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HomeMy WebLinkAboutLUPOLI, SALVATORE v 3 APRI f•. 18b5. CHUB TOWN OF NORTH ANDOVER MASSACHUSETTS a ' BOARD OF APPEALS NOTICE OF DECISION W: 5 d ._.YS ,, Date . . November. 15,. .1991. . . . . . . Petition No.. . .170:-9.Q . . . . . . . . . . . . Date of Hearing. . November: 124 .1991 Petition of . . . Sa.1.v4tQre. 1..uP.Q1i. . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . Premises affected . . . .476. C1Ackering .Road. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of#he .Section .8.1,. . . Par.agraphs. 14 .2.of. the .Zoning .Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .relief. fr.am.parkin.g :requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,; . . . . . . . . . : . . . . . . . . . . . . . . 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 petmit to . .Salvatore•Lupali . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . I . . . . . . . . . for,the construction of the above work, based upon the following conditions: Signed " ° brman Frank Serio, Jr., Mr. Soule, Clerk Mr. Vivenzio Mrs. O'Connor . . . . . . . . . . . . . . . . . . ..I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Apia Off'�oTH �?s•t' F p t� CC w Z" ,,3 M TOWN OF NORTH ANDOVER MASSACHUSETTS ` 0 BOARD OF APPEALS CDx * Salvatore Lupoli * Petition #170-90 476 Chickering Road North Andover, MA 01845 * DECISION * The Board of Appeals held a public hearing on Tuesday evening November 12 , 1991 upon the application of Salvatore Lupoli requesting a variation from the requirements of Section 8.1, Paragraph 1&2 of the Zoning Bylaw so as to permit relief from parking requirement at 476 Chickering Road. The following members were present and voting: Frank Serio, Chairman, Walter Soule, Clerk, Raymond Vivenzio, Anna O'Connor and John Pallone. The hearing was advertised in the North Andover Citizen on October 30 and November 6, 1991 and all abutters were notified by regular mail. Upon motion of Raymond Vivenzio and second by John Pallone the Board voted unanimously to grant the variance as requested. Voting in favor were Mr. Serio, Mr. Soule, Mr. Vivenzio, Mrs. O'Connor and Mr. Pallone. The Board finds that granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Dated this 15 day of November. 1991. BOARD OF APPEALS i� Frank Serio, Jr.' Chairman P6Ah�IhG 8GAG0 REC. IVED TOWN OF NORTH ANDOVER DANIFLLDNG TOWN CLERK MASSACHUSETTS NORTH ANDOVER NOR 1M , OCT 1 I I 26'1 9 Any appeal shall be fillpd °'••••° ti0 FO: •`N , OA within (20) days after the ° � Y r • Y o "{• date of filing of this Noticers '4 r'+•..• wn C m th$ off ire of the Tomust Clerk. NOTICE OF DECISION Date. . .October 11,, 19:91. . . . Date of Hearing . Pr M4 rAQ: .x.$9.1. Petition of Salvatore Lupoli . . . . , . . . , . . . . . . Premises affected , . 476 ChickerinR.Road• . . . . . . . • . Referring to the above petition for a special permit from the requirements of the . . .North .Andover. an.Approved Site Plan. so as to permit , renovation.to an existing.buildin$ .and associated,parking; , , , , , .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally to .Qpgrove . . . . . . . .the . . . . . . . . . . . . . .. . . . . based upon the following conditions: cc: Director of Public Works Board of Public Works Signed Highway Surveyor Building Inspector George,Dr,Pern4,x tK.% ,Qjv ixpAA. , . . Board of Health AssessorsJohn. Simons: Clerk Conservation COmmission Police Chief John_ Draper. . . . . . . . . . . . . . . . . . . . . Fire Chief Applicant Joseph.Mahoney. . • . . . Engineer File . Interested Parties Richard Nardella r 476 CHICIO;RING ROAD/490 MAIN STREET SITE PIAN REVIEW MODIFICATION SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. The Planning Board makes the following findings regarding this Site Plan Review Application as required by section 8.3 of the North Andover Zoning Bylaws: FINDINGS OF FACT: 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2. Adequate vehicular and pedestrian access into the surrounding site has been provided with the adherence to the approved plans. 3. The landscaping plan as shown meets the requirements of section 8.4 of the Zoning Bylaws, with the addition of the enclosed conditions. 4. The site drainage system is designed in accordance with the Town Bylaw requirements. 5. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this proposal generally complies with the Town of North Andover Zoning Bylaw requirements as listed in section 8.35 but requires conditions in order to be fully in compliance. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in the Site Plan Review application before us, the Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. No access will be allowed to Main Street from the existing parking lot. All cars will be required to exit onto Park Street. Signs stating "NO EXIT" shall be placed at the access to Main Street. 2. The curbcut which provides access to Route 125, Chickering Road, shall be abolished prior to the issuance of a Certificate of Occupancy. This existing curbcut shall be replaced with granite curbing and the two parking spaces which back out onto Route 125 shall be relocated. J 3. Due to the fact that the applicant has not been required to submit a Landscape Plan as required under section 8.4, the Town Planner may require minor modifications to the landscaping at the time of occupancy. 4. Prior to a Certificate of Occupancy being issued for a structure, the structure in question shall have received all necessary permits and approvals from the North Andover Board of Health. 5. Any Plants, Trees or Shrubs that have been incorporated into the Landscaping approved in this decision, that die within one year from the date of this approval, shall be replaced by the owner/applicant. 6. All Planning Board conditions listed herein shall be recorded with the Registry of Deeds by the applicant prior to the issuance of a building permit. A copy of the recorded conditions shall be delivered to the Planning Board and included in the file. 7. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 8. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 9. All lighting found within the site shall be as approved by the Planning Board and shall not project into adjacent properties. Prior to a Certificate of occupancy being issued for the structure, the site shall be reviewed by the Planning Board. Any changes to the approved lighting plan as may be reasonably required by the Planning Board shall be made at the owners/applicants expense. 10. All signs within the project shall be of wood, stone or metal, with uniform lettering and design. The signs shall in no way be interior illuminated. (Neon or other means) The applicant shall be required to have any final sign proposals reviewed by the Town Planner and shall apply to the Building Inspector for a sign permit. (Section 6. ZBL) 11. As per order of the North Andover Fire Department, the dumpster shall be located at least 25' from either structure, or as otherwise directed by the Fire Department. The following plans shall be deemed as part of the decision: Plans Entitled: Site Plan of Land Located in No. Andover, Massachusetts. Prepared for: Mr. George Grieci 7 Edythe Lane i West Peabody, MA 01960 Prepared by: Meridian Engineering Collaborative, Inc. 2 Bourbon Street, Suite 102 Peabody, Massachusetts 01960 Date: July 28, 1990 Scale: 1" = 20' cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File