HomeMy WebLinkAboutLUPOLI, SALVATORE p
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NOV 1 11 56 AN '94
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Any appeal shall be filed
within (20) days after the BOARD OF APPEALS
date of fl"ng of t its Notice
in the Office of the Town NOTICE OF DECISION
Clerk.
Date . November. 15, 1994
Petition No.. . .!052-94
6ctober *I1, 1994 and
Date of Hearing. ,November 8, 1994
Petition of . . .SALVATORE LUPOLI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . .476. . . . CHI. . . . .CKERING. . . . . . . ROAD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of W.Section 7,. . . . .
Paragraph 7.3, Table 2 of the Zoning.Bylay .§q.as to permit a front line variance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
of 14.1' and a sideline variance of 16.2' of the dimensional setback requirements
s6YJyM&-11A on the premi.ses.located ,at. 476 Chickering.Road,.. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .GW. T. . . . . the
VARIANCE . . . . . . . . . . . . . . . I . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to . . . .Salvatore.Lupo.li. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
SEE CONDITIONS ATTACHED HERETO AND MADE A PART HEREOF
Signed
r
WilliamfiSullivan, Chairman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Walter Soule, Vice Chairman
Raymond Vivenzio, Clerk
. . . . . . . . . . . . . . . . . . . .
Scott Karpinski
. . . . . . . . I . . . . . . . . . . .
Board of Appeals
v
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CONDITIONS TO VARIANCE Petition No. 052-94
1. The parking space shall be identified by a sign containing
the "International Symbol of Accessibility" and must be mounted
on a pole not less than five (5) feet, nor more than eight (8)
feet to the top of the sign;
2 . Locate one (1) 13 FT. X 20 FT. handicap parking space in
front with necessary painted" symbols as shown on the following
drawing: Site Plan: Land located in North Andover, Mass.
Prepared for: Salvatore Lupoli
Prepared by: Meridian Engineering Collaborative, Inc.
Dated: July 8, 1990, Revised 8/24/94 and
10/14/94 ; and
3 . Place a minimum of three (3) 4" bollards in front of
handicap parking space in order to prevent blocking of vestibule
entry door.
The Board finds that the petitioner has satisfied the provisions
of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this
variance may be granted without substantial detriment to the
public good and without nullifying or substantially derogating
from the intent or purpose of the Zoning Bylaw.
i
NORTiy j°.
p A
ZNov 15 11 56 AR 34
'1 DAA TED PPP`y�
Any appeal shall be filed �SSAOHUS��
within (20) days after the
date of i' ng of this Notice TOWN OF NORTH ANDOVER
in the Office of the Town MASSACHUSETTS
Clerk,
BOARD OF APPEALS
*
Salvatore Lupoli * DECISION
476 Chickering Road * Petition #052-94
North Andover, MA
*
The Board of Appeals held a regular meeting on Tuesday evening
October 11, 1994 continued to November 8, 1994 upon the
application of Salvatore Lupoli requesting a VARIATION of Section
7, Paragraph 7. 3, Table 2 of the Zoning Bylaw so as to permit a
front line variance of 14. 1' and a sideline variance of 16.2 ' of
the dimensional setback requirements on the premises located at
476 Chickering oRoad. The following members were present and
voting: William J. Sullivan, Walter Soule, Raymond Vivenzio,
Scott Karpinski. The hearing was advertised in the North Andover
Citizen on September 21 & 28, 1994 and all abutters were notified
by regular mail.
Upon a Motion by Mr. Soule and seconded by Mr. Vivenzio, the
Board voted unanimously to GRANT the VARIANCE as requested with
the following conditions:
1. The parking space shall be identified by a sign containing
the "International Symbol of Accessibility" and must be mounted
on a pole not less than five (5) feet, nor more than eight (8)
feet to the top of the sign;
2 . Locate one (1) 13 FT. X 20 FT. handicap parking space in
front with necessary painted symbols as shown on the following
drawing: Site Plan: Land located in North Andover, Mass.
Prepared for: Salvatore Lupoli
Prepared by: Meridian Engineering Collaborative, Inc.
