HomeMy WebLinkAboutMiscellaneous - 530 TURNPIKE STREET 4/30/2018 (5)U)
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Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
Ci�n- r. r- C .. .
Lb.1%betk Nlcew
Building Comadssiemfr
400 Osgood SMet
North Andover, Massachusetts 01845
Any appal shall be filed Notice of Decision
within (20) days after the Year 2005
date of filing of this notice
in the nfliirp of the Town Cleric. Propam at: SM Turnpike Street
Telephone (978) 688-9541
Fax (978)688-9542
NAME:_ _ Sabel Five Cents Savings .Hank
HEARING(S): Jaeary11 din February8,
2005
ADDRESS: 530 Turnpike Street
PET]rMN: 2005.001
North Andover, MA 01845
TYPING DATE: F 11, 2005
The North Andover Board of Appeals held a public hearing at its regular meeting in the ?own Hall top
floor meeting room, 120 Main Street, North Andover, MA an Tuesday, February 11, 2005 at 7:30 PM upon
the application of Sales Five Certs Saviap Bank, 210 Essex Strad, Salem, MA 01970, for premises at:
530 Teepirae Saw% North Andover requesting a Findir►g under section 10. Paragraph 10.4 and section 6,
Patagtaph 6.6.D. lof the Zoning Bylaw from the Building lnspe Ws denial of a sign permk. Said promise
affected is property with f wage on the Northeast side of Turnpike Surat within the GB zoning district.
The legal notices were published in the Eagle Tribune on Deoahber 27, 2004 di: January 3 2005, and all
abutters were notified.
The following members were present: Elko P. McIntyre, Albert P. Manzi, III. llamas D. Ippolito, and
David W. Webster.
The following non-voting members were present: John M. Pallans and Richard I Byers.
Upon a motion by Albert P. Manzi, III and 21d by David W. Webster, the Board voted to GRANT a
Finding under Section 10, Paragraph 10.4 and Section 6, Paragraph 6.6.D.1 in favor of the applicam in
order to allow a secondary wall sign. smaller in dimensions and lettering, with the following conditions:
1. Tile secondary sign permit sball be greeted to the appOeant, Saba FM Coate Savings Bank,
101110-
2. Tile secondary age "Sales Mw Beak" ska8 have lett&rlog smaller tune the primary sign's
"Sales Five" and stall be no larger than 25 sq. M in area on the asstera well eetobletere, a
lesser dimeasioe tbaa the Turnpike Street firontage's Primary sign of 35.19 4 h
Voting in favor: Ellen P. McIntyre, Albert P. Manzi, III, Thomas D. 1ppolito,. and David W. Webster.
The Board finds drat the applicant applied for and received a primary sign permit in May 2004. The Bard
finds that the sign permit application for another sign, smaller in danahsioos and Main& is a secondary
sip which is allowed in the GB dis&ict per Sectim 6, Paragraph 6.6.D.1 even though the applicant did net
stale in the sign application that the request was for a secondary sight. The Board fords that a 25 sq, fl. wall
sign on a 104.5x13.5 wall will &lbw for 4 other tenant signs. The Board finds that the applicant has
satisfied the provisions of Section 6 of the zoning bylaw and that such change, exwWon or aheratian shall
be less detrimental to the neighbafiood because the secondary sip will allow northbound traffic on
Turnpike Street to identifj the Bank before passing the entrance.
Page I of 2
Board of Appaah 978.688-9541 Building 978.681-9545 Con%wauoe 978.681-9530 Huhu 9781489-9340 Pl&n1ft 978488-9535
1
• r
Town of North Andover f NORTH
Office of the Zoning Board of Appeals
Community Development and Services Division
400 Osgood Street
North Andover, Massachusetts 01845 'sSwCHus�t{
D. Robert Nicetta
Building Commissioner
Telephone (978)688-9541
Fax (978) 688-9542
Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of
the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a
Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2)
year period from the date on which the Special Permit was granted unless substantial use or construction
has commenced, it shall lapse and may be re-established only after notice, and a new hearing.
Town of North Andover
Zoning Board of Appeals,
Ellen P. McIntyre, Chair
Decision 2004-036.
M25P64.
Page 2 of 2
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
400 Osgood Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Legal Notice
North Andover, Board of Appeals
Telephone (978) 688-9541
Fax (978)688-9542
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Notice is hereby given that the Board of Appeals will hold a public hearing in the top
floor meeting room of the Town Hall, 120 Main Street, North Andover, MA on Tuesday
the I Vh of January, 2005 at 7:30 PM to all parties interested in the appeal of Salem Five
Cents Savings Bank, 210 Essex Street, Salem, MA 01970, for premises at: 530
Turnpike Street, North Andover requesting a Finding under Section 10, Paragraph 10.4
and Section 6, Paragraph 6.6.D.1 of the Zoning Bylaw from the Building Inspector's
denial of a sign permit.
Said premise affected is property with frontage on the Northeast side of Turnpike Street
within the GB zoning district.
Plans are available for review at the office of the Building Department, 400 Osgood
Street, North Andover, MA Monday through Friday from the hours of 8:30AM to
4:30PM
By order of the Board of Appeals
Ellen P. McIntyre, Chair
Published in the Eagle Tribune on December 27, 2004 & January 3 2005.
