HomeMy WebLinkAboutBENINCASA, ROBERT MUM fflfl
TOWN OF NOIRTli ANDOVER
MASSACIIUSETTS RECEI4E� ,
DANIEL LOHG
TOWN CLE
NORTH p,tjD VER .
O � A
�,?SAC NUStS
Any appeal shall be filed
within (20) days after the NOTICE OF DECISION
date of filing of this Notice
in the Office of the Town September 15, 1988
Clerk. Date. . . . . .. . . . . . . . . . . . .. . .. . .. . . .
llixtc of llearing , September. 13 s •1988
Petition of . . . PAi,3ipg. gAdlty. Txust, .Davi.d .K.. Yave,. .Trustse . . . .. . .. . . . . .
Premises affected , . , 125 0 ,Osgood Sid rept. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the „ North Andover Zoning Bylaw, Section 8 .3 (Site Plan Review
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .
so as to permit . .the. vAnatructa an .of. x. .535. add.i.tion. . . .
to an existing structure . . . . .
. . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. .
After a public hearing given on the above date, the Planning Board voted
Conditionally
to APPK.Q�e. . . . . . . .the . . . . .Sita. -Playa.Rani.ew. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .
•
r
based upon the following conditions:
cc: Director of Public Works Signed
Board of Public Works
Highway Surveyor p$ �. „ .KP,dStxuma ,Chairman. .
_ Tree Warden
Building Inspector George, Perr}qLf, Vj qQ;Ghajxn4a�a.
Assessors
Conservation Commission
s .G1exk . . . . . . . .. . .
Board of Health a7Rllrl. SJ1iWrl
Fire Chief Eric N' t
Police Chief . . . . . . . �. .��G �. . . . . . . . . . . . . . ..
Applicant, Engineer Michael LearX
File, Interested Parties
>slann�rYg Board
OFFICES OF: par° Town of
120 Main Street
APPEALS _' ;;
BUILDING NORTH ANDOVER RNI Env ssachusettts'01845
CONSERVATION "s`� DIVISION OF TOIN LLY %17)685-4775
HEALTH TQ yy ppL..ttQUO
PLANNING PLANNING & COMMUNITY DEVELOAMW
KAREN H.P. NELSON, DIRECTOR Se 19 9290
September 15 , 1988
Mr. Daniel Long, Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845 Re: Beijing Restaurant
1250 Osgood Street
Site Plan Review
through the Special
Permit Process
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
Thursday evening, August 18, 1988 in the Town Hall, Selectmen' s
Meeting Room upon the application of Beijing Realty Trust, David K. Yue,
Trustee, 1250 Osgood Street, North Andover. The hearing was duly
advertised in the North Andover Citizen on August 4 and August 11, 1988 .
The following members were present: George Perna, Vice-Chairman;
John Simons, Clerk; Erich Nitzsche and Michael Leary. Chairman,
Paul Hedstrom arrived at 8: 40 p.m.
John Simons read the legal notice to open the public hearing.
A letter was received and read from the D.P.W. relative to an
on-going sewer issue.
The petitioner is requesting approval to construct a 535 sq.ft. ,
lh story addition to an existing building, on 2.55 acres on the
north side of Osgood Street in a General Business Zoning District.
The addition is for a solarium. There are no parking space issues
and no fire access issues.
John Simons made a motion to close the public hearing and take
the matter under advisement. The motion was seconded by Erich Nitzsche
and voted unanimously by the Board.
Due to the lack of a quorum on September 8 , 1988, the
Planning Board Meeting was rescheduled for September 13, 1988.
On September 13, 1988, the North Andover Planning Board held
a meeting with the following members present and voting:
Paul Hedstrom, Chairman; George Perna, Vice-Chairman; John Simons,
Clerk; Erich Nitzsche and Michael Leary.
After a brief discussion relating to the on-going sewer
problem, Erich Nitzsche made a motion to approve the Special Permit
Site Plan Review in accordance with the draft decision and supplimented
by an additional landscaping plan. George Perna seconded the
motion and the Board voted unanimously.
