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Home My WebLink About- Decision - 1725 TURNPIKE STREET 12/17/2018 Town of North Andover , ZONING 'BOARD 4B APPEALS D.Paul Koch Jr.,Esq.,Chabysra Town Clcr �i'y �E�l�n[p �� °� �4YI#� ib` � 4 �", Ellen P.McIntyre,Vice-Chahzilan ,hNlz %i q�i% rr �� L,�''� Allan Cuscia Alexand6a A Jacobs,Esq. . , Ronn R Faigen .4rradade Afewhenr Michael T.Lis N Steven R.Seide Franlr J,I_iHea i 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 Cleric pursuant to Mass.Gen..L. ch, 40A, § 17 APPLICANT: APPLICATION DATE: A.L.Prime,Energy Consultant,Inc. July 9,2018 PROPERTY: BEARING DATE(S): 1725 Turnpike,Street August 14,2018,September 11,2018,and North Andover,MA 01845 November 13,2018 Map 107.11,Parcel O'056 PETITION: 2018-23 1. PROCEDURAL HISTORY AND STATE,11ENT OF FACTS Applicant, by application filed July 9,2018,has requested several variances pursuant to Town of North Andover Zoning'Bylaws, Section 8.2 Table 2(Summary of Dimensional Requirements)in the General Business(GB)Zoning District(in addition to a special permit that is the subject of a separate application and decision); specifically,Applicant has requested zoning relief for the alteration and extension of a pre- existing non-conforming parcel of land and structure for the purposes of altering the pre-existing non- conforming parcel of land and structures in order to relocate the existing convenience store to a new location,add two fuel dispensers,and reduce the width of an existing non-conforming driveway by thirty percent(30%)to bring it closer to conformity. The Application requires a hearing before the North Andover Zoning Board of Appeals("Board"),and due notice of the hearing was given by mailing and publication. Legal notices were sent to all certified abutters provided b the Assessor's Office of the Town of North Andover and were published in The y Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on July 31,2018. and August 7, 2018, The Board held a public hearing at the School Administration Building,566 Main Street,North Andover, MA on Tuesday,November 13,2018 at 7.30 PM and previous public hearings were held on September 11,2018 and August 14,2018,with respect to the Application. The following plains and exhibits were submitted with the Application or at the public hearing: (1) Applicant's undated Memorandum in Support of Applicant's Request for Variance and Special Permit prepared by Anthony A.Copani,Esq. (2) Applicant's initial plans titled Mirror Site Plan Change,A.L.Prime 9108, 1725 Turnpike Rd" (Rte 114), N.Andover, MA 01845--Z'BA Special Permit and Variance(Sheet C-0.0,C-1.0,C- 1.1,A-1.0,A-2.0,A-3.0 dated.July 2,2018 and Plan of Land dated November 30,2016) (3) Applicant's revised plans(Sheet A-1.0,A-2.0,C-1,0,and C-1.I dated August 29,2018(origin date:July 2,2018)) PETITION 2018-23 Page I of 4 Town of North Andover ZONING BOARD OF APPEALS (4) Applicant's revised and final plans(Sheet A-1.0,A-2.0,A-3.0,C-1.0, and C-1.1 dated October 30,2018(origin date: July 2,2018)) (5) Applicant's undated Plan of Land to Accompany Petition (6) Technical Memorandum prepared by John T.Gillon,P.E.,Gillon Associates(Traffic&Parking Specialists)dated July 19,2018 (7) Technical Memorandum prepared by John T. Gillon,P.E.,Gillon Associates(Traffic&Parking Specialists)dated August 27,2018 (8) Summary of Professional Experience of John T. Gillon,P.E. (9) North Andover MIMAP zoning and satellite pages dated April 17,2018 identifying the Property and adjacent parcels (10) Photographs of the existing Property (11) Applicant's undated Memorandum Addressing the Effect of Massachusetts Appeals Court Case Harrison v. St. Pierre (12) Copies of Notice of Decision of North Andover Zoning Board of Appeals for Petition 019-99 dated June 29, 1999 and Notice of Decision of North Andover Zoning Board of Appeals for Petition 2002-052 dated April 23,2003 The Property is located at 1725 Turnpike Street,North Andover,MA in the General Business(GB) Zoning District. The existing parcel is non-conforming in lot area,containing 23,561 square feet in a district where the minimum lot area is 25,000 square feet. The existing convenience store structure is currently non-conforming and does not meet the minimum front and rear setbacks. Applicant has requested five(5)variances pursuant to the provisions of the Town of North Andover Zoning Bylaws, Section 8.2 Table 2(Summary of Dimensional Requirements)for the relocation of an existing convenience store located on the site and the addition of two fuel dispensers at an existing retail store/auto service station. The five(5)variances include the following: A variance fiom Table 2(Dimensional Requirements),Footnote I of the Zoning Bylaws for one front