HomeMy WebLinkAboutMiscellaneous - 476 Chickering Road i CQ �'�d� /1... r C�Ce l0� �.�
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STOCK No. 75P. 1/
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MADE IN U.9A
JOSEPH A. MONTEFORTE, JR.
COUNSELOR AT LAW
39 MAIN STREET ONE UNION STREET
BOSTON, MASS
SAUGUS, MASS 01906 (617) 723-3222
(617) 233-6688
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
. . . . .Ju.ne. .16. . . .19.81
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover,on. . . . ko n day.
evei'1i I:.ra . . . . . . . . . the 13th day of . . . . . . .Ju.l.y . . . . . . . . . .
19.81., alb.:.3 Oo'clock, to all parties interested in the appeal of
. . . . . R.i ch.ard. .an.d . Patr.i.ci -a Di.Car.1-o . . . . . . . . . . . .
requesting a variation of Sec.. 7.,. . P.0 r.. .7 . 3 . .of the Zoning
By Law so as to permit. a.n d. T a 0.e. Z . a i i.d. a. .S p.c:c i.a 1 .
Pe3,.t;,i t. .un.der. .Se.ction . .9. , . P.ar... .9...1 . of . t.he. . . .
Zoid,u g .dy.w Law . s.o .. as. . to. .pe.r.i►ii.t . .thtt . Qxte.ns.i.on
o f. .a . rion. .cor.fcrn�i ri.c . us.e . a.nd. .41on
of. .ao. .add.i.tion hvior, .less . than. ih.e . re.ggj.red
on the premises, located at. . s.''t. u?c o n t k?e. p,r e m i s e s
located a.t475 Chickering Road .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1. . . . . . . . . . . . . . . . . . . . . . .
By Order of the Board of Appeals
Frank: Serio , Jr. , Chairman
Publish : NA. Citizen : June 25 and July 2 , 1981
Send bill to : William Muco
531 Chickering (toad
14o . Andover , mass . 01845
Legal Notice
S
TOWN OF s
NORTH ANDOVER
MASSACHUSETTS
BOARD-OF
APPEALS
NOTICE
NORTH
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gDAATfD��'`�y
��SS�CHUSE�
June 16, 1981
Notice iq hereby given that
the Board Appeals will
give a hearing a. the To—n
Building,North Andover,on'
Monday evening the 13th day•
of July, 1981,at 7:30 o'clock,
to all parties interested in the
appeal of Richard and
Patricia DiCarlo requesting a
variation of Sec. 7, Par. 7.3
and Table 2 and a Special
Permit under Section 9, Par.
9.1 of the Zoning By-Law so
as to permit the extension of
a non conforming use and
allow the erection of an addi-
tion having less than the re-,
quired set back on the
premises, located at 476.
Chickering Road.
By Order of the Board of
Appeals.
Frank Serio,Jr.l
Chairman
Publish N.A. Citizen: June
25 and July 2, 1981
L25,
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TOWN OF NORTH ANDOVER
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a' BOARD OF APPEALS
-
August 4 , 1981
Richard DiCarlo
191 Massachusetts Ave .
Premises Affected :
476 Chickering Road and
490 Main Street
Petition No . 24 and 25 - ' 81
Mr . Daniel Long , Town Clerk
Town Office Building
North Andover , Mass . 01845
Dear Mr. Long :
The Board of Appeals held a public hearing on Monday evening ,
July 13 , 1981 upon the application of Richard Di Carlo . The
hearing was advertised in the North Andover Citizen on June 25
and July 2 , 1981 and all abutters were notified by regular mail .
The following Members of the Board were present and votingiat
the public hearing and again on July 21 , 1981 when the decision
was rendered : Frank Serio , Jr . , Chairman ; Alfred E . Frizelle ,
Esq . , Vice Chairman ; William J . Sullivan ; Augustine W . Nickerson ;
and Raymond A. Vivenzio , Esq .
