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Home My WebLink AboutJOHNSTON, DONALD be Ned the dato of Ring of this Notice 14, in the Office of the Town r=4 Clerk. ,SSACHU TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Donald Johnston RECONSIDERATION 114 Boston Street N. Andover, MA 01845 Petition: #44-89 DECISION The Board of Appeals held a public hearing on Tuesday evening, March 14, 1989 and April 11, 1989 upon the application of Donald Johnston requesting a variance from the requirements of Section 7, Paragraph 7.1, 7. 3 and Table 2 of the Zoning Bylaw so as to permit relief of square footage of lot, front setback and rear setback in order for construction of building on the premises located at 1717 Turnpike Street. Upon a motion made by Mr. Soule and seconded by Mr. Frizelle, the Board voted to grant the variances subject to several conditions, but the vote for this was three in favor and two opposed, so the petition was denied. A letter was received from Attorney David Bain requesting a reconsideration of this petition due to the fact that he had received at copy of a letter from the Massachusetts Department of Public Works the day after the Board of Appeals meeting. This letter had pertinent information concerning this petition that Attorney Bain felt a reconsideration of this application should be held. Attorney Bain's request was received within the ten (10) day appeal period, therefore, the reconsideration was scheduled for the regular meeting on May 9,1989. The Board voted, unanimously, to reconsider this application. Upon a motion made by Ms. O'Connor and seconded by Mr. Soule, the Board voted to GRANT the variances subject to the following conditions: 1. Only one way in and out of the site. 2. The State agrees to this one way in and out. 3. The Board of Appeals see the revised plans a approve of same before the building permit i issued. 4. Plans be submitted for site review. The vote was as follows: In favor: Mr. Sullivan, Mr. So le, Ms. O'Connor & Mr. Rissin Opposed: Mr. Nickerson therefore, the petition was GRANTED. The Board finds that the petitioner has satisfied the pr visions of Section 10, Para- graph 10.4 of the Zoning Bylaw and the granting of this ariance will not derogate from the intent and purposes of the Zoning Bylaw and wil not adversely affect the neighborhood. Dated this 11th day of May, 1989. BOARD ]K OF XPPEALS /awt William im -7 -- ulliv Acting bairman i bn fi'ed d;.�'p ?ti RECLIVED w i �; �� ^r „'� �: DANtf.l ( SVG the C)c,. :: of f n� cf OVER r�-i� Notice s 188s: • NORT.! k.vLi in the Office of the Town '�*iciius� �2 OI Cierk. AI TOWN OF NORTH ANDOVER MASSACHUSETTS 9OARD QF APPEALS NOTICE OF DECISION Donald Johnston 114 Boston St. Date May 11, 1989 . . . . .. . . . . . . N. Andover, MA 01845 petition No.. . . . 44-89 . . . . . . . . . . . . Date of Hag. . . April, 11,, ,1989 RECONSIDERATION May 9, 1989 Pedtion of . .Donald.Johnstgp . . . . . . Premises affected . . .1717, Tu;spike. 5>xeeX. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . Referring to the above petition for a•variation from the requirements of the . . . . . . . . . . . . . . . . . Scctioza.7,. P.aragraph .7..1,. 7..3 .and.Table .2.of. the .Zoning .Bylaw. . . . . . . . . . . . . . . . . . so as to permit . . .relief. .of .square .footaga .of.lot,. .froat. se.thack.and .rear.sezhack. in. order .for. constructian .of building.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..y. . After a public hearing given on the above date, the Board of Appeals voted to .GRANT . . . . ; the variances as requested and hereby authorize the Building Inspector to issue a Permit, to . . . . Donald- Johnston. . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1. Only one way in and out of the site. 2. The State agrees to this one way in and out. 3. The Board of Appeals see the revised plans and approve of same before the building permit is issued. 4. Plans be submitted for site review. Signed 1 i an Actin Chairman William u 1 v . . G1erk,. .(O,PPOSED) Walter.Sou3,e . . . . . . . . . . . . . . . . . . . . Anna.O'Connor . . . . . . . . . . . . . . . . . . Louis.Risain . . . . . . . . . . . . . . . . . . . Board of Appeals C •�a" Any appeal shall be filed t o-. Av"1lTn •� isas �a� Within (20) days after the gw{` t date of filing of this Notice u r ' in the Office of the Town �►+Yev JUN 25 11 32 AN `8q TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . June 18, J9 8.4 Petition No.. . 3.3.-.118.4. . . . . . . . . Date of Hearing. June 11 r 19 8 4 i Petition of . . . . .DONALD ,AND. NANCY, JOHNS TON. . . . . . . . . . . . . . . . . Premises affected . . .114 .Bos ton. atree t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a Special .Pe.rmit and .r. Sectiorj . 4...12:1 . .(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . so as to permit .the. .construction. of. an, inrground. .pool.beyond. .the. .front . lisle .of -the—dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . Deny . • the Special .Pe.rmi.t � �tkecatl#xi� aK�ts�xasue f�xl� br�toticu�x��hec�1 ��t�l > Signed A l.f red. E.. .F.ri ziel l.e, . Esq,.., Vice .Chairman i William. J'. . -Sullivan. . . . - - - . . . . . . . Augustine .W... .Nickerson. . . . . . . . . . . . Walter F.,. Soule . . . . . . . . . . . . . . . . . . daurice. S .. F.oulds. . . . . . . . . . . . . . . . . . Board of Appeals • L r Any appeal shall be filed within (20) days after the =R p date of filing of this Notice JUNE �j3L I� AN FBSI �� , in the Office of the Town +".n.��(� 1 a � Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 18, 1984 Mr. Daniel Long, Town Clerk Donald and Nancy Johnston Town Office Building 114 Boston Street North Andover, Mass. 01845 Petition No. 33- 184 Dear Mr, Long: The Board of Appeals held a public hearing on Monday evening, June 11, 1984 upon the application of Donald and Nancy Johnston. The hearing was advertised in the North Andover Citizen on May 24 and 31 1984 and all abutters were notified by regular mail. The following members were present and voting: Alfred E. Frizelle, Vice-Chairman; William J. Sullivan; Augustine W. Nickerson; Walter Soule; and Maurice S. Foulds The petitioners seek a Special Permit under Section 4 . 121 (7) of the Zoning By Law so as to permit the construction of a swimming- pool beyond the front line of the dwelling on premises located at 114 Boston Street. Mr. Johnston testified that the proposed 18 ' x 36 ' in-ground swimming pool would be set back 73 feet from the front lot line but would be beyond the front of his dwelling. The Zoning By Law requires a Special Permit from the Board of Appeals to place a pool beyond the front of a dwelling. The petitioners' lot contains 4.64 acres , a portion of which is fenced 'in for pasture. The lot contains a barn and work shop in addition to the dwelling. No objection was voiced at the hearing and two neighbors were present to support the petition. P , n - Donald and Nancy Johnston 114 Boston Street Petition No. 33-184 i:R PJune B" 1984 Page 2JUN 15 li 32 AN '84 A motion was made by Mr. Soule and seconded by Mr. Sullivan to grant the Special Permit subject to the condition that the front line of the pool be no closer to the road than the corner of the residence nearest the pool. The motion failed to car-ry, with Members Soule and Sullivan voting in favor and Members Frizelle, Nickerson, and Foulds- voting in opposition. Pursuant to M.G.L. Chapter 40-A and the North Andover Zoning By Law, Section 10 , Paragraph 10 . 4 (2) , the petition is denied. Sincerely, BOARD OF APPEALS , 6 aoa-'�- (� Alfred E. Frizelle , Vice Chairman jw Received by Town Clerk : FORMA Obi APPLICATION FOR ENDORSEMENT Of PLANltORI BELIEVED NOT TO REQUIRE APPROVAL SEP �a 9 32 U Z 19 G To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying 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 a ° is not required for the following reasons : 1. The division of land shown on the accompanying plan isnot 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 publi.c':way', namely',•, / t5/4-C-E/otr < or a private way , namely , L. a Z being land bounded as follows : 2 . The division of land shown on the accompanying plan -4s not a sub- division for the following reasons : y � Zo 27Y- 3. Title reference North Essex Deeds , Book Cn Z.-I ' ; Page - y SS' ; or Certificate of Title No .3V533 Registration Book ; it Page _. �e�ora//yIc4ie] o��r 'o F-) y q z S a �e rz Sf. /v.A. - Applicant 's Sign tures Owner ' s signature and address if not the applicant :- Applicant "s Address : Coi P. Received by Town Clerk : 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 underthe 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. 41 , 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 : Received by Town Clerk : _ _ ;• - R. FORMA RFS DW-_ APPLICATION FOR ENDORSEMENT OF PLANKp�;; r y ++ R _BELIEVED NOT TO REQUIRE APPROVAL SEP 32 UJ, L �E 19 CY To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying 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 forthefollowing reasonst . 1. The division of land shown on the accompanying plan isnot 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 publ,iV..:way , namely , // 15 t_F1/0t C % or a private way , namely, L_ dZ being land bounded as follows : 2 . The division of land shown on the accompanying plan pis not a sub- division for the following reasons : k e — s 3. . Title ' reference North Essex Deeds , Boo Co � Page g '� S- or n Certificate of Title No.3VS33 Registration Book ; Page be�or.//it�c 1ef �e41} L0 .�.J qq z S a leas S{. /f/.,4_� Applicant ' s Sign ure :- - Owner ' s signature and address if not the applicant : Applicant ' s Address : Co 2 - IC � Received by Town Clerk : See I Uk Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1. ' The North Andover Planning Board has determined that said plan i does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 h Ando r Pla - oar as det ined t said lan d b G.L . c4 B an s ubdi n a J. ° s he fo -su mit i+t r ap o 1 n he r ubdi visio tr L . Very truly yours , NORTH ANDOVER PLANNING BOARD, By Date _ _ — f • i • f i, F r received by Town Clerk: RECC'p/p) DANIEL 1C�,+ty TOWN Gi ERK NORTH Ak''OYER FEe {T it 30 AM TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS feG:0 APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE .pplicant Donald Johnston ______ Address 114 Boston Street, No. Andover, MA :Application is hereby made: a ) For a variance from the requirements 'of Section 7 Paragraph 3,11 and Table 2 of the Zoning By Laws . 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. a ) Premises affected are .land—•and buildings ) numbered �, Tipike Street _ _,Street b) Premises affected are property with frontage on the North { ) South ( ) East ( ) west ( ) side of Durngi�i�e Street _ Street , and known as No._ -_ Street . c ) Pxemises affected are in Zoning DistrictrR and the premises affected have an area oft a.Z5 .-square feet and frontage of i�7 Cia._,feet . ti . Ownership a ) Name and address of owner ( if joint ownership, give all names ): Estate of John Callahan�_�__^_ Date of Purchase _NT_Previous Owner b) ' If applicant is not owner , check his/her interest in the premises: X Prospective Purchaser Lesee Other (explain) a Size of proposed building:' 74 front ; 32 feet deep; " Height 2 stories ; 40 __feet . a ) Approximate date of erection: Spring 1989 b) Occupancy or use of each floor : First Floor-Retail -Tn-d- 0 ice-&Res ential c.) Type of construction: Wood Frame ; . Size of existing building: N/A feet front ;_ feet deep; Height stories;�_�feet . a ) Approximate date of erection:—_____� b) occupancy or use of each floor -_____ c ) Type of construction:------------ 3. -________-3. Has there been a previous appeal , under zoning, on these premises? No If so, when? - __ t A PRINCIPAL POINTS UPON WHICH APPLICATION IS BASED The plan depicts a relatively steep, unusually shaped, undersized lot located in "GB" zone. These conditions do not generally prevail within the zone. The lot is unable to meet zoning requirements for the proposed building because of the 100 foot setback requirement for construction on Turnpike Street and because it lacks sufficient area. These conditions constitute severe hardship as defined by Massachusetts General Laws, Chapter 40 A, Section 10. The proposed building is of a size and design appropriate for such a lot as evidenced by the fact that only 16% of the lot is devoted to it. A variance can be granted without substantial denigration from the intent of the By-laws. The lot has a very limited value without the requested relief. I • ,l:•i�Ke ,+sr Description of relief sought on this petition " imensionaj Variance for -� Square footage of Lot, Front set back; Rear set back Deed recorded in the Registry of Deeds in Book Page : Land . Court Certificate No. Book _ Page ; principal points upon which I base my application are as follows.: st be . stated in detail ) See Attached ' gree to pay the filing fee, advertising in newspaper , and incidental eases* Signature o- Peetitsolerjs +: ry application for• action by the Board shall be made on a form approved the Board . These forms shalt be furnished by the Clerk upon request . ' communication purporting to be an application shall be treated as mere ice of* intention to seek relief until such time -as it 'is . made on the iciaL application form . All information ,•called �for by the form shall .4 furnished by the applicant in the manner • Yherein :prescribed . :ry-applicationshall be submitted with a list of '•."Parties In Interest" • ch list shalli' nclude .the petitioner , ,abutters , owners of land directly )osite on any , public or private streek or way, and abutters to -the +tters ;within :.three hundred feet ( 300 '. ) of the property line of the .itioner` as they appear on the most recent applicable tax list, .withstanding that the land of any such owner is located in another city town, the Planning Board of the city or town, , and the Planning Board of� � ,f£ .ry abutting city or town . ' ery application shall be submitted with ' an application charge cost in ,- - amount of -$25 . 00. In addition, the petitioner shall be responsible any- and all. costs involved in 'bringing the. peti'tivn before the. Board . :h. costs shall include mailing and publication, but are not necessarily;. '., ^��;a +ited to thesa ry application shalt be submitted with a plan of land approved by the - ,rd .- No petition will be brought before the Board unless said plan has .n submitted . Copies of the Board ' s requirements regarding plans are t .ached • hereto or are available from the Board of Appeals upon request.' . LIST OF PARTIES IN INTEREST ' Name , Address 'a V. . :..;l el (use additional sheets if''necessary) , t. I Jack Callahan LIST OF PARTIES OF INTEREST # PARCEL # NAME ADDRESS Cyr Oil Corp 197 Essex St Swampscott, MA 7 B 19 John J. Cormier 1737 Turnpike St. , No. Andover, MA 7 B 20 John J. Cormier ,7 B 96 B.W. Farnham Estate; 426 Farnham, No. Andover, MA 7 21 Spar__& Spindle GirlScout Camp, Inc. P.O. Box 1010, Middleton, MA I i REM-111" Any appeal shall be filed DANIEL L0146 within (201 c'at's after the TOWN CLERK NORTH date of firing of this Notice p in the Office of the Town ;* � �� 29 W Clerk. .....�� SS4GHU5¢ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Donald Johnston * Petition: #44-89 114 Boston St. * DECISION N. Andover, MA 01845 * The Board of Appeals held a public hearing on Tuesday evening, March 14, 1989 and April 11, 1989 upon the application of Donald Johnston requesting a variance from the requirements of Section 7, Paragraph 7.1, 7.2 and Table 2 of the Zoning Bylaws so as to permit relief of square footage of lot, front setback and rear setback in order for construction of building on the premises located at 1717 Turnpike 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 February 23, 1989 and March 2, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Mr. Frizelle, the Board voted to grant the variances subject to the following conditions: 1. Only one way in and out of the site. 2. The State agrees to this one way in and out. 3, The Board of Appeals see the revised plans before the building permit is issued. The vote was as follows: In favor; Mr. Serio, Mr. Frizelle and Mr. Soule Opposed: Mr. Nickerson and Mr. Sullivan therefore the petition is DENIED. The Board did not hear anything from the. Massachusetts Department of Public Works and felt that the premises would be too close to the highway. The Board finds' that qhe petitioner has not satisfied-the provisions of Section 10, Paragraph '10.4 of the Zofiing- Bylaws and the 'granting of this variance would derogate from,the, intent and purposes of the Zoning Bylaw and would adversely affect the neighborhood. Dated this 20th day of April, 1989. BOARD OF APPEALS a 4 ' Fr.Ak Serio, Jr. /awt Chairman bKN1EL LONG Any appeal shall be AMILM '�° TOWN CLERK; y filed s 1"s : ' NORTH ANDOVE9 Within (20) da Is after the di;n ,. �+cd date of fiu� in f of t,'jis Notice 1.ZO 10 29 the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS HOARD OF APPEALS NOTICE OF DECISION Donald Jobnston 114 Boston St. N. Andover, MA 01845 Date . . .APAU. 1. )M9 . . . _ . . . . . Petition No . . . . . . . .44„$9 . . . ... . . . . Date of Hearing. .Apr;U .11,. 