HomeMy WebLinkAboutRecorded Decision 510-530 Turnpike Street - Decision - 530 TURNPIKE STREET 6/14/2021 Bk 16976 Pg181 #19548
06-14-2021 @ 11 : 24a
Town of North Andover - -
ZONING BOARD OF APPEALS -
D.Paul Koch Jr.,Esq.,Chai,-man Town Clark Timc Stamp
Ronn R.F*cn, i ire-Chmrman
Allan Cuscia,Clerk 460
Alexandria A.Jacobs,Esq.
Ellen P.McIntyre
_-4Swciate A-femberf
Michael T.Las
Steven R.Seide
Frank J.Killilea
This is to owafy that twenty(20)days
have elapsed from date of deo siW
Any appeal shall be filed within twenty Notice of Decision ytt,ait filing of an a a 070W
days after the date of tiling of this notice Calendar Year 2021t r
in the office of the Town Clerk pursuant u
to Mass. Gen.L. ch.40A, § 17 U.a+�
APPLICANT: APPLICATION DATE:
John F.McGarry, Trustee of Pico Trust April 15,2021
PROPERTY: HEARING DATE:
510-530 Turnpike Street May 11,2021
North Andover, MA 01845
Map 25, Parcel 64 PETITION:
2021-09
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicant, by application filed April 15, 2021,has requested a modification of previously approved
Variances pursuant to a Notice of Decision-Year 2003 for Petition 2003-007(Corrected Copy)recorded
at Essex (North) County Registry of Deeds Book 7917,Page 145. The modification being sought is to
amend the conditions imposed upon the approval;specifically,the Applicant seeks the elimination of
Condition#2("No portion of 510 or 530 Turnpike Street to be used for restaurant,or any food-related
retail business or fast food outlet; and no portion of 510 Turnpike Street to be used for medical doctor,
dentist,or other health care practitioner's office").
For the sake of clarity and removing all doubt,the Applicant is requesting a modification of previously-
approved Variances pursuant to a Notice of Decision-Year 2003 for Petition 2003-007
[originaUuncorrected copy] recorded at Essex(North)County Registry of Deeds Book 7819,Page 097.
The modification being sought is to amend the conditions imposed upon the approval;specifically,the
Applicant seeks the elimination of Condition#2("No portion of either 510 or 530 Turnpike to be used for
medical doctor,dentist, or other health care practitioner's office,restaurant,or any food-related retail
business or fast food outlet").
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 April 26,2021 and
May 03,2021.
The Board held a virtual public on Tuesday,May 11,2021 with respect to the Property,which is located
in the General Business ("GB")Zoning District.
The following plans and exhibits were submitted with the Application or at the public hearing:
PETITION 2021-09 A True Co : Page S of
_ P`
Town Clerk ��
Bk 16976 Pg182 #19548
Town of North Andover
ZONING BOARD OF APPEALS
(1) Memorandum in Support of Petition to Amend Existing Variances by Smolak&Vaughan,
undated,containing five(5)pages;
(2) ZBA Notice of Decision Year 2003 dated February 24,2003 (original/uncorrected copy)recorded
at Essex(North)County Registry of Deeds Book 7819,Page 097,containing two(2)pages;
(3) ZBA Notice of Decision Year 2003 dated June 16,2003 (corrected copy) with Memorandum re:
Corrections dated June 16,2003 recorded at Essex(North) County Registry of Deeds Book 7917,
Page 145,containing three(3)pages;
(4) Building Department Denial with attachments dated December 20,2002,containing eighteen(18)
pages;
(5) Parking Plan prepared by Landry Architects dated February 11,2003,containing one(1)page;
and
(6) Site Plan prepared by Christiansen& Sergi, Inc.,undated and unstamped, containing one(1)page
(A-I).
The Property is located at 5I0-530 Turnpike Street in the GB Zoning District. The Property is non-
conforming due to a condition that was imposed which limits certain otherwise permissible uses of the
Property that was included in the ZBA Decision granted in 2003.
II. FINDINGS/DISCUSSIONICONDITIONS
The Board has made careful study of the materials submitted and the information presented at the hearing.
The Board also notes that among the most significant issues that arose at the hearing included the
distinction between application for a modification or for a new variance; discussion of Applicant's
access/use of a parking area owned by an abutter, and efforting to understand the context of the 2003
variances/decision/conditions.
