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HomeMy WebLinkAboutMERINO, RONALD Reeeive!d by Town Clerk: RECEIVED DANIEL LONG TOWN ,1LERK z" NORTH t ADOVER itG"0 22 1 TOW OF NORTH ANDOVER, MASSACHUSETTS ,y BOARD OF APPEALS lk4: (603) 642-8893 APPLICATION FyR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Ronald A. Merino Address 66 Route 125, Rin ston, NH — ----------- - — 9 03848. 1. Application is hereby made: a) For a variance from the requirements 'of Section 8.2 Paragraph 1 and Table 0 of the Zoning Laws . 7;3 1 2 b) For a Special Permit under Section —Paragraph_. of the Zoning By Laws . c) As a Party Aggrieved , for review of a decision made by the Building Inspector or other authority. 2. a ) Premises affected are land -And building(s )__numbered Street . b) Premises affected are property with frontage on the North (X ) South ( ) East ( ) West ( ) side of Sutton Street _ Street , and known as No.__1A4l torf Stregi� _ Street . c) Pxemises 'affected are in Zoning Aistrict.-LB�, and the premises affected have an area of 159§pt_ l- square feet and frontage of 165 + .. feet . 3. Ownership a ), Name and address of owner ( if joint ownership, give all names ) : Sanlau Ro lty_Trust, 231 Sutton Street, North Andover, MA Date of Purchase Previous Owner b) If applicant is not owner , check his/her interest in the premises: X Prospective Purchaser Lesee Other (explain) 4'4 Size of proposed building:' 30 front, 60 feet deep; " Height 1 stories; 17 _�f'eetIL a ) Approximate date of erection:; pp ember 19, 1988 b) ' occupancy, or use of each floor: oil change, Lube, and associated servic c) Type of construction: Masonry block and precast concrete planks Size of existing building:_—_ feet front ;— feet deep; Height stories; a ) Approximate date of erection: No buildingon the site U) Occupancy or use of each floor; c ) Type of construction: 6. Has there been a previous appeal , under zoning, on these prenfises? If so, when? _ __ Not to applicant ' s knowledge v �� l� w Description of relief sought on Ws petition R4lief from .35' setback.>. from rear property line 9. Deed recorded in the Registry of Deeds in Book ' Land Court Certificate No. Book 1169 !Inge 316 -' �• —.mow �.- _ f�A The principal points upon which I base ,my applicat4i,;oIl_n are as follows: •jmust be stated in detail ) M Erection of the p posed-building would cause only a small • infringement of the 35' rear betw in4 and rearr..pr_opert .. ne. a oger y line borders a_7ra _ -.righrt-e -way w __�s arr .rrtt"fusialuse, although zone I agree to pay the filing fee, advertising in newspaper , and incidental expenses* Signature o PetitiO errs ;very application for action by the Board shall be made on a form approved )y- the Board . These forms shalt be furnished by the Clerk upon request . any communication purporting to be an application shall be treated as mere ►otice 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 Re furnished by the applicant in the manner �herein:;:prescribed . Very application shall be submitted with a list of '•"Parties 'In Interest" • hieh list shall • include .the petitioneg, , abutters , owners of land directly , pposite on any public or private street or way, and abutters to .the butters ,within ' three hundred fact (300' ) of the property line of the etitioner as they appear . on the most recent applicable tax list, otwithstanding that the land of any such owner is located in another city r town, the Planning Board of the city or town, . and the Planning Board of - ' very abutting city or town. Every application shall be submitted with an application charge cost in he amount- of $25.00. In addition, the petitioner shall be responsible 2,r any and all eosits involved in bringing the petition before the Board . .. . sclL costs shall include mailing and publication, but are not necessarily.'