HomeMy WebLinkAbout1990-06-29 Application SPR (4.30.90) (2) APPLICATION TO TIFF., POAUf ING BOAOD FOR
A PUBLIC HEARING TO BS HELD WITH REGARD TO
THE RECONSIDERATION OF 20NING BOARD' S DENIAL OF VARIANCE .
April 3 , 1990
Tho- purpose of this app.licatyion is to eAiuw materiaJ and
opecific changes between the petition danied by the Zoning Board
of Appeals on April 11 , 1989 and tho rehearing of: the petition hold
on May 9 , 1989 at which the rC'-quostred varianc.o was granted . Prior
to the hearing of the Zoning Board of Appeals on April 11 , 1989 ,
the Chairman wrnt,�' to the State Departiiiont of Public: Works,
District 5, for comment. In a letter dated Qril 6 , 1989 ,
postmarked April 10 , 1989, and received April 12 , 1989 ; Mr. David
Wilson, District Highway Engineer responded . Th i f letter is
attached hereto, designated Exhibit "A" . The uodczrsigned was t.nnt
a copy of this letter by the Zoning Board of Appeals . Upon ruc:cipt
the undersigned sent a Intt_er dated April 27 , 1969 requesting that
the Zoning Board of Appeals rescind its vote and reconsider the
petition in light of the now evidence available to it . fNiis letter
is appended hereto and designated Exhibit "a" . This request was
granted on May 9 , 1989 the Zoning Board of Appeals rescinded its
earlier vote and granted the variance .
"Spemwi>~io and material changes in th(? conditions upon Which
the previous unfavor,ablo action was based1° ( g 10 . 8 N . A . Zoning By
Law) in this case is the unavailability of the Slate Department of
Public Works letter. Wh n the letter in question was received,
the Zoning Board of Appeals realizing its implications, forwarded
name to counsel (ExhiRt "C" ) and subsequently agre3ed to reconsider
its previous negative action. Tht-- contents of thc- letter- in
question (Exhibit "A") is both a "Specific apd material changn . . . 71
this is amply suppor'tod by the actions of the Zoning Board of
Appeals . It one were to specQlat'e the concx.].aVon that leaps to th(e�
forefront is that if tho Zoning Board of Appeals had racei.ved the
Department of Public Works latter prior to its April. ment=it)g it.
would have granted thn variance . However, the € nttar as can be
seen from a reading aid the minutes and dacioions of both wnaoin,;
(Uhibit "D91 attached) answered qunnt.ions of the Zoning Board of
Appeals with ro{;pe ut, to tho 100 foot F rPt back re-quirenient and
traffic impact .
It appears that tile litter from the State Department of Public
Works fulti-lls the requirements containod in �10 . 8 of the North
Andover Zoning By Law. Correspondence from the Town Planner is
attached for the convenience of the Board .ie spor t u lly submitted,
Donald Johnston
By hi Attornoy
1avid '3 �
36 T,awr•on e St.
Lawrence, MA 01840
i
-//1401/ U 09�?Illylll 6&171966F ae X01m rlyj
6 111�r A
419.5 MAPLE STREET, nANVERS aM23
NORTH APDOVER ROUTE 114
April 6 , 089
Mr. Frank Spric Jr. , Chairman
Board of App(!u1s
Own 1511
North Andover, MA. 01845
bear mr Sprio;
AS rmquA E:o your letter and nNin request of Orch 21-4h E:f) corminnil. (;El Polk'-1141
JUh13-'3(:O11 '-- petitiOn at 1717 QunPM StrOeL (Rowe 116 ) , lin- an Ock variances .
Se following may ba pervinenL:
1 . We uonder uhy the ruar propmy IMP unuld nip; hP ext "ndnd 01)iolnow''t'
sme wall thereby gaining nu addiiinu& Sirty (K) Ityl- mice ur low"
of fronvagn set back.
We would p r c'fe r an ,i I E erriro-v d 12�;i it 4)1' n cc C ss fi u i ve�;, f)f k lul I 'r;1lowsi
on Hic site plar[, to a single enurn= and it All be cur requirument
when au accew drivp , permit is roquestmi .
3. Ile pormit plan wruld require additional devaUs: presem rwidmiy
edges , striping , P.It reference haw line} extending three luindred
{300 ±) fi,,fit nior(s cir les-, on Cite wesihound mut easuRnmd sf& cA Lhe
properly locus.
4. Wo. are pleased Co coopt-r-nie wirh 01r, Tin'.11 1"oar(k.; irL sIri.v rwilim!r. lh,11:
effects traffic and, safeLy un state highways .
