HomeMy WebLinkAboutMiscellaneous - 1725 TURNPIKE STREET 4/30/2018 (2)7
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TOWN OF NORTH ANDOVER
RECEIPT
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WHITE: Applicant CANARY: Department PINK: Treasurer
��� �_n�Q
D. Robert Nicetta
Building Connnissi
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
Legal Notice
North Andover, Board of Appeals
Telephone (978) 688-9541
Fax(978)688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main Street, North Andover, MA on Tuesday the 13'hof August, 2002, at
7:30 iPM to all parties interested in the appeal of A. L. Prime Energy, Inc., 318B Salem
Stree, Wakefield MA 01880, for premises at 1725 Turnpike Street, North Andover
requ sting a Finding as a Party Aggrieved of the Building Commissioner's decision that
the applicant is in violation of Section 6, Signs and Sign Lighting Regulations of the
Zoning Bylaw.
Said premises affected is property with frontage on the Southwest side of Turnpike Street
within the GB zoning district.
Plans are available for review at the office of the Building Department, 27 Charles Street,
North Andover, MA Monday through Thursday during the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
i William J. Sullivan, Chairman
Published in the Eagle Tribune on July 29 & August 5, 2002.
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Legalnotice 2002-028 ''='
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BOARD OF .APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of Forth Andovero� tLOR,
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Y_ r ,; (C� t Office of the Zoning Board of Appeals
: a r i ;°; i o VCommunity Development and Services Division
27 Charles Street '` ' e • -
��(y
North Andover, Massachusetts 01845 9Ssg°q+reo CHUSe<
1002 L 22 A 8: 'A
D. Robert Nicetta Telephone (978) 688-9541
Building Conlnlissioel-
Fax (978) 688-9542
Any appeal shall be filed Notice of Decision
wthin (20) days after the Year 2002
date of filing of this notice
inthe office of the Town Clerk. Property at: 1725 Turnpike Street
NAME: A. L. Prime Energy, Inc, 318B Salem Street, DATE: July 16, 2002
Wakefield, MA 01880
ADDRESS: for premises at: 1725 Turnpike Street PETITION: 2002-028
North Andover, MA 01845 HEARING: 7/9/02
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July
9, 2002 at 7:30 PM upon the application of A. L. Prime Energy, Inc., 318B Salem Street,
WIkefield MA 01880, for premises at 1725 Turnpike Street, North Andover requesting a Finding
as a Party Aggrieved of the Building Commissioner's decision that the applicant is in violation of
Se�tion 6, Signs and Sign Lighting Regulations of the Zoning Bylaw within the GB zoning district.
Thl following members were present: William J. Sullivan, Walter F. Soule, Robert P. Ford, Scott A -
Kai. mski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse.
Upon a motion made by Walter F. Soule, and 2°d by Ellen P. McIntyre, the Board voted to allow the
petitioner to WITHDRAW THE PETITION WITHOUT PREJUDICE, and resubmit for the
August 13, 2002 meeting. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule,
Robert P. Ford, Scott A. Karpinski, and Ellen P. McIntyre.
Town of North Andover
Board of Anneals.
William J. Siullivan. Chairman
Decision2002-028
I
BOARD OF�APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Zoning Board of Appeals - Decision North Andover
Hearing No.: 2002-028a-7652 Date: January 30, 2009
I
APPLICATION TYPE: SUBMISSION DATE:
Finding 7/11/2002
Aoolicant's Name: C)wnpr'c Namw
NAME: I
A L PRIME ENERGY CONSULTANTS
NAME:
A L PRIME ENERGY CONSULTANTS
ADDRESS: I
LOWELL STREET
ADDRESS:
LOWELL STREET
TOWN:
WAKEFIELD
STATE: I
MA
ZIP CODE:
01880
TOWN:
WAKEFIELD
STATE:
MA
ZIP CODE:
01880
PHONE NO.:
FAX NO.:
PHONE NO.:
FAX NO.:
EMAIL ADDRESS: I
EMAIL ADDRESS:
I
Site Information:
STREET NO.: I
1725 TURNPIKE STREET
SITE ZONING:
COMPANY NAME:
TOWN:
NORTH ANDOVER�MA 01845
ACTION TAKEN:
ADDRESS:
MAP:
107.8 1
BLOCK:
0056
I LOT:
I
MAP DATE:
SECTION OF BYLAW:
.10.4: Variances and Appeals
TOWN:
STATE:
I ZIP CODE:
Book:
104 I
Page:
$81
PHONE NO.:
FAX NO.:
I
NATURE OF PROPOSED WORK:
EMAIL ADDRESS:
Finding to continue use of free-standing sign on the premises.
HARDSHIP: 1
CONDITION OF APPROVAL:
FINDINGS:
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: I
1
MAILING DATE:
HEARING CONTINUED DATE:
DECISION DRAFT BY:
APPEAL DATE:
REFERRALS IN DATE:
HEARING DEADLINE DATE:
9/14/2002
HEARING CLOSE DATE:
FINAL SIGNING BY:
APPEAL DEADLINE:
FIRST ADVERTISING DATE:
HEARING DATE:
VOTING DATE:
DECISION DATE:
SECOND ADVERTISING DATE: j
HEARING TIME:
VOTING DEADLINE:
10/19/2002
DECISION DEADLINE:
10/19/2002
mmmmc aYKrOrN 1: VOIt:
MOTION MADE BY: I ISECONDED BY: NOTE COUNT: DECISION:
MINUTES OF MEETING:
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GeoTMS® 2009 Des Laurie�s Municipal Solutions, Inc.
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D. Robert Nicetta
Building Conunissi,
S
I
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
Legal Notice
North Andover, Board of Appeals
Telephone (978) 688-9541
Fax (978)688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main Street, North Andover, MA on Tuesday the 1P of August, 2002, at
7:30 PM to all parties interested in the appeal of A. L. Prime Energy, Inc., 318B Salem
Street, Wakefield MA 01880, for premises at 1725 Turnpike Street, North Andover
requesting a Finding as a Party Aggrieved of the Building Commissioner's decision that
the apphi ant is in violation of Section 6, Signs and Sign Lighting Regulations of the
Zoning Bylaw.
Said premises affected is property with frontage on the Southwest side of Turnpike Street
within the GB zoning district.
