HomeMy WebLinkAbout- Application - 1725 TURNPIKE STREET 7/9/2018 a
TOWN of NORTH ANDOVER 1VA IAN C j11z ,?s
ZONING BOARD OF APPEALS 106� �'Y °�mr ,
NAME: A,L, Prime Energy Consultant, Inc.
ADDRES S.OF APPEAL: 1725 Turnpike Street(Route 114) `rn�r� ( 4'r (imr
Procedure & Requirements
for an Appiica ion for aVariance
Twelve(12)copies of the following information must be STEP 6:SCHEDULING OF NEARING AND
submitted thirty(O days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required Information within the The Office of the Zoning Board of Appeals schedules 1
time periods prescribed may result In a dismissal by the the applicant for a hearing date and prepares the legal
Zoning Board of an a plication as Incomplete. notice for mailing to the parties in Interest(abutters)and
The information herein Is an abstract of more for publication In the newspaper. The petitioner Is
specific requirements listed In the Zoning Board notified that the legal notice has been prepared and the
Rules and Regulations and is not meant to cost of the Marty In Interest fee.
supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO
that are underlined NEVSPAPEft
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
The petitioner applies for a Building Permit and notice to the local newspaper for publication.
receivers a Zoning Bylaw Denial form completed by the
Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
S E 2: VARIANCE APj!L&MjON 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 Variance. All information as any appearance without due cause on behalf of the
required in items 1 through and Including 11 shall be petition,the Board shall decide on the matter by using
completed. the Information it has received to date.
STEP 3: PLAN PREPARATION: STEP 9: DECISION:
Petitioner submits all of the required plan Information as After the hearing, a copy a of the Board's decision will be
cited In page 4,section 10 of this form. sent to all Parties In Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP 4: OBTAIN LIST CIS PARTIES IN INTECLEST: General Law ch.4DA§17,within twenty(20)days after
The petitioner requests the Assessor's Office to compile the decision Is filed with the Town Clerk.
a certified list of Parties in Interest(abutters).
STEP 0: RECgRDIN2 TIME DECISION AND P S.
ST P 6: SUBMIT PL CATION. The petitioner Is responsible for recording cettiflcation of
Petitioner submits one(1)original and eleven(11)Xerox the decision,the Myiar,and any accompanying plans at
copies of all the required information to the Town Clerks the Essex County,North Registry of Deeds, 354
Office to be certified by the Town Cleric with the time Merrimack St.Suite 0304, Lawrence MA,01843 and
and date of filing. The original will be left at the Town shall complete the Certification of Recording form and
Clerk's Office,and the 11 Xerox'copies will be left with forward it to the Zoning Board of Appeals and to the
the Zoning Board of Appeals secretary. Building Department.
IMPORTANT PHONE NUMBERS
978-688-9533 Office of Community Dev. &Services North Andover Town Hall
1600 Osgood St., Bldg.20,Suite 2035 120 Main Street
North Andover, MA 01845 97"88-9501 Town Clerics Office �
rs Office
978-98�8-9;542 fax for Community Development offices 978-688-9566 Assesso t
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office PAGE •I of 4
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E
6 B. Existing Lot: `
Lot Area Open Space percent Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
23,561 7,546 3.3% 390.81 7 14.6' 76' 156' 5'
6 G. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
23,561 5,118 8.5% 390.81 8 10.0' 3' 156` 4'
6 D. Required Lot: (As required by zoning Bylaw&Table 2)
Lot-Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side 8 Rear
25,000 none 35% 150 8 100, 25' 40' 50,
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building* of Units**
796 1 14' 796 Retail Store 1 Auto Service 1
Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building(s).
7B. Proposed Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet building" of Units"
1,999 1 15 1,999 Retail Store/Auto Service 1
*Reference Uses from the Zoning Bylaw&Table 1.
"*State number of units in building(s).
8. Petitioner and Landowner signature(s):
Every application for a Variance 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 p ligatio requirements,as cited herein and in the Zoning Board Rules and Regulatlons may
result in a disco!s 61 by the Zonln rd t't�iis application as incomplete.
Signature: ��
Tyne above name s h re: L � '�
1
1 b�vm
COMM, TARLOW
ATTORNEYS AT LA Broadway
ANTHONY A.COPANI, ESQ. 265
Methuen, MARoute 01844 8) ✓ � PARALEGALS
DANIEL P.TARLOW, ESQ. MARG,ARET A. NORTON
TED CRANNEY, ESQ. Tel:(978) 686-0010 @ Fax: (978)686-9473 MAUREEN WINSHIP
DAVID M. FEEN'EY, ESQ. E Mai1: capanilawv�aiclaud.earn DONNA L. COPANI
July 9, 2018
Zoning Board of Appeals
Town,of North Andover
120 Main Street
North Andover, MA 01845
Attn: D. Paul Koch, Jr., Chair
Dear Mr. Koch,
Kindly be informed that I represent A. L. Prime Energy Consultant, Inc.,which seeking relief by
way of a Variance and Special Permit in order to relocate an existing minimart within the
existing site and add two fuel dispensing stations at an ongoing automobile filling station located l
at 1.725 Turnpike Street. The Applicant is requesting that this matter be placed on the agenda for
the next regularly scheduled meeting of the Zoning Board of Appeals to be held on Tuesday,
August 14, 2018. Attached please find 12 copies of the following Applications and Exhibits:
1
1) Application for Variance
2) Application for Special Permit
I
3) Building hermit Application
i
4) Zoning Bylaw Review Form
S) Authorization of Representation
6) Memorandum in Support
7) Plans—(12 copies and 1 Mylar)
8) Certified Abutter List j
9) Abutter Mailing Labels (4 sets)
OFFICES LOCATED INMEMEN AN3 AN O ER,MASSACHUSE77S
Am ssocmrjavOFSOLEFYOMU MMIPSARPd.7e
i
i
10) Deed into Applicant
11) Prior Decisions of the ZBA re: locus
12) Maps—MIMAP two views and Photo of site
13) First Class Postage Stamps for each Abutter plus two
14) Check in the amount of$250.00 for filing fee for Variance
IS) Check in the amount of$250.00 for filing fee for Special Permit
If there are any questions or if additional information or documentation is required, do not
hesitate to contact me at my office.
