HomeMy WebLinkAboutMiscellaneous - 498 CHICKERING ROAD 4/30/2018 (2) I
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
April 22. . . . . . .
19.86
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building,North Andover,on. T ue s day
eveni.ng. . . . . . . . the 1.3 . . day of M-ay. . . . . . . . . . . . . . . . . .
19.8 6 , at.7.: 3q clock, to all parties interested in the appeal of
�< Mobil Oil . Corp.ora.tion . . . . . . . . . . . . . . . . . . . . . . . . . .
•, requesting a variation of Sec.7.,. .Parag. . 7.3.of the Zoning
• Permit 6 .5 , Para 3 (f)
By Law so aS poepce . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .
construction. of canopy within 25 ft of front
lot line, locate sign on new twin fixture area
near -Park St. within ' 10 ' -,of' 1'ot' -line Install
low. ,]ovel. .light, near Park St and install one
sign 20 sq ft in area and attachedto' new twin
fikture, *area 'light- near -Park- -St- -lot- line:
on the premises, located at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
498 Chickering .Road
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By Order of the Board of Appeals
Frank Serio, Jr. , Chairman `
Dill to: Mobil Oil Corp. , Donald D. Cooper
Hutchins & Wheeler, One Boston Place Boston, MA
Publish in N. A. Citizen on April 24 & May 1, 02108
1986
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Mobil Oil Corp
C/o Donald D. Cooper
Hutchins & Wheeler
'One Boston Place, Date: April• 28, 1986
Boston, MA 02108
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals .
Kindly submit $ 4. 84 for t'ne following: /
Filing Fee $ Paid 1
Postage
$
4. 84
Your check must be made payable to the Town of North Andover and "s
may be sent to my attention at the Town Office Building, 120 Main
Street , North Andover , Mass . 01845.
Sincerely,
BOARD OF APPEALS
Audrey W. Taylor, Clerk
t:en
Legal Notice
TOWN OF NORTH ANDOVER
BOARD OF APPEALS NOTICE
� NORih
3? .�a. •.•.•. o April 22, 1986
o Notice is hereby given that
the Board of Appeals will give a
r hearing at the Town Building,
�' North Andover, on Tuesday
;'.•��;—. evening, the 13 day of May.
,s SAC•s ty 1986, at 7:30 o'clock, to all
parties interested in the appeal
.t
OMo
questing a variation of Sec. 7f Pa agl 7..3 of the Z ning By
Law Special►*rmit 6.5, Para 3(f)so as to permit construc-
tion of canopy within 25 ft. of front lot line, locate sign on
new twin fixture area near Park St within 10'of lot line,in-
stall low level light near Park St.and install one sign 20 sq.
ft. in area and attached to new twin fixture area light near
Park St.lot line on the premises,located at 498 Chickering
Road.
By Order of the Board of Appeals
Frank Publish N.A Citizen April 24 and May 1. 1986r..Chairman 19
izen
Legal Notice`
TOWN OF NORTH ANDOVER
BOARD OF APPEALS NOTICE
NORr
April 22, 1986
o Notice is hereby given that
the Board of A
p Apeals will give a
hearing at the Town Building,
North Andover, on Tuesday
I
evening, the 13 day of May.
1986, at 7:30 o'clock, to all
sAcNIS
�., parties interested in the appeal
I
Of Mobil Oil Corporation're-
questing a var'ation of Sec. 7, Parag,7.3 of the Zoning By
Law Special Permit 6.5. Para 3(f)so as to permit construc-
tion of canopy within 25'ft. of front lot line.locate sign on
new twin fixture area near Park St.within 10'of lot line,in-
stall low level light near Park St.and install one sign 20 sq.
ft. in area and attached to new twin fixture area light near '
Park St.lot line on the premises.located at 498 Chickering
Road.
By Order of the Board of Appeals.
Frank Publish N.A.Citizen:April 24 and May 1. 1986 :Chai g19
Zoning Board of Appeals North Andover
Hearing No.: ZBA-2008.0010 Date: February 20, 2008
APPLICATION TYPE: SUBMISSION DATE
Variance& Special Permit Tue Apr 22, 1986
Applicant's Name: Owner's Name:
NAME NAME:
ARSENAULT,DOROTHY TRUSTEE&C/O P ARSENAULT,DOROTHY TRUSTEE&C/O P
ADDRESS. ADDRESS--
P
DDRESSP O BOX 4973 P O BOX 4973
TOWN: STATE ZIP CODE: TOWN: STATE: ZIP CODE:
HOUSTON TX 77210 HOUSTON TX 77210
PHONE NO.. FAX NO.: PHONE NO.: FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:
Www Location.: SITE ZONING:
498 CH/CKERM ROAD
TOWN: SECTION OF BYLAW:
NORTHANDOVER,MA 01845 7.3
GIS# MAP: BLOCK: LOT: ACTION TAKEN:
437$ 071.0 0028
Reason fol filing:
War from 7.3&Table 2,6 6 5.d;&SP 6 3.f.
