HomeMy WebLinkAboutMiscellaneous - 95 MAIN STREET 4/30/2018 (4)7
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,SSACHUstt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
December 24, 1984
Notice is hereby given that the BOARD OF APPEALS ,wi l l give a
hearing at the Town Building, North And,over,'on Monday evening;
the 14th day of January, 1985 at 7:30 p.m.'to'all parties interested
in the appeal of MAUREEN J. JOYCE requesting a !ariation of Section
7, Paragraph 7.3 to allow the addition of one r,tail store and a
Special Permit under Section 9,,Par.ag,raph 9.2 o the Zoning By
M
Law to allow the extension of a legally existinj non conforming
structure on premises located on the West site :f Main Street
known as 95 Main Street.
By,Order of the Board of Appeals
By: Frank Serio, Jr., Chairman
Publish: Citizen: December 27Aand January 3, 1985
Send bill to: Maureen Joyce
95 Main St.
No. Andover, Mass.
Legal Noy tics
TO'A%OF .
NORTH ANDOVER
BOARD OF APPEALS
NOTICE'
December 24, 1984
Notice Is hereby given that the
Board of Appeals will give a
hearing at the Town Building,
Nath Andover, on Monday
evening, the 14th day of
January, 1985, at 7Z o'clock,
to all Wies interested in the ap-
peal of MAUREEN J. JOYCE re-
questing a variation of8ection 7,
Paragrah 7.3 to allow the addi-
tion of one retail store and a
Special Permit under Section 9,
Paragraph 9.2 of the Zoning By
Law to allow the extension of a
legally existing non conforming
structure . on the premises,
located on the West side of Main
Street known as 95 Main Street.
By Order of the Board of Ap-
peals.
Frank Serio, Jr.
Chairman
Publish N.A. Citizen: December
27, 1984 and January 3,
1985 c26
t
NG °
DANIEL LO
e O•
TOWtj LL�� �4. 1835 ;q •
NOP?.1 jitf_'•OYcR ';ssgCNu5``�; r .
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SAN 56 AIN TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing of this Notice
in the Office of. the Town
Clerk.
Date 0.4 n u.a ry..2 4., . 1,985, .
Petition No... 4.-:1.8.5 ............ .
Date of Hearing ... J.a n u,q r y..14, , . 19 85
Petition of .... .14 A.U. REE (4 J O.Y.C. E
...................................... ......................
Premises affected9 5 '..la i n Street .
................................................ ......................
Referring to the above petition for a variation from the requirements A the . Z on . n 9. P.Y. .L a w
Secti on .., Par. .7..3 and. T.ab.l.e..2 , and a. Spec.i a' Pc -mi t under Section 9,
Paragraph 9.2
so as to permit relief .fr.o.m..the. .re.ar..s.et.bac.k r.equ,i. gmen.t, a,nd, ,the...
extensi on, of..a..non. .co.nfo.rmi,ng. ,s.tr,uct.ure.. .... .
. .........................
After a public hearing given on the above date, the Board of Appeals voted to .. G. r an. t ... the
v a r i x n. c e. . & S p e c. i s 1.. P e r m i .t .. and hereby authorize the Building Inspector to issue a
permit to construct..a. two. .st.ory..ad.di.0.on.............................. :........
for the construction of the above work, based upon the following conditions:
(see attached)
Signed
Frank Seri.o,,.Jr,. ,.Chairman
..................
1A1 f.red..C..,Fr.i.ze' 1,e.,..Es.q..,..Ui.ce..Chairman
Wi1.1,i.am..J....S.-.11.', ,an ................
W 1 t.e r.. F .,..S o u.1 e .. .................
'Tauri c.e . S. F.oul.ds.................
Board of Appeals
0
Maureen Joyce
Petition No. 4-'$5
DA I - , CO
NOR ;Y f c E 8 X
29
Conditions of Approval: gs
1. That the addition, be reduced from 23 feet to 20 feet, providing
.a 15 foot passageway.
2. .That the plans be revised to reflect the Foove revision and sub-
mitted to the Board for approval.
3. That the second floor be used for storage inly.
4. That the roof be a mansard roof and sh4.g; d with asbestos shingles.
5. Any necessary adjustments to the ventilation ducts on Val's
Restaurant shall be made by the petitioner.
Ar
"'A'•��' L. 1�li0
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TCV, c
JAN 29 1156 f,M'85
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
"1r. Daniel Long, Town Clerk
120 Main Street
North Andover. ;lass. 01845
Dear Mr. Long:
Any appeal shall be filed
within (20) days after the
late of filing of this Notice
in the Office of the Town
-Jerk. ..
