THIS IS TO ADVISETHAT THE PETITION 439-89 FOR RONALD A. MERINO, HAS BEEN CONTINUED UNTIL OUR REGULAR MEETING ON MARCH 14, 1989 AT 7:30 P.M. IN THE SENIOR CENTER, LOCATED.BEHIND THE TOWN BUILDING. ' IF YOU HAVE ANY QUESTIONS,REGARDING THIS CONTINUATION, PLEASE ADVISE THIS i OFFICE.. k Audrey W7 Taylor,; cretary BOARD OF APPEALS Dated: 2/16/89 t f :r r a r t .a -tQ KAREN H.P. NELSON, DIRECTOR 11EMORANDUM TO: OF NOR iH, • of OFFICES OF: r' o °m " Town of APPEALS a : e NORTH ANDOVER BUILDING '° :: '^,,, 0• CONSERVATION °" $�s4 DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR 11EMORANDUM TO: Board of Appeals FROM: Scott A. Stocking,'W Planner DATE: January 31, 1989 RE: 164 Sutton Street Variances 8.1 (1), 8.2 (1), 7.3 (1) 120 Main Street North Andover Massachusetts 01845 (508) 682-6483 The applicant has met with me and has attempted to address the concerns I have for this project. I have the following comments based upon his revised plans dated January, 1989: 1. The applicant must submit a detailed traffic study to prove that his driveway which access Sutton Street is safe. Staff is of the opinion that the design is not safe and will create a traffic hazard and traffic congestion at the Main/Sutton intersection. 2. The parking variance would provide for less paving on the site, and would still adequately provide for the use due to the operation of the facility and the number of employees. 3. Staff strongly suggests that the paved area between the building and the corner of Main and Sutton Streets be eliminated and landscaped. 4. Staff requests clarification of the language contained in Section 8.2(1), it is very confusing and we need your determination regarding it intent. Page 2: 5. The dumpster should be adequately screened on four (4) sides by a solid wood fence at least 6 feet high. 6. The final landscaping plan should be submitted to staff for final approval. Suggest some street trees be added to this proposal. R . ived by Town Clerk:EIVED DANNG TOWN CLERK NORTH A 8Cr4��R , JAN 23 10 39 A'8 TOWN OF NORTH ANDOVER, MASSACHUSETTS I30ARU OF APPEALS (603) 642-8893 APPLICATION'FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant. Ronald A. Merino 1. Application is hereby made: - ______Address 66 Route 125, Kingston, NH 03848: 8.1 Paragraph 1 a) For a variaye from the requirements 'of Section 8,2 Paragraph 1 and Table 2�_of the Zoning By Laws. 7.3 Paragraph 1 b) For a Special Permit under Section -Paragraph —of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s) _numbered Street. b) Premises affected are property with frontage on the North (x) South ( ) East ( ) West ( ) side of Sutton Street Street, and known as No. 164 Sutton Street Street. c) Premises affected are in Zoning District GB_, and the premises affected have an area of15950_ +/-square feet and frontage of 165 +/- feet. _ 3. Ownership a)-.' Name and address of owner (if joint ownership, give all names): Sanlau Realty Trust, 231 Sutton Street, North Andover MA Date of Purchase Previous Owner b) If applicant is not owner, check his/her interest in the premises: x Prospective Purchaser Lesee 44 Size of proposed building: 30 front; 60 Height 1 stories; 17feet. a) Approximate date of erection: March 1989 Other (explain) feet deep; b) Occupancy or use of each floor: Oil change, lube and associated service c) Type of construction: Masonry -block -and. recast concrete planks 5. Size of existing building:_ _ feet front; _ feet deep; Height __stories; _ fee -t. a) Approximate date of erection: No building on the site b) Occupancy or use of each floor: c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises. Yes If so, when? August_ 1988 :, escription of relief sought on 'this petition R 'duction to 5 parking s0aces;.`�• .. from required 10, reduction of 501setback from res,�dential district relief fr.d!; i::1.15' landscape buffer on both sides of property thai"-border a residential zone.:,:. .•.'..Deed recorded in the Registry of .Deeds zn Book ' -' Page .• Land.Court Certificate No. Book 16A 'Page .11r, M �`6 he principal points upon which I base my application are as follows: must be stated_., in detail) ; Erection of the'pro�osed building would not cause significant infringement •, on surrounding residential district given the fact -'•-that the surrounding area is largely commercial reduced parking places still rovides ad.e nate onsite parkT`ng75*n—=aT1ows tor more landscaped area: as opposed to a paved -area. agree to pay the f' 'ng fee, dvertising in newspaper, and incidental •' xpenses* ' Signature o etitio �s ' very application f r'action by the Board shall be made on a form approved "t y.• the Board. These forms shall be furnished by the Clerk upon request. ny communication purporting to be an application shall be treated as mere otice' of* intention to seek relief until such time -as it 'is .made on the fficiaL application form. All information. called ..,for by the form shall e furnishes] by the applicant in tlic .manner'�herein,::prescribed. c very -application shall be submitted with a list of'•"Parties In Interest"• .! hick list shall•include.the petitioner, abutters, owners of land directly • pposite on any public. or private street or way, and abutters to the •;„ butters ;within' three hundred feet (300'.) of the property line of the '. etitioner' as they appear. on the most recent applicable tax list, otwithstanding that the land of any such owner is located in another city,''.;:`;�� !' r town, the Planning Board of the city or town,, and the Planning Board of�.:;� (`I very abutting city or town. ' , Every application shall be submitted with an appl•ieation charge cost in e amount - of $25.00. In addition, the petitioner shall be responsible r any and all costs involved in bringing the. petition before the. Board.;::: ;;'�'`( ch,, costs shall include mailing and publication; but are not necessarily; ) l}, l imited to these. cry application shall be submitted with a plan of land approved by the ard. No petition will be brought before the Board unless said plan has ,• ' '-;"'� en submitted. Copies of the Board's requirements regarding plans are �:'• tached'hereto or are available from. the Board of Appeals upon request.'.. ,`Z! LIST OF PARTIES IN INTEREST Name Address ;t .ri,' (use additional sheets if''necessary) ,,.,',.,r;• i 4oaIIY J. Ai,7 /e c Jr. ,'uvSc`/ z. #e1-r1r1,ck 10 c,et,�4-r C/ 00 LP z --A w c) 0 0 CL > 0 o OL > 0 , CD '0 CD a) m M c 0) (n :3 cn (o OD 4�-- CTI Any appeal shall be filed within (20) days after the date of.r� of this Notice in the Office- of the Town Clerk. Ronald A. Merino 164 Sutton St. N. Andover, MA 01845 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION RECEIVED DANIEL LONG TOWN CLERK NORTH ANDOVER APR 20 9.19,AM.'$9 Date ....Apra l..2.Q a .19$9........ . Petition No.....:3.9- 8 9 ............. Date of Hearing ....April l.l, 1989 Petition of ......Ronald A..Merino...................................................... Premises affected ...16.4 .Sutton. St............ ........................................ Referring to the above petition for a variation from the requirements ofAM .Section. .7., -Para. 7.3 Section 8, Para. 8.1(1) and 8.2(1) and Table 2 of the Zoning ByLaws ........................................................................................... so as to permit .reduction • to• five - (5) • pa -r -king. spaces • from -the. required • ten•(1.0),.• reduction of 50' setback from residential district, relief from 15' landscape .........................:.............................................................. buffer on -both sides of property that border a residential zone... After a public hearing given on the above date, the Board of Appeals voted to DENY ......: the VARIANCES AS REQUESTED .. movikAnx............................................................................... e� � ,: yr .: .: h .fit, �Z, 'L• ''!b'' � v��.�♦ r: yr4 r.w' ,�;• , �, , ..., ., .e. r�, .�, , � �, Signed Frank Ser'., Jr..,.Chairman Alfred Frizelle, Vice-chairman Augustine Nickerson, Clerk .............................. I.......... William Sullivan ....................................... Walter Soule ................................. Board of Appeals E y NORTH, - t.. ss1CMUs� + TOWN OF NORTH ANDOVER t MASSACHUSETTS• ' BOARD OF APPEALS: Y n f 4 Date Dearl Applicant: 1 Enclosed. -is a.copy of�the legal notice for your application before the Board of Appeals. t h Kindly submit $ (`&-v for the following: % Filing Fee i$ t Postage $' �i 0-0 } 1 Your':check must be made payable to the Town,of North Andover and may be sent to my attention at.the Town Office Building, 120 Main 14 Street, North Andover, Mass. 01845. xSincerely, Y. BOARD.OF APPEALS E . _ Y ' Audrey ITaylor, Clerk £ 3 ` Y Y p pORT1� Up/,,.o ,agti0 X153^C HUSt1� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Dear Applicant: r i i Dater 3d Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ for the following: Filing Fee Postage 1 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Audrey W. Taylor, Clerk f - . . ... -.Y. .cxv-.�-..mss..: v-e—..�...--•,.,'-'----_-r ti ` SanLau/Sutton Boa i4u1-p+Frt' w'� TOWN OF NORTH ANDOVER BOARD OF APPEALS <• �� a RNOTICE *° Y cf ,NORT►, SOYL L Notice is.here'by gi>�`en.thafthe $oa`rd`of Ap- „ :peals will, hold a public hearing' -at the '.Senior Citiien's<Center>;locited at:t a rear,of the ..Mown:.Building; 1'20 MainStreet ;,North An- �,'•�;,,,,; ,.•` �y VdovsKDrf Tuesdayjthe 14th day.of, February 9SSACHuS£` 'at-4.30II.o clock, to all parties; interest- ed inpthe apPpeal of Anne.M. Messina b `°Safvatore,;.;A Messina,:.�,Trustees of OF NORTH ANDOVER SonLau Rsalty!Trust requesting a variation -1of Sec..17,; Paragraph' 7.1,. 