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Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
No.:Date
TOWN OF NORTH ANDOVER
p BUILDING DEPARTMENT
Building/Frame Permit Fee $
SSACHUS�
Foundation Permit Fee $
Other Permit Feecy( J�R/
!i P -Bud ding`-f4VsG1;Di
zBA 235
Date .�..'...�%.... Q
TOWN OF NORTH ANDOVER
RECEIPT
This certifies that..!!It....«1....►!..G>.Ll.�!.....!r
has paid /-?.o...... ..........!. �!t..i!1.......
1 �
for. . .... .!<r.d..►�.�?.t. .......5. i. Jxi ...........................................
Received by ... ✓ `/ !.1.. !:' .¢'??!...................................................
Department........... ..............................................................
WHITE: Applicant CANARY: Department PINK: Treasurer
FEB -1.7-2005 10:01
P. 01/03
Town of North Andover E „ORTM
►... Office of the Zoning Board of Appeals �? •'` `''
Community Development and Services Division
,1 400 Osgood Street
i ! North Andover, Massachusetts 91845
ia6eit 14icetta
Building Commissioner Telephone (978) 688-9541
Fax (978)688-9542
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2005
date of filing of this notice
in the nffire of the Town Clem. Property at: SM Turnalke Street
NAME: Salem Five Cents Savings Bank
HEARING(S): January11 & February8,
2005
ADDRESS: 530 Turnpike Street
PETITION: 2005-001
North Andover, MA 01845
TYPING DATE: FLbM 11, 2005
The North Andover Board of Appeals held a public hearing at its regular meeting in the town Hall top
floor meeting room, 120 Main Street, North Andover, MA on Tuesday, February 8, 2005 at 7:30 PM upon
the application of Salem Five Cents Savings Bank, 210 Essex Street, Salem, MA 01970, for premises at:
530 Turnpilee Street, North Andover requesting a Finding under Section 10, Paragraph 10.4 and Section 6,
Paragraph 6.6.D.lof the Zoning Bylaw from the Building Inspector's denial of a sign permit. Said premise
affected is property with frontage on the Northeast side of Turnpike Street within the GB zoning district.
The legal notices were published in the Eagle Tribune on December 27, 2004 dt January 3 2005, and all
abutters were notified.
The following members were present: Ellen P. McIntyre, Albert P. Manzi, III; 'Thomas D. Ippolito, and
David W. Webster.
The following non-voting members were present: John M. Pallone and Richard. Byers.
Upon a motion by Albert P. Manzi,111 and 2od by David W. Webster, the Board voted to GRANT a
Finding under Section 10, Paragraph 10.4 and Section 6, Paragraph 6.6.D.1 in favor of the applicant in
order to allow a secondary wall sign, smaller in dimensions and lettering, with the following conditions:
1. The secondary sign permit shall be granted to the applicant, Salem Five Cents Savings Bank,
only.
2. The secondary sign "Salem Five Bank" shall have lettering smaller than the primary sign's
"Salem Five" and shall be no larger than 25 sq. tit in area on the eastern wall entablature, a
leaser dimension than the Turnpike Street frontage's primary sign of 35.69 sq. ft.
Voting in favor: Ellen P. McIntyre, Albert P. Manzi, III, Thomas D. 1ppolito,. and David W. Webster.
The Board finds drat the applicant applied for and received a primary sign permit in May 2004. The Board
finds that the sign permit application for another sign, smaller in dimensions and lettering, is a secondary
sign which is allowed in the GB district per Section 6, Paragraph 6413.1 even though the applicant did not
state in the sign application that the request was for a secondary sign. The Board finds that a 25 sq. ft. wall
sign on a 104.5x13.5 wall will allow for 4 other tenant signs. The Board finds that the applicant has
satisfied the provisions of Section 6 of the zoning bylaw and that such change, extension or alteration shall
be less detrimental to the neighborhood because the secondary sign will allow northbound traffic on
Turnpike Street to identify the Bank before passing the entrance.
Page 1 of 2
Board of appeals 978.698-9541 Building 978-6884545 CenaeNation 979-609-9530 Hoalth 9781688.9540 Praruung 978.689-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
400 Osgood Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of
the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a
Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2)
year period from the date on which the Special Permit was granted unless substantial use or construction
has commenced, it shall lapse and may be re-established only after notice, and a new hearing.
Town of North Andover
Zoning Board of Appeals,
Ellen P. McIntyre, Chair
Decision 2004-036.
M25P64.
Page 2 of 2
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Salem Five Hearing and Meetinghouse Commons Regulatory Agreement Page i of 1
Glennon, Michel
From: John Smolak Usmolak@smolakvaughan.comj
Sent: Monday, February 07, 2005 10:35 AM
To: 'Michel Glennon'
Subject: Salem Five Hearing and Meetinghouse Commons Regulatory Agreement
Mich:
In terms of timing for tomorrow night's hearing, I will be in Dracut for a hearing before their board of Selectmen at
7:20 pm, and I should be at the hearing no later that 8:45-9 pm. 1 saw the hearing schedule on the website and
assume nothing has changed on it, or that there are no continuances you know of which will expedite the Salem
Five hearing.
