HomeMy WebLinkAboutMOBILE OIL (ARSENEAULTS) Rece`1e bTTown Clerk:
Dk'!EL LOPIG
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APR 11 9 21 AN #86
TOWN OF NORTH ANDOVER, MASSACHUSETTS ---- -
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
c/o Donald D. Cooper
Hutchins & Wheeler
Applicant_mobil Oil Corporation Address One Boston Place
Boston, MA 02108
Apfl ication is hereby made:
a) For a variance from the requirements of Section7.3 Paragraph
and Table 2 of the Zoning By Laws .and Section o.6(5)' d) .
D) For a Special Permit under Section 6 . 5 Paragraph3(fLof the Zoning
By Laws .
xx) 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
498 Chickering Road _T._ Street .
b) Premises affected are property with frontage on the North ( )
South ( ) East ( ) West (X) side of Chickering Road
Sit , and known -as No. 498 Chickering+Roa 3$x1434X .
c) Premises affected are in Zoning District GB , and the premises
affected have an area of 35,000 square feet and frontage of
251 feet . '-
3. Ownership
a) Name and address of owner (if joint ownership, give all names ):
Dorothy E. Arsenault, Trustee w/u William J. Arsenault
Date of Purchase 1982 Previous Owner William J. Arsenault
b) If applicant is not owner, check his/her interest in the premises:
`_Prospective Purchaser X Lesee Other (explain)
canopy
44 size of proposed A. 30 ' 4" front; 56'4'1 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 company
5. Size of existing building: 57 feet front; 52 feet deep;
Height 1 stories; 14 feet .(The exist ng building will remain
-" —'--- cn site. )
a) Approximate date of erection: 19_6_3__
b) Occupancy or use of each floor: gasoline station
C:) Type of construction: flat roof
6. Hes there been a previous appeal , under zoning, on these premises?
no _ If so, '.an?�^�
j
7. Description of relief sought on this petition see attached
statement
8. Deed recorded in the Registry of Deeds in Book 1565 Page _ _ 342
Ladd Court Certificate No. Book Page
The principal points upon which I base my application are as follows:
(must be stated in detail )
See attached statement
I agree to pay the filing fee, advertising in newspaper , and incidental
expenses*
et� � .
Signature o Petitioner s
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 include the petitioner, abutters , owners of land directly
opposite on any public or 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 town, 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 shall be responsible
for any and all costs involved in bringing the petition before the Board.
Such costs shall include mailing and publication, but are not necessarily
limited to these.
Every application shalt be submitted with a plan of land approved by the
Board. No petition will be brought before the Board unless said plan has
been submitted. Copies of the Board' s requirements regarding plans are
attached hereto or are available from the Board of Appeals upon request.
LIST OF PARTIES IN INTEREST
Name Address
1 . Dorothy E. Arsenault, Trustee P.O. Box 161, Northwood, NH 03261
2 . $aures P. and Nancy M. Hurrell 293 Waverly Road, N. Andover, MA 01845
3 . Franklin Realty Trust
4 . Robert J. & Irene F. Chaisson 39 Franklin St. , N. Andover, MA 01845
5 . Richard C. & Patricia M. DiCarlo 191 .Massachusetts Ave. , N. Andover,
MA 01845
6 . Local Union 2321 Building Corp. 483 Chickering Rd. , N. Andover,
MA 01845
7 . VFW N. Andover Post 2104 Park St. , N. Andover, MA 01845
8 . Leon C. Asadoorian, Augustine T. 100 Lindberg Ave. , 'Methuen, MA 01844
Walsh, William S. Buco,
Stephen W. Bucco
(use additional sheets if necessary)
Application of Mobil Oil
7. Description of relief souqht 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 within the 25 foot front yard setback
area. Mobil seeks a variance to §7.3 of the zoning by-laws to
construct the canopy within 25 feet of the
front lot line.
2 . Mobil wishes to locate a sign on the proposed new twin
fixture area light near the Park Street lot line as shown on the
plan. The proposed location is within 10 feet of the lot line.
The proposed sign therefore does not comply with Section 6 . 6 (5) (d)-
of the zoning by-law which requires 10 foot setbacks from lot
lines. Mobil therefore requests a variance from that requirement.
3 . Mobil proposes to install a new low level area light
near Park Street on the lot as shown on the plan. Since the new
light will be within the 25 foot setback requirement for front
yard , Mobil requests variances from that requirement.
4 . Mobil proposes to install one sign that it is not entitled
to as of right under Section 6 of the Zoning By-Laws which governs
signs. It is referred to on the planus a "POS" sign (the acronym
standina for Point of Sale) . It will be 20 sq. feet in area and
attached to the proposed new twin fixture area light near the
Park Street lot line as shown on the plan. Mobil requests a special
permit for this sign pursuant to §6.53(f) of the Zoning By-Law
which allows grantina of a special permit for an additional primary
ground sign for service stations.