Sincerely,
Anthony A. Co hni, Esq.
OFFICES LOCATED INMETHUFN AND A NDOvEA MAssAchrvsEy7s
AN ASSOCIATION OFSOLE PROPMEMWHIPSANDLLC
TOWN OF NORTH ANDOVER
a
ZONING BOARD OF APPEALS -
I11AME: A.L. Prime Energy consultant, Inc. ". �s
ADDRESS so
r OF APPEAL: 1725 Turnpike street(Route 11 4A � �,°
Town'Clerk Time stamp
PrOCOdure & ReqUirements
for an Application for aVarlance
Twelve (12) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND
submitted thirty QQJ days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required Information within the The Office of the Zoning Board of Appeals schedules
time periods prescribed may result In a dismissal'by the the applicant for a hearing date and prepares the legal
Zoning Board of an application as incom late,. notice for mailing to the parties In interest.(abutters)and
The information herein is an abstract of more for publication in the newspaper. The petitioner is
Specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the
Rules and Regulations and is not meant to cost of the Party in Interest fee.
supersede them. The etitioner will corn late Items
that are underlined ST P 7: DELIVE OF LEGAL NOTICE TG
NE IN ;PAPER
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
The petitioner applies for a Building Permit and notice to the local newspaper for publication.
receivers a Zoning Bylaw Denial form completed by the
Building Commissioner. STEP 8: PUBLIC(HEARING BEFORE THE ZONING
STE 2: 'WARIANCE APPLICATIN N I~OR : BOARD OF APPEALS:
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 Variance. All information as any appearance without due cause on behalf of the
required in items 1 through and Including 11 shall be petition,the Board shall decide on the matter by using
completed. the information It has received to date.
STEP 3: P REP ION- STEP* DECISION:
Petitioner submits all of the required plan Information as After the hearing, a copy of the Board's decision will be
cited In page 4, section 10 of this farm, sent to all Parties in Interest. Any appeal of the Board's
decision mSTEP_4: OBT I LIST be made pursuant to Massachusetts
O PART S tN INT E,ST• General aw ch.40A§ 17,within twenty (20)days after
The petitioner requests the Assessor's office to compile the decision Is filed with the Town Clerk.
a certified list of Parties in interest(abutters).
STEP 1fl: RECORDINtt THE DECI ( f �D
STEP �APPL1CATiQ� The petitioner Is responsible for record*—Ing Codification of
Petitioner submits one (1) original and eleven (11)Xerox the decision, the Mylar, and any accompanying plans at
copies of all the required Information to the Town Clerk's the Essex County, North Registry of Deeds, 354
Office to be certified by the Town Clerk with the time Merrimack St. Suite 04, Lawrence MA, 01843 and
and date of filing. The Original will be left at the Town shall complete the Certification of Recording form and
Clerk's Office,and the 11 Xerox copies will be left with forward It to the Zoning Board of Appeals and to the
the Zoning Board of Appeals secretary. Building Department.
�`' �rtarrcrr�'tas►��ew��r
iMPORTANT'PHONE NUMBERS: �vnrour�r g
970-688-9533 Office of Community IDev. &Services Forth Andover Town Hall
1600 Osgood St., Bldg.20, Suite 2035 120 plain Street
North Andover, MA 01845 978-688-9501 Town Clerk's Office
078-688-9542 fax for Community Development offices 978-688-9566 Assessor's 4ffi'ce
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office PAGE I of 4
PAGC 4 OF 4 VARIANCE
9. WRITTEN DOCUMENTATION *10. S. 'Plan Specifications:
Application for a Variance must be supported by a 1) Size of plan: Ten(10)paper copies of a plan not.
legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1%40'
detail all facts relied upon. When requesting a Variance 11) One(1) Mylar,with one block for Registry Use
from the requirements of MGLA ch.40A,Sec. 10.4 and Only, and one block for five(5)ZBA signatures&date
the North Andover Zoning Bylaws, all dimensional IM Plan shalt be prepared,stamped and certified by
requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please
supported.. All points,A- ,are required to be note that plans by a Registered Professional Engineer,
addressed With this application. Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
A. The particular use proposed for the land or *10 C. *Required Features On Plan;
structure. Site Orientation shall include.
B. The circumstances relating to soil conditions, shape I north point
or topography of such land or structures especially 2. zoning district(s)
affecting the property for which the Variance is 3, names of streets
sought which do not affect generally the zoning 4. wetlands(if applicable)
district In which the property Is located. 5. abutters of property,within 300'radius
C. Facts which make up the substantial hardship, S. locations of buildings on adjacent properties
financial or otherwise,which results from literal within 50'from applicants proposed structure
enforcement of the applicable zoning restrictions 7. deed-restrictions, easements.
With respect to the land or building for which the M Legend&Graphic Aids shall include. .
variance is sought. 1. Proposed features In solid lines&outlined in red
D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed Imes
sought will be desirable and without substantial 3. Graphic Scales
detriment to the public good. 4. Date of Plan
E. Facts relied upon to support a finding that relief 5. Title of Plan
sought may be given without nullifying or 6. Names addresses and phone numbers of the
substantially derogating from the Intent or purpose applicant, owner or record, and land surveyor
of the Ordinance. 7. Locus
F. Submit RDA from Conservation Commission when 10 D. Minor Projects
Continuous Buildable Area Is applied for in ZBA Minor projects, such as decks,sheds,and garages,,::,;:
application, shall require only the plan information as indleatad w#th
an. asterisk("). In some cases further information may
10. PLAN OF LAND be required.
Each application to the Zoning Board of Appeals shall
be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES
must be submitted with this application to the Town 'I I.A. Notification fees. Applicant shall provide a
Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover"for
prior to the public Hearing before the Zoning Board of the cost of first class, certified, return receipt x#of
appeals. all parties in interest identified in MGLA ch, 40A§11
on the abutter's list for the legal notice check. Also,. .
A set of building elevation plans by a Registered the applicant shall supply first class postage stamps
Architect may be required when the application for each address listed on the abutter's list, plus an
involves new construction/conversion/and/or a additional 2 for the decision mailing,
proposed change in use, 11111. 113. Mailing labels.Applicant shall provide four(4)
sets of mailing labels no largerthan 1Ax2-515" (3 copies
10. A. Major Projects for the Legal, and one copy for the Decision mailing)
Major projects are those,which Involve one of the 11 y C. Applicant shall provide a cheek or money order
following whether existing or proposed: to: "Town of North Andover"per 2005 Revised Fee
1)five(5) or more;parking$paces, Schedule.
II)three(3)or more dwelling units,tII)2,000 square feet of building area. ►, A Variance once granted by the ZBA will lapse in
1 (one)year if not exercised and a new petition
Major Projects shall require,that in addition to the 1 OB& be submitted.-4
1 oC features,that the plans show-detailed utilities, soils,
and topographic information.
TOWN OF NORTH ANDOVER SPECIAL:z
ZONING BOARD BOARD OF APPEALS p T S
NpMg A.L. Prime Energy Consultant„ Inc. -
ADDRESS OF jo 1725 Turnpike Street(Route 114)
Procecllre & Requirements for
an Application for a Special q.
Permit ;
Twelve(1 )copies of the following information must be STEP 6:SCHEDULING OF HEARING AND
submitted thirty QQJ days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required Information within the The Office of the Zoning Board of Appeals schedules
time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal
Zoning'Board of an application as incom lete. notice for mailing to the parties in Interest(abutters) and
The Information herein is an abstract of more specific for publication In the newspaper. The petitioner Is
requirements listed in the Zoning Board Flutes and notified that the legal notice has been prepared and the
Regulations and Is not meant to supersede them.Tftp, cost of the Party In Interest fee.
petitioner w it complete s t at are underliMd.
STEP 7 E E Y OF WQ&L40—TICETO
STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER
The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office
receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal
Building Commissioner. notice to the local newspaper for publication..
STEP 2: SPECIAL PERMIT APeUCATION EORi'w!I STEP 8: PUBLIC HEARING BEFORE THE ZONING
Petitioner completes an application form to petition the BOARD OF APPEALS:
Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be
as required In Items 1 through and including 11 shall be represented by an agent or attorney. In the absence of
completed. any appearance without due cause on behalf of the
petition,the Board shall decide on the matter by using
STEP 3: PLAN PREPARATION: the Information it has received to date.
Petitioner submits all of the required plan information as
cited In Section 10 page 4 of this form. STEP 9: DECISION:
After the hearing,a copy of the Board's decision will be
STEP L ST OF RTIgS ILL INT REST# sent to all parties In interest. Any appeal of the Board's
The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts
a certified list of Parties in Interest(abutters). General Law ch.40A see. 17,within twenty(20)days
after the decision Is filed with the Town Cleric.
STEP 5: SUBMITAPPLICATION:
Petitioner submits one(1).original and 11 Xerox copies STEP 70: RECOIMINO THE AF&ISION AND PLAN%
of all the required information to the Town Clerk's Office The petitioner Is responsible for recording certification of
to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the
of filing. The original will be left at the Town Cleric's Essex County Forth Registry of Deeds, 354 Merrimack
Office,and the 11 Xerox copies will be left with the St., Lawrence MA 01843,and shall complete the
Zoning Board of Appeals secretary. Certification of Recording form and forward it to the
Zoning Board of Appeals and the Building Department. I
l
IMPORTANT PHONE NUMBERS:
978-688-9583 office of Community Dev. &Services Town Hall
1600 Osgood Street 120 Main Street
Building 20,Suite 2035 North Andover, Massachusetts 01845
978-688-9542 fax for Community Development offices 978-CM9501 Town Clerk's Office
978-886-9545 Building Department 978-688-9566 Assessors office
978.688.9541 Zoning Board of Appeals Office
PACE Ii of 4
PAGE 2 OF 4 Date &Time
Stamp
.Application for a SPECIAL PERMIT
North ANDOVER ZONING BOARD OF APPEALS
1. Petitioner: Name, address and telephone number:
A.L. Prime Energy Consultant, Inc.
18 Lark Avenue, Saugus MA 01906 I 781-246-0201
"The petitioner shall be entered on the legal notice and the decision as entered above.
A
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
A.L. Prime Energy Consultants, Inc.
18 Lark Avenue, Saugus MA 01906 I 781-246-0201
Years Owned Land: 18
3. Location of Property.
a. Street: 1725 Turnpike Street Zoning District GB- General Business
,
b. Assessors: Map number 107.8 Lot Number: 0056
c. Registry of Deeds: Book Number 104 Page Number:381 of Certificate#13421
4. By-Law Sections under which the petition for the Special Permit is made.
9.1 Non-Conforming Uses-Alteration/Extension ofpre-existing non-conforming land and structure
"Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner,
5. Describe the Special Permit request:
To alter thepre-existing non-conforming land and structures in order to relocate the existing,
convenience store to a new location and add two fuel dispensers, and reduce width of existing
non-con orming driveways. y o.
*Tire 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.
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
6A, Existing Logs):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq, Ft. Coverage Feet Spaces Front Side A Side B Rear
23.561 - 7.546 3.3 % 390.81 7 14.6' 76' 156' 5'
6B. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
21561 5 1 1.8 8.5 % 390.81' 8 10.0' 3' 156' 4'
6C. Required Lot: (As required by Zoning Bylaws&Table 2)}
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front SideA Side B Rear
25,000 none 35 % 150 8 100, 40' .40' 50,
7A. Existing Building(s):
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet Building* of Units**
796 SF 1 796 SF Retail Store/Auto Service Station n/a
*Reference Uses from the Zoning Bylaws&Table 1.
**State number of units in building.
78, Proposed Building(s):
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet Building' of Units**
1,999 SF 1 1,999 SF Retail Store/Auto Service Station n/a
*Reference Uses from the Zoning Bylaws&Table 1.
**State number of units in building.
S. Petitioner and Landowner signatulre(s):
Every application for a Special Permit shall be made on this form, which Is the official form of the Zoning Board of Appeals. Every
application shall be filled 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
noiiFlcation, Failure comply with a lication requirements, as cited herein and in the Z ding Board Rules and Regulations may
result in a dismiss the oning B ar of s application as I complete.
Si naturepuV' Cr) 0AA t J"C'
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T I'e above name s h 1 t-t
Y2L t (? vt ns -lz.-L Ct7'9 -6016. exxTIS
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PAGE 4 OF 4 SPECIALI
9. WRITTEN DOCUMENTATION it) One(1)Mylar,with one block for Registry use
Application for a Special Permit must be supported by a Only, and one block for five (5)ZBA signatures and
legibly written or typed memorandum setting forth in date.
detail all facts relied upon. When requesting a Special Plan shall be prepared,stamped and certified by.
Permit from the requirements of MGLA ch.40A, and the a Registered Professional Land Surveyor. Please
North Andover Zoning By-laws, all dimensional note that plans by a Registered Professional Engineer,
requirements shall be clearly identified and factually Registered Architect, and/or a Registered Landscape
supported. All points, 1-6,are required to be Architect may be required for Major Projects.
addressed with this application. *10 C. *Required Features On Plan:
1) Site Orientation shall include:
'I.The particular use proposed for the land or structure. 1. north point
2.The specific site is an appropriate location for-such 2, zoning district(s)
use, structure or condition. 3. names of streets
3.There will be no nuisance or serious hazard to 4. wetlands(if applicable)
vehicles or pedestrians. 5. abutters of property, within 300'radius
4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties
for the proper operation of the proposed use. within 50'from applicants proposed structure'
S.The use is in harmony with the purpose and intent of t 7. deed restrictions, easements.
Zoning Bylaw. 11) Legend&Graphic Aids shall include:
6.Specific reference and response to the criteria 1. Proposed features in solid lines&outlined in red
required by the particular Special Permit for which 2. Existing features to be removed in dashed lines
this application is made (i.e.the Earth Removal 3. Graphic Scales
Special Permit has unique criteria and submittal 4. Date of Plan
requirements.). S. Title of Plan
6. Names addresses and phone numbers of the
10. PLAN OF LAND applicant, owner of record,and land surveyor.-
7. Locus.
Each application to the Zoning Board of Appeals shall
be accompanied by the following described plan. plans 10 D. Minor Projects
must be submitted with this application to the Town Minor projects,such as decks,sheds, and garages,
Clerks Office and ZBA secretary at least thirty (30) days shall require only the plan Information as indicated with
prior to the public hearing before the Zoning Board of an, asterisks(a). In some cases further Information may
appeals. be required
A set of building elevation plans by a Registered
Architect may be required when the application 11. APPLICATION FILING FEES
involves new construction/a conversion/and/or a A. Notification fees: Applicant shall provide a
proposed change In use. check or money order to: "Town of North Andover"for
the cost of first class, certified, return receipt x#of
10 A. Major Projects all parties in interest identified in MGLA ch. 40A§11
on the abutter's list for the legal notice check. Also,
Major projects are those,which involve one of the the applicant shall supply first class postage stamps
following whether existing or proposed: for each address listed on the abutter's list, plus an
1)five or more parking spaces, additional 2 for the decision mailing.