Also, if you speak with Ellen McIntyre and John Pallone before the meeting, could you please make sure they
bring their drivers license so that I can notarize their signatures on the Meetinghouse Commons regulatory
agreement? Thanks. ///John
John T. Smolak Esq.
Smolak & Vaughan LLP
Jefferson Office Park
820 Turnpike Street, Suite 203
North Andover, Massachusetts 01845
TeL 978.327.5220 (Main)
TeL 978.327.5215 (Direct)
Fax 978.327.5219
E-Mail.-jsmolak@SmolakVaughan.com
Web Address: www. SmolakVaughan, com
This communication is intended only for the use of the individual or entity named as the addressee. It
may contain information which is privileged and/or confidential under applicable law. If you are not the
intended recipient or such recipient's employee or agent, you are hereby notified that any dissemination,
copy or disclosure of this communication is strictly prohibited. If you have received this communication
in error, please immediately notify us at (978) 327-5220 or via return Internet e-mail to
lsmolak@smolakvaughan.com and expunge this communication without making any copies. Thank you
for your cooperation.
2/8/05
Town of Noah Andover
Office of the Zoning Board of Appeals
Conununity Development and Services Division •,I ` .. o
400 Osgood street ;
North Andover, Massachusetts 01895
D. Robert Nicetta
Building C07nn3issioncr
January 10, 2004
:w
Telephone (978) 688-9541
Fax (978)688-9542
TO: Town of North Andover
Zoning Board of Appeals
400 Osgood Street
North Andover MA 01845
C::, n
Please be advised that I have agreed to waive the time constraintso a_
the North Andover Zoning Board of Appeals to make a decision regarding the graingcr, .
of a Finding
r.3
w
for property located at:
STREET:_ 5, Turnp' e t
MAP: 25 PARCEL: 64
TOWN:North Andover
TO MEETING DAMS): —___&LM.8X g 2005
NAME OF PETITIONER: SalemFive Cent Sa ' .Dank
Signed:
P , toner (or petitioner's representative) John T. Smolak, Esq,,
'attorney for Salem Five Cents Savings Bank
T0: Ji�1AV1 �� JW10I K I G FROM: r I /✓ DATE: l /H/DS o
00
PAGES INCLUDING 00
n, THIS PAGE:
FAX #: Of I 0 r 3 �.� �s a 9 FAX #: PHONE #:
PEC MC WE
B,Mrd o eals 978- 688.9541 Building 978.688-9545 VORSWIlion 978-668-9530 Health 978-688-9540 Planning 978 688-gS35
JAN 7 - 2005
BOARD OF APPEALS
'x-004- a 3 6 Y' I
SMOLAK & VAUGHAN LLP
Attorneys at Law
Jefferson Office Park
82o Turnpike Street, Suite 203
North Andover, Massachusetts 01845
Telephone 978-327-5220
Facsimile 978-327-5219
John T. Smolak, Esq.
Direct 978-327-5215
Email: ismolak@SmotakVaughan.com
January 10, 2005
BY HAND AND E -MARL
Ellen McIntyre, Chair
Zoning Board of Appeals
Town of North Andover
400 Osgood Street
North Andover, Massachusetts 01845
RE: Application for Finding/Appeal of Building Inspector's Deterrnination
Owner: Pico Trust, John F. McGarry, Trustee
Petitioner: Salem Five Cents Savings Bank
Property: 530 Turnpike Street (Assessors Map 25 Lot 64)
Dear Ms. McIntyre and Other Board Members:
This firm represents the Petitioner with respect to the above -referenced
Application for a Finding and Appeal. Since I understand that the Building Inspector is
on vacation and will not be at tomorrow evening's hearing, I respectfully request the
Board to open and immediately continue the public hearing for this matter to the Board's
next regularly scheduled hearing which I understand is Tuesday, February 8, 2005.
Thank you for your cooperation with this matter.
Very truly yours,
j
JTS/ John T. Smolak
cc: Joseph Longo, Vice President, Salem Five Cents Savings Bank
D. Robert Nicetta, building Commissioner
DJAN 1 0 2005
BOARD OF APPEALS
�-00y l036
SMOLAK & VAUGHAN LLP
Attorneys at Law
Jefferson Office Park
820 Turnpike Street, Suite 203
North Andover, Massachusetts 01845
Telephone 978-327-5220
Facsimile 978-327-5219
John T. Smolak, Esq.
Direct 978-327-5215
Email: jsmolak@SmolakVaughan.com
BY HAND
Ms. Joyce Bradshaw
Town Clerk
Town of North Andover
Town Hall
120 Main Street
North Andover, Massachusetts 01845
December 16, 2004
RE: Application for Finding/Appeal of Building Inspector's Determination
Owner: Pico Trust, John F. McGarry, Trustee
Petitioner: Salem Five Cents Savings Bank
Property: 530 Turnpike Street (Assessors Map 25, Lot 64)
Dear Ms. Bradshaw:
This firm represents the Petitioner with respect to the above -referenced Application for a
Finding and Appeal. In support of the Application, please find ten (10) copies and one (1)
original of the following:
1. Application/Petition for Finding to the North Andover Zoning Board of Appeals;
2. Memorandum is Support of the Appeal;
3. Site Plan and Related Exhibits;
4. Certified Abutters List
5. Checks in the amount of $50 and $221, payable to the Town of North Andover
representing the Application Fee and Notification Fee.
