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Home My WebLink AboutFARY, HENRY �' 12 18 14th, u• 1 APMM lass REOVEN JAI JOHN F NORTH ANDOVER o J N o .�, J. LYON$ TOW D TOWN CLERK fi.'u MASSACHUSETTS �o NuRTH gNDUVER Z, A BOARD OF APPEALS � 0zpt�0 gZzti January 59 1978 Henry J. Fary 4-6 Ashland Street Petition #23-177 John J. Lyons, Town Clerk Town Office Building North Andover, Ma. Dear Sir: A public hearing was held by the Board of Appeals on November 149 1977 upon appli- cation of Henry J. Fary who requested a Special Permit under Sec. 9.3 of the Zoning By-Law so as to permit an eating and drinking establishment located at 4-6 Ashland Street. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Vice Chairman; R. Louis DiFruscio, Clerk; James D. Noble and Ralph R. Joyce, Esq. The hearing was advertised in the Lawrence Eagle-Tribune on October 29 & November 5, 1977 and all abutters were duly notified by regular mail. The petitioner was represented by Atty. Victor Hatem who submitted a plan entitled "Plan of Land in North Andover•, Mass. for Henry Fary by Francis M. DeCesare, Regis- tered Land Surveyor, 4 Main St., Salem N. H., dated June 20, 1977". Also submitted were plans showing the further layout of the proposed use as far as table settings, kitchen facilities, etc. The petitioner was requesting a special permit as per Section 9.3 of the Zoning By-Law so as to permit an eating and drinking establishment upon the premises. The petitioner stated for the record, that the locality was previously used for an eating and drinking establishment known as P. J.'s Pub which was substantially destroyed by fire and razed. The existing foundation of the burned building and another foundation of a razed dwelling were to be filled in and covered over. Plans called for the renovation of an existing cinder block building into an eating and drinking establishment. The petitioner reviewed the plans as regards parking, fencing, traffic, etc. An abutter to the property appeared in objection to the petition stating that it would in fact create a detriment to the community and was "the beginning of a combat zone". The matter was taken under advisement. The Board, at their December 12th meeting, took up the petition and made the determination that the use was in fact consistent with the area and that the dwellings in the area were the legally existing non-con- forming uses thereby constituting a use which was consistent with the area. They found that the parking facilities were adequate with the North Andover Zoning By-Law and that the access to the property would create no traffic hazards, lighting was sufficient to create no public detriment. Y • ••.. •• RECEIVE( jJ(�14 /ti 1 /ys V TOWN OF NORTH ANDOVER 0 JOHN J. L yONU N S MASSACHUSETTS .1uR H ANDOVER ti. BOARD OF APPEALS °�0 20,w qZ � Petition #23-177 -2- January 59 1978 Upon motion of Mr. Joyce, seconded by Mr. Noble, the Board voted unanimously to GRANT the Special Permit with the following provisions; these provisions are hereby made part of this grant and not intended to be severable. CONDITIONS 1. New plans must be re-submitted which show a minimum of 83 parking spaces on the I-S land only; specifically not relying on any parking in the R-5 zone. 2. All parking spaces to be paved with binder and finished coat according to town specifications and properly drained. 3. On the NASA 90 side, a three foot barrier from the front to the rear of the lot must be provided. 