Very truly yours,
1):ivid .1 . Vilson
Erigilleer
.= u aFiroy. m
IeMLnemwae �w m,
O3VARTMEwl OF PUBLIC 'VORKS
#, MAPLE 5T,. ItArElIORNIL, . 29 ` . L
MR. FRadT SEEIO J. . C DID>K
S
R' &§COVER. MA. g:843
�
H LII11 1LE L LI I I
�
DAVID tJ. BAIN, JR,
AjT(jitP;Eil' AT LAW
LAWR1:N(,E, A SSA GIIIJ Z'�U-P'rS 0110I[}
{tiaFM}4 VI-Milla
April 27, 1989
Cyr. Frank J . serio, Jr .
chairman
North Andover Zoning Board of Appeals
"town Mall
North Andover, MA 01845
Re: Petition of Donald Johnston
Property located at 1717 Turnpike Street,
(Z8A Case No. 44-89)
Request .to x� or�sicic�rat:ic�n.
Dear Mr. Ser).44o advised '
l yy that
{ 7 `'y 3'yy y+ y{ f, Y y+ }y {y yyy}
Please be advised ' hat he 1-L111,1ersignod 1���1�����YiL�_=a IlQiFald
Johnston who appeared bgfore the Zoning Board of Appeals in Case
No. 44-89 on Karch 14 , 1959 and on April 11 , 1989 . The Board voted
to daisy tho variances reg6ested by the Petitioner at the April ilt h
meeting .
A letter from the Hassachusotrt:s %part:ment of Public Works,
District 5 , dated April 6, 1989 , postmarked April 10, 1989 was
received by the Board of, Appeals on April 12 , 1989 . A copy of this
letter is attached hereto. The letter signed by District Highway
Enginc or, David J . Wilson contains evidence of the opinion of the
State Department W Public Works which was not available to the
RnarU daring its deliberations, although it; was requested by you
in a letter of March 29 , 1989 .
Mr. wil son ' rs lettnr` i :; c! t rnm#'Iy got]TEfsn , not only for what--
it contains, but also for what it does not address. The issue
raised in paragraph 1. of tho lat:tor wao anowerod at tho hr.'aring .
'rhe f'ctitioner is not the owner of the land between the rear
property line and this 2t onr wall . Although overLures have bcc_n
matte to acquire this strip, they have not been favor ably responded
to .
'1hn J3oir(j it.olf raised the issue contained in paragraph 2 and
considered making it a r•t3quiroment. The Petitioner ccr-t;ainly has,
and had no objection to this . The additional details requested by
Paragraph l of Mr. Wilson 's letter are not a problem and Could be
addressed in the Site plan review phase.
Mr. Wilson ' s letter was silent with respect to traffic safety
issues. A fair inference t0 be drawn from this silence in that the
proposed Structure and use is regarded by the state Department of
Public Works an of minimal intensity and there ore o£ minimal
Impact,
The Petitioner roquosts the Board to rescind its vote of April
11 , 1989 and to reconsider the Petition in light of this new
evidence . .
Respectfully submitted.
Donald Johnston,
By his attorney,
vid J. Bain, Jr. , Esq.
34 Iaw£ence street
Lawrence, MA 01840
S;�ItrFF 'k
VP 't r
�.
TOWN OF NOR'TfI ANDOVER
MEA$SACHUSE,TTS
BOARD OF APPEALS
Attorney David Bain, .Jr.
6 Lawrenen Street
Lawrence , MA 01842
RE: Donald Johnston, 1717 Turnpike St . , North Andover, MA { IH45
Dear Attorney Bain
Enclosed please Find a copy of a Letter received by our office from Mr.
David J. Wilson, District Highway kngineer for the Commnnwenith of
i aasachusens, wepartment of. Vublic Works regarding the above petition.
We feel thAt this way he of some help to his client ghouid he desire
to reapply with z new Petition.
BOARD OF APPEALS
drank S io, ,fr.
Chairman
Enc.
OWL
n
Y aAF { � fiicCt ' 4•`/.*FL�1Y t�4 > TOWN l_;1
. :arcs ;t KORT}1 A.,i}UYLR
(late (7f rf.:r�a.� •*�'""
hilts ctfCE? APRZU 139
41 jj�e ()fflcev of the Ylx TOWN Off' NORTH � NDOVER
C:ier k. 141ASSA CHUSE'171'S
BOARD QF APPEALS
NOTICE OF € ECISIO I ,
Donald Johnston
1 i 4 Eio::Lozi 5(=.
N. Andover , MA 018451: ? .l `}Fi`��}, -
Petition No.. . . . . , . A—,�9 - - - - - - - - -
riate of Hearing. -I l F .
petWon O DODald -JC}hlw1 tgcl.
Premises affected - - - , -1717, T.Urn1ii.ke- Strenl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Merring W thy+ above patition Lor a var4ition from Ease mjuimmenta of ffiwL. Sec.t 10ti , 7,- . , -
Paragraph 7. 1, 7 . 3 and Table 2 of tE)L� Zviiitig Bylaus
sa aF3 tO permit ra.I.-i,oE -❑E. tqua re. foc).Tage - of- .lot , - Front: -sQtback .and - re.r, -gctbaruk In
order, for coustruction of building,
Al ter 'e public hearing gireLi on the.abovo date, tiro Bonrd olr A#,#xeaLi voled to -]II:NY. . . . . . the
. . . . . . . . .vari1 . . . f1 i .; .