Plans are available for review at the office of the Building Department, 27 Charles Street,
North Andover, MA Monday through Thursday during the hours of 9:00 AM to 2:00 PM.
i
By order of the Board of Appeals
William J. Sullivan, Chairman
I
I
Published in the Eagle Tribune on July 29 & August 5, 2002.
Legalnotice 2002-028
I
BOARD OF APPEALS 688-9541
I
BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01.845
D. Rl bert Nicetta
Building Commissioner
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Clerk.
Notice of Decision
Year 2002
Property at: 1725 Turnpike Street
Telephone (978) 688-9541
Fax(978)688-9542
NAME: A. L. Prime Energy, Inc., 318B Salem Street,
Wakefield, MA 01880
DATE: September 13, 2002
ADDRESS: for premises at: 1725 Turnpike Street
PETITION: 2002-028
I North Andover, MA 01845
HEARING: 8/13/02 & 9/10/02
IThe North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,
September 10, 2002 at 7:30 PM upon the application of A. L. Prime Energy, Inc., 318B Salem
Street, Wakefield MA 01880, for premises at 1725 Turnpike Street, North Andover requesting a
Finding as a Party Aggrieved of the Building Commissioner's decision that the applicant is in
violation of Section 6, Signs and Sign Lighting Regulations of the Zoning Bylaw, within the GB
zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, Scott
A. Karpinski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse.
Upon a motion made by Walter F. Soule and 2"d by Ellen P. McIntyre, the Board voted to uphold the
Building Commissioner's decision, by DENYING the Finding of the party aggrieved. The Board
allowed the applicant to keep the free standing sign for sixty days on the condition that the applicant
I come before the Board during that sixty day period requesting a Special Permit from Section 6.
Voting in favor of the denial: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P.
McIntyre, and Joseph D. LaGrasse.
Town of North Andover
Board of Appeals,
I �
William J. Si livan, Chairman
Decision2002-028
J
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Clerk.
Notice of Decision
Year 2002
Property at: 1725 Turn ike Street
NAME: A. L. Prime Energy, Inc., 318B Salem Street,
1 Wakefield, MA 01880
DATE: September 13, 2002
ADDRESS: for premises at: 1725 Turnpike Street
PETITION: 2002-028
North Andover, MA 01845
HEARING: 8/13/02 & 9/10/02
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,
September 10, 2002 at 7:30 PM upon the application of A. L. Prime Energy, Inc., 318B Salem
Street, Wakefield MA 01880, for premises at 1725 Turnpike Street, North Andover requesting a
Finding as a Party Aggrieved of the Building Commissioner's decision that the applicant is in
violation of Section 6, Signs and Sign Lighting Regulations of the Zoning Bylaw, within the GB
zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, Scott
A. Karpinski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse.
Upon a motion made by Walter F. Soule and 2nd by Ellen P. McIntyre, the Board voted to uphold the
Building Commissioner's decision, by DENYING the Finding of the party aggrieved. The Board
allowed the applicant to keep the free standing sign for sixty days on the condition that the applicant
will come before the Board during that sixty day period requesting a Special Permit from Section 6.
Voting m favor of the denial: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P.
McIntyre, and Joseph D. LaGrasse.
Town of North Andover
Board of Appeals,
Wi Liam J. Sullivan, Chairman
Decision2002-028
D. Robert Nicetta I
Building Commissioner
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
Legal Notice
North Andover, Board of Appeals
Telephone (978) 688-9541
Fax (978) 688-9542
Notice islhereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main Street, North Andover, MA on Tuesday the 13th of August, 2002, at
7:30 PM to all parties interested in the appeal of A. L. Prime Energy, Inc., 318B Salem
Street, Wakefield MA 01880, for premises at 1725 Turnpike Street, North Andover
requesting a Finding as a Party Aggrieved of the Building Commissioner's decision that
the applicant is in violation of Section 6, Signs and Sign Lighting Regulations of the
Zoning Bylaw.
i
Said premises affected is property with frontage on the Southwest side of Turnpike Street
within the GB zoning district.
Plans are available for review at the office of the Building Department, 27 Charles Street,
North Andover, MA Monday through Thursday during the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on July 29 & August 5, 2002.
Legalnotice 2002-028
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
TOWN OF NORTH ANDOVER
ZONING 130�, RD OF APPEALS
Procedure & Requirements
For an Application for a Finding
Ten (10) copies of 4- following information must
be submitted thirty 30) days prior to the first public
hearing. Failure to submit the required information
within the time periods prescribed may result in a
dismissal by the Zoning Board of an application as
incomplete.
The information herein is an abstract of more specific
requirements listed in thelZoning Board Rules and
Regulations and is not meant to supersede them. Items that
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies fbr a Building Permit and receives
a Permit Denial form completed by the Building
Commissioner.
STEP 2: FINDING APPLICATION FORM:
Petitioner completes ani application form to petition the
Board of Appeals for a FINDING. All information as
required in items 1 through and including 11 shall be
completed.
Step 3: PLAN PREPARATION:
Petitioner submits all ofithe required plan information as
cited in item 10 page 4 of this form.
STEP 4: SUBMIT APPLICATION:
Petitioner submits one (1) original of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remain at the office of the Zoning Board of
Appeals secretary. ,
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Clerk's Office
978-688-9545riLV'Feparn n
I1 2002
BOARD OF APPEALS
FINDING
'N
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
the applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the Office
of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Laws ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
Step 10: RECORDING CERTIFICATE OF DECISION
PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
Massachusetts, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Departmen[�6ffice:. I-
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:
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Page 2 of 4 Date & Time Stamp
I
Application fora F I N D I N G
^.�•�
NORTH ANDOVEfi BOARD OF APPEALS
1. Petitioner: Name, address and telephone number:
A L Prime Energy Inc (781) 246-0201
319B Salem ;Street, Wakefield, MA 0188.0
'The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land:1 Name, Address and Telephone number and number of
years under this
A. L. Pri:
Inc.