1989. .. Petition of j. . .Donald .JohnstQu. . . . . . . . :. . . . . . . . . . . . Promises 94eoted . . . . .1717. .Turnpike. Street. . . . :. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of 1W. Section.7,. . . . . Paragraph 7.1, 7.3 and Table 2 of the Zoning Bylaws so as to pUtuit relief .of. square. footage,of• .lot, •front •setback .and.rear. •setback .in order for construction of building. After a public hearing given bn the above date,the Board of Appeals voted to •DENT'• • • . . . : the variances AS REQUESTED k IN Signed . . . . .> ra erio,. J.r..., .Chairman. . . . . : . . . . . . . .Alfred Yrizelle,. Xicerrhairman. . . . Augus.tine.Nickersou,. clerk. . . . . . . . . .William .Sullivan . . . . . . . . . . . . . . . . . Walter -Soule. . . . . . .. . . . . . . . . . . . . . . Board of Appeak DAVID J. BAIN JR. uhf?f:.(_ ! ATTORNEY AT LAW NOR IV 11)1[ R Sae LAWRENCE STREET pp p. LAWRENCE,MASSACHUSETTS 01840 FiE'R 2T8 PPr$g i (608)683-6809 V i April 27, 1989 F Mr. Frank J. Serio, Jr. Chairman North Andover Zoning Board of Appeals Town Hall North Andover, MA 01845 Re: Petition of Donald Johnston Property located at 1717 Turnpike Street, (ZBA Case No. 44-89) Request for reconsideration. Dear Mr. Serio: Please be advised that the undersigned represents Donald Johnston who appeared before the Zoning Board of Appeals in Case No. 44-89 on March 14, 1989 and on April 11, 1989. The Board voted to deny the variances requested by the Petitioner at the April 11th meeting. A letter from the Massachusetts Department of Public Works, District S. dated April 6, 1989, postmarked April, 10, 1989 was received- by the Board of Appeals on April 12, 1989. A copy of this letter is attached hereto. The letter signed by District Highway Engineer, David J. Wilson contains evidence of the opinion of the State Department of Public Works which was not available to the Board during its deliberations, although it was requested by you in a letter of March 29, 1989. Mr, Wilson's letter is extremely germane, not only for what it cont ins, but also for what it does not address. The issue raised in, paragraph 1 of the letter was answered at the hearing. The Petitioner is not the owner of the land between the rear property line and the stone wall. Although overtures have been made to acquire this strip, they have not been favorably responded to. The Board itself raised the issue contained in paragraph 2 and considered making it a requirement. The Petitioner certainly has, r and had no objection to this. The additional details requested by paragraph 3 of Mr. Wilson's letter are not a problem and could be addressed in the site plan review phase. Mr. Wilson's letter was silent with respect to traffic safety issues. A fair inference to be drawn from this silence is that the proposed structure and use is regarded by the State Department of Public Works as of minimal intensity and therefore of minimal impact. The Petitioner requests the Board to rescind its vote of April 11, 1989 and to reconsider the Petition in light of this new evidence. Respectfully submitted, Donald Johnston, By his attorney, i i David J. Ba Jr. , Esq 36 Lawrenc treet Lawrence, MA 01840 I j i i I i i i i ��%SLG►7Z�?71P,�lf/�/ rc• i- DISTRICT *5 OFFICE 4815 MAPLE STREET, DANVERS 01823 OVER ROUTE 114 i 1989 hSerio Jr., Chairman Appeals lover, MA. 01845 Serio: of to comment on Donald I;ard to your letter andrnpike Street lan request (R(Route 114), 4),9tf r set back variances; ' 's petition at 1717 Tu p owing may be pertinent: We wonder why the rear property line could not be extended to the present stone wall thereby gaining an additional thirty (30) feet more or less of frontage set back. drives, of that shown design of access dri , We would prefer an alternato g on the site sd plan, oa single requested,and it will be our requirement when an access permit The permit plan ' would require additional details: present roadway edges, striping, D.P.W. reference base line extending three hundred (300 f) feet more or less on the westbound and eastbound side of the property locus- We are pleased to cooperate with the Town Boards in any manner that � effects traffic and safety on state highways. ruly yours, j . Wilson t Highway Engineer DAVID J. BAIN, JR. TDW*DAMV LONG XX 7�Y�i CL.E�iX ArrORMY AT iew S"Th1 AN i3 n 36 LAWRENCE STREET a LAWRENCE,MASSAGRUSETTS 61840 A I f/ , August 7 1990 g Town Clerk Town of North Andover Main Street xorth Andover, MA 01845 Re Johnston . Perna et al Dear Sir/Madam: Enclosed herewith please find a tracking order from the Essex Superior Court which I would ask that you file with the papers in the matter captioned above, a Zoning Appeal. Thank you for your kind attention to this matter. -__ ei truly yours, Cu�- David . Bain, Jr. DJB/cd Enclosure Certified Mail RRR I a ..f S' INDXNE'W9 E, S I'OURF FOR (.IV[[, t?I11*3INC-__ 2*'S F' k F :> 0 M V 't• 1 V t: 1) A 'i E U F' 1) A J E: DOCKET Y002095 1'LAINTIFFF JOHNSTON DOANt.[) OE'F ENDAN f DRAPER J/MEM/FLAN 9DINO ANDVk DilGKE1' Nif F=N1RY DATE CASt TYPE Tr:AfK S[:SS 9002095 011790 (:02 F tt 02 SERVICE COMPtXTED .. . . . . . . . . . . . . . . . . 10159i� U5 ANSWER FIt 0 . . . . . . . . . . . . . . 1`�'149�3 10 RULES 12, 15, 1Y, 20 MOTIONS HVW15. 20 DISCOVERY t:OMPLEIVI) . . . . . . . . . . . . . . . . 0;,1391 30 RULES 56 MOTIONS HEARD 061291 :« -40 PRIE lulAt, CONFERENCE G: i � 4 • j + 071:'91 ArPROXIOATEr)AFF-' AS rO EV N ' 0. f1R1tR NO f1GE WILL 8E ;Xfa 1, 60 IRIAL . . . . . . . . . . . . 60 TRIAL CON I"INUC t) 1'O . . . . . . . . . . . . . . 000000 `r tAST CONTINUANCE . . . . . . . . . . . . . . . r ox NO SUF.F I Itdt?tllhl" ttt<E Alt Copy Maded to Plaintiffs Atty. on COUNSEL FOR PLFF AfQ.tT $ERYE ' ► 3 z COPY OF TRACKING ORDER ON � R DEFTS ATTORNEY. ESSEX SUPERIOR COURT t t • OFFICES OF: o� �j� Town of 120 Main Street BUILDING ,' NORTH ANDOVER North Andover Mas CONSERVATION , s rchusests<)IBS: HEALTH O"`"°"` DIVISION OF (S()8)682-f483 PLANNING PLANNING R COMMUNITY DEVELOPMENT I KAREN H.P. NELSON, DIRECTOR November 28, 1989 David J. Bain, Jr. Attorney at Law 36 Lawrence Street Lawrence, MA. 01840 Re; Johnston Property, 1717 Turnpike Street, North Andover Dear Mr. Bain,' I am writing to inform you of the information needed prior to the Planning Board rendering a decision with regard to the above referenced project. The following points must be addressed: 1. For a retail use of this size 24 parking spaces shall be 0 required,.; none .of which can be compact spaces as per section 8.1 paragraph 7-of the North . Andover Zoning Bylaw. 2. False information was originally presented to the Zoning Board of Appeals. The minimum number of parking spaces required is 24 , not 16 as is noted on the plan which was presented to the ZBA as basis for their May 11, 1989 decision. 3 . Due to the number of variances needed on this site it will be my recommendation that both the GFA and the overall footprint of the: structure be reduced so as to better comply with the Zoning Bylaws. / 4 . The applicant must receive Board of Health approval for the septic system prior, to the Planning Board issuing a Special Permit for this project. 5. The applicant must review the proposal with the North Andover Conservation Commission Administrator prior to the opening of the Public Hearing with the Planning Board. Please contact me at your earliest convenience so I may schedule a meeting with the Technical Review Committee to review the 'merits of your proposal. If you have any questions or concerns please feel free to contact my office. sincerely; Christian C. Huntress Town Planner. cc: D. Robert Nicetta, Building Inspector. Karen H.P. Nelson, Director DPCD. Richard Doucette, Conservation Administrator. , Michael Graf, Board of Health. Zoning Board of Appeals Planning Board. 'OFFICES OF: Town Of 120 Main Street BUILDING � : NORTH ANDOVER North Andover CONSERVATION b, r P Mass chus(ItS 01845 HEALTHDIVISION OF (508I B442-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR January 19, 1990 David J. Bain, Jr. Attorney at Law 36 Lawrence Street Lawrence, MA. 01840 Re: Johnston Country Store, Site Plan Review Dear . r. L;ain, I would first like to thank you for appearing before the Planning Board at their regularly scheduled meeting of January 18, 1990. As you are aware, the above referenced Site Plan Review application was discussed and the board made the following comments: 1 . Pursuant to Section 10. 8 of the. North Andover Zoning Bylaw, "the Zoning Board of Appeals may not act favorably upon a petition which has been previously denied within a two ( 2) year period of time unless four (4) of the five (5) members of the Zoning Board of Appeals find that there are specific ' and material changes in the conditions upon which the changes in the records of its proceedings and only after a public hearing, held by the Planning Board, at which consent to allow the petitioner to re-petition the Zoning Board of Appeal will be considered and after notice is given to parties of interest and only with four (4) of the five (5) members of the Planning Board voting to grant consent." Your client' s application to the Zoning Board of Appeals was denied on April 11, 1989. At a , subsequent hearing before the Zoning Board of Appeals on May. 9, 1989, your client was granted a variance under a re-consideration to that board. As the bylaw states, you are to submit an application to the Planning Board which shows specific and material changes to your original denial before '-the Zoning Board of Appeals. This will help to insure that proper and legal procedure:; have been followed in this case. 2 . The Zoning Board of Appeals granted a variance on may 9 , 1989 with regard to lot size, front, rear and side setbacks . In accordance with the 3oning Bylaw, Table 2 ( 1) , " Front setback shall be a minimum of 100 feet along Route 114 , regardless of the district. . .the first 50 feet of front setback under this requirement shall be planted and landscaped and no parking shall be permitted. " The Planning Board is requiring that you repetition the Zoning Board of Appeals with specific regard to this concern. 3. The Board would like to see a copy of the deed for the property in question. 4 . A commercial fire sprinkler system shall be required throughout the entire structure. The building will also be required to have its internal fire alarm, detection and suppression systems tied into the Fire Department via a master connected fire alarm box. 5 . A dry sewer shall be required to extend to the property line, and the applicant shall tie into the sewer as soon as it becomes available along Route 114 . Please contact my office with any questions or concerns, and please submit all pertinent information to my attention prior to the next Planning Board hearing. sincerely, Christian C. Huntress Town Planner. cc: Planning Board William V. Dolan, Fire Chief William Hmurciak, DPW D. Robert-Nicetta, Building Inspector Karen H.P.Nelson, Director' DPCD 2. A commercial fire sprinkler system shall be required throughout the entire structure. The building will also be required to have its internal fire alarm, detection and suppression systems tied into the Fire Department via a master connected fire alarm box. 3 .. A dry sewer shall be required to extend to the property line, and the applicant shall tie into the sewer as soon as it becomes available along Route 114 . Please contact my office with any questions or concerns, and please submit all pertinent information to my attention prior to the next Planning Board hearing. Sincerely, Christian C. Huntress Town Planner. cc: Planning Board William V. Dolan, Fire Chief William Hmurciak, DPW D. Robert Nicetta, Building Inspector Karen H.P.Nelson, Director DPCD z COMMUNITY DEVELOPMENT Ii ' TOWN OF NORTH ANDOVER MASSACHUSETTS PLANNING BOARD APPLICATION FOR SITE PLAN REVIEW - SPECIAL PERMIT Under Section 8.3 of the Town of North Anoover Zoning Bylaw. C I . l AOOI4canc/PetitLoner%. 11r . Donal'd Johnston ty o Phone * r t ::o . A nnover , 1'111845 w =L0 -b► ">• tt cy 2.1 Ownership: Mr. Donald Johnston rn Address. ns t 01845 ro �c,+ phone: o . Andover, lTe 3. l Locat'ion of the project: Route 114 ae Address: + _17 1_^�llr _y ePt RC1t1L'P_ 114) Assessors Mao •; Deed Record?d in Essex aor`�li—Fe 1s§` 1:sr_rtct Registry of Deeds Boor. 417 Page 169 or Land Court Certificate Nu. _ BODY. Page S. l Size of the Building4725 (G A) _ sou+re feet Height 2 Stories - Feet Occupancy or us* _ Ptajl / 2nd Floor-Residential/Office Type of Construction o0 - Frame t. i Size of Existing Building _ 'Tone Heign'.t _ Sto: irs _ Feet Occupancy or use Type of Construction - 6. l Classification of the ProjecttSi•r Section 8.33 of the Zoning Byiawi ter In L efinea i+Cr Minor'.. h ! INFORMATION HEDUIRCD i'OR SITE PLAN REVIEW TvvE Or DEVELQPr.ENT PaOPOScD r' MAIOR ,INTERrcDIaTE „ItjOil TvrE pr INGnanAT1ON acnUIPC0 tX [ X 1 . North Arrow/Location Mao k X [ _ 2. Survey of the lot/Parcel I X t � 3. Name/Description of Proi.er, j i t �. .Easements/Lrgal Conditions T000graony k $ j 6.. Zoning Information f. [ X [ },' 7. Starmwater Drainage Plan - [ Xj {S�.T�. 8. Huilaingtsl Location 1t v. Location of Parting/talk«ays [ X j 10. Location of Wetland; k X x ,� It . Location of u+11s/S19r+s [ M z _ 12. Location of Road..a.vDrlves I. X V U 13. Outdoor Storage/01so14y Areae [ x v 14. Lor.oscaoing Plan & X 0 1.5. Refuse Areas [. k 0 16. Lighting Facilities . j g 0 17.. Drainage Basin Study j 0 J 18. Traffic impact Study j 10. Common..e+i to Rp..iew t` x Reauired Information 1 0 Information may Oe requested oy the Planning Board 7. 1 ' Please haply ten r10i cooirs of the aoove information to the 'o..n I1 Planner .+ith this 40011cation. 146 ff e B. 1 Advertising Feet FilingFee: }� 9. 1 Pet itddriers Signatures /,�n,.r.�� 4• dry Every application for act Son by the Board small be made on' s form aOProved by the Board. These forms shall be furnished by the Town Clerk upon request. Any communication 9 application purporting to be an 9 shall be treated • s mere e • ndt1C! i f intention o to tion to seek relief until such time as It is made On the official application form. All Information called for by the form shall be furnished by the applicant in the manner therein prescribed in accordance with the requirements of Section 8.3. Every application shall be submitted with alist of "Parties in Interest"which shall include trio petitioner , abutters, owners of land directly opposite on any public or private street or way and abutters to the the abutters within three hundred (300) feet of trio property line all as tneyappear on the most recent applicable tax list, notwithstanding that the lard of any such owner is located in another City or town, the Planning Bodrd of the Town and the Planning Board Of every abutting city or town. LIST OF PARTIES IN INTEREST NAME ADDRESS Cyr Oil Corp. (Lot 56) 197 Essex St. , Swampscott , MA John M. Cormier (Lot 19/20/23) 1737 Turnpike St. , No. Andover , MA 01345 Spar & Spindle Girl Scouts P. 0. Box 1010, Middleton, MA Council , Inc . (Lot 21) B. W. Farnum Estates 426 Farnum St . , 'No . Andover , MA (Lots 74, 93-96) ADD ADDITIONAL SHEETS, IF NECESSARY ANY OUESTIONS SHOULD BE DIRECTED To THE PLANNING OFFICE AT 685— 5. 147 DAVID J. BAIN, e.JR. ATTORNEY AT LAW 36 LAWRENCE STREET { LAWRENCE,MASSACHUSETTS OL840 IY_ � (608)983-6898 July 17, 1990 Town Clerk Town of North Andover " Main Streetrb er North Andover, MA 01845 ' Re: Johnston v. Perna et al DeaSr: Sir: Please be advised that the attached Complaint was filed in the Essex County Superior Court on June 17, 1990. Please consider this letter to be notice required by Section 17, Chapter 40A M.G.L. Very truly yours, David J. Bain, r. DJB/cd Received by Town of North Andover. Town Clerk M 911111111TRUCTIM ON BACK OF THIS FOM ' PLEASE TYPE OR PRINT EXCEPT WHERE SIGNATURE IS REQUIRED Trial Court of Massachusetts DOCKET NUMBER CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT Essex Division PLAINTIFF(S) _ DEFENDANT(S) Donald Johnston Perna et al North Andover Planning Board ATTORNEY(S)FIRM NAME.ADDRESS AND TEL.) ATTORNEY(S)(it known) David J. Bain, Jr. _ 36 Lawrence St. Lawrence, MA 01840 683-5896 Board of Bar Overseers# (Required) C6V d74 G Ar ORIGIN CODE AND TRACK DESIGNATION Place an ® in one box only: ® I. F01 Original Complaint' �r�--� ❑ 4.F04 District Ct. Appeal c231, s. Xjcp ❑ 2. FW Removal to Sup. Ct. c 231, s. 104 (F) ❑ 5. F05 Reactivated after Rescript; ca ❑ 3. F03 Retransfer to Sup. Ct. c231, s. 1020 ( judgment/order (Mass. R C' 6&(X) G& E10 Summary process appeal (X -TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION(speciM TRACK IS THIS A JURY CASE? CQ2— Zonin& Upial F ) ❑ Yes 11 No 1. PLEASE GINE A CONCISE STATEMENT OF THE FACTS:. (Required in ALL Types of Actions) This is an appeal, from a denial of a special permit by the North Andover Planning Board. 