. . . . . . . , , .qpgxl?Rw yxA341H!(Wn IA74kikhmk tq?Tx x"jow.x�xx
€MKL(c xVLX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .
Sign rd
Jr
Aa,f wzt1 ne .NiL:kc�r'buo, . C.l €irk . . . . .
titiiLI1;11. SttI I IV III . . . . .
iutt l t!. .
Board of !1 ppcafA
rA5Y appo-al Shall be filed UA�lyt��E L a DNG
vvit yin f ox days after the � " , "� Nf1 O it rt�E€r w'Ei�
i , .Q a if
date of Winu of this Notice
In tile 01ficc of the Town
29
Clerk,
�^�.4f4C'r51r4{�
TOWN OF N0R'r'H AN 0VFR
MASSAC:HUSr'1'Y�
130ARD OF APPEALS
Donald Johnston I'EtiKon: 944-89
114 Boston St.
N. Andover, MA 01845 � I]L f 1S1{1N
�e
T€ a Board of Appeals held a public hearing on Tuesday evening, March 14 , 1989
and April 11 , 1989 upon the applicaLioR of Donald .f(ahnscon e-e€luesting a variaace
from the requirements of Section 7 , Paragraph 7. 1 , 7. 2 and 'Fable 2 of the Zuniny
Bylaw; so as to permit relief of fiquare footage of lot , franc setback and rear
setback in order for canstructi.on of building uji the prezrtises located at 1.717
Turnpike SCreet, The following members were pCeSeat_ ;laic€ VULITll;: Frank SeCiv, jr. ,
Chairman, Alfred Frizelle, Vice--chairman, Augunine Nickerson, E.l.UVk, WillialEr
Su11Jvan and Walter Sou1e.
The hearing was advertised ip: Gaye North Andover Glt.1 en can February 23, 1969
and March 2, 1989 anti all abutters were notified by regular uaaM
Upon a Euotion made by Mr. Sonia and seconded by Mr. Fri.ze lle, the Eir.rard vof:n !
to grant the variances subject to the following conditions:
1. Only one way' in and out of the site .
2 . The State ayeera to thi; OTle W,ty fal rareaE rrllt .
3, The Board of Appeals see the rev f !;ed plans
before the building permit is issued.
The vote wan as f,o11ows: In. favor, Mr. SerA(}, Hr. f=r17eI I :soil Hr. sou 1L.
oppos€41.1 Mr. Nickel-,on .and Mr , S111, 3 .tvan
Lherefoirc the petition is DEKLD.
The Board did noE: hear allyChiLlg from the Massachusetts bapart:rfenr of Public Wnrks
��ncl felt that (-,he pramise; would he too CIUSe to tftc ll i€;la'aZly . 'f1r0 fi(r.rril i Erich;
chat Che petitioncr 11as trot sarjnfiad -t€rc provi;foes of Senfcou f.[}, Parnorraph 1031
of the Zoning- Bylaws and tlae granting of t_Eslm varlonce would deroynt€s from the!
intent and purposes of the Zoning Bylaw :arse{ would :advirrsely affrtct t€rc rtts};€a1}c,rlrc,��cl.
Date€! tlkis 20th day of April, 1489
WARD OF APPEALS
E`r. ak 5crlor fir ,
Chestnut Apen - con°d l';t};e S
now and ON parking would be right he hi"d this fe ncc, el itnwoug Nrt$!I{`. of the green space.
The traffic study has been done. Th n +Cate ieel.. LhlaL they may some day wish ral wEdet3
` Routo 114, it would be ou the other sine of Lhe Food . The hardship is that the p ticlovej.
want; to survQ their customers bettnr. The parking right now is lt}guFficient at the
pre;ant time and this psVition wouN clViRaLe that problem, There are three (1) rvudu
buildings involved in glib petition. Mr, hiuke}rEun asked if a"y parking could he pn
in the back A the huil[hAgs. Attorney Willis sC. ued thaL jr lR more inLense Ann hefory
and he does un feel Lhat the parking could he Put any n0hher place . The design by the
State indicates that any expnnnian k'a7q]ld be on the othter Side} of Lhe hifFltWay . Some col" tQ
tenants now park In the church parking lot , Many of the condo auner; ;'poke in favor of thhlti
petition sooting that they do not want to have En park on Iti .hlsIde Road , :auruns the ;tre,
from the camplex, they uoul_dl raCher park an they own property . The h.lydshtir in tar the
patients A the { doers located In the coodu cnmplex. knnv of Lhe condo owners n3,"kv in
favar of this peNtion. Hulldtng Enspectur , Robert NicttLa trvMWPd rhat IN NaLe IMP
[nusi be rsutified of Chit and Lhe QPnrr. rh 1t i t CoUl{I li VC on Lhe State heiglaWay, ,'erect h asnud
by Chem first. Officer David Rand ,pnkn sont [ng that there is a sLrlctly left-hand corn
and whey have a lot of accidens In that gpor . Thn rnrs Naving try to team right th3il_;
causing an accident .
