HomeMy WebLinkAboutMiscellaneous - 701 SALEM STREET 4/30/2018 (5)a
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LEGAL NOTICE
TOWN OF
NORTH ANDOVER
OFFICE OF COMMUNITY
DEVELOPMENT AND
SERVICES
146 Main Street
North Andover,
Massachusetts 01845
Notice is hereby given
that the Board of
Appeals will hold a pub-
lic hearing at the Senior
Citizen's Center located
at the rear of Town Hall
Building, 120 Main
Street, North Andover,
MA on Tuesday the 8th
day of October 1996 at
7:30 o'clock P.M. to all
parties interested in the
appeal of J&M Realty
requesting a Variance
under Section 7, Para-
graph 7.3, Section 8.1,
Paragraph 7, and'Section
8.4, Paragraph 3, and
Table 2 of the Zoning
Bylaw as to permit vari-
ance relating to side set-
backs, driveway width, and
landscaping setback for
proposed Commercial
Development.
Saidpremise is located
at 710 Salem Street which
is in the GB Zoning Dis-
trict. Plans are available
for review at the Office of
Community Development
& Services, Town Hall
Annex, 146 Main Street.
By the Order of the
Board of Appeals
William J. Sullivan,
Chairman
E-T — Sept. 24, Oct. 1,
1996
Town of North Andover MORTH
OFFICE OF i?Oy
COMMUNITY DEVELOPMENT AND SERVICES °
146 Main Street
North Andover Massachusetts 4
� htt01845 79C H�Tio P t''(I
WILLIAM J. SCOTT
Director
Notice is hereby given that the Board of Appeals will hold a
public hearing at the Senior Citizen's Center located at the
rear of Town Hall Building, 120 Main Street, North Andover,
MA. on Tuesday the 8th day of October 1996 at 7:30
o'clock P.M. to all parties interested in the appeal of J&M
Realty requesting a Variance under Section 7,Paragraph 7.3,
Section 8.1, Paragraph 7, and Section 8.4, Paragraph 3, and
Table 2 of the Zoning Bylaw as to permit variance relating
to side setbacks, driveway width, and landscaping setback
for proposed Commercial Development. Said premise is located
at 701 Salem Street which is in the GB Zoning District.
Plans are available for review at the Office of Community
Development & Services, Town Hall Annex, 146 Main Street.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish Eagle Tribune 9.24.96 & 10.1.96
The applicant is responsible for
payment of the legal fee.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Post Road Center
60 Portland Rd., P.O. Box 1028
Kennebunk, ME 04043
Tel: 207-985-6561
Fax:207-985-2693
300 Essex Street
Lawrence, MA 01840
Tel: 508-686-0108
Fax: 508.663-8188
,....-vr-irvKI-H—ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
M -E -M -O -R -A -N -D -U -M
TO: Robert Nicetta, Building Commissioner
FROM: William J. Sullivan, Chairman, Zoning Board of Appeal
DATE: November 30, 1998
SUBJECT: J&M Plaza, 701 Salem Street
A site visit on December 28, 1998 to 701 Salem St., by myself, William J. Sullivan,
Chairman, and Walter F. Soule, Vice Chairman verified that conditions of the Zoning
Board of Appeals on petition 035-96, dated 10/21/96 indicates that the landscaping is
currently in compliance.
The petitioner's representative Mike Xenikas was notified on 12/23/98 that the Zoning
Bylaw section 8.4 for Screening and Landscaping Requirements for Off -Street, does
require that replacement of any plantings which fail to survive for any reason need to be
replaced.
N W701Salem
North Andover Planning Board
North Andover, Mass.
October 2, 1996
Mr. William Sullivan, Chairman
Board of Appeals
North Andover, MA 01845
RE: J&M Realty Trust
701 Salem Street
Dear Mr. Sullivan:
The applicant and his architech have appeared before the North Andover
Planning Board numerous times in the past few months for approval of plans
for a small shopping center at the above-cited address. They've been highly
responsive to the board's concerns and requirements. They've made many
changes to their original plans, mostly at our request, and now have a
project which the board thinks would be an asset to the community.
Therefore, the planning board wishes to endorse the applicant's request
for a variance. Any violation of zoning setbacks would be minor, at best.
Also, given the location and the shape of the lot, a variance would
certainly be in accord with the statutory requirements.
