HomeMy WebLinkAboutMiscellaneous - 17 MASSACHUSETTS AVENUE 4/30/2018 (5) fl—A rd
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RECEIVED
JOYCE BRADSHAW
TOWN CLERK
NORTH ANDOVER
2000 JUL -5 P 2: 15
North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
Phone (978) 688-9541 Fax (978) 688-9542
Any appeals shall be sled NOTICE OF DECISION
within(20)days after the Year 2000
date of filing of this notice Property at: 17 Mass Ave.
in the office of the Town Clerk.
NAME: Shell Oil Company,c/o Motiva Enterprises,LLC, DATE:6/27/2000&6/29/2000
3 EdgewaterDrive, #202,Norwood,MA 02062
ADDRESS: for premises at: 17 Mass Ave. PETITION: 004-2000
North Andover,MA 01845 HEARING: 6/20/2000&6/29/2000
The Board of Appeals held a regular meeting on Tuesday evening, June 20,2000 at 7:30 PM and a Special
Meeting was held on June 29,2000 at 4:30 PM at the North Andover Town Hall,upon the application of
Shell Oil Company,c/o Motiva Enterprises,LLC,3 Edgewater Drive,#202,Norwood,MA 02062,for
premises at: 17 Mass Ave.,North Andover,MA. Petitioner is requesting a Variance from the
requirements of Section 7,Paragraph 7.3 for a side setback&Section 8, Supplementary Regulations,
Paragraph 8.1 (footnotes 1,2, 6,7)for off-street parking,in order to renovate an existing motor vehicle
service station into a gas station/food facility and construct a new car wash building within the G-B Zoning
District.
The following members were present: William J. Sullivan,Walter F, Soule, John Pallone,Robert For
Ellen McIntyre. d'
At the meeting on June 20,2000 a motion was made by Ellen McIntyre, and 2nd by Robert Ford to GRANT
the petitioner a request for a variance in order to renovate an existing motor vehicle service station into a
gas station and construct a new car wash building. Voting in favor of the denial: John Pa one,and Walter
F. Soule,voting in opposition of the denial,Ellen McIntyre,Robert Ford,and William J. Sullivan,the
petition was DENIED.
A special meeting was held on June 29, 2000 with the following members present: WJS/WFS/JP/RF/EM.
William J. Sullivan made a request on June 22, 2000 for reconsideration of petition 004-2000 per North
Andover,Zoning Board of Appeals "Rules and Regulations", Article IV,section 3,and a Special Meeting .
was convened on June 29,2000 for that purpose. Upon a motion made by Robert Ford and 2nd by Walter F.
Soule for reconsideration of petition 004-2000,voting in favor: WJS/WFS/RF/JP/EM. Upon a motion
made by Ellen McIntyre(who made the original motion),moves to withdraw the original motion of petition
004-2000, 2nd by Robert Ford,who moves to withdraw his second of petition 004-2000,voting in favor:
WJS/WFS/RF/JP/EM.
Page 1 of 2
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Upon a motion made by Ellen McIntyre and 2 by Robert Ford,the Board voted to DENY the construction
of a car wash for the following reasons: noise factor created by the car wash per car,headlights into
neighbor's yards,therefore,a car wash would be more detrimental than currently existing in the adjacent
residential neighborhood. Voting in favor of the denial,WJS/WFS/RF/JP/EM.
Upon a motion made by Ellen McIntyre and 2`d by Robert Ford, to GRANT a Variance for dimensional
relief with conditions of the following: 10' of relief from the buffer zone requirements of 15' and 1' relief
of the setback requirement of 25' on the East side of the building, to allow remodeling of service station
for convenient store. On the condition that the fence be replaced on the East side and back of building,
place the trash container in an enclosure,building to be repainted,existing underground fuel tank(as per
the plan by: Ayoub Engineering, dated: 11/10/99)to be removed, landscaping on the 5'buffer zone the
entire length of the fence adjacent to the residential properties. The petitioner requested to withdraw
without prejudice the request for a variance for parking spaces. A motion was made by Robert Ford and 2`d
by John Pallone to allow the petitioner to withdraw without prejudice,voting in favor:
WJS/WFS/RF/JP/EM.
Parking for 10 cars shall be furnished with no spaces associated with the service pumps,no parking shall be
allowed on the East side of the building adjacent to the buffer zone. On the condition that a new mylar will
be presented by July 15, 2000 showing the revised set of plans. Voting in favor: WJS/WFS/RF/JP/EM.
Furthermore,ifthe rights authorized by the variance are not exercised within one(1)year ofthe date ofthe grant,they shall lapse,and
may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained
herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless
substantial use or construction has commenced,they shall lapse and may be re-established only after notice,and a new hearing.
By order of the Zoning Board of Appeals,
William J. Su Ivan, Chairman
ml/decisions2000/25
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Page 2 of 2
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sSACHUBt
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER,MASSACHUSETTS 01845
FAX(978)688-95.2
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St., North Andover, MA., on Tuesday the 14`h day of March, 2000 at
7:30 PM to all parties interested in the appeal of Shell Oil Company, c/o Motiva
Enterprises, LLC, 3 Edgewater Drive., #202, Norwood, MA 02062, for premises at: 17 t
Mass. Ave., North Andover. Petitioner is requesting a Variance from the requirements of
Section 7, Paragraph 7.3 for a side setback& Section 8, Supplementary Regulations
Paragraph 8.1 (footnotes 1, 2, 6, 7)for off-street parking, in order to renovate an existing
motor vehicle service station into a gas station/food/facility and construct a new car wash
building.
Said premises affected is property with frontage on the South side of Mass Ave., within
the G-B Zoning District.
