HomeMy WebLinkAbout20181002 ZBA decisions/misc. docs - Decision - 1717 TURNPIKE STREET 5/8/2018 Town of North Andover
ZONING BOARD OF APPEALS
D.Paul Koch Jr.,Esq.Chairman •° Toren Clerk Time Stamp
Ellen P.McIntyre,T h-e-Chahwan .
Albert P.Manzi III.,Esq.Ceik
Allan Cuscia
Natban J.weinreich
Astodate Aleinberr
Alexandria A.Jacobs,Esq.
Ronn R.Faigen
Any appeal shall be filed within(20) Notice of Decision
days after the date of filing of this Year 2018
notice in the office of the Town Clerk,
per Mass. Gen.L.ch.40A, §17
APPLICANT: HEARING(S):
CONNIE AND NICK VERGADOS April 10,2018,May 8,2018
PROPERTY: PETITION:
1717 Turnpike Street(Map 107.B,Parcels 2018-018
0018),North Andover,MA,01845
The North Andover Board of Appeals held a public bearing(s)at North Andover Town Hall, 120 Main
Street,North Andover,MA on Tuesday,May 8,2018 at 7:30 PM,and a previous hearing on Tuesday,
April 10,2018, respectively for the application of Connie and Nick Vergados("Applicant")with respect
to the property located at 1717 Turnpike Street(Map 107.13 Parcel 0018),North Andover,MA 01845
in the GB Zoning District("Property").
The applicant is requesting variances pursuant to Town of North Andover Zoning Bylaws, Section 4.131,
General Business District and(Table 2)Summary of Dimensional Requirements for new construction of a
commercial Two-Unit Building within the GB Zoning District.
A Variance is requested under Section 4.131 (General Business District) Lot Area Required 25,000
square feet,Proposed 15,000 square feet,relief of 10,000 square feet.
A Variance fi-om Table 2 (Dimensional Requirements Zoning Bylaws Footnotes & Graphics), for side
setback in the GB Zoning District to construct a commercial Two-Unit Building. Side setback proposed
is 26 feet,the required side setback per Table 2 is 40.0 feet,the relief Variance needed is 14 feet.
A Variance from Table 2 (Dimensional Requirements Zoning Bylaws Footnotes & Graphics), for one
front setback in the GB Zoning District to construct a commercial Two-Unit Building. Front setback
proposed is 26 feet, the required front setback per Table 2 is 100.0 feet, the relief Variance needed is 74
feet.
A Variance from Table 2(Dimensional Requirements Zoning Bylaws Footnotes&Graphics,for one rear
setback in the GB Zoning District to construct a commercial Two-Unit Building. Rear setback proposed
is 35.5 feet,the required front setback per Table 2 is 50.0 feet,the relief Variance needed is 14.5 feet.
Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors
Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North
Andover on March 27,2018 and April 3,2018
The following plans and exhibits were submitted at the public hearing:
Plan of Land,Landscape Plan dated 5/1/2018,and Tektoniks Architect Plans dated 4/27/2018.
Pagel of 2
Town of North Andover
ZONING BOARD OF APPEALS
D.Paul Koch,Jr.,Esq.,Chahman � . { Town Clerk Time Stamp
Ellen P.McIntyre,Vice-Chahwait
Allan Cuscia,Cleric
Alexandria A.Jacobs,Esq.
Ronn R.Faigen
Any appeal shall be filed within twenty Notice of Decision
days after the date of filing of this notice Year 2018
in the office of the Town Clerk pursuant
to Mass. Gen.L. ch.40A, §17
APPLICANT: APPLICATION DATE:
Connie&Nick Vergados July 11,2018
PROPERTY: HEARING DATE:
1717 Turnpike Street August 14,2018
a/k/a 1731 Turnpike Street
North Andover,MA 01845 PETITION:
Map 107.13,Parcel 0018 2018-23
The North Andover Board of Appeals("Board")held a public hearing at North Andover Town Hall, 120
Main Street,North Andover,MA on Tuesday,August 14,2018 at 7:30 pm for the application of Connie
&Nick Vergados("Applicant")with respect to the property located at 1717 Turnpike Street(a/k/a 1731
Turnpike Street)in the GB Zoning District("Property").
I. PROCEDURAL HISTORY
The Applicant previously filed Petition 2018-018 with hearings on April 10,2018 and May 8,2018. By
Notice of Decision filed with the Town Clerk on May 21,2018,the Board denied the Applicant's petition
for variances by a vote of 3-2 (favorable action required a supermajority).
By application filed July 11, 2018, the Applicant has requested a finding pursuant to Town of North
Andover Zoning Bylaw Section 10.8 Repetitive Petitions that specific and material changes have
occurred sufficient to permit the Applicant to refile an application for variances in the GB Zoning
District.