7.3, ;Table 2 of the ASSACHusETTS Zoning. Br -..Law so, as to permit construction of a'retail business, in a general business Alstrict:,; Applicant. seeks variancefor front, Z D OF APPEALS side ;anti :rearrsetback and.,f&- lof„area. on 4he.pro mises ,located at 164, Sutton, Street, ZvZornn District �B NOTICE V y Order of the:Bdard'of Appeals ,: William Jf Sullivan; Chairman, T r ��Iorth Andover Citlzen,l/25 & Wl/95 i Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday the 14th day of February 1995 at -7: 30 o'clock, to all parties interested in the Anne M. Messina & Salvatore A. Messina, Trustees appeal of ' of SanLau Realty Trust requesting a variation of Sec. 7, Paragraph 7.1, 7.3, Table 2of the Zoning By Law so as to permit construction of a retail building in a general business district. Applicant seeks variance for front, side and rear setback and for lot area. on theremises p located at 164 Sutton Street, Zoning District GR By Order of the Board of Appeals William J. Sullivan, Chairman Jan. 25 1995 & Feb. 1 1995 Publish in the North Andover Citizen on�XX� �.1. A . 0 RECEIVED JOYCE BRADuHAW TOWN CLERK An appeal eal shall be filed f., 1853 NORTH ANDOVER within (20) days after the �'►:;S�cHis�{,f date of filing of this TOWN OF NORTH ANDOW3 8 39 AM 95 Notice in the Office MASSACHUSEZTS of the Town Clerk. BOARD OF APPEALS NOTICE OF DECISION Date February. 23, .1995 Petition No...007-95.............. Date of Hearing... February. 14, .1995 Petition of .....Anne M. Messina & Salvatore A. Messina, Trustees of SanLau.Realty Trust Premises affected 1.64. Sutton.Street.......................................................... Referring to the above petition for a variation from the requirements of W. Sect ion . 7 ,.... . Paragraph 7.1., 7.2, 7...3 .and. Table .2. of. the Zoning Bylaw ........................ so as to permit relief . of. 9.,.050. s. f..lot . area.,, .front, .setback, of..17' (19.'.,..side. setback of 22'..5.',,. and. rear . setback . of . 20.'..so . as. t.o .pprmit..construction . of. a .retail, building in a general business district at 164 Sutton Street. After a public hearing given on the above date, the Board of Appeals voted to ..GRANT. the Variance as requested ... and hereby authorize the Building Inspector to issue a permit to Anne M. Messina. .&. Salvato.re .A. Messina,. Trustees. of..SanLau. Realty. Trust f�xons��f�trexabo��hup�z�ngx�an�te�t The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The locus is an unusually shaped lot in a unique location, and the applicant would suffer hardship if the requested variances were not granted. Signee�d j'k Walter Soule, Acting Chairma ' Robert.Ford . .. .......... ....... Scott Karpinski John.Pallone ........................... Joseph Faris .............................. Board of Appeals ^.ny 2pr)ea! sha!! be fiivd !fihin;. ,,s aver the (..:: .ate of of ti?is Novice in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ******************************* * Anne M. Messina and Salvatore A. Messina, Trustees of SanLau Realty TR 109-123 Main Street, Ste. E2 North Andover MA 01845 ******************************* <;EG I JO TOWS, CLE1-,K NORTH ANDOVER E8 Lit, Air DECISION Petition #007-95 The Board of Appeals held a regular meeting on Tuesday evening, Februry 14, 1995 upon the application of Anne M. Messina and Salvatore A. Messina, Trustees of SanLau Realty Trust requesting a variance of Section 7, Paragraph 7.1, 7.2, 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of 9,050 s.f. lot area, front setback of 171/191, side setback of 22.51, and rear setback of 20' so as to permit construction of a retail building in a general business district located on 164 Sutton Street. The following members were present and voting: Walter Soule Robert Ford, Scott Karpinski, John Pallone and Joseph Faris. The hearing was advertised in the North Andover Citizen on January 25, 1995 and February 1, 1995. Upon a motion by Robert Ford to GRANT the variance as requested, seconded by John Pallone. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The locus is an unusually shaped lot in a unique location, and the applicant would suffer hardship if the requested variances were not granted. Dated this 23rd day of February, 1995. BOARD OF APPEALS Walter Soule, Acting Chairman IF MORE THAN 20 NAMES PROVIDE 2 SETS LABEL: PRINT CLEARLY OR TYPE USING BLACK INK. L ZBA. Premises to be affected: I(D� & rya Aj�'� �� UQ • ,�)�d �V t n . LIST OF PARTIES OF INTEREST SUBJECT PROPERTY �,UDRESS MAP PARCEL LOT NAME � _ �3 iI✓{I N 7. Ny `'�' 2 lb ABUTTERS ucit- Ft ******************************* * Anne M. Messina and Salvatore A. Messina, Trustees of SanLau Realty TR 109-123 Main Street, Ste. E2 North Andover MA 01845 ******************************* DECISION Petition #007-95 The Board of Appeals held a regular meeting on Tuesday evening, Februry 14, 1995 upon the application of Anne M. Messina and Salvatore A. Messina, Trustees of SanLau Realty Trust requesting a variance of Section 7, Paragraph 7.1, 7.2, 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of 9,050 s.f. lot area, front setback of 171/191, side setback of 22.51, and rear setback of 20' so as to permit construction of a retail bulding in a general business district. The following members were present and voting: Walter Soule, Robert Ford, Scott Karpinski, John Pallone and Joseph Faris. The hearing was advertised in the North Andover Citizen on January 25, 1995 and February 1, 1995. Upon a motion by Robert Ford to GRANT the variance as requested, seconded by John Pallone. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw,.-) Dated this th day of February, 1995. BOARD OF APPEALS Walter Soule, Acting Chairman r �/ APPLICANT: Anne M. Messina & Salvatore A. Messina, Trustees of SanLau Realty Trust Zoning Relief Requirement Rice wired Provided Requested Lot Area 25,000 s.f. 15,950 s.f 9,050 s.f. Setbacks: Front 25' 876' 17719' Side 25' 2.5' 22'.5' Rear 35' 15 20' IPWMERRIMACK ENGINEERING SERVICES, INC, PROFESSIONAL ENGINEERS • LAND SURVEYORS • PIANNERS 66 PARK STREET • ANDOVER MASSACHUSETTS 01810 • TEL (508) 475.3555, 313.5721 • FAX (508) 475-1448 February 14, 1995 Attorney Domenic J. Scalise 89 Main Street Andover, MA 01.810 RE: San Lau Realty Trust Zoning Board of Appeals Dear Attorney Scalise: BY FAX & MAIL Relative to the subject and the correspondence transmitted to the Town of North Andover Board of Appeals by Guilford Transportation Industries, Inc. dated February 3, 1995, ,please be advised that no activity on the San Lau Realty Trust lot will occur within 32 feet of the centerline of location of the railroad. The building is located 15 feet beyond that or in excess of 47 feet from centerline of location. In my opinion, no negative impact to the Guilford Transportation right of way is anticipated Prom the San Lau site development, Given the above, please do not hesitate to contact me should you have questions or comments. Very truly yours, cd cc: Anne Messina (by fax) SERVICES a 3 PAINT CLEARLY AND USE BLACK INK. Received by Town Clerk: 0, TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE RDI ANCin Street, Suite E2 Applicant Anne M Messina &Salvatore A. Address North Andover, MA 01845508) 686-8683 Messina, Trustees of SanLau Realty Tel. No. Trust, 109-123 Main Street, Suite E2 1. Applicgk�A �dTRr11 e 4r�ade of a) For a variance from the requirements Paragraph 7-1, 7.3 and Table 2 of the Zoning Bylaws. C'G`1.�1�11=�0 :)vih1N/�'t:Y,i•i`1�,�1�11 Jig: fs11: �.:a1��(•1 �111/11111�:'r:►.�: �N,1:e11o•1.1.1.1.�1. �i'i1 i�it•;�1!t�ii�14`ifi,il:.��1;1:J�C.11 P1?1C�t�11i��N:`^,11i`..�.1�1^y<f��.1�11!J1:�t11•C1authority. 2. a) Premises affected • x and building(s) numbered 164 Sutton b) Premises affected are property with frontage on the North(X) South ( ) East ( ) West ( ) side of Sutton and West Side of South !_;xgwwwt ,Main Street. Street, and known as No. 164 Sutton Street. C) Premises affected are in Zoning District , and the premises affected have an area of 15,950 square feet and frontage of 165.02 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) Anne M. Messina and Salvatore A. Messina, Trustees of SanLau RealtyTrust Date of Purchase 3/13/72 Previous Owner Messina !1! �.:►?11�+�!P�1-�.1_»11111 ♦11'! ifiaaid.f.J1��fc>1�`'��:►91ihl:�+eir1/111111U.t�:;�y��-a�a111.1.1.1111`9'! ll--!!• 2. ��t�11' �.1� ►1111 ♦ • 4 Size of proposed building: 100' front;401 feet dee • stories; • a) Approximate date of erection: Upon a val and issuance of •' 5. C -V %. b) Occupancy or use .of each floor: Retain C) Type of construction: Block with brick facade Has there premises? been a previous appeal, under zoning, Yes If so, when. _jpprnxJma Ply 7-8 on these years ago Description of relief sought on this petition Variancefor fmut, side and rear setback and for lot area i�aa�i:K�l��' ♦x•11+?l11'±!!1!!1i 2� ♦1111111/11i�1� !��1111/1/11f:J,,�:!•1111 The principal points upon which I base my application are as follows: (must be stated in detail) Applicant seeks variance for front side and rear setback and for lot area in order to construct a retail building in a general business district. Relief may be granted W;trnut suhstantial detriment to the public good and without nullifying or substantially rom the intent or of the by-law. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* / / n f1 Signat Domenic J. Scalise- A torney for of Petitiop(er(sf Petitioners Every application for action by the Board shall be made on d b the Board These forms shall be furnished a form by the approve y - Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted the asto"Parties of Interest" which list shall include petitioner, 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 they appear on the most recent applicable tax list, notwithstanding that the land of any such owner city t located townn andanother the Planningtown, Boardthe of Planning Board ofY every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. APPLICANT: Anne M. Messina & Salvatore A. Messina, Trustees of SanLau Realty Trust Zoning Requirement Re uired Provided Lot Area 25,000 s.f. 15,950 s.f Setbacks: Front 25' 8'/6' Side 25' 2.5' Rear 35' 15' PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN ZO NAMES PROVIDE 2 SETS LABELS. ZBA. Premises to be affected: lbSu m Q JUG • 0VE'� LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP PARCEL LOT NAME ADDRESS n T► S /�. 4 it l �- a T'�% _ !�l • ABUTTERS MAP PARCEL LOT NAME C 2F��t �sr ADDRESS fi a4', TR�(rigo�Y ��,�,� tum► 1� Qe(d o� i dt�s kY S Na. ANd. s �v. R�►I� k i9�� vt BnN K- oZ� Soi- I OSA R I i d E ori JT. o EiN Usti --A O u,t 1 No, FZ �1 vsstLL HWAICLI I 17 1 6 Ld Ctsmi ►� t,� .� -� Noe v � u � D xyb Wfl-�E RIE! I -- �� u2skcs rrn� ld — C,9 -NGS � X11 -- _LaitiCA i O 9�a i I �n � 402 Amherst Street - Suite 300 Nashua, NH 03063-1287 603 5951614 603 595 2414 FAX February 3, 1995 Board of Appeals Town Office Building North Andover, Massachusetts 01845 Dear Sir: o 0 V RD FEB - 71995 BOARD OF APPEALS I have recently received a notice, copy enclosed, pertaining to a land use within your jurisdiction. Guilford Transportation Industries, Inc. manages the real estate matters for several corporations and as such would like to respond to your notice. This notice applies to one of the corporations owned by Guilford Transportation Industries, they are as follows: ° Boston and Maine.Corporation Maine Central Railroad Company Springfield Terminal -Railway Company ° Hudson River Estates, Inc. ° Delaware River Estates, Inc. DH Estates, Inc. (formerly Delaware and Hudson Railroad) Please excuse the form nature of this letter. However, the railroads receive many notices each day and it is often difficult to review the topic of each notice between the time in which it is received and the date set for hearing. Therefore, we ask your cooperation in this regard. Although the railroads are concerned with each and every notice, there are certain instances which you may become aware of that are of particular concern. The railroads are concerned about any petition which involves land plans showing a crossing of railroad property. The railroads' concern exists even in the event that your petitioner indicates that it is the holder of a valid railroad crossing. Further, the railroads are particularly concerned about development within 25' from the centerline of an existing railroad track, even if such development occurs on non - railroad property. As such, petitions for variances from set back requirements can be particularly troublesome. Board of Appeals February 3, 1995 Page Two The railroads ask your cooperation in bringing their attention to any such matters. This letter should not be construed as a waiver of any other objections which the railroads may have to a proponent's plan. Thank you for your anticipated cooperation in this regard. Sincerely, Zeonard A. Lucas Vice President LAL:img c: Stephen F. Nevero Vice President -Engineering (above w/enc.) Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday." 14th February - the day of } 19 95 at 7: 30 o' cloc::, to all parties interested in the Anne M. Messina & Salvatore A. Messina, Trustees appeal of of SanLau Realty Trust requesting a variation of Sec. p SanLau/Sutton Boa 7.1, 7.3, Table 2of ' LEGAL NOTICE" By Law :.:TOWN OF NORTH ANDOVER . BOARD OF APPEALS NOTICE 'a "O ;T" ,tio _ Notice is hereby given that the Board of Ap. °t peals will hold a public hearing at the Senior` -' Citizen's Center located , at the rear of the "Town Building, 120 Main Street, North An- ; ,,'-�::.,, dover on Tuesday the 14th day of February 1995, at 7:30 o'd6ck, to all parties interest- .:•-�5 9SSACHU5E' ed In -the appeal of Anne M. Messina 6 Salvatore A. Messina,. Trustees of SanLau Realty Trust requesting a variation OF NORTH ANDOVER of Sec. 7, Paragraph 7.1, 7.3, Table 2 of the ASSACHusETTS Zoning By Law so as to permit construction of a retail business in a general business district. Applicant seeks variance for front, side and rear setback and for lot area. on 2D OF APPEALS the premises, located at 164 Sutton Street, Zoning District GB.... NOTICE By Order of the Board of Appeals . William -J. Sullivan, Chairman :-North Andover Citizen 1/25 & 2/1/95 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday." 14th February - the day of } 19 95 at 7: 30 o' cloc::, to all parties interested in the Anne M. Messina & Salvatore A. Messina, Trustees appeal of of SanLau Realty Trust requesting a variation of Sec. 7, Paragraph 7.1, 7.3, Table 2of the Zoning By Law so as to permit construction of a retail building in a general business district. Applicant seeks variance for front, side and rear setback and for lot area. on the premises, located at 164 Sutton Street, Zoning niarrirt CR By Order of the Board of Appeals William J. Sullivan, Chairman Jan. 25 1995 & Feb. 1 1995 Publish in the North Andover Citizen onXXXXXX�;i A • AiNT CLEARLY AND USE BLACK INK. ,ExV::.si'L x ?Tt t EF. ttORT#OVR, IJAH '42 Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE 109-123 Main Street,.Suite E2 , Applicant Anne M Messina & Salvatore. __ North AndoverMA 01845 A Address 508) 686-8683 Messina, Trustees of SanLau Realty Tel. No. Trust,109-123 MainStreet, Suite E2 1. App1icQa dT,serh en�Y�S4 ade Fora variance from th- Tableuirements of Section-- 7 Paragraph 7-1, 7-1 and of Zoning �!'t.L.�1�11=�'►.tr)viF►:►1/�'trY.i'ii��1�1,1 J,i= i:J1: �.t<�11i�<�:f �111/111N�:'r:►�: �•�:1:'.� ►�►•►A.1.1.�1. r,i'iliit:�l+L�i, O4iG,i1C.��11:?�C.1♦ tic?:7-�-C .�i`•ci7 �_ i��,�'q��•►r r.g,.. _ _ - _iA �►.J.. t 1 � t' A. i..C.GF:PM<_ �e�iilial .� 1 �� , p : � • 2. a) Premises affected are land X and building(s) numbered 164 Sutton Street. b) Premises affected are property with frontage on the North (X) South ( ) East ( ) West ( ) side of Sutton Street and West Side of South i .Main Street. Street, and known as No. 164 Sutton Street. C) Premises affected are in Zoning District GB , and the premises affected have an area of 15,950 square feet and frontage of 165.02 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Anne M. Messina and Salvatore A. Messina, Trustees of SanLau Realt Trust Date of Purchase 3/13/72 Previous Owner G Mess—n— • ♦1�Svf.4:ai-.f.JJ��<+f�N�`'��:►�ii,f.:1:�e�;11111111►.t�:;��apa��111A.1A1N`�!!'!l'•'•!!♦ 2. 4. Size of proposed building: 100' front;401 feet dee <>,i�i=:11..�•i1i•.15'r�:t.�ZP4.1aii:foJ��lis?.Li10tzLi�:f.►,��C.►1:Oi(c:1:M�1c�,11:0.�:�•u�► O ��r�11' �•1�►11111111 fleight 1.5 stories;• a) Approximate date of erection: Upon �iand�issuance of permits b) Occupancy or use of each floor: Retain C) Type of construction: Block with brick facade 5. Has there been a previous appeal, under zoning, on these premises? Yes If so, when? Approxima i= 7-8 years ago 6. Description of relief sought on this petition Variance for front, side and rear setback and for lot area 7. Deed recorded in the Registry of Deeds in Book 1189 Page 316 The principal points upon which I base my application are as 1 follows: (must be stated in detail) Applicant seeks variance for front side and rear setback and for lot area in order to construct a retail building in a general business district. Relief may be granted withniit substantial detriment to the public good and without nullifying or substantially t or law. I agree to pay the filing fee, advertising in newspaper, and incidental expenses*// Domenic J. Scalise- At Signaturesof Petiti Zev for the Petitioners Every application for action by the Board shall be made on approved by the Board. These forms shall be furnished t An communication purporting to r(s a form by the be an Clerk upon reques . y application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include 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 (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the he land of any such fo owner the located in and another the Planning town,the of Planning Board every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's 1 ns are attached hereto or are available requirements regarding p a from the Board of Appeals upon request. APPLICANT: Anne M. Messina & Salvatore A. Messina, Trustees of SanLau Realty Trust Zoning Requirement Required Provided Lot Area 25,000 s.f. 15,950 s.f Setbacks: Front 25' 8'/6' Side 25' 2.5' Rear 35' 15' ' "'PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABEL: ZBA. Premises to be affected: SUTS3 sT��r u4. ,�1�doVt1 LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP PARCEL LOT NAME LTJ 2 ADDRESS " - a3 m-A PSN ,��t ABUTTERS MAP !PARCEL ILOT NAME C 2��rLt ��r ADDRESS ST . r I I TR�,01140 9N W101 -oWe(D i c�t�S�Y Sty Svo, Aati�. 1I-1 T2v)CI -3c vf3.2cs, 1.1 t► K- (01 i os.y JT. o f•1 V f L A SS E �� 91 st��,ck . ,r i j17 i i��c�.�►�� cyl- va�� i �2.AAc /� �c''mn�d C,4NC' i L,ti A i I i I PRINT CLEARLY AND USE BLACK INK. Received by Town Clerk: REE F IVF- , JOYCE BPAD rpt t NOR TOWN Q - ANDOVER iAN 61 I i 2 rltl 155 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Anne M Messina & Salvatore A - _Messina, Trustees of SanLau Realty Trust, 109-123 Main Street, Suite E2 1. App1 icQadTrhe4ade 109-123 Main Street, Suite E2 ddress North Andover, MA 01845 Tel. No. _(508) 686-8683 Tablea) For a variance from the requirements of Section 7 Paragraph 7-1, 7.1 and It'hr1.i1�1 =�: �),viF1;NP'!r).iii....i10,1�1,i:i:♦1:�..11i�(�:1411/1/1N1:'t%:►.