January 24, 1985
Jo ce, Maureen,
95 Main Street
Pe, ition No. 4-'85
The Board of Appeals held a public hearing on tti,,day evening,
January 14, 1985 upon the application of flau,reen.uoyce. The
hearing was advertised in the North Andover Citi -en on December
27, 1904 and January 3, 1985 and all abutters were notified by
regular mail. The following members were present and voting:
Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice -Chair-
man; William J. Sullivan; and Associate Members Walter F. Soule
and Maurice S. Foul ds.
The petitioner seeks a variance from Section 7, Paragraph.7.3 and
Table 2 of the Zoning By Law to permit relie-f from the rear set-
back requirement and a Special Perm it under Section 9, Paragraph
9.2 of the Zoning By Law to allow the extension of a legally non-
conforming structure, both to allow the addition of a retail store,
on premises located on the West side of Main Street known as 95
i'lai n Street.
Counsel for the petitioner testified that the p�oposal represents
a request to construct an addition to the exist ng building, re-
sulting in the addition of one retail establish:ent. The proposed
addition will be reduced by three feet and the ,Jan willbe revised
to reflect this revision. This change is to ac ommodate the Fire
Chief's request for a fifteen foot passagewa,, t, allow access by
emergency vehicles. He further testified th c "he parking requirement
may be reduced by 50%, since the parcel is wlthi.. 350 feet of a
municipal parking lot, which is allowed under Section 8 of the Zoning
By Law.
-Ie added that the existing structure is non -conforming because it
doas not comply with the setback requirements. The variance is
needed from the rear setback requirement and the Special Permit is
Maureen Joyce
95 Main Street
Petition No. 4-185
January 24, 1985
Page 2
O� v r 6 G
HQ
,; ,: K
JAN18
g A 85
needed to extend the use of the non -conforming structure with re-
spect to front and side setbacks and lot coverage. The proposed
use of the addition is retail with storage on the second floor.
No opposition was voiced.
The Board took the petition under advisement and rendered a decision
at a special meeting held on Tuesday evening, January 22, 1985 with
"iembers Serio, Frizelle, Sullivan, Soule and Foulds again present
and voting.
Upon a motion made by Mr. Frizelle and seconded by Mr. Foulds, the
Board voted four to one, with Member Sullivan z -)staining, to grant
the variance and Special Permit subject to the �-ollowing conditions:
1. That the addition be reduced from 23 feet t) 20 feet, providing
a 15 foot passageway.
2. That the plans be revised to reflect the abov- revision and sub-
mitted to the Board for approval.
3. That the second floor be used for storage only.
4. That the roof be a mansard roof and shingled with asbestos shingles.
5. Any necessary adjustments to the ventilation ducts on Val's Rest-
aurant shall be made by the petitioner.
In granting the variance, the Board finds that Section 10.4 of the
Zoning By Law has been satisfied. Specifically, the Board finds that
due to the shape and size of the parcel, the addition cannot be
placed elsewhere on the lot, which creates a hardship to the petitioner
as required in Section 10.4 of the Zoning By Li.d. Further, the Board
finds that desirable relief may be granted withjut creating a detri-
ment'to the neighborhood or public good.
In granting the Special Permit, the Board finds that Section 10.31
of the Zoning By Law has been satisfied. In pa,ticular, the Board
finds the following:
a) The specific site, being a structure in Gr -.neral Business (GB)
zoning district located in North Andover•s ,.,)wntown area, is an
appropriate location for the addition of a re"ail establishment.
b) The use as developed will not adversely affect the neighborhood,
since the neighborhood consists of businesses, professional offices,
restaurants, municipal. buildings, and other uses customarily found
in the GB zoning district and in North Andover's downtown district.
o C fG
T oW,V� , aA+
95uMai n Street n Joyce NORTHAG, � RE,
Peti ti on No. 4-' 85
January 24, 1985 `fAN19
Page 3
c) There will be no nuisance or serious hazard to vehicles or
'pedestrians, since the addition of one retail establishment
will not add considerably to existing vehicular or pedestrian
traffic on Main Street.
d) Adequate and appropriate facilities in the form of municipal
services as well as access for emergency vehicles, ample off-
street parking in the municipal parking lot located behind the
Town Nall, on -street parking on Main or Fir.t Streets will be
provided.
e) The use, being a retail establishment in Nolth Andover's down-
town, is in harmony with the general purposf and intent of the
town's Zoning By Law.
j
(plan to follow)
Sii cerely,
BOA'p OF APPEALS
Frank Serio, Jr.,
Chairman.
