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HomeMy WebLinkAboutSCHRUENDER, GEORGE TELEPHONE 476-5601 jj AREA CODE 677 RICHAFIto SULLIVAN LAWREIQ � SULLIVAN , ATTO"m 8 AT LAW P. a. SOX 440 '6 ANDOVER STREET ANDOVER. MAGG. 01810 March 29, 1978 Clerk of the Board of Appeals Town Hall North Andover, Maes. Subject: Johnson et al vs. North Andover Board of Appeals et al I Dear Mrs. Blackstock: I enclose herewith a copy of a favorable opinion rendered in the above case. This decision is dated March 22nd as you will note and the appeal period will run out 30 days after that. Very ly yours , Richard M. Sullivan RMS/ms Enc. C ( , 12 12 14 RECEIVED 01 TOWN CLERK �!p NORTH ANDOVER`i��S4(�.)L VS �rLQ,1►Z�', I� p ' h V t CONVONFFALTH OF MASSACHI?SETTS Essex, ss . Superior. Court No. 10056 EDWIN E. JOHNSON, ET AL, ) Plaintiffs, ) v. ) RULINGS ANP ORDER SCHRUENDER REALTY, INC:. , ET ALS, ) '� Defendants . ) This is an appeal under Chapter 40A of the General haws in which petitioners complain of the decision of the North Andover Zoning Board of Appeals granting permission to the respondent, Schruender Realty, Tnc. . to vary the provisions Of the North Andover Zoning By-Law. By its decision, the respondent Boar; allowed, with sixteen conditions, the erection upon land owne6 by Lhe respondent Schruender Realty of a rascline station to replace a station which had been located on the property for about fifty years. upon hearing by this Court, theze was no testimony by Plaintiffs and substantial uncontroti-ertPd testimony by the Defendants that the appearance of the property and neighborhood would be mucic enhanced by the replacement at tre present antiquated structure by a modern pumper station conforming to the conditions required by the Board in its decision. It was also in evidence that the present and pzoposed txSn"i� • g..k p. wv. ,^,.,. .� w, ,. ' :.,. ,:.^: rte':-�v...,. .._.. r stations were operated as Amoco station; .upon property leased by Amoco from the Defendant Schruender at a point where Chickering Road and bu.fton Court came together at an angle of less than 45 degrees, the leased property thus; being, triangular in shape . The variances allowed by the Defendant Board involved the setbacks from each of these two public ways and from a residence in order to permit the erection of canopies over the proposed gas pumps . Testimony of the town 's building inspector indicated that the present structure actually intrudes slightly into Dufton Court . Plaintiff established by deeds and records that the parcel upon which the Board was requested to act by Schruender's application was described in that application as the total property oHr.ea by Schruendet at that location of which the triangular portion leased to Amoco comprised less than one- half. The Court finds as a fact that this misdescription of the parcel was a matter of inadvertence and that the Board was at no time confused or misled as to the question before i t.. There was evidence from the Defendant Schruender and from a representative of Amoco that unless permitted to build their proposed new station, Amccc would not renew their lease. Aaditionally, there was testimony by Defendants that the station 's sales had declined as a result Of its antiquated condition and that a substantial increase in sales could be anticipated with the erection of a new facility. Accordingly, upon all the evidence the court finds that 2 A �!+ f ' ,M` 1^.f .. ..r I te`s.^.y�3 4i ue ._'..,a.+[WA";'�WRI�,�a�A*�` '4?"+YS. . _ 'y�p�y, .:.�.�y ♦d "r�e.aw.�..._._ ,.. t •� R J the allowance of the variance would relieve the Defendant Schruender of a substantial hardship while enhancing the neighborhood and without derogating from the intents and purposes of the by-laws . The decision of the defendant Board is hereby upheld. Entered March 22 , 1978 . l Banks , D.C.J. 3 I :., .,. •f'YTA FM,..: .• Ya,l;,,:tM.,+.Flus.r, . + �' �fl ^.a y<wY_.K+w"+'WgM' uH��:•-tN!`�°, r y�Mi4rylllglA'94":'M1"K"' '+.+il.Q..�.I'VIO } RECaiVE'� DAN,y/isE!Ir fL0p4y • NORTH ��p� �l;,�l\7� � €�ovER ti be fi1�d � 17 of t tris iNotice Gate the Town .oHuse in the Office of. TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS George H. Schruender * Petition: #121-90 73 Chickering Rd. N. Andover, MA 01845 * DECISION * * The Board of Appeals held a public hearing on Tuesday evening, September 11, 1990 on the application of George H. Schruender requesting a variation of Section 7, Paragraph l and Table 2 of the Zoning Bylaw so as to permit relief for undersized lot by 191 sq. ft short of the required 12,500 sq. ft on the premises located at 350 Osgood St. The following members were present and voting: Frank Seiro, Jr., Chairman, William Sullivan, Vice-chairman, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on July 25, 1990 and August 1,1990 and all abutters were notified by regular mail. Upon a motion made by Mr. Rissin to grant this variance, and seconded by Mr. Vivenzio, the Board voted, unanimously, to DENY this variance as requested. The Board finds that the petitioner has shown no hardship exists and therefore has not satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning By- law and the granting of this variance would derogate from the intent and purpose of the Zoning Bylaw and adversely affect the neighborhood. Dated this 13th day of September, 1990 BOARD OF APPEALS Prank S rio, Jr. Chairman /awt PE Q� pAEIEL L00 d :o:��`p '�'•� TOWIt CLERK be {i\� ,•. ��r+. :,s NOitTN JWDOVER c\o a CH � lI � 1? cnis9 'A -n1 .