Plans are available for review at the office of the Building Dept.,t. 27 Charles Street North
,
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
i
Published in the Eagle Tribune on February 2�, and March 7, 2000.
Ml/legalnotice 2000/7
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DOMENIC J. SCALISE / )
ATTORNEY AT LAW �t1
89 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
TELEPHONE (978) 682-4153
FAX (978) 794-2088
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Telefax to the following number: 7d' - SKa
COA41"ANY: 1)d
Attention:
1 �
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Message:
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(4 ► ClA C� t�
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Total Number of Pages(Including This Cover Page):
IF ALL PAGES ARE NOT RECEIVED,PLEASE CALL 13ACK AS SOON AS POSSIBLE AT TI-IE ABOVE
TELEPHONE NUMBER.
This telecopy is attorney-client privileged and con(ains confidential infortna(ion intended only for the persou(s)
named above. Any other distribution,copying or disclosure is strictly prohibited. If you receive this telecopy in
error,pletisc notify us immediately by telephone,and return We original transmission to us by mail without
[Waking a copy.
U 4
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AW 8 2000 d.>�'
TOWN OF NORTH ANDOVER
BOARD OF HEALTH
27 CHARLES STREET
NORTH ANDOVER MA 01845
TELEPHONE # (978) 688-9540
TOBACCO SALES PERMIT APPLICATION
Date: Cha
Establishment Name: SS' �U�'• Sf� C I I�'
Business Address: / 7 19 9,S fUE N- r1njeye c—
Mailing Address(if different):
Telephone: 9 7$ (SI-7 99 f
Applicant's Name &Title:`-,ose ph f,/v 1 eS /1a,ncL e-r
Applicant's Address:164 /ar���or,� /1 d can cor✓ N// L 3,70 I
Owner of Establishment (if different):
CorporationName:`S'�h� ,/�/o{-,�
Corporation Address: '-t Ppc],-hod c4 tQ H d303b'
Emergency Response Person: -,,,,-, I
Telephone (Vd3�, &US Business: 9-26 6 97 9%1�
Revision: 8/5/98
Enclosure
Fee: $20.00 Made payable to the Town of North Andover
A late fee was implemented by The Board of Health, if you do not renew by the
fee will be $40.00. I�'��
FAUG32 8 2002
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NorthAndover
Conservation 4
Department
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To: William Sullivan,Chairman of the Zoning Board of Appeals
From: Richelle Martin, Conservation Administrator ,^ /
i✓Y rte/
CC: Domenic J. Scalise
Alan J.Micale,P.E.
Date: 06/15/00
Re: 17 Mass.Avenue
On June 15, 2000, 1 met with Alan Micale, P.E. and Attorney Dom Scalise regarding 17 Mass.
Avenue(Shell Station)to review the proposal for a car wash. I am aware of the abutters concerns ,
with regards to the chemicals associated with the car wash in close proximity to the Shawsheen
River. The project is subject to the Massachusetts Wetlands Protection Act and the Town of North
Andover's Wetland Protection Bylaw and will trigger a Notice of Intent submittal and review by the
North Andover Conservation Commission(NACC). In addition,the NACC will be reviewing the
project for Stormwater Management Policy requirements and the Riverfront Act. Any legal
abutters within 300'will be notified and may bring their concerns to the NACC at that time. Should
you have any questions,feel free to contact me at 688-9530. Thank you.
0 Page 1
r .
JUIN 8 2000
Mr. William J. Sullivan, Chairman
Zoning Board of Appeals #ROARD OF APPE
US
120 Main Stret
North Andover, MA 01845
Dear Mr. Sullivan:
We, the undersigned, are abutters of the Shell Station on Massachusetts
Avenue and /or concerned citizens of North Andover. We want to be
.recorded as vehemently opposing the proposal by Shell to build a car wash
facility on the premises.
It was our understanding that a proposal to change the functional use of an
area required that the abutters be notified prior to a hearing before the
appropriate Board. This was not done.
The area where the station is t ilocated has been flooded on several occasions
and is actually in a designated flood Zone. We do not believe that chemicals
used in a car wash can be prevented from contaminating the river that abuts
the property.
Their deliberate disdain of proper legal procedures and the threat to our
environment are sufficient causes to reject their proposal.
PLEASE SAY NO!!!
Name Address Notified ( Y-yes, N-no )
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IIJun-26-00 10:28 North Andover Com. Dev. 508 688 9542 P.01
SPECIAL MEETING: DATE: 6/29/2000(Thursday)
TIME: 4:30pm
PLACE Town Hall Conference Room, located on
lower level of the Town Hall.
Notice is hereby given that the Board of Appeals will hold a Special Meeting at the Town
Hall Conference room, located at Town Hall, 120 Main Street, North Andover, MA on
Thursday the 29th day of June,2000 at 4:30 PM to hear the appeal of Shell Oil Company,
c/o Motiva Enterprises,LLC, 3 Edgewater Drive., #202,Norwood, MA 02062, for
premises at: 17 Mass. Ave., North Andover. Petitioner is requesting a Variance from
the requirements of Section 7, Paragraph 7.3 for a side setback&Section 8,
Supplementary Regulations Paragraph 8.1 (footnotes 1,2, 6, 7) for off-street parking, in
order to renovate an existing motor vehicle service station into a gas station/food facility
and construct a new car wash building.
Said premises affected is property with frontage on the South side of Mass Ave., within
the G-B Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan,Chairman
Posted on the Town Hall bulletin board.
Ml/legalno2000
Post-W Fax Note 7671 oaten. `�, pa°geso, �l/
To�1 &v 3761-4,'s e-
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Co./Oept. Co.