Thank you for your consideration.
ry truly yours4ll
,
*Joph Mahoney
r
JVM:tie
G5577
U%_'
joys NAC, HAW
TOWN QL�F�K,
NORTH A1�[�O��R
Received by Town Clerk: vEp I f 10 15 AM t
56
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant__ J&M Realty Trust Address_
_rept
North Andover MA 01845 Tel. No -.(508) 9 Mai n c+-3
h 82- 2-142
1. Application is hereby made:
a) For a variance from the requirements of Section 7
ong B
Paragraph 7.3 and Table 2 *of the Zin
*Section 8.1, Para. 7, and Section 8.4, Para 3.
Bylaws.
b) For a special Permit under Section
of the Zoning Bylaws. Paragraph
C) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2. a) Premises affected are land X
numbered and buildinc(s) X
701 Salem
Street.
b) Premises affected are property with frontage on the
North ( ) South (X) East ( ) West ( ) side of
SF) 1Pm Street.
Street, and known as No. 701 qAl
Street.
C) Premises affected are in Zoning District
Premises affected have an area of GB Gua `h`
and frontage of 189.76 4- �6 square feet *
feet.* 5,300 square feet**
117.00 feet**
* Land
**Building, as proposed.
Rev. 06.05.96
15
3. Ownership:
a) Name and address of owner (if joint ownership, sive all
names) :
Mathew Xenakis and John Xenakis, as Trustees of J&M
Realty Trust, 69 Main Street North Andover_ MA 01845
Country Corner
Date of Purchase 3/28/95 Previous Owner Realty -Trust
b) 1. If applicant is not owner, check his/her interest
in the premises:
Prosoective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit
required.
4. Size of proposed building: 117— front; 70 -eet deep;(max.)
Height 1 stories; 26-27 feet.
a) Approximate date of erection: November, 1996 (est.)
Convenience store; delicatessen
b) Occupancy or use of each floor: bank; dry ci eanPr; i�ideo renta D
c) Type of construction: wood -framed
5. Has there been a _previous appeal, under zoning, on these
premises? No _ if so, when?
6. Description of relief sought on this petition, Variances relating
to side setbacks; driveway width; and landscaping setbacks--.
7. Deed recorded in the Registry of Deeds in Book 4232 Page 257
Land Court Certificate No. Book Page
The principal points upon which I base my application_ are as
Z
ollows: (must be stated in detail)
See Exhibit A, attached hereto.
I agree to pay the filing fee, advertising in newspaper, and
incidental expenses*
Signature of Petit-loner(s)
6 of 8
Rev. 06.05.9E
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: GENERAL BUSINESS
Required Setback Existing Setback Relief
Requested
Lot Dimension
Area 25,000
42,086
None
Street Frontage
125
189.76
None
Front Setback
25
70
None
Landscaping Setback(s)
Abbott Street 6 ft
4 ft/2
}
ft
Salem Street 6 ft
2 ft
4 ,.ft�
(Section 8.4, Para 1)
Driveway Width 25 ft
17 ft
"8 ft
(Section 8.1, Para 7)
Special Permit Request:
Rev 06.03.96
None.
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: GENERAL BUSINESS
Required Setback
Lot Dimension
Area
Street Frontage
Existing Setback
Relief
Requested
Front Setback
S i d e Setback (s)
Abbott Street 25 ft 22 ft 3 ft JJJJ
Residential Side 40 ft 36 ft 4 f�
(Section 7, Para 7.3, Table 2)
Rear Setback
Special Permit Request:
Rev 06.03.96
7 of 8
I
EXHIBIT A
Petitioner seeks the variances described in this Petition
for the following reasons:
(1) the premises consist of an irregularly shaped lot which
presents unique conditions for the reasonable use of
the premises in a manner provided by the municipal
zoning requirements;
(2) the dimensional variances requested are minimal in
nature, and will not change the character of the zoning
district or endanger nearby properties with an
inconsistent land use;
(3) a literal enforcement of the Bylaws would involve a
substantial hardship, both financial and otherwise, in
that such enforcement would damage an otherwise
carefully drawn plan and proposed use of the premises;
and
(4) the variances can be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the Bylaws' purposes.
Lr
LIST OF PARTIES OF INTEREST PAGE
1 OF 2
SUBJECT PROPERTY
MAP PARCEL
NAME
ADDRESS
i
ABUTTERS
i
MAP PARCEL
NAME
;ADDRESS
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MASSACHUSETTS
BOARD OF APPEALS
Notice of Decision
Property: 701 Salem Street
J & M Realty Trust Date: 10/21/,96
701 Salem Street Petition: 035-96
North Andover MA 01845 Hearina: 10/8/96
The Board of Appeals held a regular meeting on Tuesday evening, October
8, 1996 upon the Variance application of J & M Realty Trust under
Section 7, Paragraph 7.3, relief on the side setback on Abbott St. of 3'
and the residential side of 4', Section 8.1, Paragraph 7, relief for
the driveway width of 8' and Section 8.4, Paragraph l relief of
landscaping setbacks on Abbott St. of 2' and on Salem St. of 4', Table 2
of the Zoning By Law.
The following members were present and voting: William Sullivan, John
Pallone, Raymond Vivenzio, Joseph Faris, and Ellen McIntyre,
The hearing was advertised in the North Andover Citizen on 9/24/96 &
10/1/96, all abutter were notified by regular mail.
Upon a motion by Raymond Vivenzio'and seconded by John Pallone. The
Board voted unanimously to Grant'Variance under Section 7, Paragraph
7.3, relief on the side setback on Abbott St. of 3.36' and the North
residential side of 3.95', Section 8.1, Paragraph 7, relief for the
driveway width of 8' and Section 8.4, Paragraph 1 relief of landscaping
setbacks on Abbott St. of 2' and on Salem St. of 4.951, Table 2 of the
Zoning By Law with the following conditions. (1) Landscaping at
intersections not to be a height as to obstruct drivers view on Salem
St. or on Abbott St., (2) Any changes from banking services in use or
location of the drive -up facilities provided to drivers in vehicles
shall require a Special Permit from the Zoning Board of Appeals. (3)
Appropriate signs shall be installed on the property to indicate traffic
pattern flow as finally approved by the Planning Board also to indicate
parking for compact cars on the premise. Voting in Favor: William
Sullivan, Raymond Vivenzio, John Pallone, Joseph Faris, and Ellen
McIntyre.
Final plans, when complete, must be submitted to the Zoning Board of
Appeals for signature.
The Board finds that the petitioner has satisfied the provisions of
Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of
these variances will not adversely affect the neighborhood or derogate
from the intent and purpose of the Zoning Bylaw.
��B��o��ard of Appeals,
William Sullivan, Chairman
OF tNORTH
s qH
32 5` OL
ANY APPEAL SHALL BE FILED
9SSACHU5Et
WITHIN (20) DAYS AFTER THE
DATE OF FILING THIS NOTICE IN
THE OFFICE OF THE TOWN CLERK.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice of Decision
Property: 701 Salem Street
J & M Realty Trust Date: 10/21/,96
701 Salem Street Petition: 035-96
North Andover MA 01845 Hearina: 10/8/96
The Board of Appeals held a regular meeting on Tuesday evening, October
8, 1996 upon the Variance application of J & M Realty Trust under
Section 7, Paragraph 7.3, relief on the side setback on Abbott St. of 3'
and the residential side of 4', Section 8.1, Paragraph 7, relief for
the driveway width of 8' and Section 8.4, Paragraph l relief of
landscaping setbacks on Abbott St. of 2' and on Salem St. of 4', Table 2
of the Zoning By Law.
The following members were present and voting: William Sullivan, John
Pallone, Raymond Vivenzio, Joseph Faris, and Ellen McIntyre,
The hearing was advertised in the North Andover Citizen on 9/24/96 &
10/1/96, all abutter were notified by regular mail.
Upon a motion by Raymond Vivenzio'and seconded by John Pallone. The
Board voted unanimously to Grant'Variance under Section 7, Paragraph
7.3, relief on the side setback on Abbott St. of 3.36' and the North
residential side of 3.95', Section 8.1, Paragraph 7, relief for the
driveway width of 8' and Section 8.4, Paragraph 1 relief of landscaping
setbacks on Abbott St. of 2' and on Salem St. of 4.951, Table 2 of the
Zoning By Law with the following conditions. (1) Landscaping at
intersections not to be a height as to obstruct drivers view on Salem
St. or on Abbott St., (2) Any changes from banking services in use or
location of the drive -up facilities provided to drivers in vehicles
shall require a Special Permit from the Zoning Board of Appeals. (3)
Appropriate signs shall be installed on the property to indicate traffic
pattern flow as finally approved by the Planning Board also to indicate
parking for compact cars on the premise. Voting in Favor: William
Sullivan, Raymond Vivenzio, John Pallone, Joseph Faris, and Ellen
McIntyre.
Final plans, when complete, must be submitted to the Zoning Board of
Appeals for signature.
The Board finds that the petitioner has satisfied the provisions of
Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of
these variances will not adversely affect the neighborhood or derogate
from the intent and purpose of the Zoning Bylaw.