�� ^' cf �o�o: va\t` 'o\ \\, \s o� th? TOWN OF NORTH ANDOVER date wir"aMASSACHUSETTS G�eSK` SOARD OF APPEALS NOTICE OF DECISION George H. ,Schruender 73 Chickering Road Date September 13,. 1990 . North Andover, MA 01845 petition No.. . . . : 121-90. . . . . . . . . . Date of Ham. . September 11; 1990 petition of . . . . .George, H.. _Schruender. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . promises affected . . . . . . . .350.Osgood .Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements ofAM Sectt9p. 7.9. . . , Paregr4ph.'1a44,T4ble :2.4i'. the . onlpg BY.IeW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit relief. of .uuder.s.ized.lot. 191.sq,. .ft• .sh9rK .qf ..the. xegvired. J1 ,.50Q, sq. ft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ;. . After a public hearing given on the above date, the Board of Appeals voted to . DM . . . . : the variance .as .requested. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Se S' ed �..�.w�- 4m Frank io, Jr. , 'Chairtman William Sullivan, Vice-chairman . . . . . . . . . .Raymond •Vinenzio . . . . . . . . . . . . . . . .Anna O''Connor: . . . . . r. . . . . . . . . . . . . . . . . . . . .Louis! Rissin. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals A Received by Town Clerk: l• � TOWN OF NORTH ANDOVER, MASSACIIUSF.TTS BOARD OF APPEALS6 8 5 5000 APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE �t i Applicant George H. Schruender 73 Chickering j;d. A. ��__----------__ Address 1. Application is hereby mades70 44 a) For a variance from the requirements 'of Section 7 Paragraph 1 . g 7 and Table 2—of the Zoning By Laws. N ( b) For a Special Permit under Section Paragraph` of the Zoning ;ham + By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority; 2. a) Premises affected ace land_; and building(s) x _numbered�0' Osgood- St . Street. j b) Premises affected are property with f�aSnta9edor§tthe North (X) South ( ) East ( ) west ( ) side of UU _g_ Street, and known as No. — Feet. . --._3.�Q�1sp4S2.� S t . - C) Premises affected are in Zoning District R_4 and the premises 4. a £e ted have an area of12 .3 U9square fa-et' frontage of 10� feet. 3. Ownership 4) Name and address of owner (if joint ownership, give all names): Eunice A. Anderson Trust 1 ----------Eunz-ce-Mrde-.rson (before that. Date of Purchase,_L9Afj___—__previous Owner John ZR=hea b) If applicant is not owner, check his/her interest in the premises: --Prospective Purchaser Lesee X Other (explain)Rbal Estate 4�4 Size of proposed building:' 40 r Fronts 2R feet deep; Agent Height 2 ' stories; eet. a) Approximate date of erection:. Fall 1990 b) Occupancy or use of each floor: Residential home C) Type of 'construction: Wood 5. Size of existing building: fact front;_ feet deep: Height stories,, a) Approximate date of erection: 1800 b) Occupancy or use of each floors_ Residential home C) Type of 'constructions;;+.., 6. Has there been a previous appeal, under zoning, on these premises? :;ai•. n4If so, when?_—_Y i 7:1 Description of relief sought on this petition ZS-e parcel is •1• `.i' 191 . sq. ft . short of the require 12 , 500 s•q. . ftp.' 8. Deed recorded in the Registry of , Deeds�in Book .1;216.6329 329 Land . Court Certificate No. Book 'Page ; The principal points upon which I base ,my application are as follows: (must be , stated in detail ) - 0 . 1,1, " ; .. This parcel shows on the deed -as over '25, 000 sq. f . ' and therefore I went o have iU subdividedan • t e p •Tan s1"ows a :,s M7. . s o ' There are many�ots in this area t at are un er ;, • inc u ng e , adiacent lot_and •Chereforre I feel this variance sh•bu,ld be. granted . I agree to pay the filing fee, advertising in newspaper , and incidental expenses* s !. Signature o Petitrts ,• 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- • afficiaL application form . All information .'called ,for by the form shall be furnished by the applicant in the .manner ' 4herein.•prescribed . Every•-application shall be submitted with a list • of '•"Parties In Interest" • which list shall • include .the petitioner , •abutters , owners of land directly apposite 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 . bn the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city Dr town, the Planning Board . of the city or town, . and the Planning Board of,;, avert' abutting city or town. "Every application shall be submitted with ' an application charge cost i) the amount- of $25 . 00. In addition, the petitioner shall be responsiblci ••, '. Eor any• and all costs involved in bringing the. petition before the Board . .:, ,! iuch„ costs shall include trailing and publication, but are not necessarily,.''