Phone M Phone 00
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NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER.MASSACHUSETTS 01845
M-E-M-O-R-A-N-D-U-M
TO: c/o Attorney Domenic Scalise
Shell Oil Company
Motiva Enterprises, LLC, Norwood, MA 02062
FROM: Mary Leary-Ippolito
for William J. Sullivan,
Zoning Board of Appeals
DATE: 5/18/2000
SUBJECT: ZBA meeting rescheduled to June 20, 2000.
Please be advised that the Zoning Board of Appeals meeting which was scheduled for June 13,
2000 has
been rescheduled to,Tuesday.uesdav June 20 2000.
LOCATION: Senior Center, 120R Main St., North Andover, MA
TIME: 7:30 PM
Dom, I was unable to get in touch with Shell Oil and advise them of the new meeting date, please
advise your client of same. If you have any questions regarding the agenda please contact the
Secretary for the Zoning Board of Appeals at 9787688-9541 Monday thru Thursday from 9-1 pm.
Thank you.
ml/reschedule Post-it®Fax Note 7671 Date 7f� pages
To From
Co./Dept. Co.
Phone# Phone#/CJ �-9
'7
Fax# '79,11- Fax#
BOARD OF APPE:ILS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 68S-9540 PLANNING 688-9535
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NORTN
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,SSACNU9et
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER-MASSACHUSETTS 01845
M-E-M-O-R-A-N-D-U-M
TO: c/o Attorney Domenic Scalise
Shell Oil Company
Motiva Enterprises, LLC, Norwood, MA 02062
FROM: Mary Leary-Ippolito
for William J. Sullivan,
Zoning Board of Appeals
DATE: 5/18/2000
SUBJECT: ZBA meeting rescheduled to June 20, 2000.
Please be advised that the Zoning Board of Appeals meeting which was scheduled for June 13,
2000 has been rescheduled tojuesday,June 20 2000.
LOCATION: Senior Center, 120R Main St., North Andover, MA
TIME: 7:30 PM.
Dom, I was unable to get in touch with Shell Oil and advise them of the new meeting date, please
advise your client of same. If you have any questions regarding the agenda please contact the
Secretary for the Zoning Board of Appeals at 978-688-9541 Monday thru Thursday from 9-1 pm.
Thank you.
ml/reschedule
BOARD OF:APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HE:�LTH 688-9540 PLANNING 688-9535
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NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET CJ'
NORTH ANDOVER,MASSACHUSETTS 01845
FAX(978)688-95.42
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St.,North Andover, MA., on Tuesday the 10 day of March, 2000 at
7:30 PM to all parties interested in the appeal of Shell Oil Company, c/o Motiva
Enterprises, LLC, 3 Edgewater Drive., #202,Norwood,MA 02062, for premises at: 17
Mass. Ave., North Andover. Petitioner is requesting a Variance from the requirements of
Section 7, Paragraph 7.3 for a side setback& Section 8, Supplementary Regulations
Paragraph 8.1 (footnotes 1, 2, 6, 7)for off-street parking, in order to renovate an existing
motor vehicle service station into a gas station/food facility and construct a new car wash
building.
Said premises affected is property with frontage on the South side of Mass Ave., within
the G-B Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM
g Y
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on February 2�,, and March 7, 2000.
Ml/legalnotice 2000/7
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Department of Public Works, 384 Osgood St, North Andover, MA. on Tuesday the 14th
of October 1997 at 7:30 P.M. to all parties interested in the appeal of Omnipoint
Communications, Inc., 705 Miles Standish, Taunton, MA. requestingi-Vanance from
the requirements of Section 4, paragraph 4.131 and Table 1, to install
telecommunication antennas with associated equipment , of the Zoning Bylaws.
Said premises is property with frontage on the East side located at 203 Turnpike
Street, which is in the G-B Zoning District. Plans are available for review at the office
of the Building Dept., Town Hall, 146 Main Street.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the E.T. Sept. 30 & Oct. 6
Aegalno/6
LEGAL NOTICE'LEQA NOTICE
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will
hold a public hearing at the Department of Public
Works,384 Osgood St.,North Andover,MA on Tues-
day the 14th of October 1997 at 7:30 P.M.to all parries
nuerested in the appeal of Omnipoint Communica-
tions,Inc.,705 Miles Standish,Taunton,MA request-
ing a Variance Irom the requirements of Section 4.para-
graph 4.131 and Table 1. fo install 101♦eemmunicaflon
antennas with associated equipment. of the Zoning
Bylaws.
Said premises is property with frontage on the East
side located at 203 Turnpike Street.which is in the G-B
Zoning District. Plans are available for review at the
office of the Building Dept..Town Hall.146 Main Street.
By order of the Board of Appeals
William J.Sullivan.Chairman
E-T—September 301997
V'
JOYCE BRADSHAW
Received by Town Clerk: TOWN CLERK
1'UWN Or NORTH ANDD APPCALSSAC-1 Il1SE"CTs NORTH ANDOVER
BOARD o 400 0 FEB 10 A If: 59,
APPLICATION FOR RELIEF FROM THE ZON[NG ORDINANC
Shell Oil Company
Motive Enterrises LLC Address 3 Ed ewa781)L551e5418� 202
Applicant c ° Massachusetts 02062 "rel. No.
Norwood
1
Applicant is hereby made:. App Y
uirements of Sectiones 7 & 8
a) For a variance from the
r o f the Zoning Bylaws.
Paragraph 7.3____►_8,1 and Table Footnote 2
(1)(2)(6)(7) Paragraph
b) For a Special Permit under Section
of the Zoning Bylaws
> >rieved, for review of a decision made by the Building Inspector or other
C) As a Party Aggrieved,
authority.