The petitioner seeks a variance from the provisions of Section 7 ,
Paragraph 7 . 3 and Table 2 of the Zoning By Law and a Special
Permit under Section 9 , Paragraph 9 . 1 for the premises located
at 476 Chickering Road and 490 Main Street , North Andover , Mass . ,
and has submitted a petition relating to each parcel . For
purposes of the written decision , both petitions have been joined
since the subject matter is the same .
Evidence was presented by the petitioner through his attorney ,
Joseph A. Monteforte , Jr. The petitioner has entered into a
Purchase and Sale agreement with William Buco , who proposes to
renovate the existing structures and convert the so-called
• ? s
i
Richard DiCarlo
Page 2
August 4 , 1981
Hy Way Grocery at 476 Chickering Road structure into a liquor
store . The Main Street structure , the so-called Star Pizza
structure , would be renovated for a use yet to be determined .
The petitioner stated that the shape of the land in particular
makes a variance necessary and is a hardship pursuant to the
statute . A plan showing proposed parking on a triangular portion
of the premises and in front of the Star Pizza building and
Hy Way Grocery building with entrances and/or exits located on
Main Street , Park Street , and Chickering Road was introduced .
Counsel stated that the Special Permit was necessary in light
of the fact that the structures are non conforming to the .
existing provisions of the Zoning By Law .
Several abutters spoke in favor of the petition .
A number of abutters and residents adjacent to the site spoke
in opposition to the petition . The facts as cited by those
opposed were the proximity of the site of a proposed liquor
store to the Middle School and the Kittredge School ; the
inadequacy of parking facilities ; the unknown use of the Star
Pizza building ; the increased loitering on the premises of
the proposed liquor store which the proposed purchaser acknowledged
was a problem at its present location on Chickering Road ; and the
impact of the proposed use on the neighborhood .
Upon a motion made by Mr . Frizelle and seconded by Mr . Vivenzio ,
the Board voted to deny the petition , with Members Serio ,
Frizelle , (Nickerson , and Vivenzio voting to deny and Mr . Sullivan
opposed to the motion .
The Board finds that the provisions of Section 10 . 31 of the Zoning
By Law , which require that the specific site is an appropriate
location for such a use , structure , or condition have not been
satisfied. In addition , the Board finds that the proposed use of
the location for a liquor store is not an appropriate use for the
neighborhood.
As to the variance , the specific conditions of Section 10 .4 of
the By Law have not been satisfied ; namely , that a sufficient
hardship has not been shown to grant the variance as requested .
Sincerely ,
BOARD OF APPEALS
������d���f f�� •...�._ ;.tet-L d...... .
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Frank Serio , Jr .
Chairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
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BOARD OF APPEALS
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NOTICE OF DECISION
Date . . . A.q g P.q t. 4 , .19 5.1 . . . . . .
Petition No.. ?4 . Mn
Date of Hearing. . . .J U.1 y. . 1. ,, .19 81
Petition of . . . . . . . .Richard Di Carlo
. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . .4 7.6 . C.h i c.k e r.i.n g, .R p.4 d. a n d. .4 99 . M a i n. .S t.r e e t . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . .Z o R l n.g.B y, . k a w
Section 7 , Para ra h 7 3 and Table 2 and a. Special . Permit. ,under
9 . . .P .
Section 9 , Paragraph 9 . 1
so as to permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the. .extens.i on. . o.f .a. .non. . conforming
use and to permit the. .er.e.cti. .on. . . . . . . .
of additions having less than
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the required set backs .
After a public hearing given on the above date, the Board of Appeals voted to . . . .DEN Y. the
v ari.a.n.c e. a n.d. .s p.q c i.a.1 . p q rmiAd L_.._L__
Pe-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . .
Signed
Frank Serio , Jr.., Chai.rman.
. . . . . . . . . . . . . . .
Al fr.ed. E , Fri ze1.1.e.,. .Es.q , , Vi c.e. Chai rman
William J . Sullivan
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Augus.ti,ne. W . . .ic.kers.on. . . . . . ... . . .
Raymond. .A.. .Vi.v.en.zi o., . Es.q _ . _ . . .