2. IN A CONTRACT AC'rk Mw A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEEd$25,00 N/A i 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. None SKMTURE OF ATTORNEY OF RECORD OR PLAINTIFF DATE David J. Bain, Jr. 7/17/90 OFFICE UlkE ONLY . • N07'WRITE BELOW THIS LINE DISPOSITK)N RECEIVED A Judgment Entered B. No Judgment Entered By: ❑ 1. Before jury trial or non jury hearing ❑ 6. Transferred to District DATE 0 2. During jury trial or non-jury hearing Court under G.L.c.231, e ' r r CO WEALTH of MASSACHUSETTIS. SUPERIOR COURT . DOCKET NO: DONALD JOHNSTON, 9020 95 COMPLAINT 9S VS. GEORGE PERNA, JOHN S IMMS, j!. RRIC-NITZCHE.. r1m 0*4 kDRAPAR,and JACK GRAHAM � s AS they are members- of the .Z► � Planning Board of the '"' Tom ,of ..North Andover, . ,. & X Defendants': �s o 1 . This is an appeal pursuant to Section 17 of Chapter 40A of the Massachusetts General Laws from two decisions rendered by the North Andover -Planning Board. These deeisi'ons' w6re recorded at the - office--of the '.North Andover TownClerk on' June '29, 1990. A Certified copy of each decision is appended to this Complaint. ' For z$ cgonvoaience_ the petition dealing with Section 10.8, Repetitive Petitions of the North Andover Zoning By-Law is designated Exhibit ,0 tj►e_petition dealing, with -Section 8.3 of the North Andover eZoning. By_�T�6aw, .Site Plan.,Review, is designated Exhibit "B" . The ;property, in question- consists of a lot located in a General t3 Business Zone at 1717 Turnpike Street, North Andover, Massachusetts (Rogte 1,114)., contaai.ntngt 15;e4 275, _square feet. This• lot ' is the only lot in the-zone•-at this location. ca 2. , -The Plaintiff herein „ Donald is- the Petitioner. - resident of North c „ Donald Johnston, a 8 3,. , The..De fendspt.1 are and- .were_ at all times material hereto, -t1i4wembers of the Planning Board of the Town of North Andover. Ad_< _' t itn April. 20, 1989,. the Zoning Board of Appeals of the �gf. �g Andover fil¢d a decision with the Town Clerk of the LroNOr Andover chiTpw ch denied the Plaintiff's petition for dimensional variances. 5 rthaA o"n' May 11, 1989, the Zoning Board of Appeals of the Town of North Andover filed a decision with the Town Clerk of the Town of North Andover granting Plaintiff's petition for Dimensional Variancesand according to its terms, requiring the Plaintiff to seek site, plan review.. 6. That no appeal was ever taken from the May 11 decision of the Zoning Board of APPeals referred..to in the :previous paragraph. 7 That put§uant to the condition imposed by the North Mdover Zoning Board of Appeals in its decision of May 11 , 1989, Plaintiff filed a petition for site plan , review with the North Afidvor Plafi ifng Board on 'November `27, 1989. . That at some point during -the site plan''review process the Defendant's caused to be prepared and provided to the Plaintiff a document entitled "Site Plan Review Approval Section 8.3 of 'the' North Andover Zoning By- Eawa." A'copy "of this document is appended hereto and designated Exhibit "C" d = iThat -Plaintiff ; met or` agreedto meet'�all conditions .contained�iri Exhibit."C" •with' the exC+eptfon of aragiaph 14 of said _ Rxhibitr� - 9.;:, That �. thse Defei d&htsl` wrongfullq�"'obnt'ra7ty to law and without authority 'required' the ' PIwintiff' ' �o file a petition requesting relief under Sectio 10.8 of the Zoning,_Ay-Law of the ,Town' of NArth. Andover ,in .order to gain-site plan approval. 10. That the Defendants wrongfully, contrary to law and without Authority conditioned approval of site plan review upon the Rlaintif.f satisfying Section 10.8 of-the North Andover Zoning By- ] 1... That the Plaintiff filed evidence of compliance with Section 1,Q.8, repetitive petition, of the Ndtthh -Andover Zoning By- L. haw,• that. specific. . 4Gd material, _change had occurred which was rejected, by the; Defendast•s .contrary to law and without authority. 12. That the decisions filed by the Defendant, North Andover Planning Board .(Exhibits,-"A'.' & "B" attached:,hereto-) exceeded the authorifi_of said.Board, were erroneous, arbitrary and capricious. WHMWORE,_ the _P14Ntiff demands_ -that ,the::decisions of the North Andover Planning Board be annulled and for such other relief as to .the .Court apPpar$;_just and meet. Donald Johnston, by his attorney �i �:aaa rn�ecarr �- UavO J. gAin, Jr. 34 Lawrenco,,St. , , Lawrence, MA 01840 (508) 683-5896 . ' 'bited: July 17, '1990 I uiiuuiuu uuuuu TOWN OF NORTH ANDOVER MASSACHUSETTS REC.• pAN1F:t LONG TO1�t'i C�FRK gOA7lr NORTH AhUOYER ' ;O''�'..e y.tip pi► ��WF •. . ... „,. F SUN An Ppe8hsh IIIiii p Y 8 - atter the . ; wdhin(201 . -• . t :�rj ,1r '4 a .••`tiy ?i. date of filing of thl ot(ce 'SSACNUStAr i In the a Town I =r �-- � r� Cje& . NOTICE OF DECISION c i r-< r„ 3C m Date . June 29. 1990 . . . . . . . . . . . . ... . . . . .. . . Dafe of fiea~ring„ . AuAk Apr. I.M. Petition ofiar% Donald Johnston . . 'e� r� •r••r• a• . ..rr. . r..•. •� r.'. c....a . ._. •• ♦J r r's"1'A • r�r '. :... . i Premises affected . . "1717�Turnpike Street . (Route 114) . . . ,. . . . . . . . . . . . . . . -.: :. j u Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw - - Section 10.8 - Repetitive Petition ofthe . .. . . . . . . . . . . ..... .., . . . ..... . . . ... ......... ... .,. ... . .... . ....r . ♦ a•.4... . .- �.�a . . . . .-Y "e' , the titioaer to re-petiti a Zonin Boaz so as to permit . . . . . .Pe. . . 4ii.th. . . . . . 3 . . . . fi. pf.$pp44lq . . . . . for reconsideration of a Rreviouslx denied L)etition. . e+ e . . e .. r .. e... ♦)... aa. .. r .. ♦ rr . ... 4 q*.a.} .ar a . . . . . r . . r . . r.'�-. a=1L� fr ." . . . . . . . .. After 'a ptlb`7ic hearii►g given on the above date, the Planning Board voted � 7�► RRMZ ftTITION t0 • P�"R�=r4 . .the .. . . . . s.M� �{ rr �:r,4. � . � •r, . aar .. . r �•.. • . r Y�rr errr a . . . a . a. • basest upon the following conditions: cc: 1?, of Public works _ *45ard of Pub�,i)~c.Works lVi43i"f 4urvepor Building Inepegtor ( . Pgard;.of Health Sighed "(.'onservation`Commissioa, ' ,•� , , : , , _ - George Perna, Chairman Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Chief John Simons; Clerk Fire ChieL _. _ . . . . ... . . . . . . . .. . . .. . . . . . . . . . . Applicant Engineer Rrich Nitzsche. . . .. . :. . . .. . File lnterested,PgrtiesJohn Draper. . . . . . . . . . . . Jack GrahaA . . . . . . ' .Planning Board runuuiuu MIN TOWN OF NORTH ANDOVER MASSACHUSETTS REC`tV !3hG ltOR�H ��t}OVER �_ • p� 25 2 �a A appeal shall be filed ;, •ry Any app within(Za)days after the A7_ 0 data of filing of this Notice NOTICE OF DECISION In the affit*of the Town - _- �r ri June 29. 1990 Date ,. . . . . . . . . . . . . . . . . . .., , �. . . . . _ Date of Hearing- ,Jw ,2.%^ JAKu. . Petition-df , Kr-, Donald Johnston . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . 1717 Turnp ke_Str`edt (Route 114) 5 v Premises affected . . . . . . . . . . . . . . .... .. ,,y. . . , , ,. . . . . , . .;,, . ...,.. R•ac� • �. _ . . ..�.. Referring to the above petition for a special permit from the, requirements Of the North Andover -Zoainq BXlays Sebtion B.3 - Site"Pl'a�rlRev� so as tO ,permit ,� construction of a two story wood frame convenient store . . . . . . . . . . . .X . . �. . . '._ l ;.' . . . . . .. . • . .. . .. .. . . . .. .. . . . . . . ... . . .. . . . . . . . . . .-. . . ... . .. .�. . . ... . . . . . . . ... . . . . After a ;publie hearing gi;ven:-vn the above date, the Platii#Iing Board vatted to . . ..'. . . . . . . . . the . . . . . . . . . . .. . . pgN7(. SITE PLAN REUEW . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . ATTEST. -A TnW Copy based upon the. followaing conditions: .Cle:le cc: Dfrgqtor o� Public Works,_ Board of Public Works Signed Highway Surveyor, Georgip Perna, Jr., Chairman Building Inspector :Conservation Commission John.Simons,,�Clerk Board of. Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessors Police Chief . Erich Nitzsche . . . . . . . . . Fire Chief John Applicant Drager . . . . . . . . John . . . . . . . . . . Engineer Jack Graham File . . . . . . . . Interested Parties .hlantting . Board "OP,y OPFICESOF: Town of 120 Main Street BUILDING1 NORTH ANDOVER North Andover CONSERVATION' e:s Massachusetts o 1845 HEALTH aDIVISION OF 1508)6826483 PLANNING PLANNING.& COMMUNITY 13PV'ELOPMENT . KAREN H.P. NELSON, DIRECTOR June 29 , 1990 Mr. Daniel Long , Town Clerk, Town Hall 120 Main Street r North Andover, MA 01845 Re: Johnson Country Store, t . Turnpike 'Street site 'Plan 'Review' & .: : Repetitive Petition Dear;.-Mr. ,Longs I r, lThe 'North Andover Planning ' Board held a public hearing on January 18, 1990, in the Town Hall, Selectmen' s Meeting Room, upon the application of Donald % Johnston, 114- Boston' Street, - North Acn,doveri-MA, requesting Site Plan `approval-under section 8. 3 of the . NorthAndover Zoning Bylaw. The following members were present: George Perna, Jr, Chairman, John Simons, Clerk, Erich Nitzsche and. John Draper. Jack Gr-aham was . abs'ent. .The petit'i'oner-- is requesting Site Plan approval for the construction of a two story wood frame building. The premises affected is located at 1717 Turnpike Street (Route 114 ) , known as Lot` '3 •and- is' zoned -General Business. 'The lot `contains 15, 275 sxq. ft. John Simbns read -ihe legal notice to open the public hearing . Lgttiers were received -and read from the Board of Ei4altrh and the 9:ire. Chief . .):, ,,, Christian Huntrzse , Tbwn Planner, stated that the site has received a variance frotd' the` Zoning Board of Appeals for set backs from- the lot lines, front, rear 'arid side as well as the 'size of the 1'ot ' Erich Nitzsche aske'd` if' the `proposed was on a -lot of record. `"David ` B`ain, -representing' Donald Johnston, was" present and inttddU0":p@ter •R,ichardson of Kaminski & Associates , engineer for t6&' b}3avt.1' 1The-'epplicant ' i§' Proposing a wood frame building for Mr: `Bairn stated that variances were received,,froin the Board of XOV. ealb:' Thin"Board of Appeals asked that the applicant' go before t:•Z¢e''Planhing Board for Site Plan` app'rov`al and return to _them with t9 elPfi'nal plan before- a building permit would be issued. Mr. Bain further stated that the parking spaces shown on the original plan where for compact cars. The plans have been revised showing parking' spaces for full size cars. The applicant has to go back to t:he' 'Board of Appeals with the revised plans. ' 1'l Page 2 :: Mr. Bain stated that originally. the Board of_ Appeals denied the application 'because, information that was requested was not p.ress:mted., olt;The. day after'. the decision was filed a letter Bras received by the Board of Appeals from Mass. D. P.W. , District 5 , request3rrr g `enIy one_curb-dut . Peter Richardson, stated that revised plans have been submitted on the parking area. The original plans shown two entrances. The State 'did not want two curb-cuts, only one entrance/exit. :, .. L ,Tohn iSimons stated, that, the . applicant : must petition the Planning: Board .for the reconsideration to go, beforre the Zoning aoard , �of'. :Appeals. The.' Board discussed the procedures on reconsidering, a previously- denied. application. The. applicant must appear before the Planning Board for reconsideration. John Simons read 'from. the r1oning Bylaw, the section relating to necansideration;. A public hearing and notice must be published. Erich Nitzsche asked about drainage . Peter Richardson stated that State .catch basins will be used. The Board told the applicant there will be .no signs on the building. Mr Bain told the Board that the proposed would be a convenient store on the lower level. The second floor .will be for the office and , living quarters for one of Mr. Johnston sons• who will be working in the store . Erich Nitzsche asked who owned the property at this time . Mr. Bain stated . that_ it was in an estate. He further stated that he would. provide the Board with a copy of the deed. I'll , FI _ John Simons asked what the percentage, on the second floor, that wtould:be :used: far :the' residency. Erich Nit.zsche stated that the basement will only be used for storage;. The Board asked Christian Huntress to check and see if the ba*,ement-is included in the square footage of the building to get the,pereentage of the living area allowed. E71e Bill Dolan, Fire Chief, spoke on the application before the Board. Access is needed for the rear of the building at least 12 feet.. The applicant and the Fire Chief will work together on the access to the rear of the building. George Perna emphasized that the Board does not want to see a strip mall. The Board discussed lighting with no glare . Christian Huntress told the applicant that a dry sewer must be put in to tie into the sewer that is coming down Route 114 . Page 3: A'_,:,dGewrrge -Perna stated that there might be other issues that have to he' aAdrass-ed .bafar.e coming to the Planning Board for Site Plan Revsev-. "Thane- issues should be addressed by the Zoning Board of - Appeals. ,»v a.r.N -r .'x.',;... . ..., 1;C�',r 4 j :x a . i .•.. .. . a s E-�I u;,:1 a art"iwi Huntress stated that along Route 114 the required front setback is 100 ' . The first 50 ' shall be landscaped. Eftbh Nitzsche �asked•-iEf ,theitappl.icant has, written permission.,, t0' tie, in". the •Statedrainage system. �'° �`'ti �'4r�btion woAs made by John Simons to continue the public hearing and direct the Planner to send a letter to the applicant listing•-th--e Board-con-eerns.. The mo't gil w-4s seconded by John Draper and vd_Vezr-t Yajn3-maus'.yr by tltdae On March 15. 1990 the INi t:rA v€cr.,,8kagnigG :_pear}, 4. ,J,5li ;ta regular -meeting in the Town. Hall, Selectmen' s Meeting Room. The following members were present: George Perna, Jr. , ' Chairman, John Simons;---Cl&r*, •_Erich ffitesohe and,: Johq p;raper, , Jagk. qaaham was t; A motion was made by Erich Nitzsche to ' continue the public hearing--to=.-Che A.psil, 5th:=meeting . '_T4A ,14q.t�on W&s( ge,ggr? Aea., by;?oYn Draper and voted un.adimous.ly ,by those present. On- April' 5 , 19r90, the °North: Ab.dover� Planning j9a,�Fd• ,liel4l regular meeting.- in the Town Hall;r &elect-mes,' s, Keet;,ng. Racm.-, The following members were present: George Perna, Jr.. , Chairman, John S'imoAs-; Clerk, •.Exich Nitzsche and'jjbhtLj)r,aPex.'; : 4�Nck. Gvdiam,, w4sr absent: John Simons read a letter from Christian Huntress, Town Plahner ,;to Ithe''.apPiibint:: ' ,A legal r ¢stite sl4ne dii£crrr the':,repetiGive,:petition. Attorney David Bain was present along with Peter Richardson, oV1,Xid ard-- F. 'Kaminski Associatez, .:at1d Donald: Johnston, . the._ a'pp' cine. . , r •, Geo!g'ek,Perna � o.uld'•likeahe- .applicant to see,.the, presentation► tkrat Christian,N,Hukntress. gia€tes , the r P,lagn!n4 ,- Board, • on , ...Village- Cbmaercial--Projegts ,-arid seef,w4a�t;as-, favorph.le,.'tgi� development in, North Arfdov'er. The--Boar ,doers- ackt waat3vtiaF:s,ee, str,i.R: malls: ;�ls��.,�o,ttGe. 119 • Al discussfft took -place- on reducing the number of parking spaCes ,�.,, The' Board requested .thaw a ;legal notice be.,,plrepared for the May '17•,- 199@ 'meeting for tire--Repetitive Petition. Wage 4 : A i� n cas matl�e by ,'Pri $Ylitzsche ,C3 �d1.t'cep't `an,l 'e' tensaia to May 311 , 1'�§cb and advertise fob Che first meeting in May, tray 17 , 190 'fo :,th4 Repetitive. Petit,}on The motion was seconded by John ell , Draper . tigtecl .Lnanimousay $Y_ hose present. ; On May ,17 , *, 199'0 tha I o'rth' Andover plann`in'g Board held a regular in in theoian fall, Selectmen' s Meeting Room. The following .members_ .were present. George Perna, Jr. , Chairman, John Simons,,.,Cierk, Erich, Nitzsche' and John Draper: J ` �bk Grah6t: 'was absent. Christian Huntress explaine.q why thi application was before the 'Eoar�d fp as,Rep atitivePetit on' " ie appy ar re` i red'�a denialH&r4QAA tk.e,.7+gt�.i • Board` o , App�a ,sr b'ecau e, there was no curb- cut approval from the State . The' day after t 't denial, a fetter wgs re" .ve ,a, ro a.; }e .State .$�atnt,�ng,, the, curb- u � .t h •ta4Plicant went b� } cbe osg,,lGi}e,:2a hg,, o r gf, APpeaIs and 166 h `appr6�al. When the applicant cam before the Planning Board, the Board asked the appl c,an;�to„%R,-�hro4gtt ,thA. ,proper Vr'ocess, fislinc rIxA PetitiQ#��#;q)4,qh _the .Piani'ing:_$oard. c> a t is t i l t' _-, J1}nko4.s .rgad_i`thega1� npt ,ce; to °oen the public hearing on thet,TdeB�t �tiye .Piet}tion . -<t _ t George Perna stated the reason that this was before the Board was to,,iqAetq, aat _. , trlchnges in, J the FAI �eOn.o S,. [ 1. :.[ i'ItF' rlrst 'F+.3Y :'; t v:,n.ti I. _l , rc>a +0rney re es nt11�� M�ir_ s 4R spoke on the origirna,l �6l£ikl e at�ja:t.-. �3er+ ,q qi tha,_trafflc. the Zoning Board of Appeals asked for input on this matter from the State. The letter aa- i',veal� thg�;;day;s,fter ,�2 e ;,qq-kng ,_Board made thei F decision. s,1; , ];.. �. t l i , ,. Ci4tT9FQ ;,Pernah� � , tJ Bat}� exact`ly.: w1�a the material diffe -s .,-,Fereardson ,F�icl , , ,t Kainihski & AssO!Ci-P es, stated that the applicant now has a curb'=cut permit from the State: A.;�1ar44A�y. discussif�s. Z60k. place on the zoning o'f'*h4 parcel . The �oard.,.xeaueSxedr, ,'t,}� �e $ Ch-,he ,dobe on f,ot '3 � ►?T� was the lot Icr"� 4A%4, before or after t�e zoning and 'was” it fin ' separate ownership.