Dated: July 8, 1990, Revised 8/24/94 and
10/14/94; and
3 . Place a minimum of three (3) 4" bollards in front of
handicap parking space in order to prevent blocking of vestibule
entry door.
The Board finds that the petitioner has satisfied the provisions
of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this
variance may be granted without substantial detriment to the
public good and without nullifying or substantially derogating
from the intent or purpose of the Zoning Bylaw.
Dated this 15th day of November, 1994
BOARD OF APPEALS
0l
William J. S 13van, Chairman .
y
RECEIVED
JQYCE
BRA SHAW
Received by Town Cleric: NOR H aN CLERK
OOVER
TOWN OF NORTH ANDOVER MASSACHUSETTS -9 p 0,01
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE �i
ZONINGORDINANCE
Applicant Salvatore Lupoli Address c/o Robert W. Lavoie,
Devine, Millimet & Branch, 12 Essex St. Tel. No. 978-475-9100
Andover, MA 01810 _. Paragraphs
1. Applicant is hereby made: 7.1
7.2
a) For a variance from the requirements of Section 7 7.3
Rwqpapik and Table Z of the Zonin,Bylaws.
and Section 8, Paragraph 8.4, Subsections 1, 2 & 3.
b) For a Special Permit under Section 9 Para_raph 9.2
of the Zonina Bvlaws
C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other
authorirv. y
2. a) Premises affected are land . and buildings)
numbered 478 Chickering Roadg
b) Premises affected area property with frontage on the North( ) South O East ( ) West i�-)
side of Chickering Road and the East side of Main Street Skxik
C) Premises affected are in Zoning DistrictGB and the premises affected have an
area of 7239 square feet and frontage of 120 feet. on Chickering Road
and 97.98 feet on Main Street
3. Ownership:
a) Name and address of owner(if joint ownership, give all names):
James J. Nassar, Jr. , 26 Hunters Run Place, Haverhill, MA 01832
Date of Purchase 1/3/83 Previous Owner Martin R. Taylor
b) 1. If applicant is not owner, check his/her interest in premises:
X Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5 of 8
t
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4.Size of proposed building -Approx. 30 feet front; Approx. 30 feet deep;
Height 1 stories; less than 30 feet.
a) Approximate date of erection of existing building: 1965
b) Occupancy or use of each floor: Preparation and sale of food products for consumption
off site
C) Tvpe of construction wood frame
5. Has there been a previous appeal, under zoning, on these premises? No When
6. Description of relief sought on this petition all zoning relief necessary to replace existing
building with new 1783 s.f. one story building with 9 parking spaces
7. Deed recorded in the Registry of Deeds in Book ble. 1634 Page X310
Land Court Certificate No. Book Pave
The principal points upon which I base my application are follows: (must be stated in detail)
See Attached Sheet A
I agree to pay the filing fee, advertising in newspaper, and incidental expenses*
i of Petitioner s
6 of 8
WORK SHEET
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: GB (General Business)
Proposed or
Required Setback Existin`, Setback Relief
or Area or Area Requested
Lot Dimension 25,000 s.f. 7239 s.f. 17,761 s.f.
Area
Street Fronta-ae 125 . 120' on Chickering Rd 5 feet
97.98' on Main Street 27.02 feet
Front Setback (s) 25 5 ' on Chickering Road 20 feet
40' on Main Street 0 feet
Side Setback (s) Corner Lot: 2 Rear Yards
5' Parallel to Chickering Rd 30 feet
Rear Setback(S) 35 4' Parallel to Main Street 31 feet
AND all such zoning relief necessary under Section 7 and 8 or otherwise to allow the
Construction of the proposed 1783 s.f. Building and 9 Parking Spaces as shown on the
&A=iAkRAaqucst attached plans including a variance of Section 8.4 - Screening
and landscaping requirements for off street parking lots. Sub sections 1, 2 & 3.
Special Permit Request: A Special Permit under Section 9, Paragraph 9.2 to allow the
extension and alteration and replacement of the legally pre-existing non-conforming
building on this undersized lot existing prior to May 8, 1961 (as shown on Essex
North District Registry of Deeds Plan Number 4294) , said lot being less than the minimum
lot size and having less frontage than currently required; the Special Permit is being
requested to construct the proposed 1783 s.f. building with 9 parking spaces as shown
on the attached plans.