2. a) Premises affected are land
and building(s) S
numbered 17 M
ro erty with frontage on the North ( ) South (x) East ( ) West ( )
b) Premises affected area p l?
side of Mass ch
and the premises affected have an
C) Premises affected are in Zoning District GB feet.
area of 27.492 square feet and frontage of 160---
3. Ownership:
a)
Name and address of owner (if joint ownership, give all narnes):
David B. & Leona M. Hollins1,11 s-
v
12 Hamilton Road Nor h
Date of Purchase nL3Previous Owner
b) 1. If applicant is not owner, check his/her interest in premises:
Prospective Purchaser _.x_—
l c,See Other
2. Letter of authorization for Variance/Special Permit required
5 of
48' - Gas Station/Foo
S-
d Mart
Existing Building: 44' `- — — — _ ,
front; 17' - Car wash feet deep;
4. Site of proposed building: 40'
Height onP X11 stories feet.
a) Approximate date of erection
b) Occupancy or use of each floor:
C) Type of construction
$, Has there been a previous appeal, under zoning, on these premises'?---) �When?-- Canopy
6. Description of relief sought on this petition
PPded for irrpn�innal re�,�irP�ts
to renovate an existing motor vehicle service station into a gas station/food mart
Page-2.43
7. Deed recorded in the Registry of Deeds.in Book 1001 No.
. -Bee!_______- =-----
eemt
The principal
rinci al points upon which I base my application are as follows: (must be stated in detail)
Applicant has been operating a gasoline/service station and wants to
eliminate the service repair bays and renovate/remodel the existing
building into a gas station/food mart facility along with constructing
ilding. A
a car wash bullowance of the variance will not derogate from
the intent and purpose of the Zoning By-Law and will not be detrimental
to the public good, as it is in harmony with the general nature of the
area.
and incidental expenses*
advertising to newspaper,
a the filing fee, adve 6
I agree to pay
SHELL OIL COMPANY
B is Attorney,
:
Signature of Petitioner s)
Domenic Scalise, Esq.
g
89 Main Street.
6 of8 North Andover, MA 01845
(978) 682-4153
i
WORK SHEET
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT:
Required Setback Existing Setback Relief
or Area or Area Requested
Lot Dimension 25,000 sq. ft. 27,442 sq. ft. None
Area
Street Frontage 150.00 feet
175.00 feet None
Front Setback(s) 25 feet
41.5 feet None
Side Setback (s) 25 ft. + *15 ft = 40' 29 ft.
11 ft.
(*adjacent to residential district)
35 feet
35 feet None
Rear Setback(s)
5 spaces 5 spaces
Parking Space 10 spaces 20 feet 5 feet
Drive Way 25 feet (side) 11 feet 14 feet
25 feet (rear)
7 of8
TOWN OF NORTH ANDOVER
i Zoning Board of Appeals
27 Charles Street
V North Andover, MA 018-15
Town of North Andover,Zoning Board of Appeals
APPLICANT'S PROPERTY: list by map,parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP PARCEL NAME ADDRESS
s J "AJOLI/r�;s /Q I-Y4, 'ct 0,U
aC #0 a9�id�. ✓YI, PDVI, /9yd
ABUTTERS PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP PARCEL NAME ADDRESS
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THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE
ASS?SATURE,
R'S OFFICE: DATE:
BY: —
A ESR,TO N OF NORTH ANDOVER
Required list of parties of interest Page one of
P� i
,Past-it®Fax Note 7671 Date � #of
To `�H pages�E4( , IN i
Mr. Willi, C From °f' v ���
Co./Dept. .
Zoning B, co. ��� ._ .
120 Main EFax Phone# Phone# ��-
North An. 9 off
Fax#
Dear Mr. Sullivan: Vole - /
We; the undersigned, are abutters of the-Shell Station on Massachusetts
Avenue and /or concerned citizens of North Andover. We want to be
recorded as vehemently opposing o osin the proposal Y osal b Shell to build a car wash
facility on the premises.
It was our understanding that a proposal to change the functional use of an
area required that the abutters be notified prior to a hearing before the
appropriate Board. This was not done.
The area where the station is located has been flooded on several occasions
and is actually in a designated flood Zone. We do not believe that chemicals
used in a car wash can be prevented from contaminating the river that abuts
the property.
Their deliberate disdain of proper legal procedures and the threat to our
environment are sufficient causes to reject their proposal.
PLEASE SAY NOH!
!
Name Address Notified ( Yeses, N-no )
C-Z
axe1
X51 G
Reocr PctA RA_ No
/VL
Y
J�JJ .JN v 8 2000
Mr. William J. Sullivan, Chairman
Zoning Board of Appeals -�
120 Main Stret
- :...
North Andover, MA 01845
Dear Mr. Sullivan:
We, the undersigned, are abutters of the-Shell Station on Massachusetts
Avenue and /or concerned citizens of North Andover. We want to be
recorded as vehemently opposing the proposal by Shell to build a car wash
facility on the premises.
It
was our understanding a that proposal to change the functional use of an
P P an g
area required that the abutters be notified prior to a hearing before the
appropriate ro riate Board. This was not done.
The area where the station is located has been flooded on several occasions
and is actually in a designated flood Zone. We do not believe that chemicals
used in a car wash can be prevented from.contaminating the river that abuts
the property.
Their deliberate disdain of proper legal procedures and the threat to'our
environment are sufficient causes to reject their proposal.
PLEASE SAY NO!!!