.'': Lmited to these. ►ery application shall be submi.tted witl► a plan of land approved by the )ard. No petition will be brought bek(#e' the Board unless said plan has ;en submitted . Copies of the Board ' s. requirements regarding plans are :tached ' hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST Name Address See Abutters Listing (use additional sheets if'•necessary) V �°uSsel/ 7 He ch /q ,� f a is 7 Ci r 66-1 C/o YAe v&us 4l psi 5�.� y ArK C= cc r a — ^'' NORTH Any appeal shall be filed M 4 . 0 = �20�ttJ Ee Mb sHOL within (20) clays after the zw F� r date of filing of this Notice �.c�oc * - • in the Office of the. Town „.o.""c5 Clerk. r� SSACH115ES z TOWN OF NORTH ANDOVER MASSACHUSETTS U,1101 MI; 10 atomjo 041 u1 00};no•V sit, 1^ BOARD OF APPEALS * 3 * Ronald A. Merino * Petition 417-89 164 Sutton St. * DECISION N. Andover, MA 01845 ** * The Board of Appeals held a public hearing on Tuesday evening, October 11, 1988 upon the application of Ronald A. Merino, 66 Route 125, Kingston, NH, 03848 requesting variances from the requirements of Section 8.2, Paragraph 1, Section 7.3, Paragraph 1 and Table 2 of the Zoning Bylaws so as to permit relief from 35' setback from rear property line for construction of building to house oil change, lube and associated services on the premises located at 164 Sutton Street. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Raymond Vivenzio, Anna O'Connor and Louis Rissin. Upon a motion by Mr. Vivenzio and seconded by Mr. Nickerson, the Board voted, unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The hearing was advertised in the North Andover Citizen on August 25 and September 21, 1988 and all abutters were notified by regular mail. BOARD OF APPEALS William Sullivan Acting Chairman Dated this 14th day of October, 1988 /awt cc =� C3 > •¢ f•., Ia5S ;'• filed LU-j-jCa en t iciiu, Any appeal shall be _ = within (20) days after the uv,=mss TOWN OF NORTH ANDOVER date of filing of this Notice rcF opo MASSACHUSETTS in the Office of the Town QO z 0 Clerk. -- BOARD OF APPEALS NOTICE OF DECISION Ronald A. Merino 164 Sutton St. N. Andover, MA 01845 Date . , . . . .October 14, 1988. . . . petition No.. . .17-89. . . . . . . . . . . . . . Date of Hearing. . OctgbgT. 11,,. .1948 Petition of . . . . . . . .Ronald, ;At .Merino . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . Premises affected . . .164, Sutton. St... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a-variation from the requirements of the . . . . . . . . . . . . . . . . . sect.iQn...8.2,. .Paragraph .1, .Sectign.7.3,. Paragraph .1.and. Table.2. of. the.Zoning.Bylaws so as to permit . . .relief, from.35.': .setback fram.rear. .property .line. for. construction of building to house oil change, lube and associated services . . . . : . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date,the Board of Appeals voted to .ALLOW .THE PETITION TO WITHDRAW WITHOUT PREJUDICE I"WM1txkK. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . William ,$ulxivan,. .Acting. .ChairmaA . . . Augustine .Nicker.aon„Clerk. . . . . . . . . . >3aymond vivenzio . . . . . . . . . . . .Anna. W.Connor. . . . . . . . . . . . . . . . . . . . Louis. Rissin. . . . . . . . . . . . . . . . . . . :. . . . Board of Appe ` Received by Town Clerk: RECEIVED ' DANIEL LnNG TOWN GLE,t1X NORTH ANDnVE J623 10 39 AN '1! TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS TEL (603), 642-8893 APPLICATION. 'FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Ronald A. Merino .--__ ---Address 66 Route 12.5, Kingston. NH ' 03848 1. Application is hereby made: 8.1 Paragraph 1 a ) For a var iar6ce from the requirements `of Section8.2 Paragraph 1 and Table 0of the Zoning By Laws . 