Mr. Sullivan asked if the island could ho padn no [3r V no one could Lucu kefA officer hw nd
said no, because an island cannot he put in without the Title }, Hu suggesLud that this ha '
continued and have it checked With Lhe € PW befurn anything is done , and get their ':4tlggenrion '
Mr. Vivenzio asked whey the petltialt} had Ki led the lost Nme it was preNe nte}d Lo the Ru ard ,
and plc. Scric LaLed that Chore were 2 in favor . ? cola€ us Led and ane nbstainvd, therefore
it could noC he passed . One abutter started that Ne laauple are parking parrnlol now fit
this area and U they are allaw€d to pork correctly , it will iarcranne the afetiV of QLh
area. Acrorney Willis said that the cundu €keoplc would ha ha pply tie {'[imply with any
coIlditions the Berard want:. The perfrioner his done jugL atbauL everyLh fug thlsaL they could
to make the area safe, and they am wi l l io g to moot with the State Title a €rauple,
Upon a motion made by Mr. Viversdo and socu[Edud by Mr. Sullivan , Lhe € oalyd VaLed Lo
continue thin hearing ;a further Imput from the State could ld be revicied a"dl the Board -
would have Cute to look at the old AeciE lon. { i [I favvr ; Sullivan, Nivk"rann, a "d Viven in
against ; FrUelle and O'Cannor) ;
Donald johrimton - Variance - I717 Turneiku Vrvot
Legal notice read by Me. Mi<ckerson. Artoruey €D; vid Bain gpolke for the peclLiuner . He
showed the Board plans of the I.a>'nd and the buildinj. The basic problem if the size ,
shape and topography of than lot, The 100' from m setback is the wursL problem. They have
enough parking. The conditions if this lot constitute at severe ;labs€ghrip an dufined by
Massachusetts Geneyal Laws , seat}:ter AAA, cLion - !U.'T€Ie prnpn;nd hull{ ing N of a nize
and design appropriate for such A lot as evidcnced by t:hu fan Nor only 164 U rho lr}r
is devoted to it . The petitioner fell `; Lh = rhis Lelae of hullding would fit ir1ruly 01
thn neighborhood and warltld A n r.0ntt-1hcrt1n9 factor La Lhe %Wn . Th" pvtirinner has
tried to buy a aLrip of land :adjoining rhoir ]nod h"t the cw"er would not rail it . My ,
Stria qunSt ionud the nuth ack a mo int;, and At rurnvy 1Sa N tcL'alLed that this bui ld ing would
ld
only Lake up 16% of He lut. ter. Nickernnn .area] Nr. Hinnin .axked AmE is Whim, thin Isar ,
and Awornvy Bain said ;most Is Stun I0"d tartd r;oMe rVnIdOUL101 . he thinks but do not
feel anyone could duvulup this land in rho back. Arrornvy UK Raid this in a GH 'l.[ a"r
Mr. Frimulie said that the location lu -lUU' from Banton Road worst near Burry Strent .
Mr. Serio ticked if anyone cats in favor of rhi_, ] vtOlun? A yvssiden of Suli [unn Streor
Stated that he thnught It would ba ,r good Ideas to hava o rnnvlsteC{•ncn store in :hu nefD;hbor-
haoud . The bmali dell what was., on kcoute ] Ili has a: Iumod n"d unu 1n "ceded. .-Ire . Nutter ,
diaughocr of the peltioner spoke and said it would he a f<' mily npvrarinu . trornoy Bahl
pressed Met Her that if this is D,rvnted. it would he the righr wny to uqe rhi; €nrricu1Ar
lot and the 'Town would have a mice hwile€i. g .illd Improve than itr. .
kit. Serin asked it anyone 4,am opponed to this put i t: io[l? officer H avc Rand spoke said that:
Route W is a Lea E& problem. He ate ked whar rurb rurn would he aluedud and Mr . Series
said r.hatt curb cuts rna,lv from the St.ite} and Lhait is thu Plonning Honrd ' g pa"oIatan rn vnlvv
lohzn;ton - COLI' € Page 6
Officer Rand stressed that nccy nead a C;[]1i:plete .Land lending into the parking `;pacer;
and need agress and egress lann; for safety yurpores. Attorney Bain said that he wL11
go to Mr. Wngelo at District 5 to sce whir is ilanded and try to cvmply� Of4c r Raud
said that every Lime a small busines: opened up can Route 114 , the traffic is tied up for
a long time and it is very hazardous for Chris ; vQa so we need an egress and agcens for
this p roporCy.
Upon a arit]tion n4adp by rijr. l irzelle and seconded by Hr. Nickerson. Lhe Board vned to
Coke this matter UNDER RDVTSFMTNT. (Snrio, k•rimelY, Vickersoo. Sullivan and Soule)
1,U)i3,1C 1E3;ARI.NG
Rotilld A. MCI-iran - Variance €64 Sutton St .