781) 246-0201
319B Salem1Street
Wakefield !MA 01880
Years Owned Land: 2 years
3. Location of Property.
a. Street: 1725 Our pike street Zoning District GB
b. Assessors: Map number i n -m Lot Number: 56
c. Registry of Deeds: Book Number Page Number:
4. ZoningSections under which the petition for the Finding is made.
i
See attached letter of Robert Nicetta, Building Commissioner
Denial and
S. Describe the
Review as supplied by
ng request:
continue use of a free
on the
'The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in
a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve
additional Items not Included above.
i
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6a, Difference from Zoning By -LAW requirements: Indicate the dimensions that will not meet current
Zoning By -Law Requirements. (A and B are in the case of a lot split)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back'
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. I %
4 "
Page 3 of 4 Application for a FINDING _
�i P �cdYii�
r '�[� 3�Y'����'�^`�; �a ��:;� .. ,�':i'w'• ,3�, '� -�. �' <a �"� .r""s"�a,°%� ""�N �cw �- °*w,^,��^ ...nom
i;e . "S�'3R���-'x,� z�� .mss .5��```'�:,cx'�.¢� '����s � �.. .. �". ,� :, , ��,�; F '�" ,.-"�S.�R y��_..rcc� i.�c'�'w ���s�i�����"...BY�`'�^%�s7S'�:�`.�`��'+��;„^�•-
NORTH ANDOVER ZONING BOARD OF APPEALS
6. b. Existing Lot: *
Lot Area
Open Space
Percent Lot
Frontage Parking
Minimum Lot set Back'
Sq. Ft.
Sq. Ft.
Coverage
Feet Spaces
Front Side A Side B Rear
239567
%
390,811
26.6 77.1 200' 501
* All required dimensional variances and Special Permit were
c.
Proposed
Lot (S):
granted by North Andover Zoning Board of Appeals on
June 29, 1999,
see copy of Decision attached hereto.
Lot Area
Open Space
Percent Lot
Frontage Parking
Minimum Lot set Back *
Sq. Ft.
Sq. Ft.
Coverage
Feet Spaces
Front Side A Side B Rear
%
I
d.
Required Lot: (As required by Zoning By -Law)
Lot Area
Open Space
Percent Lot
Frontage Parking
w
* Minimum Lot set Back
Sq. Ft.
Sq. Ft.
Coverage
Feet Spaces
Front Side A Side B Rear
25,000
%
250'
100 40' 40' 40'
7. a. Existing Buildings:
Ground Floor Number of Total
Square feet Floors Sq. feet
* All required dimensional variances and Special Permit were
granted by the North Andover Zoning Board of Appeals on
June 29, 1999, see copy of Decision attached hereto.
Use of
Building*
*Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
*Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building.
8. Petitioner and Landowner signature (s):
Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be flied with
the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this
application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filing d legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and
Regulations may result in a dismis by the Zoning Board of th' application as incomplete.
Signature A Allpze-,4w�
above name (s) here � l�jJy��,�<i I
PAGE 4 OF 4
9. WRITTEN DOCUMENTATION
Application for a Finding must be supported by a legibly
written or typed� memorandum setting forth in detail all
facts relied upon. This is required in the case of a
finding when the following points based on MGLA ch.
40A sec. 6 and 9 and the North Andover Zoning By -Law
Section 9.0 a reiquest for a FINDING shall be clearly
identified and factually supported: Addressing each of
the below points individually is required with this
application.
A. The particular use proposed for the land or
structure..
B. Fact relied Ripon to support a Finding that the
proposed ex,ension or alteration shall not be more
substantially detrimental than the existing non-
conforming use.
C. Addressing all details of the Building
Commissioner's denial when appropriate.
10. Plan of Land
Each applicationito the Zoning Board of Appeals shall
be accompanied`by the following described plan. Plans
must be submitted with this application to the Town
Clerk's Office an ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
Appeals.
10 A. Major Projects
Major projects are those which involve one of the
following whether existing or proposed: a) five or more
parking spaces, I b) three or more dwelling units,
c) 2000 square feet or more of building area.
Minor projects that are less than the above limits shall
require only the plan information as indicated with an
asterisks (*). In some cases further information may be
required.
10. B. Plan Specifications:
a) Size of plan: Ten (10 ) copies of a plan not to
exceed 11°x1.7" preferred scale of 1" =40'.
b) Plan prepared. by a Registered Professional
Engineer and/or Land Surveyor, with a block for five
ZBA signatures and date on mylar.
FINDING
North Andover Zoning Board of Appeals
10 C. FEATURES TO BE INDICATED ON PLAN
A. Site Orientation shall include:
1. North point
2. zoning district (s)
3. names of streets
4. wetlands to be shown on plan (if applicable)
5. abutters of property, within 300 foot radius
6. location of buildings of adjacent properties within 50'
from applicants proposed structure
7. deed restrictions, easements
B. Legend & Graphic Aids:
1. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner or record, and designer or
surveyor.
10 D. FURTHER REQUIREMENTS:
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information. A set of building elevation and
interior of building plans shall be required when the
application involves new construction, conversion and/or a
proposed change in use. Elevation plans for minor
projects include decks, sheds, & garages shall be
included with a side view depicted on the plot plan,
which include a ground level elevation.
11. APPLICATION FILING FEES
A. Notification Fees: Applicant is to send by certified
mail all legal notices to all abutters, and then supply
proof of mailing to the ZBA secretary. Applicant is to
supply stamps (appropriate current postage) for
mailing of decisions to all parties of interest as
identified in MGLA ch. 40A, sec. 11 as listed on the
application. ZBA Secretary will compute number of
stamps.
B. Applicant is to supply one (1) set of addressed
labels of abutters to ZBA Secretary who will mail
decisions to abutters and parties in interest.
C. Administrative fee of $50.00 per application.
Rug 13 02 I
Law Offices
I
Aug-13-02I12:16P
9787942088
Town of North Andover
! Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles 5trect
North Andu\ rr, Massachusetts U1845
L)_ Rohen Nicetta
Builitinh Cuntr+rL•.+i�,rrc•r
TU: Town of Nooh Andover
boring Board or Appeal.
27 Charles Street,
North Andover MA 01845
P.02
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Telephone (978) 688-9541
FAx (978) W,9.54?
Date QQ a
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Please he advised that t have agreed tO waive the time constraints for the Zoning
Board of a
ppekls to make a decision regarding the granting of a Variance and/or Special
Permit; orr} 1; for propcety located at:
s rKFl 1: 1`1 a5 my Ke Sfi• ee+
MEETING DATE(5): _ r IE f j 94 IQtJ.ft --0 a_
NAME: OF PI:TITIONE.