•::�1,1::��►1.1.1.1.1A. r,i'♦1 i�if-; �t�i. A4ifi, ♦:.� 1;'. ?t�C.1• ^P1.?♦P�i� ii��j ;�.1 i:�. �4��1��.♦R�1'J♦4�1� 1:C -- authority. Premises affected are land �L_ and building(s) numbered 164 Sutton b) Premises affected are property with frontage on the ( ) side of Sutton North (X) South ( ) East ( ) West and West Side of South PsxgVpWn , Main Street. Street, and known as No. 164 Sutton Street. C) Premises affected are in Zoning District SB , and the premises affected have an area of 15,950 square feet and frontage of 165.02 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Anne M. Messina and Salvatore A. Messina, Trustees of SanLau Realtj Trust Date of Purchase 3/13/72 Previous Owner C; Mesama ♦1♦'.ifiaai�.f.JiPOt�)♦!►�:��i�F.l:a:i;♦♦♦♦♦♦N�►.f:/:�o�:a:a♦• .♦.♦.♦♦N`�!!!l'-'•!i♦ :if.��i♦it,P31!P 1! ;3114 112. 4. Size of 1]11i a:i�:f.�a�i�.�♦;. i<c:�wq.�.♦♦So.�:�'1��1 proposed building: 100, front;401 feet dee Height erection:a) Approximate date of Upon approval and issuance of pennits b) Occupancy or use of each floor: Retain C) Type of construction: Block with brick facade 5. Has there been a previous appeal, under zoning, on these premises? Yes If so, when? Approximately7-8 years ago 6. Description of relief sought on this petition ydr;anre for front, side and rear setback and for lot area 7. Deed recorded in the Registry of Deeds in Book 1189 Page 316 The principal points upon which I base my application are as follows: (must be stated in detail) Applicant seeks variance for front side and rear setback and for lot area in order to construct a retail building in a general business district. Relief may be granted without substantial detriment to the public good and without nullifying or substantially erogating from the intent or purpose of the by-law. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* I ignature o Petitioner( ) G Domenic J. Scalise- Atto ey for the Petitioners Every application for action by the Board shall f 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 relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest which list shall include 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 they appear on the most recent applicable tax list, notwithstanding that the land of any such owner city 1 or locatedinn and another the Planning town,the tof Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. ir, APPLICANT: Anne M. Messina & Salvatore A. Messina, Trustees of SanLau Realty Trust Zoning Requirement Required Provided Lot Area 251000 s.f. 15,950 s.f Setbacks: Front 25' 81/6' Side 25' 2.5' Rear 35' 15' ''« 1 IF MORE THAN 20 NAMES PROVIDE 2 SETS LABEL PRINT CLEARLY OR TYPE USING BLACK INK. : 1 ZBA. Premises to be affected. S,)rT3)j No• LIST OF PARTIES OF INTEREST SUBJECT PROPERTY ADDRESS MAP PARCEL LOT NAME MA N 'T. Q f I V 16 ABUTTERS FM -AP-- jPARCEL LOT I I NAME C j4TEl /Z��}lty TazA,16 L � 9 N A UJ LL t fel i �� f ADDRESS S ; Eu&NS dl sEv St, tv�. R4ML N .n r 1.4- 9.0ti J Ce cd t �1 ►9 Gi ISI Q ► I (Z c+Z E1r 3T. o Ati Uf�� I i I dY'1 Sf"rv'1c:1 S'7- � �•2 v t bw c; � WAkJ A Ele a �i n A sn •-s i _ i A ,1' � 9�1 �!ll l �%l i �-�: . 46 PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABEL: U p a ZBA. Premises to be affected: SU rT3 %j� �� N 4 • ,�)JJ d� Vt n LIST OF PARTIES OF INTEREST ABUTTERS vCti. Z 1 C SanLau/Sutton Boa.a. r;r • ;• LEGAL NOTICE" TOWN OF NORTH ANDOVER" BOARD OF APPEALS rcer►, NOTICE Notice is hereby given that the Board'of Ap- 0 n peals will hold a public hearing at the Senior . . -' Citizen's Center located at the rear of the -'Town Building, 120 Main Street, North An- �,� • ::: ; ::•t�5 clover on Tuesday the 14th day of February 1995, at 7:30 o'clock, to all parties interest- SS4CNUSE ed in -the ap�eal of Anne M. Messina 6 Salvatore A. Messina,, Trustees of OF NORTH ANDOVER SanLau Realty Trust requesting a variation of Sec. 7, Paragraph 7.1, 7.3, Table 2 of the A5sACHuSEifs Zoning By Law so as to permit construction of a retail business in a general business district. Applicant seeks variance for front, ZD OF APPEALS side and rear setback and for lot area. on the premises, located at 164 Sutton Street, Zoning District GB... By Order of the Board of Appeals NOTICE William -J. Sullivan, Chairman . -North Andover Citizen 1/25 & 2/1/95 -- Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center.located at the rear of the Town Building, 120 Main Street, North Andover on Tuesdayth14th da of _ e y February 1995 at 7:30 o'cloc to all parties interested in the Anne M. Messina & Salvatore A. Messina, Trustees appeal of of SanLau Realtv Trust reuuesting a var' at- on of Sec. 7, Paragraph 7.1, 7.3, Table 'of the Zoning B- La':: so as to permit construction of a retail building in a general business district. Applicant seeks variance for front, side and rear setback and For lot area. on the premises, located at 164 Sutton Street Zoning District CR By Order of the Board of Appeals willian J. Sullivan, Chairman Jan. 25 1995 & Feb. 1 1995 Publish in the North Andover Citizen on4XXXyXXKXX ti -+--'S 1.xs."'� a:_ ,..:-9e•=� .a.-ti:'Y^.-t-ti - -. .. .. _:.. '� a.- ,..s,sm __ - _ — ac�+.✓+IYiw......o: Yes,.. .. ... . .......» a TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS cy1(7Y11Di1LF��' C��.ta22C , (�d�. Dear Apalicant: Date:_ 6O7- F6- Sj+►.)L0- _ Rec -�y E :closed is a ccpv of the legal notice for your application t:.e Board of Acceals . lv su*��for the following: r ___nc Fee 3a P c s _ace = � U YL.._ c::ec :gust be ;Wade payable to the Town of North Andover an ma,, Ce sent to .mv attention at the Town Office Building, 120 'la -;.n Otree-, Ncrth Andover, Mass. 01845. 1897 DOMENIC J. SCALISE ATTORNEY LEGAL ACCOUNT 5-20/110 89 M&W ST. N04� ANDOVER, MA 01845 PAYTOTHEJO �/ f/ 0 �a�� ✓vd4r. 2,, '"'"' • �� ORDEROF /_/ 0 N wn / l 0 J DOLLARS 41, Shawm d Bank 1 Boston, Massachusetts FOR i:0 L L000 2061: 32 0 584 5 511 L89 7 1 PRINT CLEARLY AND USE BLACK INK. Received by Town Clerk: s,�C NnCA tfb4fl 41JU ER, TOWN OF NORTH ANDOVER► MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE 109-123 Main Street,.Suite E2 Applicant Anne M Messina & Salvatore A. Address North Andover, MA 01845 Messina, Trustees of SanLau Realty Tel. No. ( 508) 686-8683 Trust, 109-123 Main Street, Suite E2 1. 11ppli (f�JAdTErh(peW4;ade: • a variance from the requirements of Section_---!— Paragraph_Ll, �:'t.1.L1�• E�rt� vik,►N/�'t.Yi•ii��l,hq,i:is��::.(•:�1��<►:1�1��1�1�N�5b:►•:,�►.�::�►oyAA.�.�� ii'i�i�if•;N�t�i, 11ifi.itl:.01;�:?�C.�♦ iso...�.i'_t:1.1.iso':.f��u�L1G.te?�i�<��..�.111.9��<<�P=C► • 2. a) Premises affected are land X and building(s) numbered 164 Sutton Street. b) Premises affected are property with frontage on the North (X) South ( ) East ( ) West ( ) side of Sutton Street and West Side of South t•xg . Main Street. Street, and known as No. 164 Sutton Street. C) Premises affected are in Zoning District , and the premises affected have an area of 15,950 square feet and frontage of 165.02 feet. 3. ownership: a) Name and address of owner (if joint ownership, give all names) : Anne M. Messina and Salvatore A. Messina, Trustees of SanLau RealtJ Trust Date of Purchase 3/13/72 Previous Owner t a ina • ♦N�!Hifi;T.ai4.t.J�POt�)�!'��:►�ii,f.:►:a�►;�♦♦��1.t::�:�o�:a�a��.�.1.��N`4'!!<'-i1♦ 2. 4. Size of proposed building: 100' front;401 feet dee <,,i�i= Sof.��•i1i•.►,Pilif.liP4.laii:<.,1��i:(.)i1��t�Lii:1s.►��4. �:. i(e:�w�l^..�,��So.�•a'1��1 Height• a) Approximate date of erection: Upon app ival and issuance of permits b) Occupancy or use of each floor: Retain C) Type of construction: Block with brick facade 5. Has there been a previous appeal, under zoning, on these premises? Yes If so, when? Approximately 7-8 years ago 6. Description of relief sought on this petition Variance for front, side and rear setback and for lot area 7. Deed recorded in the Registry of Deeds in Book 1189 Page 316 The principal points upon which I base my application are as follows: (must be stated in detail) Applicant seeks variance for front side and rear setback and for lot area in order to construct a retail building in a general business district. Relief may be granted c.rithnrnt ciihatantial detriment to the public qood and without nullifying or substantially or law. I agree to pay the filing fee, advertising in newspaper, and incidental expenses*/ ry / Signat Domenic J. Scalise- Attorney for e of Petit oner%(s) the Petitioners Every application for action by the Board shall be made on d b the Board. These forms shall be furnished a form by the approve y Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest which list shall include 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 they appear on the most recent applicable tax list, notwithstanding that the land of any such owner he cit located or town n and another the Planning tBoard tof Planning Board Y every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's t re --ding plans are attached hereto or are available requiremen s g from the Board of Appeals upon request. APPLICANT: Anne M. Messina & Salvatore A. Messina, Trustees of SanLau Realty Trust Zoning Requirement Required Provided Lot Area 25,000 s.f. 15,950 s.f Setbacks: Front 25' 8'/6' Side 25' 2.5' Rear 35' 15' n r.,PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABEL * ZBA. Premises to be affected: Sn�j s'-c-&v� r �f 4, A-ydl0vV\ L IST OF PARTIES OF INTEREST ABUTTERS FZ aT MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO GASFITTING (Print or Type) i^�o 4j✓,00-y6,4- Mass. Date o2 19 77 Permit # d1 X cf J Building Location %r; `f �''prt�,o SoV-dOwner's Name Type of Occupancy 961` G New ❑ Renovation ff' Replacement ❑ Plans Submitted: Yes❑ No (� Installing Company Name /�0O� '001/-�'�� Goxme)v Check one:' Certificate Address Corporation jy� yhi ��,� /��l �i ❑ . Partnership Business Telephone $�UP` C p-?