HomeMy WebLinkAboutL & L ANDOVER TRUST t
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
U 'o January 4o 1979
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L & L No. Andover Trust
Tumgike St
REcEIvEQ .
;.' JAN 4 1979 Petition #20-'78
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Miami
Daniel Siong, Town Clerk
Town Office Building a�,
North'Anjdover, Ma. zz V& o2
Dear ffir. Long:
A public' hearing was held by the Board of Appeals on October 16, 1978 upon application
of L & L North Andover Trust requesting a a variation of Sec. 6.53 (b) and 6.63 (b)
of the Zoning By-Law so as to permit two ground signs having larger letters than is
allowed as shown on a plan dated 9-15-78 located on Turnpike St. The following
members were present and voting: Frank Serio, Jr., Chairman; R. Louis DiFrusoio,
Clerk; James D. Noble, Jr.; John J. aaffhy; and Richard J. Trepanier, Assoc. Member.
The hearing was advertised in the Lawrence Eagle-Tribune an Sept. 30 and Oct. 7, 1978
and all abutters were duly notified by regular mail.
The petitioner requested a sideline variance for an accessory ground sign so as to
replace an existing accessory ground sign located at the Rte. 114 entrance to the
shopping center at the intersection of Routes 114 and 133.
The Board found that a problem did exist because under the sign portion of the Zoning
By-Law, changes could not be made to the sign without bringing the sign into agreement
with all zoning regulations. The Board found that due to the tree canopy in the area,
a literal enforcement of the lax would significantly decrease the informational value
of the sign. Information furnished by the Building Inseotor indicated that the sign
which the petitioner sought to relocate was the only acoessory sign on the parcel with
legal standing - i.e., for which a permit had been issued. The Board also determined
that the public safety would be improved, as it is proposed to relocate the sign some
distance away from the entrance onto Route 114. This would greatly improve driver
visibility,-both for those entering or leaving the shopping center and for those
driving along Route 114.
It ways determined by the Board, after reviewing the aforementioned facts, that a
hardship for the petitioner would indeed exist if the requested variance were denied.
L & L No. Andover Trust Decision —2—
The Board also found that the request did not substantially alter the intent of the
By—Law or was detrimental to the public good. In fact, the Board found that the
public good would be better served by granting the requested variance.
At continued public hearing held on November 29, 1978, a motion was made by Dir. Noble
and seconded by Xrr. Trepanier that the petitioner be granted a variance to relocate
the sign up to the lot line at a location as shown on plane dated 9-15-78, as revised
per this meeting; up-dated plans to be furnished to the Board so as to receive
official signatures, Also, the accessory ground sign as represented in the plan is
the only authorized accessory ground sign on the parcel and that all other aooessory
ground signs be removed, The Board voted unanimously to GRANT the variance.
Very truly yours,
WARD OF APPEALS
Frank Serio, Jr,,
Chairman
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June 21, 1976
L & L N. Andover Trust
188 Turnpike St.
Petition No. 13-176
Mr. John J. Lyons, Town Clerk
Town Office Building
North Andover, Ma. 01845
Dear Mr, Lyons:
A public hearing was held by the Board of Appeals on May 10, 1976 upon application of
L & L North Andover Trust who requested a variation of Sec. 6.3, 8.2 & Table 2 of the
Zoning By-Law so as to permit the erection of a vestibule 6 ft. deep and 15 ft& wide
and a mansard roof on the front of the existing building; this vestibule will have a
1 foot overhang as shown on a plan of land located at 188 Turnpike St. The following
members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Vice-
Chairman; Louis DiFrusco, Clerk; James D. Noble, Jr.; and Assoo. Member, Walter
Jamitkowski.
The hearing was advertised in the Lawrence Eagle-Tribune on April 24 & May 1, 1976
and all abutters were duly notified by regular mail.
A motion was made by Mr. Frizelle and seconded by Mr. Di.Frusoi0 to 1) grant the vari-
ance on Sec. 6.3, Table 2, footnote 1 and 2) approve the proposed alteration of said
structure pursuant to Sec. 8.2 (1) of the By-Law.