setback. The front setback proposed is 13 feet,the required front setback per Table 2, Footnote 1 is 100 feet,the relief variance needed is 87 feet. A variance from Table 2(Dimensional Requirements)of the Zoning Bylaws for one left setback, The left setback proposed is 6.1 feet,the required left setback per Table 2 is 25 feet,the relief variance needed is 18.90 feet. A variance from Table 2(Dimensional Requirements)of the Zoning Bylaws for one rear setback. The rear setback proposed is 3 feet,the requited rear setback per Table 2 is 50 feet,the relief variance needed is 47 feet. A variance from Table 2(Dimensional Requirements),Footnote 1 of the Zoning Bylaws for one front setback(visual buffer/no parking). The fi•ont setback(visual buffer/no parking)proposed is 0 feet,the required front setback(visual buffer/no parking)per Table 2,Footnote I is 50 feet,the relief variance needed is 50 feet. A Variance from Table 2(Dimensional Requirements),Footnote 2 of the Zoning Bylaws for one rear setback(open/greenllandscaped/unbuilt/unpaved/unpacked), The rear setback (open/greenn/landscaped/unbuilt/unpaved/unparked)proposed is 0 feet,the required rear setback (open/green/landscaped/unbuilt/unpaved/unparked)required per Table 2,Footnote 2 is 15 feet, the relief variance needed is 15 feet. PETMON 2018-23 Page,2 of 4 Town of North Andover ZONING BOARD OF APPEALS II, FINDINGS/DISCUSSION/CONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. The Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of the Bylaws will involve substantial hardship, financial or otherwise,to Applicant,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaws. Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested variances in order to alter the pre-existing non-conforming land and structures in order to relocate the existing convenience store to a new location and add two fuel dispensers pursuant to the Town of North Andover Zoning Bylaws Section 8.2 Table 2(Summary of Dimensional Requirements)in the GB Zoning District in accordance with the plans,other materials,and testimony at the public hearings. in, MOTION,VOTE,AND DECISION On November 13,2018,the Board voted to close the public hearing. A motion was made by Ellen P.McIntyre and seconded by Ronn R.Faigen to grant the variances requested under Section 8.2 Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for the following five(5)variances: I. Variance from Table 2(Dimensional Requirements),Footnote 1 of the Zoning Bylaws for one front setback in the GB Zoning District for relocation of an existing convenience store within the existing site and add two fuel dispensers at an existing retail store/auto service station. The front setback proposed is 13 feet,the required front setback per Table 2,Footnote I is 100 feet,the relief variance needed is 87 feet; and 2. Variance from Table 2(Dimensional Requirements)of the Zoning Bylaws for one left setback in the GB Zoning District for relocation of an existing convenience store within the existing site and add two fuel dispensers at an existing retail store/auto service station. The left setback proposed is 6.1 feet,the required left setback per Table 2 is 25 feet,the relief variance needed is 18.90 feet;and 3. Variance from Table 2(Dimensional Requirements)of the Zoning Bylaws for one rear setback in the GB Zoning District for relocation of an existing convenience store within the existing site and add two fuel dispensers at an existing auto service station. The rear setback proposed is 3 feet,the required rear setback per Table 2 is 50 feet,the relief variance needed is 47 feet;and 4. Variance from Table 2(Dimensional Requirements),Footnote 1 of the Zoning Bylaws for one front setback(visual buffer/no parking)in the GB Zoning District for relocation of an existing convenience store within the existing site and add two fuel dispensers at an existing retail store/auto service station. The front setback(visual buffer/no parking)proposed is 0 feet,the required front setback (visual buffer/no parking)per Table 2,Footnote I is 50 feet,the relief variance needed is 50 feet;and 5. Variance from Table 2(Dimensional Requirements),Footnote 2 of the Zoning Bylaws for one rear setback(open/green/landscaped/unbuilt/unpaved/unpacked) in the GB Zoning District for relocation of an existing convenience store within the existing site and add two fuel dispensers at an existing PETITION 2018 23 Page 3 of Town of North Andover ZONING BOARD OF APPEALS retail store/auto service station. The rear setback(open/green/landscaped/unbuilt/unpaved/unpai•lced) proposed is 0 feet,the required rear setback(open/green/landscaped/unbuilt/iuipaved/tniparlced) required per Table 2,Footnote 2 is 15 feet,the relief variance needed