Please contact me should you need additional information of if you have any questions.
Thank you for your assistance with this matter.
Y,0 y truly yours,
JTS/ �,Jbhn T. Smolak
cc: Joseph Longo, Vice President, Salem Five Cents Savings Bank
Ellen McIntyre, Chair, North Andover Zoning Board of Appeals
D. Robert Nicetta, Building Commissioner
TOWN OF NORTH ANDOVER FINDING
ZONING BOARD OF APPEALS
NAME:
ADDRESS OF APPEAL:
Procedure & Requirements
for an Application for a Finding
Ten (10) copies of the following information must be
submitted thirty U days prior to the first pubic 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 the Zoning Board
Rules and Regulations and is not meant to
supersede them. The petitioner will oomelete items
that are underlined
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and
receivers 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 for 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 section 10, page 4 of this form.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST:
The petitioner requests from the Assessors Office a
certified list of Parties in Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and 10 Xerox copies
of all the required information to the Town Clerk's Office
to be certified by the Town Cleric with the time and date
of filing. The original will be left at the Town Clerks
Office, and the 10 Xerox copies will be left with the
Zoning Board of Appeals secretary.
IMPORTANT PHONE NUMBERS:
978.688-9533 Office of Community Dev & Services
27 Charles Street
North Andover, MA 01845
978-688-9542 fax for Community Development offices
978-688-9545 Building Department
978-688-9541g Board of Appeals Office
nMC�QW PAGE Iof4
DEC 1 6 2004
D
JBOARD 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
The pebtioner picks up the legal notice from the Office
of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in hisitw 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 receive.
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 Law ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
SteD 10: RECORDING THE DECISION AND PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County, North Registry of Deeds, 381 Common St.,
Lawrence MA, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department.
978-688-9501 Town Cleric's Office
978-688-9566 Assessor's Office
Page 2 of 4 Date & Time Stamp
Application for a F I iii Di N G
NORTH ANDOVER BOARD OF APPEALS
1. Petitioner: Name, address and telephone number.
Salem Five Cents Savings Bank, 210 Essex Street, Salem, MA 01970
Attn: Joseph J. Longo, Vice President Tel. 978-720-5810
`rhe petitioner shaA be entered on tits legal notice and the decision as entered above
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
John F. McGarry as Trustee of Pico Trust, 401 Andover Street,
North Andover, MA 01345 Tel. 978-686-1111
18
Years Owned Land:
3_ Location of Property:
a_ Street: 530 Turnpike Street Zoning DistriCt General Business (GB)
b. Assessors: Map number 2 5 Lot Number. 64
c. Registry of Deeds: Book Number 2378 Page Number 8 9
4_ Zoning Sections under which the petition for the Finding is made.
Sections 10.4 and 6.6.D.1
-Refer to the Permit Denial and Zoning WLaw Phan Review as supplied by the Building Commissioner
5. Describe the Finding request:
Pursuant to Section 10.4 of. the North Andover Zoning Bylaw and Section 8 of
M.G.L. c.40A, the Petitioner, as a person aggrieved, is appealing the Building
Inspector's denial of a sign permit under the provisions of Section 6.6.D.1
of the North Andover Zoning Bylaw.
`The above description shall be used for the purpose of #* legal notice and decision. A more deteiled description is required pursuant to the
Zoning Board Rules and Regulatlons as cited on page 4 of oris aeon. 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 wN be Mnited to the request by the applicant and will not involve
additional Items not Included above.
fid, Difference from Zoning By -LAW requiremerrts: Indic aim the dimensions that will not meet current
Zoning By-law Requirements. (A and B are in the case of a lot spilt)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back'
Sq.Tt. Sq_ Ft. Coverage Feet Spaces Front Side A Side B Rear
A. N A N/A N/A % N/A N/A N/A N_/A N/A N/A
B. %
Page 3 of 4 Application for a FINDING
212--t-
NORTH ANDOVER ZONING BOARD OF APPEALS
6. b.EXistincsLot: See Site Plan. No Change Other Than Proposed Sign.
Lot Area Open Space Percent Lot F g
P P Frontage Parkin Minimum Lot set Bads
Sq_ Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
N/A N/A N/A % N/A N/A N/A N/A N/A N/A
c. Proposed Lot (S):
Lot Area Open Space Percent Lot Frontage Painting * Minimum Lot set Back •
Sq- Ft. Sq. Ft Coverage Feet Spaces Front Side A Side 8 Rear
N/A N/A N/A % N/A N/A N/A N/A N/A N/A
96
d. Required Lot (As required by Zoning By -Law)
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Balk •
Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear
N/A N/A N/A % N/A N/A N/A N/A N/A N/A
7. a. Existing Buildings:
Ground Floor Number of TOW
Square feet Floors Sq. feet
9384 2 18764
13320 1 + mezz 14640
Use of
Building•
Vacant (510 Turnpike Street)
Bank (530 Turnpike Street)
'Reference Use Code numbers and Uses from the ZofwV By-law State nun>ber of Wft in buil ft.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building'
N/A
N/A
N/A
.Reference Use Code numbers and Uses from the
Zoning BY-I-aw State number of units in budding.