Legal notice was sent to all certified abutters provided by the Assessor's Office of the Town of North
Andover and published in The Eagle-Tribune,a newspaper of general circulation in the Town of North
Andover,on July 31,2018 and August 7,2018.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Variance Plan by Christiansen& Sergi dated April 11,2018
(2) Variance Plan by Christiansen& Sergi dated May 1,2018 rev May 7,2018
(3) Variance Plan by Christiansen& Sergi dated May 1,2018 rev May 7,2018,June 14,2018,and
June 28,2018
(4) Concept Plan(Elevation and Floor)by Gavin and Sullivan dated April 23,2018
(5) Photographs
The members of the Board present and voting were: D.Paul Koch,Jr.,Ellen P. McIntyre,Allan Cuscia,
Ronn R. Faigen,and Alexandria A.Jacobs.
PETITION 2018-23 Page 1 of 2
AUTHORIZATION AS T
PURCHASE AND SALE AGREEMENT
SELLER: Nancy Johnston
BUYER: Nicholas Vergados,or Nominee
PROPERTY: 1717'Turnpike Sheet,North Andover,Massachusetts 01845
PURCHASE AND SALE AC�I�I;l��N T�A 1 Lr Q: January 16,2018
[i is hereby agreed betz��een the parties that the Buyer is seeping approval from the North Andover
Board of Appeals and/or Planning Board and/or Conservation Cornnzission for the consta-�iction of a
nevv building on the above property.
1, Nancy Johnston, the Seller/Oiwier of the property', hereby authorize Nicholas Vergados, Conn-ie
Vergados and/or their representatives to appear before the above Boards and/or Commissions for
purposes of seeping approvals and/or perasts for the construction,of a commercial building on the
site.
Executed this day of April, 20180.
LLB,
Nancy Jol t _, Seller/Owner
To: Zoning Board of Appeals From: Connie Vergados May1, 2018
My apologies for being unable to attend this meeting. I will be overseas and unable to attend the
next zoning meeting on May 8th but did however want to address all your questions and
concerns from the last meeting. We took all comments and questions very seriously and have
addressed each one as best as possible. In trying to be efficient and respectful of your time,
1 am including each point and our efforts to address them:
Scale of building to lot: We have reduced the size of the building and it's placement on the lot.
*See attached plans.As mentioned prior, we have done a cost analysis on the building and
this reduction in size is the most we will be able to do to be able to maintain the building and
it's maintenance cost.
Fire Department: Concerns raised about accessibility of the fire department have been met.
presented the fire department Chief with the updated plan of the building and they have fully
approved it's meeting all codes and regulations. "See attached letter from North Andover Fire
Department.
Landscape: Since we reduced the size and placement of the building we were able to keep
all necessary parking to the right of the building therefore allowing for complete"green"space
in the rear and left side. This greatly reduces amount of paved area on the lot. Our intent is to
place some type of planter or flowering container wherever possible for added effect.
Concerns about adjoining retail space: We reduced the 2 additional spaces down to 1 and
have included a letter from Elizabeth Grady expressing interest in the unit next to our salon.
*See attached letter. My husband and I have lived in North Andover for 20 years and have
owned and operated our business, the Salon Vergados in North Andover for 17 years now.
We are hoping to attract a passive and professional tenant that compliments the beauty
industry. Beauty professionals such as estheticians, manicurists, waxing, eyelash extensions,
make-up, bridal/wedding consulting, all seek a good location in a professional, clean
environment. Our goal was, and still is,to have the whole building associated with the beauty
industry.
- Structure Style: Our new architect has drawn up a conceptual design more in line with our
original vision. One neighbor mentioned that the picture presented at the meeting looked like
a 7-eleven". That is certainly not our intent! Since the board saw the original"Jo Malone"
picture that I had as our inspiration we now will present a conceptual more in line with our
vision:To create a beautiful and well-designed building, that will improve the value of the lot,
enhance the landscape of the area and serve as an inviting &complimentary business to the
neighboring community.
- Purchase of corner lot: It was also brought to our attention to seek out purchasing the small,
adjoining corner lot on Colonial Drive. Although it is not presently available to purchase, we
are in the process of further investigation this option.
Thank you again for your time and service to North Andover. We look forward to servicing
existing and new clients with exceptional quality and customer service in our hometown at a
new location at 1717 Turnpike Street in North Andover MA.
Zoning Board of Appeals, Finding Request
In order to be efficient and respectful of your time, I am including additional points presented at
the last meeting which was on May 8, 2018.