Board of Appeals
6,1 UYLA�
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13OW W' AP11i ALS ,
NOTICE: This application must be typewritten
APPLICATION FOR RELIEp FROM THE REQUIR"TS OF TRE ZCNING ORDDIANCE
Richard C. DiCarlo
1pplicant Patricia M. DiCarlo Address 191 Massachusetts Avenue (No . Anc
I. Application is hereby made
(a) For a variance from the requirements of Section -9 Paragraph 9 . 2
of the Zoning Ey-Laws.
(b) For a Special Permit under Section ' 7 1 paragraph Table 2- of the
Zoning Dy-Laws.
A-*o,*a'-an made IV the Building t8P6040r-W
er0y
2. (a) Premises affected are land an� • ••- •~ ' ' ` 476 Chickering _
d buildings ��red
Road. "
(b) Premises affected are property with frontage on the North„_, South .._,
F'Ist , Hest side of Chickering Road free~ and known 2
No. cker�n.g
(o) Premises �ff�cted ars in Zoning District G .B._, and the premises affected have an
l
area of and frontage of 60 . 51 feet on Chickering Road, 191 fee
on Park StreeF7119 - 39 feet on Main Street .
3. Owndrship:
(a) Name and address of owner (if joint ownership, give all names):
Patricia M & Richard C DiCarlo (191 Mass Avenue No Andnver) --
Date of purchase /7,--Z-- Previous ownerA21hppy E/PQhd���P�fi/ICU
(b) If applicant is not owner, check his interest in the premises: Not Applicable
_Prospective purchaser
Lessee
yOther (explain) -
4. Size of proposed building: 36. 88 front; 53 feet deep.
Height: 2 stories; 24 feet. 1,954 . 64 square feet .
(a) Approximate date of erection: August , 1981 •
(b) occupancy or use of each floor: Liauor Store on grrnind flon-, „ nar
floor_ will be an attic used for storage . --
(c) Type of construction: Wood and Brick Veneer_Wood Frame - •
5. Size of existing building: _36 . 88 feet front; ,5,9/50/ 0 feet deep.
Height: 17 stories; 2 -- feet. 1, 567.05 square feet .
(a) Approximate date of erection: 30 years ago
(b) Occup.-incy or use of each floor: Grocery Store
(c) Tyke of constructionWood Frame
6. Has there been a previous appeal, under zoning, on these premises? No
If sot wen? •
7. Description of relief sought on this petition Special Permit to extend the pres.ent_`�
non-conforming use; Variance of Zoning By Laws ( side yard requirement) . __._ __
See attached Exhibit "A':
in the LeC.iztry of Deeds in !k1d-c 1199 _ "r ,, e_ 39
The principal ,,ointr ,»nn wMch I 'ogre my application are as follows: (must be t t:`,_
det ai l .
Tis is an appication for a special permit and a variance that will
allow the petitioner to construct an addition to the present "Highway Grocery . "
The property is presently run down. The addition is part of an overall
renovation of the property that includes the "Star Pizza'. The present use is
non-conforming due to an inadequate side yard and' set back. The variance is
needed to allow the extension of the building line that abu?tts the Diary Queen
(inadequate side yard) . The addition does not encroach upon any public area,
but only toward the Diary Queen.
I agree to pay for advertising ir1 newspaper and incidental expenses. *
(Petitioner's Sipnature)
Sec. 1 APPLICATION FORTY!
eery application for action by the Board shall be made on a form approved b;; the roard.
Phese forms shall be furnished by the clerk upon request. Any cor.munication purportinC
to be an application shall 'be treated as mere notice of intention to seek relief until
such time as it is made on the official application form. All information called for by
the form shall be punished by the applicant in the manner therein prescribed.
Nery application shall be submitted .with a list of "Parties in Interest" which list"
;hall include the petitioner, abutters, owners of land directly opposite on any public
)r private street or way, and abutters to the abutters within three hundred feet of Ahe
)roperty line of the petitioner as they appear on the most recent applicable tax list,
iotwithstanding that the land of any such owner is located in another city or town, the
7)lanning Board of the city or town, and the Planning Board of every abutting city or town.