is 15 feet. The voting members in favor of the variances: D.Paul Koch,Jr.,Allan Cuscia, Ronn R.Faigen, and Alexandria A.Jacobs. The voting members against the variances: Ellen P. McIntyre The non-voting members present: Steven R. Seide,Michael T.Lis and Frank J, illilea The Chairman declared the Board's vote to be 4-1 to G T VARIANCES. North An o er of hug Board of Appeals D.Paul Koch Jr.,Es ,Chairman Ellen P.McIntyre,Vi e Chair Allan Cuscia,Acting lerk Alexandria A. Jacobs,Esq, Ronn R.Faigen Michael T.Lis Steven R. Seide Frank J. Killilea Decision 2018-23 IMTompikc SUoI--Speclnl pcad[D&19s n1-3,020191114(pk-2d=) Notes: 1. A decision granting a variance or a special permit shall not be in effect until a certified copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at Applicant's expense. Further provided that if the Property is registered land then a certified copy of the decision shall also be filed with the Land Court. 2. The granting of a variance or special permit as requested by Applicant does not necessarily ensure the granting of a building permit because 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 Inspector of Buildings. 3. Generally, if the rights authorized by the granting of a variance are not exercised within one(1)year of the date of the grant then they shall lapse and may be re-established after notice and a new hearing pursuant to the provisions of Mass.Gen.L. ch.40A, § 10,and a special permit shall be deemed to have lapsed after a two(2)year period from the date on which the special permit was granted unless substantial use or construction has commenced. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2018-23 Page 4 of 4 n � Town of North Andover ZONING BOARD OF APPEALS D,Paul Koch it.,Esg.,Ckrah man a r�r s ra Town Clerk,Time Stamp Ellen P.McIntyre,Vire-Clinnrrrarr Allan Cuscia y Alexandria A.Jacobs,Rsq, k Roan R.Faigen Assodaia Alowbeiv Michael T.Lis Steven R.wide 1'ranlcJ.Killilea 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 Klass. Gen.L. ch.40A, § 17 APPLICANT: APPLICATION DATE: A.L.Prime Energy Consultant,Inc. duly 9,2018 PROPERTY": HEARING DATE(5): f 1725 Turnpike Street August 14,2018,September 11,2018, and North Andover,MA 01845 November 13,2018 Map 1.07.B,Parcel 0056 PETITION: 2018-22 1. PROCEDURAL 111STOR.Y AND STATIi�NIENT OF FACTS Applicant, by application filed July 9,2018,has requested a special permit pursuant to Town of North Andover Zoning Bylaws, 'Section 9.1 (Non-Conforming Uses)in the General Business(GB)Zoning District(in addition to a series of variances that are the subject of a separate application and decision); specifically,Applicant has requested the alteration and extension of a pre-existing non-conforming parcel of land and structure for the purposes of altering the pre-existing non-conforming parcel of land and structures in order to relocate the existing convenience store to a new location, add two fuel dispensers, and reduce the width of an existing non-conforming driveway by thirty percent(30%)to bring it closer to conformity. The Application requires a hearing before the North Andover Zoning Board of Appeals("Board"),and due notice of the hearing was given by mailing and publication. Legal notices were sent to.all certified abutters provided by the Assessor's Office of the Town of North Andover and were published in The Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on July 31,2018 and August 7,2018. i The Board hold a public hearing at the School Administration Building, 566 Main.Street,North Andover, MA on Tuesday,November 13,2018 at 7.30 PM and previous public hearings were held on September 11,2018 and August 14,2018,with respect to the Application. The following plans and exhibits were submitted with the Application or at the public hearing- (1) Applicants undated Memorandum in Support of Applicants Request for Variance and Special Permit prepared by Anthony A.Copani,Esq. (2) Applicant's initial plans titled Minor Site Plan Change,A.L. Prirrre#108, 1725 Tzwnpike Rd (R'te 114), N.Andover;, MA 01845--ZBA Special Perinit and Variance(Sheet C-0.0,C-1.0,C- 1.1,A-1.0,A-2.0,A-3.0 dated July 2,2018 and Plan of Land dated November 30,2016) (3) Applicants revised plans(Sheet A-1.0,A-2.0,C-1.0,and C-1.1 dated August 29,2018(origin date.July 2,2018)) PETITION'2018-22 Page I of3 Town of Notth Andover ZONING BOARD OF APPEALS (4) Applicant's revised and final plans(SheetA-1,0,A-2.0,A-3.0,C-1,0, and C-1.1 dated October 30,2018(origin date:July 2,2018)) (5) AppIicant's undated Plan of Land to Accompany Petition (6) Technical Memorandum prepared by John T. Gillon,RE., Gillon Associates(Traffic&Parking Specialists)dated July 19,2018 (7) Technical Memorandum prepared by John T. Gillon,F.E.,Gillon