_ -317/ p Firm/Co. Name of Licensed Plumber or Gas Fitter /LI l� C • ��'� �� — INSURANCE COVERAGE: I have a current IiaY insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. Yes (t No ❑ If -you have checked -yes, please Indicate the type coverage by checking the appropriate box. A liability insurance policy 9� Other type of indemnity El Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Owner❑ Agent ❑ Signature of Owner or Owner's Agent I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the General Laws. �L BY . T cense:. Plumber5ignatuie of licensed Plumber or Gas Fitter Title G er ? 3 �y aster license Number City/Town Journeyman APPF<NM (OFFICE USE ONLY) i 0000000n00000 0000�0000� 000000000000000t00000000000 • • Elm END RON m . ... 0000000000000000000000000■ on .. .. 00000000000000000000000000 • • NNEMMMMEE000000000000000 ... 000000000000000000000■ oo■ ... 000000000000000000000■ SON � ... o00000000000000�0000000000 .. o000000000E00000000000000■ Installing Company Name /�0O� '001/-�'�� Goxme)v Check one:' Certificate Address Corporation jy� yhi ��,� /��l �i ❑ . Partnership Business Telephone $�UP` C p-?_ -317/ p Firm/Co. Name of Licensed Plumber or Gas Fitter /LI l� C • ��'� �� — INSURANCE COVERAGE: I have a current IiaY insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. Yes (t No ❑ If -you have checked -yes, please Indicate the type coverage by checking the appropriate box. A liability insurance policy 9� Other type of indemnity El Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Owner❑ Agent ❑ Signature of Owner or Owner's Agent I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the General Laws. �L BY . T cense:. Plumber5ignatuie of licensed Plumber or Gas Fitter Title G er ? 3 �y aster license Number City/Town Journeyman APPF<NM (OFFICE USE ONLY) 2445 Date ... �A ....... TOWN. OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION This certifies that eft 1117 ............... has permission for gas installation ... in the buildings of . . . . . . . . . . . . . . . . . . . . . . . . . . . . at .1 . ......... 'North Andover, Mass. Fee. Lic. No.. ........ .......................... 02/24/97 14.09 GASINSPECTOR 95. 00 PAID WHITE: Applicant CANARY: Building Dept. PINK: Treasurer GOLD: File 4 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO b0 PLUMBING (Print or Type) /'Vv, . AA-r)oo ✓n, Mass. Data •;Z- If 19 ZZ Permit # Building Location le. 7M 'J ST Owner's Name- S�rro� Q U,A�ed LL Type of Occupancy New O Renovation Replacement O Plans Submitted:.' .Yes D Nd l?Y' t FIXTURES B.P. # SEWER # SEPTIC # Installing Company Name -Check one: Certificate # 4 Address ,Lg �� aagv "'' �� O Corporation /yam- vim 4,16 O Partnership �0r- G r3 -3/7� O Firm/Co. Business Telephone d Klan ,& M I iranearl Phimhpr /7 �Gd% �t- �- • w f G�� INSURANCE COVERAGE: 1 have a current li Wily Insurance policy or its,substantial equivalent which meets the requirements of MGL Ch. 142 Yes No O ' If you have checked rte, please /indicate the type coverage by checking the appropriate box. A liability Insurance policy. I� Other type of Indemnity O Bond O OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Owner O Agent O Signature of Owner or Owner's Agent 1 hereby certify that all of the details and Information I have submitted (or enterem In above appncauon are rrue ano auuurate to ule wal -7 ........o..eo and that all plumbing work and installation performed under the permit Issued for this application will be In compliance with all pertinent provisions of the Massachusetts State (Sas Code and Chapter 142 of the General Laws. '51 ./551 By r Title Cityffown APPROVED (OFFICE USE ONLY) Sign to ure of Licensed Plumber Type of License: Master �Journeyman O License Number •? d 1 - MEN NEMN No e e • ■■■■.■■.■■■■■ONNNO■®N.NNON NN No ENNNNNNOMENONN •. • .....■��■■.�■■N..NN®N.NNNN Installing Company Name -Check one: Certificate # 4 Address ,Lg �� aagv "'' �� O Corporation /yam- vim 4,16 O Partnership �0r- G r3 -3/7� O Firm/Co. Business Telephone d Klan ,& M I iranearl Phimhpr /7 �Gd% �t- �- • w f G�� INSURANCE COVERAGE: 1 have a current li Wily Insurance policy or its,substantial equivalent which meets the requirements of MGL Ch. 142 Yes No O ' If you have checked rte, please /indicate the type coverage by checking the appropriate box. A liability Insurance policy. I� Other type of Indemnity O Bond O OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Owner O Agent O Signature of Owner or Owner's Agent 1 hereby certify that all of the details and Information I have submitted (or enterem In above appncauon are rrue ano auuurate to ule wal -7 ........o..eo and that all plumbing work and installation performed under the permit Issued for this application will be In compliance with all pertinent provisions of the Massachusetts State (Sas Code and Chapter 142 of the General Laws. '51 ./551 By r Title Cityffown APPROVED (OFFICE USE ONLY) Sign to ure of Licensed Plumber Type of License: Master �Journeyman O License Number •? d �I Z O Z N v m 4 O x f �. p 4• D Z m A O i • Z N ' N 't A O to ' Z O s � O m N { N 11 .. Z N 3942 '40 0 0 0A SA 64US Date. �- 1.). TOWN OF NORTH ANDOVER PERMIT FOR PLUMBING This certifies that .... .4 ............... has permission to perform ... IVA ylr-: pe.y. .�7 ................. plumbing in the buildings of ... A-4-Fh^-,v .................. at ... .......... North Andover, Mass. Fee./451-. -... Lic. No.-2.7?t!� ............... ............... PLUMBING INSPECTOR 02/24/97 14:09 115-00 PAID WHITE: Applicant CANARY: Building Dept. PINK: Treasurer William Sullivan. Chairman Tel: 688-9541 146 Main Street NORTH 9 Q �t�eo rye ti0 .1�2 et e OL p A err h � SSACHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover, MA. on Tuesday the 12th day of November 1996 at 7:30 o'clock P.M. to all parties interested in the appeal of Messina, Trustees of SanLaw Realty Trust requesti.kig a Variance pursuant to Section 8, paragraph 8.1 for relief for the number and size of parking spaces and for width of premise roadway, Table 2 of the Zoning Bylaw. Said premise is located at 164 Sutton Street which is in the General Business Zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 -Main Street. By the Order of the Board of Appeals William J. Sullivan, Chairman TOWN OF Publish Lawrence Eagle Tribune 10.29.96 & 11.6.96 a,. NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover, MA on Tuesday the 12th day of November, 1996 at 7:30 o'clock P.M. to all parties interested in the appeal of Messina, Trustees of San - Law Realty Trust request- ing a Variance pursuant to Section 8, paragraph 8.1 for relief for the number and size of parking spaces and for width of premise roadway, Table 2 of the Zoning Bylaw. Said premise is located at 164 Sutton Street which is in the General Business Zon- ing District. Plans are avail- able for review at the Office of Community Develop- ment & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals William I Sullivan, Chairman E -T -- Oct. 29; Nov. 6, 1996 Post -It'" brand fax transmittal merry 76711 # of pages ► Z Fax #/, ?�0 f% ,�% Fax # ol tj N) m M, 0 CO 7LI -i m ki) (71 0 -Pl m t -J F-4 0-1 m Cl CO lu --q Xq (71 CO al M Yec� Ccpf v NORTH pit*`EO 'egti0 i� 0 �r SSACHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 20, 1996 Guilford Transportation Industries, Inc. 402 Amherst Street Suite 300 Nashua, NH 03063-4228 Dear Ms Dunn: Your correspondence of November 8, 1996 was received on November 13, 1996, a day after the public meeting and decision on SanLau Realty Trust petition #38-96 on premises at 164 Sutton Street North Andover. Petition was legally advertised in the Lawrence Eagle Tribune on October 29, and November 6, 1996 with notification sent to your representative: B&M Railroad Edmond E. Le. Property Tax Commissioner Iron Horse Park North Billerica, MA Please be advised that the petition does not request to cross railroad property or is there any development within 25' of the centerline of an existing track, other than pavement of the parking. lot. This petition is for the same premises as a previous petition of February 1995, with the building located in excess of 47 feet from the centerline of the railroad tracks. Please see attachments. Very truly yours, William Sullivan, Chairman1,� WS/ j m Py f 40RT'9 p �".o ,e. ti0 e p L �9+O�.no .r�•t,�y SS4CMUSE TOWN OF NORTH ANDOVER William Sullivan. Chairman Tel: 688-9541 MASSACHUSETTS 146 Main Street BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover, MA. on Tuesday the 12th day of November 1996 at 7:30 o'clock P.M. to all parties interested in the appeal of Messina, Trustees of SanLaw Realty Trust request-.i.jig a Variance pursuant to Section 8, paragraph 8.1 for relief for the number and size of parking spaces and for width of premise roadway, Table 2 of the Zoning Bylaw. Said premise is located at 164 Sutton Street which is in the General Business Zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main- Street. By the Order of the Board of Appeals William Ja Sullivan, Chairman I TOWN OF NORTH ANDOVER MASSACHUSETTS Publish Lawrence Eagle Tribune 10.29.96 & 11.6.96 BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover, MA on Tuesday the 12th day of November, 1996 at 7:30 o'clock P.M. to all parties interested in the appeal of Messina, Trustees of San - Law Realty Trust request- ing a Variance pursuant to Section 8, paragraph 8.1 for relief for the number and size of parking spaces and for width of premise roadway. Table 2 of the Zoning Bylaw. Said premise is located at 164 Sutton