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Home My WebLink AboutZoning Decisions (8) 1994-1998 j R EC To f, - NORTH NDOYT R 15 fi MASSACHUSETTS Any appeal Shafl be fled nfierthe NOTICE F DECISION or fining or thks Nc6ae in Me Office Grxhe Town Property rty 0 T'umPike S . ne ., ffADDRESS�. 5,60 Tu i ikon t. l- `�ITION. 0 - � h rndovera MA 01845 CIF RING- 7/1' 1 -98 The card Of Appeals, held' a regularmeating an TUe day evening, juli; i s � M t the Steven'sMemorial Library, 345 Malmo St., upon the application Of P2J Develop;rnent 565 Tum ike St, North Andover,, MA., for property located at: 550 TurnpikeNDtffi, Andover, MA,, requesting thiat a slug month ternporary re trrustlorn be removed ed of a decision dated 1995, Pefktio n 4, relative to decision -; , dated d"12011 7, Soil that the, ,gate onHillside lid. M1 be permitted to be opera between ,a l9-.PM seven days a weeks., The following members were present." "l ulllam J. Sullivan, Walter F. Soule, Robert Ford, Ellen l lrnit re,, George Earley: The abutters were notified by regular mafj., Upon a rnrnodoin made by Ellen Mcl!n(Ity ire„ and seconded by George Earle�r the Board! voted to GRANT the removal of a tern<npor ry restriction so tb;at the gate on Hillside Rd, will be perurrndtt d' to be, open between the hours of SAM ,PM sever, days a week. Voting in favor. William J. Sullivan, Walter r F'. Soule, Robert, Ford',, Ell in Mcintyre, George Eadley, BOARD F APPEALS William JSullivan, Chairman ZoningBoard of APP 21S. �" „� YO B � , )s" TO,WH MAX 40 KOR N ti AHiY #'7... . TOWN F INORTH ANDOVER ranA SACH JSETT 5 l BOARD OF APPEXLSa.., i Any&pMl shall beflW r h�l�n d hem the NOTICE OF DECISION date or filling of MIS Nbl In Me nnr of 11 e Town Clerk Property; 550,Turnpike St. NAME: P9J l e elo rmernt, Corp. DATE: 11120/97 ADDRESS," 'Tualm ike St. ETIITIONI: 0 - 7' att u Andover, MA 101 HEARING: 11118197 The Board of Appeals held a regular meeting on Tuesday everling, November 18, 11997 upon the application of PIBJ Development, Corp. 565 Turnpike St., Nodh Andover, u,,for property located at 550 Turnpike St., N` orth Andover MA., requesting a modification of a decision dated 1995, petition u# ' -94,, requestingentrance onto Hillside Ned,,, be gated andi that said gate be allowed to Nye open from 8,10,Ali to 9.00, Ply Monday through I=rlday„ and open all day on Saturday and Unday, of the Zoning Bylaws which is In the -8 Zoning District. The frullc ring members were wer,e present, Williams JI, S,ulllivan, Robert Ford, Raymond Vivenzic„ Ellerin McIntyre„ 1 The hearing was adveoised in,the Lawrence Tnbuine on 11141917 and 111101 7 and all abutters were notified byregular mail. I Upon a motion made by Raymond Viv nzio and seconded by Ellen McIntyre, the,Board of Appeals unanimously voted to rnuadiify the original conditions of decisioani .94, item 6, on a six rnonlh temporary basis for analysis Hof traffic and neighborhood ccrnfod levell, so,that the gate an Hillside Road be closed and locked at all times, except 9AM to 9PM, 7 days a wok. A stop sign be Installed facing traffic exiting on Hillside Road. A,sign placed irndicatiinq no trucks over 2 1 tons be allowed to exit onto Hillside plead. The entire matter be rev iawed again at the Ju ne 9, 108 Zoning Board of Appeals meeting. Voting in favor. "+r llliarrm J. Sullivan, Raymond Vivienzio, Robert Ford,, Ellen McIntyre, The(petitioner has satisfied the provisions of Section 101, paragraph 10.4 of the Zoning Bylaw and that the ranting of these ariaruc s ill not arN ars ly affect the neighborhood r derogate frarin the Intent andl purpose of the Zoning Bylaw, Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building pu r mit as the applicant must abide by all applicable lacai, state and