7 of8
TOWN OF NORTH ANDOVER
LIST OF PARTIES OF INTEREST- MOO OF
SUBJECT PROPERTY
MAP ti NAME ADDRESS
2 James J. Nassar 26 Hunters Run Place, Haverhill, MA 0183Z
ABUTTQRS:
11 71 1 26 IDorothy E. Arsenault, Trustee P.O. Box 296, Da s, T2 7522T
c/o Mobil Administrative Service
2 71 24 Barry A. Brodette 26 Allen Street, North Andover, MA 01845
Rosemary J. Bro etre
31 71 25 Salvatore N. Lupoli 4 Forest Street, Chelmsford, MA �T824`
c o as upo
4 71 30 Rita S. Minicucci 522 main street, Nortff Andover,
5 71 38 Local Union 2321 Building Corp. 483 Chickering Road, ort over, MA UL64t
6 71 44 Rita S. Minicucci 522 Man Street, North Andover, 14A OIB45
7 71 43 Warren F. Kelley 41 -Park Street, North Andover, HE UldC)
Josephine Kelley
8 71 39 Mary Cushing 524 MainStreet, North Andover, MA 01845
9 71 28 Keven M. Feunessy 47 ParkStreet, Worth Andover, MX TL845
Nancy S. Fennessy
10 71 q=
41 Veterns of Foreign Wars NA Post ZL04 JZ Parkstreet, or ov , PM 0t8 5
Building Corporation, Inc.
11 71 33 Essex Realty Trust 231 Sutton Street, North Andover, MA 01845
Louis P. Minicucci, r. , rustee
12 71 3 George H. Schruender 79 Chickering a , North Andover, NA 0115CP
1371- 2 Robert A. Dionne 6 Allen.Street, North Andover, ME UI845
Frances M. Dionne
14 Ti- 12 Thomas G. Regan 39 Franklin Street, North Andover, MA U1
Suzanne F. Regan
15 57 7 Michael Pietrows i - 460 Main Street, North over,
MA 01843—
Kimberly A. Pietrows i
16 57 8 Arthur W. Shedd 470 Main Street,. North Andover, MA Uldkto
Marjorie J. Shedd
7 57 13 Town of North Andover 120 Main Street, North Andover,
g 57 17 Town of North Andover Man trees, ort over, MA 01845
9 57 22 Town of North Andover, 12U Main Street, North Andover,
IS CERT IES ONLY THAT ON THIS LIST OF NAMES&ADDRESSES OF PARTIES OF
�TERESTJWAS PREPAR D Y THE PP !CANT FROM THE RECORDS OF THE ASSESSORS OFFICE.
kSSESSOFjtj OFFICE
ATTACHED SHEET A
478 Chickering Road(corner of Main Street)
PRINCIPAL POINTS UPON WHICH APPLICATION IS BASED:
1. This property is the site of the former Dairy Queen ice cream shop,which has since been
converted to a office and consumer service facility, last being used some years ago as hair
dressing salon.
2. The size, structure and location of the existing building(which was built in 1965)on the lot
is not conducive to current commercial uses as evidenced by the prolonged vacancy.
3. Applicant is the owner of the adjacent building(Sal's Pizza),and substantially rehabilitated
the greater part of this"island"formed by the intersection of three streets,namely Chickering
Road(Rt. 125),Park Street and Main Street.
4. Applicant proposes to complete the process of rehabilitating the appearance of this gateway
"island"by demolishing the existing two story dutch colonial design building and replacing
the same with a one story building, compatible in architecture to the building which
Applicant placed on the adjacent property some years ago (Sal's Pizza).
5. As can be seen from the enclosed Plans,the Applicant's lot places a hardship on Applicant
owing to circumstances relating to the soil conditions,shape and topography ofthe lot,which
especially affect the Applicant's lot but which does not generally affect the Zoning District
in which Applicant's lot is located.