8. Petitioner and Landowner signature (s):
Every apoicafim for a Finding shatl be made on this form which is the offidW form of the Zoning Board of A
the Town ClerKs office. It " be the resporu y of the pritioner to furnish all supporting dokxanerftIfon with this
is application shall be filed with
application received by the Town Clerk or the Zoning Board of applicmentsation. . The dated of
responsible for aft ems for fikV and legal notifiCah'on. Faihue to does not absolve the applicant from this r +tH The p� fi� shall be this
Regulations may result in a dismissal by the Dn Board of this "on r as wed herein and in the Zoning Board Rules and
S_a m Five Cent's- vings Owner- PiTrd!
SignaturejN Ilts.a t$ y ,
BV
peabovaNaWjf,4h,.�,1atc, Esq. // Jo —nF.
3:. "•"" Zoning Bylaw Denial
' Town Of North Andover Building Department
4W osgwd SL North Andover MA 01845
• i'''^�°a`` PlwM 876ad-8b45 Fax V&05 -"U
38 rur•n,l��Kr- St
K71
TRvS1'
Secun. Ty , a N
Date: I °L ' -1 o " and Plans ow your ppptwahon is
Please be advised that ager review of
DENIED for lits fWkmiM Zoning BOMN osasolls:
Zoning
G i3
item
Notes
Setback variance
Access atter then FmnWge Special Pwmd
Notes
A
1
Lot Area
l dt area IrtsuFfidatt
Common DMVAW Special Peaw
F
1
&FCOMPbcs
Variance for Sion
2
3
Lot Area P
lot Area
i -t e S
2
3
fronteae
y e s
4
Insuf Information
Planned Residential 4acial Perm3
4
InwWwient rlrforrmtiort
Special Permit nonoonformin
B
use
5
No atx� aver Frorntage
1
Allowed
y e s
G
contiguous Building %tree
2
Not Allowed
1
InWfficieK Arm
3
4
Use Preexistiq
Special Pernik Required
2
3
CBA
e'
5
Insufficient Informs ion
4
Insuffident Itttormatlom
C
sesaa
H
t3uildi ig Hot
1
All sedx dm complyI
HeiW Exceeds Ma)dmum
2
Front Irnuffiiclern
2
1 ComMies
3
Left Side Ireuffident
3
P
`i
4
Right Side Insufficient
4
Insufffaicrd Information
5
Rear Insufficient
i
Building Coverap
6
Preexist sedmck(s)
j 11 e" S
1
CuVeMe exceeds maximum
7
irk Inftmruillo t
12
D
Waftralted
3
Cotrerage Preexisft
1
Not in watershed
`i
14
Insufficient Information
2
In Watershed
j
Sign
3
Lot pfior to 1004184
1
not allowede
S
4
Zane to be Determined
2
ComPks
5
Insuf khwd Infomurdon
3
Insufficient Information
E
Wmtm G ict
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K
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1
In District review uired
1
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2
Not in district
L-j e S
2
Paritisuffr
3
Insufficient Information
3
IndW Information
4
Fladfte
S
Rawnedy for the above is chocked below.
Items Special Permits Planning Board
Item s Variance
Site Phan Rerriaw Perm2
Setback variance
Access atter then FmnWge Special Pwmd
PWWM Variance
Fiontap E=Wlion Lot Permit
Lot Area Variance
Common DMVAW Special Peaw
Height Variance
Comrspis Housing; Special Pemtit
Variance for Sion
Continuing Care Retirement Special Penna
SpwW Parmde Zoning Board
Independent Permit
Special Pa.. Non -Conforming Use ZBA
Large Estate Condo Special Peand
Eath Removal Special Permit ZBA
Planned Development DMid Special Permit
Special Permit Use not Listed but Similar
Planned Residential 4acial Perm3
i / ' Permit for ftn
R-6 Permit
Special Permit nonoonformin
Watershed Special Pannit
The above review and alldW evPMna" d suGb is beam on the prams and hdomlaUon 8 bnMad. No deArrbve review end
or aiM slid be btled an Mill eOlYgbdlt by h tlp0wl W d d alch YUM Ilgilbome by the ap9M snots ta
Provide def Owe anMvre ID#W above - for GENIAL. Any k=vwaciea, miMaadnp hdamntior6 a dheralarequard
dwgea to the il 11 aubaftd bylaaappivi atarB he Oaada for dais naiirrio h voided d the dieaaeon dih
Depmhrwd. Tt* ar , , ' dommmi tiled °Pin Raeiaw NenaiiW the ba ndootnd holo ani ineaporand laaai�
by fie" Tha he"q depararwdwi NM d pbm end dfor the above se. You mint us a new t A&V
peodapplicabortlaimandbeginfln DaallI ll Pmoe m
mudding DePwUnent Official ftnature Application Received Appbrabon Denied
Denial Sent: If Faxed Phone NUmbed08e:
Plan Review Normll e
The following nWdVe is p vMW m (lather uph in the mmm for dual for the aWcobW
permit for the property hxkot9d on the reverse side:
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MOW To:
TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS
APPLICANT: SALEM FIVE CENTS SAVINGS BANK
OWNER: JOHN F. McGARRY, TRUSTEE OF PICO TRUST
PROPERTY: 530 TURNPIKE STREET
MEMORANDUM IN SUPPORT OF APPEAL OF BUILDING INSPECTOR'S
DETERMINATION
I. INTRODUCTION
Pursuant to Section 10.4 of the North Andover Zoning Bylaw and Section 8 of M.G.L.
c.40A, the Salem Five Cents Savings Bank, as a person aggrieved, is appealing the Building
Inspector's denial of the issuance of a sign permit since the denial issued by the Building
Inspector was incorrect, and should be annulled, so that a sign permit can be issued without any
requirement for a special permit or other zoning relief.