.':' { Limited to these . ,very application shalt be submitted with a plan of land approved by the 3oard : No petition will be brought before the Board unless said plan has ' peen 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 ' U 5� al e-x r' C' 'i Any appeal shall be f0ed r within (20) days after the date of filing of this Notice in the Office of the Town _ VER Nov IS 12 ©8 FM '83aACH�cwus TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 15 ; 1983 Mr. Daniel Long, Town Clerk George H . Schruender, Jr . Town Office Building 855 Salem Street North Andover , Mass . 01845 Petition No. 67- ' 83 Dear Mr . Long : The Board of Appeals held a public hearing on Monday evening , November 14 , 1983 upon the application of George H. Schruender, Jr . The hearing was advertised in the North Andover Citizen on October 27 and November 3, 1983 and all abutters were notified by regular mail . The following members were present and voting : Frank Serio , Jr . , Chairman ; Richard J . Trepanier , Esq . , Clerk ; and Associate Members Walter F . Soule ; Maurice S . Foulds ; and 'Raymond A . Uivenzio . . The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7 . 3 and Table 2 of the Zoning By Law so as to permit relief from the side setback requirement to allow the continued existence of a dwelling which does not meet the setback require- ment on the right side on premises located at 855 Salem Street . The petitioner testified that the dwelling was constructed in 1973 and when a recent plot plan was required by the bank for mortgage purposes , the violation was discovered. Upon a motion made by Mr .Trepanier and seconded by Mr. Soule , the Board voted unanimously to grant the variance as requested . The Board finds that Section 10 . 4 of the Zoning By Law has been satisfied . In particular , the Board finds that a literal enforce- ment of the By Law would create a hardship to the petitioner . Sincerely, -�—/ Frank Serio , Jr . , Chairman J',w Any appeal shall be filed RE _% �.Np within (20) days after the GAWE.I. �r;, r32: date of filing of this Notice T 0 I«^ In the Office of the Town Nflfi1 r ER: s•. teas :. • Clerk. � Nbv` PT 17aPN'13 icnu� TOWN OF NORTH ANDOVER MASSACHUSUM WARD OF A"EW NOTICE OF DECISION Date . , . Nove.mbe.r.,15 , 1983, Petition NO.. . A?7.'_83. . . . . . . . . . . . Date of Hearing.N p,v,e m;b q r. .14_,. , 19 8 3 Petition of . . . . .GKQRG.E . H, . .S_CNR.UENbER., .,J.R, Premises affected . . . . A5 5. .S a 1.e m. .S t r e e t. . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Z o n i.n 9 B y„L a w Sec.ti�.�l . 7.., . P.ara.9r.aRh. .7 ,3 ,anal. Tabl.e . ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sonstopermit . . .r.el:i.ef. frA.m. .the. .side . s.et.b.ae.k . re.qu .remgnt .sg, ; as, to . . . . ... all.ow. _the; . co.nti.nue.d . e.xis.ten.ce; .of. .a, dwe.l.ling,. . . . . . . . . . . . . . . . ... . . . . . . . . . . . , . After a public hearing given on the above date,the Board of Appeals voted to . G r a.n t. . : the v a r:1 a n:c e. .a s r e u e s.t eA . . . . . . . . . . . =&hanebV)&vth asi*xftxRufl W ZwpiftdtxtW xt> . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . x xfgt<dWWbMi4 A6W 49 W416W i6W BM414WOA 4dlB6#+?' UrHMA: Signed Wa.l.ter. .F... .So.ul e., . Asso.ci Ate. .Mem.ber Ma.u.r. i.ce.S.. . F.ou.l.ds.,. .As.soc.fat.e. Member Raymo.nd. A . . .V.iv.enz.i.o,. .As.s.oc.i.axe Member Board of Appeals i YPPLICATION FOR rYDORS.111. IT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL June 1, 1981 19 To the Planning Board of the Town of North Andover: The undersic~. ed wishes to record the accompanying Man and requests a determination by said Board that approval by it under the Subdivision Control Law is not required. The undersiLned believes that such approval is not required for the following reasons: 1 . The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By-Law and is on a public way, namely, Hillside Rd. or a private way, namely, being land bounded as follows: Hillside Rd town of Andover Trowmbly and Gordie Hillside Rd_512 feet then town__of. Andove _5ML_feet_then_hy- - - 1 land of T'rombly 458_feet then_by Goldie 254 feet tog;_ �,nring.__ 2. The division of land shozm on the accompanying plan is not a subdivision for the following reasons: Each lot has 125 feet of frontage on an accepted Street. 3. Title reference North Essex Deeds, Book 1488 ; Page 24,290345,;_ or Certificate of Title No. Registration Book ; Page Received by Town Clerk: Date AppI c t s Si�;natur ILL ,y Time �� >0-. �'�'�� ao xz — JUN j ] � "? Applicant 's address 73 Ghic_kermgg Rd. Si natlz e: <= ro North Andovc r, Ma . ti Owner's Si_^nature and address if not the aa�licant:cc - s e`R . — I� �ove - "otice to APPLICr;iT/TIU&J CLEPK of Action of PianninG Board on accompanying Pl -n: 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 u_aon the same. r 2. subdiv's' o , — ana ^ be %M-O"hmitted to i F P MaT Unuer i cri�i nn Cnntrnl T.a w_ Very truly yours, ,I IN OR ER Ld " JG B s Date: I I f I I I r , y APPLICATION FOR ENDORS: b']27T OF PLAN BELIEVED NOT TO REQUIRE APPROVAL ,lune 1, 1981 19 r To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompan;;ing plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1 . The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By—Law and is on a public way, namely, Hillside Rd. or a private way, namely, being land bounded as follows: Hillside Rd town of Andover Trowmhly and Cordie 2. The division of land shown on the accompanying plan is not a subdivision for the following reasons: Each lot has 125 feet of frontage on an accepted Street, 3. Title reference North Essex Deeds, Book ; Page ; or Certificate of Title No. Registration Book ; Page Recei�e� .ly'�yPown "'yp R lY Date: �/ "} � a Applic afQt, s tur Timet y Applicant 's Address 73 Chickerigg Rd._ C w �1&nw ,, a 9' North Andover, ,T y 0 Owner's Si nature and address if not the aonlicant: to it I Isi.ce Q $?Ce R ranv c ane mover Notice to APPLICANT/T01W CLERK of Action of Planning Board on AWompanying Plan. 