06
R e c e 1 v :d . ,� ToY4i, Cl E: 61 -
Da t e
1 -Date RECEIVED JOW,i OF dORTH ANDOVER, MASSACHUaETTS �;
TO CLERK [BOARD OF APPEALS
Time:' �Et R dKDOVER
Notice:: This appl i cation must be typewritten
PL
APAO)1*RA'Rf
MME'LIEF FROM THE REQUIRE14ENTS OF THE ZONING ORDINANCE
Applicant Maureen J. Joyce Address 95 Main Street, North Ando -tier, MI
1. Application is hereby made
(a) For a variance from the requirements of Section 7 Paragraph? -3
and Table of the Zoning By -Laws. RearSetbaccT--
(b) For a Special Permit under Section 9 Paragraph 9.2 of the
Zoning By -Laws. Extension of legally existing non conforiming structure in lot
coverage, side sets and rear sets
2.
(a)
Premises affected are land x and building(s) x numbered'
95 Main Street.
(b)
Premises affected are property with frontage on the North ( )
South ( ) East ( ) West ( x) side of Main Streat
Street, and known as No. 93 Main Street.
(c)
Premises affected are in Zoning District G.B. and the premises
affected have an area of 3593 square feet and frontage of
33.33 square feet.
3.
Ownership
(a)
Wame and address of owner (if joint ownership, give all names):
Maureen J • Joyce 95 Main Street, North Andover, MA 01845
Date of purchase 12/15/82 Previous Owner J.Y. Realty Trust
(b)
YV1WV0AAHd9t11i/a 1A1b1 /b�✓n'e� /,//dak�i(sl/� k//i/ tir,�r/e� //i��f//tlr��/�ddd�if�/e'�f.
Lwd i AYt'WrIl f 1wvV i Ally
4.
Size
of proposed building: 21' front; 34' feet deep;
Height:
21/2 stories; 20r- feet.
Approximate date of erection: Spring 1985
�a)
b)
Occupancy or use of each floor:
1st floor retail, second floor storage for retai
(c)
Type of construction: wood frame
5.
Size
of existing building: 26' feet front; 50' feet deep;
Height:
21/2 stories; 30' feet.
(a)
Approximate date of election: 1880
(b)
Occupancy or use of each floor:
retail /office /residential
(c)
Type of construction: wood frame
6.
Has
there been a previous appeal, under zoning, on these premises?
If so
, when? 1981: re-establish lot lines. Plan no. 8646
7.
Description
of relief sought on this petition Special Permit on front, side sets
and
lot coverage plus variance for rear se-, to allow the addition of one retail store.
8. Deed recorded in the Registry of Deeds in Book 1628 Page 31.6 or
L��/Aiq'X`//�'YJ�/�i',�,/�/
The principal points upon which I' base my application -are as follows:
(Must be stated in detail)
�1_, Establish the street line i
2_. _Provide additional downtown retail space
3. Block site line to a restaunrint service entrance
4. Maintains existing parking facilities'
I agree to pay for advertising in newspaper and incidental expenses*
,U. ,- —
Petitioner's Signature
Sec. 1 APPLICATION FORM -
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 in-
formation 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 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 the amount of $25.00. In addition, the petitioner shall be respon-
sible for any and all costs involved in bringing thi: petition before
the Board. Such costs shall include mailing and publication, but
are not necessarily limited to these.
LIST OF PARTIES IN I14TEREST
Name
.� 1. San Lau Realty ,c/o Messina's Market
2. Atlantic Realty Trust
3. Joseph R. & Theresa Vaillancourt
4. Paul De Dogloa
5. Thomas F. & Patricia A. McCarty
6. Red Squire Realty Trust c/o Walter Green
;n 7. Mansour & Carmelina Shahean
Address
109 Main Street,
North Andover, MA
01845
89 Main Street,
North Andover, MA
01845
91 1/2 Main Street, North Andover, MA 01845
15 First Street,
North Andover, MA
01845
17-19 First Street,
North Andover, MA 01845
136 Heath RoaJ,
North Andover, MA
01845
16 Sutton Place,
North Andover, MA
01845
(_11 )�Oa� Lal
v
r
b'
(Use -additional sheets if necessary)
WILLIAM V. DOLAN
Chief of Department
NORTH ANDOVER FIRE DEPARTMENT
CENTRAL FIRE HEADQUARTERS
124 Main Street
North Andover, Mass. 01845
Tel. (617) 686-3812
Date: January 14, 1985
To: Mr. Frank Serio, Chairman
N. Andover Board of Appeals
From: Chief Dolan
Re: Application for Variance Plan of Land for Maureen Joyce
I met with Mr. Ralph Joyce today January 14 at the site
of the proposed addition to his building at 95 Main Street.
Mr. Joyce has agreed to decrease the size of the addition
from 23' to 20'. Allowing us 15' passageway between the two
buildings. He has also agreed to a Mansard roof which is to
be shingled with asbestos shingles and to make any necessary
adjustments to the ventilation ducts on Val' Restaurant.
I plan on attending the selectmen's meeting this evening
at 7:30 and can be reached there if any further comments are
necessary.
William V.
"SMOKE DETECTORS SAVE LIVES"
Dolan, Chief