federal and building codes and regulations, prior to the issuance of a building armmit as regtres'ted by time ftiI ding; ormrmissiom. , William d, Ili an, Chairman ltk' ! JOYCE ERA ,HAWS" TOWN CLERK NORTH ANWIVER Town of North a o r q4ORF J�JNITY J I �1 d Coz I 'E M T AND ERVI E 146 Main Strett KENNETH R,MAKONY North Andover, MassachuseMs 0 1845, � lr OFF PEALS P .a , date - � N ^,a n eN ia.. tim ,; �,, Y �c , u in the; Oftkc of the Tovmi rrnper'ty: .l unrnpike Street PBJ rn street Date: 1-1 -96 SLitt e'1elG�, rum, 11 etntron 5-95 rrhAndover, MA 01845fate of 1, ring-,1114-95,1,9-. The Board of ,appeals held a regular meeting on Tuesday evening, November 14, 1995 which was continued under advisement until January 9, 1994, upon the: petition. of PBJ Development requesting a modification. to a decision granted oau January 25, 19915, petition fl - 4 for property located at 550, "Pumplike tree.t, ; r ndDg District General Business., The foljgvd ><g members were present and voting: William m unllivan, Walter Soul,e, John Pal lone, Joseph .Faris and Raymond ymond ' ivenzio. he hearing wag advertised in tile, forth Andover Citizen can 10/25/95 and, 1.1/1/95 and all abutters were notified by regular mail. Upon a motion by l ayrnond Vivenzio and seconded by Vetter Soule the hoard Muted unanimously to amend the original decision dated January 25, 1995, petition #063-94 to, include the follawing modifications: 1, Conditions numbered 3 & 4 of said original decision area modified. to allow that,. the eight d) foot high stockade fence currently required be located no closer than than 1 feet and no further than fifteen (1 ) feet from the property lime where.. it. abuts land now or formerly owned by Acari and I auughery as shown on the site plan dated N venraber '1994, prepared by 114archionda & Associates, LY , ruhrraitted by the petitioner to the Planning Board pursuant to site plan review. Modified plans dated 1/9/96, prepared by 3VIarchionda & Associates,cisates, .P. have been sulur`auitted displaying the fence and island location. 'Me fence is to be placed in a straight. line parallel to the property limes in question. Discretion as to the exact location of this fence shall be Given to the petitioner, with the uunderstandin17 that it will be placed in such a rnan.iier Gus to rninirnize tiie number of trees. WARD F.,VPEALS 689,9541 Hrarr.n ING 68;8.9545 CQNS1!akV.."A'I0Iq 1628=4510 REALT11 688.95.10 PiANTP G 64S-0535 Julie r"M'ON10 tL Rabeft Nkvu Web"'I Homoud S&ndra Sam Kaileen Ors Joy W'well required to be cut in order to install it. OtherMse the stockade fence as shown on said plan shall be located within three {3) feet of tht }property line. The requirement of planting arborvitaes in a saw tooth pattern o-a the, side of the fence fronting Hillside Road as staled in the original decision is modified to reg7uire such planting only along the property now or formerly owned by Arcari and Laughery. 2. Condition number 7 requiring that the applicant submit an 11" X 17' landscaping plan stamped by a landscaping engineer is deleted. The Board agrees to accept the plan submitted by the applicant to the Planning Board as part of site plan review which shows the planting schedule. Voti ig in favor: William Sullivan, Walter Soule, John PallGne, Joseph Faris and Ellen McIntyre. Board of ,Appeals, ckWilliam Sullivan, Chairman r tv TOW 017110E OF M,� Town of Narth Andover � North Andover, P i,s.s chums l � CI , w f p, 1 B{7AVD OF APPEALS NOTICE OF DECISION Property:550 'Turnpike ;St PSJ BevIe.