��B��o��ard of Appeals,
William Sullivan, Chairman
ANY APPEAL SHALL BE FILED
WITHIN (20) DAYS AFTER THE
DATE OF FILING THIS NOTICE IN
THE OFFICE OF THE TOWN CLERK.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice of Decision
RE_0IEV'f.i':
�I ,YOEBRA cSHIAW
TOWN CLERK
N KTH ANDOVER
OCT Z Iw PN `96
rroperLy: iul -jalem jzreeu
J & M Realty Trust Date: 10/21/96
701 Salem Street Petition: 035-96
North Andover MA 01845 Hearing: 10/8/96
The Board of Appeals held a regular meeting on Tuesday evening, October
8, 1996 upon the Variance application of J & M Realty Trust under
Section 7, Paragraph 7.3, relief on the side setback on Abbott St. of 3'
and the residential side of 4', Section 8.1, Paragraph 7, relief for
the driveway width of 8' and Section 8.4, Paragraph 1 relief of
landscaping setbacks on Abbott St. of 2' and on Salem St. of 4', Table 2
of the Zoning By Law.
The following members were present and voting: William Sullivan, John
Pallone, Raymond Vivenzio, Joseph Faris, and Ellen McIntyre,
The hearing was advertised in the North Andover Citizen on 9/24/96 &
10/1/96, all abutter were notified by regular mail.
Upon a motion by Raymond Vivenzio and seconded by John Pallone. The
Board voted unanimously to Grant Variance under Section 7, Paragraph
7.3, relief on the side setback on Abbott St. of 3' and the residential
side of 41, Section 8.1, Paragraph 7, relief for the driveway width of
8' and Section 8.4, Paragraph 1 relief of landscaping setbacks on Abbott
St. of 2' and on Salem St. of 41, Table 2 of the Zoning By Law with the
following conditions. (1) Landscaping at intersections not to be a
height as to obstruct drive's view on Salem St. or on Abbot St., (2) Any
changes from banking services in use or location of the drive -up
facilities provided to driver's in vehicles shall require a Special
Permit from the Zoning Board of Appeals. (3) Appropriate signs shall be
installed on the property to indicate traffic pattern flow as finally
approved also to indicate parking for compact cars on the premise.
Voting in Favor: William Sullivan, Raymond Vivenzio, John Pallone,
Joseph Faris, and Ellen McIntyre.
The Board finds that the petitioner has satisfied the provisions of
Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of
these variances will not adversely affect the neighborhood or derogate
from the intent and purpose of the Zoning Bylaw.
Board of Appeals,
William Sullivan, Chairman 'A
1/f
MASSACHUSETTS
BOARD OF APPEALS
Notice of Decision
Property: -701 Salem Street
J & M Realty Trust Date: 10/21/.96
701 Salem Street Petition: 035-96
North Andover MA 01845 Hearina: 10/8/96
The Board of Appeals held_a regular meeting on Tuesday evening, October
8, 1996 upon the Variance application of J & M Realty Trust under
Section 7, Paragraph 7.3, relief on the side setback on Abbott St. of 3'
and the residential side of 4', Section 8.1, Paragraph 7, relief for
the driveway width of 8' and Section 8.4, Paragraph 1 relief of
landscaping setbacks on Abbott St. of 2' and on Salem St. of 4', Table 2
of the Zoning By Law.
The following members were present and voting: William Sullivan, John
Pallone, Raymond Vivenzio, Joseph Faris, and Ellen McIntyre,
The hearing was advertised in the North Andover Citizen on 9/24/96 &
10/1/96, all abutter were notified by regular mail.
Upon a motion by Raymond Vivenzio'and seconded by John Pallone. The
Board voted unanimously to Grant'Variance under Section 7, Paragraph
7.3, relief on the side setback on Abbott St. of 3.36' and the North
residential side of 3.95', Section 8.1, Paragraph 7, relief for the
driveway width of 8' and Section 8.4, Paragraph 1 relief of landscaping
setbacks on Abbott St. of 2' and on Salem St. of 4.95', Table 2 of the
Zoning By Law with the following conditions. (1) Landscaping at
intersections not to be a height as to obstruct drivers view on Salem
St. or on Abbott St., (2) Any changes from banking services in use or
location of the drive -up facilities provided to drivers in vehicles
shall require a Special Permit from the Zoning Board of Appeals. (3) -
Appropriate signs shall be installed on the property to indicate traffic
pattern flow as finally approved by the Planning Board also to indicate
parking for compact cars on the premise. Voting in Favor: William
Sullivan, Raymond Vivenzio, John Pallone, Joseph Faris, and Ellen
McIntyre.