HARDSHIP:
FINDINGS
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY. APPEAL DATE:
Tue Apr 14 1986 Wed May 07,1986 Tue Nay 27,1988
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY. APPEAL DEADLINE'
MonApr2g,1986 Thu Jun 26,1988 Tue May 13,1986 Tue May 27,1986 Tue Jun 03,1986
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
L
e A r 28,1988 Tue Ma 13,1986 Tue Ma 13,1986 Tue May 13,1988
ND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
n May 05,1980 1 ThuJ6131,1986 Thu Jul 31,1980
MEMBERS PRESENT: VOTE
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
MINUTES OF MEETING:
GeoTMSO 1998 Des Lauders&Associates.Inc.
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
C
Mobil Oil Corporation Date . . . .May. 2.9 ,• •1986
Donald D. Cooper
Hutchins & Wheeler Petition No.. . 89.-86. . . . . . . . . . . .
One Boston Place
Boston , MA 01845 Date of Hearing. . .M.ay. .13,. .l986
.Petition of . . . . . .Mobil .Oi.l. Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . .
Premises affected . . . .4 9.8. Ch i cke ri ng .Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements oc-. .7•,• •P ar•a'. 7. 3,
and Table 2 , Section 6 . 6 (5 ) (d) and a Special MI of
Section. 6.' . Paragraph. 3 (f) of the. Zoning ByL�Lws
so as to permit .construction .of . canopy. within 25 ft of front lot line , locate
sign. on. new. .twin. fixture . area. .near. Park St. within. 10 ' of lot. .line install
low level light near Park St. and install one sign 20 sq ft in area and
After +kph Ox%*�MARWxc AkcX].Rgff§tiQkA )mAHxXxxXxxxx x
attach to new twin fixture area light Park St lot line on 498 Chickering
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rd
permit to . . . . . .See . a.t ta.che.d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Signed
. . . . . . . . Frank. S rio., -i .. , . Chairman
Alf-red -Fri ze.11e.,. .•Esq..,. .Vice-chairman
• . . • • . Augustine. •Nicke•r.son, • Cle.rk
Wi l Ii am •S u•l li•van. . . . . . . . . . . .
Walter-Soule. . . . . . . . . . . . ... . . ..
Board.of Appeals
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TOWN OF NORTH ANDOVER
GieC ° MASSACHUSETTS
BOARD OF APPEALS
May 29 , 1986
Mobil Oil Corporation-
% Donald D. Cooper
Mr. Daniel Long, Town Clerk Hutchins & Wheeler
Town Office Building One Boston Place
North Andover, MA 01845 Boston, MA 01845
Dear Mr. Long:
The Board of Appeals held a public hearing on May 13, 1986, upon the
application of Mobil Oil Corporation who requested a variance from
the requirements of Section 7 , Paragraph 7. 3 and Table 2 , also Section
6 . 6 (5) (d) and a Special permit of Section 6 , Paragraph 3 (f) of the
Zoning ByLaws , so as to permit construction of canopy within 25 ft. of
front lot line , locate sign on new twin fixture area near Park Street
within 10 ' of lot line , install low level light near Park Street and
install one sign 20 sq. ft. in area and attached to new twin fixture
area light near Park Street lot line on 498 Chickering Road. The
following members were present and voting: Frank Serio, Jr. , Chair-
man, Alfred Frizelle , Esq. , Vice-chairman, Augustine Nickerson , Clerk,
William Sullivan and Walter Soule.
The hearing was advertised in the North Andover Citizen on April 24
and May 1 , 1986 and all abutters were notified by regular mail. On
a motion made by Mr. Frizelle and seconded by Mr. Nickerson the
special permit was DENIED, voting in favor for deniel were Mr. Frizelle ,
Mr. Nickerson , Mr. Sullivan and Mr. Serio, against; Mr. Soule .