-1 pment date;, )723796 555 Turnpike ;street Petition .0��96 The. Board of appeals held a regular meeting on Tuesdays evening, July 9, 1996 capon tho petition of P5J Development requesting an ,appeal as the Aggrieved Party from the decision of the Building Commissioner denying r ,sign permLit for a pylon sign at the Crossroads located at 550 Turnpike St , The following members were present and voting: Raymond Viven io, Robert Ford, Scott KArpinski, :Ellen McIntyre, and. Joseph Faris . The hearing was advertised in the North Andover Citizen on 6. 14 . 96 7.26. 96 and all ,abutters were notified by regular mail. Upon a motion by Scott Karpins i and seconded. by Raymond Vivehzio the Board voted to GRAN"" the request of the petitioner as the party aggrieved. The Board vested to permit the pylon sign, as submitted in, evidence,, with the; modifications on the basis that the sign completely. meets the Zoning By-Law. Members in favor of the Petition were: Raymond: Vivenzio, Rcieort Ford, Scutt K rpinski,, Ellen McIntyre, and Joseph Faris Board, of ypeals, William Sullivan, Cha,i.rmamt;� y The petitioner has satisfied the provisions of Section 10, Paragraph 10, 4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the BOARD 682.9E41 BIIIIANG 6=45 CONSERVATION 68&9530 HEAM 604go I"ONMNG bES55 .gy p ,°', aJ'0 T u w n c,,i ry�y"ya�pe :' 0 R T H Ate 4 M Y9YP11P� µ� � Any appeal shall be film �� •®�*�»��u. within (20) days after the: MV data of filing of this Notice in the ��ffic� TOWNO��' R� J�.1' O1w�C f the, Town Clerk. MASSJe d �°' "� BOARD OF APPEALS NOTICE OF DECISION, Petition er..: . .0577 4 and 0, -94 1.1.' - 4 e v� Date f Hearing. . 1 13- 61 , , 46, .. Petition of _ . FB.J ➢fie elppm.Lnt Corp,, , , . ,8-951. , . , - retiet P � affected raap � � . . .. . . . Referring to the above petition for, a SPECIAL. PERMIIl' under Section 9, Paragraph '9. 1 and 9.2 of the Zoning Bylaw to alter or modify a. pre ISItng, T1QU7C0nf1�aaMin& structure. D a. SPECI�iL.PERMIT' ,unda.r. w cta,,.�J�a -9, .. Paragraph 9.3 of the Zoning Bylaw to alter or destnroy more than 65Z 01 a pre— so)asxWVwmftx e ietin non-eewrufswrming. sat:r icture. - . . - . . .. . . After a publie hearing vas on the above date, the Board of' Appea.N voted to . .GIR,NT the SPECIAL. FER1 j I T'S and hereby authorize the Building Inspector to, Isgue pearit to PBd Developmen.t. 9,rp... . . for the construction of than above work, hawed upon the toflowing conditions: Sue. "CONDITIONS" attached hereto and made a; part hereof. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9. 1 of the Signed Zoning Bylaw and that sucha change, extenSiora gar alteratinn shall not be aw.ulwetantibally more detrimental 4�altar �awzle:,: Actl,Tig Chairman Raymond Vi.ven7i-n than the w�a�ictin,� n�wru—canfaa�raauin.,g, . . . . . . . .. . . . . . . . wat't arpins i s�tra�ctwar w to the neighborhood. Joseph F. Faris, Board of Appeals . . . . - . ,. . "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as shown on the plan 4 spaces reserved for future use as may be required by the Building Inspector. . A stockade fence 8 feet high shall be const-ructed on all sides of the property with the exception of Otte. 114 and the abutting property next door which is John Mor-arry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to '5 foot high arborvitaes, five feet on center a-aa saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the propert-y line where the land abuts the lots fronting on H111side Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. . The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside toad shall be closed off with fence and arborvitae. 7. The applicant is to submit an 1.111x17" Sketch with landscaping shown and stamped by a landscape engineer. . The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. tlY tlL � R e .i ;hair NORM ��d�.. �.,VE Any pp � �a�� HOW ( ) days after tiro �*��,' ,,. fit; a�i�°lC:� �a1 1'��.1 {gi of t�nis .