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. 411 s. 81-L, and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, NORTH ANDOVER PLANNING BOARD By: ^_ Date: f Real SCHRUENDER REAL ESTATE REALTORS 77 CHICKERING RD.(RTES.125&133)a NORTH ANDOVER, MA 01845.6171685-7687 December 18, 2978 Daniel Long., Town Clerk Town Hall North Andover, Ma, 01845 Dear Sir, On September 27, 1978 I filed a petition for a variance for a sign on the West side of Chickering Road. On October 16, November 13, and November 29, 1978 a public hearing was held. As of December 15, 1978 the decision has yet to be rendered. Therefore I ant notifying you that under Massachusetts law the seventy-five days have passed and that my petition as filed shall be approved by the town of North Andover. I request that this letter be part of the town clerk's records. Sincerely, �4W �. GEORGE SC NDER, JR, GRI REALTOR Helping People Buy or fell Homes Anyplace In the UIRI �: Araa.ln S isas TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS December 15, 1978 Geo. H. Schruender, Jr. 77 Chickering Rd. Petition #18—'78 Daniel ,Long, Town Clerk Town Office Building North Andover, Ma. Dear Mr. Long: A public hearing was held by the Board of Appeals on October 16, 1978, Nov. 13, 1978 and Nov. 29, 1978 upon application of George H. Schruender, Jr. who requested a variation of Sec. 6.64, 6.65 (d) and 6.78 of the Zoning By-Law neo as to permit the erection of a sign as shown on a plan dated October 6, 1978 and located on Chiokering Rd. The following members were present and voting: Frank Serio, Jr., Chairman; R. Louis DiFruscio, Clerk; James D. Noble, Jr.; John J. Gaffny, III; and Richard J. Trepanier, Assoc. Member. The hearing was advertised in the Lawrence Eagle-Tribune Sept. 30 & Oct. 7, 1978 and all abutters were duly notified by regular mail. The petitioner requested a variance for a non-aooessory sign so as to permit erection of a sign for advertising and directional purposes for a business located off the parcel on which the sign would be situated. Upon reviewing Seo. 6.31, 6.33, 6,311,16.52, 6.52 and 6.78 of the By-Law with emphasis on Seo. 6.52 and 6.78, the Board Pound it was specifically prohibited from granting such a variance as requested. Therefore, on a motion made by %r. Trepanier and seconded by Mr. DiFruscio the Board voted unanimously to DENY the petition. Very truly yours, BOARD ,OF APPEALS �s cg jc tCEIVEO o DEC 22 1978 w Frank Serio, Jr., Chairman $ 111M ; JDN.glo �l�'dM M�N7so Soll-�sa-arVrno �N�i.slx� -�y-���7� 'Sy�cr�� stH� /,, �O r,ol�ln� ao� S'�NI'i M�►y o� aNb 9N1��"�21di�� So��Q �O S?�-a.ys�9�Z1 J Q�NSI��'v�-sem 1,a�r��Id sl��vr�7�Q S�-��as-S 5i7 IHTdl7 S?j��NI�JN� �1 dn17��J Z{O 71'1 n4 .-Ao -aSo►yi�aMV NMC7HS zs�nocic�b ort lg z»rootNV IS-v 9A'dM 1=3 NV IQ1-ala2]lcj-Jo SHIL dNt7 SCJ-`�71'7�sS'C� �S'v'1v��9771N'�d,� Sd1N527'�i��`/�O �N11Stx� �}T`�Idl/�iQ C�NI-1 �H -a72V NMOHS S'aNI'7 i'l--7z�;34o2lCJ GHJ B J- =3Ld 07-,,1 -3-1 v�c�L61 % �O d , � J ?a -aa N a n zt H CJ, �z�o� �-�►� _ `-bvd aaatreazcd a N`v' o N` I w �� ' N -,vnaztmv�o �.-va aj►.t17�'V'bN �o +�lva S-I` 94&6V �o Ci-"OQ -m-a^OONV'ON JOHN J. LYNCH - TiunwNi 685-3551 JOHN J. WILLIS JOHN J. WILLIS, JR. _ LYNcn, WILIUS AND WILLIS ATTORNEYS-AT-LAW 160 PLEASANT STREET NORTH ANDOVER. MASSACHUSETTS 01845 December 69 1977 Mr. John J. Town Mark North Ando"r Team Hall North Andover, &as. n: Etwin N. J et al vs. SebrumAer Nealtys Imo at ala SssePz 0ounty Superior court Dear Mr. Ions: Pursuant to Massachusetts Gonemd laws, Chapter 40A* Section 171, as Amooded, notice is hereby► 63.TM that tm December 6 , 1977, 1 filed with the Nesez cr OcUrt a Bill of Clave Isint agpee►limg from the decision of the► Board of Aneals of the Town of North Jlnd+c+ver, tiled with you on Nor 2$, 1977, in the matter of tbcs iseumme of a variance to Schrusaor Bwea1t7, lnco for the described in Board of Appeals Petition No. l3- 77• A ocpy of the Bill and attachedExhibits +eine enclosed herewitho lfery tru177100" John #T• lWnth JJLsenh loolosures 11 Jobn J. lames, TQv4 oink of the Town of North Ando"r, have received on this day of Decemiber* 1977, a ceapy of this letter and a cop"7 o Bill of P laint to which a certified copy of the decision appealed from bas been attached, referred, to therein, and Y fiz mfr sigmeturs hereto as as acknowledoment and a receipt of the said documents. ..,....,,....,. m NJ* Town Mork Tonin of North AvA*ver i I v t 1 OR iSIlM h 01 N0* BDWARB Jo KARUN Plaintiffs BM 07 00xrrA=Tr� V► . Ali'1' T Gni. CNAPEM WA, 4wtift 171"�v� yp } A N.UMER .�, IN4i and UAIK 8BR109 J1* I ALYRUI E. FRtI�L�� � Lt3M DiI�tUS4l0, JAMBi3 D. ot and RAM Ro most being members of the Board of Appeals of the Tana of Ruth Andover, Defendants 1, The Plaintiff, Blain 3, Johnson,, in the owner of real *#tats located at 47 Ohie keriss Road, North Andover, Base% County Massachusetts, and is an interested party under the provisIOUS of Massachusetts General Laws, Chapter 40A, Section 17, as Amended. 2. The Plaintiff, 14ward J. Marson, is the owner of real estate located at 41 Qdakeriv$ Road, in said North Andover, and is an interested 'party under tine provisions of Massaohnsett# General Laws, Chapter 4QA, Section 17, as Amended,, 3. The V* t mater Realty I Ince , a Massachusetts ea�atiea, is the *=or of the locus situated at 77 Cl ickerIng Road, in said North Andover. a. The Defendants, Prank Serie ,fir. , Alfsr+ed 3. Friselle, I+4�AS Bilruscio, Jaws Do Roble, Nx, and Ralph R. Joyxa, are members of the Board of Appeals of the Toem of Forth Andover. 5. The Plaintiffs appeal from a decision of the Terms of !Werth Andover Board of Appeals, dated November 259 1977, rendered as a result of a public hearing hold on September 19, 1977, LYNCH, WILLIS &WILLIS and two subsequent meetings held on dates whioh ,e'w Plaint 18 have beet► unable to determine an of this dame. Said decision. ATTORNEYS-AT-LAW 160 PLEASANT STREET NORTH ANDOVER, MASS. 01845 F i , S• (continued) was filed with the Tow Clerk of North on 8ovexber 25-b 1977, a certified copy of which in attached hereto and marked Xxtibit "A"t 6. The Plaintiffs allege that said decision saceeds the authority eef the Board of Appeals of the Town of North Andover, and further state that they are persons aggrieved by the action of said Boards 7. The Plaintiffs allege that than Defendant$ Sohruender Roa7 tf, Race's application for a variation froK the requirements of Section 6.3, 7.2 and Table 2 of tlsa Zoe PT�Law is ropughent to the Dy�Law of the Town of North Andavere go The Plaintiffs all that there awe no existing conditions which apply unique to the locus which are sufficient to enable the Defend! ► AchruerAor Realty, lace to receive a variance from the uair g lkr-zewo 9. The Plaintiffs all that the Defendant, Schruendear Realty, Inc. has not given evidence as to bow a literal enforcement of the Zoning By-Lows would involve substantial ship, financial or otherwise. ltd« The Plaintiffs allege that the granting of the Variances substantiall3r derogates from the Zoning BY-Law of Us Tom of North Andover* 11. The Plain-tiffs allege that the decision of the Defendant Board of Appeals mobs" failed to make affirmfin4ia�gs aso to the wdsteence of each condition of the dtaltntte (aeLe Chapter40A as Amended) required for the granting of the Variances 1.2, The Plaintiffs ailsga that the Defendant Board of Appeals members failed to Me propor notice of its decision to all interested parties as required by Raeseahusettts 0en+earal Lars Chapter 40A as Amended. WHERMRZ,j the Plaintiffs demands 1. That the decision of the Zoning Board of Appeals of tbo Town of North Andover be anwl. ed; 2. Por suQh other and further "List as this Ncnorable Court sail does meet and prcpere SWin B, ,TtJEMN is XDVAND Js KOZO LYNCH, WILLIS & WILLIS 160 Pleaseat ftroot a Rini �y�y ATTORNEYS-AT-CAW '1�1_. y , t fil�/@It ` No,.rit. er, of 0,845 16D PLEASANT STREET JJR 3 7"fiF North NORTH ANDOVER, MASS, 01845 # � a �� Arxtln n E 1 F1srRr S��w o �1 C ,d � ,tea TOWN OF NORTH ANDOVER R MASSACHUSETTS c NOV P's 15I7 � 1QH J. LYQtis ^' d? aTS2Y81 r FRK BOARD OF APPEALS so N.4RT�t A; t1�4E8 2 ' C —w November 25, 1977 Schcuender Realty, Inc. 13-'77 ,: John J. 'Lyons, Town Clerk Town Office Building North Andover, Ma. Dear Mr. Lyons: A public hearing w<.s held by the Board of Appeals on September 19, 1977 upon application of Schruender Realty, Inc, who requested:e variation of See. 6.3, 7-2 and Table' 2 of the Zoning By—Law so as to permit the construction of -i self—service pumper station in place of the presently existing building as shown 3n a plan of land dated Aug., 9, 19771 revised Oct. 24, 1977 located on Chickering Rd. T'ie following members were present and voting: Frank Serio, Jr., Chairman; Alfred B. Frizelle, Vice—Chairman; James D. Noble, Jr. ; R. Louis DiFruscio, Clerk; and Ra1)h R. Joyce. The hearing was advertised in the Lawrence Fagls-Tribune on Sept. 3 & 10, 1977 and all abutters were duly notified by regular mail.