Motion made by Mr. Frizelle and seconded by Mr. Soule to GRANT the
variance of Section 7, Paragraph 7. 3 and Table 2 , Section 6 .6 (5) (d)
of the Zoning ByLaws subject to the following conditions : canopy is
allowed within 25 ' of lot line and shall not have a Mobil logo on it,
two low level lights near Park Street allowed subject to the conditions
that free standing sign on Park Street be solely for the Mobil logo
idea. Vote was unanimous .
The Board feels that the granting of this variance will in no way
deter from the existing neighborhood.
Sincerely,
ank Serio, Jr. , Chairman
BOARD OF APPEALS
/awt
� r Mobil Oil Corporation (Continued decision)
After a public hearing on the above date, the Board of Appeals voted to
DENY the special permit of Section 6 , Paragraph 3 (f) of the Zoning Bylaw
as requested. Motion made by Mr. Frize lle and seconded by Mr. Nickerson
to deny, vote in favor; Mr. Frizelle, Mr. Nickerson, Mr. Sullivan and
Mr. Serio. against; Mr. Soule
Motion made by Mr. Fr.izelle and seconded by Mr. Soule to GRANT the
variance of Section 7, Paragraph 7. 3 and Table 2 , Section 6 .6.(5) (d)
,pf the Zoning Bylaws subject to the following conditions : canopy is
allowed within 25 ' of lot line and shall not have a Mobil logo on it,
two low level lights near Park Street allowed subject to the con4gitions
that free standing sign on Park Street shall be solely for the Mobil
logo idea. Vote was unanimous . �
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NORTH ANDOVER BUILDING DEPARTMENT f pORTM,
120 MAIN STREET
NORTH ANDOVER, MA 01845
00
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V� r�
�1SS�CHUS�
INSPECTOR OF BVILDmes TEL. 888-8102
ELECTRICAL INSPECTOR
GAS INSPECTOR
May 13, 1986
Board o6 AppeaU
Town 064ice Buieding
North AndoveA, Ma.
Re: Pe t�oh aj Wb.t Oit Company
Genttemen:
RegaAding the appt cation o6 Mobit Oit Conp., 498
Chickening Road, 16ee2 that mane in4onmat on -us needed on
the size, shape, etc. o4 the sigws involved; possibZy thus
can be provided at the heaAi,ng.
very tAuty youu
CHARLES H. POSTER - --
INSPECTOR OF BUILDINGS
AND
ZONING OFFICER
CHF:a4
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Received by Town Clerk:
ryaa (wyjiit A"(? .
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TOWN OF NORTH ANDOVER, MASSACHU$ITTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
c/o Donald D. Cooper
Hutchins & Wheeler
Applicant_Mobil Oil Corporation_ Address One Boston Place
Boston, MA 02108
1. Arnlication is her-^by made:
a) For a variance from the requirements of Section7 . 3 Paragraph
and Table: '2 of the Zoning By Laws .and Section 6 . 6 (5) (d) .
b) For a Special Permit under Section 6 . 5 Paragraph3(f) of the Zoning
By Laws .
xA As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
2. a ) Premises affected are land X __and building(s ) X numbered
498 Chickerinn Road -- --Street .
b) Premises affected are property with frontage on the North ( )
South ( ) East ( ) West (X) side of Chickering Road I
Ste , and known as No. 498 Chickering Road
-- _
c ) Premises affected are in Zoning District GB_, and the premises
affected have an area of 35 , 000 —square feet and frontage of
251 feet .
3. Ownership
a) Name and address of owner ( if joint ownership, give all names ) :
Dorothy E. Arsenault, Trustee w/u William J. Arsenault
Date of Purchase 1982 Previous Owner William J. Arsenault
b) If applicant is not owner , check his/her interest in the premises:
Prospective Purchaser X Lesee Other (explain)
cappy
Size of proposed o30 ' 4" front; 56'4'1 feet deep;
° Height 1 stories; 14 fee—t .
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a) Approximate date of erection: as soon as possible
b) Occupancy or use of each floor : canopy for gasoline pumps
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7 . Description of relief sought on this petition see attached
statement
8. Deed recorded in the Registry of Deeds in Book 1565 Page 342
Land Court Certificate No. Book Page
f
The principal points upon which I base my application are as follows:
(must be stated in detail )
See attached statement
I agree to pay the filing fee, advertising in newspaper , and incidental
expenses*
Signature o Petitioner
Every application for action by the Board shall be made on a form approved
by the Board. These forms shall be furnished by the Clerk upon request.