6. A literal enforcement of the provisions of the Zoning By-Law would involve a substantial
hardship,financial and otherwise to the Applicant,which hardship(as noted above)is owing
to circumstances relating to the soil conditions, shape or topography of the Property which
especially affects the Property but does not generally affect the Zoning District in which the
Property is located. The relief requested is desirable,in that it will provide screening to and
will keep neighborhood children off of the streets by having a safe area to play, all without
substantial detriment to the public good, and without nullifying or substantially derogating
from the intent or purpose of the Zoning By-Law.
7. With respect to the Special Permit Request,the proposed Building will not be unreasonably
detrimental to the established or future character of the neighborhood and town;granting the
Special Permit will be in harmony with the general purpose and intent of the Zoning By-Law.
Municipal utilities and public highways are adequate and accessible. The effect on the
amenity of the neighborhood will not be detrimental.
G:\REAL-ESIIZONING\salsnassar.doe
09/13/99 MON 14:11 FAX 9786884670 pp1
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3io 1, Martin R. Taylor
New Hamriahir
of Salem, Rockingham LrouatgA*&U=dCzM4
in aaanideratiou of
I m _ _
r
+� --one Fundred 'ehirty Thousand Dollars(�130,000.00)----------
U
7' .I sot to James J. !Vassar, Jr.
!: w
i b
E of 57 Old Village zancr Mgrth Andover, l�esachuaetta_
H wish tlrttfClhtat rabtttntt2s j
7' } tha land in north Andover, with all the buildings thereon+ situated 4it
o the intersection of Main Street and Chickering Road, and bounded
ana described as follows:
1 , .I
zaeginning at a ettld at the northeast corner of the intersection
of said Main Street and Chickering Road; thence running northeaster3y
by said Chickering Road one: hundred twenty (120.00) foot to a studs
i. thence turning and running northwesterly by land now or formerly of
'(.;. T Minicucci sixty-seven (67.00) feet to a stud; thence turning and
c running snu-hhwostorly by land now or formerly of Minicucci
sixty-seven and 86/100 (67.86) feet to a stud at Main street; thence
t2 turning and running aouthda3terly by said Main Street ninety-50vt+ri
and 98/100 (97.98) feet to the point of b-:gi.nning.
f Containing 7239 square feet of land, more or less, as shown prt !+
a Plan of Land in *forth Andover, Mas5., awned by Gene A. 6 Edith R. 4
Minicucci, dated May 8, 1961, and drawn by Ralph B. BraSteur, C. E.
i being recorded in the North District of ESScx Registry of Deeds as
~{
r;a Plan No. 4294,
_I m
j tieing the same nremises conveyed to me by deed of Fred Fisikell
U dated May 1, 19€9, and recorded in the said Registry of Deeds,
Book 1129, Page 498_
44
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"r third d, of -January lg 83
t Executed as a sssled instrument this y l
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the 01ummattlataR4 of �&63A 4nsefis
January 3, l9 9 3
Essex ..
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-nCA perwwlly appcn'W the above nomad Martin R. Taylor
F'• ! rod -kauwl.dged 0- for-,j-;-s 6verurne..r to 6e h $ freed and dae4.
�iji : �� '����� ,. 7tdt>erfasa¢ftO4.tltAR c
My cow+ci;..:oo expires Januzx7 17,10 $5
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seeoxded an 3,1983 at s-•5iIPM
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Mar-08-00 09 : 25 North Andover Com. Dev. 508 688 9542 P .01
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?=•,"" ' "Q� Zoning Bylaw Review Form
Town Of North Andover Building Department
27 Charles St. North Andover MA. 01845
yss"`"°Sty Phone 978-688-9545 Fax 978-6889542
Street: 478 Chickering Rd
Ma /Lot: 71 /27
Applicant: Sal Lupoli
Request: New construction at 478 Chickering Rd.
Date: 3/3/00
Please be advised that after review of your Building Permit Application and Plans that
your Application is DENIED for the following Zoning Bylaw reasons:
Zoning
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient Yes 1 Frontage Insufficient Yes
2 Lot Area Preexisting Yes 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage Yes
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed Yes G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient Yes 2 1 Complies Yes
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient Yes l Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies Yes
D Watershed 3 Coverage Preexisting
1 Not in Watershed Yes 4 Insufficient Information
2 In Watershed j Sign
3 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies Yes
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required 1 More,Parking Required
2 Not in district Yes 2 Parking Complies Yes
3 Insufficient Information
Romefor the above is checked below.
