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HomeMy WebLinkAboutMiscellaneous - 490 MAIN STREET 4/30/2018 (3) � #��� ��� � � �0 7��n S� . _ � r P STOCK No. 752 1/3 O O MADE IN U.&A. r, 2 �� � S ISD ° SG -D � S Legal Notice TOWN OF NVUTH ANDOVER MA.SACHU�qFn'S BOARD OF APPEALS NOTICE. NORTH A'D'O ' L O �.. t l K yrar:iw...r' 9SSACHU`'E� June 16 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on Monday.evening the 13 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 490 Main Street. By Order of the Board of Appeals. Frank Serio,Jr. Chairman Publish N.A. Citizen: June 25 and-July 2, 1981 L24 1 r*rO,t;ORTy��Y� ' O F A IL7tK } A'i• 1855 �j•� yssgCHU��'.�4; 3 �R� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE J un.e . .1.6 . . . . . .19.:1. Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover, on. Fi.o n d.a y. . e.v a rn.i.n g. . . . . . . . the .13th day of . . . . July. . . . . . . . . . . . . 19.81, at.7 :clock, to all parties interested in the appeal of Richard and Patricia Ji Carlo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . requesting a variation of Sec.1. PA r.-. .7 3. . .of the Zoning By Law so as to permit. .d r d. J4.01 2 4 r d. .a . S P e c_i a] Permit under Section 9 , Par. 9 . 1 of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Zoning fay-Lav so as to Ferizi t the extcris i on . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . I . . . . . . . Of a nonconforming use and allow the erec�tiun . . . . . . . . . . . . . . . . . . . . . o.f. . a.n a.dd,i tion h.avi ng. .l.ess than the required on the premises, located at. set back :. o►i the. prem i s e s located at 490 Main Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio , Jr. , Cnai r=�,aii Publish : N . A. Citizen : June 25 ani+ July z , 19F Send bill to : Ali 11 i am Muco 531 Chickering Reed No . Andover , Mass . 01845 ' ryti0..'ORR r 16 y3.`►`Q��r .�Ga 4 i-: ?" z �•:3.'. 1835 ;q` i s�sACHUS c� iga TOWN OF NORTH ANDOVER ^� MASSACHUSETTS Co so ' ° BOARD OF APPEALS o�ozo Lo V?. NOTICE OF DECISION Date . . . August 4 , 198 Petition No.. ?4 . aft d. 5. . . . '.8.1. Date of Hearing. . . .J,U.1 y. . 1.$ ,, .19$1. Petition of . . . . . . . .R i.c h a.r d. .D i . .0 a r.l.o. . . . . . . . . . . . . . . . . . . . . . . . Premises affected . .4 7.6. . C.h i c.k a r.i.n g. Road, 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 n,i 0.9' .B y. , (_a w Section .7 Para ra h 7 . 3 � . . . . . . .g . . .p . . . . . . . .and Table 2 and a. .Special Permit, .under Section 9 , Paragraph 9 . 1 so as to .permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the. .extens.i on, of .a, non. , conforming use and to permit the erection of additions havin less than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . the required set backs . After a public hearing given on the above date, the Board of Appeals voted to . . . .DENY. . . the . . . ...varian_ce, and. .speci,al perm--- - D-.a— T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- Signed F.ran.k Serio , Jr..,_ Ch ai'rman. . . . . . . . . . A.1.fr.ed. .E . . .Frizell.e.,_ .Esq , ,. Vice Chairman William J . Sullivan Augu.sti.ne. W , . Nic.kers.on. Raymond. .A.. .Vi.v.en.zi o., . Es.q .. . . . . , . Board of Appeals Ot 1160. 0 a si "•� f � r 0 ^ 7 SS�CHUStt o "N ��1 TOWN OF NORTH ANDOVER AUG --& " MASSACHUSETTS ; BOARD OF APPEALS o �o August 4 , 1981 Richard Di Carlo 191 , Massachusetts Ave . Premises Affected : 476 Chickering Road .and 490 Main Street Petition No . 24 and 25 - 18 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 DiCarlo . 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 votingrat 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 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 thei M ddle School and the Kittredge e School • th . g e inadequacy of parking facilities ; the unknown use of the Star Pizza building ; the increased loitering on the premises of thero ose i p p d liquor store' wnich the proposed purchaser acknowledged d 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 c ASG �•_-:: : 198 : _a. Frank Serio Jr . Chairman AEF/j w BOARD of AppiALs '33.x:.,,• ' NOTICE: This application must be typewritten APPLICATION FOR RELIPT' FROM THE REQUIOM. TS OF TIL$ ZONING ORDINANCE Richard. C. DiCarl•© •�- Applicant Patricia M. ,DiCarlo Address 191 Massachusetts Avenue (No. And x. Application is hereby made (a) For a variance from the, requirements of Section 9 r .Paragraph 9 ' 2 of the Zoning Dy-Laws. (b) For a Special Permit under Section 7 Paragraph Table 2 of the Zoning by-Laws* -e-40V -of decision rau 10 th* &AIding Inspector-or (a) A.. a party wrievedt for tether nthoa it 9 2. (a) Premises affectedare land'_ and buildings,_ numbered 490 Main Street. (b) Premiss affected are property with frontage on the North__., South East , Hest__,- side of wain Street, and known a No. 0 Main Street . - (o) Premises affected are in Zoning District.,G .B. , and the premises affected have an area of 14 400 and frontage of 119 . 