— The Board also discussed the size of the lot being less ?n ��sr_�e�(u�r'gd•t , :�.t. ,�r_ . . „ . ::: ,..,, , . . .u,. , ._ stru 40 , tbn ,Simq s expressec� , 'histi feelings that ' there was not sub3tan�tf }l; oac �a ersia ,, haSesr i` y�r. yHa sa d 'the'change was the lack of information, which he now 'has. Tk , Qjard wants new ini6kmaiion, `,4if$ereny apd; .substantia'_ Aj change'sw. Mr. tBain to,l,d ,the, Bpard he would provide that for them. A motion was made by John DRaper to continue the public hearing to June 7,1990. The motion was seconded by Erich Nitzsche and voted unanimously by those present. r Page 5 : bri' t'he ' 'St`e plan `'Re�ie�S; =�tlte�� oartt +-'irec�uetec�'=a "Yi'cjhtin'g and sign, plan for the site . The Board c0Ll d riotact further on this petition until the Repetitive Petitiori"has`'been addressed. A motion was made by Ezi Page 6 : On June 28, 1990 the North Andover Planning Board held a regular meeting in the Town Hall , Selectmen ' s Meeting Room. The following members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche , John Draper and Jack Graham. John Simons read a letter from Christian Huntress, Town Planner, to Mr. Bain. A letter was received from Mr. Bain answering the concerns of the Board. George Perna asked what the setback was from the street. Chris Huntress stated the setback was 52. 5 feet. The Board reviewed the letter from Mr. Bain. The Chairman asked for comments. John Simons stated that the only issue in the reason for denial from the Board of Appeals that had been addressed or that there was a change in was the first reason. The Board of Appeals now has input from the State. There were no other changes in the application before the Board. George Perna asked Chris if there was anything he wanted to add. Chris stated that he had drafted decisions for which ever way the Board voted to vote. George Perna asked Mr. Bain if there was a possibility of connecting to the abutting property, such as a roadway. Erich Nitzsche suggested a walkway. The Board reviewed the old plans in comparison to the new plans. Mr. Bain stated that the original plans had an entrance and an exit The new plans showed one curb-cut. A motion was made by Erich Nitzsche to close the public hearing on the Repetitive Petition. The motion was seconded by John Simons and voted unanimously by the Board. A second motion was made by Erich Nitzsche that the Board find that there has been substantial changes in the Site Plan and that the Board vote to approve the reconsideration. There was no second. John Simons offered another motion that the Board votes unfavorable action on the Repetitive Petition in this matter, relating to Johnston Country Store Application for Repetitive Petition. The motion was seconded by John Draper. John Simons withdrew his motion and John Draper withdrew his second. Jack Graham seconded Erich motion to approve the reconsideration. The Chairman asked for a vote . Erich Nitzsche and Jack Graham voted in favor of reconsidering the application. John Simons and John Draper opposed the reconsideration. The Chairman voted in favor of reconsideration. The motion did not carry. The application for Repetitive Petition was denied. A motion was made by Erich Nitzsche to close the public hearing on the Site Plan Review for Johnston Country Store . The motion was seconded by John Simons and voted unanimously by the Board. y Page, 7 : t Christian Huntress, Town Planner, gave the Board members copies of a draft decision for denial on the Site Plan Review for Johnston Country Store . The Board reviewed the decision. John Simons asked that number 2 of the Outstanding Issues stated that the proposed does not conform to the Zoning Bylaw requirements more specifically Table 2 and stated the reasons. A motion was made by John Simons to deny the Site Plan Review for Johnston Country Store for the reasons delineated in the written decision plus as amended by verbal conversation, adding that the application does not conform to Zoning. The motion was seconded by John Draper. George Perna stated that there were very few reasons why a Site Plan Review can be denied. Site Plan Review is a' review and should be conditioned. In this case the applicant has not received the necessary variances approved because of the Repetitive Petition being denied. On that, the Chairman asked for a vote . The Board voted unanimously to deny the Site Plan Review. Attached are the reasons for that denial . Sincerely, PLANNING BOARD Georg Perna, Jr. , Chairman CC; Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessors Police Chief Fire Chief Applicant Engineer File JOHNSTON COUNTRY STORE 1717 TURNPIKE STREET NORTH ANDOVER, MA. SITU PLAN REVIEW APPROVAL, 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. 3 . The landscaping plan as shown and revised, meets the requirements of section 8.4 of the Zoning Bylaws, with the addition of the following 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. The Planning Board finds under Section 8. 35 of the Zoning Bylaw that the proposed site plan generally complies with the Town Bylaw requirements but requires minor conditions in order to be completely in compliance with Town Bylaws. Finally, the Planning Board finds that this proposal complies with the Town of North Andover Bylaw requirements so long as the following conditions are complied with. 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 a approval to the applicant provided the following conditions are met: 1. The applicant shall revise the proposed landscaping plan (Sheet 4 of the approved plans) as directed by the Town Planner. The Planner shall approve said plan prior to the applicant receiving a Permit to Build. 2. Prior to receiving a Certificate of Occupancy, The applicant shall construct a dry sewer line to the property line adjacent to route 114 . This dry sewer shall be approved by .s the North Andover Division of Public Works prior to the applicant receiving a Permit to Build. 3. Any Plants, Trees or Shrubs that have been incorporated into the Landscape Plan approved in this decision, that die within one year from the date of this approval, shall be replaced by the applicant. 4. Prior to the issuance of a building permit the applicant shall place erosion control measures on site as directed by the Town Planner. 5. All Planning. Board Order of Conditions are to be placed upon the recorded final plan, ( . Cover Sheet ) prior to Planning Board endorsement and filing with the Registry of Deeds. 6. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 7. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 8. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 9. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 10. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 11. All buildings shall have commercial fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFD. All fire suppression systems shall be in accordance with the rules and regulations of the NAFD. 12. Prior to a Certificate of Occupancy being issued for any structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 13. Prior to a Certificate of Occupancy being issued for the structure, the site shall be reviewed by the Planning Board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. 14 The applicant receive approval from the Planning Board with regard to the application for a Repetitive Petition to the ZBA which is currently before Planning Board. n i i The following plans shall be deemed as part of the decision: Plains Entitled: DEFINITIVE SITE PLAN OF LAND IN NORTH ANDOVER, MA. SHEETS 1-4 Prepared for: DONALD F. JOHNSTON LOT 3, SALEM TURNPIKE (ROUTE 114) JOHNSTON COUNTRY STORE Prepared by: RICHARD F. KAMINSKI & ASSOC. , INC. 200 SUTTON STREET, NORTH ANDOVER, MA. 01845 Date: SHEETS 1-3, 10/24/89 Revised: SHEET 4, 5/14/90 Revised: Scale: in = 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 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DOCKET NO: 90-!01j,3 DONALD JOHNSTON, Plaintiff AMENDMENT TO COMPLAINT VS. GEORGE PERNA, JOHN SIMONS, ERIC NITLCHE JOHN DRAPER and JACK GRAHAM as they are members of the Planning Board of the Town of North Andover, .,.. Defendants - Psi NOW COMES the Plaintiff Donald Johnston and the Complaint caEitioned above by including the following a esses: Donald Johnston 114 Boston Rd . No. Andover, MA 01845 George Perna 260 Farnham St . No. Andover, MA 01845 John Simon 24 Ironwood Rd. No. Andover, MA 01845 Eric Nitzchc 1253 Salem St . No. Andover, MA 01845 John Draper 230 Johnson St . No. Andover, MA 01845 Jack Graham 5 Magnolia Drive No. Andover, MA 01845 Donald Johnston, by his attorney 1 t David J . Baan, Jr. E 36 Lawrence St . Lawrence, MA 01840 Dated: July 17, 1990 ( 508 ) 683-5896 CERTIFICATE OF SERVICE I, David J . Bain, Jr. hereby certify that a copy of the within Amendment To Complaint was this day mailed, Postage prepaid, to Town Clerk, Town of North Andover, !Hain St . , No. Andover, MA 01845 . David J . linin, Jr. Dated: July 17 , 1990 or ra i 1 . C "l I �7 �jo `�v� C o55l� k S i " j ��jj NUNIII1111U UUHIIU TOWN OF NORTH ANDOVER tVl MAS SACRUSETTS REC'tL�l'U pA?1�•: 14��{X HOHTH a ti4R �t�t�OVER o+,,,.. . o butt A Any appeal shall be filed ; '°• •°..:`sy �SSACHUSE� within (20) days after the date Of filing of this Notice NOTICE OF DECISION In the Office of the Town Clerk. ' Date -40 June 29._ 1990. . . . . . .�•.a ."�20 f Date of Bearing .444q.2$,. -10.0 . r< w ® , . rn�a� Petition of MI Donald Johnston . .. . . . . . . . . . • . . . . . . . . . . , . . . . . . . . . . , . . . . . . . Premises affected . . . !717,Turnpike street (Route.114) . . . . . . . Referring to the above petition for a special permit from the requirements of the North Andover Bylaws.. Section,8.3...Site Plan Review. . . . . . . . . , . , , so as to permit the construction of a two story wood frame convenient. store. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After apublic hearing given on the above date, the Planning Board voted DENY SITE PLAN REVIEW to . . . . . . . . .. . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ATTEST: A Tme Copp based upon the following conditions- !'bm Clea& cc: Director of Public Works 'e (/ Board of Public Works Signed Highway Surveyor George Perna, Jr., Chairman Building Inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conservation Commission John Simons, Clerk Board of Health Assessors Police Chief Erich Nitzsche. . . . . . . . . . . . . . . .. . . Fire Chief John Draper Applicant . . . . . . . . . . . . . . . . . . . . . . . Engineer Jack Graham File . . . . . . . . . . Interested Parties I'larining 13oarc � "'U UUlif- TOwN OF N 0ItTII A N U UFLR �ASSACUUSETTS. REUNE') DAH's11 GONG "OR' NORTH AN OVER Any appeal shalt be filed within( ) p JUrr � a 2t} days after the ;�,�•,_ . ; date of ficin •=:::;:: . g of this Notice In the Office of the Town CHuSf,,s Clerk. NOTICE OF DECISION . June 29 v -40 Date. . . . . . 1."Ob Date of Hearin V 0 MO PCO a . . Petition of , • ;Kr. Donald id „ •Johnston , . . Premises of . . . . . . . . . . . . . . * . . . . . . . . . . . . . „ fected , , , 1717.Turapike Street {Route .114) . . • . • • . • • . . • Referring to the above Petition for a special permit from the requirements Of the . « North Andover Zoning Bylaw - Section 1o.8 so a9 to • • • • • • . . . . , , • Repetitive Petition permit . . pe petitioner t0 re . . . . . . . . . .• • • • • petition th for reconsideration.of,a.RreviouslX. genie d.�etition onlnq Board, Q • . . . . . After a . . . . . . . . . . . . . . Public hearing given on the above date the Plannin to APPYthe . . ,. . . . . . . . . REPETITIVE PETITIg Board VOtQd . . . . . . . . . . . . . . ON . . . .. . . . . . , ATMT, . . . . . . . . A Tine Copp cc: Director o he based u Board, of P uhlic Works orks poll the following conditions: Highway surveyor Building Inspector Board .of Health Conservation Commission Signed ±na, X ` ,Assessors George PPolice ChiefChairman Fire Chief John Simons, Clerk err. . • . • • . . • • • • • . . Applicant Engineer . . . . . . . . . . File Erich Nitzsche Interested Parties ••• - John Draper. Jack GrahaA . . . . . . .Plrittiliitg Board • . . OF NOPIF OFFICES OF: o?' c� Town of 120 Main Street BUILDING NORTH ANDOVER North Andover CONSERVATION ;,` `'-`a Massachusetts 01845 HEALTH ss""Ospt4 DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR June 29 , 1990 Mr. Daniel Long , Town Clerk, Town Hall 120 Main Street North Andover, MA 01845 Re: Johnson Country Store, Turnpike Street, Site Plan Review & Repetitive Petition Dear Mr, Long: The North Andover Planning Board held a public hearing on January 18, 1990 , in the Town Hall , Selectmen' s Meeting Room, upon the application of Donald Johnston, 114 Boston Street, North Andover, MA, requesting Site Plan approval under Section 8 . 3 of the North Andover Zoning Bylaw. The following members were present: George Perna, Jr, Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. The petitioner is requesting Site Plan approval for the construction of a two story wood frame building. The premises affected is located at 1717 Turnpike Street (Route 114 ) , known as Lot 3 and is zoned General Business. The lot contains 15 , 275 sq. ft. John Simons read the legal notice to open the public hearing. Letters were received and read from the Board of Health and the Fire Chief . Christian Huntress , Town Planner, stated that the site has received a variance from the Zoning Board of Appeals for set backs from the lot lines, front, rear and side as well as the size of the lot. Erich Nitzsche asked if the proposed was on a lot of record. David Bain, representing Donald Johnston, was present and introduced Peter Richardson of Kaminski & Associates, engineer for the project. The applicant is proposing a wood frame building for a convenient store . Mr. Bain stated that variances were received from the Board of Appeals . The Board of Appeals asked that the applicant go before the Planning Board for Site Plan approval and return to them with the final plan before a building permit would be issued. Mr. Bain further stated that the parking spaces shown on the original plan where for compact cars. The plans have been revised showing parking spaces for full size cars. The applicant has to go back to the Board of Appeals with the revised plans. Page 2 : Mr. Bain stated that originally the Board of Appeals denied the application because information that was requested was not presented. =The day after the decision was filed a letter was received by the Board of Appeals from-Mass. D. P.W. , District 5 , requesting only one curb-cut. Peter Richardson stated that revised plans have been submitted on the parking area. The original plans shown two entrances. The State did not want two curb-cuts, only one entrance/exit. John Simons stated that the applicant must petition the Planning Board for the reconsideration to go before the Zoning Board of Appeals. The Board discussed the procedures on reconsidering a previously denied application. The applicant must appear before the Planning Board for reconsideration. John Simons read from the Zoning Bylaw, the section relating to reconsideration . A public hearing and notice must be published. Erich Nitzsche asked about drainage . Peter Richardson stated that State catch basins will be used. The Board told the applicant there will be no signs on the building. Mr Bain told the Board that the proposed would be a convenient store on the lower level . The second floor will be for the office and living quarters for one of Mr. Johnston sons who will be working in the store. Erich Nitzsche asked who owned the property at this time . Mr. Bain stated that it was in an estate . He further stated that he would provide the Board with a copy of the deed. John Simons asked what the percentage , on the second floor, that would be used for the residency. Erich Nitzsche stated that the basement will only be used for storage. The Board asked Christian Huntress to check and see if the basement is included in the square footage of the building to get the, percentage of the living area allowed. Bill Dolan, Fire Chief, spoke on the application before the Board. Access is needed for the rear of the building at least12 feet. The applicant and the Fire Chief will work together on the access to the rear of the building. George Perna emphasized that the Board does not want to see a strip mall. The Board discussed lighting with no glare. Christian Huntress told the applicant that a dry sewer must be put in to tie into the sewer that is coming down Route 114 . Page 3: George Perna stated that there might be other issues that have to be addressed before coming to the Planning Board for Site Plan Review. Those issues should be addressed by the Zoning Board of Appeals Christian Huntress stated that along Route 114 the required front setback is 100 ' . The first 50' shall be landscaped. Erich Nitzsche asked if the applicant has written permission to tie into the State drainage system. A motion was made by John Simons to continue the public hearing and direct the Planner to send a letter to the applicant listing the Board concerns. The motion was seconded by John Draper and voted unanimously by those present. On March 15 , 1990 the North Andover Planning Board held a regular meeting in the Town Hall , Selectmen' s Meeting Room. The following members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. A