Page 2:
Sincerely,
North Andover Planning Board
Paul A. Hedstrom, Chairma
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Tree Warden
Board of Health
Conservation Commission
Assessors
Building Inspector
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
CM
p
y
Xy
x ¢
012
Be i ,; a`3 t'J r.a rt`, - �..;5�-o d FJ
Conditional Approval
Special permit - Site Plan Review
The Planning Board makes the following findings regarding this
applicati--n for a Special Permit as required under Section 10.31 of the
Zoning 3yiaw:
A. The specific site is an appropriate location for such a use,
structure, or condition;
S. The use as developed and conditioned in this decision will not
adversely affect the surrounding neighborhood ;
G. There will be no nuisance or serious hazard to vehicles or
{-edestrians;
D. yd�?quate and appropriate facilities will be provided for the
pr-oper operation of the proposed use;
E. The- Special Permit application before us is in harmony with the
generai ourpose and intent of this Bylaw.
The Planrii ,-ig Board makes the findings as required under Section 8.35
that the site plan, generally complies with Town Bylaw requirements but
still rewires additional conditions to fully comply with the purposes
and intent of the Zoning Bylaw. Therefore, in order to fully comply
with the approvals necessary to construct the facility as specified in
this =:oec=al permit before us, the Planning Board hereby grants a
special 'e*-mit to the applicant provided the following conditions are
met :
1 . ' onditions to be met prior to the plans be endorsed by the Board
and recorded with the Registry of Deeds Office:
1 . Landscaping plan shall be submitted which shows the
following :
ao
00
a a . Planting areas adjacent to the sunroom addition and
a:145 Q the existing structure shall be landscaped with shrubs
CZC:: .)
uat N and flowers. The planting design submitted by the
applicant for the front of the building and the island
UJ
LUE = between the two driveways shall serve as a guide in
39:M-K01a CM providing landscaping to this site in front of the
y building . No parking shall be allowed in front of the
sunroom.
b . One tree for every 30 ' linear feet of frontage of this
lot along Osgood Street shall be planted along the
front property line. The trees shall be 3 1/2 in
diameter and a minimum of 4 ' high at the time of
Planting .
C . A 3' high solid .line of shrubs shall be planted along
the entire front, property line in order to screen the
parking lot from Osgood Street .
d . A 6 ' high solid wood fence shall be placed around the
dumpsters located to the rear of the structure.
� h
`'e two rr?); _st ..ng 1,�ai n lc Cortrol cions (which sa`:
'Entrance" ) viclates Section 6.5(3) (c ) of the Zoning Bylaw.
The signs can only be 4 sq . ft . in area. Said signs shall
be removed .
Entrance and exit arrows shall be painted on the driveway to
assist access to the lot .
"he follow-- ng conditions shall be placed upon the plans filed with the
Registry of Deeds Office :
1 . All signage for the property shall obtain a sign permit from
the Building Inspertor prior to construction.
A note which states : "A11 handicapped parking spaces shall
be suitably located and marked on the site. " The
handi=capped parking shall be provided in front of the
building adjacent to the access drive in accordance with
architectural barrier standards.
3 . All lighting found on the structure and the site shall be
directed down and shall not cast light into adjacent
properties , or onto Osgood Street .
L+ . A grease trap shall be installed which meets the standards
of the DPW.
The following plans shall be deemed part of this decision:
Plans drawn at 1 "=20" scale which shows the existing structure, the
proposed addition and surrounding parking area and a 1 "=20 ' scale
drawing on graph paper which shows the proposed landscaping design in
front of the structure.
00
C4+
cM�"' .fid
CD U.,',
a_J
4J-.J
ca—
wx3
Gr160�V.-
tT+
Ir-C)
Z 4
tri
f/�
DIVISION OF PLANNING AND RECEIVED
COMMUNITY DEVELOPMENT DANIEL LONG
TOWN CLERK
TOWN OF NORTH ANDOVER NORTH ANDOVER
MASSACHUSETTS %hk 9 67
PLANNING BOARD 1 Y
APPLICATION FOR SITE PLAN REVIEW - SPECIAL PERMIT
Under Section 8.3 of the Town of North Andover Zoning Bylaw.
