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APR 9 40TOWN OF NORTH ANDOVER
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90AW OF APPEALS
NOTICE OF DECISION
Mobil Oil Corp.
c/o Donald Cooper Date Apri.1 .IS, . 19 8.6 • . . • . . .
Hutchins & Wheeler
One Boston Place Petition Na. . .79.66. • • • • . • •- • • • •
Boston, MA 02108 Date of Hearing. . April. -8 ,• •1986
Petition of . . . .Mobil Oil.. Corp.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . 1.2.Massachusetts .Avenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variatimsfrom the requests of 06 Be ati on . 7-3. and
.Section 6.6•(•5) • -(d). .and. Table. 2 . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit construction -of -new•canopy. and .pumps. .wi.thin . the. .251. .setback
and relocate Mobil logo-price sign to within 10 ' of front and side
setback-, -and installation• of• a -new. -low. le-vel. -area. •light. within the
25' setback requirement, front and side yards on the premises at 12Mass.
After a public hearing given on the above date,the Board of Appeals voted to GRANT. . . . ., the Ave.
variances and hereby authorize the Building Iaspedw to issae a
permit V .for. construction. .of. new .oanppy. .ind •bi MPs. •wi-th;�4. the. 25!, •setback,
and relocate Mobil logo-price sign to within 10 ' of front and side setback,
for the construction of the above work, based upon the following conditions: and installation of a
new low level area licht within the 25 ' setback requirements , front and
side - yard on above premises, subject to the following conditions :
(1) No signs on side, front, rear or roof of canopy.
(2) Lights , either surface or recessed, on canopy must have light
showing down.
A barrier be built abutting si 4k to prevent parking on sidewalk .
. . . . . . . . . . . . . .(continued .on .page. .2)
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Bawd of Apps
Mobil Oil Corp. Page 2
C/o Donald Cooper
Motion made by Mr. Frizelle and seconded by Mr. Soule to GRANT these
variances subject to above conditions . Vote unanimous .
Said variances , in the opinion of the Board, do not create a detriment
to the public good nor do they derogate from the intent and purpose of
the Zoning ByLaw.
B4 RD 0 AP EAL�
Frank S rio,_Jr. , Chairman
Alfred Frizelle , Vice-chairman
William Sullivan
Walter Soule
Raymond Vivenzio
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e. TOWN OF NORTH ANDOVER
gin' the
G1eCK . MASSACHUSETTS
BOARD OF APPEALS
April 18 , 1986
Mobil Oil Corp. , c/o Donald Cooper
Hutchins & Wheeler
Mr. Daniel Long, Town Clerk One Boston Place
Town Office Building Boston , MA 02108
North Andover, MA 01845 Petition #79-86
Dear Mr. Long:
The Board of Appeals held a public hearing on Tuesday evening, April 8,
1986 upon the application of Mobil Oil Corp. The hearing was advertised
in the North Andover Citizen on March 20 and March 27, 1986 , and all abutters
were notifed by regular mail. The following members were present and voting:
Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice-chairman, Walter Soule ,
William Sullivan and Raymond Vivenzio.
Thepetitioner seeks variances from the requirements of Section 7. 3 and
Section 6. 6 (5) (d) and Table 2 of the Zoning By Laws so as to permit the
construction of a new canopy and pumps, within the 25 ' setback and relocate
Mobil logo-price sign to within 101 of front and side setbacks , and install-
ati,gn of a new low level area light within the 25 ' setback requirement,
front and side yards on the premises at 12 Massachusetts Avenue .
Motion made by Mr. Frizelle and seconded by Mr. Soule to GRANT these two
variances subject to the following conditions :
1 . No signs on side , front, rear or roof of canopy.
2. Lights, either Surface or recessed, on canopy must have
light showing down.
3• A barrier be built abutting sidewalk to prevent parking
on sidewalk.
Vote was unanimous.
Peti4 over seeks these variances in order for station operator to provide
quicker and speedier service in order to keep up with the competition in
the area.
Con 'd on page 2
Page 2
Mobil Oil Corp.
c/o Donald Cooper
Said variances , in the opinion of the Board, so not create a detriment
to the public good nor do they derogate from the intent and purpose of
the Zoning ByLaw.