Associates(Traffic&Pal-king Specialists)dated August 27,2018 (8) Summary of Professional Experience of John T. Gillon,P.E. (9) North Andover MIMAP zoning and satellite pages dated April 17,2018 identifying the Property and adjacent parcels (10) Photographs of the existing Property (11) Applicant's undated Memorandum Addressing the Effect of Massachusetts Appeals Court Case Harrison v. St, Pierre (12) Copies of Notice of Decision of North Andover Zoning Board of Appeals for Petition 019-99 dated June 29, 1999 and Notice of Decision of North Andover Zoning Board of Appeals for Petition 2002-052 dated April 23,2003 The Property is located at 1725 Turnpike Street,North Andover,,MA in the General Business(GB) Zoning District. The existing parcel is non-conforming in lot area,containing 23,561 square feet in a district where the minimum lot area is 25,000 square feet. The existing convenience store structure is currently non-conforming and does not meet the minimum front and rear setbacks. II. FINDINGSIDISCUSSIONICONDITIONS The Board has made careful study of the materials submitted and the information presented at the hearings. The Board finds that under Section 10.31 of the Bylaws and as conditioned below,(a)the Property is an appropriate location for the use,structure,or condition,(b)the use as developed will not adversely affect the neighborhood,(c)there will be no nuisance or serious hazard to vehicles or pedestrians,(d)adequate and appropriate facilities will be provided for the proper operation of the use,and(e)the use is in harmony with the general purpose and intent of the Bylaws. The Board further finds that under Section 9.1 (Non-Conforming Uses)of the Bylaws and as conditioned below,Applicant's proposed change,extension,or alteration to the Property is not substantially more detrimental to the neighborhood than the existing conditions. Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit in order to alter the pre-existing non-conforming land and structures in order to relocate the existing convenience store to a new location, add two fuel dispensers,and reduce the width of an existing non- conforming driveway by thirty percent(30%)pursuant to the Town of North Andover Zoning Bylaws Section 9.1 (Non-Conforming Uses)and Section 10.31 in the GB Zoning District in accordance with the plans, other materials,and testimony at the public hearings. III. MOTION VOTE AND DECISION On November 13,2018,the Board voted to close the public hearing. A motion was made by Ellen P.McIntyre and seconded by Allan Cuscia to grant the special permit requested under Section 9.1 (Non-Conforming Uses)of the Zoning Bylaws to allow for alteration to the PETITION 2018-22 Page 2 of 3 Town of North Andover ZONING BOARD OF APPEALS pre-existing non-conforming land and structures in order to relocate the existing convenience store to a new location,add two fuel dispensers,and reduce the width of an existing non-conforming driveway by thirty percent(30%)in accordance with the plans and other materials submitted by Applicant. The voting members in favor of the special permit: D. Paul Koch,Jr.,Allan Cuscia, Ronn R.Faigen, and Alexandria A.Jacobs. The voting members against the special permit: Ellen P.McIntyre The non-voting members present: Steven R. Seide,Michael T.Lis and Frank J. Milik a The Chairman declared the Board's vote to be 4-1 to Gl' T HE SPECIAL PERMIT. Nort d e Zoning Board of Appeals D.P I h A oc Jr. Esq,,Chairman Ellen AcIn r Vice Chair Allan Cuscia,Acting Clerk Alexandria A.Jacobs,Esq. Ronn R.Faigen Michael T. Lis Steven R. Seide Frank J.Killilea Decision 2018-22 Px$T—pik,.Speer—Spreia]Permit Derision N-3.0 Notes: 1. A decision granting a variance or a special permit shall not be in effect until a certified copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at Applicant's expense. Further provided that if the Property is registered land then a certified copy of the decision shall also be filed with the Land Court. 2. The granting of a variance or special permit as requested by Applicant does not necessarily ensure the granting of a building permit because 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 Inspector of Buildings. 3. Generally, if the rights authorized by the granting of a variance are not exercised within one(1)year of the date of the grant then they shall lapse and may be re-established after notice and a now hearing pursuant to the provisions of Mass. Gen.L.ch.40A, § 10,and a special permit shall be deemed to have lapsed after a two(2)year period from the date on which the special permit was granted unless substantial use or construction has commenced. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OF DOCUMENT PETITION 2018-22 Page 3 of 3