1 . ) Applicant/Petitioners: &- jV_' 9_4V�,p�sT���JV�� �• A
Address: 49 tt
Phone: _
2. ) Ownership : � 1& T&Z _ T ,4(, T�L-(/E�)
Address: - iT�r�l _� _
Phone :
3. ) Location of the project : l0 5-0��
Address: !�! 7 -
Assessors Map #:
Deed Recorded in:
Registry of Deeds Book Page or Land Court
Certificate No . Book Page
4 . ) Size of thp Building S,3 5 square feet
Height ZStories _ _ Feet
Occupancy or Use _
Type of Construction r �-� lr�f7c2s�d-
5. ) Size of Existinq Building
Height - ��Z Stories Feet -
Occupancy or Use
Type of Construction
6. J Classification of the Project (See Section 0.33 of the Zoning Bylaw)
Major
Intermediate -_
Minor _.--. _ 'r� �VB4L
INFORMATION REQUIRED FOR SITE/PLAN/ REVIEW
TYPE OF DEVELOPMENT PROPOSED _.
MAJOR INTERMEDIATE MINOR _7YPE 01_INFORMATION REQUIRED
-
x x X _ 1 . North Arrow/Location Map
X X x �- 2. Survey of the Lot/Parcel
x x x 3. Name/Description of Project
x x J~— —_ x - -- 4 . Easements/Legal Conditions
x - x --_-- -- x �� 5. Topography
x _ xx h. Zoning Information
x x — x - 7. Stormwater Drainage Plan
X --'-- x --- x `_ 0. Building ( s ) Location
x x _ x 9 . Location of Parking/Walkways
x — X -_J ---- x 10 Location of Wetlands
x x - x - 11 . Lncation of Walls/Signs
X X _. _ x --' 12. Loc-ati nn of Roads-,ay=./Drive-,
x 0 ---_ 13. Outdoor Storage/DiSplati• Area
x _ x 14 . Landscapina Pian
x x rl15. Refuse Areas
x �— X _ - - Cr - 16 . Liohtinq FaeilitiL,
x 0 _ U 17 . Drainage Basin Study
X 0 19 . 1-raffic Impact Study
x — 19 . Commonwealth Review
X Required Information
0 Information may be requested by the Planning Board
7. ) Please supply ten ( 10 ) copies of the above information to the Towr'
Planner with this application.
r •ti
8. ) Advertising Fee: S
Filing
Fee:
9. ) Petitioners Signature:
Every application for action by t e Board al be made on a
form approved by the Board . These forms shall be furni hed by the Town
Clerk upon request . Any communication purporting to be an application
shall be treated as mere notice of intention to seek relief until such
time as it is made on the official application form. All information
called for by the form shall be furnished by the applicant in the manner
therein prescribed in accordance with the requirements of Section e. 3.
Every application shall be submitted with a list of "Parties in
Interest". which shall include the petitioner , abutters, owners of land
directly opposite on any public or private street or way and abutters to
the the abutters within three hundred (300) feet of the property line
all as they appear on the most recent applicable tax list ,
notwithstanding that the Iand of any such owner is located in another
City or town, the Planning Board of the Town and the Planning Board of
every abutting city or town.
LIST OF PARTIES IN INTEREST
NAME ADDRESS
1.210 &4zvO 5%.
nll- cG� �'� a . �a s� a7� T,e,�cE s w r�Ziami
FLrir�i�i9
ADD ADDITIONAL SHEETS, IF NECESSARY
ANY QUESTIONS SHOULD BE DIRECTED TO THE PLANNING OFFICE AT 685-4775
'� NOR7h
/O. BSAtMUg
JUN 16 1980
o �'� '• 7NNa TOWN OF NORTH ANDOVER
�, i11Ai1ilrq , MASSACHUSETTS
t �
d
ae iz oz BOARD OF APPEALS
Jane 16r 1980
ROBERT & BCKM BENINCASA
Gray St.