4. A six foot stockade fence, 25 feet more or less, from Ashland Street for the length of the property on the Braman Realty Trust side to be perpetually maintained. 5. All; outside lighting shall be directed downward and in toward the center of the lot. 6. All paved areas that abut lawn shall be curbed along thgn "r��co and Sutton Street,, Ashland Street boundaries. Curbs along street boundary shall be approved by the Highway Surveyor. Entrance and exit shall be 30 feet in width, only one cut. 7. In the event that the structure is destroyed or damaged to the extent as described in Section 8.3 of the Zoning By-Law, then this special permit becomes void. 8. The junk autos on the property shall be removed before construction commences. 9. A $10,000 performance bond shall be posted with the town either in cash or an insurance assignment. Very truly yours, BOARD OF APPEALS RRJ:ad Frank Serio, Jr., Chairman �2 13114Et ,s CHU CEIVEO O =� TOWN OF NORTH ANDOVER o JA;'J y7iS cn MASSACHUSETTS JOHN J• LYONS a' TOWN CLERK N Po NURTN ArypUVER Z BOARD OF APPEALS �� Z ��l0 to a2 NOTICE OF DECISION Date . January. 5,. 197$. . . . . . . . . Petition No.. .23-.'7.7. . . . . . . . . . . . . . Date of Hearing. . November. �49-1977 Petitionof Henry.J-.FVy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . 4-6. Ashland.Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a. . . . . . . . . . . . . . . . Special Permit under Referring to the above petition for the requirements of the . . . . . . . . . . . . . . . . . North Andover.Zoning .$y—Law. - .Sec,. 9..3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . an eating ,and,drinking. establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GFJM . . . . the Special.Permit . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . . . . Henry.J. Fart' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: See conditions listed in decision attached. Signed `/ Frank.Seriot .Jr.,. Chairman. . . . . . . . . . . . .Alfred E.. Frizelle,. Vice.0 airm=. . . . R... Louis. DiFruscio.l. Clerk. . . . . . . . . . . . J.aures .D,. Noble. . . . . . . . . . . . . . . . . . . . . . . Ralph.R.. Joyce,.Esq.. . . . . . . . . . . . . . . . Board of Appeals 5140Z£. 1-11 JE- 4/73 u�¢-s11 -TIWS ZONIN940ARD f APPEALS= PC.AI RING- BOARD a war% -Tim W.M." Awv lZactut-e-no wS EUG-r1 v GotlG. �� or �� e.�4ts o •v� v� • chrm SEl,�6a ST2VG. L1;AsepPAt l 0', R— �- 1�c...b. o L b, tJ o Lcrr '13-2.' As SUOWQ Ot-1 LArJ9 4 , l�-10 fzT N t..l DC�uE 2 M b.'3SdGL1USET'TS cl000 t F767"l-rico m 17L& I3FI&JG A , � E1•.lTZ FDti2 501MV1S1c*1OF — L1�1t1S Q I.OT "t3" 01.1 gbG6L. ee 0 • 40` AuG,vST it., larup Q u ewUST m. 19l(i PLA►-! 42o7 s1,: iwa Ert of �,, fea►��1s M . �� E d8 e7tlo Aj 00 pw1 9aiLEK ,1.�tEv.1 51,M1P'S11H2E. 13Y MDPSE � m 4 r 1 -- a "' �w� Mb 7 J -2o3*� tJ.b. S3 �g t1�-t2t Y - IP . 0 LAND INFORMATION Is -- OWNED LAND 51,050sft LEASED LAND 10, 800sf{ uAit tGD.PP�f� exr. 3 }- ?A v_1 wev -�' TOTAL LAND 6 1 , 850 sf± Bei QC Ir LOT COVERAGE g� W = j LOT AREA 51 ,050sft 5)(T BLDG. AREA 4,100 sf± LOT CVG . % a 8 % I X"f $(.iXa. l ,� 14D]J O S� l.tOJS� k0 �� Z LOOP ,G* 4r 24 ++io ,xtiv PARKING INFORMATION -- REQ-m I per 3 seats _ - ---- - ----------- %L L _ Lsv1a 249 - 3 83 j-- j - �_ 2 �$ 43 0�' �Q TOTAL SPACES 1-4 1ukf. m 9N lOG.S. �3 O r 9N PROVIDED 95 ASrLAND ST HANDICAPPED SPACES PROVIDED 6 SUTTON ST. !iv e - _ - a 4:V ar wig ,:rs. ,.dare••. s, w.+ ,r