Name Address Notified ( Y-yes, N-no )
'-A
f
44
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ZACHUse�
O NORTH ANDOVER
OFFICE OF
THE ZONLNG BOARD OF APPEALS
27 CHARLES STREET
NORTH AI. DOVER,?VLASSAC:-USET T S 01344
FA.X(978) 683-954''
Date: � �-` .��ro�
TO: Town of North Andover Post-it®Fax Note 7671 Date �� Pages►
Zoning Board of Appeals TO oln S�'4&'S From )7
27 Charles Street Co./Dept. Co. z�
North Andover, MA 01845 Phone# Phone# -�55��
Fax# ^,�+�� � Fax#
phone # 978-688-9541
fax # 978-688-9542 — -- -- - — —
Please be advised that I have agreed to waive the time constraints for
the Zoning Board of Appeals to make a decision regarding the granting of a
VARIANCE for property located at:
O STREET: '
TOWN:
NAME OF PETITIONER: SSS eZ OiZ 0Um ,vc
Signed:
petitioner (or petitioner's representative)
10.4 Variance and Appeals
The Zoning Board of Appeals shall have power upon appeal to grant variances from the
terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil
conditions, shape,or topography of the land or structures and especially affecting such land or
structures but not affecting generally the zoning district in general, a literal enforcement of the
provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or
applicant, and that desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of this Bylaw.
MI/variance
BO RD OE poc SLS o3S-�`�1 BUILD[NGS 6SS-95-IS CONSERVATION 683-9`30 FE.ALTH 633-9:-10 PLA,\N-1NG 6SS-9;35
t ror+rH 1
� — M
HUS
NORTH
O NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
1,40R7-1,12MOvER,�L4SSAC:USET-1S 013
FAQ(978)688-0542
Date.,—
TO:
ate:TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
phone # 978-688-9541
fax# 978-688-9542
Please be advised that I have agreed to waive the time constraints for
the ZoningBoard of Appeals to make a decision regarding ardin the granting pp g g g gofa
VARIANCE forro ert located at:
P P Y
STREET: '
O
TOWN:
NAME OF PETITIONER: S� eZ O%C. �v,-r► vc
Signed:
petitioner (or petitioner's representative)
10.4 Variance and Appeals
The Zoning Board of Appeals shall have power upon appeal to grant variances from the
terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil
conditions, shape,or topography of the land or structures and especially affecting such land or
structures but not affecting generally the zoning district in general, a literal enforcement of the
provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or
applicant, and that desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of this Bylaw.
MI/variance
BO F 3P��1S 538-9�»1 u;a <
2� J .. BLTLDCvGS 53S ._ 5 CONScRV.�TiOIv'583-9.30 'r.`�1.Tc'.633-9.40 °LA:`.INT\G 558-9��
M-E-M-O `
4
TO: ZONING BOARD OF APPEALS
Cc: file
DATE: June 22, 2000
William J. Sullivan, requested a meeting to be called for reconsideration of
petition 004-2000. Per North Andover rules and regulations of the Zoning Board,
article IV, section 3.
MI/aricle
J
NORiI
•` "° Zoning Bylaw Review Form
Town Of North Andover Building Department
27 Charles St. North Andover MA:01845 `
s `"�°` Phone 978-688-9545 Fax 978-688-9542`
Street: 17 Massachusetts-Avenue 'A'
Ma /Lot: 2/40
Applicant: Shell. Oil Products C an '
Request: Construction of Proposed Car Wash
Date: November 29, 1999
Please be advised that after review of your Building Permit Application and Plans that
your Application is DENIED for the following Zoning Bylaw reasons:
Zoning
Item Notes Item, Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 - Frontage Insufficient
2 Lot Area Preexisting 2 Frontage Complies YFS
3 1 Lot Area Complies YES 3 Preexisting frontage
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed YES G Contiguous Building Area
2 Not Allowed 1 I Insufficient Area
3 Use Preexisting 2 1 Complies YES
4 Special Permit Required 3 Preexisting CBA
5 Insufficient Information 4 Insufficient information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient NO 2 1 Complies YES
3 Left Side Insufficient YES 3 Preexistin Height
4 Right Side Insufficient NO 4 Insufficient information
5 Rear Insufficient NO I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies YES
D Watershed 3 Coverage Preexisting
1 Not in Watershed YES 4 1 Insufficient Information -
2 In Watershed NO . ,j Sign
3 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required NO 1 More Parking Required YES
2 Not in district 2 Parking Complies '
3 Insufficient Information
Remedy for the above is checked below. r
Item # -Special Permits Planning Board Item # Variance
Site Plan Review Special Permit C-3 Setback Variance
Access other than Frontage Special Permit K-1 Parking Variance
Frontage Exception Lot Special Permit Lot Area Variance
Common Driveway Special Permit Height Variance _
Congregate Housing Special Permit Variance for Sin
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA
Large Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District Special Permit Special Permit Use not Listed but Similar
Planned Residential Special Permit f Special Permit for Sign,
R-6 Density Special Permit Other
Watershed Special Permit Supply Additional Information
K—,4 Driveway Width Variqnrp above review and attached explanation of such is based on the plans and Information submitted. No definitive review and
or advice shall be based on verbal explanations by the applicant not shall such verbal explanations by the applicant serve to
provide def lftive anzvven-=tv tt,,s';;.a lessons for nGPI:'�t. Ana ii�9ccuraclei,,misleading information,cr other subsequent
changes to the information submitted by the applicant!shall be grounds for this mvit:iv to be voider at tie ui4cre'I n o:
Building Department.The attached document titled'Pian Review Nan Alve'shall be attached hereto and incorporated Mrom
by reference: The building department will retain all plans and documentation for the above rile.You must rile a new building
permit application form and begin the permitting process.:.`
Building Department Official Signature Application Application Denied
`` Denial Sent: "C`O—, IU 1 Qi If Faxed Phone Number/Date:
l .