Item # Special Permits Planning Board Item # variance
Yes Site Plan Review Special Permit C-7 Setback Variance's
Access other than Frontage Special Permit Parking Variance
Fronts a Exception Lot Special Permit A 1&2 Lot Area Variance
Common Driveway Special Permit Height Variance
Con re ate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZEA
Lar a Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District Special Permit Special Permit Use not Listed but Similar
Planned Residential Special Permit Special Permit for Sinn
R-B Density Special Permit A 1&2 Other special permit non-conforming lot
size
Watershed Special Permit Supply Additional Information
The above review and attached explanation of such is based on the plans and information submitted. No definitive review and
or advice shall be based on vernal explanations by the applicant nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading Information,or other subsequent
changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the
Building Department. The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein
by reference. The building department will retain all pians and documentation for the above file.You must file a new building
permit applicat' form dint pertnitting process.
C_ CA-149 6t c�/7 Id 0
wilding Department Official Signature Appli on eceived Ap t Denied
Denial Sent: �/�'/a o" If Faxed Phone Number/Date:_ 9 7p'1174
Mar-08-00 09 . 18 North Andover Com. Dev . 508 688 9542 P _01
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the building
permit for the property indicated on the reverse side:
Item Rte: i 1a1
Section 7& 7.1 - Lot area insufficient
Table 2
Section 7 & 7.2 - Street frontage insufficient (corner lot)
Table 2
Section 7 & 7.3 -Front and rear setbacks insufficient(corner lot)
Table 2
Section 9 Special permit for extension/alteration of pre-existing non-conforming lot size.
Section 8 8.4 —Screening and landscaping requirements for off street parking lots.
Sub sections 1, 2, & 3.
Post-Its Fax Note 7671 Date 3/' Pages►
To 1 !27Di- From JLQ1L�
CoMept. Co. x .4
Phone# Phone
Fax# Fax#
Referred To:
Fire Health
Police Zoning Board
Conservation Department of Public Works
Planning Historical Commission
Other BUILDING DEPT
Zoni ngBylawDenia12000
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TFMORAN INC.
48 Constitution Drive,Bedford,NH 03110 i603i 472-4488 Fax(603)472 9747
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Received by Town Clerk: 14ORT"
TOWN OF NORTH ANDOVER, MAS&C S -pe S
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant SP6w#4m7W.�� Address X76 C�ccKre. �2.��
+rel: p ati.. Tel. No. k Q_c- 7374
1. Application is hereby made:
a) For a variance from the requirements of Section 7
Paragraph 7 . 3 and Table 2- of the Zoning Bylaws.
b) For a special Permit under Section 7 Paragraph 7. 3
of the Zoning Bylaws.
C) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected- are land and building(s)
numbered `f 7L c_4;c.,La&& . LftL& Street.
b) Premises affected are property with frontage on the
North (' ) South ( ) East (/) West ( ) side of y11.
Street.
Street, end known as No. 14110 cX t'-& tY L64D
Street.
C) Premises affected are in Zoning District (t'G_, and the
premises affected have an area of VTOO square feet
and frontage of -10 feet.
3 . Ownership:
a) Name and address of owner (if joint ownership, give all
names) :
1 t eQr3T' S�- Gbr�l}S�rr2D ./Y alee�
Date of PurchasePrevious Owner 7a-r Zp.rpy-kn
b) 1. If applicant is not owner, check his/her interest
in the premises:
Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit
required.
4 . Size of proposed building: front; feet deep;
Height stories; feet. JE ST 161 k
a) Approximate date of erection: hl&,Ap
b) Occupancy or use of each floor: - N�fk
C) Type of construction: QkiS
r
5 . Has there been a previous appeal, under zoning, on these
premises? Nv If so, when?