II. BACKGROUND
Salem Five Cents Savings Bank (the "Bank") is the sole tenant located in a 13,000+
square foot building (the "Salem Five Building") located on the premises known and numbered
as 530 Turnpike Street (the "Property"). The owner of the Property is John F. McGarry, as
Trustee of Pico Trust. The Property is located in the General Business ("GB") Zoning District.
The Property's use as a bank is permitted by right in the GB District. A Site Plan showing the
Property is attached as Exhibit A.
On or about May 25, 2004, the Bank had applied for and obtained a Sign Permit to allow
for the erection of a primary wall sign (of 35.69 square feet in size) which currently is located on
the front of the Salem Five Building (the "Primary Wall Sign"). An elevation drawing depicting
the existing Salem Five Building Primary Wall Sign and a copy of the approved Sign Permit are
attached as Exhibit B.
On or about November 5, 2004, the Bank, through its attorneys, applied for a second sign
permit to allow for the erection of one additional sign, which was smaller in size than the
Primary Wall Sign, to be attached to the east side of the building (the side of the building facing
Fuddrucker's as one faces the Salem Five Building from Route 114). A copy of the November
5, 2004 sign application, as well as copies of the proposed sign elevation depicted on a
"Secondary Sign Layout Elevation Drawing," and sign sketch depicted as "Secondary Sign
Sketch," are attached as Exhibit C.
On or about December 14, 2004, the Building Inspector issued a denial of the sign
permit. As the basis for denial, the Building Commissioner determined that the proposed sign
did not comply with the requirements of Section 6.6.D(1) of the Zoning Bylaws and that a
Special Permit was required to erect the sign. A copy of the Building Inspector's Denial is
attached as Exhibit D.
Appeal Memorandum -- ZBA/Salem Five Bank
III. BASIS FOR APPEAL
The Building Inspector's denial was incorrect, and should be annulled, because the
provisions of the Zoning Bylaw cited by the Building Inspector as the basis for the denial relate
solely to "Primary Wall and Roof Signs," and the type of sign applied for by the Bank (and
which was the subject of the denial) constitutes a "Secondary Sign" as defined under the Zoning
Bylaw which is allowed by right. The basis for the Bank's appeal is as follows.
1. Article 6 of the North Andover Zoning Bylaw describes the requirements for signs in all
Zoning Districts.
2. Section 6.6.1) of the Zoning Bylaw sets forth the requirements for signs in "Business and
Industrial Districts."
3. As the basis for denial, the Building Inspector cited to the language of Section 6.6.D.1. of
the Zoning Bylaw which provides as follows:
"Primary wall and roof signs attached to or part of the architectural design of a building
shall not exceed, in total area, more than ten percent (10%) of the area of the dimensional
elevation of the building as determined by the building frontage multiplied by the floor to
ceiling height of the individual business or as specified in applicable sections of the
bylaw."
4. Section 6.3.14 of the Zoning Bylaw defines "Primary Sign" as "the principal accessory
sign which may be a wall, roof, or ground sign as allowed in Section 6.6" (i.e.,
"Permitted Signs"). The sign which was approved pursuant to the May, 2004, sign
permit was a Primary Sign since it was the principal accessory sign on the Salem Five
Building.
5. However, the Zoning Bylaw expressly permits the erection of a Secondary Sign (in
addition to a Primary Sign) which is exactly what the Bank sought through its sign
application. Accordingly, the Building Inspector's denial incorrectly characterized the
sign applied for as a Primary Sign when the sign should have been characterized as a
"Secondary Sign." A Secondary Sign is defined under Section 6.3.17 ("Definitions") of
the Zoning Bylaw, and which "is a wall, roof, or ground sign intended for the same use
as a primary sign but has smaller dimensions and lettering as allowed in Section 6.6."
(emphasis added).
6. To this end, Section 6.6.D of the Zoning Bylaw specifically provides that "Each owner,
lessee, or tenant shall be allowed a primary and secondary sign." (emphasis added).
Accordingly, the Salem Five Building already contains one Primary Sign (as defined
under Section 6.3.14 —"Definitions" of the Zoning Bylaw) which was permitted as
described above in May, 2004 because it met the dimensional requirements established
under Section 6.6.D.1 of the Zoning Bylaw.
Appeal Memorandum -- ZBA/Salem Five Bank
7. The sign which is the subject of the denial, however, is clearly a Secondary Sign. Unlike
the specific dimensional requirements required for a Primary Sign described under
Section 6.6.D.1 above, a Secondary Sign is, by definition, permitted by right in a
Business District provided that it simply has smaller dimensions and lettering than the
Primary Sign. In this case, the proposed secondary sign (26.125" height x 186.229"
width, or 33.79 square feet) is 5% smaller than the existing primary sign current located
on the front wall of the Salem Five Building (32" height x 150" width, or 35.69 square
feet) which was approved in May, 2004.