Final plans, when complete, must be submitted to the Zoning Board of
Appeals for signature.
The Board finds that the petitioner has satisfied the provisions of
Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of
these variances will not adversely affect the neighborhood or derogate
from the intent and purpose of the Zoning Bylaw.
�Board of Appeals,
William Sullivan, Chairman
of tNORTH 9ti
0
t
# / r
ANY APPEAL SHALL BE FILED
WITHIN (20) DAYS AFTER THE
SSACHUSE
DATE OF FILING THIS NOTICE IN
THE OFFICE OF THE TOWN CLERK.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice of Decision
Property: -701 Salem Street
J & M Realty Trust Date: 10/21/.96
701 Salem Street Petition: 035-96
North Andover MA 01845 Hearina: 10/8/96
The Board of Appeals held_a regular meeting on Tuesday evening, October
8, 1996 upon the Variance application of J & M Realty Trust under
Section 7, Paragraph 7.3, relief on the side setback on Abbott St. of 3'
and the residential side of 4', Section 8.1, Paragraph 7, relief for
the driveway width of 8' and Section 8.4, Paragraph 1 relief of
landscaping setbacks on Abbott St. of 2' and on Salem St. of 4', Table 2
of the Zoning By Law.
The following members were present and voting: William Sullivan, John
Pallone, Raymond Vivenzio, Joseph Faris, and Ellen McIntyre,
The hearing was advertised in the North Andover Citizen on 9/24/96 &
10/1/96, all abutter were notified by regular mail.
Upon a motion by Raymond Vivenzio'and seconded by John Pallone. The
Board voted unanimously to Grant'Variance under Section 7, Paragraph
7.3, relief on the side setback on Abbott St. of 3.36' and the North
residential side of 3.95', Section 8.1, Paragraph 7, relief for the
driveway width of 8' and Section 8.4, Paragraph 1 relief of landscaping
setbacks on Abbott St. of 2' and on Salem St. of 4.95', Table 2 of the
Zoning By Law with the following conditions. (1) Landscaping at
intersections not to be a height as to obstruct drivers view on Salem
St. or on Abbott St., (2) Any changes from banking services in use or
location of the drive -up facilities provided to drivers in vehicles
shall require a Special Permit from the Zoning Board of Appeals. (3) -
Appropriate signs shall be installed on the property to indicate traffic
pattern flow as finally approved by the Planning Board also to indicate
parking for compact cars on the premise. Voting in Favor: William
Sullivan, Raymond Vivenzio, John Pallone, Joseph Faris, and Ellen
McIntyre.
Final plans, when complete, must be submitted to the Zoning Board of
Appeals for signature.
The Board finds that the petitioner has satisfied the provisions of
Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of
these variances will not adversely affect the neighborhood or derogate
from the intent and purpose of the Zoning Bylaw.
�Board of Appeals,
William Sullivan, Chairman
J&M Realty Trust
69 Main Street
No. Andover MA 01845
John & Nancy Crisostamo
695 Salem St
No. Andover Ma 01845
Jeanette Kelloway
687 Salem St
No. Andover MA 01845
Joseph & Virginia Uniejewski
37 Abbott St
No. Andover MA 01845
Joseph & Michele Sarcia
61 Abbott St
No. Andover MA 01845
Rudolph & Susan Jaworski
49 Abbott ST
No. Andover MA 01845
John & Sophie Kozdras
59 Summer St
No. Andover MA 01845
Roman Catholic Arch of Boston
196 Main St
No. Andover MA 01845
Timothy & Michele O'Brien
710 Salem St
No. Andover MA 01845
John.& Sophie Kozdras
i 59 Summer St
No. Andover MA 01845
J&M Realty Trust
69 Main Street
No. Andover MA 01845
John & Nancy Crisostamo
695 Salem St
No. Andover Ma 01845
Jeanette Kelloway
687 Salem St
No. Andover MA 01845
Joseph & Virginia Uniejewski
37 Abbott St
No. Andover MA 01845
Joseph & Michele Sarcia
61 Abbott St
No. Andover MA 01845
Rudolph & Susan Jaworski
49 Abbott ST
No. Andover MA 01845
John & Sophie Kozdras
59 Summer St
No. Andover MA 01845
Roman Catholic Arch of Boston
196 Main St
No. Andover MA 01845
Timothy & Michele O'Brien
710 Salem St
No. Andover MA 01845
John & Sophie Kozdras
59 Summer St
No. Andover MA 01845
N