6. Description of relief sought on this petition Var:&, l ��cr►,?"
7 . Deed recorded in the Registry of Deeds in Book Page _
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
spa 34=VIAvgS.i bald 1
I agree y t filing fee, advertising in newspaper, and
inci ses*
Sign to e of Petitioner (s)
cation for action by the Board shall be made on a form
proved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication purporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be furnished
by the applicant in the manner therein prescribed.
Every application shall be submitted with a list of "Parties of
Interest" which list shall include . the petitioner, abutters,
owners of land directly opposite on any public or private street
or way, and abutters to the abutters within three hundred feet
( 300 ' ) of the property line of the petitioner 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 city or town, and the Planning Board of
every abutting city or town.
*Every application shall be submitted with an application charge
cost in the amount of $25. 00. In addition, the petitioner shall
be responsible for any and all costs involved in bringing the
petition before the Board. Such costs shall include mailing and
publication, but are not necessarily limited to these.
Every application shall be submitted with a plan of land approved
a No petition will be brought before the Board
b the Board. 5
Y P
unless said plan has been submitted. Copies of the Board ' s
requirements regarding plans are attached hereto or are available
from the Board of Appeals upon request.
Rev. 4/93
LIST OF PARTIES OF INTEREST
_SUBJECT PROPERTY
AP ?A;C=-_ LOT NAME iADDRESS
'1
75' 5AIU4rW LWc*)ti
IU iclv\A\, lv Pot;
AEU i -ERS
a- LOT NAME ADDRES
39 locwl ;�w
110
1—. 12
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aORTI{ "
KAREN H.P.NELSON
Director Town Of 120 Main Street, 01845
BUILDING
NORTH ANDOVER (508) 682-6483
@sACHU�
CONSERVATION DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
PLANNING BOARD
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Notice of Modification of Special Permit
At a regularly scheduled meeting of the Planning Board of the
Town of North Andover, Massachusetts, duly posted, and held on
January 18, 1994, the North Andover Planning Board voted
unanimously to grant a modification of the Special Permit issued
to Salvatore Lupoli, 476 Chickering Road for the renovation of an
existing building and associated parking. The Notice of Decision
is dated October 11, 1991 and recorded with the Essex North
Registry of Deeds at Book 3374 Page too The Special Permit
is hereby modified as follows:
1. A handicapped access ramp must be provided for all
businesses located at 490 Main Street (Barbershop) .
2 . One handicapped parking space must be delineated in the
parking lot at 490 Main Street and one at 476 Chickering
Road. These handicapped parking spaces must be painted on
the pavement with the handicapped symbol inside and must be
located in the space closest to the entrance.
3. The "no exit" sign requirement is eliminated, thereby
allowing access from the parking lot onto Main Street. '/
Signed as a sealed instrument this f St day of FeiruarV _199X
North Andover Planning Board -�
By: �- J
Richard ardella, Chairman
Commonwealth of Massachusetts
ESSEX, SS Feb 4 , 199X�
Then personally appeared the above named Richard A.
NArdella Chairman of the North Andover Planning Board and
acknowledged the foregoing instrument to be his free act and deed
and the free act and deed of the North Andover Planning Board,
before me,
Notary Public 34OJ6r 4-
My
My Commission Expires:
Sept 9 , Ici9y -
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'CH Nov 15 11 56 AR
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Any appeal shall be filed
Within (20) days after the BOARD OF APPEALS
date of firing of this Notice
in the Office of the Town NOTICE OF DECISION
Clerk.
Date , November 15, 1994
Petition No.. . 052-94
October 11, 1994 and
Date of Hearing.November .8,_ 1994
Petition of . . . . . . .SALVATORE. . . . . . . . . . .LUPOLI. . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . .476 Chickering Road
SPECIAL PERMIT under
Referring to the above petition for a 410VAM 'i . .Section,9,, ,
Paragraph 9.2 (1) of the Zoning Bylaws so ,as.to, permit .the. extension. and, . . . . , .
sjYajY &1M alterat.ion .of. a. non-coufarmiug. structure. om .the .premises. . . . . . .
at 476 Chickering Road.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RAN
After a public hearing given on the above date, the Board of Appeals voted to . GT. . . . . the
SPECIAL PERMIT
. . . . and hereby authorize the Building Inspector to issue 'a
pelt Salvatore Lupoli
for the construction of the above work, based upon the following conditions:
SEE CONDITIONS ATTACHED HERETO AND MADE A PART HEREOF.