II)three (3)or more dwelling units, B. Mailing labels.Applicant shall provide four(4)
III}2000 square feet of building area. sets of mailing labels no larger than 1"x2 5/8" (3 copies
for the Legal mailing and one copy for the Decision
Major Projects shall require that in addition to the above mailing).
features, plans must show detailed utilities, soils, and C. See 2005 Revised Fee Schedule.
topographic Information.
IH>W A Special Permit once granted by the ZBA will ,
*10., B.*Plan Specifications: lapse in 2(two)years if not exercised and a new
`J<) Size of plan: Ten(10) paper copies of a plan not petition must be submitted, as
to exceed 11"x17", preferred scale of 1"=40'
gym` The Commonwealth of Massachusetts
Deprri'iment of lndustrialAccidenls
I Congress Street,Suite 100
Boston, MA 02114-2017
www.Mass.gov/dia
Workers'Compensation,Insurance AMdavit:General Businesses.
TO RE FILED WITII'I'liE PERMITTING AUT110RITV.
A > licant Information Please 1Print Le ibl
Business/Organization Name: A.L. Prime Energy Consultant, Inc.
Address: 18 Lark Avenue
City/State/Zip: Saugus, MA 01906 p}lone#: 781-246-0201
Are you an employer?Check the appropriate bore: Business Type(required):
1,0 1 am a employer with_150 employees(full and/ 5. Q Retail
ar part-time).* b. Ir t Restaurant/Bar/Eating Establishment
2.❑ 1 ant a sole proprietor or partnership and have no ?. Pj Office and/or Sales(incl,real estate,aura.etc.)
employees working for me in any capacity.
[No workers' comp. insurance required] ❑ Non-profit
1❑ We are a corporation and its officers have exercised 9. ❑ Entertainment
their right of exemption per c. 152,§1(4),and we have 10.❑ Manufacturing
no
employees. [No workers' camp.insurance required]* 11 [] Health Care
4.❑ We are a non-profit organization,staffed by volunte6ts,
with no employees. [No workers'comp,insurance req.] 12.[,f✓ Other General Construction �.
*Any applicant that checks box 41 must also tilt out the section below showing their workers'compensation policy information.
**lf the corpotate otl5cers have exempted themselves,but the corporation has other omplo ve%,a tivorkcrs'campcnsatian policy is required and such an
organization should check box N 1.
1 ant air employer tlia/is providiiig workers'coiape)rsatioii Prrsarmrce for mly employees. Below is fire policy information.
Insurance Company Name:HDI Gerling America Insurance Co,
Insurer's Address: 50 Prospect Street
City/State/Zip: Waltham,MA 02453
Policy 4 or Self-ins. Lie.h EWGCD000113117 Expiration Date: Dec 1, 2018
Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date).
Failure to secure coverage as required under Suction 25A of MG'il,c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verificatinn.
I do hereby certify,render the pains and penalties of perjury that/lie information provided above/v true and correct.
5ienalure' ( t�/ ��.�... Ua#e :,J%�iJ.; Jc�'
Phone 9: 781-246-0201
Official use on(v. Do not write in this area,to be completed by city or town uffTrial.
City or Town: Permit/License#
Issuing Authority(circle one):
1. Board of Health 2,Building Department 3.Cityrrown clerk 4. Licensing Board 5.Selectmen's Office
b.Other
Contact Person: Phone#:
%mw.mass,gov/dia
From: Anthony Guha anthony.guha@alprime.com
Subject: FW:Submission received for`Building Permit#35806
Date: May 11,2018 at 11:25 AM
To: Anthony A.Copani copanilaw@icloud.com
FYF
From: Town of North Andover, MA [mailtomoreply�viewpointclaud.cam]
Sent: Friday, May 11, 2018 10:05 AM
To: Anthony Guba
Subject: Submission received for *Building Permit #35806
Town of North Andover, MA
Record#35806 for*Building Permit has been submitted. Click below
to track its status.
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Powered by the Viewpoint Cloud platform
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*Building Permit—Biild'nng Permit
Your request is in progress
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APPIlCatio.n. Submission.
Required infoFmEffionvaTies, depending on who �s-applying fir a,building! permit..
Asp. pa ukirnhfil4ji UIN 6;)JAF-,5Ijf:-.A 45 ffW FIQU*UOIIQ-77
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Pilmary ContraCtDf
Search.for your contractor frifoTmation using the search bar below-rikher the Liconsoia Name or
License#is requlmd.
ANTHONY GUBA
.Liceme
CS-061814 11MV2019-
Construction SupenAsor
Liomn),t SYuhis Mai,`Jnq Ad4ivinr..
Active 136GI GoPden WaVe, Loap, Bee Cave TX 78738
Prc.A.--m7-ad Twil'o
512-745-6400 781-246-0201
zEnva."i
anthony,gubaWallprimg..com
Rill
Worker's Compensation Insurance Affidavit Builders/Contr-cictoi-s/Electi,icians`/Pluni.bers
To be filed with the permitting authority
Si? yol-t fi(i Jkny 1h;d riv.40L A.
1. I am cin ornf-Aoyer with PMPIOYOO.S.IfUll andior pafl-timQ)
7, New Construction
I am an employer that is providing workers' compensation insurance for my employees.
Below is the policy and job site information.
Failure to secure coverage as reqUired un-dor MG.-, c. 152. 25A is a ctirninal violation punishable by a
fine up to $1,500.00 and/or one-year imprisonment, as wetl as civil penalties in the, feirm of a STOP
WORK ORDER and a f iuo of up to $2 50.00 a day agn inst the violator. A copy of this st,-)tow-fit rn-ay be
forwarded to tho Office of Investigations of the DIA for insurance covorage, vorification,
HDI Ceding America Insurance Co.