Although on May 8th I addressed each and every comment and concern presented at the
original meeting,both by the board and the neighbors, the additional concerns were presented
on May 8th and we are therefore presenting significant and specific changes to the original plan
presented.
Structure style: This topic was previously addressed and taken very seriously both in the
previous meeting and now. At the original meeting the structure was called a "7-Eleven"
looking type building. While this was definitely not our intent, we hired a new architect who
proposed a more professional retail space. This drawing was deemed "too cosmopolitan" for
the area. While we are very open to creating a harmonious balance between professional
architecture and country style, our intent was to be sure that a structure will be allowed on
this property before investing in more drawings and going forward to these finer details. We
are nonetheless submitting a completely new design which is clearly a"New England style
building. The new structure has New England style trim work, a cupola and will also have
finishing touches such as dormers on each side of the cupola. This design presented is still in
the conceptual stage but finishing touches of these dormers, complimentary to this new
design, will be added.
Structure size: By reducing the size of the building an additional 200sq ft. we have
substantially reduced the size of the original building presented which started at 2900 sq ft.
On May 8th we presented a 2600sq ft structure after completing a cost analysis on the
structure. This final reduction to 2400sq ft. is the most that can be made and still be cost
effective to maintain the building.
- Setback: We reduced the size of the structure and in turn moved the building back an
additional 5ft which changed the front setback of the budding from 26ft. to 31 ft. We also in
turn moved the parking closer to the back to remove any hazard concern about the parking
being too close to the street.The parking now begins and lines up closer to the building at
approximately 31 ft away from the street. In doing so however, and given the nonconforming
size of the lot, we have to include an additional variance for this rear setback parking.
As a resident and business owner in North Andover for 20 years it is our goal to continue
servicing our town in a beautiful new building that will improve the lot, enhance hborin handce of
the area and serve as an inviting and complimentary business to the g 9community.
Ia
m including pictures in this packet to serve as an example of where our designs are created
and what our business style is. I also invite everyone to come into have reuceP eden inesn
lotion and to o
ourandg
online and check out the various and prestigious awards we
our community-
Thank you again for your time and service to North Andover.
� m
TOWN OF NORTH ANDOVER FINDING
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ZONING BOARD OF APPEALS
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Procedure & Requirements
For an Application for a Finding
Teri(10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND
be submitted thirty 30 days prior to the first public -PREPARATION OF LEGAL NOTICE:
hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules
the applicant for a hearing date and prepares the legal
within the time periods prescribed may result in a notice for mailing to the parties in interest(abutters) and
dismissal by the Zoning Board of an application as for publication in the newspaper. The petitioner is '
.::,,incomplete. notified that the legal notice has been prepared and the
The information herein is an abstract of more specific cost of the Party in Interest fee.
requirements listed in the Zoning Board Rules and
Regulations and is.not meant to supersede them. Items that STEP 7' DELIVERY OF LEGAL NOTICE TO
are'underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the Office
STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
petitioner applies for a Building Permit and receives notice to the local newspaper for publication.
a Permit Denial form completed by the Building
Commissioner, STEP 8: PUBLIC HEARING BEFORE THE ZONING ;
BOARD OF APPEALS:
STEP 2: FINDING APPLICATION FORM: The petitioner should appear in his/her behalf, or be
Petitioner completes an application form to petition the represented by an agent or attorney. in the absence of
Board of Appeals for a FINDING. All information as any appearance without due cause on behalf of the
required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using
completed. the information it has otherwise received.
Step 3: PLAN PREPARATION: STEP 9: DECISION:
Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be
cite d in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts i
STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17, within twenty(20)days
Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk.
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION
certifying the time and date of filing.The remaining ten PLANS.
copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of
Appeals secretary. the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence j
STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete'the Certification of
Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of
information, the petitioner requests from the Assessors Appeals and the Building Department Office.
Office a certified list of Parties in Interest(abutters).
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IMPORTANT PHONE-NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Clerk's Office
978-688-9545 Building Department
i
Page 2 of 4 Date&Time Stamp
Application for a FINDING
BOA �
a
NORTH ANDOVER RD OF APPEALS
1. Petitioner: Name, address and telephone number:
Connie & NicholasVergados
99 Pheasant Brook, North Andover MA 01845 978-551-2963
'The petitioner shall be entered on the legal notice and the decision as entered above.