motion was made by Erich Nitzsche to continue the public hearing to the April 5th meeting. The motion was seconded by John Draper and voted unanimously by those present. On April 5 , 1990, the North Andover Planning Board held a regular meeting in the Town Hall, Selectmen ' s Meeting Room. The following members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent, John Simons read a letter from Christian Huntress, Town Planner, to the applicant. A legal notice is needed for the repetitive petition. Attorney David Bain was present along with Peter Richardson, of Richard F . Kaminski Associates, and Donald Johnston, the applicant. George Perna would like the applicant to see the presentation that Christian Huntress gave the Planning Board on Village Commercial Projects and see what is favorable for development in North Andover. The Board does not want to see strip malls along Route 114. A discussion took place on reducing the number of parking spaces. The Board requested that a legal notice be prepared for the May 17 , 1990 meeting for the Repetitive Petition. Page 4: A motion was made by Erich Nitzsche to accept an extension to May 31 , 1990 and advertise for the first meeting in May, May 17 , 1990 for the Repetitive Petition. The motion was seconded by John Draper and voted unanimously by those present. On May 17 , 1990, the North Andover Planning Board held a regular meeting in the Town Hall, Selectmen' s Meeting Room. The following members were present: George Perna, Jr. , Chairman, John Simons , Clerk, Erich Nitzsche and John Draper. Jack Graham was absent.' Christian Huntress explained why this application was before the Board for a Repetitive Petition. The applicant received a denial from the Zoning Board of Appeals because there was no curb cut approval from the State. The day after the denial, a letter was received from the State granting the curb-cut. The applicant went back before the Zoning Board of APpeals and got the approval. When the applicant cam before the Planning Board, the Board asked the applicant to go through the proper process, filing a Repetitive Petition through the Planning Board. John Simons read the legal notice to open the public hearing on the Repetitive Petition. George Perna stated the reason that this was before the Board was to determine if there was substantial and material changes in the application. David Bain, attorney representing Mr. Johnston, spoke on the original denial ; that the being the traffic. the Zoning Board ,of Appeals asked for input on this matter from the State. The letter arrived the day after the Zoning Board made their decision. George Perna asked Mr. Bain exactly what the material differences were . Peter Richardson, Richard F . Kaminski & Associates, stated that the applicant now has a curb-cut permit from the State. A lengthy discussion took place on the zoning of the parcel. The Board requested a title search be done on Lot 3. When was the lot created, before or after the zoning and was it in separate ownership. The Board also discussed the size of the lot being less than what is required. John Simons expressed his feelings that there was not substantial or material cahnges. Mr. Bain said the change was the lack of information, which he now has. The Board wants new information, different and substantial changes. Mr. Bain told the Board he would provide that for them. A motion was made by John DRaper to continue the public hearing to June 7, 1990. The motion was seconded by Erich Nitzsche and voted unanimously by those present. Page 5 : On the Site plan Review, the Board requested a lighting and sign plan for the site . Tie Board could not act further on this petition until the Repetitive Petition has been addressed. A motion was made by Erich Nitzsche to continue the public hearing and accept an extension to June 30, 1990. The motion was seconded by John Simons and voted unanimously by those present. The Board was given a draft decision to review. The Chairman, George Perna further added that the Board will look at landscaping and lighting for the site . On June 7 , 1990 the North Andover Planning Board held a regular meeting in the Town Hall, Selectmen' s Meeting Room. The following members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. David Bain, attorney for the applicant, gave staff a Memorandum of Law. Copies were made available for the Planning Board to review. The Board had asked the applicant to address the Zoning Board of Appeals concerns so that the Board could find substantial or material changes in the application. A lengthy discussion took place on substantial and material changes. Also discussed was the possibility of entering the site from the adjacent property, where the gas station is located. The Board asked Mr. Bain to list the issues that the Zoning Board of Appeals had in their decision and after each issue, tell the Board how the issues were addressed. Michael Green, an attorney, stated that the only factor in the denial was that the Board had not heard from the Mass. D. P.W. for a curb-cut. A heated discussion took place on whether there was substantial or material changes in this application. Some of the Board members felt that there was substantial change to the plans. The request from the Board was to list those changes. The deadline for the Site Plan Review is June 30, 1990 . A motion was made by John Draper to continue the public hearing on the site plan review and repetitive petition to June 21, 1990 'The motion was seconded by John Simons and voted unanimously by those present. On June 21 , 1990, the Planning Board did not meet due to the lack of a quorum. The meeting was rescheduled for June 28, 1990. Page 6: On June 28, 1990 the North Andover Planning Board held a regular meeting in the Town Hall , Selectmen' s Meeting Room. The following members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche , John Draper and Jack Graham. John Simons read a letter from Christian Huntress, Town Planner, to Mr. Bain. A letter was received from Mr. Bain answering the concerns of the Board. George Perna asked what the setback was from the street. Chris Huntress stated the setback was 52 . 5 feet. The Board reviewed the letter from Mr. Bain. The Chairman asked for comments. John Simons stated that the only issue in the reason for denial from the Board of Appeals that had been addressed or that there was a change in was the first reason. The Board of Appeals now has input from the State. There were no other changes in the application before the Board. George Perna asked Chris if there was anything he wanted to add. Chris stated that he had drafted decisions for which ever way the Board voted to vote . George Perna asked Mr. Bain if there was a possibility of connecting to the abutting property, such as a roadway. Erich Nitzsche suggested a walkway. The Board reviewed the old plans in comparison to the new plans. Mr. Bain stated that the original plans had an entrance and an exit. The new plans showed one curb-cut. A, motion was made by Erich Nitzsche to close the public hearing on the Repetitive Petition. The motion was seconded by John Simons and voted unanimously by the Board. A' second motion was made by Erich Nitzsche that the Board find _ that there has been substantial changes in the Site Plan and that the Board vote to approve the reconsideration. There was no second. John Simons offered another motion that the Board votes unfavorable action on the Repetitive Petition in this matter, relating to . Johnston Country Store Application for Repetitive Petition. The motion' was seconded by John Draper. John Simons withdrew his motion and John Draper withdrew his second. Jack Graham seconded Erich motion to approve the reconsideration. The Chairman asked for a vote. Erich Nitzsche and Jack Graham voted in favor of reconsidering the application. John Simons and John Draper opposed the reconsideration. The Chairman voted in favor of reconsideration. The motion did not carry. The application for Repetitive Petition was denied. A motion was made by Erich Nitzsche to close the public hearing on the Site Plan Review for Johnston Country Store. The motion was seconded by John Simons and voted unanimously by the Board. Page 7 : Christian Huntress, Town Planner, gave the Board members copies of a draft decision for denial on the Site Plan Review for Johnston Country Store . The Board reviewed the decision. John Simons asked that number 2 of the Outstanding Issues stated that the proposed does not conform to the Zoning Bylaw requirements more specifically Table 2 and stated the reasons. A motion was made by John Simons to deny the Site Plan Review for Johnston Country Store for the reasons delineated in the written decision plus as amended by verbal conversation, adding that the application does not conform to Zoning. The motion was seconded by John Draper. George Perna stated that there were very few reasons why a Site Plan Review can be denied. Site Plan Review is a review and should be conditioned. In this case the applicant has not received the necessary variances approved because of the Repetitive Petition being denied. On that, the Chairman asked for a vote. The Board voted unanimously to deny the Site Plan Review. Attached are the reasons for that denial. Sincerely, PLANNING BOARD Georg Perna, Jr. , Chairman CC : Director of Public Works Beard of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessors Police Chief Fire Chief Applicant Engineer Ftle JOHNSTON COUNTRY STORE 1717 TURNPIKE STREET NORTH ANDOVER, MA. SITE PLAN REVIEW DENIAL, 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 not appropriate, due to it's location in Town. 2. Adequate vehicular and pedestrian access into the surrounding site has not been provided. 3 . Adequate and appropriate facilities have not be provided for the proper operation of the proposed use. 4 . The applicant has failed to receive approval from the Planning Board under section 10.8 of the North Andover Zoning Bylaw. This approval is necessary in order for the applicant to apply for a reconsideration to the Zoning Board of Appeals. The ZBA originally denied the variance requested by this applicant on April 11, 1989. Finally, upon reaching the above findings, the Planning Board denies this Site Plan Review application based upon the following outstanding issues: OUTSTANDING ISSUES; 1. The applicant has failed receive approval from the Planning Board for a reconsideration to the Zoning Board of Appeals, as stated in Section 10.8 of the North Andover Zoning Bylaw. The Zoning Board of Appeals denied the applicant's original request for a variance on April 11, 1989. Section 10. 8 of the North Andover Zoning Bylaw reads as follows: " When 1) the Planning Board denies an application for a Special Permit; or 2) the Board of Appeals denies a petition or a variance, no application on the same matter may be heard and acted favorably upon for a two (2) year period unless the following conditions are net: In the case of 1) above, four (4) of the five (5) members of the Planning Board find that there are specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the records of its proceedings, and only after a public hearing at which consent will be considered and after notice is given to the parties in interest. In the case of 2) above, the Zoning Board of Appeals may not act favorably upon a petition which has been previously denied within a two (2) year period of time unless four (4) of the five (5) members of the Zoning Board of Appeals find that there are specific and material changes in the conditions upon which the changes in the records of its proceedings and only after a public hearing, held by the Planning Board, at which consent to allow the petitioners to re-petition the Zoning Board of Appeals will be considered and after notice is given to parties in interest and only with four (4) of the five (5) members of the Planning Board voting to grant consent. " The applicant has not received the four (4) votes of the Planning Board necessary to grant the reconsideration to the Zoning Board of Appeals, and this application is hereby denied. 2. The proposed project is in violation of the setback requirements as found in table 2 of the Zoning Bylaw. More specifically the proposed structure is located 9.5 feet from the rear property line and 52 .5 feet away from the front property linea The required set backs for these two lot lines are 40 feet and 100 feet respectively. Further, the minimum lot size found in Table 2 of the Zoning Bylaw for the General Business zone is 25, 000 square feet. The Applicant is proposing construction on a 'lot with only 15,275 square feet, this is in clear violation of the general purpose and intent of the North Andover Zoning Bylaw. The following plans were presented to the Planning Board for review of this application and shall be considered as part of this denial: Plans Entitled: DEFINITIVE SITE PLAN OF LAND IN NORTH ANDOVER, MA. SHEETS 1-4 Prepared for: DONALD F. JOHNSTON LOT 3 , SALEM TURNPIKE (ROUTE 114) JOHNSTON COUNTRY STORE f. Prepared by: RICHARD F. KAMINSKI & ASSOC. , INC. 200 SUTTON STREET, NORTH ANDOVER, MA. 01845 Date: SHEETS 1-31 10/24/89 Revised: SHEET 4, 5/14/90 Revised: - Scale• 1" = 20 ' cc: Director of Public Works Board of Public Works Y Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File JOHNSTON COUNTRY STORE 1717 TURNPIKE STREET NORTH ANDOVER, MA. REPETITIVE PETITION FOR RECONSIDERATION BEFORE THE NORTH ANDOVER NORTH Y SECTION 10.8 OF THE NOR ON .BOARD OF APPEALS AS DICTATED B ZONING ANDOVER ZONING BYLAW. This application to the Planning Board for reconsideration to the Zoning Board of Appeals is hearby denied. The reason for denial is that the applicant has failed to show specific and material changes to the original site plan which was denied by the Zoning Board of Appeals on April 11, 1989. Section 10.8 of the North Andover Zoning Bylaw reads as follows: " When 1) the Planning Board denies an application for a Special Permit; or 2) the Board of Appeals denies a petition or a variance, no application on the same matter may be heard and acted favorably upon for a two (2) year period unless the following conditions are met: In the case of 1) above, four (4) of the five (5) members of the Planning Board find that there are specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the records of its proceedings, and only after a public hearing at which consent will be considered and after notice is given to the parties in interest. In the case of 2) above, the Zoning Board of Appeals may not act favorably upon a petition which has been previously denied within a two (2) year period of time unless four (4) of the five (5) members of the Zoning Board of Appeals find that there are specific and material changes in the conditions upon which the changes in the records of its proceedings and only after a public hearing, held by the Planning Board, at which consent to allow the petitioners to re-petition the Zoning Board of Appeals will be considered and after notice is given to parties in interest and only with four (4) of the five (5) members of the Planning Board voting to grant consent. " The applicant has not received the four (4) votes of the Planning ' Board necessary to grant the reconsideration to the Zoning Board of Appeals, and this application is hereby denied. PhABnIhG 80ABG TOWN OF NORTH ANDOVER ��tlor� , MASSACHUSETTS p�Rttt_Z1i AglE ,�pRtM t h811 be filed , . ...{ i s s � Anyappeal ,SCMUSE within (20)days after the ,ate of filing of'this Notice NOTICE OF D EC I S I O N in the of r"of the Town June 29, 1990 Date. . . . . . . . .. . Date of Hearing .41j4e.2$..A99.0 .. . Petition of ,Mr.. Donald.Johnston . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . 1717000 ,Turnpike street (Route,114) . . . . .. . . . Referring to the above petition for a special permit from the requirements of the . North Andover.zoninq BXlaws .. Section.8.3 ,�•Ste Plan Review • . , . . • . . SO a8 to permit ,the construction.of a two story wood� frame convenient store. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . .-. ., . .. . . . . . . ... . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted DENY SITE PLAN REVIEW to . . . . . . . . . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: cc: Director of Public Works Board of Public Works Signed Highway Surveyor George Perna, Jr., Chairman Building Inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conservation Commission John Simons, Clerk Board of Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessors Police Chief Erich Nitasche . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . Fire Chief Applicant John Draper . . . . . . . . . . . . . Engineer File Jack Graham . Interested Parties plantung BoarCl ��AnKih� ��A� o TOWN OF NORTH ANDOVER RELY.#' P MASSACHUSETTS 110,1tir LZNVG pC1yoj pp�g{L�6{F�0(R�1/' ��yy N°RTk I��T#li Mi,*'iFTER SO ABY appeal shall be filed T 4 y after the �� ..,,�,., •. within(20) date of filing of this Notice 'S=ACRUSE�. In the QffW of the Town Clerk. NOTICE OF DECISION Date. . . June 29,1990. . . . . . . . Date of Hearing . . A4Ae, .2L8... �-9PQ. . Petition of . . Mr- Donald,Johnston . . . . . . . . . . . . .. . . . . . . .. . . . . . . . Premises affected . . . lrl?