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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Property: 785 Turnpike St.
Power Test Realty Co. Date: August 25, 1997
785 Turnpike St. Petition: 019-97—
North Andover MA 01845 Hearing Date: 8/12/97
The Board of Appeals held a regular meeting on Tuesday evening, August
12, 1997 upon the petition of Power Test Realty Co., requesting a
variance for relief of a front setback for the erection of a canopy at
a service station. Members voting: William Sullivan, Walter Soule,
Raymond Vivenzio, Robert Ford, Ellen McIntyre.
Upon a motion by Raymond Vivenzi seconded by Robert Ford to Grant a
variance for this petition for the relief of 45 feet for the front set
back for the installation of a canopy with the condition that there not
any advertisement signage upon the canopy, to be consistent with the
current bylaws. Also, that this variance was granted under Section'7,
Paragraph 7.3 of the bylaws and is noted as such. Voting in favor:
Walter Soule, Robert Ford, Raymond Vivenzio, Ellen McIntyre, opposed:
Bill Sullivan.
The hearing was advertised in the Lawrence Tribune on 7.29.97 and
8.4.97, all abutters were notified by regular mail.
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.
Note: The granting of the Variance and/or Special Permit as requested
by the applicant does not necessarily ensure the granting of a Building
permit as the applicant must abide by all applicable local, state and
federal building codes and regulations, prior to the issuance of a
building permit as required by the Building Commissioner.
BOARD OF APPEALS,
William Sullivan, Chairman
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��SSAtMuSEt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a
Public hearing at the Division of Public Works 384 Osgood
Street, North Andover MA. on Tuesday the 12th day of
August, 1997 at 7:30 o'clock P.M. to all parties interested
in the appeal of Power Test Realty Co. of 785 Turnpike St,
North Andover, MA requesting a variance from the
requirements of Section FN1.1, Paragraph 1, and Table 2
and of the Zoning Bylaws for relief of front setback to
install a canopy at a service station.
Said premise is located at 785 Turnpike Street, which is in
the (GB) Zoning District.
Plans are available for review at the Office of The Building
Dept., Town Hall Annex, 146 Main Street.
0
By the Order of the Board of Appeals
William J. Sullivan, Chairman
V TOWN OF
NORTH ANDOVER
Publish in the Eagle Tribune on 7.29.97 & 8.4.97 MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given
that the Board of
Appeals Will hold a pub-
lic 4earing at the Qlvi-
sion of Public Works, 384
Osgood Street, North
Andover, MA on Tuesday
the 12th day of August,
1987 at 7:30 o'clock P.M.
to all parties interested in
the appeal of Power Test
Realty Co. of 785 Turnpike
t St, North Andover, MA
requesting a variance from
the requirements- of Sec-
tion FN1.1, Paragraph 1,
and Table 2 and of the
Zoning Bylaws for relief of .
front setback to install a
canopy at a service sta-
tion.
Said premise is located
at 785 Turnpike Street,
which is in the (GB) Zoning
District.
Plans are available for
review at the Office of The
Building Dept., Town Hall
Annex, 146 Main Street.
By the Order of the
Board of Appeals
William J. Sullivan,
Chairma
E-T — July 29; August 5,
1997
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a
public hearing at the Division of Public Works, 384 Osgood
Street, North Andover, MA. on Tuesday the 12th day of
August, 1997 at 7:30 o'clock P.M. to all parties interested
in the appeal of Power Test Realty Co. of 785 Turnpike St,
North Andover, MA requesting a variance from the
requirements of Section FN1.1, Paragraph 1, and Table 2
and of the Zoning Bylaws for relief of front setback to
install a canopy at a service station.
Said premise is located at 785 Turnpike Street, which is in
the (GB) Zoning District.