��'� ��...g � � o� �,� r'�'�arn o in ling3ffith f '0F Off. OVER jai, the town Clerk. ld� �i . BOARD CW APPEALS NOTICE OF DECISFONN Date . . . .. 5 0,, 1 clip 5 12-13-94 Daato of line rs Q 171 071 pbutien of FBJ DeveippyWq, Qgrgr.w. . . . Premises affected 559 Qrnp il'rp Wept . Referring to the above petition for a variation from the roaWr as eats of doc Section 1, . . so �ee to pvrrm t a variation from the front and rear _t c bac°k requirements . . . . . . .. . . (irurrt ,':r'nr.A rear setbacks cu. be. 5 .WO After a pubbi c hearing gWen on the above date, the Board of Appeals voted to GRANT the VAI;1. XCF: and hereby authorize tfac Building Inspector to issue a Permit to FBJ Developmant Corp. , the construction f tie above wank, barra d upon thefoUoNdnr; �:unditione: �,ee ""("Odtili:?'C"i"10, r,�r attached hereto and made ra part hereof. The Board finals tla;.:rt the petitioner &gned has satisfied the provisions of C r s actiara 10, Paragraph 10.4 of the Zoning Bylaw and that this variance a al tei SANY Ac titnR Chairman may bp Rrnnted without substantial.. Raymond Vjvea zjq riatrimeart to the public gaud and Scott i«"arTainnki. without nullifying or substantially °1rargph f. Farts derogating from the intent or Irr.ra'pose of the Zoning Bylaw. . .. . . . . . . . .. .. . Board'.of'.. ppealg "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building inspector. . A stockade fence 8 feet high shall be constructed on all sides of the property with the exceptimi of Rte. 114 and the abutting property next door which is Tohn Mc arry's property. 3 . The fence shall be S feet high with landscaping of 4 foot to ' 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4 . The eight foot high fence shall be set 15 feet in from the property lino where the land abuts the lots fronting on Hillside load and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Pies:ens shall be s feet high and shall be located on the- property line_ 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7 . Th(� t agplicarst is to submit an 1111x17" sketch with landscaping shown and stamped by a landscape engineer. 8 . The play is to be revised to reflect these conditions by the February 14 , 1995 meeting. j 0 Y C N_ "k IyORT Tokq N 1�' Of f s , +�.� 'fib 8ryw•*.a,#'�� F},fE3L b filed r. 3.�{r{iYSE %mi �+ + ye TOWN OF o+�Tr� ANDover� �J{:Ac V]{ '�'i Fri- of t�.,i q 7 I�I o i('Q :r ih ftvy 'J he Town MASSACHUSETTS lerx. BOARD OF APPEALS PBJ Development Corp. * DECISION 565 Turnpike Street * petition 4063-94 North Andover, MA 01845 The Board of Appeals held a regular meeting on fiuensday evening December 13 , 1994 continued to January 10 , 1995 and a Special Meeting on January 18 , 1995 upon the application of PBJ Developmont Corp. requesting a VARIA1ION of Section 7 , Paragraph 7 . 3 , 'Table 2 of the Zoning Bylaw so as to permit a variation from the front and rear setback requiremeTits on the premises located at 550 Turnpike Street. The following members were present and voting : Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris . The hearing was advertised in the North Andover Citizen on November 23 and 30, 1994 and all abutters were notified by regular mail . Upon a MotiaD by Mr . Karpinski and seconded by Mr . VjvEenz io, the Board voted ue)animcusly to GRANT the VARIANCE as requested with the following conditions : 1 . The parking lot of 14B spaces shall be constructcd as shown on the plan ; 24 spaces reserved for future use as nay be required by the Building Inspector. 2 . A stockade fence- 8 feet high shall be constructed on all sides of the property with the exception of Rte . 114 and the abuttiTq property next door which is John Mr- arry ' s property . 3 . The fence shall be 8 feet high with landscaping of 4 €cot to 5 foot high axborvitaes, five feet on center and saw tooth pattern . 