- Evidence was submitted on the date of the public hearing plus two continuing meetings. The petitioner agreed to waive-any statutory time limits in which the Board must act. We refer you to the minutes of the Board of Appeals meetings for the evidence that was submitted at these hearings by the petitioner. The petitioner asked for variances from setback of Dufton Court by 7 ft., front setback from Chickering Rd., and a setback from a dwelling located on the same business premises, all as outlined in See. 6.3 and 7.2. Evidence was submitted that the shape of the lot was triangular and that the canopy covering the gasoline pumps could not be placed on the property so as to avoid these violations on setback requirements. The Board made the determination that this was due to the unique triangular shape of the lot peculiar to this particular lot and not affecting General Dasiness - ,ones in general. The petitioner submitted evidence that he was presently operating; out of an antiquated gasoline station not suitable for the use for which he proposed. ' To continue such an operation would work 'a financial hardship upon the petitioner and, by allowing these variances, the Toard determinedthatit could relieve this hardship. No evidence was submitted that the granting of these variances would be detrimental to the neighbor'iood or the community in regard to the structure which was proposed. On the other hand, 'I a a 'Zt`_h,rre nder Real ty, Inc. Decision - y cftIlince. that the pro Oned ;lc.w St:'1 tur'e Y:iiU , in.ldr.,-^ p et, enhance the nea i,'1ot,.o,d Ln that it would be more appealing and generally improve the apDearancz by substituting the new building for the old one. The Board also Trade the conclusion r based on the ev_dence that -lie intent of the By-Law would not be substantially-dere gated from in granting the variance. Upon motion and second of Messers Joyce and Noble, respectively, the Board unanimously moved to GRANT the variances requested upon the following conditions: 1) the petitioner spall submit new plans eliminating the 10 ft. on the an now will now be 15 ft. from the front lot line, size 48 X 32; 2 there shall be ft ) ( from the corner of the canopy to Dufton` Ct. _..which is the left rear corner as view from Chickering Rd.; the right rear corner shall be 12 -'t, from the existing stone retaining wall, right rear corner as viewed from Chickering itd. ; 3) the rear of the attendant's building shall be not less than 11' 6" from Dufton Ct as viewed from Chickering Rd. ; 4) the old building shall be ,razed prior to issuance of the Building Permit for any construction; 5) the existing islands, pumps, lights and sign with pole must be removed; 6) delete from the plan as shown the proposed sign at the locus of Dufton Ct. and Chickering Rd. ; 7) curbing and entrance cuts shall comply with the existing town By-Laws, sec. 7.2(6); 8) install a new ccicrete walk and put in a grassed area between the two 30 ft.- open- ings on Chickering R1.; 9) there shall be o ,e 30 ft, opening on Dufton Ct.; 10) the plot plan shill read "Proposed Pumper Station"; 11) the Board reserv�s ,the right to revoke final; approval until such time as plans are submitted to the apF.roval of the Board; 12) plans shall show provision for surface run-off and drainage; 13) a performance bond in the amount of $lo,000. to bq' released by, the Board upon satis- factory completion of all work; 14) the proposed canopy,will not have any lights or advertising on the outside other than one sign )n the roof which shall be in compliance with the sign by--law; 15 all lighting shall be under the canopy directed downward; 16�.`completion date shall not exceed June 30, 1978. The above conditions and the plans which are requested to be submitted are incorpprated into this decision and a part thereof and the granting of this variance shall have no < force and effect until these conditions are complied with. Very truly yours, BOARD OF APPEALS Frank Serio, Jr., Chairman RRJ:gb North Andover Mass,, November 30 1977 Certificed to be a True Copy ATTEST: j \ ry c i r I r . I a LYNCH, WILLIS & WILLIS ATTORNEYS-AT-LAW 180 PLEASANT STREET NORTH ANDOVER, MASS. 01845 i �: ,ancre• _ ;1 11 12 98 1q �� w � TOWN OF NORTH ANDOVER RECD � ivEO 4NOV MASSACHUSETTS 25 S i 6 J.LY0 N BOARD OF APPEALS so ANDS 2Z November 25, 1977 Schruender Realty, Inc. 13—'77 John J. Lyons, Town Clerk Town Office Building North Andover, Ma. Dear Mr, Lyons: A public hearing was held by the Board of Appeals on September 19, 1977 upon application of Sohruender Realty, Inc. who requested a variation of Sec. 6.3, 7.2 and Table 2 of the Zoning By-Law so as to permit the construction of a self-service pumper station in plats of the presently existing building as shown on a plan of land dated Aug. 9, 1977, revised Oct. 24, 1977 located on Chickering Rd. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Vice-Chairman; James D. Noble, Jr.; R. Louis DiFruscio, Clerk; and Ralph R. Joyce. The hearing was advertised in the Lawrence Eagle-Tribune on Sept. 3 & 10, 19TT and all abutters were duly notified by regular mail. Evidence was submitted on the date of the public hearing plus two continuing meetings. The petitioner agreed to waive any statutory time limits in which the Board must act. We refer you to the minutes of the Board of Appeals meetings for the evidence that was submitted at these hearings by the petitioner. The petitioner asked for variances from setback of Dufton Court by 7 ft., front setback from Chickering Rd., and a setback from a dwelling located on the same business premises, all ''as outlined in Sec. 6.3 and 7.2. Evidence was submitted that the shape of the lot was triangular and that the canopy covering the ,gasoline pumps could not be placed on the property so as to avoid these violations on setback