7.3 Paragraph 1 b) For a Special2 Permit under Section Paragraph —of the Zoning By Laws . c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a ) Premises affected are land- -and building(s ).numbered Street . b) Premises affected are property with frontage on the North (x ) South ( ) East ( ) west ( ) side ofSutton Street Street , and known as No. 164 Sutton Street r ~Street . c ) Pxemises affected are in Zoning District GB , and the premises affected have an area of15950 +/-square feetandfrontage of 165 +/- feet . �- 3. Ownership a)� Name and address of owner ( if joint ownership, give all names ) : Sanlau Realty. Trust, 231_Sutton Street, North Andover MA Date of Purchase Previous Owner b) If applicant is not owner , check his/her interest in the premises : x Prospective Purchaser Lesee Other (explain) 44 Size of proposed building:' 30_ front; 60 feet deep; " Height 1 stories; 17 _£eet . a ) Approximate date of erection: March 1989 b) Occupancy or use of each floor: Oil change, lube and associated service c ) Type of construction: Masonry block and precast concrete planks 5 . Size of existing building: feet front ; feet deep; Height `stories ; feet . a ) a ) Approximate date of erection: No building on the site b) Occupancy or use of each floor :—____ c ) Type of construction: -------- 6. Has there been a previous appeal, under zoning , on these premises? Yes If so, when? Au�jcust 1988 " i Description of relief sought on this petition E'd uctiron to 5 parking spadea:'a: from required 10, reduction of 501setback from res•�dential district' relief fr:mf!i t : 15' landscapebufferon both sides of property thaif~border a residential zone.:'{' , Deed recorded in the Registry of Deeds in Book ' Page Land Court Certificate No. Book I Tage I- jti he principal points upon which I base my application are as follows: must be stated_.. in detail ) Erection of the ' ropesed building would not cause eignificant infringement on urrounding residential district given the fact•c•that the surrounding__ area 'js largely commercial• reduced Ear�king Ql_a_ces still 12rovides adequate on site par inng''an'c7"�a ows for more landscaped area. as opposed to a paved -area. . agree to pay t cling e, advertising in newspaper, and incidental •"' xpenses* Signature oL Petiiti�'oner(s very applicatio for action by the Board shall be 'made on a form approved nthe Board . These forms shall be furnished by the Clerk upon request. "+':• y communication purporting to be an application shall be treated as mere lice of* intention to seek relief until such time :as it 'is . made on the If£icial application form. All information , called for by the form shall . e furnished by the applicant in the manner ' Yherein prescribed . "st very-application shall be submitted with a list of'•"Parties In Interest" • hick list shall - include .the petitioner , • abutters , owners of land directly pposite on any public or private street or way, and abutters to the butters ;within ' three hundred feet ( 300 : ) of the property line of the 'etitfoner as they appear . on the most recent applicable tax list, f r 'otwithstanding that the land of any such owner is located in another city ' .'•.;.'; r town, the Planning Board - of the city or town, , and the Planning Board of Very abutting city or town. Every application shall be submitted with an application charge cost in -ti he amount- of $25 . 00. In addition, the petitioner shall -be responsible '•'�;;` br any and all costs involved in bringing the. petition before the. Board. -.r.: '.: '•'(; ch, costs shall include mailing and publication, but are not necessarily;• ._• ,f Vit,(-� mited to these. ' aery application shalt be submitted with aroved of land lan a b the p PP Y - •..:;;��;1 hard .- No petition will be brought before the Board unless said plan has !en submitted . Copies of the Board ' s requirements regarding plans are :+ tached ' hereto or are available from the Board of Appeals upon request.' . LIST OF PARTIES IN INTEREST ::' •ti Name Address j • �1 1,1•`:, . � iii 13y (use additional sheets if'' necessary) �' G'Gt�S ICO l ��'�'ir, � S 7L Aa. f��Oder A Ile r7/' 1-C- 1 Iq tti4rn���2cccf Si '%e7�l��le./ C/o ZL4eve,4s -- �oivvr/w�.l,�� 5,��,�ys J�•✓� SSC} �-��Y .1�: ,�A�re.