HomeMy WebLinkAbout2003-02-11 ZBA Decision r
s Town of North Andover
F I t' rJ Office of the Zoning Board of Appeals 3r •".:.+- -`��• °°�. .
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LLERI{ Community Development and Services Division * .
O V 27 Charles street
North Andover, Massachusetts 01845
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D.�to ert i a b 'e Telephone(978)688-9541
Building Commissioner Fax(978)688-9542
Any appeal shall be filed Notice of Decision
within (20)days after the Year 2003
date of filing of this notice _
in the office of the Town Clerk. Property at: 510-530 Turn ike Street—Corrected Copy
NAME: John F.McGarry,401 Andover Street, HEARING(S): February 11,2003
Trustee for Pico Trust
ADDRESS: for premises at:510-530 Turnpike Street PETITION: 2003-007
North Andover,MA 01845 TYPING DATE:February 18,2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at
730 PM upon the application of John F. McGarry,401 Andover Street,trustee for Pico Trust,
for premises at:510-530 Turnpike Street,North Andover requesting a Variance from Section 8,
Paragraph 8.t(7), for relief from the requirements of off-street parking;and Table 2,footnote 1
from requirements of a street buffer zone for property with frontage on the Northeast side of
Turnpike Street within the GB zoning district,
The following members were present: Walter F. Soule,Robert P.Ford,Ellen P.McIntyre,and
George M. Earley, John M. Pallone recused himself.
Upon a motion by Robert P.Ford and 2"a by Ellen P.McIntyre,the Board voted to GRANT the
Variance for relief from Section 8,Paragraph 8.1(7)of 11.5'width for the one way driveway on
the southeast side of 530 Turnpike Street,and from Table 2,Footnote I of 39.5' for a landscape
buffer to match the setback on adjacent properties per Parking Plan of Property located at:510&
530 Turnpike Street,North Andover,MA by Richard Ernest Landry,R.A.#4496,Landry
Architects,389 Main St.2°a Floor,Salem,NH 03079 and Philip G. Christiansen,C.E. #28895,
Christiansen&Segi, 160 Sumner Street,Haverhill,MA 01830,dated 1/20/03 on condition that:
(1)space 115 be eliminated and painted with"No Parking"(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(3)ploughed snow will not use any parking spaces or block any
traffic aisles and excess amounts of snow will be trucked away. Voting in favor: Walter F. Soule,
Robert P. Ford,Ellen P. McIntyre, and George M.Earley.
The Board Finds that the applicant's Grant of Easement by PBJ Development Corporation granting
to Pico Trust,recorded at the Essex Registry of Deeds North District Book 4364,Page 308,the
right and easement to park vehicles in the south west portion of the Grantor's parcel,spaces I
through 25,satisfies the requirements of Section 8,Paragraph.8.1.1; for 127 parking spaces and
that the granting of this Variance w411 not adversely affect the neighborhood or derogate from the
intent and purpose of the Zoning Bylaw and that the applicant has satisfied the provisions of
Section 8,Paragraph 8.11.7,and Table 2,Footnote I of the Zoning Bylaw and that such change,
extension or alteration shall not be substantially more detrimental than the existing parking-lot.
Page ] of 2
Board of App"1 978-688 9541 Building 978.688-9545 Conservation 978.688-9530 Health 978.688.9540 Planning 979-698.9535
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Town of North Andover : ;�
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Office of the Zoning Board of Appeals o= ` °�
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Community Development and Services Division ;, s
27 Charles Street
North Andover,Massachusetts 01845 �•�s" °''F
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D. Robert Nicetta Telephone(978)688-954I
Building Commissioner Fax(978)688-9542
Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the
date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing.
Furthermore,if a Special Permit granted under the provisions contained herein 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,it shall Iapse and may be re-established
only after notice,and a new hearing.
Town of North Andover
Board of Appeals,-
Walter F. Soule,Vice Chairman
Decision 2003-007Corrected Copy
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Page 2 of 2 -
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Board of Appeals 978.688-9541 Boilding978.688-9545 Conservation M'-088-9530 Health 978-689.9540 Planning 978.688-9535
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Town of North Andover , rioR>M
O AL�o•r�'�Y
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street Too
North Andover, Massachusetts 01845 �'�s�cu
1), Robert Nicetta Telephone(978)688-9541
1301ding Commissioner Memorandum Fax(978)688-9542
To: Pico Trust =
530 Turnpike Street - �
North Andover,MA 01845
From: Walter F. Soule,Vice Chairman
North Andover Zoning Board of Appeals " 7
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1u
June 16,2003
Subject: Correction for petition 42003-007
Please be advised that this is a memo for record to correct the verbiage from
"(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"to(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 following petition
2003-007 for premises at: 510-530 Turnpike Street,North Andover,MA 01845.
Reference the following paragraph of said decision to show correction made:
Upon a motion by Robert P.Ford and 2°d by Ellen P. McIntyre,the Board voted to
GRANT the Variance for relief from Section 8,Paragraph 8.1(7)of 11.5'width for the one way
driveway on the southeast side.of 530 Turnpike Street,and from Table 2,Footnote 1 of 39.5' for a
landscape buffer to match the setback on adjacent properties per Parking Plan of Property located
at: 510&530 Turnpike Street,North Andover, MA by Richard Ernest Landry,R.X#4496,
Landry Architects,389 Main St.2"a Floor,Salem,NH 03079 and Philip G. Christiansen,C.E
928895, Christiansen&Sergi, 160 Summer Street,Haverhill,MA 01830,dated 1/20/03 on
condition that: (1)space 115 be eliminated and painted with"No Parking"(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(3)ploughed snow will not use any parking spaces or
block any traffic aisles and excess amounts of snow will be trucked away. Voting in favor:
Walter F. Soule,Robert P. Ford,Ellen P.McIntyre,and George M.Earley.
By order of the Zoning Board of Appeals,
'"(a4z
Walter F.Soule, Vice Chairman
Board of Appenfs 978.688=9541 Building 978-688.9545 Conservation 978-688-9530 Health 978.688-9540 Planning 978-688-9535