Sincerely,
BOARD OF APPEALS
Z=nkc_SCeriio, J , Chairman
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Received 'jy Town Clerk: Ric 9E ,t
TOWN ci-7-RK
NORTH AWNIER
Mia 13 10 12 A% 185
TOWV OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF/THE ZONdING ORDINANCE
t�€c�i°ns 1& � te' [e
One Boston Place
Applicant Mobil Oil Corporation Address Boston, MA 02108
1. Application is hereby made:
a ) For a variance from the requirements of Section7. 3 Paragraph
and Table 2 of the Zoning By Laws .and Section 6.6(5Y (d) .
X)X For a Special Permit under Section Paragraph of the Zoning
By Laws . --- ----
a) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
2. a ) Premises affected are land_X_ and building (s ) X numbered
12_Massachusetts Avenue_
b) Premises affected are property with frontage on the North (X )
South ( ) East ( ) West ( ) side of Massachusetts Avenue
X$XX%%kXXand known as No. 12_MassachuT_s is Avenue_ ______ APXC ktXXXX
c ) Premises affected are in Zoning District G•B; and the premises
17
affected have an area of 21 , 600_square feet aril frontage of
_ feet .
3 ownership i
a) Name 'and address of owner ( ifoint ownership, give all names ) :
c/o Donald Cooper, Hutchins & Wheeler
Mobil 041 Corporation One Boston Place, Boston , MA 02108
Date of Purchase 1913 Previous Owner John J. Cahill --
b) If applicant is not owner, check his/her interest in the premises:
�-Prospective Purchaser _ Lesee Other (explain)
..canopy
4,i Size of proposed 60WUd6W'rX- 19 ' 8" front; 24 '_4" --feet deep;
Height 1 _-_stories; 14_feet . _
a ) Approximate date of erection: as soon as possible
b) occupancy or use of each floor : canopy-for-gasoline pumps
c ) Type of construction. flat- steel-canopy---`---
5 . Size of existing building: 48161% feet front ; 271 feet deep;
Height 1 stories; 14 — feet. (the existing building will remain on
------ ---- -
site .
a ) Approximate date of erection: 1963
b) Occupancy or use of each floor : gasoline-station
c ) Type of construction: flat roof
b. fias there been a previous appeal , under zoning, on these premises?
Yes_ If so, when? Januar._y 16 , 1962 (copy of opinion and decision
-- attached hereto)
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7 . Description of relief sought on this Petition see attached statement
8 . Deed recorded in the Registry of Deeds in Hook 12L___Page 11
Land Court Certificate No. Boost Pnc7c —
The principal points upon which I base my application are as follows :
(must be stated in detail )
see-attached-statement----
-
eeattachedstatement
I agree to pay the filing fee , advertising in newspaper , and incidental
expenses*
-----------
Si9 nal r.e o Petitioner sj
Every application for action by the Board shall be made on a form approved
by the Board . These forms shall be furnished by the 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 .
Every application' shall be submitted with a list of "Parties In Interest"
which List shall 'rnclud,V the petitioner , abutters , owners of Land directly
opposite on any public private street or way, and abutters to the
abutters within three "hundred feet ( 300 ' ) of the property line of the
petitioner as they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is Located in another city
or to',an, the Planning Board of the city or town, and the Planning Board of
every abutting' city or town.
*Every application shall be submitted with an application charge cost in
the amount of $25 . 00. In addition, the petitioner shalt be responsible
for anv and all costs involved in bringing the petition before the Board .
Such costs shall include mailing and publication, !.)ut are not necessarily
limited to these ,
Every application shall be submitted with a plan of land approved by the
Board. No rietition• will be brought before the Board unless said plan has
been submitted. Conies of the Board ' s requirements regarding plans are
attached hereto or are available from the Board of. Appeals upon request .