F,
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
Donald & Nancy Johnson
114 Boston Street, North Andover MA 01845 27 Years
Years Owned Land:
3. Location of Property:
a. Street: 1717 Turnpike Street Zoning,District General Business
b. Assessors: Map number 107B Lot Number:0018
C. Registry of Deeds: Book Number Page Number.
4. Zoning Sections under which the petition for the Finding is made.
10.8
I`
*Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building commissioner
�1
�. Describe the Finding request:
To establish that specific and material changes have bpen made to theeplan in nrdpr to ra-files an applirat"On
'The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4 of this application.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 will be limited to the request by the applicant and will not Involve -`
additional Items not Included above.
6a, Difference from Zoning By-LAW requirements: Indicate the dimensions that will not meet current
Zoning By-Law Requirements. (A and B are in the case of a lot split)
Lot AreaOpen Space Percent Lot Frontage Parking Minimum Lot set Back
A S5,00, Sq. Ft. coverage Q/o Feet Spaces Front Side A Side B Rear
B. %
Page 3 of 4 Application for a FINDING
NORTH ANDOVER ZONING BOARD OF APPEALS v
6. b. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
15 0 % >125
c. Proposed Lot(S):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
15,000 16 % >125 12 31 22 68 31
d. Required Lot: (As required by Zoning By-Law)
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
25,000 35 % 125 12 100 25 25 50 '
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
`Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building.
b. Proposed Buildings:
Ground.Floor Number of Total Use of
Square feet Floors Sq.feet Building*
2.400 1 2,400 Salon, retail
'Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building.
I
8. Petitioner and Landowner signature (s-):
Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with
the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this
application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and
Regulations may result in a dismissal by the Zoning Board of this application as incomplete.
Signature
Type above name (s) here Connie Ver ados
PAGE 4 OF 4 FINDING
IV 'HIV
North Andover Zoning Board of Appeals
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. 9. WRITTEN DOCUMENTATION
Application for a Finding must be supported by a legibly
written or typed memorandum setting forth in detail all
facts relied upon. This is required in the case of a 10 C. FEATURES TO BE INDICATED ON PLAN
finding when the following points based on MGLA ch. A. Site Orientation shall include:
40A sec. 6 and 9 and the North Andover-Zoning By-Law 1. North point r
Section 9.0 a request for a FINDING shall be clearly 2. zoning district(s) m
identified and factually supported: Addressing each of 3. names of streets k
the below points individually is requited with this 4. wetlands to be shown on plan (if applicable)
application. 5. abutters of property, within 300 foot radius fi
6. location of buildings of adjacent properties within 50,
A. The particular use proposed for the land or from applicants proposed structure
structure. 7. deed restrictions, easements
B. Legend&Graphic Aids:
B. Fact relied upon to support a Finding that the 1. Proposed features in solid lines&outlined in red
proposed extension or alteration shall not be more 2. Existing features to be removed in dashed lines
substantially detrimental than the existing non- 3. Graphic Scales i
conforming use. 4. Date of Plan
5. Title of Plan
C. Addressing all details of the Building 6. Names addresses and phone numbers of the
Commissioner's denial when appropriate. applicant, owner or record, and designer or
surveyor.
10. Plan of Land
Each application to the Zoning Board of Appeals shall 10 D. FURTHER REQUIREMENTS:
be accompanied by the following described plan. Plans Major Projects shall require that in addition to the above
mast be submitted with this application to the Town features, plans must show detailed utilities,soils, and F
Clerk's Office and ZBA secretary at least thirty (30) days topographic information. A set of building elevation and
prior to the public hearing before the Zoning Board of interior of building plans shall be required when the
Appeals. application involves new construction, conversion and/or a
proposed change in use. Elevation plans for minor
10 A. Major Projects projects include decks,sheds,&garages shall be
:Major projects are those which involve one of the included with a side view depicted on the plot plan,
following whether existing or proposed: a)five or more which include a ground level elevation.
parking spaces, b)three or more dwelling units,
c) 2000 square feet or more of building area. 11.APPLICATION FiUNG FEES
Minor projects that are less than the above limits shall. A. Notification Fees:Applicant is to send by certified ±N
require only the plan information as indicated with an mail all legal notices to all abutters, and then supply
asterisks (*}. In some cases further information may be proof of mailing to the ZBA secretary. Applicant is to
required. supply stamps (appropriate current postage)for
mailing of decisions to all parties of interest as
10. B. Plan Specifications: identified in MGLA ch. 40A, sec. 11 as listed on the
a) Size of plan: Ten (10) copies of a plan not to application. ZBA Secretary will compute number of
exceed 11"xl 7" preferred scale of 1"=40'. stamps.
b) Plan prepared by a Registered Professional B. Applicant is to supply one(1)set of addressed
Engineer and/or Land Surveyor, with a block for five labels of abutters to ZBA Secretary who will mail
ZBA signatures and date on mylar. decisions to abutters and parties in interest.
C. Administrative fee of$50.00 per application.