Signed:
P titioner (or pe • loner's representative)
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2002
BOARD OF APPEALS
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Town of North Andover
Office of the Building Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta 1
Building Commissioner
f
Nassar Abu-Eid
Vice -President, Chief Engineer
AL. Prime Energy
319B Salem! Street
Wakefield, *A 01880
RE: Sign Violation
1725 Turnpike Street
Dear Mr.
Telephone (978) 688-9545
Fax (978) 688-9542
April 4, 2002
J� ( /-� I- //,� � . �
Enclosed please find copy of correspondence of March 12, 2002, on the referenced violation. Investigation
of the premises indicates that the Non -Compliant, Non -Permitted I.D. Sign has not been removed; nor has
the North Andover Board of Appeals (ZBA) been petitioned for relief under Section 10.4 of the Zoning By-
law. In addition the non-compliant diesel price sign and the pole sign have not been removed These signs
must be removed immediately upon receipt of this notification.
Pursuant to Section 10.13 — PENALTY for VIOLATION — "Whoever continues to violate the provisions of
this By-law after written notice from the Buildin* Inspector demanding abatement of a zoning violation
within a reasonable time, shall be subject to a fine of three hundred dollars ($300.00). Each day that such
violation continues "be considered a separate offence. Drawing #Cl, recorded in the N.D.E.C.
Registry of Deeds as Plan #13527 which indicates all signage removed from the property and dated April
22,1999 is the commencement date of the violation.
Pursuant to Section 10.4 of the Zoning By-law You eve this decision within thirty days of receipt
may �
to the North Andover Board of Appeals.
Yours truly.
D. Robert Nicetta
Building Commissioner/Zoning Officer
,4C: Heidi Grin, Director CD&S
I
Enclosure: Correspondence of March 12, 2002
CERTIFIED MAIL 7000 0520 0021 5970 9740
BOARD OF APPEALS688-9541BUILDING 688-9545 CONSERVATION 688-9530 IIEALTH 688-9540 PLANNING 688-9535
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Town of North Andover, Zoning Board of Anneals
Parties of Interest / Abutters Listing
REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this
chapter shalllmean the petitioner, abutters, owners of land directly opposite on any public or
private street or way, and abutters to abutters within three hundred (300) feet of the
property line !of the petitioner as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city or town, the
planning boa �d of the city or town, and the planning board of every abutting city or
town."
Applicant's property,,list by map,. parcel, name and address (please print clearly
and use back ink.)
MAP PARCEL
Z06 I S6
ABUTTERS PROPERTIES
P
MAP IARCEL
/07 /9
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NAME
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THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND
CERTIFIED BY THE ASSESSORS OFFICE BY:
Wed
r 115 1/
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SI
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DATE
PAGE
OF
Description of Finding Requested
A licant previously pp p s y obtained all necessary dimensional variances and a Special Permit
from the North Andover Zoning Board of Appeals on June 29, 1999, in order to operate a
motor vehicle service station/mini mart on the premises (see copy attached hereto).
The prior owner obtained a variance from the North Andover Zoning Board for the then
existing signs, but never recorded the decision at the North Essex Registry of Deeds and the
variance lapsed.
The Boar of Appeals did not rove the existing 2
PP pp g tw o Onon-conforming signs on June
29, 1999 and they were subsequently removed by the applicant.
The applicant filed a sign permit application on or about October 15, 2000 for a single free
standing sign with proper set back, proper size and proper lighting. A color drawing of the
proposed sign, was submitted on October 15, 2000 along with the application.
At the time of the erection of the sign the applicant also obtained a wiring permit and
g PP g
foundation permit from the town.
I
The applicant wants to continue to use the free standing sign.
Description of Finding Requested
Applicant previously obtained all necessary dimensional variances and a Special Permit
from the North Andover Zoning Board of Appeals on June 29, 1999, in order to operate a
motor vehicle service station/mini mart on the premises (see copy attached hereto).
The priorlownerobtained a variance from the North Andover Zoningd for
Boarthe then
existing signs) but never recorded the decision at the North Essex Registry of Deeds and the
variance lapsed.
I
The Board of Appeals did not approve the existing two (2) non -conforming signs on June
29, 1999 and they were subsequently removed by the applicant.
The applicant filed a sign permit application on or about October 15, 2000 for a single free
standing sign with proper set back, proper size and proper lighting. A color drawing of the
proposed signCwas submitted on October 15, 2000 along with the application.
At the time of the erection of the sign the applicant also obtained a wiring permit and
foundation per1mit from the town.
The applicant wants to continue to use the free standing sign. n.
Jason & Kristen Faro
246 Pleasant Street
North Andover, MA
01845
Anthony F. Addonizio
1200 Salem St., Unit: 119
Lynnfield, MA
01940
Mark Scott
Falcon Air
P. O. Box 995
North Andover, MA
01 R45
George H. Schruender, Jr.
73 Chickering Road;
North Andover, MA
01845
Steven Caisse
155 Beacon Hill Boulevard North
Andover, MA
01845
i
Spero J. Rally
46 Main Street
North Andover, MA -
01845
James Mahan
39 Adams Avenue
North Andover, MA
01845
Donald & Nancy Johnson
114 Boston Street
North Andover, MA
01845
A. C. Builders, Inc.
33 Walker Road
North Andover, MA
01845 '
Comm. Of Massachusetts
Dept. of Environmental
Management
100 Cambridge Street
Boston, MA '02202
+ 5 To Ke St
a-0-0 a - a.