Signed
William J. Sullivatr, Chairman �'
Walter Soule, Vice Chairman
Raymond. Vivenzio, Clerk.•.
Scott Karpinski
. . . . . . . . . . . . . . . . . .
Board of Appy
CONDITIONS TO SPECIAL PERMIT Petition No. 052-94
1. The parking space shall be identified by a sign containing
the "International Symbol of Accessibility" and must be mounted
on a pole not less than five (5) feet, nor more than eight (8)
feet to the top of the sign;
2 . Locate one (1) 13 FT. X 20 FT. handicap parking space in
front with necessary painted symbols as shown on the following
drawing: Site Plan: Land located in North Andover, Mass.
Prepared for: Salvatore Lupoli
Prepared by: Meridian Engineering Collaborative, Inc.
Dated: July 8, 1990, Revised 8/24/94 and
10/14/94 and
3 . Place a minimum of three (3) 4" bollards in front of
handicap parking space in order to prevent blocking of vestibule
entry door.
The Board finds that the applicant has satisfied the provisions
of Section 9, Paragraph 9. 1 of the Zoning Bylaw and that such
change, extension or alteration shall not be substantially more
detrimental than the existing non-conforming structure to the
neighborhood.
J0%,
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T^
NOV 15 11 56 AN
Any appeal shall be filed
within (20) days after the 3 CHUG
I - cf tilis Notice�
fi
Gate Of 7;i_19 TOWN OF NORTH ANDOVER
the office of the Town
MASSACHUSETTS
BOARD OF APPEALS
Salvatore Lupoli DECISION
476 Chickering Road Petition #052-94
North Andover, MA 01845
The Board of Appeals held a regular meeting on Tuesday evening
October 11, 1994 continued to November 8, 1994 upon the
application of Salvatore Lupoli requesting a SPECIAL PERMIT under
Section 9, Paragraph 9.2 (1) of the Zoning Bylaws so as to permit
the extension and alteration of a non-conforming structure on the
premises, located at 476 Chickering Road. The following members
were present and voting: William J. Sullivan, Walter Soule,
Raymond Vivenzio, Scott Karpinski. The hearing was advertised in
the North Andover Citizen on September 21 & 28, 1994 and all
abutters were notified by regular mail.
Upon a Motion by Mr. Soule and seconded by Mr. Vivenzio, the
Board voted unanimously to GRANT the SPECIAL PERMIT as requested
with the following conditions:
1. The parking space shall be identified by a sign containing
the "International Symbol of Accessibility" and must be mounted
on a pole not less than five (5) feet, nor more than eight (8)
feet to the top of the sign;
2 . Locate one (1) 13 FT. X 20 FT. handicap parking space in
front with necessary painted symbols as shown on the following
drawing: Site Plan: Land located in North Andover, Mass.
Prepared for: Salvatore Lupoli
Prepared by: Meridian Engineering Collaborative, Inc.
Dated: July 8, 1990, Revised 8/24/94 and
10/14/94; and
3 . Place a minimum of three (3) 411 bollards in front of
handicap parking space in order to prevent blocking of vestibule
entry door.
4
The Board finds that the applicant has satisfied the provisions
of Section 9, Paragraph 9. 1 of the Zoning Bylaw and that such
change, extension or alteration shall not be substantially more
detrimental than the existing non-conforming structure to the
neighborhood.
Dated this 15th day of November, 1994.
BOARD OF APPEALS
r
William J. S 1 van, Chairman -
MW
RE( Z. �T
JOYCE RRAQ!IH AW
TOWN CLERK
NORTH NORTH ANDOVER
f 6 0 9ti
NOV ZG 1106 AN '96
QDAITE
SSACHUSE
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Any Appeal shalt be filed
within (20) days after the
date of filing this notice in
the Office of the Town Clerk
NOTICE OF DECISION
Property: 476 Chickering Rd
Salvatore Lupoli Date: November 26, 1996
476 Chickering Road Petition: 039-96
North Andover MA 01845 Date of Hearing: 11/12/96
The Board of Appeals held a regular meeting on Tuesday evening,
November 12, 1996 upon the petition of Salvatore Lupoli, Sal 's Pizza
requesting a Variance under Section 7, Paragraph 7. 1, 7.3 seeking
relief of lot dimension, front setback, side setback. Section 8,
Paragraph 8. 1 seeking relief for Off Street Parking and 8.4 seeking
relief from the Screening and Landscaping requirements of the Zoning
By Laws. The following members were present and voting: William
Sullivan, Robert Ford, John Pallone, Joseph Faris & Ellen McIntyre.