�C'//�, 57 co l3 ��` RECEIVED NORTk, EL Ifkw.ONO `=O4 tJlfD b.gNOL 10 HRANDOWN Any appeal shall be filed CLERK o m within (20) days after the *_ =: as 9 Q 1*'* date of fir of this Notice `�� in the Office of the Town "SSACHU Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Ronald Merino * Petition: #39-89 164 Sutton St. * N. Andover, MA 01845 DECISION�*, The Board of Appeals held a public hearing on Tuesday evening, February 14, 1989 March 14, 1989 and April 11, 1989 upon the application of Ronald A. Merino request- ing a variance from the requirements of Section 7, Paragraph 7.3 and Section 8, Paragraph 8.1(1) and 8.2(1) and Table 2 of the Zoning Bylaws so as to permit re- duction to five (5) parking spaces from the required ten (10), reduction of 50' setback from residential district, relief from 15' landscape buffer on both sides of property that border a residential zone on the premises located at 164 Sutton Street. The following members were present and voting: Frank Serio, Jr. Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, William Sullivan and Walter Soule. The hearing was advertised in the North Andover Citizen on January 26, 1989 and February 2, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Sullivan, the Board voted to grant the variances as requested. The vote of the Board is as follows: In favor; Mr. Frizelle and Mr. Sullivan and opposed; Mr. Serio, Mr. Nickerson and Mr. Soule, therefore the petition was DENIED. The Board finds that this location is not right for the type of business intended and that it would increase the traffic flow to an already overcrowded intersection, thereby creating a traffic hazard. Imput from the North Andover Police Department and the North Andover Fire Department also reflect this concern. The Board finds that the petitioner has not satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaws and the granting of these variances would derogate from the intent and purpose of the Zoning Bylaw and would adversely affect the neighborhood. Dated this 20th day of April, 1989. BOARD OF APPEALS Fran Serio, Jr. Chairman /awt Any app^al shnil he filed REC41VED within i20i cDANIEL LONG..y> °` r tha 10: `'�: TOWN CLERK 8 MIRTH ANDOVER date: of ii iof t � !�'qt'sce �aasi•., .;r• in the Office of. t1jn,; Town �c;c,;u��` g 3' N11 C I e r i . - TOWN OF NORTH ANDOVER MASSACHUBROM BOARD OF APPEALS NOTICE OF DECISION Ronald A. Merino 164 Sutton St. hate . . . .Apra. 2Q,. .1989. . . . . . . . . N. Andover, MA 01845 Petition Nm. . . . .a9 .89. . . . . . . . . . . . April Date of Hearing. . . . . . . . . . . .11,. . .1989. . . .. PletHhn of . . . . ..Ronald A. .Merin . . . . . . . . . ... . . . . . . . . . . . . . . . . . :. . I . . . . . . . . . . . . . . . . . . . . . . Prendsee affected . . . 164 Sutton. St. . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . Referring to the above petition for a variation from the requirements ofAU .Section. .7, .Para. 7.3 Section 8, Para. 8.1(1) and 8.2(1) and Table 2 of the Zoning Bylaws 60 as to permit reduction•to• five -(5)• parking• spaces•from-the•required•ten•(•10), -• reduction of 50' setback from residential district, relief from 15' landscape buffer•on'lioth sides of property that border 'a' 'residential*zone. After a public hearing given an the above date,the Board of Appeals voted to DENY . . . . . . : the VARIANCES. AS REQUESTED '111 KAWJMIMM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . : . . ... . : . . . . . . dWmm Signed , Frank •S9r:. , Jr.,,,Ch0rman, , , • . . . . . . . . Alfred Frizelle, Vice-chairman Augustine Nickerson, Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . William Sullivan . . . . . . . . . . I . . . . . . . .... . . . . . . . . . . . . . . . . . . Walter Soule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals