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Home My WebLink About- Correspondence - 1725 TURNPIKE STREET 7/9/2018 COPANI, TARLOW & CMNNEY ATTORNEYS AT LAw ANTHONY A.COPAN], ESQ, 265 Broadway(Route 28) PARALEGALS MA 01844 DANIEL P.TARLOW, ESQ. Methuen, MARGARET A. NORTON TED CRANNEY, ESQ. MAUREEN WINSHIP Tel; (978) 686-0010 9 Fax:(978)686-9473 E-Mail: copanilaw@icioud.com JULIE A. SOWINSKI DAVID 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 381, 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&.1 & 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 3 0' wide which is not met as existing driveways exceed this, one being 73' and the OFFICLY LOCATED INMETHMV AND ANDovFA AfASSACHUSyM AyAssocimav 0FSoLrPR0PNM)tS111PSANDLLC 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 properly is located in a General Business District(GB) which pursuant to Article 4.131, General Business District, paragraph 4. and Table:1 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 195-8.913. 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 INMETHUEN ANOANDOPER,MASSACHUSEM AN Assoc L4Tav OFSQLE PnopmEmRSNlPS.&D IJ.0 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 t:.t. An'ftiony A. Cd ani, Esq. OPFICCSL,OCATF,D INMETHUEN AND AxDOmEk MASSACHumm AN A•4SOCLITTON OFSOLEPROPRIETORSNIPSAND LLC