Street which is in the General Business Zon- ing District. Plans are avail- able for review at the Office of Community Develop- ment & Services, Town Hall Annex, 146 Main "�—•—"—' � Street. ^ ' By the Order of the Board of Appeals William J. Sullivan. Chairman s , MERRIMACK ENGINEERING SERVICES, INC, PROFESSIONAL ENGINEERS • LAND SURVEYORS • PIANNERS ;�. PAPW ST(:EE7 • AN()( -)VER MAS,$ACHUSMS 018101 • TEL (508) 475-.3555 373 :+111 • FAX (508) 415 1,1,18 February 14, 1995 Attorney Domenic ] Scalise 89 Main Street Andover, M.A 0 18 10 RE San Lau Realty Trust Zoning Board of Appeals Dear Attorney Scalise: BY FAX & MAiL Relative to the subject and the correspondence transmitted to the Town of North Andover Board of Appeals by Guilford Transportation Industries, Inc. dated February 3, 1995, please be advised that no activity on the San Lau Realty Trust lot will occur within 32 feet of the centerline of location of the railroad. The building is located 15 feet beyond that or in excess of 47 feet from centerline of location. In my opinion, no negative impact to the Guilford Transportation right of way is anticipated from the San Lau site development. Given the above, please do not hesitate to contact me should you have questions or comments. Very truly yours, IERKW*rK $($INEERING SERVICES S cd cc: Anne Messina (by fax) nski, R.L.S. Jor 402 Amherst Street - Suite 300 Nashua, NH 03063-4228 603 595 1614 603 595 2414 FAX November 8, 1996 Board of Appeals Town Office Building North Andover, Massachusetts 01845 Dear Sir: U NOV l 3� � BOARD OF APPEALS Enclosed is a copy of a notice I recently received pertaining to a proposed land use in the Town of North Andover, Massachusetts. Please be advised that Guilford Transportation Industries, Inc. manages real estate matters for several corporations. This response is sent on behalf of the following corporations in reply to your notice of November 6, 1996: ° Boston and Maine Corporation; ° Maine Central Railroad Company; ° Portland Terminal Company; ° Springfield Terminal Railway Company; ° Hudson River Estates, Inc.; ° Delaware River Estates, Inc.; or ° DH Estates, Inc. (formerly Delaware and Hudson Railroad). As you may well be aware, the railroads listed above receive numerous notices on a daily basis. Based upon the limited time frame existing between the date on which the notice is received and the scheduled hearing date, I respectfully request your cooperation regarding this matter. Although the railroads are concerned with each and every notice, there are certain instances which are of particular concern to the railroads. You may be able to advise me if the petition involves land plans showing a crossing of railroad property. Specifically the railroads' concern exists even in the event that your petitioner indicates that it is the holder of a valid railroad crossing. Also, the railroads must be advised if the petition proposes any North Andover Board of Appeals November 8, 1996 Page Two development within 25' from the centerline of an existing railroad track, even if such development occurs on non -railroad property. As such, petitions for variances from set back requirements can be particularly troublesome. Please be advised that this letter should not be construed as a waiver of any other objections which the railroads may have to a proponent's plan. However, the railroads respectfully request your assistance in bringing their attention to any such matters. I Thank you for your anticipated cooperation in this regard. Sincerely, Kellie A. Dunn Vice President, Real Estate KAD:img c: Stephen F. Nevero Vice President -Engineering (above w/enc.) I GV L ►2 d �%C'/� �d $ /ate h' / ,.4,ro.' }/ �N !1 Ei S ,1 %3 xoeS iit/'C. Ya v& caR%�,�'.:.af�G A.'til Cka- a �--' MO cs 47— A�`�c`,,:}�u� 4it�,J� rt T X CRaSS r C'0'" ry ,G o ' er 7�'r.. 7/e c 7/�-f.S ?A5r/7/0A,' JS 40�0�A-- :S,^ Z �-3 td 0 0 0 �l :� w 0 0 0 0 (D ITJ (D 1-0 W (D 0 P) in H - In �5 P) LQ 0 In (D rt rt In C) �—1 00 10. Ul z -th. wo 0 FQ =r > c 3 =r z ce CD cn co C. CD co 0 0 -M FM G=D EC E'1 r t� JOYCE B'RdH-RAW TOW*,"0LE' ',K Received by Town Clerk:- I RTH,AN•'609V - Oct ZZ 11 2a AN TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS i' APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Anne M. Messina & Salvatore A. 109-123 Main Street, Suite E2 Applicant Messina, Trustees of SanLau Realty Addr e s s North Andover, MA 01845 Trust, 109-123 Main Street, Suite 2 Tel. No. - North Andover, MA 1. Application is hereby made: For - - from the requirementsSection Paragraph .8.1(7) and Table 2 of the Zoning Bylaw • D'<e,>i♦s..♦ �iG..�O��l�♦?'f..iA4Pi. ♦,P: i, �f,: �,1,1� >�Q�: ♦ ♦♦♦♦i�L„t. ��!�.1s1�♦♦♦♦♦♦♦ moi:♦♦ili �>♦�:G..1,�� i'•t�♦��a,49A;t�0♦♦♦ - - c) 2. a) Premises affected are land X and building(s) X numbered 164 Sutton Street. b) Premises affected are property with frontage on the North (X ) South ( ) East ( ) West ( ) side of Sutton Street and West Side of South X qtX Main Street. Street, and known as No. 164 Sutton Street. c) Premises affected are in Zoning District GB and the premises affected have an area of 15,950 square feet and frontage of 16� feet. 5 of 8 F,ev- 06.05.96 n .. „ -"..— r-, 3. Ownership: a} Name and address of owner (if.joint ownership, give all names): Anne M. Messina and Salvatore A. Messina, Trustees of SanLau Realty Trust 109- 123 Main Street Date of Purchase 3/13/72 previous Owner G. Messina b) 1. If applicant is not owner, check his/her interest in the premises: 2. rGqWb{? M a. Size of proposed building: 100' front; feet deep; Height 1.5 stories; 26_--- feet. a) Approximate date of erection: Presently being constructed b) Occupancy or use of each floor- Retail c) Type of construction: Block with brick facade 5. Has there been a previous appeal, under zoning, on these premises. Yes if so, when? 1.5 years ago G. Description of relief sought on this petition Variance for number and size of parking spaces and for width of roadway. 7. Deed recorded in the Registry of Deeds in Book 89 Page 316 The principal points upon which I base my application are as follows: (must be stated in detail) Applicant seeks a variance from the zoning bylaws for five (5) additional parking spaces for the size of the parking spaces as well as ,th��otidth of the roadways Relief may be granted without substantial detriment to the ublic good and without nullifying or substantiall dery atin from the intent or purpose of the by-law. Specification,InforTnation at ac heR Pilin fee, avertising 1 wspa I agree to pay the g per, and inti 9ental expe ses* Signature o Petit ner(s) Rev. 06.05.96 6 of 8 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: General Busines Required Setback Existing Setback Relief or Area or Area quested Lot Dimension Area Street Frontage Front Setback Side Setback(s) Rear Setback Additional Information 2 ' existing spaces. Parking Spaces -30 parking spaces --------- g---------- Parking Size- 10 feet by 20'feet---------- 9 feet by feet----- 12spaces at this size. n Parking Size- 10 feet by 22feet---------,V feet by 22 feet ----- ME spaces n - 25 foot readwa width----- --4 ' foot -roadway width--- a foot decrease Side-Readway- a3 nn 25 foot rda-ddway width----- 1-6' foot me ay width--- -&eg?Ase. ReRr R adway- ev 06.03.96 %� ' PRINT CLEARLY vtc . 4 t if► ZBA. Premises to be affected: 164 Sutton Street, North Andover, MA 018,45 LIST OF PARTIES OF INTEREST SUBJECT PROPERTY ADDRESS MAP PARCEL LOT —SAME ., o� rus rug--m-1°Him-stmt, ABUTTERS MAP PARCEL LOT 28 19 28 9- 28 28 1 18 t 17 14, 21, 2 NAME Center Rtalty Trust, cN St Trombly, Davi. Wm1, Haro =�al orp. Russell E. Hertrich ADDRESS �s Foundation, P.O. Box 111, N. Andover �3��'L�dlesex � reen ov r x"47-SUCttSii"St�t � IQ�Vtd 2',Hm treat N �''`� . iveeiew ree over ead Street, �thuen venue, ie pORTM ,1E° Ib �tiO t �s,9 pONATE SSACHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk NOTICE OF DECISION Property: 164 Sutton Street Messina, Trustees of SanLau Date: November 26, 1996 164 Sutton Street Petition: 038-96 North Andover MA 01845 Date of Heari.ng:11/12/96 The Board of Appeals held a regular meeting on Tuesday evening, November 12, 1996 upon the petition of Messina, Trustees of SanLaw Realty requesting a Variance under Section 8, Paragraph 8.1 of the Zoning By Laws seeking relief from the size of the parking spaces and relief of four spaces required (30) spaces as well as the width of the aisleway. The following members were present and voting: William Sullivan, Walter Soule, Robert Ford, John Pallone, and Joseph Faris. The hearing was advertised in the North Andover Citizen on October 26 & November 6, 1996 all abutter were notified my regular mail. Upon a motion by Walter Soule seconded by Joseph Faris the Board voted to GRANT the Variance as follows: 1) North side aisle width to 151. 2) East side aisle width to 231. 3) No Parking Signs on the West side of North Main Street from Sutton Street to the railroad tracks for Fire Department access.(Signs are a recommendation to the Traffic Advisory Committee). 4) Identify -.compact parking areas on the pavement. 5) Revised plans showing revised parking dimensions and aisle widths. 6) Parking from 30 spaces to 26 allowed on the premise in recognition of the present availability on the East side of North Main St, of four (4) spaces on the street. 