Alan & Francoise Naffah John & Patricia Leahy
3 Pembroke Read 90 Middlesex Street
North Andover, MA North And6ver, MA
01845 01845
Alice & Francis Devan Eric & Diane Boyajian
4 Pembroke Road 70 Buckingham Road
North Andover, MA North Andover, MA
01845 01845
Philip & Elvira Beninato Peter & Nancy Rossiter
61 Lyman Road 74 Buckingham Road
North Andover, MA North Andover, MA
01845 01845
Leo & Ruth Lafond Michael & Mary Donner
55 Lyman Road 76 Buckingham Road
North Andover, MA North Andover, MA
01845 01845
Kyle Campbell James & Priscilla Noble
12 Pembrook Road 11 Edmands Road
North Andover, MA North Andover, MA
01845 01845
Richard & Gloria Redman Stanley & Mariona Mallory
21 Pembroke Road 98 Lyman Road
North Andover, MA North Andover, MA
01845 01845
7 q 0 T,4A St
Estate of John C. Farnum
DJL Nominee Trust,
426 Farnum Street
James LaColla, Trustee
North Andover, MA
497 Foster Street
01845
North Andover, MA
01845
J> C> & Wendy Benger
Mary Stockford & Bernice Hapgood
15 Colonial Avenue
22 Putnam Road
North Andover, MA
North Andoyer, MA
01845
01845
Thomas & Patricia Fino
SKM Realty Trust
29 Colonial Avenue
15 Wolcott Avenue
North Andover, MA
Andover, Mass.
01845
01810
_
? 1 ova
Da d & Maryanne Hegarty
Angelo & Lucy Spino
69 Lyman Road _
117 Lyman Road
North Andover, MA
North Andover, MA
01845
01845
Alan & Francoise Naffah John & Patricia Leahy
3 Pembroke Read 90 Middlesex Street
North Andover, MA North And6ver, MA
01845 01845
Alice & Francis Devan Eric & Diane Boyajian
4 Pembroke Road 70 Buckingham Road
North Andover, MA North Andover, MA
01845 01845
Philip & Elvira Beninato Peter & Nancy Rossiter
61 Lyman Road 74 Buckingham Road
North Andover, MA North Andover, MA
01845 01845
Leo & Ruth Lafond Michael & Mary Donner
55 Lyman Road 76 Buckingham Road
North Andover, MA North Andover, MA
01845 01845
Kyle Campbell James & Priscilla Noble
12 Pembrook Road 11 Edmands Road
North Andover, MA North Andover, MA
01845 01845
Richard & Gloria Redman Stanley & Mariona Mallory
21 Pembroke Road 98 Lyman Road
North Andover, MA North Andover, MA
01845 01845
Town of Noah Andover E NORTH
Office of the Zoning hoard of Appeals
-.`�, � ;moi � .,,,
T 0`,VN' 4 l_RCommunity Development and Services Division
,.. , •
27 Charles
es Street
SAA}FD '�
107? 2 % L= North Andover, Massachusetts 01845 9SSACMUSEt
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner
Fax (978) 688-9542
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office; of the Town Clerk. Property at: 1725 Turnpike Street
NAME: I A. I.. Prime Energy, Inc, 318B Salem Street, DATE: July 16, 2002
Wakefield, MA 01880
ADDRESS: for premises at: 1725 Turnpike Street PETITION: 2002-028
North Andover, MA 01845 HEARING: 7/9/02
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July
9, 2002 at 7:30 PM upon the application of A. L. Prime Energy, Inc., 318B Salem Street,
Wakefield MA 01880, for premises at 1725 Turnpike Street, North Andover requesting a Finding
as a Party Aggrieved of the Building Commissioner's decision that the applicant is in violation of
Section 6, Signs and Sign Lighting Regulations of the Zoning Bylaw within the GB zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, Robert P. Ford, Scott A.
Karpinski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse.
Upon a motion made by Walter F. Soule, and 2°a by Ellen P. McIntyre, the Board voted to allow the
petitioner to WITHDRAW THE PETITION WITHOUT PREJUDICE, and resubmit for the
August 13, 2002 meeting. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule,
Robert P. Ford, Scott A. Karpinski, and Ellen P. McIntyre.
Town of North Andover
Board of Anneals.
William- J. Gallivan, Chairman
Decision2002 028
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAN-I\,ING 688-9535
I
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Property at: 1725 Turnpike Street
I
NAME: I A. L. Prime Energy, Inc, 318B Salem Street, DATE: July 16, 2002
Wakefield, MA 01880
ADDRESS: for premises at: 1725 Turnpike Street PETITION: 2002-028
I North Andover, MA 01845 HEARING: 7/9/02
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,
July 9, 2002 at 7:30 PM upon the application of A. L. Prime Energy, Inc., 318B Salem Street,
Wakefield MA 01880, for premises at 1725 Turnpike Street, North Andover requesting a
Finding as a Party Aggrieved of the Building Commissioner's decision that the applicant is in
violation of Section 6, Signs and Sign Lighting Regulations of the Zoning Bylaw within the GB
zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, Robert P. Ford, Scott
A. Karpinski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse.
Upon a motion made by Walter F. Soule, and 2nd by Ellen P. McIntyre, the Board voted to allow
the petitioner to WITHDRAW THE PETITION WITHOUT PREJUDICE, and resubmit for
the August 13, 2002 meeting. Voting in favor of the withdrawal: William J. Sullivan, Walter F.
Soule, Robert P. Ford, Ellen P. McIntyre, Scott A. Karpinski,
Town of North Andover
Board of Appeals,
Wi iam J. Sullivan, Chairman
Decision2002-028
P
1
•TSAGHUSC
NORTH ANDOVER
OFFICE OF
THE ZONL TG BOARD OF APPEAL
27 CHARLES STREET
NORTHAIN-DOVER, VLASSACHL..SETTS 0i3;i
FAQ (973) 643-9542
Date: '7- g- o)n
TO: Town of North Andover
N
Zoning Board of Appeals
CD c-)
27 Charles Street
`_—
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m r,
_�Cu
North Andover, MA, 01845
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CDrr;orr
C�cr-)c
phone # 978-688-9541
m
fax #978.-688-9542
_=
Please beadvised that I wish to withdraw my petition without
preiudice
from the Zoning Board of Appeals agenda for property located at:
t
STREET: 17 ?, . ►r,n 4, ,' ke sfrp e I
TOWN:
i
NAME OF1PE
Signed:
MVvariance
I
s representative)
i
PEaiS ti3S-9`1! BCiLDI`:GJ US -�? 1S CONSERV.-k7jori o2S-9<10 FFA : 033-9540 PL=1V1Z\G 6,`-9=3�
Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts
01845
phone: 978-688-9541
fax: 978-688-9542
To: . Domenic J. Scalise, Esq
Re: 1725 Turnpike St. Finding
Fax: 978-791-2088 Pages: 4
Phone: I Date: 7/9/02
❑ Urgent 0 For Review ❑ Please Comment * Please Reply ❑ CC:
es
I
Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts
01845
phone: 978-688-9541
fax: 978-688442
To:
Domenic J. Scalise, Esq.
Fax: 978 -
Re: 1725 Turnpike St. Finding
Pages: 1
Phone: i Date: 7/9/02
I
❑ Urgent U For Review ❑ Please Comment * Please Reply ❑ CC:
The revised, 3 page agenda was faxed to your office to alert you that the Zoning Board of Appeals will
discuss, briefly, the A. L. Prime Energy Finding.
n
Jun -25-02 08:59
RECETOPM of North Andover
oqg EIL
honing Board of Appeals
Comutst+ g �pment and Services Division
27 Chwrles Slrmt
2002 JUL Nolth A►nll'v`2'bMasf sc.husalis 01845
D. Robert Niu:tta
�uildfn[, (.'vmrni.�•.�ti�ner
TO: Town of North Andover
"Zoning Board of'Appeal';-,
27 Charles Street
North Andover MA 0"45,
P.02
*OUT►
O• � � q•'14'
til ~�.na ✓'
+s1[�
Telephone (978) 688-9541
Fax (978) 688-9542
Datewui"� A
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 and /or Special Permit for
property locatcd at:
i
STREET: �Ci.... ✓�f
TOWN:
I
MEETTNC DATF(S):,
NAME OF PETITIONS
Signed: .
" itiorn r (or petitpher's
a&Mqo"
WA1vNK
represent ive)
AU6�
10ARr) of API,E/NI S GRx!1541 CONNF:KyATTON.688-93:10 HEAL IV ARR-9540 PT.ANNINU OR -9535
o�C NodND
JUN 2 6 2002
BOARD OF APPEALS
3
Phone: ! Date: 6/25/02
❑ Urgent ❑ For Review ❑ Please Comment * Please Reply ❑ CC:
i
11
19
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing-a-th�-
Senior Center, 120R Main Street, North Andover, MA on Tuesday e 9 of�
�
2002, at 7:30 PM to all parties interested in the appeal of A. L. Prime E ergy,
Inc., 3�18B Salem Street, Wakefield MA 01880, for premises at 1725 Turnpike
Street,' North Andover requesting a Finding as a Party Aggrieved of the Building
Commissioner's decision that the applicant is in violation of Section 6, Signs and
Sign Lighting Regulations of the Zoning Bylaw.
Said plermses affected is property with frontage on the Southwest side of
Turnpike Street within the GB zoning district.
Plans I e available for review at the office of the Building Department, 27 Charles
Street, North Andover, MA Monday through Thursday during the hours of 9:00
AM to .2:00 PM.
I
Published in the Eagle T
Legaln tice 2002-028
By order of the Board of Appeals
William J. Sullivan, Chairman
HP OfficeJet
Personal Printer/Fax/Copier
,
1
Identification
I
89787942088
I.20 2.8
Result Pages Type
OK 04 Sent
,
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I
I
Fax Log Report
May -06-02 15:04
Date Time Duration Diagnostic
May -06 15:02 00:01:48'002582030022
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TOWN OF INORTH ANDOVER
ZONING BOARD OF APPEALS
Procedure & Requirements
For an Application for a Finding
Ten (10) copies of the following information must
be submitted thirty) days prior to the first public
hearing. Failure to submit the required information
within the time periods prescribed may result in a
dismissal by the 4oning Board of an application as
The information herein is an abstract of more specific
requirements listed iii the Zoning Board Rules and
Regulations and is not meant to supersede them. Items that
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receives
a Permit Denial form completed by the Building
Commissioner.
STEP 2: FINDING APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals fbr a FINDING. All information as
required in items 1 through and including 11 shall be
completed.
Step. 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in item 10 page 4 of this form.
STEP 4: SUBMITiAPPLICATION:
Petitioner submits one (1) original of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be+ stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remainat the office of the Zoning Board of
Appeals secretary.}
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Clerk's Office
978-688-9545 Building Department
FINDING
MAY _ 6 2002
BOARD OF APPEALS
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
the applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the Office
of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Laws ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
Step 10: RECORDING CERTIFICATE OF DECISION
PLANS. ,
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
Massachusetts, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
D CZ) moCD
��o
MAY 6 2002 N M �` n
BOARD
OF APPEALS co
Page 2 of 4
1. Petitioner:
Date & Time Stamp
Application for a FINDING
NORTH ANDOVER BOARD OF APPEALS
address and telephone number:
319B Salem Street, Wakefield, MA 01880
*The petitioner shall be enteredon the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
Inc.
781) 246-0201
Wakefield; MA 01880
j Years Owned Land: 2 years
3. Location of Property:
a. Street:_ 1725! Turnpike Street Zoning District 6B
b. Assessors: Map number, n7R Lot Number: 5h
c. Registry of Deeds: Book Number 0 Page Number: /&jJeVtXfW1 1AivJ
4. ZoningSections under which the petition for the Finding is made.
See attached letter of Robert Nicetta, Building Commissioner
*Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner
6. Describe the Finding request:
use of a free
on the
*The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may resuR in
a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve
additional Items not included above.
6a, Difference frog
Zoning By -Law Requiren
Lot Area Open Space
Sq. Ft. Sq. Ft.
A.
n Zoning By -LAW requirements: Indicate the dimensions that will not meet current
ants. (A and B are in the case of a lot split)
percent Lot Frontage Parking Minimum Lot set Back'
Coverage Feet Spaces Front Side A Side B Rear
B. I %
age 3 of 4 Application for a FINDING
NORTH ANDOVER ZONING BOARD OF APPEALS
6. b. Existing Lot: *
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back •
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
230567 % 390.81' 2 L 6 177,_- 200' 50'
* All required dimensional variances and Special Permit were
c. Proposed Lot (S): granted by North Andover . Zoning Board of Appeals on
June 29, 1999, see copy of Decision attached hereto.
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back *
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
o�
d. Required Lot: (As required by Zoning By -Law) *
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
25,000 % 250' 100 40' 40' 40'
7. a. Existing Buildings:
Ground Floor Number of Total
Square feet Floors Sq. feet
* All required dimensional variances and Special Permit were
granted by the North Andover Zoning Board of Appeals on
June 29, 1999, see copy of Decision attached hereto.
Use of
Building*
*Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
*Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building.
8. Petitioner and Landowner signature (s):
Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with
the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this
application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filingd legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and
Regulations may result in a dismis by the Zoning Board of thjpapplication as incomplete. d
Signature
above name
PAGE 4 OF 4 ,
FINDING'
'
North Andover Zoning Board of Appeals
9. WRITTEN DOCUMENTATION
Application for a Finding must be supported by a legibly
written or typed memorandum setting forth in detail all
facts relied upon. This is required in the case of a
10 C. FEATURES TO BE INDICATED ON PLAN
finding when the following points based on MGLA ch.
A.
Site Orientation shall include:
40A sec. 6 and 9 and .the North Andover Zoning By -Law
1.
North point
Section 9.0 a request for a FINDING shall be clearly
2.
zoning district (s)
identified and factually supported: Addressing each of
3.
names of streets
the below points individually is required with this
4.
wetlands to be shown on plan (if applicable)
application.
5.
abutters of property, within 300 foot radius
6.
location of buildings of adjacent properties within 50'
A. The particular use, proposed for the land or
from applicants proposed structure
structure.
7.
deed restrictions, easements
I
B.
Legend & Graphic Aids:
B. Fact relied upon to support a Finding that the
1.
Proposed features in solid lines & outlined in red
proposed extension or alteration shall not be more
2.
Existing features to be removed in dashed lines
substantially detrimental than theexisting non-
3.
Graphic Scales
conforming use.
4.
Date of Plan
5.
Title of Plan
C. Addressing all details of the Building
6.
Names addresses and phone numbers of the
Commissioner's denial when appropriate.
applicant, owner or record, and designer or
surveyor.
10. Plan of Land
Each application to theiZoning Board of Appeals shall
be accompanied by the following described plan. Plans
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
Appeals.
10 A. Major Projects
Major projects are those which involve one of the
following whether existing or proposed: a) five or more
parking spaces, b) thliee or more dwelling units,
c) 2000 square feet or more of building area.
Minor projects that arelless than the above limits shall
require only the plan information as indicated with an
asterisks (*). In some cases further information may be
required.
10. B. Plan Specifications:
a) Size of plan: Ten (10 ) copies of a plan not to
exceed 11 "x17" preferred scale of V =40'.
b) Plan prepared by a Registered Professional
Engineer and/or Lan6 Surveyor, with a block for five
ZBA signatures and date on mylar.
10 D. FURTHER REQUIREMENTS:
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information. A set of building elevation and
interior of building plans shall be required when the
application involves new construction, conversion and/or a
proposed change in use. Elevation plans for minor
projects include decks, sheds, & garages shall be
included with a side view depicted on the plot plan,
which include a ground level elevation.
11. APPLICATION FILING FEES
A. Notification Fees: Applicant is to send by certified
mail all legal notices to all abutters, and then supply
proof of mailing to the ZBA secretary. Applicant is to
supply stamps (appropriate current postage) for
mailing of decisions to all parties of interest as
identified in MGLA ch. 40A, sec. 11 as listed on the
application. ZBA Secretary will compute number of
stamps.
B. Applicant is to supply one (1) set of addressed
labels of abutters to ZBA Secretary who will mail
decisions to abutters and parties in interest.
C. Administrative fee of $50.00 per application.
Description of Finding Requested
Applicant previously obtained all necessary dimensional variances
and a Special Permit from the North Andover Zoning Board of Appeals on
June 29, 1999, in order to operate a motor vehicle service station/mini mart
on the premises (see copy attached hereto).
On Ir about May 10 1999 the Applicant filed an Application y pp pp cation for a
Temporary Permit for a free standing sign which was allowed by the
Building Inspector (copy attached). The Applicant also filed an
Application for a Permanent Permit for a free-standing sign and paid all
necessary fees. The Applicant also fled a copy of the sign graphics with
the Building Inspector (copy enclosed).
TheApplicant wants to continue to use the free standing sign which
has been 1n use since 1999.
Town of North Andover, Zoning Board of Anneals
Parties of Interest / Abutters Listiniz
REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this
chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or
private street or way, and abutters to abutters within three hundred (300) feet of the
property line of the petitioner as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city or town, the
planning board of the city or town, and the planning board of every abutting city or
town."
Applicant'sproperty, list by map, parcel, name and address (please print clearly
and _use black ink.)
MAP I PARCEL NAME ADDRESS,
ABUTTERS PROPER?
MA
P PARCEL
/07
10713 1 r9
>orJ l3 � ASF
/A7 6 93
y QS -
J1017 /3
S
/107/3 jaa
NAME
Join. IJA9lucy fl, nTo hNstrw
imo f illA✓I�ac�ul� flr
,V-A-**,Vuf.f
ryMA,V/9 6s -in avr .
9JYWE -,Xha C f arm.
�C', d GUFI�y fN6F/L
107/3 AwmA-f 4 PAlgiciij FI No
ADDRESS
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P-,,cf'A A.Cvdouw, M c)/Ry
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Nota h
9 OCON�/9L /�UFN
�bC:)"A AAJdOt,�.4 P/J POW
THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND
CERTIFIED BY THE ASSESSORS OFFICE BY:
o if
DATE
PAGE
OF
Town of North Andover
Office of the Building Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Nassar Abu-Eid .
Vice -President, Chief Engineer
A.L. Prime Enbrgy
319B Salem Street
Wakefield, MA 01880
RE: Sign Violation
1725 Turnpike Street
ra-7 M, �F)
k�,J.**,
Telephone (978) 688-9545
Fax(978)688-9542
April 4, 2002
Enclosed please find copy of correspondence of March 12, 2002, on the referenced violation. Investigation
of the premises indicates that the Non -Compliant, Non -Permitter) LD. Sign has not been removed; nor has
the North Andover Board of Appeals (ZBA) been petitioned for relief under Section 10.4 of the Zoning By-
law. In addition the non-compliant diesel price sign and the pole sign have not been removed These signs
must be removed immediately upon receipt of this notification.
Pursuant to Section 10.13 — PENALTY for VIOLATION— "Whoever continues to violate the provisions of
this By-law after written notice from the Building Inspector demanding abatement of a zoning violation
within a reasonable time, shall be subject to a fine of three hundred dollars (5300.00). Each day that such
violation continues shall be considered a separate offence. Drawing #Cl, recorded in the N.D.E.C.
Registry of Deeds as Plan #13527 which indicates all signage removed from the property and dated April
22,1999 is the commencement date of the violation.
Pursuant to Section 10.4 of the Zoning By-law you may aggrieve this decision within thirty days of receipt
to the North Andover Board of Appeals.
Yours truly, , .
D. Robert Nicetta
Building Commissioner/Zoning Officer
,ACC: Heidi Griffin, Director CD&S
Enclosure: Correspondence of March 12, 2002
CERTIFIED MAM 7000 0520 0021 5970 9740
BOARD OF APPEALS 1688.9541 BUILDING 688-9545 CONSERVATION 688-9530 tIEALTH 688-9540 PLANNING 688-9535
i µoRTH
T
x o k
SA US
7lGLiS_T �5g 1999
i'.6z3
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office'of the Town Clerk
i
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
NOTICE OF DECISION
Property at: 1725 Turnpike St.
JOYCE P. 4
NORTH AW)O l R
JUL f 2 C22 r e9d
FAX (978) 688-9542
NAME: A.L. Prime Energy, Inc. 319B Salem St.
I
DATE: 6129/99
ADDRESS: 11725 Turnpike St.
PETITION: 019-99
North Andover, MA 01845
HEARING: 6/22/99
The Board of Appeals held a regular meeting on Tuesday evening, June 22, 1999 upon the application of A.L. Prime
Energy, Inch, 3198 Salem St., Wakefield, MA for premises at: 1725 Turnpike St., North Andover, requesting a
Variance from (Section 6, Signage, P 6.1, 6.6 A&D and (Section 7, Dimensional Requirements, P 7.1 lot size & 7.3
setbacks) and (Section 8, Supplemental Regulations, P 8.2 Auto Service Station) in order to remove existing motor
fuel facility to make it similar and competitive with other businesses located elsewhere in town and along Rte. #114.
And for a Special Permit from the requirements of Section 9, P 9.2 to altar existing non -conforming building and add
canopy over gas islands and for allowance of 2"d sign within the G -B Zoning District.
The following members were present: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone & Scott
Karpinski.
The hearing was advertised in the Lawrence Tribune on 5/25199 & 6/1/99 and all abutters were notified by regular
mail. No persons appeared in opposition to the petition.
Upon a motion made by Robert Ford and 2nd by John Pallone, the Board agreed that signage should be in full
compliance'with Section 6 of the Zoning Bylaw, on the condition according to the revised Plan submitted by Anthony
Guba, P. E., Registered Engineer, #32727, dated: April 22, 1999, as per revised drawings: C1, C2, 2 & 3 the Board
voted to GRANT a Variance from the requirements of Section 7, P 7.1 & 7.3, & 7.8 relative to the following: To
allow relief of a setback of 100' from Rte. #114, the lot is only 90 feet deep at deepest point; the proposed canopy is
only 14' 6" from front property line. To allow relief of a setback of 25' plus 15 additional for abutting residential zone
from rear line, both the existing building and proposed canopy do not meet these setbacks. To allow for a 15' buffer
along property line abutting a residential zone. To allow a 50' setback from residence district, and limit driveways to
30' wide which is not met as existing driveways exceed this, one being 73' and the other being 50'. And to GRANT a
Special Permit for Section 9, P 9.2 to allow a canopy (s) diesel and there shall be no signage on the canopy (s).
Voting in favor: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone & Scott Karpinski.
Variance
The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the
granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw.
B(I \R 1311U -DINGS 688-9545 CONSFRVA-1 ION 6XN-9530 HP:)LLl'l l oSX-9540 PLA""',I .�tfi•4• �T- �-^
Decision for: A.L. prime Energy, Inc. for property at: 1725 Turnpike St. continued
I
10.4 Variances and Appeals
The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the
Board finds that owing to circumstances relating to soil conditions, shape, or typography of the land or structure and especially
affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of
this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be
granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose
of this Bylaw.
SPECIAL PERMIT
The Board finds that the applicant has satisfied the provision of Section 9, paragraph 9.2 of the Zoning Bylaw and that such
change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure of the
neighborhood.
Board of Appeal ,
!d
William J. Sulli an, Chairman,
Zoning Board Appeals
m111999decision/1W6
Page 2 of 2
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SUPER
DDERSEL
North Andover
Zoning Board of Appeals
Top Floor Meeting Room, Town Hall, 120 Main Street, North Andover, MA 01845
Town of North Andover
Zoning Board of Appeals
1600 Osgood Street, Bldg. 20, Suite 2-36
North Andover, Massachusetts 01845
Re: The application of A L PRIME ENERGY CONSULTANTS for a(n) Finding to allow Finding for
relief from Building Commissioner's letter 4-2-02 letter concerning non-compliant sign., dated
May ,6, 2002.
Hearing No 2002-028-7652
NORTH ANDOVER Zoning Board of Appeals, hereby certifies that the following is a detailed record of
the board's proceedings and decision regarding the above captioned application regarding the property
located at Map='107.8' and Block='0056' which property is affected by this decision. -
The above captioned application requests a(n) Finding from 10.4 of the North Andover Code to allow
Finding for relief from Building Commissioner's letter 4-2-02 letter concerning non-compliant sign..
A True copy of the application is on file in the Office of.the City Clerk.
A notice of public hearing on this application, a true copy of which is on file in the office of the City Clerk
was:
1. Published in the Eagle -Tribune, a newspaper of general circulation in the North Andover on ...
and ..! .
2. Posted in a conspicuous place in the North Andover on ... which was at least days prior to the
hearing; and
3. Mailed, postpaid on ..., which is at least days before the hearing, to the petitioner, abutters,
owners of land directly opposite the property in question on any public or private street or way,
abutters to abutters within required feet of the subject property, the planning boards of the
abutting municipalities. The notice was mailed to the names and addresses shown on the most
recent tax list provided by the assessors's office.
The public hearing will be opened on ... at ... at which time opportunity will be given to all those
interested in being heard in favor or opposition to the application.
Based on the evidence and testimony presented at the public hearing, the Board made the following
findings that:
GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc. Page 1 of 2
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