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Home My WebLink About2012-03-20 Planning Board Supplemental Materials (111) Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chnimmi Mien P.McIntyre, Girt-Chainna;, Richard J.Byers,Esq.Clrk ®ENo D7 0 9Ho ZOV1 FES } # Ri i '; `}"• ,Joseph D.LaGrasse s,.., fie' c v U Richard M.Vaillancourt Assodats Men.bm X. . Thomas D.Ippolito ;. Daniel S.Braese,Esq. Ery'^oaaq �ep•� 5 �'`t�Michael P.Uporto �SSgC1;u5e4't r Tonin Clerk Time Stamp Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2009 ofthis notice hl the office of the Town Clerk,per Mass.Gen.L. ch. 40A,§17 Property at: 24 Main Street NAME: Rear Lot LLC HEARING(S)t December 9,2008,January 13,& February 10,2009 ADDRESS: 24 Main Street PETITION: 2008-014 North Andover,MA 01845 TYPING DATE: February 13,2001) The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hail top floor Illmliug room, 120 Maiu Street North Andover,MA on Tuesday,February 10,2009 at 7:30 PM upon the application of Rem-Lot LLC,24 Allain Street(Map 28, Parcel 14),North Andover, MA requesting dimensional Variances from Section 7,Paragraph(s)7.1,7.2,7.3,&7.6 and Table 2 of the Zoning Bylaw for relief of lot area, street frontage,side sclback,and floor area ratio in order to construct a new commercial stractnre on a pre-existing, non-conforming lot. Said premise affected is property with frontage on Ore East side of Maur Street within the 1-S zoning district. Legal notices were seat to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper ofgeneral circulation in the Town of Nortn Andover,oil November 24&December L 2008. The following voting members were present: Ellen P.McIntire,Joseph D.LaGrasse,Richard J.Byers.Richard M. Vaillanooun,acrd Duriel S.Braese. The followingnon-votiugmembers were present: Thomas D. Ippolito and Michael P. Liporto. Upon a motion by Joseph D.LaGrasse and 2"'by Darnel S.Braese,the Board voted to GRANT a dimensional Variance from Section 7.Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief of 25.088 square feet from the requirements for Lot Area: Upon it motion by Joseph D.LaGrasse and 2°s by Richard M,Vaillanconrt,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.2 and Table 2 of Ore Zoning Bylaw for relief of 150'from the requirements for Street Fronlage; Upon a motion by Joseph D.LaGrasse and 2nd by Richard NI.Vaillanconrt,the Board voted to GRANT n dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 6.2'front the left side setback:and Upon u motion by Joseph D.LaGrasse and 2"'by Daniel S.Braese,the Board voted to GRANT a dimensional Variance from Section 7-Paragraph 7.6 and Table 2 of the Zoning Bylaw for relief of 0.23:1 from the requirements for Floor Arco Ratio in order to construct a proposed new self-storage warehouse per: Site: 24 Main Street(Map 28,Parcel 14),North Andover,MA 10845 Site Plan Title: Proposed Development Plan, Main Street, Nortb Andover, MA.Assessors Map 28, Lot 14,prepared for Rear Lot,LLC,24 Main Street,North Andover, MA Date(&Revised Dates); November 25,2008,revised 12-09-08, 1-08-09 Registered Profcssioaal David Alves,#45454,New ERgiatid Eugineeriug Services,lac., 1600 Osgood Lund Surveyor: Street,Building 20,Suite 2-64,North Andover, MA 01845 S1neeVID awing: Sheet#1 of 1,file#156212-09-08 Page I of 3 1600 Osgood Street,Building 20-Shiite 2-36,North Andover,Massachusetts 01845 ' Phone-978-688-9541 Fax-978-688-9542 Web-wrrmctownofnortliandover.conh Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq,Chaiman Ellen P.McIntyre, Vane-Chalrnran Richard j.Byers,Esq.Clerk Q front r q Joseph D.LaGrasse 2®�,�.men *..°bti o Richard M.Vaillancourt =- m Asrodare Members Thomas D.Ippolito x Daniel S Braese,Esq. Michael P. Uporto CHus�S4 Town Clerk Time Stamp With the following conditions: 1• Variance 2008-014 shall be contingent on a Planning Board Site Plan Review Special Permit with the accompanying signed Site Pian,and the Conservation Commission Order of Conditions with the accompanying signed Site Plan being gr,auted to Item•Lot,LLC for Map 28,Parcel 14 and copies of the decisions and Site Plans being filed with the Zoning Board of Appeals. 