7) Parking size dimension of 10' by 22' for five parking spaces and 9 by 20 for 12 parking spaces. The 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 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 NORTH "'Eo a gti o L O ^�q coc.:�c.e c, �• �/ Q�•4TF0 SPP y'�y 9SSACHUSE� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 26, 1996 Memorandum To: Joyce Bradshaw, Town Clerk From: Jeannine McEvoy, Zoning Board of Appeals Re: 164 Sutton St, Decision November 18, 1996 Please be advised that the Zoning Board of Appeals decision for 164 Sutton St for Messina, Trustees of SanLaw and time stamped on November 18, 1996 has been amendment. The changes are minor and do not alter the language of the decision. Enclosed is a copy of the changes made with the hi -lite area of change. The format of the conditions are listed on a line format showing the specific conditions 1 through 7. PEvC''t"EL JOYCE 9RADSEI �f F "ORT" q TO. N CLEr Q tt�eD ,y roQ N. RT H ANDOVER Q ...-,.q:.. A NOV 03 SSACHUSEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk NOTICE OF DECISION Property: 164 Sutton St Messina, Trustees of LanLau Date: November 18, 1996 164 Sutton Street Petition: 038-96 North Andover MA 01845 Date of Hearing:11/12/96 The Board of Appeals held a regular meeting on Tuesday evening, November 12, 1996 upon the petition of Messina, Trustees of SanLaw Realty requesting a Variance under Section 8, Paragraph 8.1 of the Zoning By Laws seeking relief for the size of the parking spaces as well as the width of the aisleway. The following members were present and voting: William Sullivan, Walter Soule, Robert Ford, John Pallone, and Joseph Faris. The hearing was advertised in the North Andover Citizen on October 26 & November 6, 1996 all abutter were notified my regular mail. Upon a motion by Walter Soule seconded by Joseph Faris the Board voted to GRANT the Variance as follows: 1) North side aisle width to 151. 2) East side aisle width to 23' 3) No Parking Signs on the West side of North Main Street from Sutton Street to the railroad tracks for Fire Department access. 4) Identified compact parking areas on the pavement. 5) Revised plans showing revised parking dimensions and aisle widths. 6) Parking from 30 spaces to 26 allowed on the premise in recognition of the present availability, on the East side of North Main St, of four (4) spaces on the street based on the recommedation of the Traffic Advisory Committee. 7) Parking size d-imension of 10' by 22' for five parking spaces and 9' by 20 for 12 parking spaces. Voting for the petition were: William Sullivan, Walter Soule, Robert Ford, John Pallone, and Joseph Faris. �4 . The 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 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 MASSACHUSETTS BOARD OF APPEALS November 26, 1996 Memorandum To: Joyce Bradshaw, Town Clerk From: Jeannine McEvoy, Zoning Board of Appealsc Re: 164 Sutton St, Decision November 18, 1996 Please be advised that the Zoning Board of Appeals decision for 164 Sutton St for Messina, Trustees of SanLaw and time stamped on November 18, 1996 has been amendment. The changes are minor and do not alter the language of the decision. Enclosed is a copy of the changes made with the hi -lite area of change. The format of the conditions are listed on a line format showing the specific conditions 1 through 7. � JOYCE @'�` HORTM ,•, 9'%oL ory <«eD 32 NORTH At{DOYER SSA HU TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 26, 1996 Memorandum To: Joyce Bradshaw, Town Clerk From: Jeannine McEvoy, Zoning Board of Appealsc Re: 164 Sutton St, Decision November 18, 1996 Please be advised that the Zoning Board of Appeals decision for 164 Sutton St for Messina, Trustees of SanLaw and time stamped on November 18, 1996 has been amendment. The changes are minor and do not alter the language of the decision. Enclosed is a copy of the changes made with the hi -lite area of change. The format of the conditions are listed on a line format showing the specific conditions 1 through 7. yORTM OFtt``° 1e,9h0 OL c TO A �s9 °..rep .ea�g5 SSgCMUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk NOTICE OF DECISION Property: 164 Sutton Street Messina, Trustees of SanLau Date: November 26, 1996 164 Sutton Street Petition: 038-96 North Andover MA 01845 Date of Hearing:11/12/96 The Board of Appeals held a regular meeting on Tuesday evening, November 12, 1996 upon the petition of Messina, Trustees of SanLaw Realty requesting a Variance under Section 8, Paragraph 8.1 of the Zoning By Laws seeking relief from the size of the parking spaces and relief of four spaces required (30) spaces as well as the width of the aisleway. The following members were present and voting: William Sullivan, Walter Soule, Robert Ford, John Pallone, and Joseph Faris. The hearing was advertised in the North Andover Citizen on October 26 & November 6, 1996 all abutter were notified my regular mail. Upon a motion by Walter Soule seconded by Joseph Faris the Board voted to GRANT the Variance as follows: 1) North side aisle width to 151. 2) East side aisle width to 231. 3) No Parking Signs on the West side of North Main Street from Sutton Street to the railroad tracks for Fire Department access.(Signs are a recommendation to the Traffic Advisory Committee). 4) Identify compact parking areas on the pavement. 5) Revised plans showing revised parking dimensions and aisle widths. 6) Parking from 30 spaces to 26 allowed on the premise in recognition of the present availability on the East side of North Main St, of four (4) spaces on the street. 7) Parking size dimension of 10' by 22' for five parking spaces and 9 by 20 for 12 parking spaces. The 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 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 f ppRTh 9 p tt�ao ,y tip 0 0 n T * I i 9 pDA�T[D �TP��h �SSACHUSES TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk NOTICE OF DECISION Property: 164 Sutton Street Messina, Trustees of SanLau Date: November 26, 1996 164 Sutton Street Petition: 038-96 North Andover MA 01845 Date of Hearinu:11/12/96 The Board of Appeals held a regular meeting on Tuesday evening, November 12, 1996 upon the petition of Messina, Trustees of SanLaw Realty requesting a Variance under Section 8, Paragraph 8.1 of the Zoning By Laws seeking relief from the size of the parking spaces and relief of four spaces required (30) spaces as well as the width of the aisleway. The following members were present and voting: William Sullivan, Walter Soule, Robert Ford, John Pallone, and Joseph Faris. The hearing was advertised in the North Andover Citizen on October 26 & November 6, 1996 all abutter were notified my regular mail. Upon a motion by Walter Soule seconded by Joseph Faris the Board voted to GRANT the Variance as follows: 1) North side aisle width to 151. 2) East side aisle width to 231. 3) No Parking Signs on the West side of North Main Street from Sutton Street to the railroad tracks for Fire Department access.(Signs are a recommendation to the Traffic Advisory Committee) . 4) Identify compact parking areas on the pavement. 5) Revised plans showing revised parking dimensions and aisle widths. 6) Parking from 30 spaces to 26 allowed on the premise in recognition of the present availability on the East side of North Main St, of four (4) spaces on the street. 7) Parking size dimension of 10' by 22' for five parking spaces and 9 by 20 for 12 parking spaces. The 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 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 c RETE JOYCyE�BRAUrS�,�Vd y` F NQRT#q y r:07f ° ,,``° "Qc � ., NO. A�iUOVER 32 - o ..,. .... �. 9 ^off hog ! c3 �M '96 '11,99O.�re° "0Py4y SSACMUSES TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk NOTICE OF DECISION Property: 164 Sutton St Messina, Trustees of LanLau Date: November 18, 1996 164 Sutton Street Petition: 038-96 North Andover MA 01845 Date of Hearing:11/12/96 The Board of Appeals held a regular meeting on Tuesday evening, November 12, 1996 upon the petition of Messina, Trustees of SanLaw Realty requesting a Variance under Section 8, Paragraph 8.1 of the Zoning By Laws seeking relief for the size of the parking spaces as well as the width of the aisleway. The following members were present and voting: William Sullivan, Walter Soule, Robert Ford, John Pallone, and Joseph Faris. The hearing was advertised in the North Andover Citizen on October 26 & November 6, 1996 all abutter were notified my regular mail. Upon a motion by Walter Soule seconded by Joseph Faris the Board voted to GRANT the Variance as follows: 1) North side aisle width to 151. 2) East side aisle width to 23' 3) No Parking Signs on the West side of North Main Street from Sutton Street to the railroad tracks for Fire Department access. 4) Identified compact parking areas on the pavement. 5) Revised plans showing revised parking dimensions and aisle widths. 6) Parking from 30 spaces to 26 allowed on the premise in recognition of the present availability, on the East side of North Main St, of four (4) spaces on the street based on the recommedation of the Traffic Advisory Committee. 7) Parking size dimension of 10' by 22' for five parking spaces and 9' by 20 for 12 parking spaces. Voting for the petition were: William Sullivan, Walter Soule, Robert Ford, John Pallone, and Joseph Faris. The 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 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 NORTH Jo 1 V E C' I'��•.,• OFt,�Eo 16��° !l�DRT�H AE G01�R *'f,9 SSACq�9�iEo MUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 26, 1996 Memorandum To: Joyce Bradshaw, Town Clerk From: Jeannine McEvoy, Zoning Board of Appeal Re: 164 Sutton St, Decision November 18, 1996 Please be advised that the Zoning Board of Appeals decision for 164 Sutton St for Messina, Trustees of SanLaw and time stamped on November 18, 1996 has been amendment. The changes are minor and do not alter the language of the decision. Enclosed is a copy of the changes made with the hi -lite area of change. The format of the conditions are listed on a line format showing the specific conditions 1 through 7. a= 1 Town of North Andover R EE C ;. 