,'very application shall be submitted with an application charge cost in the amount of
25.00. In addition, the petitioner shall be responsible for any and all costs involved
n bringing the petition before the Board. Such costs shall include mailing and publi-
.ation, but are not necessarily limited to these.
LIST OF PARTIES IN INMEST
?lame Address
See Exhibit "B"
S , N '•
TCNN OF NORTH AN^0 E'ER
T �h � .'7 YASSACHUSET''S • a !��
\\\\ ..tY. OMAN/ OF AP k"
;P
m NOTICES This application must be typewritten
CQ �i v
�o AP TICK FOR MMI]W FRON THE REQUUMgNTS OF THE ZCNINa ORDINANCE
��a z® and C. , DiCarT6
Applioan atricia M, DiCaillbe Address 91- Massachusetts„Ave. No dover
1. Application is hereby made '
(a) For a variance from the requirements of Section -7 , Paragraph -7 - 3
of the Zoning Py-Laws.
(b) For a Special Permit under Section 9 , Paragraph �9 . 1 of the
Zoning By-Lawn.
(c) Aa.a.-parra86�'3sved,..tor.xwd svAt• k don' ion.neda:b�# a.�tildi Iae�aat�w'
2 • (a) Premises affected.are land ' " and buildings"' numbered 'K N k S f ��
which property is mor1m properlydescribes Exhibit '
(b) Premises affected are property with frontals on the North„, South ,
East, Westside of blain Street, and known at
No.
(o) Premises affected are in .Zoning District G•B , and the premises affected have an
area of 14,649 and frontage of 5 -_ on Chickering Road, 225
feet on Parkeet, .and 150 Feet. on Main Street.
3 pandrship:
(a) Name and address of owner (it joint ownership, give all.names)S
Richard C. & Patricia M. DiCarlo
Date of purohase Su 14 t '7 Previous owner, CCe Q dl d e-`Al2 f-hd v111 (/e�f�11/o
(b) If applicant is, not owner, cheek his interest in the prestisest Not Applicable
Prospective purchaser
Lessee
Other (explain)
4 • Size of proposed building: 21 front; 60 feet deep.
Height: 1 stories; 14 feet*
a) Approximate date of erection: August 1, 1981
b) Occupancy or use of each floorsGrocery
Y Stnr_„(rPefaI i
(c) Type of constructions`Cement-block; Brlck/Wood Veneer
5 . Size of existing buildings 21 feet front= 60/25 feet deep.
Height: One stories; 17 feet.
(a) Approximate date of erection: Over 30 years ago
(b) Occupancy or use of each floor: Vacant
(c) Type of construction wQnr3 Frame _,_,_ •
6 • . Has there been a previous appeal, under zoning, on these premises? wn_
If so, when?
7• Description of relief nought on this petition SDPs.13? PPrmi t to PYtP�,,,a nun_
conforming use; Variance of zoning laws (side-yard requirements) to permit
the erection of the addition shown on Exhibit •
8 . in the Legistry of Deeds.in look 1199 F„ge 39_ z• ;
;;e: ti ficit� Ji o. •Book - Fuge ,
t �'1..�.li '•�• ... - :.� 're,:.'.'1:: � .`.:j4�;.1'•_ Z,`�� -'a''}`v f�Yt.''���� at`� ��+ i�u�.i�'a� ���ti W 'C.''� f�v,':' : i' !''
etai�1.