2. The final Site Plan as revised to incorporate the Planning Board Site Plan Review's snow storage, landscaping,fencing,lighthig,buffering,etc,shalt be submitted to the Zoning Board of Appeals file before a building permit may be issued in order to protect the health,safety,convenience and general welfare of the inhabitants of the Town by providing for it Mvicry of plans for uses and structures which may have sigttllicant impacts,both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic. Voting in favor: Ellen P.Mclntyre,Joseph D.LaGmsse,Richard J.Byers,Richard M.Vaillmucourt.and Daniel S. Braese. The Board finds that owing to circumstances relating to the shape and topography of the land, especially affecting this Map 28, Parcel 14.but not affecting generally the Industrial S zoning district in which it is located, a literal enforcement of the provisions of Section 7,Paragraphs 7.1,7.2,7.3,and 7.6&Table 2 and Section 10,Paragraph 10-4 would involve substantial hardship, financial or otherwise,to the petitioner. Tito Board finds that approNimately half of the land lies within tine 100'Buffer Zone from Sutton Pond, The Board finds that three abutters. Dotatcr Brothers Landscaping,Joe-855 Realty Trust,and Tripnorth Realty,LLC ttirole letters of support. While photographic and spoken opposition front the residential abutters was presented to the Board,Ole Board finds that the abutter concerns for increased traffic and big box appearance of the proposed self-storage warehouse may be addressed with appropriate hours of operation,structural design,and landscape buffering. The Board finds that the applicant reduced the height of the proposed self-storage warehouse from 45'.the ntaxhnum I-S height being 55';to 35'as stated on the revised I-08-09 Development Plan. TheBoard finds that Oe applicant's engineer.Benjamin Osgood,Jr.'s letter of Febraan'3,2009,addresses Board and residential abutter concerns about fire truck turning radii,mini warehouse traffic volume,audinitu warehouse fapade choices. The Board finds that desirable relief may be granted without substuntial detriment to Ute public good and without nullifying or substantially derogating from Ute intent or purpose of the North Andover Bylaw. Note: L This decision shall not be in effect lentil a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at tine applicant's expense. 2.The granting of tile Variance and/or Special Permit as requested by the applicant does not necessarily eusure lite granting of building permit as the applicant must abide by all applicable local.state,avid federal building codes and regulations,prior to the issuance of a building penuit as required by the inspector of Buildings. Page 2 of 3 1600 Osgood Street,Building 20-Suite 2-36;North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-wwrUoniofnord andover.com Town of North Andover ZONING BOARD OF APPEALS Albert P.Mawd IN,Esq.Cbainwo Ellen P.McIntyre, Vire-Cbrrimra,, Richard J.Byers,Esq,Clerk F QXORTI, Joseph D.LaGrasse .p o hett". .'�y0 . Richard M.Vaalancourt "Oft Assadwe M€mbers _ T� Thomas D. Ippolito a "z d" s Daniel S.Braese,Esq. _• _ u Michael P.Liport° �aSswcrsusE4�e Town Clerk Time Stamp Furthermore,ifthe rights authorized by the Variance are not exercised within one(1)year of the date of the grant. it shall lapse,and may bore-established only after notice, and anew hearing. Furthennore,if a Special Perruit granted under the provisions contained herein shall be deeaned to have lapsed after it hvo(2)year period from the date on which the Special Penuit was granted miles substantial use or colnstraction has commenced,it shall lapse and only be ro-estublished only after notice,and a newzzv hearin North Audovcr Zoning Board of Appeals Ellen P.Mclutyre, Yice Chairman Richard Y.Byers,Esq.,Che,* Joseph D. UGrrasse Richard M.Vaillancourt Associate Mewher Daniel S. Braesc,Fsq. Decision 20084)14. Ri2NP14. Page 3 of 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fat-978-688-9542 Web-wnw.townotnorthandover.conr