Petition #18-180
Daniel Long, Town Clerk
Town Office Building
North Andover, Ma.
Dear Mr. Long:
A public hearing was held by the Board of Appeals on June 9, 1980 upon application �.
of Robert & Bonnie Benincasa who requested a variation of Seo. 7.3 and Table 2 of the
Zoning By-Law to enable the construction of a garage adjacent to the existing dwelling
on the premises located at 99 Gray Street and shown on a plan of land dated May 15,
1980. The following members were present and voting: Frank Serio, Jr., Chairman;
Alfred E. Frizelle, Esq., Vioe-Chairman; James D. Roble, Jr.; William J. Sullivan;
and Assoc. Member, Augustine W. Nickerson.
The petitioner testified that he is having difficulty with water conditions on his
existing driveway and with water flowing into his under-house garage. The proposed
addition will avoid the present problem which is aggravated by winter conditions.
The petitioner stated that he has located the garage in the proposed location for
aesthetic reasons.
Upon motion made by Frizelle, seconded by Sullivan it was voted unanimously to DENY
the variance as requested.
The Board finds that the petitioner did not meet the requirements set forth in Sec.
10.4 of the By-Law. Specifically, the Board finds that the petitioner has sufficient
III lot area to correct his present water problem with the alternative to locate the
proposed garage in a place which conforms to the Zoning By-Law. Sufficient evidence
was not shown which would indicate that the garage could not be placed in any other
location on the lot. Accordingly, these conditions failed to satisfy the requirements
of Sec. 10.4 and the Board must deny the request.
Very truly yours,
Boup OF APPEALS
Frank Serio, Jr., Chairman
AEP-gb
0� NpRK.
�.�.*4 Is ; , TOWN OF NORTH: ANDOVER
ti f MASSACHUSETTS
0-4 BOARD :OF"APPEALS ` + •
Cot St.
NOTICE. This appl'icattion ra✓
N►p` . must' G typewritten,
ICATION FOR -RELIEF FROM THE• REQtJIRMENTS OF THE?,-ZONING
wti ORDINANCE '
s
z
Applicant Robert & Bonnie Benincasa Address 99 Gray St, No; Andoiw-, Mass,
1', Application is hereby made .
(a) For a variance from the requirements of Section ,Paragraph_
of-- the Zoning By-Laws.
(b) For a Special Permit under Section ,Paragraphk_�.pf the Zoning
(c) As a party. aggrieved.. ' for review of 'a decision made- by the Bu ldi,A
Inspector or other authority, ,
2, (a) Premises affected are land x . and .buildings x numbered 09 a eY
Street.
(b).. Premises affected are property with frontage on the: NQit
Sdut;h East West Side Of Gre Street,
kriowu as N0. ""9J"Grey Street. 77
(c) Premises affected are in Zoning.aDistrict R!.' , d57the- Promises•
affected have ,an area of and frontages off' feet. .
3, Ownerahipt
(a) Name and address of owner (if joint ownership,give ali rmles) s
Robert & Bonnie Benincasa 99 Grey St. No. Andove ss.
Data of purchase det. 1975 Previous owner D4vid zaloga ,
(b) If applicant; is not owner, check his interest in the••premime4l
Prospective purchaser --
_�_ Lessee
Other (explain)
4, , Siwe of proposed building: 24 front; �� M! °a16i'eet deep,
Heights mne " stori.es; 07—-Feet.