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 modification
of variance decision granted in 2003 in order to amend the conditions imposed upon the approval;
specifically,the Applicant seeks the elimination of Condition#2("No portion of 510 or 530 Turnpike
Street to be used for restaurant,or any food-related retail business or fast food outlet;and no portion of
510 Turnpike Street to be used for medical doctor, dentist, or other health care practitioner's office").
For the sake of clarity and removing all doubt,the Applicant is requesting a modification of previously-
approved Variances pursuant to a Notice of Decision-Year 2003 for Petition 2003-007
(original/uncorrected copy]recorded at Essex(North)County Registry of Deeds Book 7819,Page 097.
The modification being sought is to amend the conditions imposed upon the approval; specifically,the
Applicant seeks the elimination of Condition#2("No portion of either 510 or 530 Turnpike to be used for
medical doctor,dentist,or other health care practitioner's office,restaurant,or any food-related retail
business or fast food outlet")in the GB Zoning District in accordance with the plan(s),other material(s),
and testimony at the public hearing.
III. MOTION VOTE AND DECISION
On May 11,2021,the Board voted to close the public hearing.
PETITION 2021-09 Page 2 of4
Bk 16976 Pg183 #19548
Town of North Andover
ZONING BOARD OF APPEALS
A motion was made by Allan Cuscia and seconded by Michael T.Lis to Grant a Modification of a
Decision from February 24,2003, Petition 2003-007,of the Variance in order to amend the conditions
imposed upon the approval and eliminate Condition#2("No portion of 510 or 530 Turnpike Street to be
used for restaurant,or any food-related retail business or fast food outlet, and no portion of 510 Turnpike
Street to be used for medical doctor,dentist,or other health care practitioner's office").
For the sake of clarity and removing ail doubt,the Applicant is requesting a modification of previously-
approved Variances pursuant to a Notice of Decision-Year 2003 for Petition 2003-007
[original/uncorrected copy] recorded at Essex(North)County Registry of Deeds Book 7819,Page 097.
The modification being sought is to amend the conditions imposed upon the approval and eliminate
Condition#2("No portion of either 510 or 530 Turnpike to be used for medical doctor,dentist,or other
health care practitioner's office, restaurant,or any food-related retail business or fast food outlet")in the
GB Zoning District in accordance with the following plans and other materials:
(1) Memorandum in Support of Petition to Amend Existing Variances by Smolak&Vaughan,
undated,containing five(5)pages;
(2) ZBA Notice of Decision Year 2003 dated February 24, 2003 (original/uncorrected copy)recorded
at Essex (North)County Registry of Deeds Book 7819,Page 097,containing two(2)pages;
(3) ZBA Notice of Decision Year 2003 dated June 16,2003 (corrected copy)with Memorandum re:
Corrections dated June 16,2003 recorded at Essex(North)County Registry of Deeds Book 7917,
Page 145,containing three(3)pages;
(4) Building Department Denial with attachments dated December 20,2002,containing eighteen(IS)
pages;
(5) Parking Plan prepared by Landry Architects dated February 11,2003,containing one(1)page;
and
(6) Site Plan prepared by Christiansen& Sergi,Inc.,undated and unstamped,containing one(1)page
(A-1).
The voting members in favor of the modification of variance: D. Paul Koch,Jr.,Esq.,Allan Cuscia,
Alexandria A.Jacobs,Esq.,and
Michael T. Lis
The voting members against the modification of variance: Ellen P. McIntyre
The non-voting members present: Frank J.Killilea and Steven R. Seide
The Chairman declared the Board's vote to be 4-1 to GRANT THE MODIFICATION OF THE
VARIANCE.
North 14pdovekZoning Board of Appeals
D.Paul Koch Jr., sq.,Chairman
Ronn R.Faigen,Vice Chair
Allan Cuscia,Clerk
Ellen P. McIntyre
Alexandria A. Jacobs,Esq.
Michael T. Lis
Steven R. Seide
Frank J. Killilea
Decision 202I-09
EI0.530—pike s1rc —04 Dewwn"202105101pk-24—j
PETITION 202I-09 Page 3 of4
Bk 16976 Pg184 #19548
Town of North Andover
ZONING BOARD OF APPEALS
Notes:
L A decision granting a variance or a special permit shall not be in effect until a certified copy of the
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. A decision granting 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 a decision granting a variance are not exercised within one(1)
year of the date of the grant then such rights 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 the rights authorized by a
decision granting a special permit shall be deemed to have lapsed after a two(2)year period from the
date of the grant unless substantial use or construction has commenced.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
END OF DOCUMENT
PETITION 2021-09
Page 4 of 4
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E-RECORDED