ESGCDO00113117 12/01/201B
Workers' Compensation Affidavit Signature
hf I robi? o1A I fy Lo af!N: (J)Q P,1,415 flTh'i 14--,0 1 tw ,J ;.iii dal � Ww I)io in II oy I it,'-d I Oft A ii.� ""1 1 f If I; I i
underined
Project information
Persons contracting with unregistorod contractors do not have access to the. guaranty find. Foe
Schedule: Building Permit: Project Cost{;if now construction base on $125 por square foot and if
addftiorVaftef-cition/rL"ov,ntion base on actwil can fact price). PLC-CTRICAL: Movoment of Meter location.
mast or servico drop requires approval of Electrical Inspector.
'I`YTX Of fk-fa C.'d
Now Construction Now Building
Non-Residential Building Gas Station and Convenience More
JfAWD 14 W11 k' il I .1}0 rTy -i
fie to sewor, demo exstg store, construct new Yes
store, add fuel dispensers
Yes
vtjoll pll!_
310000
C.'*v W"', F11 uY-'erlk F, t?J n i'.1 k ii I'!p:-Jf arly, Y!tS Wt
Yes
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YES
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YES
4 ft- A� '1'30w-rxy. (M(A.. '-Pto'i66 A.J 'A"it IF 5
NO
Ardhi1r.ct1Eng4nG-r,,r. Nc-6rTi;-- Ad-drn.
Anthony Cuba, RE 13601 Golden Wave Loop, Bee Cave, TX
7873a
ArUijV-DcUC-rtginPi'jv Phcne NwTbc�v
r.312-745-6400 32727
Construction Dumpster Permit Application
For permission to lGcate dumpster for constructionlreiiovation/demoJition Of St-TUCtUre in accordance
with the provisions of M.G1. Chapter 10 as provided in Section: 527 CMR 34. Dumpstermust be 25'from
structure or covered With tarp or plywGod at and of workday.
Nam,,-n cff Dump-Aef F-7ampi-my Aft Afjph�-nib&?) A.
South Shore Disposal Corporation D7/30/2018
-, ii-h tl-1 q
CjQaj'jy PLdrPC45 -9 f"or vd
construction debris from demo of existing building
Insurance
INSURANCE COVERAGE,
1 fit-ive --a ruff eirfv finbf,111y in5iirrance pr0fry of
Yes
V;yas,Ind cate-tho type,0 ral-W-kTaT'j4_:
Liability
Zoning Bylaw Review Form
Town of North Andover Building Department
120 Fain Street
North Andover, MA.01845
Phone 978-688-9646 Fax 978-688.9542
1
Street: 1726 Turnpike Street Permit 36006
Map/Lot: MAP 107E Lot 56 Zoning District GB
Applicant; AnthonyA.Co and Esg.
Request: Demo Existing Bldg.,New Bld . Addi 2 fuel dispensers, upgrade fuel tanks
Date: Ma 22 2018
Please be advised that after review of your Application and Plans your Application is
DENIED for the faliawing Zonlna Bylaw reasons.
Zonin
Item Notes I Item Notes
A Lot Area F Frontage
t Lot area.Insufficient t Frontage insufficient
2 Lot Area Preexisfina X 2 N rcnta a Complies X
3 Lot Area Com lies 3 Preexisting frontage !
4 Insufficient Information 4 Insufficient Information
i3 Use 5 No access over Frontage
1 Allowed X Contiguous Building Area N/A
2 Not Allowed 1 I insufficient Area
3 Use Preexistin 2 Cam lies
4 S ecial Permit Required 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
1Ail setbacks cool I Hela Height
htng
Exceeds Maximum 1
2 Front Insufficient X 2 Complies X
3 Left Side Insufficient X 3 Preexisting Height
4 Right Side Insufficient X 4 Insufficient Information t
5 hear Insufficient I Building Coverage
6 Preexistin setbacks t I Coverage exceeds maximum
7 Insufficient Information 2 1 Covera a Complies X
LD Watershed 3 ' Coverage Preexisting
1 Not in Watershed X 4 1 Insufficient Information
2 In Watershed ,J I Sign N/A
3 Lot prior to 10/24194 1 Sin not allowed
4 Zone to be Determined 2 Sign Compiles
5 1 Insufficient Information 3 insufficient Information
E Historic District K Parking
1 In District review re aired 1 More Par*king Re aired
2 Not in district X 2 Parking Complies X
3 insufficient Information 3 Insufficient information 1
4 Pre-existing Parkin J
Remedy for the above Is checked below. 1
item# I Special ecial Permits Plannln Board heir�# Variance
Site Plan Ravlew S ecial Permit 92,3A Sefback
Access other than Frontage Special Permit Patrking
Fronta o Exception LotSpecial Permit Lo Area
Common Driveway Special Permit Height
Consre ate I-IGUSing special Permit St n
Continuing Care Retirement Special Permit Watershed
Independent Elderly Housing Special Permit Special Permits Zoning Board
Special Permit N�-Conformin "$e ZSA
opment District Planned Residential Special PermitPlanlal Pertmtt ®ecla Removal t Permit tlae not Pa edt but
Large Estate Condo special Permit
cial
ermi
Similar
R 6 Densi Spa lal Permit Special Permit for Sign i
Watershed Special Permit A2 Special permit for preexisting
nonconformin
5 ecial Permit(Fami Suite
f
The above review and attached explanation of such Is based on the plans and information submitted, No definitive
review and or advice shall be based on verbal explanations by the applicant norshail such verbal explanations by the
applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading
tnformalion,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to
be voided at the discretion of the Building Department,The attached document titled"Plan Review Narrative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for the above fiie.You must file a new permit application form and begin the permitting process.