(aj Approximate date of erection August 1990
b Occupancy or use (of each floor ;
(c) TYV*. o cons xuc on *Wood frame w
_.J., Sias of Existing- Buildings 38feet front) 6 feet deep,
Height 2N stories meet,
�aj Approximate data of erection
Sept 197
b Occupancy oruse of each floor
)l - -y ( s
(c) Type olk7construalon
6,' Has there been a previous appeal, under .zonicig, on these premie6e1so
w
if 'S o l when
7. Description of relief- sought on this petitions Asking tot 'vatianss of
!t from the aide set back relluirements. (sedition will be 23 ft. from the
boundary line instead of the twpired- 34 for this eons) All other requirem®nts
So ' Deeed recorded in the Registry of. Deeds 'in Soak se70 Page 3o band
Curt Certificate NO.;_____ Boo Pags S
9.. pe ;principal points upon which I base my application rr `as
follows ; (must be stated in details he existi aa•
uses a traffic+ 2roblem. The slope to steep
so that you have to ao too fest in winter conditions to get on' fey ee
The tQ=crr uch that all the water and ce accum e
in front of the crara leak into the basement. The driveway is set in yci
a manner that visual 'of observation of oncoming traffic is i :ic
S agree to pay for a yertising in newspaper and incidental expenses.
(Petitioner's
Si nature
Sec. 1 APPLICATION�F ORM
Every application for action by the Soard 'shali be made on
a form approved by the Board. These forms shall be furnished b the ,
clerk upon request. Any communication ptrxporting' to be an application
shall be treated as mere notice of intention to seek relief until such
time, as it is made on the official application form. All information :
called for, by the form shall be furnished by the applicant in the manner
therein; prescribed.
-Every application shall be submitted with a lint of "Parties
in Interest`.' which list shall include the petitioners, ablittexe, ptvilBrB
of land directly opposite on any public or private street' or..wc and
owners of land within three hundred.• feet of the property linea l as
they appear on,-the most recent applicable tax lists notwithstanding that
the land ofany. such 'owner is located in another city or town, , the
planning board of'.the town and the planning board of ever
or .town, y abut ttng; citY "
_
Every application`' shall be submitted with an application fee
sufficient to -coverthe cost of postage of notice to all parties in ,in.
Merest,',
LIST OF PARTIES IN INTEREST
NAME AAAR$S$
I .
r
r
.w
s f S
r
ADD ADDITIONAL SHEETS IF NECESSARY..
r
A •
a: manner that visual of observation of oncoming• traffitc°= 1 � '
I agree to pay for advertising in newspaper and incidental expenses.
(Petitioner' s Si nature)
pec. 1 APPLICATION :FORM }}
1
— Every application for action by the Board- shall be made on
�. €orra-,approved by the Board. These forms shall be furnished by the
ierk upon request. Any communication purporting to be an, application -
� ll ;be treated as mere notice of intention to seek relief until such
"ime as it is made on the Official application form. All information,
ailed for by the form shall be furnished by the applicant in the mangier'
herein prescribed.-
Every application shall be submitted with a lidt, Of "Parties
ti_1rire-rest" which list shall include- the petitioner, abdt rs, owners
f_ land ;directly opposite on any public or private street or way and
?i ersc€f land within three hundred:-feet of the property line all as-
_ appear on.-the most recent applicable tax list, notwithstanding that
ire land-.of any such owner is located in another city or town, the
�_Jan_riing board, of-.the toum and the planning board of every abutting- city
r town.
Every application shall be submitted with arr application fee
efficient to 'cover the-cost of postage of notice to all parties in .in-
erest.:�_:
i -
LIST OF PARTIES IN INTEREST
ADDRESS
William Zuchero 125 Gray Street, North Andaver-
. , Joseph Brown 109 Gray Street North Andover ;
Alexander Glass 89 Gray Street North Andover
Joseph Comerford 79 Gray Street North Andover
Jerry Cheevers 52 Penny Lane North Andover
'Norma Lochmann 35 Penny Lane North Andover
Ronald Brandeberry 17 Penny -Lane North Andover
Norman Heknze 1 Penny Lane North Andover
Robert ADICONIS 72 Gray Street North Andover '
Joseph Houghton 305 Boston, Street*North Andover,
i
P
r.
`i:
Oversized Maps on file with the Town