Mr. Nicetta, Building Inspector, ofaa)kv and 8tatcd On the tkrQA was W ighr With] ]hill ,
The parking spaces shown an the original acre:.: .and SCcatt Stocicfngy' s reffgtaVed the site
plan and they reduced the parking spaces re five (5) . ,'la: . NicetLa looked of Cho letter
of Scotus and could not Fi. d any0hing about live (5) spa em. Mr . €Vicetia's main concert)
in with the amount of traffic in this spot . He sraid they nry do busy at the Salem, N. H.
stare, Lh aL the Crafh.ic is lined up waiting to got In. His oCh nu concern In coming neat
on Ashland Street from Lhe site. The Palicn D(`patt4 eat dressed that with A Sutton Street
entrance , it would be very hazardous because of theu Yighkt-turn only on Sutton Sheet .
Officer Ranh ntated that Sutton Strad Is Che entrance :and exit Co dr)i,ntown North] Andover
and htan a Int of traffic and une mare thing to Impact this atrQn is one thh€aid; tots many.
He Uressed Chat the right-Lure only on Sutton Waet to Mahn Street is ceedec3 and co
not feel that mare traffic ctauld he handled . People would 9u ncrusN the trnckn an
Ashland Screet when heading Wr hawreucu . Chris Huntrs sq, f•:rtvironment;al Planner. said
he spoke Lo Scott Stocking. Planner, about thu site and dice n{at War him may anything
' about five (5) parking sfrace&. He feels that it iR n traffic hazard .
Mr. Serio asked if anyone was in favor car opposed to this pnt,itj"na
Mr. Merino showed the originAl p1sns to the Hama- He sctks relief from R--4 vane far
glass co and R-4 zone for street . He sa ld h can show wiry it wcn; from It sE�, eNs Co A.have 36 areaF; and Iv Cakes 1� Mint1tr-q to iIO i IUb-L , Th (2' ?Corr[ ; rlWY WOO h ch tit. nls+•it wUjr E(j
not conflict with the major rrafHc . A traffic study was done and wns nut required :arty!
it Stilted that the egress :and e`ntrt"rn u' rah own are thn War for this site . They Ilan
addransed every issus that the Tawn has L't±gUeSLed and all] not fetJ that 50-0 mart` cays ar
day will affect the traffics flow that much. The zoning is cor.-recC for this, taut need
relief because of the land shape. Claims that sir. €]e}ctageho sild Lhrat Lhe number- of rars
Involved would not overload he area . Friday and `nrurdiy are the hirsleNt days of the
week with Kum 60 cars serhchd. UffIcer Rand ;r d that he had .:ten the ad an TV for
this kind of cube jab and it seems t,•i'ung beczaunv of the traff ices Impact an the "Pnun. l t
is a dangerans spat. Mr. Metino oafs Chart ;Host people get an oil r3rangr vhi lc• rhoy nre
out doing ..omething else, we are not trying to rrvntc to desti"ation location hot nowd
CD btu ovar the Center oF th Town. Officer Funsac} % tic€ that on Ire.. visit to thin Wh uun
lanninn, Gore were 24 cars' id front of the rite wrtiting fur service and Nuvth ,ludover
could rota handle c-htjs.
Letter from N. A. Fire Department read by Mr , Nickerson (sup f f 1p) ,
Dpoo a motion made by Mr. larizel 1p and .cecondod by Mr. Nic•34uMon. We Board voted .
unanimously, to take His mAtev UNDER AUVf `,3NKTASerio , Nickurgon , FrQuilu, Sc "K.
and Sullivan) .
Antonio S -Franciscia Nfc_olnni - _ Sp -Itl 3',-r-In,ft =��a:� ;irttC= Street
13poal a motion made by Mr. Fri ar] he and euondc d by Mr. Ri ssin, the Hoard vnte j,
unan1 ma"sIy, to ail Iow Che pet1t tone r to WETHD RAW THE VAR€r'c,(rE ETH4}UT PRE.-I0111CF. cure]
�= .Iil be "P' t 1.1
f L j.4' a '
!
OL
TOWN OF NQTrFH ANDOVER
NLASSACHUSEITS
BOARD OF APPEALS
NOTICE OF DECISION
ataJ.cl .io€o�tstoi�
.4 HeL;toil Sr . I]riko " " CEery it, 19-B.9
X'e#itiusti NO— !+147"8_`. " . . . . . , " " . .
L)aw of IIcarhig. . . AP.ri 1 . i 1.,. "].')f'0
R1,6 ONS i€3ERAT FOIE: May `J , 1989
atifiol q ilon�xti IoE] s,kSoTt. , , , , ,
Promia aflocfad . , , �.7�7" TIWWIkPg5t�EM . . . . . . . . . . . . . . I . . . . . " " . . 6 . . . . ,. . . . . . . . . . . . . . . . . . .
Referring to ffie above pititi rl fqr a variatiaii frank the requirements of the . " . " " . " " " . . . . . ,
S ou, 7,. Para 9]:aPh T.3. ,and .'iWUp- .2 . of. .t.€ a .Zoulne".1YIaw. . . . . . . . . . . . . . . . . .
so a$ to poruif , " .reiief. uf -square ,fuotagre" .of - lot Iron sa—.hack- and. .rcar . se.t.11;irk"
n or,rfor .fOr- Cmis true t1an -of, bull_dfng. . , , . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . .
Affcr a public hoaiing given on the above dziCc, 0pe Board of AppeaJ8 voted to .G1tAN-1. . . . . . tho
jar i.aLzces as requesteti assd 11areby r#uffiotize tho Budding Irtdpectur to iL39uo n
Pepirdt to , , , Do naId- J oh nstors . . , , " . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for tho co atruction of the above work, baj�ed Upon the following conditionFi.
1. ()Illy one way in and out irT the s6_c .
1. The State agreca to this One w:'y J." i"'d
3. '!611e Board of Appeals see the revised
of ,-ame before the buildhig perrol E is is23Lfr d,
e4 , f'1,iits be saibMittcd for sii;c veview.
L(;rtcd '
iilir1M .43LL111v;311, !lt'i- €TI (.t1:lCa"1M411
W a I f; Z " S 0 41 Liz . . . " . . . . . . . . . . .
f1min .0' (;ia11ikor .
Board of Appeafa
tile
dai0 0 lid"R
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TOWN OF NORTI-i ANDOVE'R
MASS ACi~ USETTS
BOARD OF APPEAL
€}011,11d ,Jia{LrxstUll E ECONSl.D3-:itAT30N
14 Boston sorrier
t\?. Ancinver, MA 01845
The Board o€ Appeals held a public_ hearing on Tuesday evening, March 14 . 1989 and
April 11, 1989 upun the applicaVion of D[kWd Johnston requesting a vavia nun i rolsk
tK requifemants of S€'c_OW 7 , Paragraph l . 1 , 7 . 1 and Table 2 of Lhe Zon l ng Bylaw
Aso as to periiitt Wipf of square fta€stage of Jou , fronr setback and ream s tbaack Q
Order for consrrutt=ion of bulltftng on We premises Joc_aatad no 1717 7'ucnLike
Street. Upon a motion made by Mr. Some and sec.ondud by Mr. Frizellex, Ke Board
voted to grann the variances rsubi c't r.o several conditlunts, but the vote for this
was three in favor and two opposed , so the peal Ken wa; sl['l Qdl .
A i.etter was r.eccivcd from Annorne,y David llaN raquesting a recon0deration of this
petition dike ro the fact Lha t he had received ar copy of a letter ! rom the Har sactkuseLt; .
Department of Public Works Lhe .daffy after the Hoard of Appeals i etinp This Wtour Kid
perKfiean informaltion concerning this periR-ion that Artorney fain OR i reconsideration
of this application ihould be field. Arrorney Basin' s request wan recelvea within the
ton (10) day {317I7i`nI period. therefore, the reconsideration wu.. scheduled ftfr the t-e€;ulal.
meeting on Mmy 9 , 1989. The linard voted. unanimousty, to rkcoiisidte this :k€aFwl .iC,;Cfs7rt.
uporr .1 gaotion made by M:. O'Connor and seconded by Mr. Soule, the € Bard voted to GRANT
Cho variances subject ro the following ronditiurts-
I.. Only one way in qd ouE of the site.
2. The State agrees to this one way lit and out ,
3. The Board of Appeals -see the revised p f aanK and
approve of snme bcs!'c R Lhn building permit in Issued .
A . Plans be submitted for site vuview.
The vote was au follows : In fa sor! Mr . Sullivan, Mc. Soule, Ms . 0'Cftr1i1oY- MY' . Xf.�;sin
Oppcx..ed: NcS Nickerson
rhor.etfore p the pat f Li nn wns GRANTED.
The Board finds s tk7nt tlic po itioner has SaLlsrle d the of Nect loll 1.0. l nkn-
g aph io.6 of ohe finning Hy aw .aarc€ oho gcnntiug or Wks varinuc y wi I 1 im d"rtQ,• M
from ch,2 intent and puip{.}E;es of the Zaa7% Hylaw ;titre will lion adver"L4vly nffc�cr the
Ric i€;hha € uad .
Dared tk S 1.10h clay of May, 19H .