8. Therefore, since the Building Inspector incorrectly characterized the proposed sign as a
Primary Sign when it should have been identified as a Secondary Sign, and since the
proposed Secondary Sign has smaller dimensions that the existing Primary Sign, no
zoning relief is required to approve the proposed sign and so a sign permit should be
issued by the Building Inspector.
Accordingly, for the reasons stated above, and others that will be presented at the hearing, the
Petitioner respectfully requests the Zoning Board of Appeals to annul the decision of the
Building Inspector as requested above, and allow the proposed secondary sign to be erected
without the need for a special permit or other zoning relief.
Respectfully submitted,
SALEM FIVE CENTS SAVINGS BANK
By its attorney,
6 -fin T. Smolak, Esq.
SMOLAK & VAUGHAN LLP
820 Turnpike Street, Suite 230
North Andover, Massachusetts 01845
(978) 327-5215
Appeal Memorandum -- ZBA/Salem Five Bank
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SECONDARY SIGN
SALEM FIVE NORTH ANDOVER SIGN SKETCH
186.229 in
SIZE: 186.229"w X 26.125"h
AREA OF SIGN: 186.229" x 26.125" =33.79 sq ft
Represents 5% less than the total square footage of existing sign at front of
building ( 35.69 sq ft.)
MATERIALS: 1/4" thick painted aluminum letters and graphics.
COLORS: SalemFive PMS 294C; Star & Swoosh PMS 130C
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning (
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning (
Town of North Andover
Abutters Ustinq
REQUIREMENT: MGL 40A, Section 11 states in part Tarttes in Interest as used in this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the nwst recent applicable
tax list, not withstanding 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.'
Subject Properttr
Page 1 of 2
MAP PARCEL Name Address
25 64 Pico Trust �c-�/o 30 Turnpike St. North Andover, MA 01845
Abutters Properties John Mc Garry 401 Andover St, North Andover, MA 01845
Map Parcel Name Address
25
1
25
2
25
45
25
46
25
47
25
48
25
49
25
12
25
79
25
35
25
11-U30&31&33
25
11-U32
25
11-U47A
25
11-U41A
25
11-U42A
25
11-43A&45A
25
11-U44A
25
11-U51A
25
11-U52
25
11-53A
25
11-054
25
11-U56
25
11-U55
25
71-U61&62
25
71-U64
25
71-U71A&71B
25
71-U72
25
71-U74
25
71-U74/76/77
25
71-U81
25
71-U83/85/82B
25
71-84
25
71-U86
25
71-U63A&B
25
71-U65A
25
71-U65B
25
71-U82A
25
71-U73
25
69-010/11
North Andover Crossroads \X61 Turnpike St. North Andover, MA 01845
Andrew Vannett 1J370 Turnpike St. North Andover, MA 01845
Laurence Hines L-479 Hillside Rd. North Andover, Ma 01845
Robert Kent 01.71 Hillside Rd. North Andover, MA 01845
William Scopa 061 Hillside Rd. North Andover, MA 01845
James Cirame i. -"l Hillside Rd. North Andover, MA 01845
Rohit Patel V137 Hillside Rd. North Andover, MA 01845
PLC Realty Trust 0100 Great Meadow RD. Wethersfield CN 06109-0493
Exective Quarters V100 Andover By -Pass, North Andover, MA 01845
AIMCO L,,�o Deloitte & Touche LLC 5550 LBJ Freeway, Box 28 Dallas TX 75240
Thomas Johnson V655 Turnpike St. U-31, North Andover, MA 01845
Ortho Realty Trust (%355 Turnpike St. U-32, North Andover, MA 01845
At Torrisi \;855 Turnpike St. U -47A, North Andover, MA 01845
Monemax RT v -,P- i k ✓1ry� 855 Tumpike St. U41A, North Andover, MA 01845
Tuner RT t/555 Turnpike St. U42A, North Andover, MA 01845
CAP RT y �� u ✓1555 Turnpike St. U43A, North Andover, MA 01845
Adventure RT x --"-"y555 Turnpike St. U44A, North Andover, MA 01845
William Bourassa r f A- U111 555 Turnpike St. U51A, North Andover; MAU1845 1-'X0-0
George Chaston 5 Turnpike St. U52, North Andover, MA 01845
Ernesto Lopez ,re 4 /t fie" 55 Turnpike St..U53A, North Andover, MA 01845 120 0_
PX Realty Trust - —555 Turnpike St, U54, North Andover, MA 0� 845 , )
Patti Richard j)15 Mayflower Ln, Haverhill MA 01833
Jean Abou-Ezzl-Q��"eF j.455 Turnpike St. U55, North Andover, MA 01845 I
Frank Firicano 1 65 Turnpike St. U61, North Andover, MA 01845
Louis Rissin V'Q-TU V� ``V1 e � 5 Tumpike St. U64, North Andover, MA 01845 ) - a 0 + Qj
Rahman Family Tr Y' �'T" kf V%.,6.5 Tumpike St. U71A, North Andover, MA 01845
Mark Delorenzo V65 Turnpike St. U72, North Andover, MA 01845
M&S Realty LLC N -ei�- t.( v V!665 Turnpike St. U74, North Andover, MA 01845
HMC Realty Tr X565 Turnpike St. U75, North Andover, MA 01845
Gary Goldstein V665 Turnpike St. U81, North Andover, MA 01845
Andover Pulmonary RT X65 Turnpike St. U83, North Andover, MA 01845
Electra Realty Trust \,565 Turnpike St. U84, North Andover, MA 01845
Barcole Realty Trust t -V r VS565 Turnpike St. U86, North Andover, MA 01845