Any communication purporting to be an application shall be treated as mere
notice of intention to seek relief until such time as it is made on the
official application form. All information called for by the form shall
be furnished by the applicant in the manner therein prescribed.
Every application shall be submitted with a list of "Parties In Interest"
which list shall include the petitioner , abutters , owners of land directly
opposite on any public or private street or way, and abutters to the
abutters within three hundred feet ( 300 ' ) of the property line of the
petitioner as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner 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.
*Every application shall be submitted with an application charge cost in j
the amount of $25. 00. In addition, the petitioner shall be responsible 1
for any and all costs involved in bringing the petition before the Board.
Such costs shall include mailing and publication, but are not necessarily
limited to these.
Every application shall be submitted with a plan of land approved by the
Board. No petition will be brought before the Board unless said plan has
been submitted. Conies of the Board ' s requirements regarding plans are
attached hereto or are available from the Board of Appeals upon request.
LIST OF PARTIES IN INTEREST
Name Address
0"1 . Dorothy E. Arsenault, Trustee P.O. Box 161 , Northwood , NH 03261
-D----.lames P. and Nancy M. Hurrell 293 Waverly Road , N. Andover, MA 018451
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Application of Mobil Oil
7 . Description of relief sought on this petition.
Relief is sought on the following items .
1. Mobil wishes to erect a canopy over the pumps at this
gasoline service station within the 25 foot front yard setback
area. Mobil seeks a variance to X7 . 3 of the zoning by-.laws to
construct the canopy within 25 feet of the
front lot line.
2 . Mobil wishes to locate a sign on the proposed new twin
fixture area light near the Park Street lot line as shown on the
plan. The proposed location is within 10 feet of the lot line.
The proposed sign therefore does not comply with Section 6 . 6 (5) (d)
of the zoning by-law which requires 10 foot setbacks from lot
lines . Mobil therefore requests a variance from that requirement.
3 . Mobil proposes to install a new low level area light
near Park Street on the lot as shown on the plan. Since the new
light will be within the 25 foot setback requirement for front
yard , Mobil requests variances from that requirement.
4 . Mobil proposes to install one sign that it is not entitled
to as of right-. under Section 6 of the Zoning By-Laws which governs
signs . It is referred to on the plan as a "POS" sign (the acronym
standina for Point of Sale) . It will be 20 sq. feet in area and
attached to the proposed new twin fixture area light near the
Park Street lot line as shown on the plan. Mobil requests a special
permit for this sign pursuant to §6 .53(f) of the Zoning By-Law
which allows grantina of a special permit for an additional primary
ground sign for service stations .
The principal points upon which Mobil bases its application
are as follows :
The points upon which Mobil ' s requests for variances are
based are as follows . These arguments would apply to the variances
.requested for the proposed canopy, POS sign and the proposed low
level area light.
The existing business use of this parcel is as a gasoline
station which requires that business activities be carried out
in the frontand of the parcel .y e pa el . Theasoline business is a competitive
g p ve
one, requiring periodic i
upgrading of equipment .e.
p p ( station lighting)
and facilities to make the station a comfortable and attractive
one for the public to use (i .e. the canopy) . The proposed canopy
will protect the customers and their cars from the elements while
service is perirmed . This improvement is mandated to keep this
F
station ' s customer base in the face of competition having modernized
facilities such as the Haffner ' s station nearby which has a canopy
over its pumps .
The variances for the sign and area light are required
because any signage and lighting to allow customers to identify
the station and light the grounds for safe passage onto the property
must be alona the roads on which the station is located to be
effective. Location further back on the lot or to the center
of the lot would interfere with safe traffic flow, because of
the limited size of the lot.
Mobil requests that, for these reasons, the Board find
that owing to circumstances relating to shape and size of the
property and to existing structures but not effecting the zoning
district in general , a literal enforcement of the provisions of
the zoning by-law will involve substantial hardship to the 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 the zoning by-law.
The special permit .requested for a POS sign should be granted
to allow customers of the station to identify the products and
services offered at the station and the prices therefor. The
existing gasoline station is located at a street intersection
and needs signage on Park Street as well as Chickering Road to
allow it to advertise and sell its products . The site is currently
a gasoline station which fits well with the neighborhood and the
existing uses along Chickering Road . The sign will be appropriate
for the site and will not adversely affect the neighborhood.
It will not create a nuisance or hazard to vehicles or pedestrians.•
Having a sign on the Park side of the station to display products
or prices will be in harmony with the general purpose and intent
of the Zoning By-Law.
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