F3ulldi Departme4ffid.18�1 ,rngApplicafian Rec®i plk�ti-ved � Ap -m Denied
Denial Sent
If Faxed Phone Number/Date:
Plait Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the
APPLICATION for the property Indicated on the reverse side;
�
�04g3�Fw+ fi4� yr +,
+�3't '�.14i+1r4.w¢i,
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A2 9.1 Non-Conforming Uses:Any lawfully non-conforming building or
structure and any lawfully non-conforming use of a building or land may be
continued in the same kind and manner and to the same extent as at the time it
became lawfully non"-conforming,but such building or use shalt not at any
time be changed,extended or enlarged except for a purpose permitted in the
zoning district in which such a building or use is situated,or except as may be
permitted by a Special Permit or otherwise by the North.Andover Board of
Appeals. Pre-existing non-conforming structures or uses,however,may be
extended or altered,provided that no such extension or alteration shall be
permitted unless there is a fording by the Board of Appeals that such change,
extension,or alteration shall not be substantially more detrimental than the
existing non-conforming use to the neighborhood.
C2,3,5 Table 2 Summary of Dimensional Requirements
Front setback required 100 feet Proposed 10 feet Variance 90 feet
Left side back required 40 feet Proposed 3 Feet Variance 37 feet
Town of North Andover Zoning Bylaw footnotes and Graphics
I. In all districts except Village Commercial and Corridor Development
District front setbacks along Route 114 shall me a minimum of 100
feet,the first 50 feet of front setbacks under this requirement shall be
made to provide an effective visual buffer and no parking shall be
permitted.
2. Adjacent to residential district,an additional 15 foot side or rear
setback shall be required. The first 15 feet of the total setback abutting
the residential district shall remain open and green,be suitable
landscaped,un-built upon„unpaved and not parked upon.
Referred To:
Fire x Heallh
Police X Zonlno Board
X Conservation Repartment of Public Works
% Plannin historical Commission
Other x 8uildin Department
AUTHORIZATION OF REPRESENTATION
A.L. Prime Energy Consultants, Inc., owner of record of 1725 Turnpike
Street, North Andover, Massachusetts, hereby authorize Attorney
Anthony A. Copani with an office at 265 Broadway, Methuen,
Massachusetts as our representative before the North Andover Zoning
Board of Appeals and before such other boards that are required for a
special permit and/or variance in order to relocate an existing structure
and to construct two additional fuel stations on the premises.
A.L. Prime Energy Consultants, Inc.,
By:
t 6
Anthony A. Co i, Esq. F
Authorized Re esentative
Date: July 5 , 2018
COPANI, TARLOW & CRANNEY
ATTORNEYS AT LAw
265 Broadway(Route 28)
ANTHONY A.COPAN[, ESQ. PARALEGALS
Methuen, MA 01844
DANIEL P.TARLOW, ESQ. MARGARET A. NORTON
TED CRANNEY, ESQ. MAUREEN WINSHIP
Tel:(978) 686-0010 9 Fax:(978)686-9473
LIE A. SOWINSKI
E-Mail: copanilaw@icioud.com
JU
DAVIT M. FEENEY, ESQ. DONNA L.COPANI
MEMORANDUM IN SUPPORT
of
APPLICANT'S REQUEST FOR VARIANCE AND SPECIAL PERMIT
The Applicant, A. L. Prime Energy Consultant, Inc., submits this memorandum in support of its
application for a Special Permit and Variance in order to relocate the existing minimart to a new
location and to add two fuel dispensing stations at 1725 Turnpike Street.
BACKGROUND
The Applicant presently operates an automobile filing station containing four fuel dispensing
stations and a minimart at the site. The Applicant acquired title to the property by deed of Jack
Ghazi, Trustee of the Jupiter Realty Trust, dated February 4, 2000,which was recorded at the
Registered Land Section of the Essex North Registry of Deeds, Certificate No, 13421, at Book
104, Page 3 81, a copy of which is attached with said application(s). Prior to acquiring title, the
Applicant petitioned the Zoning Board of Appeals for relief by way of a Variance and Special
Permit in order to make improvements on the property by removing the existing motor fuel
facility and installing new fuel dispensing stations in order to be competitive with other similar
businesses in the Town and along Route 114. Also, for relief to alter the existing valid non-
conforming building (minimart) and add a canopy over the gas islands and to allow for second
sign on the premises.
At a public hearing on June 22, 1999, the Zoning Board of Appeals voted to,
"GRANT a variance from the requirements of Section 7,P&I & 7.3, &7.8 relative to the
following: To allow relief of a setback of 100' from Rte. #114, the lot is only 90 feet deep at
deepest point;the proposed canopy is only 14'6" from front property line. To allow relief of a
setback of 25' plus 15 additional for abutting residential zone from rear line, both the existing
building and proposed canopy do not meet these setbacks. To allow for a 15' buffer along
property line abutting a residential zone. To allow a 50' setback from residence district, and limit
driveways to 30' wide which is not met as existing driveways exceed this, one being 73' and the
OFF M LOCATED iNMETHum AND ANDOVFA M&SACHUSFM
AN AssociAnow 0,w8oLrPftoPvPyoRswPsfNDLLc
other being 50'. And to GRANT a Special Permit for Section 9, P 9.2 to allow a canopy (s)
diesel and there shall be no signage on the canopy(s)." (Attached hereto is a copy of said
decision).