Frank Coppola LlT3 Brady Loop, Andover, MA 01810
Mallard Realty Trust 0565 Turnpike St. U65A, North Andover, MA 01845
W&B Realty Trust Ce-ItM It v12 A20 Woodland Rd. Hampton, NH 03842
PGA Realty Tr %.Z65 Tumpike St. U82A, North Andover, MA 01845
Maryulin LLC V665 Turnpike St. U73, North Andover MA 01845
M&B Realty Trust X75 Turnpike St. U11, North Andover MA 01845
This certifies that the names appearing on the
records of the ssessors ffce as of
Certified Date /
MAP PARCEL Name
25 64 Pico Trust
Abutters Pronerdes
Page 2 of 2
Address
530 Turnpike St. North Andover, MA 01845
Go John Mc Garry 401 Andover St, North Andover, MA 01845
Mae
Parcel
Name
Address
25
69-U12
Royce Realty Trust
L-6715 Turnpike St. U12, North Andover, MA 01845
25
69-014/16/17
Kendall Spracklin
XA75 Turnpike St. U14, North Andover, MA 01845
25
69-U21
Teresa Burtoff
X575 Turnpike St. U21A, North Andover, MA 01845
25
69-U22A/24A
Michael Cogjian
Lj75 Turnpike St. U22A, North Andover, MA 01845
25
69-U23
Ja-Ton Realty Trust
L.833 Turnpike St. #241, North Andover, MA 01845
25
69-1-125A
Turnpike Realty Trust
L,.M Bradford St North Andover, MA 01845
25
69-U26/28A
Ober Family Trust
5C Main St Boxford MA 01921
25
69-027
P&Y Realty Trust
✓575 Turnpike St. U27, North Andover, MA 01845
25
69-U 15A
Franat Realty Trust
.1575 Turnpike St. U15A, North Andover, MA 01845
25
69-156
M&B Realty Trust
X575 Turnpike St. 0,156 North Andover, MA 01845
This certifies that the names appearing on the
records of the s ess Office as of
O
Certified by Date
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PAGE 4 of 4
9. WRITTEN DOCUMENTATION
Application for a Finding must be supported by a legibly
written or typed memorandum Ming forth in detail all
facts relied upon. Wren requesting a finding from the
requirements of MGIA ch. 40A, and the North Andover
Zoning By-laws, all dimensional requirements shall be
clearly identified and factually supported. Each point,
A -C individually, is required to be addressed with
this application_
A. The particular use proposed for the land or
structure.
B. Fact(s) retied upon to support a Finding that the
proposed extension or alteration shall not be more
substantially detrimental than the existing non-
conforming use.
C. Address all appropriate details of the Building
Commissioners denial.
10. PLAN OF LAND
Each application to 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 and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
appeals.
FINDING
*10 C. *Features To Be Included On Plan:
t) Site Orientation shall include:
1. north point
2_ zoning district (s)
3. names of streets
4. weaands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions, easements.
>n Legend & Graphic Aids:
1. Proposed features in solid lines & outlined in red
2. Existing feaixim 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. NCnor Projects
Minor projects, such as decks, sheds, and garages,
shall require only the plan information as indicated with
an. asterisks (7. In some cases further information may
be required
A set of building elevation plans by a Registered
Architect may be required when the application involves
11. APPLICATION FILING FEES
new construction/conversion/ and/or a proposed change
in Ilse.
A Notification fees: Applicant shall provide a
check or money order to: "Town of North Andover -
10 A. Major Projects
#022-1760-4841' for the cost of first dans, certified,
Major projects are those which involve one of the
return receipt ($4.42 as of November 2003) x # of all
parties in interest identified in MGLA ch. 40A §11 on the
following whether existing proposed:
abutter's list for the legal notice check Also, the
five more parking spaces,
ces,
applicant shall supply first class postage stamps
1
II ) threea (3) or more dwelling units,
(currently 370) x the # of parties of interest on the
Ill) 2000 square feet of building area.
mutter's list for the decision mailing.
Major Projects shall require that in addition to the 10B &
B. Mailing labels: Applicant shadl provide four (4)
C features, plans must show detailed utilities, soils, and
sets of mailing labels no larger than 1'x2-5/8' (3 copies
topographic information.
for the Legal mailing and one copy for the Decision
mailing).
*10. B. *Plan Specifications:
C. Administrative fee of $50.00 per application.
1) Size of plan: Ten (10 ) paper copies of a plan
not to exceed 11"x17", preferred scale of 1"=40'
Il) One (1) Mylar.
III) Plan prepared by a Registered Professional
Engineer and/or land Surveyor, with a block for
five (5) ZBA signatures and date indicated on the
Mylar.