.t .
Plan Review Narrative f ''
The following narrative is provided to further explain the reasons for denial for the building
permit for the property indicated on the reverse side:
gMIN
� •i����,�`t dCi'�` ry��s' '•S44 . , 7i;..e ,t. ri:
C-3 Left Side - Abutting Residential District
Requires 25 Feet Setback Plus 15 Feet` of Buffer. !
K-1 Requires 5 Parking Spaces Per 1000 GFA
For Proposed Convience Store Use.:
K-4 Requires 25 Feet Wide Driveways
,.1
1 . '
l -
f
Referrer! To:
Fire Het-lth
Police Zoning Board
Conservation Department of Public Works
Planning Historical Commission
Other BUILDING DEPT '. ,
Zon i ngBylawDeni a12000
FM L"W. e1-F IGE Zt 973 794 2038 P. 02
DOMENIC J. SCALISE
ATTORNEY AT LAW
89 MAIN STREET
NORTH ANDOVER, MASSACHUSETT5 01845
TELEPHONE (978) 682-4153
FAX (978) 794 2080
March 14, 2000
Town of North Andovcr
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
RE: Applicant: Shell Oil Company
Property: 17 Massachusetts Avenue
Dear Sir/Madam:
'Phis office represents the above captioned applicant in regard to its Application for Relief
f ro (lie z n'n ordinance in relation to the dimensional requirementsuirements needed to renovate an existing
facility and to construct a new building.
This application is scheduled for !)caring at the meeting to be held on Tuesday, March 14,
2000. Request is hereby )Wade by all parties that this hearing be re-scheduled until the next regular
meeting or the Zoning Board in April, 2000.
Please be advised that my client has agreed to waive the time constraints for the Zoning
isubject property.
Board Or Appeals to make a decision regarding the granting of a variance on the � p Pert Y.
have questions ,lease contact me. Thanking you for our assistance, i remain
If you l a any q 1 8 Y Y
Y
Very truly yours,
Domenic . Scalise
DJ S/cur
I
l
I
MAR-14-00 02 :57 PM LAW. OFFSCES 978 X794 2088 P. 01
Iy
DOMENIC J. SCALISE
ATTORNEY AT LAW
89 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
TELEPHONE (978) 682-4153
FAX (978) 794-2088
Date:
Telefax to the following number:
COMPANY:
Attention: f�2y
Messagc:
c
AVY 'h .t't
Z
Mel 9&4a&v
Total Number of Pages (Including This Cover Page):
IF ALL PAGES ARE NOT RECEIVED,PLEASE CALL BACK AS SOON AS POSSIBLE AT THE ABOVE
TELEPHONE NUMBER.
This telecopy is attorney-client privileged and contains confidential information intended only for the person(s)
named above. Any other distribution,copying or disclosure is strictly prohibited. If you receive this telecopy in
error,please notify us immediately by telephone,and return the original transmission to us by mail without
making a copy.
MAR-14-00 02 :58 PM LAW. OFFICES 978 794 2088 P. 02
DOMENIC J. SCALISE COPY
ATTORNEY AT LAW
89 MAIN s'rREET
NORTH ANDOVER, MASSACHUSETTS 01845
TELEPHONE (976) 602-4153
FAX (978) 794 2080
March 14, 2000
Town of North Andt)ver
Zoning Board of Appeals
27 Charles Street
North Andover, MA 0 1845
RE: Applicant: Shell Oil Company
Property-. 17 Massachusetts Avenue
Dear Sir/tiladam:
'this office represents the above captioned applicant in regard to its Application for Relief
from the zoning ordinance in relation to the dimensional requirements needed to renovate an existing
facility and to construct a new building.
This application is scheduled for licaring at the meeting to be held on Tuesday, March 14,
2000. Request is hereby made by all parties that this hearing be re-scheduled until the next regular
meeting of the Zoning Board in April, 2000.
Please be advised thatmy client has agreed to waive the time constr ints for the Zoning
Boars! of Appeals to make a decision regarding the granting of a variance on the subject property.
If you have any questions please contact me. Thanking you for your assistance, t remain
Very truly yours,
Domenic . Scalise
DJ S/cm
DOMENIC J. SCALISE
ATTORNEY AT LAW
89 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
DOMENIC J. SCALISE
ATTORNEY AT LAW F
89 MAIN STREET (Q
NORTH ANDOVER, MASSACHUSETTS 01845
TELEPHONE (978) 682-4153
FAX' (978) 794-2088
March 14, 2000
Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
RE: Applicant: Shell Oil Company
Property: 17 Massachusetts Avenue
Dear Sir/Madam:
This office represents the above captioned applicant in regard to its Application for Relief
from the zoning ordinance in relation to the dimensional requirements needed to renovate an existing.
facility and to construct a new building.
This application is scheduled for hearing at the meeting to be held on Tuesday, March 14,
2000. Request is hereby made by all parties that this hearing be re-scheduled until the next regular
meeting of the Zoning Board in April, 2000.
Please be advised that my client has agreed to waive the time constraints for the Zoning
Board of Appeals to make a decision regarding the granting of a variance on the subject property.
If you have any questions please contact me. Thanking you for your assistance, I remain
Very truly yours,
Domenic Scalise
DJS/cm
Y
Nf � `
1
e�
N �
May 3, 2000
Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
RE: Applicant - Shell Oil Company
c/o Motiva Enterprises, LLC
Property- 17 Massachusetts Avenue, North Andover, MA
Dear Members of the Zoning Board of Appeals:
We, David B. Hollins and Leona M. Hollins of 12 Hamilton Road, North Andover,
Massachusetts, as owners of the above referenced property, hereby authorize Motiva Enterprises,
LLC, to proceed with its application for Zoning Board relief.