LIST OF PARTIES IBV INTEREST
�1ame Address
1 . Ronald H. White 73 Winter Street, North Reading , 2A 01864
2 . David B. & j,eona M. Hollins 12 Hamilton Rd, North Andover , MA 01845
3 . Patob Realty Trust, 1 Massachusetts Ave . , N. Andover , MA 01845
William O'B»ie.n, Trustee
4. Office of the. Mayor_ , City of Lawrence , 200 Common St,Lawr.ence , MA 0184.0
(use additional sheets if necessary)
,y
Application of Mobil Oil
7 . Description of relief sought on this petition.
Relief is sought on the following items.
1. Mobil wishes to erect a canopy over the pumps at this
gasoline service station and replace the existing pumps . There
is a valid variance for this property (a copy of which is
attached to this application) which allows construction of a
canopy and pumps within the 25 foot front yard setback area.
With regard to the new pumps , they' are to be installed at
the same locations as the existing pumps. Mobil submits that
installation of the new pumps (which are not substantially
different from the existing pumps for zoning purposes) is
merely maintenance and replacement of existing equipment under
the existing variance. As such, Mobil seeks the permission of
the Board to install the new pumps pursuant to the existing
variance.
With regard to the new canopy, it is larger and higher than
the existing canopy which is allowed by the existing variance.
However, the existing variance allows Mobil to have a canopy
within the front yard setback area and Mobil seeks the
permission of the Board to replace the existing canopy with the
new canopy.
In the alternative to the above requests, Mobil seeks a
variance to §7.3 of the zoning by-laws to construct the
proposed pumps and canopy within 25 feet of the front lot line.
2 . Mobil wishes to relocate the existing Mobil logo-price
sign on its premises from its present location in the center of
the front yard to the easterly front corner of the lot . The
proposed location is within 10 feet of the front and side lot
lines . The proposed sign therefore does not comply with
Section 6 . 6(5) (d) of the zoning by-law which requires 10 foot
setbacks from each line. Mobil therefore requests a variance
from that requirement .
3 . Mobil proposes to install a new low level area light
in the easterly front corner of the lot, to replace an existing
twin fixture area light . Since the new light will be within
the 25 foot setback requirement for front and side yards, Mobil
requests variances from those requirements .
The principal points upon which Mobil bases its application
are as follows:
If the Board finds that the proposed pumps and/or canopy
may be constructed pursuant to the existing variance, this does
not constitute zoning. relief and Mobil believes that no other
express findings of the Board are required with respect to the
proposed pumps and canopy.
The points upon which Mobil ' s requests for variances are
based are as follows . These arguments would apply to the
variances requested for the proposed pumps and canopy, if the
Board finds that those proposed structures are not subject to
the existing variance. In any case, these points apply to the
variances requested for the relocated Mobil sign and the
proposed area light .
The points in favor of granting the requested variances
were enumerated in the decision of the Board granting the 1962
variance for this property (a copy of which is attached
hereto) . Therein, the only possible business use of this
parcel is for a small business such as a gasoline station which
may require business activities to be carried out in the front
yard of the parcel . The parcel is not deep enough to permit
the 25 foot front yard setback requirement to be honored.
Additionally, with regard to the variances for the pumps and
canopy, the gasoline business is a competitive one, requiring
periodic upgrading of service equipment (i .e. pumps) and
facilities to make the station a comfortable and attractive one
for the public to use (ie. the canopy) . The proposed pumps are
modern and stylish, and function faster than the existing
pumps , allowing quicker service. The proposed canopy will
protect the customers and their cars from the elements while
service is performed. These improvements are mandated to keep
this station' s customer base in the face of competition having
modernized facilities such as the Shell Oil station directly
across the street, which has a canopy subject to a variance
granted by the Board.
The variances for the sign and area light are required
because any signage and lighting to allow customers to identify
the station and light the grounds for safe passage onto the
property must be in the front of the station to be effective .
Location further back on the lot or to the center of the lot
would interfere with safe traffic flow, because of the small
size of the lot .
Mobil requests that , for these reasons, the Board find that
owing to circumstances relating to shape and size of the
property and to existing structures but not effecting the
zoning district in general, a literal enforcement of the
provisions of the zoning by-law will involve substantial
financial hardship to the applicant and that desirable relief
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may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the
intent or purpose of the zoning by-law.
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Jatt=T 22, 1962
Dar Sir!