«Turnpike .Street (Route.114) , , . . . . . . . . . Referring to the above petition for a special permit from the requirements Horth Andover Zoning Bylaw -. Section 10,8 - Repetitive Petition Of the . . .. . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the,petitioner to Ae petition,thg,zonixng hoard, p ,?-ppg9}e. . . . . for_.reconsideration of a previousl�r denied.petition.. . . . . . . .. . . . . . . . . . . . . . . . . . After ,a public hearing given on the above date, the Planning Board voted REPETITIVE PETITION to . P . . . . . . . . . . .the . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . based upon the following conditions cc: Director of Public Works..:. Board of Public Works Highway Surveyor Building Inspector Boardt..of Health - Signed Conservation Commission forge Perna, Chairman Assessors . . .. . . . • .. . . Police Chief John Simons, Clerk Fire Chief . . . . . . . . . . . . . . . Applicant Engineer Erich Nitacche , , , . . . . . . File Interested Parties .John Draper. . . . Jack GraYjaA . . . . . . . . .oar. Board. , d aonr., OFFICES OF: Town of 120 Main Street BUILDINGs NORTH ANDOVER North Andover CONSERVATION '*:i a p Massachusetts 0 1845 HEALTH a8°"� DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR June 29 , 1990 Mr. Daniel Long, Town Clerk, Town Hall 120 Main Street North Andover, MA 01845 Re: Johnson Country Store, Turnpike Street, Site Plan Review & Repetitive Petition Dear Mr. Long: The North Andover Planning Board held a public hearing on January 18, 1990, in the Town Hall, Selectmen ' s Meeting Room, upon the application of Donald Johnston, 114 Boston Street, North Andover, MA, requesting Site Plan approval under Section 8. 3 of the North Andover Zoning Bylaw. The following members were presents George Perna, Jr, Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. The petitioner is requesting Site Plan approval for the construction of a two story wood frame building. The premises affected is located at 1717 Turnpike Street (Route 114) , known as Lot 3 and is zoned General Business. The lot contains 15 , 275 sq. ft'. John Simons read the legal notice to open the public hearing. Letters were received and read from the Board of Health and the Fire Chief. Christian Huntress, Town Planner, stated that the site has received a variance from the Zoning Board of Appeals for set backs from the lot lines, front, rear and side as well as the size of the lot. Erich Nitzsche asked if the proposed was on a lot of record. David Bain, representing Donald Johnston, was present and introduced Peter Richardson of Kaminski & Associates, engineer for the project. The applicant is proposing a wood frame building for a convenient store. Mr. Bain stated that variances were received from the Board of Appeals . The Board of Appeals asked that the applicant go before the Planning Board for Site Plan approval and return to them with the final plan before a building permit would be issued. Mr. Bain further stated that the parking spaces shown on the original plan where for compact cars. The plans have been revised showing parking spaces for full size cars. The applicant has to go back to the Board of Appeals with the revised plans. Page 2 Mr. Bain stated that originally the Board of Appeals denied the application because information that was requested was not presented. The day after the decision was filed a letter was received by the Board of Appeals from Mass . D. P .W. , District 5 , requesting only one curb-cut. Peter Richardson stated that revised plans have been submitted on the parking area. The original plans shown two entrances. The State did not want two curb-cuts, only one entrance/exit. John Simons stated that the applicant must petition the Planning Board for the reconsideration to go before the Zoning Board of Appeals. The Board discussed the procedures on reconsidering a previously denied application. The applicant must appear before the Planning Board for reconsideration. John Simons read from the Zoning Bylaw, the section relating to reconsideration. A public hearing and notice must be published. Erich Nitzsche asked about drainage. Peter Richardson stated that State catch basins will be used. The Board told the applicant there will be no signs on the building. Mr Bain told the Board that the proposed would be a convenient store on the lower level. The second floor will be for the office and living quarters for one of Mr. Johnston sons who will be working in the store. Erich Nitzsche asked who owned the property at this time. Mr. Bain stated that it was in an estate. He further stated that he would provide the Board with a copy of the deed. John Simons asked what the percentage, on the second floor, that would be used for the residency. Erich Nitzsche stated that the basement will only be used for storage. The Board asked Christian Huntress to check and see if the basement is included in the square footage of the building to get the percentage of the living area allowed. Bill Dolan, Fire Chief, spoke on the application before the Board. Access is needed for the rear of the building at least 12 feet. The applicant and the Fire Chief will work together on the access to the rear of the building. George Perna emphasized that the Board does not want to see a strip mall. The Board discussed lighting with no glare. Christian Huntress told the applicant that a dry sewer must be put in to tie into the sewer that is coming down Route 114. 1 Page 3: George Perna stated that there might be other issues that have to be addressed before coming to the Planning Board for Site Plan Review. Those issues should be addressed by the Zoning Board of Appeals. Christian Huntress stated that along Route 114 the required front setback is 100 ' . The first 50 ' shall be landscaped. Erich Nitzsche asked if the applicant has written permission to tie into the State drainage system. A motion was made by John Simons to continue the public hearing and direct the Planner to send a letter to the applicant listing the Board concerns. The motion was seconded by John Draper and voted unanimously by those present. On March 15, 1990 the North Andover Planning Board held a regular meeting in the Town Hall, Selectmen' s Meeting Room. The following members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. A motion was made by Erich Nitzsche to continue the public hearing to the April 5th meeting. The motion was seconded by John Draper and voted unanimously by those present. On April 5, 1990, the North Andover Planning Board held a regular meeting in the Town Hall, Selectmen' s Meeting Room. The follo0ing members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. John Simons read a letter from Christian Huntress, Town Planner, to the applicant. A legal notice is needed for the repetitive petition. Attorney David Bain was present along with Peter Richardson, of Richard F. Kaminski Associates, and Donald Johnston, the applicant. George Perna would like the applicant to see the presentation that Christian Huntress gave the Planning Board on Village Commercial Projects and see what is favorable for development in North Andover. The Board does not want to see strip malls along Route 114. A discussion took place on reducing the number of parking spaces . The Board requested that a legal notice be prepared for the May 17, 1990 meeting for the Repetitive Petition. Page 4 A ';motion was made by Erich Nitzsche to accept an extension to May 31 1990 and advertise for the first meeting in May, May 17, 1990 for the Repetitive Petition. The motion was seconded by John Draper and voted unanimously by those present. On May 17 , 1990, the North Andover Planning Board held a regular meeting in the Town Hall, Selectmen' s Meeting Room. The following members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. Christian Huntress explained why this application was before the Board for a Repetitive Petition. The applicant received a denial from the Zoning Board of Appeals because there was no curb- cut approval from the State. The day after the denial, a letter was received from the State granting the curb-cut. The applicant went back before the Zoning Board of APpeals and got the approval. When the applicant cam before the Planning Board, the Board asked the applicant to go through the proper process, filing a Repetitive Petition through the Planning Board. John Simons read the legal notice to open the public hearing on the Repetitive Petition. George Perna stated the reason that this was before the Board was to determine if there was substantial and material changes in the application. David Bain, attorney representing Mr. Johnston, spoke on the original denial ; that the being the traffic. the Zoning Board of Appeals asked for input on this matter from the State. The letter arrived the day after the Zoning Board made their decision. George Perna asked Mr. Bain exactly what the material differences were . Peter Richardson, Richard F . Kaminski & Associates, stated that the applicant now has a curb-cut permit from the State. A lengthy discussion took place on the zoning of the parcel. The Board requested a title search be done on Lot 3. When was the lot created, before or after the zoning and was it in separate ownership. The Board also discussed the size of the lot being less than what is required. John Simons expressed his feelings that there was not substantial or material cahnges. Mr. Bain said the change was the lack of information, which he now has. The Board wants new information, different and substantial changes. Mr. Bain told the Board he would provide that for them. A motion was made by John DRaper to continue the public hearing to June 7 , 1990. The motion was seconded by Erich Nitzsche and voted unanimously by those present. Page 5: On the Site plan Review, the Board requested a lighting and sign plan for the site . The Board could not act further on this petition until the Repetitive Petition has been addressed. AI motion was made by Erich Nitzsche to continue the public hearing and accept an extension to June 30, 1990. The motion was seconded by John Simons and voted unanimously by those present. The Board was given a draft decision to review. The Chairman, George' Perna further added that the Board will look at landscaping and lighting for the site . On June 7 , 1990 the North Andover Planning Board held a regular meeting in the Town Hall, Selectmen ' s Meeting Room. The following members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. David Bain, attorney for the applicant, gave staff a Memorandum of Law. Copies were made available for the Planning Board to review. The Board had asked the applicant to address the Zoning Board of Appeals concerns so that the Board could find substantial or material changes in the application. A lengthy discussion took place on substantial and material changes. Also discussed was the possibility of entering the site from the adjacent property, where the gas station is located. The Board asked Mr. Bain to list the issues that the Zoning Board of Appeals had in their decision and after each issue, tell the Board how the issues were addressed. Michael Green, an attorney, stated that the only factor in the denial was that the Board had not heard from the Mass. D. P.W. for a curb-cut. A heated discussion took place on whether there was substantial or material changes in this application. Some of the Board members felt that there was substantial change to the plans. The request from the Board was to list those changes. The deadline for the Site Plan Review is June 30, 1990. A motion was made by John Draper to continue the public hearing on the site plan review and repetitive petition to June 21, 1990 The motion was seconded by John Simons and voted unanimously by those present. On June 21 , 1990, the Planning Board did not meet due to the lack of a quorum. The meeting was rescheduled for June 28, 1990. Page 6s On June 28, 1990 the North Andover Planning Board held a regular meeting in the Town Hall, Selectmen's Meeting Room. The following members were present: George Perna, Jr. , Chairman, John Simons, Clerk, Erich Nitzsche, John Draper and Jack Graham. John Simons read a letter from Christian Huntress, Town Planner, to Mr. Bain. A letter was received from Mr. Bain answering the concerns of the Board. George Perna asked what the setback was from the street. Chris Huntress stated the setback was 52 . 5 feet. The Board reviewed the letter from Mr. Bain. The Chairman asked for comments. John Simons stated that the only issue in the reason for denial from the Board of Appeals that had been addressed or that there was a change in was the first reason. The Board of Appeals now has input from the State. There were no other changes in the application before the Board. George Perna asked Chris if there was anything he wanted to add. Chris stated that he had drafted decisions for which ever way the Board voted to vote . George Perna asked Mr. Bain if there was a possibility of connecting to the abutting property, such as a roadway. Erich Nitzsche suggested a walkway. The Board reviewed the old plans in comparison to the new plans. Mr. Bain stated that the original plans had an entrance and an exit. The new plans showed one curb-cut. A motion was made by Erich Nitzsche to close the public hearing on the Repetitive Petition. The motion was seconded by John Simons and voted unanimously by the Board. A second motion was made by Erich Nitzsche that the Board find that there has been substantial changes in the Site Plan and that the Board vote to approve the reconsideration. There was no second. John Simons offered another motion that the Board votes unfavorable action on the Repetitive Petition in this matter, relating to Johnston Country Store Application for Repetitive Petition. The motion was seconded by John Draper. John Simons withdrew his motion and John Draper withdrew his second. Jack Graham seconded Erich motion to approve the reconsideration. The Chairman asked for a vote. Erich Nitzsche and Jack Graham voted in favor of reconsidering the application. John Simons and John Draper opposed the reconsideration. The Chairman voted in favor of reconsideration. The motion did not carry. The application for Repetitive Petition was denied. A motion was made by Erich Nitzsche to close the public hearing on the Site Plan Review for Johnston Country Store. The motion was seconded by John Simons and -voted unanimously by the Board'. Page 7,: Christian Huntress, Town Planner, gave the Board members copies; of a draft decision for denial on the Site Plan Review for Johnston Country Store . The Board reviewed the decision. John Simons asked that number 2 of the Outstanding Issues stated that the proposed does not conform to the Zoning Bylaw requirements more specifically Table 2 and stated the reasons. A motion was made by John Simons to deny the Site Plan Review for Johnston Country Store for the reasons delineated in the written decision plus as amended by verbal conversation, adding that the application does not conform to Zoning. The motion was seconded by John Draper. George Perna stated that there were very few reasons why a Site Plan Review can be denied. Site Plan Review is a review and should be conditioned. In this case the applicant has not received the necessary variances approved because of the Repetitive Petition being denied. On that, the Chairman asked for a vote'. The Board voted unanimously to deny the Site Plan Review. Attached are the reasons for that denial . Sincerely, PLANNING BOARD 9 Perna Jr. Chairman CC: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessors Police Chief Fire Chief Applicant Engineer File IIS C JOHNSTON COUNTRY STORE 1717TURNPIKE STREET NORTH ANDOVER, MA. SITE PLAN REVIEW DENIAL, 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 not appropriate, due to it's location in Town. 2. Adequate vehicular and pedestrian access into the surrounding site has not been provided. 