Very truly yours,
David B. Hollins
i
Leona M. Hollins
h "
W
Post-it®Fax Note 7671 Date pages /
TO� '5/!? ✓�L;'s Fro
Co./Dept. Co. ��y
Phone# Phone# d :
i T
Fax# �/ Fax# 'ff
SPECIAL MEETING: DATE: 6/29/2000 (Thursday)
TIME: 4:30pm
PLACE: Town Hall Conference Room, located on
lower level of the Town Hall.
Notice is hereby given that the Board of Appeals will hold a Special Meeting at the Town
Hall conference room, located at Town Hall, 120 Main Street,North Andover, MA on
Thursday the 29th day of June, 2000 at 4:30 PM to hear the appeal of Shell Oil Company,
c/o Motiva Enterprises, LLC, 3 Edgewater Drive., #202,Norwood, MA 02062, for
premises at: 17 Mass. Ave.,North Andover. Petitioner is requesting a Variance from
the requirements of Section 7, Paragraph 7,3 for a side setback& Section 8,
Supplementary Regulations Paragraph 8.1 (footnotes 1, 2, 6, 7)for off-street parking, in
order to renovate an existing motor vehicle service station into a gas station/food facility
and construct a new car wash building.
Said premises affected is property with frontage on the South side of Mass Ave., within
the G-B Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street,North
Andover,MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Posted on the Town Hall bulletin board.
Ml/legalno2000
44
Post-it®Fax Note 7671 Date a b pages
To }yt. 5 e/ From
Co./Dept. �V Co. Z
Phone# Phone# -7 (� , 5,//
Fax# 0#4 Fax# Q 7
1
i
SPECIAL MEETING: DATE: 6/29/2000 (Thursday)
TMIE: 4:30pm
PLACE: Town Hall Conference Room, located on
lower level of the Town Hall.
Notice is hereby given that the Board of Appeals will hold a Special Meeting at the Town
Hall conference room, located at Town Hall, 120 Main Street,North Andover, MA on
Thursday the 29th day of June, 2000 at 4:30 PM to hear the appeal of Shell Oil Company,
c/o Motiva Enterprises, LLC, 3 Edgewater Drive., #202, Norwood, MA 02062, for
premises at: 17 Mass. Ave.,North Andover. Petitioner is requesting a Variance from
the requirements of Section 7, Paragraph 7.3 for a side setback & Section 8,
Supplementary Regulations Paragraph 8.1 (footnotes 1, 2, 6, 7) for off-street parking, in
order to renovate an existing motor vehicle service station into a gas station/food facility
and construct a new car wash building.
Said premises affected is property with frontage on the South side of Mass Ave., within
the G-B Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street,North
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William J. Sullivan, Chairman
Posted on the Town Hall bulletin board.
Ml/legalno2000
i
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SPECIAL MEETING: DATE: 6/29/2000 (Thursday)
TIME: 4:30pm
PLACE: Town Hall Conference Room, located on
lower level of the Town Hall.
Notice is hereby given that the Board of Appeals will hold a Special Meeting at the Town
Hall conference room, located at Town Hall, 120 Main Street, North Andover, MA on
Thursday the 29th day of June, 2000 at 4:30 PM to hear the appeal of Shell Oil Company,
c/o Motiva Enterprises, LLC, 3 Edgewater Drive., #202, Norwood, MA 02062, for
premises at: 17 Mass. Ave:,North Andover. Petitioner is requesting a.Variance from
the requirements of Section 7, Paragraph 7.3 for a side setback & Section 8,
Supplementary Regulations Paragraph 8.1 (footnotes 1, 2, 6, 7) for off-street parking,in
order to renovate an existing motor vehicle service station into a gas station/food facility
and construct a new car wash building.
Said premises affected is property with frontage on the South side of Mass Ave., within
the G-B Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
B order of the Board of Appeals,
Y pp ,
William J. Sullivan, Chairman
Posted on the Town Hall bulletin board.
MUlegalno2000
Post-it®Fax Note 7671 Date 6 pages
To ;c eL From
2
Co./Dept. Co. Z
Phone# Phone# �g t
Fax#f?Q JQ-!r (� /(O Fax# !J
i --
i
SPECIAL MEETING: DATE: 6/29/2000 (Thursday)
TIME: 4:30pm
PLACE: Town Hall Conference Room, located on
lower level of the Town Hall.
Notice is hereby given that the Board of Appeals will hold a Special Meeting at the Town
Hall conference room, located at Town Hall, 120 Main Street, North Andover, MA on
Thursday the 29th day of June, 2000 at 4:30 PM to hear the appeal of Shell Oil Company,
c/o Motiva Enterprises, LLC, 3 Edgewater Drive., #202, Norwood, MA 02062, for
premises at: 17 Mass. Ave:,North Andover. Petitioner is requesting a.Variance from
the requirements of Section 7, Paragraph 7.3 for a side setback & Section 8,
Supplementary Regulations Paragraph 8.1 (footnotes 1, 2, 6, 7) for off-street parking,in
order to renovate an existing motor vehicle service station into a gas station/food facility
and construct a new car wash building.
Said premises affected is property with frontage on the South side of Mass Ave., within
the G-B Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street, North
Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals,
William I Sullivan, Chairman
Posted on the Town Hall bulletin board.
Ml/legalno2000
I
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Pill""
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HP OfficeJet Fax Log Report for
Personal Printer/Fax/Copier North Andover Com. Dev.