The Board, in granting the variance set forth in part 1 of the motion determined that
the building was constructed in conformance with the setback requirements in 1970 and
that the requirements changed in 1972 making the building non-conforming. Further, the
Board has determined that the vestibule is to be constructed within the present exten-
sion of the overhang roof on the building and that a denial would result in a financial
hardship to the petitioner since to require strict conformance with the By-Law would
require a remodeling of the entire building. The petitioner has shown, and the Board has
found, that it will not derogate from the intent and purpose of the By-Law since the
L & L North Andover Trust -2-
proposal is only to change the face of the building and the granting of this variance
will not create a substantial detriment to the public good.
In granting approval pursuant to Sec. 8.2 (1) of the By-Law, the Board determined that
approval is warranted because 1) such vestibule is to be built upon the same lot
occupied by the building with a non-conforming setback on the date that it became non-
conforming per Sec. 8.2 (2) of the By-Law; and 2) such alteration will not exceed the
aggregate of more than 25% of the original use per Sec. 8.2 (3) of the By-Law; 3) the
change will not lengthen the economic life per Seo. 8.2 (4) of the By Law.
There was no opposition to the request and the vote on the motion was unanimous.
Very truly yours,
BOARD OF APPEALS
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Alfred E. Frizelle,
Vice-Cbaim=
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date .449. 21* .1976 . . . . . . . . . . . .
Petition No.. .13r'76. . . . . . . . . . . . . .
Date of Hearing. .MY. AN .1976. . . .
Petition of . . .L . L . ' ANDOY . ` . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . .18$.Tux ' ike.Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
North. Andover. Zoning.ltr Law.See*. .6.30.8.2 and Table .2 . . . . . . . . . . . I . . . . . . . . . . . . . . .
so as to permit the. erection of.a.vestibule 6 ft. •deep. and 15-feet wide• and •a•mansard
roof on the front of the existing building; this vestibule will have a 1. .foot. . .
overhaug 'as per plan submitted and on fil®.
After a public hearing given on the above date, the Board of Appeals voted to GRANT. . . . . . the
Variance . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to L A.L-NORTH. TRUST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Signed
Alfred Z. F'riApIle,_Vigq-QQ4t an . . . .
Louis. DiFiusc o, .clerk. . . . . . . . . . . . . . . .
Jams, D. .Nebie.�. .Jr.. . . . . . . . . . . . . . . . .
Walter Jamitkowski,.Asuoo. .Nember . .
Board of Appeals
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . 4a?ua?y. .4.x. .1979. . . . . . . . .
petition No..?91-.'.7.$ . . . . . . . . . . . . . .
Date of Hearing. : 4ot. -161. 1978. -
petition
161. 1978. .Petition of . . . . L & L PIO. ANDOVIR TRUST
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
premises affected .p*e. Akt.-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
North .Andover .Zpntng . -Teat►. . 6...63.(b). . . . . . . . . . . . . . . . . .
so as to permit two ground .signs. having. larger.letters.than is .allowed .as.shown . . .
on. plan dated .9-15:7$. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to .GRA1 T . . . . . the
Variance, . . and hereby authorize the Building Inspector to issue a
permit to . .Is. & L Nor.Andover. Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
1) up-dated plans to be furnished to the Board in order to receive signatures
2) the accessory ground sign as represented in the plan is the only authorized
acoessory ground sign on the paroel of land and all other acoessory ground signs
shall be removed.
Signed
Frank Serto, . J.r..,. .Ghair�uasa . . . . . . . . . . .
R. Loris .I)tFru$csto, .91erk .
. . .James T).. .No,010.1. Jr. . . . . . . . . . . . . . . . . .
John. J.. .4af# y.,. ZII. . . . . . . . . . . . . . .
Richard .J. .Trepanier, .A.ssoo. .Member
Board of Appeals
Oversized Maps on file with the Town