At a public hearing before the Zoning Board of Appeals on December 10, 2002,the Applicant
received relief by way of a Special Permit to extend the use of a pre-existing, non-conforming lot
in order to continue using a free-standing sign on the premises.
As a result, the Applicant has previously obtained all necessary dimensional Variances and
Special Permit(s) from the North Andover Zoning Board of Appeals in order to operate a motor
vehicle fuel dispensing station and minimart on the premises.
ZONING DISTRICT REQUIREMENTS
The property is located in a General Business District(GB) which pursuant to Article 4.131,
General Business District, paragraph 4. and Table:I Summary of Use Regulations, allows for the
use of the premises as an automobile filling station.
The dimensional requirements and request for relief of same are set forth with particularity in the
application for Variance. In further support of the request for Variance, the Applicant brings the
following to the Board's attention. As is apparent by observing the plans submitted with the
application, the locus is an irregularly shaped lot. Although the premises contain 390.81 feet of
frontage on Turnpike Street(which is more than 2x the frontage requirement of 150 feet in said
district),the lot is only 90 feet in width at its deepest point at the southwesterly side of the lot
and decreases to 29.49 feet at the northeasterly side. The irregular shape of this lot creates a
hardship preventing the applicant's compliance with the setback requirements as set forth in
Table 2: Summary of Dimensional Requirements and of the Town of North Andover Zoning
Bylaw Footnotes and Graphics, paragraph 1 and 2, and as recently further amended under
Section 195-8.9B. This hardship was acknowledged by the prior decision of the Zoning Board
of Appeals referred to above in the granting of a Variance.
More importantly, at the time of the grant of this Variance, the Applicant could not locate the
minimart at the southwesterly side of the lot because that was the location of a leaching field that
serviced the site. Since then, the premises are now serviced by Town sewer eliminating the
necessity of this leaching field. The proposed relocation of the minimart to the southwesterly
side of the lot(leaching field site)will.improve pedestrian access and traffic flow at the site. The
basis for the relief presently requested for non-compliance with the applicable setback
requirements are essentially the same factors that Board considered in its decision of 1999. The
proposal is to swap locations of the valid existing non-conforming structure and not to add an
additional structure or otherwise overburden the locus.
NON-CONFORMING STRUCTURE
E
Pursuant to section 9.1 Non-Conforming Uses, states, in part, that any non-conforming structure
which was lawfully in existence may continue subject to the provisions of this Bylaw. Pre-
OFFICES LOCATED INME•THUENAND ANDDYER,MASSACHUSErIS
ANASSoCNTloNOFSOLEPRDPRIETmsmiPSAN!uc
/ f
existing non-conforming structures, however, may be extended or altered provided that such
change, extension or alteration shall not be substantially more detrimental than the existing non-
conforming use to the neighborhood. The proposed improvements to the site, which includes the
relocation of the minimart to the Southeasterly side of the lot(the deepest point) and the addition
of two additional fuel stations will promote safer pedestrian access within the site and improve
traffic flow to, from and within the site. The additional fuel stations will lessen vehicular lines at
the pump. Although the Zoning Board of Appeals in its 1999 decision granted a variance to
allow the width of the two driveways to remain at 73 feet and 50 feet, the Applicant is proposing
to further reduce the width of the two entrances/exits by 30%keeping more in line with the
requirements set forth in Section 195-8.9B, (2) as amended. These proposed improvements will
allow the Applicant to update its operation and enhance the aesthetics at the site. The Applicant
requests that the Board make a finding that said alteration and extension will not be substantially
more detrimental to the neighborhood than the existing structure and that the irregular shape of
the lot creates a hardship and vote to grant the Special Permit and Variance.
Respectfully submitted,
On behalf of the Applicant
An any A. d ani, Esq.
OFFICES LOCH=xME unv AND AxDomF MASSACHUSL77S
AN ASsOCfAPION OFSOLEPROpRIEMRSHIPSAMD LLC
North Andover MIMAP April 17, 2018
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Roll Lino Watershed Protection.Dist M Bueina s 3 District Meters Data Sources:The data for this map was produced by Merrimack
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Interstate (;')'Medical Marquana 8 Gana Bus1noss Dieirdal North Andover.Additional date provided by the Executive Office of
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Historic District Cenlda Development Dlst d a'� a O Environmental AffairsfMosaGIS.The Information depicted on this map Is
Roads .11� L for planning purposes only.It may not be adequate for legal boundary
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aµu Easements Hydragra,phtc Features uulM Cordd Devalapman4 Dlmt ... MAKES NO WARRANTIES,EXPRESSED OR IMPLIED,CONCERNING
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t Lands M Industr t S Dislrlot o� roe :..r, t ASSUME ANY LIABILITYASSOCIATEO WITH THE USE OR MISUSE OF
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definidon or regulatory inimprate1fon THE TOWN OF NORTH ANDOVER
MARES NO WARRANTIES EXPRESSED OR IMPLIED CONCERNING
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4 OF THESE DATA THE TOWN OF NORTH ANDOVER DOES NOT a
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