3 . Adequate and appropriate facilities have not be provided for the proper operation of the proposed use. 4. The applicant has failed to receive approval from the Planning Board under section 10.8 of the North Andover Zoning Bylaw. This approval is necessary in order for the applicant to apply for a reconsideration to the Zoning Board of Appeals. The ZBA originally denied the variance requested by this applicant on April 11, 1989. Finally, upon reaching the above findings, the Planning Board denies this Site Plan Review application based upon the following " outstanding issues: OUTSTANDING ISSUES: 1. The applicant has failed receive approval from the Planning Board for a reconsideration to the Zoning Board of Appeals, as stated in Section 10.8 of the North Andover Zoning Bylaw. The Zoning Board of Appeals denied the applicant's original request for a variance on April 11, 1989. Section 10.8 of the North Andover Zoning Bylaw reads as follows: " When 1) the Planning Board denies an application for a Special Permit; or 2) the Board of Appeals denies a petition or a variance, no application on the same matter may be heard and acted favorably upon for a two (2) year period unless the following conditions are met: In the case of 1) above, four (4) of the five (5) members of the Planning Board find that there are specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the records of its proceedings, and only after a public hearing at which consent will be considered and after notice is given to the parties in interest. In the case of 2) above, the Zoning Board of Appeals may not act favorably upon a petition which has been previously denied within a two (2) year period of time unless four (4) of the five (5) members of the Zoning Board of Appeals find that there are specific and material changes in the conditions upon which the changes in the records of its proceedings and only after a public hearing, held by the Planning Board, at which consent to allow the petitioners to re-petition the Zoning Board of Appeals will be considered and after notice is given to parties in interest and only with four (4) of the five (5) members of the Planning Board voting to grant consent. " The applicant has not received the four (4) votes of the Planning Board necessary to grant the reconsideration to the Zoning Board of Appeals, and this application is hereby denied. 2. The proposed project is in violation of the setback requirements as found in table 2 of the Zoning Bylaw. More specifically the proposed structure is located 9.5 feet from the rear property line and 52.5 feet away from the front property line. The required set backs for these two lot lines are 40 feet and 100 feet respectively. Further, the minimum lot size found in Table 2 of the Zoning Bylaw for the General Business zone is 25, 000 square feet. The applicant is proposing construction on a lot with only 15,275 square feet, this is in clear violation of the general purpose and intent of the North Andover Zoning Bylaw. The following plans were presented to the Planning Board for review of this application and shall be considered as part of this denial: Plans Entitled: DEFINITIVE SITE PLAN OF LAND IN NORTH ANDOVER, MA. SHEETS 1-4 Prepared for: DONALD F. JOHNSTON LOT 3, SALEM TURNPIKE (ROUTE 114) JOHNSTON COUNTRY STORE Prepared by: RICHARD F. KAMINSKI & ASSOC. , INC. 200 SUTTON STREET, NORTH ANDOVER, MA. 01845 Date: SHEETS 1-3, 10/24/89 Revised: SHEET 4, 5/14/90 Revised: 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 JOHNSTON COUNTRY STORE 1717 TURNPIKE STREET NORTH (ANDOVER, MA. REPETITIVE PETITION FOR RECONSIDERATION BEFORE THE NORTH ANDOVER ZONING BOARD OF APPEALS AS DICTATED BY SECTION 10.8 OF THE NORTH ANDOVER ZONING BYLAW. This application to the Planning Board for reconsideration to the Zoning Board of Appeals is Nearby denied. The reason for denial is that the applicant has failed to show specific and material changes to the original site plan which was denied by the Zoning Board of Appeals on April 11, 1989. Section 10.8 of the North Andover Zoning Bylaw reads as follows: When 1) the Planning Board denies an application for a Special Permit; or 2) the Board of Appeals denies a petition or a variance, no application on the same matter may be heard and ached favorably upon for a two (2) year period unless the following conditions are met: In the case of 1) above, four (4) of the five (5) members of the Planning Board find that there are specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the records of its proceedings, and only after a public hearing at which consent will be considered and after notice is given to the parties in interest. In 'the case of 2) above, the Zoning Board of Appeals may not act favorably upon a petition which has been previously denied within a two (2) year period of time unless four (4) of the five (5) members of the Zoning Board of Appeals find that there are specific and material changes in the conditions upon which the changes in the records of its proceedings and only after a public hearing, held by the Planning Board, at which consent to allow the petitioners to re-petition the Zoning Board of Appeals will be considered and after notice is given to parties in interest and only with four (4) of the five (5) members of the Planning Board voting to grant consent. " The applicant has not received the four (4) votes of the Planning Board necessary to grant the reconsideration to the Zoning Board of Appeals, and this application is hereby denied. F e• DIVISION OF PLANNING AND COMMUNITY DEVELOPMENT TOWN OF NORTH ANDOVER MASSACHUSETTS Ir PLANNING BOARD wait .. APPLICATION FOR SITE PLAN REVIEW - SPECIAL PERMITC4 Under Section 8. 3 of the Town o M.rt 2 f North Andover Zoning Bylaw. � 1. A licant/Petitioners: pP _Mr- _T]nnald .Tnhnetnn Address: 114 Boston Street No Andover MA 01845 Phone: (508) 682-1619 2 . ) Ownership: 'qtr. Donald Johnston Address: 114 Boston Street No. Andover MA 01845 Phone: (508) 682-1619 3. ) Location of the project: goute 114 Address: 1717 Turnpike Street (Route 114) Assessors Map #: 107B Deed Recorded in: ssex North Registry District Registry of Deeds Book #37 Page 169 or Land Court Certificate No. Book Page 4. ) Size of the Building _4724 (GFA) square feet Height 2 Stories so +[- Feet Occupancy or Use let Flnor Retail/2nd Flnnr—Residential /Office Type of Construction ldnod—Frame 5. ) Size of Existing Building None Height Stories Feet Occupancy or Use Type of Construction 6. ) Classification of the Project(See Section 8. 33 of the Zoning Bylaw) Major Intermediate Minor X INFORMATION REQUIRED FOR SITE PLAN REVIEW TYPE OF DEVELOPMENT PROPOSED MAJOR INTERMEDIATE MINOR TYPE OF INFORMATION REQUIRED X X X X 1. North Arrow/Location Map X X X X 2 . Survey of the Lot/Parcel X X X X 3. Name/Description of Project X X X X 4. Easements/Legal Conditions X X X X 5. Topography X X fT_ X X 6. Zoning Information X X X X 7 . Stormwater Drainage Plan X X X X 8. Building( s) Location X X X X 9 . Location of Parking/Walkways X X X 10. Location of Wetlands X X _ X X 11. Location of Walls/Signs X X X X 12. Location of Roadways/Drives X 0 0 13. Outdoor Storage/Display Area X X 0 1Y. Landscaping plan X X 0 15. Refuse Areas X X 0 16. Lighting Facilities X 0 0 17 . Drainage Basin Study X 0 0 18. Traffic Impact Study X 19, Commonwealth Review X Required Information 0 Information may be requested by the Planning Board 7 . ) Please supply ten ( 10) copies of the above information to the Town Planner with this application. c . y 8. ) Advertising Fees Filing Fees ra c 9. ) Pet-t- Ct o`ffers Signature: Every application for action by the Board shall be made on a form',approvW by the Board. These forms shall be furnished by the Town Clerk upon quest. Any communication purporting to be an application shall ,-be •trested as mere notice of intention to seek relief until such time as eftf;s made on the official application form. All information called for the form shall be furnished by the applicant in the manner therein prescribed in accordance with the requirements of Section 8. 3. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to the the abutters within three hundred ( 300) feet of the property line all as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the Town and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NAME ADDRESS Cyr Oil Corp. (Lot 56) 197 Essex St. , Swampscott, MA John M. Cormier (Lot 19/20/23) 1737 Turnpike St. , No. Andover, MA 01845 Spar & Spindle Girl Scouts P.O. Box 1010, Middleton, MA Council (Lot 21) B.W. Farnum Estates 426 Farnum St. , No. Andover, MA (Lots 74,93-96) f ADD ADDITIONAL SHEETS, IF NECESSARY ANY QUESTIONS SHOULD BE DIRECTED TO THE PLANNING OFFICE AT 685-4775 APPLICATION TO THE PLANNING BOARD FOR A PUBLIC HEARING TO BE HELD WITH REGARD TO THE RECONSIDERATION OF ZONING BOARD'S DENIAL OF VARIANCE. April 3 , 1990 The purpose of this application is to show material and specific changes between the petition denied by the Zoning Board of Appeals on April 11, 1989 and the rehearing of the petition held on May 9, 1989 at which the requested variance was granted. Prior to the hearing of the Zoning Board of Appeals on April 11, 1989, the Chairman wrote to the State Department of Public Works, District 5, for comment. In a letter dated April 6, 1989, postmarked April 10, 1989, and received April 12, 1989 ; Mr. David Wilson, District Highway Engineer responded. This letter is attached hereto, designated Exhibit "A" . The undersigned was sent a copy of this letter by, the Zoning Board of Appeals. Upon receipt the undersigned sent a letter dated April 27 , 1989 requesting that theZoningBoard of Appeals rescind its vote and reconsider the petition in light of the new evidence available to it. This letter is appended' hereto and designated Exhibit "B". This request was granted on May 9, '1989 the Zoning Board of Appeals rescinded its earlier vote and granted the variance. "Specific and material changes in the conditions upon which the previous unfavorable action was based" (§10.8 N.A. Zoning By Law) in this case is the unavailability of the State Department of Public Works letter. When the letter in question was received, the Zoning Board of Appeals realizing its implications, forwarded same to counsel (Exhibit "C") and subsequently agreed to reconsider its previous negative .action. The contents of the, letter in question (Exhibit "A") is both a "Specific and material change. . . "' this is . amply supported by the actions of the _Zoning Board of Appeals. If one were to'speculate the conclusion that leaps to the forefront is that if the zoning Board of Appeals had received the Department of Public Works letter prior to its April meeting it would have granted the variance. However, the letter as can be seen from , a reading of the minutes and decisions of both meetings (Exhibit "D" attached) answered questions of the Zoning Board of Appeals with respect to the 100 foot setback requirement and traffic impact. It appears that the letter from the State Department of Public Works fulfills the requirements contained in §10.8 of the North Andover Zoning By Law. Correspondence from the Town Planner is attached ,for the convenience of the Board. Respectfully submitted, Donald Johnston By his Attorney , I David J. Bain, J 36 Lawrence St. Lawrence, MA 01840 x 14 I�JZ W""n 6 W W� Jx y e/zaVIAM4n0Z4OI I'W& l�fr/J DISTRICT f15 OFFICE 405 MAPLE STREET. DANVERS 01923 NORTH ANDOVER - ROUTE 114 April 6, 1989 it Mr.. Frank Serio Jr. , Chairman Board of Appeals Town Hall North Andover, MA. 01845 Dear Mr., Serio: With regard to your letter and plan request of March 29th to comment on Donald Johnston 's petition at 1717 Turnpike Street (Route 114) , for set back variances; the following may be pertinent: 1. _ We wonder why the rear property line could not be extended to the present stone wall thereby gaining an additional thirty (30) feet more or less of fromtage set back. 2. We would prefer an alternate design of access drives, of that shown on the site plan, to a single entrance and it will be our requirement when an access drive permit is requested. 3. The permit plan would require additional details: present roadway edges, striping, D.P.W. reference base lime extending three hundred (300 t) feet more or less on the westbound and eastbound side of the ' property locus. 4. We are pleased to cooperate with the 'Down Boards in any manner that effects traffic and safety on state highways. Very truly yours, ' /514�Pvz� David J. Wilson District Highway Engineer Plu Bu10umio.Fivc.Da-vs " Isoani ea \\aq+�leev- . ..The Commonwealth of Massachusetts.. _ DEPARTMENT OF PUBLIC WORKS * �� 195 MAPLE ST., HATHORNE, NIA. 01937 f w MR. RFRANK SERIO JR. , CHAIRMAN RADHALLAPPEALS NORTH ANDOVER, MA. 01845 i {{LLntll{{hlirtinit{Iilnit�i >C DAVIDJ. BAIN, JR. ATTORNEY AT LAW 30 LAWRENCE STREET LAWRENCE,MASSACHUSETTS 01840 (aoa)aea-aaea April 27, 1989 Mr. Frank J. Serio, Jr. Chairman North Andover Zoning Board of Appeals Town Hall North Andover, MA 01845 Re: Petition of Donald Johnston Property located at 1717 Turnpike Street, (ZBA Case No. 44-89) Request for reconsideration. -- Dear Mr. Serio: Please be advised that the. undersigned, represents Donald Johnston who appeared before the Zoning Board of Appeals in Case No. 44-89 on March 14, 1989 and on April. ll, 1989. The Board voted to deny the variances requested by the Petitioner at the April 11th meeting. A letter from the Massachusetts Department of Public Works, District 5, dated April 6, -1989, postmarked April 10, 1989 was received by the Board of Appeals on April 12, 1989. A copy of this letter is attached hereto. The letter signed by District Highway Engineer, David J. Wilson contains evidence of the opinion of the State Department of Public Works which was not available to the Board during its deliberations, although it was requested by you in a letter of March 29, 1989 . Mr. Wilson's letter is extremely germane, not only for what it contains, but also for what it does not address. The issue raised in paragraph 1 of the letter was answered at the hearing. The Petitioner is not theownerof the land between the rear property line and the stone wall . Although overtures have been made to acquire this strip, they have not been favorably responded to. The Board itself raised the issue contained in paragraph 2 and considered making it a requirement. The Petitioner certainly has, and had no objection to this. The additional details requested by paragraph 3 of Mr. Wilson 's letter are not a problem and could be addressed in the site plan review phase. Mr. Wilson's letter was silent with respect to traffic safety issues. A fair inference to be drawn from this silence is that the proposed structure and use is regarded by the State Department of Public Works as of minimal intensity and therefore of minimal impact. The Petitioner requests the Board to rescind its vote of April 11, 1989 and to reconsider the Petition in light of this new evidence. Respectfully submitted, Donald Johnston, By his attorney, { David J. Bain, Jr. , Esq. 36 Lawrence Street Lawrence, MA 01840 '.. Of'NORTI,9b • i Y �9SSatNus�ity TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Attorney David Bain, Jr. 36 Lawrence Street Lawrence, MA 01842 RE: Donald Johnston, 1717 Turnpike St. , North Andover, MA 01845 Dear Attorney Bain: Enclosed please find a copy of a letter received by our office from Mr. David J. Wilson, District Highway Engineer for the Commonwealth of Massachusetts, Department_ of Public Works regarding the above petition. We feel that this may be of some help to his client should he desire to reapply with a new petition. BOARD OF APPEALS Frank' S io, Jr. Chairman Enc. /awt • �� f^irr 1`t� t„1 ..y •••� Il Ct.1:IV�ir . ✓• r OL.• 7q, 1 DAtlift LONG i Any appeal shall ,�rr• :� within be filed TOWN SUOV (20) fla}+S after t� iaas4 ' µORT}I A`+UOVhp date of fiiing Of thisthe ►. •+c�iu� ,�' . Notice '••...••4 in the Office of the . own QPR Z� IU 29 TAli ��g Clerk, TOWN OF NORTH ANDOVER MASSACHUSETTS i BOARD OF APPEALS NOTICE OF DECISION 1 Donald Johnston 114 Boston St. N. Andover, MA 01845 Date . . . Ap.r.11 .2Q,, 1989 . . . . . Petition No.. . . . . . . 4A-89. . . . . . Date of Hearing. .0pr.17 .11, . IM9. Petition of . . . .Donald.Johns.ton. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . .1717. Turnpike. Street. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from therequirementsof tic. See-tion. 7,. Paragraph 7.1, 7.3 and Table 2 of the Zoning Bylaws so as to permit relief •of• square• footage:of. -lot, :•front .setback and- rea.r. .setback an order for construction of building. After a public hearing given on the above date, the Board of Appeals voted to .DENY. . . . . . . the . . . . variances AS REQUESTEDx � SXX114t�?& €3Cl�xX X , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , l2Ji1FRRf�•7�9ll�tx Signed�6 Frank. er10,. J.r.... .Chalrznan . . . . . . . . . Alfred .Frizelle.,. .Vice-chairman. . . . .Augustine .Nickerson,. Clerk . . . . . . .William .Sullivan . . . . . . . . . . . . . . . . Walter Soule. . . . . : . . . . _. . . . . . . . . . . Board of Appeals REC[IVE11 ``Any app.eat shall be filed HOR f DANIEL LONG {, within (20) days after the •� ..