Plans are available for review at the Office of The Building
Dept., Town Hall Annex, 146 Main Street.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish in the Eagle Tribune on 7.29.97 & 8.4.97
TOWN OF
NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given
that the Board of
Appeals will hold a pub-
lic hearing at the Divi-
sion of Public Works, 384
Osgood Street, North
Andover, MA on Tuesday
the 12th day of August,
1997 at 7:30 o'clock P.M.
to all parties interested in
the appeal of Power Test
Realty Co. of 785 Turnpike
St, North Andover, MA
requesting a variance from
the requirements, of Sec-
tion FN1.1, Paragraph 1,
and Table 2 and of the
Zoning Bylaws for relief of
front setback to install a
canopy at a service sta-
tion.
Said premise is located
at 785 Turnpike Street,
which is in the (GB) Zoning
District.
Plans are available for
review at the Office of The
Building Dept., Town Hall
Annex, 146 Main Street.
By the Order of the
Board of Appeals
William J. Sullivan,
Chairman
E -T — July 29; August 5,
1997
DOMENIC J. SCALISE
ATTORNEY AT LAW
89 MAIN STREET TELEPHONE (508) 682-4153
NORTH ANDOVER, MA 01845 FAx (508) 794-2088
ANORTHPOINT
REALTY DEVELOPMENT CORP.
August 12, 1997
William Sullivan, Chairman
North Andover Board of Appeals
Town Hall Annex
North Andover, MA 01845
RE: Application of Northpoint Realty Development, Corp.
for Relief from Zoning Ordinance
Filing Date: February 13, 1997
Property: 757 Turnpike Street, North Andover, MA
Petition No.: 0397
Dear Mr. Sullivan:
Concerning the above captioned petition this letter will confirm that at the request of the
petitioner, Northpoint Realty Development, Corp., the matter be continued to the next regularly
scheduled meeting of the Zoning Board.
Furthermore, the petitioner hereby waives the statutory requirement that a decision of the
Board shall be made within the one hundred (100) days after the date of filing of a petition (M.G.L.
Chapter 40 Section 15).
cc
Thank you for your assistance.
Very truly yours,
Northpo' t Realty Development, Corp.
Thomas D. Laudani
D. Hucid, Esq.
R. Levy, Esq.
L. Minicucci
I Sylvia
Real Estate Consultants • Land Planning and Development • Commercial Development
231 Sutton Street - Suite 1 A, North Andover, MA 01845 0 508-687-6200 9 FAX 508-682-6473
X50 YRS.
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NORTH ANDOVER FIRE DEPARTMENT
CENTRAL FIRE HEADQUARTERS
'` •:• •�� • '` 124 Main Street
North Andover, Mass. 01845
WILLIAM V. DOLAN
Chief of Department
To: Zoning Board of Appeals
From: Fire Chief William V. Dolan
Re: 785 Turnpike Street
Date: August 12, 1997
Tel. (508) 688-9593
Fax (508) 688-9594
Thank you for your correspondence regarding 785 Turnpike Street.
We have contacted the State Fire Marshal's office regarding our
jurisdiction with regard to the upgrade of the fire protection
systems relative to the installation of the canopy, is not
required.
If there were to be substantial changes in a conversion to a
self-service station; a total upgrade.of the fire protection
system would be required.
We appreciate your contacting us regarding this matter and if
there are any questions, please contact me.
William V. Dolan, Fire Chief
1921 - 75 YEARS OF SERVICE - 1996
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�9SS�CHUSEt�h
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
August 5, 1997
William Dolan, Fire Chief
Town of North Andover
124 Main Street
North Andover, MA 01845
Attention: William Dolan
Please be advised that an applicant by the name of Power Test
Realty Co., 785 Turnpike St., North Andover, is requesting a
variance to install a canopy on the premises of the service station
(to provide protection and convenience to the public).
On behalf of The Zoning Board of Appeals, I would like to know if
the North Andover Fire Department would require any special
conditions, or equipment, to be met to provide fire protection as
part of the conditions relative to discussing the applicants
request for a variance.
Please advise by return letter your response prior to the next
scheduled ZBA meeting to be held on August 12, 1997 at the DPW, on
Osgood Street.
Your concern in this matter is greatly appreciated.