The principal points upon which Mobil bases its application
are as follows:
The points upon which Mobil ' s requests for variances are
based are as follows . These arquments would apply to the variances
requested for the proposed canopy, POS sign and the proposed low
level area light.
The existing business use of this parcel is as a gasoline
station which requires that business activities be carried out
in the front yard of the parcel . The gasoline business is a competitive
one , requiri,ia periodic upgradinq of equipment (i.e. station lighting)
and facilities to make the station a comfortable and attractive
one for the public to use (i.e. the canopy) . The proposed canopy
will protect the customers and their cars from the elements while
service is performed . This improvement is mandated to keep this
1
station 's customer base in the face of competition having modernized
facilities such as the Haffner ' s station nearby which has a canopy
over its pumps.
The variances for the sign and area light are required
because anv signage and .lighting to allow customers to identify
the station and light the grounds for safe passage onto the property
must be along the roads on which the station is located 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 limited 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 hardship to the applicant
and that desirable relief 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.
The special permit requested for a POS sign should be granted
to allow customers of the station to identify the products and
services offered at the station and the prices therefor. The
existing gasoline station is located at a street intersection
and needs signage on Park Street as well as Chickering Road to
allow it to advertise and sell its products . The site is currently
a gasoline station which fits well with the neighborhood and the
existing uses along Chickering Road. The sign will be appropriate
for the site and will not adversely affect the neighborhood.
It will not create a nuisance or hazard to vehicles or pedestrians .
Hawing a sign on the Park side of the station to display products
or prices will be in harmonv with the general purpose and intent
of , the Zoning By-Law.
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In the Guice 9f thg down: TOWN OF NORTH ANDOVER A4 in
Clerk. '" --y' MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Mobil Oil Corporation Date : , .May, 291,. .19 96 • • • . . . . .
% Donald D. Cooper
Hutchins & Wheeler Petition No.. .09.-$6. . . . . . . . . . . . . .
One Boston Place
Boston, MA 01845 Date ofHearing. . .4aYJ3,, ,1986
Petition of . . . . . .Mobil .0 .1. Corporation. . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . .49.8. Chickering .Road. . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . .
Referring to the above petition for a,variation from the requirementa $ c,• •7,• •Par•a. 7. 3p
and Table 2 , Section 6. 6 (5) (d) and a� -Special of
section. kit . Pxrxgraph. .3 (f). , of. the Zon nc3 BXLs<ws. . . . . . . . . . . . . . . . . .
so as to permit O,f .,c.anppy. within. .25. .ft. .of. ,front. ,lot, line ,.,, locate
sign; on. now. twin. Ux.t vr!q .aria, ,near, Park , St, . within .10 ' of lot line a install
low level light near Park St. and install one sign 20 sq ft in area and
(liter 4KPlt 4 �IRlVrx9sm 4 FDPPA4kNRW& #XXXXXXXXX)ftI[X
attach to new twin fixture area light Park St lot line on 498 Chickering
t� i6 ��]fax�8 Rd
permit to Set .at:ta.che.d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Signed
7Y
. . . . . . . . Frank. Sorio.,. .Jr... ,. Chairman
• • Alfred Fri ze.11e., .-Esq.., .Vice—chairman
. . . . . . . . Aug-us#-.i.ne. .Nicke.rson,. Clerk
. . .Williamm -Sul1ivan. . . . . . . . . . . .
Walter. -Soule. . . . . . . . . . . . . . . . .
Board of Appy
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in the Office
Clerk. TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
May 29 , 1986
Mobil oil Corporation
% Donald D Cooper
Mr. Daniel Long, Town Clerk Hutchins & Wheeler
Town Office Building One Boston Place
North Andover, MA 01845 Boston, MA 01845
Dear Mr. Long:
The Board of Appeals held a public hearing on May 13, 1986 upon the
application of Mobil Oil Corporation who requested a variance from
the requirements of Section 7 , Paragraph 7. 3 and Table 21 also Section
6 . 6 (5) (d) and a Special permit of Section 6 , Paragraph 3 (f) of the
Zoning ByLaws, so as to permit construction of canopy within 25 ft. of
front lot line , locate sign on new twin fixture area near Park Street
within 10 ' of lot line , install low level light near Park Street and
install one sign 20 sq. ft. in area and attached to new twin fixture
area light near Park Street lot line on 498 Chickering Road. The
following members were present and voting: Frank Serio, Jr. , Chair-
man, Alfred Frizelle, Esq. , Vice-chairman, Augustine Nickerson, Clerk,
William Sullivan and Walter Soule.
The hearing was advertised in the North Andover Citizen on April 24
and May 1, 1986 and all abutters were notified by regular mail. On
a motion made by Mr. Frizelle and seconded by Mr. Nickerson the
special permit was DENIED, voting in favor for deniel were Mr. Frizelle ,
Mr. Nickerson, Mr. Sullivan and Mr. Serio, against; Mr. Soule.