508 688 9542
Jun-26-00 11:56
Identification Result Pages Tvve Date Time Duration Diagnostic
819785386043 No answer 00 Sent Jun-26 11:56 00:00:00 002080000000
1.2.0 2.8 .
T
DOMENIC J. SCALISE Aj-
✓ N
ATTORNEY AT LAW
89 MAIN STREET IV
NORTH ANDOVER, MASSACHUSETTS 01845
TELEPHONE (978) 682-4153
FAX (978) 794-2088
April 11, 2000
Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
RE: Applicant: Shell Oil Company
Property: 17 Massachusetts Avenue
Dear Sir/Madam:
This office represents the above captioned applicant in regard to its Application for Relief
from the zoning ordinance in relation to the dimensional requirements needed to renovate an existing
facility and to construct a new building.
This application is scheduled for hearing at the meeting to be held on Tuesday,April 11,
2000. Request is hereby made by all parties that this hearing be re-scheduled until the next regular
meeting of the Zoning Board in May, 2000.
Please be advised that m client has agreed to waive the time constraints for the Zoning
Y g g
Board of Appeals to make a decision regarding the granting of a variance on the subject property.
If you have any questions please contact me. Thanking you for your assistance, I remain
Very truly yours,
J
Domenic calise
DJS/cm
I
NORTH
1- p
+ \ a
_y ^.rye 17
NORTH ANDOVER
OFFICE of
THE ZONLNG BOARD OF APPEALS
27 CH RLES Si REST �
NORT IAINDOVER, S 0i3-:5
,F2�2. (978) 683-954:
Date-. 0 f
TO: Town of North Andover ,
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
phone # 978-688-9541
fax # 978-688-9542
Please be advised that I have agreed to waive the time constraints for
the Zoning Board of Appeals to make'a decision regarding the granting of a
VARIANCE for property located at-
O STREET:
i
TOWN:
NAME OF PETITIONER:
Signed: mom.,
peti ' ner (or petitio r s representative)
10.4 Variance and Appeals .
f
The Zoning Board of Appeals shall have-power upon appeal to grant variances from the
terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil
conditions, shape,or topography of the land or structures and especially affecting such land or
structures but not affecting generally the zoning district in general, a literal enforcement of the
provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or
applicant, and that desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of this Bylaw.
MI/variance
iii�� OF-arc=.:h33-?` oC:._�['dGS oSJ-�:�; CG^iSc:2V--T'rn; : •, ar _.�,r,.,'\' -
North • • -
Department
Memo
To: William Sullivan,Chairman Zoning Board of Appeals
From: Lt.Andrew Melnikas
CC: Atty Domenic Scalise
Date: 06/20/00
Re: 17 Mass Ave,Shell station renovations
Dear Mr.Sullivan;
Chief Dolan and I have reviewed the proposed renovations at the above address and having
been given the 12.5 ` access we were looking for, we see no reason to deny this from a fire
department standpoint.
cz .
•Page 1
it
Jun-15-00 13:24 North Andover Com. Dev. 508 688 9542 P.02
North + • •
onservation
DepAftment
Me (a),
To: William Sullivan,Chairman of the Zoning Board of Appeals
Frorm Richelle Martin,Conservation Administrator
CC: Domenic J.Scalise
Alan J.Micale,P.E.
Date: 06/15/00
Re: 17 Mass.Avenue
On June 15,2000,i met with Alan Micale,P.E.and Attorney Dom Scalise regarding 17 Mass.
Avenue(Shell Station)to review the proposal for a car wash. I am aware of the abutters concerns
with regards to the chemicals associated with the car wash in close proximity to the Shawsheen
River. The project is subject to the Massachusetts Wetlands Protection Act and the Town of North
Andover's Wetland Protection Bylaw and will trigger a Notice of Intent submittal and review by the
North Andover Conservation Commission(NAGC). In addition,the NACC will be reviewing the
project for Stomwwater Management Policy requirements and the Riverfront Act Any legal
abutters within 300'MI be notified and may bring their concerns to the NACC at that time. Should
you have any questions,feel free to contact me at 688-9530. Thank you.
ti
0 Page 1
North Andover
Conservation
Department
el
JUN
1 9 2000
Me o
To: William Sullivan, Chairman of the Zoning Board of Appeals /
From: Richelle Martin,Conservation Administrator �� ,v
CC: Domenic J. Scalise
Alan J.Micale,P.E.
Date: 06/15/00
Re: 17 Mass.Avenue
On June 15, 2000, 1 met with Alan Micale, P.E.and Attorney Dom Scalise regarding 17 Mass.
Avenue(Shell Station)to review-the proposal for a car wash. I am aware of the abutters concerns
with regards to the chemicals associated with the car wash in close proximity to the Shawsheen
River. The project is subject to the Massachusetts Wetlands Protection Act and the Town of North
Andover's Wetland Protection Bylaw and will trigger a Notice of Intent submittal and review by the
North Andover Conservation Commission(NACC). In addition,the NACC will be reviewing the
project for Stormwater Management Policy requirements and the Riverfront Act. Any legal
abutters within 300'will be noted and may bring their concerns to the NACC at that time. Should
you have any questions,feel free to contact me at 688-9530. Thank you.
0 Page 1
North Andover Department
Me o
Ta William Sullivan,Chairman Zoning Board of Appeals
Frorm Lt.Andrew Melnikas
CC: Atty Domenic Scalise
fie: 06/20/00
Rae 17 Mass Ave,Shell station renovations
Dear Mr.Sullivan;
Chief Dolan and I have reviewed the proposed renovations at the above address and having
been given the 12.5 ` access we were looking for, we see no reason to deny this from a fire
department standpoint.
0 Page 1