39 feet on Main Street ; 191 feet on ParT Streez.760 -5.1 feet on Chickering Road. 3. Owndrship: (a) Name and address of owner (if joint ownerehip, give all names): Richard C. &• Patricia M. DiCarlo Date of purchase_1Za- Previous owner E/ev'ldr /A41'40�Y ae'vfs�i//0 (b) If applicant is not owner) check his interest in the premises: (N/A) -_ Prospective purchaser Lessee Other (explain) 4. Size of_proposed building: 20 front; 49 . 80 feet deep. Height 1 & 2 stories; 15 & 20 feet. 996 square feet . (a) Approximate date of erection: Au ust , 1981 (b) occupanog or use of each floor: Retail or cepace (c) Type of construction: Wood and brickveneer 5. Size of P-li sting building: 12. 0eet front;. 49 . 80 r ,rsfeet deep. Ari f,ht: stories; fOet. 991. 5 square feet . (a) Approximate date of erection: 30 years ago. (b) Occupancy or use of each floor: vacant, (c) Type of construction wooa Prame 6. Has there mobeen a previous appeal, under zoning, on these premises? NO If so, ti:t•.en.I 7 Description of relief sought on this petition Special Permit to extend the present non-conforming use; Variance of Zoning By Laws ( side yard requirement) _ _ See attached diagram labelled Exhibit A. -_ in the registry of Deeds in 8&.,6c_ 1199 39 , t No. Book rage r Ca Me principal ;ointr i) •,n wMch 1 lj%ce my application are as follows:lows: (must be letai] ). This is an application for a small addition to the existing "Star Pizza" Building. The building and property is presently run down The addition is part of an overall renovation of the property that includes a renovation of the present "Highway Grocery. " The present use is non-conforming due to an inadequat side yard and set back. The variance is required to' allow the extension of the ouilding line that abutts the Diar ' y Queen (inadequate side yard) . The addition does not further encroach upon any public area - but only% toward the Diary Queen agree to pay for advertising iii newspaper and incidental expenses. * .. .(Petitioner's Signature) ;ec. 1 APPLICATION FM ,very application for action by the Board shall be made on a form approved by the Roard. 'hese forms shall be furnished by the clerk upon request. Any communication purportinC :o be an application shall U 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 it private street or way, and abutters to the abutters within three hundred feet of the -roperty line of the petitioner as they appear on the most recent applicable tax list, totwithstandinG that the land of any such owner is located in another city or town, fhe '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 INTEREST ?dame Address See Exhibit "B" EXISTING "STAR PIZZA BUILDING" - PROPOSED CHANGES EXISTING BUILDING PROPOSED BUILDING 12 . 50 ' 7.5' „ 7.5' A 6 . 50 ' 20.00' 36 . 70 991. 5 49 . 80 ' 996 square feet square 49 . 80 ' feet 49 . 80' 7 . 5 ' t g 13 ! 10 ' L 12 . 50 ' 20.00' DRAWN TO SCALE — 1" = 20 ' r It is proposed that the existing building be "squared off" as shown. There is a total increase in square footage of the building of under 10 feet . The height remains the same. Area "A" designated in blue on the diagram of the existing building will be taken down. Area "B" on said diagram will be erected . The red line in Area "B" represents the building line for which the variance is required. EXHIBIT "A" i 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 4.55 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" 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" 1, 1 1 � � I EXISTING "STAR PIZZA BUILDING" - PROPOSED CHANGES EXISTING BUILDING PROPOSED BUILDING 12 . 50 ' 7.5' 7.5' ,A_, 17 _ 6 . 5 0 ' 20.00' .36 70 991. 5 49 . 80 ' 996 square feet square 49 . 80 ' feet 49 . 80' 7 . 5 ' 131. 10' 12 . 50' 20.00' DRAWN TO SCALE - 1" = 20' It is proposed that the existing building be "squared off" as shown. There is a total increase in square footage of the building of under 10 feet . The height remains the same. Area "A" designated in blue on the diagram of the existing building will be taken down. Area "B" on said diagram will be erected . The red line in Area "B" represents the building line for which the variance is required. EXHIBIT "A" 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 "A" f 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"