BOARD �3�,. �lE'1'1:�13..i
I:iwv tti�i E l �.4135 '7ti i I t v;cre
Page }
E�L,GONS IDERA'l'TO
Donald Johnson Vari nces - 1717 'Jtern€�i.ke 5tr�r_r
Imo_ Attorney Hain spoke far the petiti.onar. The letter sent to Lhe 7.[ln from the MA
f?FW was received the day afrer thn April meeting, a copy was forwarded to Att€arnry
Bain who requested a reconsideration hrecause of ardditlanal informaL €€rn contained in
the MA DPW letter. AtLarney Hain stated that the pnotrianor would have no problem,
meeting the conditions of the DPW, € e stated that the lr nd behi"d and an thn side
is not for sale. He feels that this would ls{ a valuable nddirlon to We area and
a c€anvenionr.e for We people in Lhe area. This prnjon Nhuul{i net c•a usn ail tratf€-ic
prOblem because it will only he one or two rnrs wL ae time. Thu petitioner request-;
that the vote be recinded. Air. Sullivan at.ku€€ if any nr the Hoard woo td E. ike to
discuss this request and Mr. Nickerson said that he had Ynad the letter and in cun-
cerned about the setback from Lhe r-nad to We bat 3r i ng, He FeK s. that there ha , nat-
been ;any changes in the sntbac€t. Attorney Bain ;tntvd that Lhf% is the only IoL in
the zone and it is a small onto {read should by usud for a good pure react. 'I hvy cannot
go bock any further because tfte ahurrer dues not want to null ;he lamed. They hnuQ
triad to buy it but to no avail. Mr. Suule stared that he sees nothing wrong with
the petition a N It is. rig'. Sullivan said thaer the Tuwn Meetl ng seemh to hatvo been
morn_ liberal with this kind or area and seems more favorable for busineNs along
Route 114. Mr. Nickerson stre;-^,nd thaL it is W cxnly atrca in VOWn that we Can gout
J7u.,iness. kitten arcked, Attorney Haiti said thar the la "d behind is gune€1 eiLher YK or
R and the wher land is owned by the Comm, of NA. Mr. S€ uln said that thure isn' t
mach that could go in there exnept humething like this and cannot visinn what 4 lse
caul i go in there. Atrorney lialn said that the area In the back is uver 10 Gurus
and may never be used. Mr-. Nlccttaa setemud Lo think that thin would have to go for
a site plan review.
The Board voted , unaniueously,- For a recnn3sidemiah on ON € ULILion, and e-{si„cwed L[se
second.
Upon a Motion made by Ms. f).'E;ounor and seconded by Mr-, pule. the Hn and pted to
GRANT the variances subjeQ ' to the fallowing conditions:
1 . Only one wary in and, put of this site .
2. The State agrees io thl_o one way Fee and out .
3. The E3onrd of Appeals seer the rcvinnd pOns and approve
of Name before rite huildtng permit in lsqu d ,
fit. Plans be suhmi.Ctey fur site review.
The vote was as follows: 3n f5v€rr, Sullivan. Soule , O' Connor , [linsin
Oopused, Nickersosi
therefor- ; , Chit petitinti was- .GRAWfED.
COL\ITI?VUF[) l'UBLIC NE:REt1•,NG
Rnbn.rr. 3 . Natal Bldr_a. - Boston Hill - Va�rinncus I{c}"[ { I lS , fcir [1[Di[:e {tt .
i
Mr. fiZCal Spoke and ravie.wetd CJte r{'quests Wantncd. !-fir;, H, Fink spokct scaviog that her
nazijar concern was the numbar of varirance*8 newded. The W€iship she dons slab OR ic.
a legal hardship. The bond area In the front appears to cox;vnd into the area rltn
UK OCIS the State would WUL to have fov a aiec.nOrarjun land and it glitnld hu moved
back. Mr. Hatal. said Lh at the wet pond N original and fuel Lhey IYO at t l I its the
right-of-way. A plain has been filvd with the brary ;and LQ I:A('',C ;tact PI ;tilnJrig Koarc[.
Mr. Sullivan stated that we €in not have W a Vn1 W [ Lh this bec aunu the Ntary aerie[ other
Boards will be handling Cteis matter. Mr . Raaral Ylid Lhe rrn O" WC theNe pinnn € efrif;
this way is thaL the road doming up this way m akeg EC I e nn h i € I y, file said the ren;oo
for kneping rite buildings closer is No tffuy do not: have ter tatke Hitt :f, gas,,, CCee s.
1-11e [weight re€ uiraments changed no the Town Muning but WOOL€[ "OL apply because this;
peition was in frr,n of the Board prior to they new bylaw. If tho YnOng codo is bettnr
tiara the building coda, the zoning code won [d take eft ct,
OFTICE" OF! Town of 120 N1 a i r i S I r(c I
Id
NORTH ANDOVER
HEAUUH
Pt-AN N I NC;
PLANNING & COMMUN119Y [)EVELOPMENI'
KAREN I I-P. NE L'SON9 011
November 28 , 1989
David J. Bain, Jr.
Attorney at Law
36 Lawrence Street
1-�wrcnce, MA. 01840 .
He: Johnston Property, 1717 Turnpike Street,
North Andover
Dear Mr. Bain;
I am writing to inform you of the information needed prior
to th<! Planning Board rendering a decision with regard to thn
above referenced project_
Thefollowing points nust be addressed:
1 . For a retail use of this size 24 parking spaces shall be
reqQired, n6ne of which can be compact spacas as per
section 8 . 1 paragraph 7 of the North Andover Zoning
Bylaw.
2 . False information was originally presented to the Zoning
Board of Appeals . The minimum number of parkinq spaces
required is - 24 , not 16 as is noted on the plan which was
presented tp the ZBA a8 basis for their May 11 , 1989
3 Due to the nurRber of variances needed on this site it
will be my reconmendation that both the GFA and the
overall footprint of the structure be reduced so as to
better comply with the Zoning Bylaws .