Motion made by Mr. Frizelle and seconded by Mr. Soule to GRANT the
variance of Section 7, Paragraph 7. 3 and Table 2 , Suction 6 .6 (5) (d)
of the Zoning ByLaws subject to the following conditions: canopy is
allowed within 25 ' of lot line and shall not have a Mobil logo on it,
two low level lights near Park Street allowed subject to the conditions
that free standing sign on Park Street be solely for the Mobil logo
idea. Vote was unanimous .
The Board feels that the granting of this variance will in no way
deter from the existing neighborhood.
Sincerely,
rank Se o, Jr , CRairman
BOARD OF APPEALS
/awt
Mobil Oil Corporation (Cont.inued decision)
After a public hearing on the above date, the Board of Appeals voted to
DENY the special permit of Section 6 , Paragraph 3 (f) of the Zoning Bylaw
as requested. Motion made by Mr. Frizelle and seconded by Mr. Nickerson
to deny, vote in favor; Mr. Frizelle, Mr. Nickerson, Mr. Sullivan and
Mr. Serio. Against; Mr. Soule
Motion made by, Mr. Frizelle and seconded by Mr. Soule-to GRANT the
variance of Section 7, Paragraph 7. 3 and Table 2, Section 6 .6 (5) (d)
of the Zoning ByLaws subject to the following conditions : canopy is
allowed within 25 ' of lot line and shall not have a Mobil logo on it,
two low level lights near Park Street allowed subject to the consitions
that freestanding sign on Park Street shall be solely for the Mobil
logo idea. Vote was unanimous .
Form 81 P - x ' !(1963) North Andover Planning Board
NOTICE TO TO* CLERK OF ACTION OF PLANNING BOARD ON PLAN DESCRIBED BELOW
.ate»-•
Name and Address of Applicant: Date of Submission of- Plan:
Mobil OU Cm*watfon April 5. 1971
611 North Atte
Wakefield a MOssachoselts 01860
Town Clerk, Towti of North Andover
Town Office Building
North Andover, Massachusetts
Dear Sir:
We forward to you herewith the original and new copy of the plan
described below, heretofore submitted to this Board under G.L. c. 41, s. 81 P,
which you may deliver, upon request, to the applicant above named.
EXACT TITLE OF PLAN, with date and name of Surveyor:
Plan of Land J#North Andaver, Mass. . Surveyod for ill Cbl Corporation;
Segel" = 401; April. 1871; Em n fs. Flonlijig
4 B#invaau. Ino, f
De��land "sufficient for identification":
A parcel of ImM at the intersection of allc raring Road and Park Street;
coning 31#04 square feet; being a redivision of land shown an a plan
entitled "Plan of Land in North Andover. Mass* owned by William Arseamdt.
dated April 7, 1958 by Ralph B. Brasseur, C. E.
Title reference: North Essex Deeds, Book , page
Attorney for Applicant:tt y pP
!" 878'
The action taken by this Board upon said plan is indicated upon the
reverse hereof.'
c
(1) The North Andover Planning Board has determined that said plan does not
require approval under the subdivision control law, and the appropriate
endorsement has been made upon the same.
(2) The North Andover Planning Board has determined that said plan shows a
subdivision, as defined by G.L. c. 41, s. 81 L. and must therefore be
re-submitted to it for approval under the subdivision control law.
(3) The North Andover Planning Board has determined to take no action upon
said plan.
Very truly yours,
NORTH ANDOVER PLANNING BOARD
By, Y�/
Date: ✓� ( r
s 77
Form 8l P - 4 (1963) North Andover Planning Hoard
NOTICE TO TOWN CLERK OF SUBMISSION TO PLANNING HOARD OF PLAN DESCRIBED BELOW,
BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW
Name and Address of Applicant: Date of Submission of Plan:
MWO an CWPWAN 1*1
44 00S Alm �5 rg
3 �
A
Town Clerk, Town of North Andover o ASR 5 ��/ N
Town Office Building o J�H($1 LYONS N
North Andover, Massachusetts
<°c :CtLWN CL'ERXj w
Dear Sir: c0 NORTH AND0116t Z
9ps 4pb
Pursuant to the provisions of G.L. c. 41, ss. 81 P E Za u are
hereby notified that the plan described below has this day been submitted to the
North Andover Planning Board for a determination that approval of the same is not
required by the subdivision control law.
EXACT ' TITLE OF PLAN, with date and name of Surveyor:
Pbs st LWd it Tilt As !!,, r Now r �t! (S �Iim
11*De
+► tla� u�cie ci�flE� i� ` O
A PROA 49 lud at ISM ftftnMsda d MAW68 fti Wd Puk ft"184
31#4" Mow*1M k bdW6 a MWkida d bail w14A r pan
W "Pha d LOW ta A969 r, M016 *WW IV WOOM A1000d e
4WO APW I# 1W IV BWk*16 NWMWW* Ce to
Titlereference: North Essex Deeds, Book , page
Attorney for Applicant: d M"
Very truly yours,
Applicant
Oversized Maps on file with the Town