Sincerely,
William J. Sullivan
Chairman,
Zoning Board of Appeals
/powertes
Received by Town Clerk:
JUL I4 f 04 PH 4
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Power Test Realty Co. Address 175 Sunnyside Blvd.,
Plainv.iew , NY Tel. No.(508) 682-2770
1. Application is hereby made:
a) For a variance from the requirements of Section FN1.1
Paragraph 1 and Table 2 of the Zoning Bylaws.
b) For a special Permit under Section Paragraph
of the Zoning Bylaws.
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 and building(s) x
numbered 785 Turnpike Street.
b) Premises affected are property with frontage on the
North ( ) South �< ) East ( )'Vest ( ) side of
Turnpike Street.
Street, and known as No. 785 Turnpike
Street.
c) Premises affected are in Zoning District GB , and the
premises affected have an area of 43,h1_9 square feet
and frontage of 251.25 feet.
is iio . U.S . 7b
5 of 8
3. Ownership:
a) Name and address of owner (if joint ownership, give all
name s) :
Power Test Realty Co., 175 Sunnyside Blvd., Plainview, NY
Texaco Refining &
Date of Purchase 2/1/85 Previous Owner Marketing Co.
b) 1. If applicant is not owner, check his/her interest
in the premises:
Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/ Special Permit
required.
4. Size of proposed building: 48' front 48' feet deep;
Height stories;
feet.
a) Approximate date of erection:
ASAP
b) Occupancy or use of each floor: service station
c) Type of construction: Block/concrete/non-flammable material/:
steel
5. Has there been a previous appeal,"under zoning, on these
premises? no If so, when?
6. Description of relief sought on this petition Variance for
canopy not having required setback.
7. Deed recorded in the Registry of Deeds in Book1949 Page 116
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
Conditions especially affecting the property and structures necessitate
the need for a variance to install the requested canopy. The criteria
under M.G.L. c. 40A, s. 10 have been met. Said canopy will provide
protection and convenience to the public.
I agree to pay the filing fee, advertising in newspaper, and
incidental expenses*
PetecQui an
Attyr �for Petitioner
kev. 06.u3.z�0
ature of Petitioner()
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: General Business
Required Setback Existing Setback Relief
or Area or Area Requested
Lot Dimension
Area
Street Frontage
Front Setback a" y� /
100' 55' Variance
Side Setback (s)
Rear Setback
Special Permit Request:
xev 06.0-5 . y,6
7 of 8
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY..'
......... . .
ABU-TTERSj.,.l.!...:
MAP IPARCEL LOT
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Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT
Director
Memorandum
To: Robert Nicetta, Building Inspector
From: Kathleen Bradley Colwell, Town Planner.
Date: April 28, 1997
Re: 785 Turnpike Street - Getty Service Station
I met with Atty. Peter J. McQuillan this morning to review the proposed work at the Getty
Station located at 785 Turnpike Street. The owners of the station plan to install a canopy over
the gas tanks and to remove two tanks. In my opinion, these changes do not require site plan
review under Section 8.3 of the Zoning Bylaw as there will not be any new construction which
either creates a new building or adds to an existing building. Furthermore, the addition of a
canopy and the removal of tanks do not constitute a "site improvement" which would contain new
processes, create a nuisance, change traffic circulation or affect storm water management.
Therefore, in my opinion, the proposed changes will not require site plan review approval.
cc. W. Scott, Dir. CD&S
Atty. P. McQuillan
BOARD OF APPRAT c 688-9541 BUILDING 688-9545 CONSERVATION 688-9910 HEALTH 68R-0541) PLANNING 688-9535
WILLIAM J. SCOTT
Director
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover, Massachusetts 01845
Memorandum
To: Robert Nicetta, Building Inspector
From: Kathleen Bradley Colwell, Town Planner
Date: April 28, 1997
Re: 785 Turnpike Street - Getty Service Station
I met with Atty. Peter J. McQuillan this morning to review the proposed work at the Getty
Station located at 785 Turnpike Street. The owners of the station plan to install a canopy over
the gas tanks and to remove two tanks. In m opinion, these changes Y g s do not require site plan
review under Section 8.3 of the Zoning Bylaw as there will not be any new construction which
either creates a new building or adds to an existing building. Furthermore, the addition of a
canopy and the removal of tanks do not constitute a "site improvement" which would contain new
processes, create a nuisance, change traffic circulation or affect storm water manag9ment.