This is an application for a small addition to a non-conforming use .
y presently part of an overall
The property is resentl run down. The addition is
renovation of the building that will "square if off" (it is presently not
square shaped) and drastically improve its appearance. The addition to the
building does not encroach further towards any public area - but rather
toward the interior of the property and the Diary Queen, which abutts the
property.
agree to pay for advertising in newspaper and incidental expenses. *
F etitioner's Signature)
ec. 1 APPLICATION FORM F
very application for action by the Board shall be made on a form approved by the £oard.
hese forms shall be furnished by the clerk upon request. Any cor.wunication purporting
o be an application shall 'be treated as mere notice of intention to seek relief until
uch time as it is made on the official application form. All information called for by
he form shall be furnished by the applicant in the manner therein prescribed.
very application shall be submitted with a list of "Parties in Interest" which list*
hall include the petitioner, abutters, owners of land directly opposite on any public
r private street or way, and abutters to the abutters within three hundred feet of jhe
roperty line of the petitioner as they appear on the most recent applicable tax list,
otwithstanding that the land of any such owner is located in another city or town, the
lanning Board of the city or town, and the Planning Board of every abutting city or.town.
,rery application shall be submitted with an application charge cost in the amount of
?5.00. In addition, the petitioner shall be responsible for any and all costs involved
i bringing the petition before the Board. Such costs shall include mailing and publi-
ition, but are not necessarily limited to these.
LIST OF PARTIES IN INTEREST
?Jame Address
See Exhibit "B11
. . ., .. ".;; •�� .. , ; - . �� ... •� .• ,meq
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t,'x:j�.:�_1'yf s'!+.'�t�M�t �'. ,r .,j:i•�.r!iN;r�`• d.:..«..sr ,.. w {. ,y ~. '^ ..
LIST OF PARTIES IN INTEREST
1. Town of North Andover (middle school)
2 . Martin Taylor 75 Wheeler Ave, Salem, N.H.
3 . William & Dorothy Arsenault 26 Allen Street, North Andover
4 . James H. & Patricia Black 470 Main Street, North Andover
5 . North Andover V.F.W. Post 2104 Chickering Road, North Andover
6 . Warren F. & Josephine Kelley 39 Park Street , North Andover
7. Louis P . & Rita S . Minicucci 518 Main Street , North Andover
8. Rita S. Minicucci 522 Main Street , North Andover
9 . Local Union Building Corp 483 Chickering Rd. , North Andover
10 . Joseph & Virginia Uniejewski 47 Park Street, North Andover
11. Robert & Frances Dionne 6 Allen Street , North Andover
12 . John J. & Delia Cushing 524 Main Street , North Andover
13 . Herman & Rose McCauley 450 Main Street , North Andover
14. James J. & Midlred Peters 460 Main Street, North Andover
15 . Robert & Rhoda Rosenberg 440 Main Street , North Andover
16 . Thomas & Patricia Ventura 455 Main Street, North Andover
17 . Rita Emmert 183 Appleton Street , North Andover
18. Estate of William & Anna
McAloon;
c/o Peg Breen 80 Greenwood Road, Andover, MA.
19 . Franklin Realty Trust ;.
c/o Timothy Schiavone 17 West Street, Haverhill, MA.
a 2�-/-/ej"'� GC/���
EXHIBIT "Bn
EXISTING "HIGHWAY GROCERY" - PROPOSED CHANGES
EXISTING BUILDING PROPOSED BUILDING
11.25'
10. ' 36.88'
6.25' 16.25' 23.13'
6.25'
9.38'
2.50' 12.50'
16.88'_ 15.00'
15.00' 00' 1,954.64
4.38' 53. square feet 53.00'
1,567.05
31.25' square feet 20.00'
36.88' 36.88'
It is propsed that the existing building be
off" as shown. There is a total increase in square footage
of 387 . 59 feet . The height is increased from about 17 ' to 241 .
The area traced in red on the diagram of the propsed
building shows the building line for which the variance is
required.