4 . The applicant lnu�;t receive Board of Health approval for
the septic system prior to the Planning Board issuing a
Special Parpit for this project.
5 . The applicant nest roview the proposal with the North
Andover Conservation Commission Administrator prior to
the opening of the .public Hearing with the Planning
Board .
Please contact me at your earliest convenience so I may
& �edUle a noOting with the Technical Review Committee to review
the merits of your proposal . If you have any questions or
concerns please feel free to contact my office.
Sincerely;
�
Christian C. Huntress
Town Planner.
cc : D- Robert Nicetta, Building Inspector.
Karen H. P. Nelson, Director BFCD.
Richard Doucette, conservation Administrator.
Michael Graf, Board of Health.
Zoning Board of Appeals
Planning Board.
10 F F�C ES OF! ToWn of Slye(-.z
11HrIS)INIGN N -)RTI-I ANDOVER
. i4�1 . I
(,ONSERVN -EON �A.)SS'W I I pst,I t I 14-5
1 3 1�rr I�;1(3%, (]j
HEAUO-i cm:�.(;.I H:i
VLANNINICi
131,ANNING & (,()NIMUNITY 1)1--,VI'-,L0PMI'-,N'1r
3. '�(
January 19 , 1990
David J . Rain, Jr.
Attorney at Law
36 Lawrence Street
Lawrence, MA , 01840
Re: Johnston Country Store ,
site Plan Review
War Mr. Gain ,
I would first like to thank you for appearinq before the Planning
Board at their regularly scheduled meeting of January 18 , 1990 .
As you are aware, the above referenced Site Plan Rnvie,,q
application was discussed and the board made tho followiNg
comments:
I . Pursuant to Section 10 . 8 of the North Andover Zoning Bylaw ,
"the Zoning Ward of Appeals may not ant favorably upon zi
pctition winch has boon proviously deniqd wtthin a Wo Q)
year period cif time Mass tour (4 ) of the five ( 5) wnmbnr!-.
of the Zoning. Board of Appeals fiod that there are specific
acid material changes in the conditions upon which thc5
change-s in the records of its proceldings and only otter a
public hearing, held by the Pianning Board , at whinji
consent to allow the- petitioner to re-petition tho Zoning
board of Appeal will to cunsidered and after notico in
given to Parties Of internsL and only with four (4 ) of thci
five (5) members of the Planning Board voting to quant
consent . "
Your cliff-nt ' n application to the Zoning Board of Appeals laas
denied on April 11 , 1989 . At a subsequenU hearing before the
Zoninq Ward of .Appeals on May 9 , 1989 , your client was
grantad a variance under a re-con0deration tf,3 that boLird . As
the bylaw state s , . you are to submit an application to thj.,
Planning Board Wich shows Fpecific and material changes to
your original denial before the Zoninq Board of AppcaK . This
will holp to insure that pnopou and Ic9al proceduirs havo been
followed in this oann .
2 . Thc Zoning Board of Appeals qrantod a
with reqard to lot size , franU, rear and side setbacks . In
accordance with the Zoninq Bylaw, Tablu 2 ( 1 ) , " Front sukbacl:
Shall be, a Minimum of 100 feet along poute U4 , rUUnW0InM2; of
the district . . . tho first 50 feet of front setback under this
rcquirement stall be planted and landscaped and no parking
shall be permitted. " The Planning Board is requiring that: you
repetition the Zoning Board of Appeals with specific regard to
this concern .
3 . The Board would like to see a copy of the dead for the
property in question.
4 . A commercial Lire sprinkler system shall be required
throughout the entire structure. The Wilding Will also bo
required to have its internal fire alarm, detection and
suppression systems tied into the Fire Department via a master
connected tiro alarm box.
5 . A dry }ower shall ba required to extend to the property line,
and the applicant shall tie into the sowcr as soon as it
Wcomes available along RokXUo iI: .
Please contact sty office with any questions or concerns, and
please submit all pertinent information to my attention prior to
t:hn next Planning Board tearing.
Sincerely,
chrir,tian C. Huntress
Fawn Planner.
cc: Planning Board
William V. Dolan, Fire Chief
William Hmurciak, DPW
D. Robert Nicetta, Building Inspector
Karen H. P.Biel.son, Director DPCD
2 . A comilinrcial fire sprinkler system shall bo required
throughout the entire structure. ?Be building will also be
required to have its internal fire alarm, detection and
Suppression systems tied into the Eire Departrent via a master
connected fire alarm box.
1 , k dry sewer shall be roquirod to extend to the property line,
and the applicant Shall tie into the Sewer as soon as it
becomes available along Route 114 .
Please contact my office with any quontioHg or concerns , and
please submit all pertinent information to my attention prior to
the next Planning Board hearing.
Sincerely,
Z � �
Christian C. Huntress
Town Planner.
cc = Planning Board
William V. Dolan, Fire Chief
William Hmurciak, DEW
2 Robert Nicrtta, Building Inspector
Karen H . P. Ne1So6, Diroctor DPCD