The tW\'3aaS>Irag petition vas board at a seating of the Hoard of Appeals on Monday
evening, Jumu y 150 1962 at the Tom Office Bid1dings Haftra preset and voting
we Daniel T. O'Leary, Cbsixmen; Harold Norlay, 3oorstaz7I Robert Js Burks,
Hwy to band and Aesooiatt Member Alfred 13oaglin ubo eat in glace of regulw
manbsr Hrowd Gilman.
Tidm ater On CompmV re"ated a variation of :,ao. 6, pram. 6.41 and Seo. 7,
pe3'a. 7.3 of the. Zoning,Br w so as to permit the erection and operation of a
gawlint service station, an the premises, 1ccatod at the northowt side of
asachaiabetts Aver=# 300 fret, approx., distant from the corer of Furry Stftst.
Thft Pum bewdm vas adtnertised in the regale-Trlbuc a on December 23, 1961 and
59 1962. All abutters vats duly notifUd by certified rail of this bearing.
Hr. BaZph ilarrington, real oaftte representative for Tidmoster 232 Co.; and Vxs R.
&it o Eagineear Par Tidewater on Co. appu med before the Boards There vert no
abutters present and thew* vas no opposition to the petition.
The Board discussed and voted an the petition. 111r, aaf unde a notion to GROT
tstn varlamoso Hr. '48slar-seconded the notion and the vote was unanimous
oeq 17w
xtds Is an appeal from that, portion of section 6s4l of the Zoning Dy+Lew requiring
aawh lot is a general bneabwon arm to contain not less thea 25,000 square f"t,
the subject fat containing 18,000 square foot, more or leas, and a further appeal
!'rm that portion of seeUm 7.3 requiring no building or structure to be ex ted
vithIn 25 foot of the trout lot Lane.
The lot In question is Waged northwesterly and northerly, bV the Shavahean River,
soutbeartorly ty proper currently used au a restaurant and aaaathwaterltiy by
HMaaotmsetts Aveaae, a state highway. The only pesaible business vane for a parcel
of this also is sae that requires the erection of a wall Inn "'-g, much as a ens
station as in the present lnstanee, and the vAriance ander section 6.41 is hereby
granteds
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The RaIn bulhdfag to be bested as shom On ItPPUaaat'r plant* is est bask tLe
tMVfive fte , the CUIY strutaturs lyiatg witbin the front Yazd Spam
a permatae�nt�•tYps caaatalxtittg ,ff uor wet 110ting and than gas pumps.
Tft► PMP4ft Of tbU filar type of ewwff beiv to better dews the oomatMit
In s proteated atsespha t and to keep the lighting on the service area ratbe r t�-
ths Steal area. The VMVISWO rsquested to acsattrgat the Canopy and puma within
Us twnir ave foot fyr=% Yrd area as shatat on appi.iaamtes plea 3s heretpr greats,;!w
tlwInt to conditions •spsoiall,y affecting this parcel of lend but not genarallr
*ffsetiIW the zoning dlsWat, m literal eroraeasnt of the provisjons of the tV lois
Would invratvs subetAntisl, hardabip to the appellant and the granting of those
1110"0 v1U snbatwe the general apgesratnce of the arm vitbout substantially
dOrOPtUff fm the intemb and purpose of the zoning b7.uw.
Very truly yours,
BOARD GF AT ` ,•
T. Otlaery, Ohairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
DaratHt�rar 3b�
Petition No.
Date of Hearing +Ia�15s
Petition of 'SSde �er 8
Premises affected- �rtb .eddy piC I�Fetsa. Aro�d!„_ 4 ft= ,gip, of gqM7 .
Referring to the above petition for a variation from the requirements of the
so as to permit@ tsr.. 1.►_ a:
After a public hearing given on the above date, the Board of Appeals voted to �-k the
Ys1kr1A
and hereby authorize the Building Inspector to issue a
permit to Siderwats� fiJ
for the construction of the above work, based upon the following conditions:
Signed-\/
S. tt%eiurs+ �A /
P
+4�7l1y Be t�
Robert S. Dwko
AI_�.'h11•� a7'f a• Arw.�_i.4 ��
Board of Appeals