4 . The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on Hlllsido mead and the arbervitaes shall be planted on the tide of the fence facing _iillside Roan. 5 . The fence abutting Royal crest, §etti and piessens Shall be a feet high and shall be located on the property line. e . The entrance on Hillside Road stall be closed off with fence and arborvitae. 7 . The applicant is to Submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. B . The plan is to be revised to reflect these conditions by the February 14 , 1995 meeting. The vote was unanimous . voting in favor: Mr. Soule. Mr. vivenzio. Mr. Earpinski and Mr. Faris. mEe Board finds that the petitioner was Satisfied the provision& of Section 10 . paragraph 10 . 4 of the zoning Bylaw and that this variance may be granted wifaogt substantial 6rtriment to the public good a-nd without nullifying or Substantially derogating from the intent or purpose of the zoning Bylaw. Dated this % day of : / / 17 BOARD OF APPEALS �� .. Walter Soule-. Actln9 chairman �aonr�, ` YCF TOWN NORTH AY[ioV ft i eai ha11 ire filedAny app � •': rt within ( 0} daYs 'Iftet thlb date of filing cA thW NOU00- In the Office at tho row* TOWN OF NORTH ANDOVER Clergy. MASSACHUSETTS BOARD OF APPEALS PBJ Development Corp. * DECISION 565 Turnpilre Street Petition #057-94 North Andover, IAA 01845 * Petition #063-94 The Board of Appeals held a regular meeting on Tuesday evening November 8, 1994 continued to December 13 , 1994 , continued to January 10, 1995 and a Special Meeting on January 18 , 1995 upon the application ( #0 7-94) of PBJ Development Corp. requesting a SPECIAL, PERMIT under Section 9, Paragraph 9 . 1 and or 9 . 2 of the Zoning Bylaws so as to permit the pre-existing non-conforming structure to be altered and modified on the premises located at 550 Turnpike Street. The Board of Appeals held a regular meeting an Tuesday evening, Di�tcemher 13 , 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application ( #063-94) of PBJ Development Corp. rietquesting a SPECIAL PERMIT under Section 9, Paragraph 9 . 3 of the zoning blahs so as to permit a- pre- existing non-conforming structure to be altered or destroyed b more than sixty-five (65 ) 'percent of its reproduction costs and re-built on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Fari-q. The hearings were advertised in the North Andover Citizen on October 24 , October 31 , November 23 , and Movember 30 , 1994 and all abutters were notified by regular Mail . Upon a Motion by Mr. Vivenzio and seconded by Mr. Ya rpinski, the Board, voted unanimously to GRANT the SPECIAL PERMITS as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use ae may be required by the Building Inspector. 2 . A, stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property nett door which is John McGarry ' s property. 3 . The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and sari tooth pattern. 4 . The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on Hillside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Hetti and Piesscns shall be 8 feet high and shall be located on the property 6 . The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"xI7" sketch with landscaping shown and stamped by a landscape engineer. a. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor- Mr. Soule, Mr. Viven ic, Mr. Xarpinski and Mr. Faris. The Board finds that the applicant has satisfied the provisions of Section 9 , Paragraphs 9 . 1, 9 . , 9. 3 of the Zoning Bylaw and that such change , extension or alteration skull not be substantially more detrimental than the existing non--conforming structure to the neighborhood. Dated this day of �Y- BOARD OF APPEALS zo, Walter Soule; Acting Chairman