Therefore, in my opinion, the proposed changes will not require site plan review 4pproval.
A
cc. W. Scott, Dir. CD&S
Atty. P. McQuillan
BOARD OF pPPRAT C 688-9541 BUILDING 688-9545 CONSERVATION 688-910 HEALTH 68$-4541) PLANNING 688-9533
E
J.K. Realty Trust
757 Turnpike St.
No. Andover, MA 01845
Turnpike Nominee Realty
Trust
c/o NOrthpoint Realty
231 Sutton St.
North Andover, MA 01845
Magnum Realty Trust
c/o WHBB Real Estate Lim.
100 Crescent Ct. #1000
Dallas, Texas 75201
Willows Condo. Assoc.
c/o Assoc. Condo Corp.
865 Turnpike St.
No. Andover, MA 01845
mA.
r
BOARD OF APPEALS
August 5, 1997
William Dolan, Fire Chief
Town of North Andover
124 Main Street
North Andover, MA 01845
Attention: William Dolan
Please be advised that an applicant by the name of Power Test
Realty Co., 785 Turnpike St., North Andover, is requesting a
variance to install a canopy on the premises of the service station
(to provide protection and convenience to the public).
On behalf of The Zoning Board of Appeals, I would like to know if
the North Andover Fire Department would require any special
conditions, or equipment, to be met to provide fire protection as
part of the conditions relative to discussing the applicants
request for a variance.
Please advise by return letter your response prior to the next
scheduled ZBA meeting to be held on August 12, 1997 at the DPW, on
Osgood Street.
Your concern in this matter is greatly appreciated.
/powertes
Sincerely,
William J. Sullivan
Chairman, (060
�
Zoning Board of Appeals
A
�v
�9SSACHUS EI
V '
TOWN OF NORTH ANDOVER
J�
MASSACHUSETTS
v
BOARD OF APPEALS
August 5, 1997
William Dolan, Fire Chief
Town of North Andover
124 Main Street
North Andover, MA 01845
Attention: William Dolan
Please be advised that an applicant by the name of Power Test
Realty Co., 785 Turnpike St., North Andover, is requesting a
variance to install a canopy on the premises of the service station
(to provide protection and convenience to the public).
On behalf of The Zoning Board of Appeals, I would like to know if
the North Andover Fire Department would require any special
conditions, or equipment, to be met to provide fire protection as
part of the conditions relative to discussing the applicants
request for a variance.
Please advise by return letter your response prior to the next
scheduled ZBA meeting to be held on August 12, 1997 at the DPW, on
Osgood Street.
Your concern in this matter is greatly appreciated.
/powertes
Sincerely,
William J. Sullivan
Chairman, (060
�
Zoning Board of Appeals
• 35o YRS.
r4ORT `
b� OF Y e D qt �i9
L
WILLIAM V. DOLAN
Chief of Department
,1
NORTH ANDOVER FIRE DEPARTMENT
CENTRAL FIRE HEADQUARTERS
124 Main Street
North Andover, Mass. 01845
To: Zoning Board of Appeals
From:' Fire Chief William V. Dolan
Re: 785 Turnpike Street
Date: August 12, 1997
Tel. (508) 688-9593
Fax (508) 688-9594
Thank you for your correspondence regarding 785 Turnpike Street.
We have contacted the State Fire Marshal's office regarding our
jurisdiction with regard to the upgrade of the fire protection
systems relative to the installation of the canopy, is not
required.
If there were to be substantial changes in a conversion to a
self-service station; a total upgrade of the fire protection
system would be required.
We appreciate your contacting us regarding this matter and if
there are any questions, please contact me.
William V. Dolan, Fire Chief
1921 - 75 YEARS OF SERVICE - 1996