'EXHIBIT "Air
r
LIST OF PARTIES IN INTEREST
1. Town of North Andover (middle school)
2. Martin Taylor 75 Wheeler Ave, Salem, N.H.
3. William & Dorothy Arsenault 26 Allen Street, North Andover
4 . James H. & Patricia Black 470 Main Street , North Andover
5. North Andover V.F.W. Post 2104 Chickering Road, North Andover
6 . Warren F. & Josephine Kelley 39 Park Street , North Andover
7 . Louis P. & Rita S . Minicucci 518 Main Street , North Andover
8. Rita S. Minicucci 522 Main Street , North Andover
9 . Local Union Building Corp 483 Chickering Rd. , North Andover
10 . Joseph & Virginia Uniejewski 47 Park Street , North Andover
11. Robert & Frances Dionne 6 Allen Street North Andover
12 . John J. & Delia Cushing 524 Main Street , North Andover
13. Herman & Rose McGauley 450 Main Street , North Andover
14. James J. & Midlred Peters 460 Main Street, North Andover
15 . Robert & Rhoda Rosenberg 440 Main Street , North Andover
16 . Thomas & Patricia Ventura 455 Main Street , North Andover
17 . Rita Emmert 183 Appleton Street , North Andover
18. Estate of William & Anna
McAloon;
c/o Peg Breen 80 Greenwood Road, Andover, MA.
19. Franklin Realty Trust ;
c/o Timothy Schiavone 17 West Street, Haverhill, MA.
EXHIBIT "B"
TELEPHONE 683-3168
0I1wn of North Anbourr 683-3169
C POLICE DEPARTMENT
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July 8, 1981
Board of Appeals
Town Office Building
North Andover, MA
Attention: Frank Serio, Jr., Chairman
Re: Memo dated June 30, 1981 Buco Plan
Gentlemen:
Upon review of the plan for stores to be located at the former site of
Star Pizza and present Hi-Way Grocery, I strongly recommend that, if
granted, there be "No Parking" signs installed in the following places:
1) Main St. from Park St. to Rte. 125 and, 2) Park St. from Main St. to
Rte. 125. This is a very congested area, close to a State Highway with
too much activity to allow on-street parking.
In regard to the proposed liquor store, please be reminded that M.G.L.
Ch. 138, Sections 15A and 16C refer to resale of alcoholic beverages
within 500 ft. of school property. An establishment such as this may
exist only if there is no objection from the governing body (School
Committee). If the School Committee does not object to the proposal,
then I certainly do not object to it.
Very truly yours,
Russell Donnelly, Chie
RD:gb
n
NORTH ANDOVER BUILDING DEPARTMENT NORTH
e �
120 MAIN STREET
NORTH ANDOVER, MA 01845 F a
�,SSACHU
INSPECTOR OF BUILDINGS TEL. 888-8102
ELECTRICAL INSPECTOR d
GAS INSPECTOR July 13, 1981
Board of Appeals
Town Office Building
North Andovert Ma.
Re: Petitions f July 1381
Gentlemen:
I have the following comments to make on petitions to be
heard bC;dition
.y-y ur Board:
hard DiCarlo Building permit refused because the proposed
was les an the required distance from the lot line.
2. Steven Broderick: Was refused a building permit because the pro-
posed conversion requires a special permit from the Board of Appeals.
3. Arlington Trust Co.: The proposed addition is closer to the lot
line than is allowed by the Zoning By Law.
4. Andrew Circle Realty Trust: I recommend renewal of the earth
removal permit so as to allow the completion of the operation and use
of the land for residential purposes.
5. Evelyn DiGaetano: In my opinion, the Zoning Board of Appeals does
not have jurisdiction in this petition. The applicant's plan shows a
lot with no frontage at all. The applicant does not own land having
frontage on Marbleridge Road but has only an easement over the land that
is owned by someone else. The Zoning By-Law defines a lot as a parcel of
land in one ownership.
6. Stephen Callahan: I will be present at the meeting to give an
explanation.
Very truly yours,
CHARLES H.A FOSTER
�/
INSPECTOR OF BUILDIMS
CHF:ad
� I Memorandum to : Police Chief
l; from Frank Serio , Jr. , Chairman , hoard of Appeals
Date June 30 , 1931
Please review the enclosed plan which proposes a liquor store
on the corner of Hain Street and Chickering Road .
I would appreciate receiving your comments prior to the next
meeting of the Board , which will be on Monday evening , July 13 ,
1961 .
Also , could you please return the plan with your comments .