+tio TOWN Cl.i•IM r NORTH ANuOVER date of tiiina of this Notice in the Office of the Town APR 20 19 29 ( ' 9 Clerk. SSACH"'t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Donald Johnston * Petition: 1144-89' 114 Boston St. * DECISION N. Andover, MA 01845 The Board of Appeals held a public hearing on Tuesday evening, March 14, 1989 and April 11, 1989 upon the application of Donald Johnston requesting a variance from the requirements of Section 7, Paragraph 7.1, 7.2 and Table- 2 of the Zoning Bylaws so as to permit relief of square footage of lot, front setback and rear setback in order for construction of building on the premises located at 1717 Turnpike 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 February 23'; 1989' and March '2, 1989 and all abutters were- notified by regular mail. Upon a motion made by Mr. Soule and seconded •by`Mr. Frizelle; the Board voted to grant the variances subject to tate following_conditions: 1. Only one way in and out of the site. 2. The State agrees to 'this`one way in and out. 3, The Board of Appeals see therevised plans before the building permit is issued. The vote was as follows: In favor; Mr. Serio, Mr. Frizelle and Mr. Soule Opposed: Mr. Nickerson and Mr. Sullivan therefore ,the petition is DENIED. The Board did not hear anything from the Massachusetts Department of Public Works and felt that the premises would be too close to the highway. The Board finds that the petitioner has not satisfied-the provisions of Section 10, Paragraph 1U.4 of the Zoning Bylaws and the granting of this variance would derogate from the intent and purposes of the Zoning Bylaw and would adversely affect the neighborhood. f Dated this, 20th day of April, 1989. BOARD OF APPEALS '�g F k Serio, Jr. /awt Chairman Chestnut Green - con'd Page S now and the parking would be right behind this fence, eliminating some of the green space. The traffic study has been done. The State feels that they may some day wish to widen Route 114, it would be on the other side of the road. The hardship is that the petitioner wants to serve their customers better. The parking right now is insufficient at the resent time and this p petition would eliminate that problem.. There are three (3) condo buildings iavolved in this petition. Mr. Nickerson asked if any parking could be put in the back of the buildings. Attorney Willis stated that it is more intense than before and he does not feel that the parking could be put any other place. The design by the State indicates that any expansion would be on the other side of the highway. Sane of the tenants now park in the church parking lot. Many of the condo owners spoke in favor of tills petition stating that they do not want to havetopark on Hillside Road, across the street from the complex, they would rather park on their own property. The hardship is to the patients of the doctorslocated in the condo complex. Most of the condo owners spoke in favor of this petition. Building Inspector, Robert Nicetta stressed that the State DPW must be notified of this and the impact that it could have on the State highway, and passed by them first. Officer David Rand spoke stating that there is a strictly left-hand turn and they have a lot of accidents in that spot. 'file cars leaving try to turn right thus causing an accident. Mr. Sullivan asked if the island could be pade so that no one could turn left? Officer Rand said no, because an island cannot be put in without the Title 5. He suggested that this be continued and have it checked with the DPW before anything is done, and get their suggestions Mr. Vivenzio asked why the petition had failed the last time it was presented' to the Board, and Mr. Serio stated that there were 2 in favor, 2 opposted and one abstained, therefore it could not be passed.. One abutter stated that the people are parking parralel now in this area and if they are allowed to park correctly, it will increase the safety of the area. Attorney Willis said that the condo people would be happly to comply with any conditions the Board wants. The petitioner_ has done just about everything that they could to make the area safe, and they are willing to meet with the State Title 5 people. �-' Upon "a motion made by Mr. Vivenzio and seconded by Mr. Sullivan, the Board voted to continue this hearing so further imput from. the State could be reviewed and the Board would have time to look at the old decision.(ln favor; Sullivan. Nickerson, and Vivenzio against; -Frizelle and O'Connor) Donald Johnston Variance - 1717 'turnpike Street Legal notice read by Mr. Nickerson. Attorney David Bain spoke for the petitioner-. He showed the Board plans of the land and the building. The basic problem if the size, shape and topography of the lot. The 100' front setback is the worst problem. They have enough parking. The conditions of this lot constitute a-severe hardship as defined by Massachusetts General_ Laws, Chapter 40A, Section' 10.The proposed building is of a, size and design appropriate for such' a lot as evidenced by the fact that only 167 of the lot is devoted to it. The petitioner feels that this type of building would fit nicely in the neighborhood and would be a contributing factor to the Town. The petitioner has tried to buy a strip of land adjoining their land but the owner would not sell it. Mr. Serio questioned the setback amounts, and Attorney Bain stated that the building would only take up 167 of the lot. Mr. Nickerson and Mr. Rissin asked what is behind this lot, and Attorney Bain said some is State land and same resldentinl , he thinks but do not feel anyone ,could develop this land in the back. Attorney Bain said this is a GB zone. Mr. Frizelle said that the location is 300' from Boston Road and near Berry Street. Mr. Serio asked if anyone was in favor of this petition? A resident of Sullivan Street stated that he thought it would be a good idea to have a convenience store in the neighbor- hood. The small deli that was on Route 114 has closed and one is needed. Ms. Nutter, daughter of the peitioner spoke and said it would be a family operation. Attorney Bain stressed the fact that if this is granted, it would be the right way to use this particular lot and the Town would have a nice building and improve the site. Mr. Serio asked if anyone was opposed to this petition? Officer Dave Rand spoke said that Route 114 is; a traffic problem. He asked what curb cuts would be needed and Mr. Serio said that curb cuts come from the State and that is the Planning Board' s problem to solve. Johnston - con'd Page 6 Officer Rand stressed that they need a complete land leading into the parking spaces- `r,. ` and need agress and egress lanes for safety purposes. Attorney Bain said that he will go to Mr. DeAngelo at District 5 to see what is needed and try to comply. Officer Rand said that every time a small business opened up on Route 114, the traffic is tied up for a long time and it is very hazardous for this area so we need an egress and agress for this property. Upon a motion made by Mr. Firzelle and seconded by Mr. Nickerson, the Board voted to take this matter UNDER ADVISEMTNT. (Serio, Frizelle, Nickerson, Sullivan and Soule) CONTINUEDPUBLIC HEARINGS Ronald A. Merino - Variance 164 Sutton St. Mr. Nicetta, Building Inspector„ spoke and stated that the area was alright with him. The parking spaces shown on the original ones and Scott Stockings's refigured the site plan and they reduced the parking spaces to five (5) Mr. Nicetta looked at the letter of Scott's and could not find anything about five (5) spaces. Mr. N.icetta's main concern is with the amount of traffic in this spot. He said they are so busy at the Salem, N.H. store, that the traffic is lined up waiting to get in. His other concern is coming out on Ashland Street from the site. The Police• Department stressed that with a Sutton Street entrance, it would be very hazardous because of the right-turn only on Sutton Street. Officer Rand stated that Sutton Street is the entrance and exit to downtown North Andover and has a lot oftraffic and one more thing to impact this area is one thing too many. He stressed that the right-turn only on Sutton Street to Main Street is needed and do not feel that more traffic could be handled. People would go across the tracks on Ashland Street when heading for Lawrence.,- Chris Huntress, Environmental Planner, said he spoke to Scott Stocking, Planner, about the site and did not hear him say anything about five (5) parking spaces. He feels that itis a traffic hazard. Mr. Serio asked if anyone was in favor or opposed to this petition, Mr. Merino showed the original plans to the Board. lie seeks relief from I1-4 zone for glass co and R-4 zone for street. He said he can show why it went from 11 spaces to 5. Have 36 areas and it takes 10 minutes to do a lube. The hours they would beopenwould not conflict with the major traffic. A traffic study was done and was not required and it stated that the egress and entrance shown area the best for this site. They have addressed' every issue that the Town has requested and do not fell that 50-60 more cars a day will affect the traffic flow that much. The zoning is correct for this, but need relief because of the land shape. Claims that Mr. DeAngelo said that the number of cars involved would not overload the area Friday and Saturday are the busiest days of the week with about 60 cars serviced. Officer, Rand said that he had seen the ad on TV for this kind of lube job and it seems wrong because of the traffice impact on the Town. It is a dangerous spot. Mr. Merino sais that most people get an oil change while they are out doing something else. We are not trying to create a destination location but need to be near the center of the Town. Officer Fusso said that on his visit to the Methuen location, there were 24 cars in front of the site waiting for service and North Andover could mot ''handle this. Letter from N. A. Fire Department read by:Mr. Nickerson (see file) . Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted, unanimously, to take this matter UNDER ADVISEMENT. (Serio, Nickerson, rrizelle, Soule and Sullivan) . DECISIONS Antonio & Francisco Nicolosi - Special Permit - 242 Sutton Street Upon a motion made by Mr. Frizelle and seconded by Mr. Rissin, the Board voted, unanimously, to allow the petitioner to WITHDRAW THE VARIANCE WITHOUT PREJUDICE and f '•' . +.i be ilk,} � '"o the (Notice :i. teas br NOfli 'I 1'i��"'lFR +s Office of the Town ► SAc„.u5�4 01 S TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION mall Johnston Boston St. Date . . May .llT 1989 Andover, MA 01845 Petition No.. . . . 44.-89 . . . . . . . . . . . . Date of Hearing. . . APril. 11.,. :1989 RECONSIDERATION: May 9, 1989 Petition of . . Dona 4.j9hn40n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . .1.717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . Section. 7.,. Paragraph .7".1.. 7..a .and.Table .2:of. .the .Zoning .Bylaw. . . . . . . . . . . . . . . . . . 00 as to permit —relief–of .square .footage. .of .lot.,.-.frou :-se.tback. and .rear. se.t.back. ._%. order .for,. construction .of.building.. . . . . . . . . . . . . . . : . After a public hearing given on the above date, the Board of Appeals voted to .CRANf. . . the ,ar ances as requested . and hereby authorize the Building Inspector to issue a permit to . . . . . Donald- Johnston. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1. Only one way in and out of the site. 2. The State agrees to this one way in and out. 3. The Board of Appeals see the revised plans and approve of same before the building permit is issued. 4. Plans be submitted for site review. . SignedI William, su1_liva;i,. Acting. Clia.trman Au.gustine, N.ickerson.,. .41erk. .(.O,PPOSED) Wal.tec. Soule . . . . . . . . . . . . . . . . . . . Anna .O:Connor . . . . . . . . . . . . . Louis. Riss.in . . . . . . . . . . . . . . . Board of Appeals be filed aftpr the 'I of this Notice ,oEM f Er' in the Office of the Town 3 brltEtE � i In��Fi Clerk. t.`, 111". l v t, 0 S. •t 1p,��{Y ` t2 +ACNO`S-f ,{1" TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Donald Johnston * RECUNS1UE1ilt'FiON 114 Boston Street * Petition: #44-89N. Andover, MA 01845 * **************************** DECISION The Board of Appeals held a public hearing on Tuesday evening, March 14 , 1989 and April 11, 1989 upon the application of Donald Johnston requesting a variance from the requirements of Section 7, Paragraph 7.1, 7. 3 and Table 2 of the Zoning Bylaw so as to permit relief of square footage of lot, front setback and rear setback in order for construction of building on the premises located at 1717 Turnpike Street. Upon a motion made by Mr. Soule and seconded by Mr. Frizelle, the Board voted to grant the variances subjeet to several conditions, but the vote for this was three in favor and two opposed, so the petition was denied. A letter was received from Attorney David Bain requesting a reconsideration of this petition duetothe fact that he had received at copy of a letter from the Massachusetts . Department of. Public Works the day after the Board of Appeals meeting. This letter had -pertinent information concerning this petition "that Attorney Bain felt a reconsideration of this application should beheld. Attorney Bain's request was received within the ten (10) day appeal period, therefore, the reconsideration was scheduled for the regular meeting on May 9,1989. The Boardvoted, unanimously, to reconsider this application. Upon a motion made by Ms. O'Connor and seconded by Mr. Soule, the Board voted to GRANT the variances subject to the following conditions:, . 1. Only one way in and out of the site. 2., The State agrees to this one way in and out. 3. The Board of Appeals see the revised plans and approve of same before the building permit is issued. 4. Plans be submitted for site review. The vote was as follows: In favor: Mr. Sullivan, Mr. Soule, Ms. O'Connor & Mr. Rissln Opposed: Mr. Nickerson therefore, the petition was GRANTED. The Board finds that the petitioner has satisfied the provisions of Section 10, Para- graph 10.4 of, the Zoning Bylaw and the granting of this variance will not derogate from the intent and purposes of the Zoning Bylaw and will not adversely affect the neighborhood Dated this 11th day of May, 1989. BOARD OF (APPEALS /awt William 'ullivan RECONSIDERATION Page 5 Donald Johnson Variances - 1717 Turnpike Street Attorney Bain spoke for the petitioner. The letter sent to the ZBA from the MA DPW was received the day after the April meeting, a copy was forwarded to Attorney Bain who requested a reconsideration because of additional information contained in the MA DPW letter. Attorney Bain stated that the petitioner would have no problem meeting the conditions of the DPW. He stated that the land behind and on the side is not for sale. He feels that this would be a valuable addition to the area and a convenience for the people in the area. This project should not cause a traffic problem, because it will only be one or two cars at a time. The petitioner requests that the vote be recinded. Mr. Sullivan asked if any of the Board would like to discuss this request and Mr. Nickerson said that he had read the letter and is con- cerned about the setback from the road to the building. He feels that there has not been any changes in the setback. Attorney Bain stated that this is the only lot in the zone and it is a small one and should be used for a good purpose. They cannot go back any further because the abutter does not want to sell the land. They have tried to buy it but to no avail. Mr. Soule stated that he sees nothing wrong with the petition as it is. Mr. Sullivan said that the Town Meeting seems to have been more liberal with this kind of area and seems more favorable for business along Route 114. Mr. Nickerson stressed that it is the only area in town that we can put business. When asked, Attorney Bain said that the land behind is zoned either VR or R and the other land' is owned by the Comm. of MA. Mr. Soule said that there isn' t much that could go in there except something like this and cannot vision what else could go in there. Attorney Bain said that the area in the back is over 10 acres and may ,never be used. Mr. Nicetta seemed to think that this would have to go for a site plan review. The Board voted', unanimously, for a reconsideration on this petition, and removed the second. Upon a motion made by Ms. O'Connor and seconded' by Mr. Soule, the Board voted to GRANT the variances subject to the following conditions: 1 Only one way in_and out of this site. 2. The State agrees to thisoneway in and out. 3. The Board of Appeals see the revised' plans and approve of same before the building permit is issued. 4. Plans be submitted for site review. The vote was as follows: In favor, Sullivan, Soule, O'Connor, Rissin Opposed, Nickerson therefore, the petition was GRANTED. CONTINUED PUBLIC HEARING Robert J. Batal Bldrs. - Boston Hill Variances Route 114, Turnpike St. Mr. Batal spoke and reviewed- the requests wanted. Mrs. B. Pink spoke stating that her major concern was the number of variances need-ed The hardship she does not feel is a legal hardship. The pond area in the front appears to extend into the area that she feels the State would want to have for a deceleration land and it should be moved back. Mr. Batal said that the wet pond is original and feel they are still in the right-of-way. A plan has been filed with the State and the NACC and Planning Board. Mr. Sullivan stated that we do not have to deal with this because the State and other Boards will be handling this matter. Mr. Batal said the reason for these plans being this way is that the road coming up this way makes it less hilly. He said the reason for keeping the buildings closer is so they do not have to take out as many trees. The height requirements changed at the 'town Meeting but would not apply because this peition was in front of the Board prior to the new bylaw. If the zoning code is better than the building code, the zoning code would take effect. t: Received by Town Clerk : it 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 beep made upon the same. 2 . - The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G.L . c. 41 , 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 : 1 I