1Y e OFFICE OF JOYCE BRAH-HAW COMMUNI'T'Y DEVELOPMENT AND S� K -P EK 146 !plaid Str= I I.1.IAM J. SCOTT North A�du►�er, Massachusetts 01845 Nov i U 2 03 M, X96 Director MEMORANDUM 1'0: JANET L. EATON, ADMIN. ASS'T FROM: ROBERT NICETTA, BUILDING COMdL4) DATE: NOVEMBER 13, 1996 RE: 164 SUTTON STREET - COMMON VICTUALLER'S LICENSE Please be advised that subject location is properly zoned and pending any appeal to the Zoning Board of Appeals parking decision rendered at November 12" meeting, I have no objection to the issuance of the Common Victualler's License. Upon completion of construction, a copy of the Certificate of Occupancy will be submitted to the Licensing Commission: for the release of the License. N/g WJ1%RL) OF APPEALS 688-9541 BUILDING 688.9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 .1, "Y 11 in -,- „ .,. Ler the -ate of ii.-il l i t'iS i�OliCe in the Office of the Town Clerk. _ 6 M "s ,SSACHUs�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ******************************* * Anne M. Messina and Salvatore A. Messina, Trustees of SanLau Realty TR 109-123 Main Street, Ste. E2 North Andover MA 01845 ******************************* JOYCE Bf<N!r.�-� : �w TOW'S ;L� K NORTH AIjuoVE:R i E8 DECISION Petition #007-95 The Board of Appeals held a regular meeting on Tuesday evening, Februry 14, 1995 upon the application of Anne M. Messina and Salvatore A. Messina, Trustees of SanLau Realty Trust requesting a variance of Section 7, Paragraph 7.1, 7.2, 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of 9,050 s.f. lot area, front setback of 171/191, side setback of 22.51, and rear setback of 20' so as to permit construction of a retail building in a general business district located on 164 Sutton Street. The following members were present and voting: Walter Soule, Robert Ford, Scott Karpinski, John Pallone and Joseph Faris. The hearing was advertised in the North Andover Citizen on January 25, 1995 and February 1, 1995. Upon a motion by Robert Ford to GRANT the variance as requested, seconded by John Pallone. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The locus is an unusually shaped lot in a unique location, and the applicant would suffer hardship if the requested variances were not granted. Dated this 23rd day of February, 1995. BOARD OF APPEALS vm&n-c- Walter Soule, Acting Chairman //. be constructed. Walter questioned opposition or favor. There is a 30 foot setback all around. Motion by Scott Karpinski to GRANT the Special Permit for the alteration of a legally existing non-comforming use at 400 Winter Street, seconded by Ray Vivenzio. Unanimous. Voting in favor: Ray Vivenzio, Scott Karpinski, Walter Soule, John Pallone, and Joe Faris. Public Hearings Rodney & Kristen Hollenbeck 145 So. Bradford Street Requesting a variance from the requirements of Section 7 Paragraph 7.3 and table 2 of the Zoning Bylaws Special Permit under Section 9 Paragraph 9.2(1) of the Zoning Bylaws Ray Vivenzio read the Legal Notice. Scott Giles present representing the applicants Rodney and Kristen Hollenback. Applicants are requesting a special permit and variance to allow the structure to remain 25.5 feet from the lot line. 30 feet is required in Zoning District R-1. A three room addition will be added onto the house. It was clarified that the Public Notice contained a typing error. The structure will exist 25.5 feet from the lot line, 4.5 feet of relief is needed. Walter questioned opposition or favor to the proposal. The applicants will be tying into sewer. Motion by John Pallone to GRANT the variance and special permit to allow the structure to remain 25.5 feet from the lot line, seconded by Ray Vivenzio. Unanimous. Voting in favor: Ray Vivenzio, Walter Soule, John Pallone, Joe Faris and Scott Karpinski. Anne and Salvatore Messina TR SanLau Realty Trust 164 Sutton Street Requesting a variation of Section 7, Paragraph 7.1, 7.3, Table 2 of the Zoning Bylaw. Variance required for front, side, and rear setback and for lot area of proposed retail building. Ray Vivenzio read the Legal Notice. Dominique Scalise present to represent the applicants Mr. and Mrs. Messina. The proposed retail building is located on Sutton Street across from Trombly's garage. The lot is vacant and fenced in. The building will be approximately 100 by 40 feet. The full required amount of parking will be available. Mr. Scalise presented a color picture of the proposed building. Three or four units of approximately 1000 SF will be I established in the building. Mr. Scalise presented the Board with a sheet outlining the requested variances. The sheet reads as follows: Zoning Relief Requirement Required Provided Requested Lot Area: 25,000SF 15,950SF 9,050SF Setbacks: Front 25' 81/6' 171/19' Side 25' 2.5' 22.5' Rear 35' 15' 20' The property was originally MessinaIsMarket. The property has been vacant since 1970. There is a glass business next to the property. Mr. Scalise discussed the letter from B & M Railroad dated February 3, 1995. The railroad is interested in new development that is within 25' from the centerline of the easement. Stephen Stapinski responded in a letter dated February 14, 1995 that activity on the proposed property will occur within 32 feet from the centerline location and no negative impact on the Guilford Transportation right of way will occur. Mr. Scalise submitted a site plan that displays the railroad tracks. A myla will be required for the new plan submitted. John Leeman present representing 200 Sutton Street. Mr. Leeman believes this would be a welcomed addition to the neighborhood and is in favor of the project. No one present opposed to the project. Mr. Robert Ford motioned to GRANT the reliefs as requested: Lot area: 9,050 SF Setbacks: Front 171/19' Side 22.5' Rear 20' as shown on site development plan dated December 15, 1994, seconded by John Pallone as a discussion. Scott Karpinski is concerned with the great degree of relief that is being requested. No committments have been made as to what businesses will be established in the building. Walter Soule asked the Trombly's for input. Harold, David and Rick Trombly were present and are in favor of the project. They believe that the project will beautify the area and are not concerned, with traffic. Joe Faris feels the proposal is an overcrowding of land. Mr. Faris explained to Anne Messina that if a restaurant was installed there would be a lack of parking. Vote: Unanimous. Voting in favor: Robert Ford, Scott Karpinski, Joe Faris, John Pallone, and Walter Soule. Ray Vivenzio removed himself from voting. Ray Vivenzio left at 9:15 P.M. Robert Ford was the Acting Clerk. Stephen Boucher for Keven and Marie Rennie 21 Hamilton Road Requesting a variation 2 of the Zoning Bylaw Requesting a variation Requesting a special Zoning Bylaw of Section 7, Paragraph 7.1, 7.3 and Table of Section 4, Paragraph 4.122 (7) permit under Section 9, Paragraph 9.1 of Robert Ford read the Legal Notice. Mary Beth Mcinnis was present in place of her husband to represent the applicants. Applicants are looking for a variance to permit a setback of 5.2' from the front, 2.4' from the side for the existing structure and 2,500 SF for the lot. Also requesting a variance for a side setback of .4' and rear setback of 4.3' for existing pool. A special permit is requested to construct an addition to a non -conforming structure. Anthony Mangano is in favor of the proposal. The construction will not occur outside the footprint. Motion by Joe Faris to GRANT the special permit and variances for 21 Hamilton Road, seconded by John Pallone. Unanimous. Voting in favor: Robert Ford, Walter Soule, John Pallone, Scott Karpinski, and Joseph Faris. Advisement Motion by John. Pallone to GRANT the special permit to amend the the prior decision of condition #2 of the Board's decision of Petition #126-88 for 7 Hodges Street with the following conditions: 1. Condition #2 of the 1988 decision is hereby deleted 2. The entire second floor of the building shall be restricted to office space use only 3. The prior decision of 1988 is, except as hereby amended, re- affirmed and all other conditons and provisions thereof shall remain in full force and effect Motion seconded by Scott Karpinski. Unanimous. Voting in favor: Walter Soule, Scott Karpinski, Joseph Faris and John Pallone. SanLau Realty Trust SanLau Realty Trust 109-123 Main St 109-123 Main St North Andover MA 01845 North Andover MA 01845 Center Realty Trust Center Realty Trust %Stevens Foundation %Stevens Foundation PO Box 111 PO Box 111 North Andover MA 01845 North Andover MA 01845 David Trombly David Trombly 281 Middlesex St 281 Middlesex St North Andover MA 01845 North Andover MA 01845 Trombly Bros Realty Corp Trombly Bros Realty Corp 147 Sutton St 147 Sutton St North Andover MA 01845 North Andover MA 01845 Real Property Advisory Group Real Property Advisory Group 231 Sutton St 231 Sutton St North Andover MA 01845 North Andover MA 01845 Rosario Finocchiro Rosario Finocchiro 11 Riverview St 11 Riverview St North Andover MA 01845 North Andover MA 01845 Louis J. Kmiec, Jr Louis J. Kmiec, Jr 1001 Turnpike St 1001 Turnpike St North Andover MA 01845 North Andover MA 01845 Russell E. Hertrich Russell E. Hertrich 91 Hampstead St 91 Hampstead St Methuen MA Methuen MA Fieldcom Realty Trust Fieldcom Realty Trust 345 North Ave 345 North Ave Wakefield MA Wakefield MA B&M Railroad, B&M Railroad, %Property Tax Commissioner %Property Tax Commissioner Iron Horse Park Iron Horse Park No. Billerica MA No. Billerica MA