requirements. The Board made the determination that this was due to the unique triangular shape of the lot peculiar to this particular lot and not affecting General Business zones in general. The petitioner submitted evidence that he was presently operating out of an antiquated gasoline station not suitable for the use for which he proposed. To continue such an operation would work a financial hardship upon the petitioner and, by allowing these variances, the Board determined that it could relieve this hardship. No evidence was submitted that the granting of these variances would be detrimental to lhe neighborhood or the community in regard to the structure which was proposed. On the other hand, Schruender Realty, Inc. Decision -2- ,evidence was submitted that ther p oposed new structure would, in fact, enhance the neighborhood in that it would be more appealing and generally improve the appearance by substituting the new building for the old one. The Board also made the conclusion based on the evidence that the intent of the By-Law would not be substantially dero- gated from in granting the variance. Upon motion and second of Messers Joyce and Noble, respectively, the Board unanimously moved to GRANT the variances requested upon the following conditions: 1) the'; petitioner shall submit new plans eliminating the 10 ft, on the canopy which will now be� 15 ft. from the front lot line, size 48 R 32; 2) there shall be 7 ft. from the corner of the canopy to Dufton Ct..' :which is the left rear corner as view from Chickering Rd.; the right rear corner shall be 12 ft. from the existing stone retaining wall, right rear corner as viewed from Chickering Rd.; 3) the rear of the attendant/s building shall be not less than 11. 6" from Dufton Ct. as viewed from Chickering Rd.; 4) the old building shall be razed prior to issuance of the Building Permit for any construction; 5) the existing islands, pumps, lights and sign with pole must be removed; 6) delete from the plan as shown the proposed sign at the locus of Dufton Ct. and Chiokering Rd.; 7) curbing and entrance cuts shall comply with the existing town By-Laws, sec. 7.2(6); 8) install a new concrete walk and put in a grassed area between the two 30 ft, open- ings on Chickering Rd.; 9) there shall be one 30 ft. opening on Dufton Ct.; 10) the plot plan shall read "Proposed Pumper Station"; 11) the Board reserves the right to revoke final approval until such time as plane are submitted to the approval of the Board; 12) plans shall show provision for surface run-off and drainage; 13) a performance bond in the amount of $10,000. to be released by the Board upon satis- factory completion of all work; 14) the proposed canopy will not have any lights or advertising on the outside other than one sign on the roof which shall be in compliance with the sign by-law; 15 all lighting shall be under the canopy directed downward; 161.! completion date shall not exceed June 30, 1978. The above conditions and the plans which are requested to be submitted are incorporated into this decision and a part thereof and the granting of this variance shall have no force and effect until these conditions are complied with. Very truly yours, BOARD OF APPEALS Praak 'Serio, Jr., Chairman RRJ:gb oc ived by Town Clerk : FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL Se tember 19 19 90 --x y To the Planning Board of the Town of North Andover : �+ ,m The undersigned wishes to record the accompanying plan and re4test7p� determination by said Board that approval by it under the Sub;givEs^ o*c Control Law is not required . The undersigned believes that shpval 43C M is not required for the following reasons : crs I . The division of land shown on the accompanying plan is n64'a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , or a private way, namely , quail Run Lane being land bounded as fol 1 ows : Northerly by Quail Run Westerly by Robertson & Katsukas Soufnerly by Monteiro Way --lasterly 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : 1890 Page e 1049 o r 3. Title reference North Essex Deeds , Book 1422 g Certificate of Title No . Registration Book Page Applicant ' s Signature Owner 's signature and address if not th pplican AppItcant ' s Address : RM Wo 91 Quail Run North Andover Received by Town Clerk : RECEIVED DANIEL LONG TOWµ CLERK NORTH ANDOVER .ti OCT 22 PF Notice to APPLICANT/TOWN CLERK of action of Planning Board on _ :.._. adcompanyi ng plana 1 �- The North Andover Planning Board has determined that said plan h. does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andove Pla ning Board has ter ined that sa plan sho s a subdiv sion , a defined by L . c . 419 s . 81 and F must :therefo be re-su mitted to it for ap roval under the Subdi ision Control Law. Very truly yours , NOR ER PLANNING BOARD By : Date : • �Si*.r -r :�Lr3+:i.�:�i{Kit Qceive,� hy Town Clerk : FORMA J APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE"APPROVAL w September 19,_ 19 90_ si To the Planning Board of the Town of North Andover : L =os� The undersigned wishes to record the accompanying plan an . and retAesx*xrn determination by said Board that approval by it under the Sub�iv�sna-nc ' Control Law is not required . The undersigned believes that si h 5lLpOval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is no`i:ma sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , or a private way, namely , Q ,a; l Run Tse being land bounded as follows : Northerly _by Qail-Bun Westerly-W Southerly Eagterly 2 . The division of land shown on the accompanying plan is not a sub division for the following reasons : 3. Title reference North Essex Deeds , Book ;820 Page 147 or Book Certificate of Title No . Registration Boo ' Page Applicant ' s Signature : Owner' s signature and address if not th pplican App 1 tc a n t ' s Address : Sg1RUENDER REAL 91 Quail Ran North Andover f Received by Town Clerk ; RECEIVED DANIEL LONG TOWN CLERK NORTH ANDOVER - OCT 16 22 PM '90 w Notice to APPLICANT/TOWN CLERK of action of _Planning Board on accompanying plan : 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 Andove Pla ning Board has ter ined that saplan sho s a subdiv Sion , a defined by L . c . 41 , s . 61 and must aherefo be re-su mitted to it for ap roval underthe Subdi ision Control Law. Very truly yours , NOR ER PLANNING BOARD By : Date : %dZ�;' y idri4'l,:a J1L? 'Je4 t:,TN[id FOF.M A APPLICATION FOR EINDORSEMEh'T OF PLAN BELIEVED NOT TO REOUM APPROVAL ----Ue000ar Iho 1976 14 76 To The Planning Board of the Town of North Andover: 1 The undersigned wishes to record the accompanying plan and requests a determina- tion by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By-Law and is on a public way# namely, Later Btr"t, ee' ,,ttnebed p240 or a private way, namely, , being land bounds& as follows: 2. Title reference: North Essex Deeds Book , Page ; or Certificate of Title No. , Registration Book , put.; or Other: 942 . Page 447 Book 1016 P"s 4S Received by To g ¢ ApVP3.iMnts signature Data: CUE Applicant's address 77 Ch oker1ft Us f� DEC 17 :976 - j Time: Norte 9ades+rr, tie$ TOWN CLERK Signature: Omer's signs yyre and ad&ess t the 10 az applicant:__�//a i ii koodi" Road I "bdtlitl'�►Y'� Mees. t Notice to APPLICANT/TO:UN CLERK of Action of Planning Board on Accompanying Plan. 1, The North Andover Planning Board has determined that said plan does not require approval under the subdivision control laws and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdiviaiong as defined by G.L. c. 41, s. 81—L. and mast therefore be re—submitted to it for approval under the subdivision control law. I, Very truly yours, NORTH ANDOVER PLANNING BOARD \ \By Date: t FORM A PP'LICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO RMUIRE APPROVAL — =-'_`- =__.;!I i 471 + 19 _Z{�, To The Planning Board of the Town of-North Andover: Thetionundersigned wishes to record the accom by said Board that approval i Pig P and requests a determine. by t under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons 1. The division of land shown on the accompanying because every, lot shown thereon has the amount plan of frontage a subdivision required by the I North Andover Zoning By%.-Law and is on a public wayp namely, r e,.4 at,.oet or a private way, namely* being land bounded as follows: j t F 2. Title reference: North Essex Deeds\mak Certificate of Title No. ► Page ; or or Other: Registration Book t page"; Book 942 Page 447 # Book 1016 Page 9$ Received by To APP2ic t►s signature gnature ECEIVED Date. DEC 171976 -' Applicant's address Timer SQ 'SOWN CLERK Signature, ° UVM AA Owner's signs e address'4t address' not the to az E applicant: ane©ver. �aes. , is Notice to APPLICANTJTOWN CLEM of Action of Planning Board on Accompanying Plan. i 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control laxt and the -- appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plea stems a subdivisionp as de 81-Lg and must therefore } be re-so t for approval under the subdivis on rol lax. i j Very truly yourst NORTH ANDOVER PLANNIND BOARD _ Date: i II FORM a APPLICATION FOR EMORSBM W CP PLAN BELIEVED NOT TO REQUIRE APPRtNAL 19 � ilEe I T� The Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determine- tion by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1 The division of land shown on the accompanying plan is not a subaivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By-Law and is on a public Kay, namelyt FAL"i or a private ways. namely, o^ being land bounded as follows: 2. Title reference: North Essex Deedsl Book p Page ; or Certificate of Title No. Registration Book.t pap.; or Other: Balk 947 44? Book 116 9 "+E" �..;90ceived by T s >>, Applicant's signatures Date: Applicant, address Time: '- ' I. VOW Amiero Signature: Owner's signature and addrees if not the applicant: -,7 , 1 Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Accompanying Plan. I. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control law9 and the appropriate endorsement has been made upon the same. 2. - The North Andover Planning Board has determined that said plan shows a subdivisions as defined by G.L. c* 41, s. 81-Ls and mast therefore be re-submitted to it for approval under the subdivision control law. Very truly Yours• NORTH ANDOVER PLAMIM BOARD BY Dates Oversized Maps on file with the Town