The hearing was advertised in the North Andover Citizen on October 29
& November 5, 1996 all abutter were notified my regular mail.
Upon a motion by Ellen McIntyre seconded by Robert Ford the Board
voted to GRANT the Variance as follows:
1) Required area relief of 10, 667 square feet.
2) Frontset back relief of 151 .
3) Side Setback relief of 9 '
4) Screening and Landscaping minimum requirement of 6' to a range of
6 ' to 0 ' at some points with the condition that the landscaping
plans appear on the plans submitted on October 18, 1996.
5) Restrict parking from 34 to 28 with the condition that no more
than 56 planned seating in the Pizza Shop. (No offsite parking
will be required)
6) That revised plans be submitted showing the changes.
Voting members were: William Sullivan, Robert Ford, John Pallone,
Joseph Faris and Ellen McIntyre. The vote was unanimous.
The petitioner has satisfied the provisions of Section 10, Paragraph
10.4 of the Zoning Bylaw and that the granting of these variances will
not adversely affect the neighborhood or derogate from the
intent and purpose of the Zoning By law.
Note: The granting of the Variance and/or Special Permit as requested
by the applicant does not necessarily ensure the granting of a
Building permit as the applicant must abide by all applicable local,
state and federal building codes and regulations, prior to the
issuance of a building permit as required by the Building
commissioner.
Board of Appeals
� r
William Sullivan, Chairman
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TOWN 0
MI
HORTH ANDOVER
Received by Town Clerk:
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant C. F Address Iq IV,
N
Tel. No.
1 . Application is hereby made :
a) For a variance from the requirements of Section 4 8 -
,1
Paragraph j , and Table ja_+t u4,,0f the Zoning Bylaws .
b) x For a special Permit under Section Paragraph
of the Zoning Bylaws.
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2 . a) Premises affected are land
numberedand building (s)
. - � G�<d �'K /2! � �
—Street .
b) Premises affected are property with frontage on the
North ( ) South ( } East f ) West' ( ) side of
Street.
Street , and known as No.
Street .
c) Premises affected are in Zoning District
and the.
premises affected have an area of square feet
and fronta:7e ' of feet
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� . Ownership:
a) Name and address of owner (if joint ownership, give all
names) :
Date of Purchase 101q__ Previous Owner -
b) 1 . If applicant is not owner, check his/her interest
in the iDremises :
Prospective Purchaser Lessee Other
2 . Letter of authorization for Variance/Special Permit
required
4 . Size of proposed building: _ front ; _�Q feet deep;
Height stories; 1 feet .
a) Approximate date of erection:
b) Occupancy or use of each floor : —
e) Type ,of construction: (NQad ��. ►��rre�►� c.c,
S . has there been a previous appeal, under zoning, on these
premises? if. so, when?
6 . Description of relief sought on this petition
7 . Deed recorded in the Registry of Deeds in Book Page
Land Court Certi=icate No . Book fl g Page
1,20
The principal points upon which I base my application are as
follows : (must be stated in detail )
em 1 IOr / r : feyS4Yt�ct O L1nl u'i r
Q
agree to pay the =Ming fee, advertising in newspaper, and
i ncde~ za.l expense--*
J=gnGture o`
'Deti.tioner (s)
it
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: c�C ,,a l 6�c►ys�sS
Required Setback Existing Setback Relief
or Area or Area Requested
*- Lot Dimension
Area
Z!5-i000 S'F 14 ,133
Street Frontage
Front Setback
Side Setback(s)
2>
� r
Rear Setback
Sp_ pew-*
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