HomeMy WebLinkAboutNAPOLI TRUCKING Town of North Andover N°RTH
Office of the Zoning Board of Appeals y °A
Community Development and Services Division = _
27 Charles Street ' °o• ,*r'
North Andover,Massachusetts 01845 'ss,CNusst
D. Robert Nicetta Telephone(978)688-9541
Building Commissioner Fax(978)688-9542
Any appeal shall be filed Notice of Decision
within(20)days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Pro at: Clark Street—Corrected Coov(Tvvine Errors
NAME: Napoli Trucking Co.,52 Inglewood Street HEARING(S): 11/12& 12/10/02
ADDRESS: Clark Street PETITION: 2002-053
North Andover,MA 01845 TYPING DATE: 12/18/02
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,November 12,2002 at
7:30 PM upon the application of Napoli Trucking Co.,52 Inglewood Street,for premises at: Clark Street,North
Andover,requesting a Special Permit from Section 9,Paragraph 9.1 to construct a contractor's yard on a non-
conforming lot(Lawrance Municipal Airport). The said premise affected is property with frontage on the West side of
Clark Street within the I-2 zoning district.
The following members were present: Walter F. Soule,Jahn M.Pallone,Scott A.Karpinski,Ellen P.McIntyre,and
Joseph D.LaGrasse.
Upon a motion by John M.Pallone and 2'd by Walter F. Soule,the Board voted to GRANT the Special Permit from
Section 9,Paragraph 9.1 to allow for the construction of a contractor's yard on a non-conforming lot(Lawrance
Municipal Airport)per Site Development Plan for Napoli Trucking on land off Clark Street,North Andover,Mass.,
Prepared by Philip G.Christiansen,Civil Engineer,#28895,Christiansen&Sergi,160 Summer Street,
_Haverhill,MA 01830,dated September 28,20a last revised March 17,2003. Voting in favor: Walter F.Soule,
John M.Pallone, Scott A.Karpinski,Ellen P.McIntyre,and Joseph D.LaGrasse.
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 to the neighborhood;and that an
abutter's request for landscaping is a Planning Board issue,not a Zoning Board issue.
Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it
shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted
under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on
which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be
re-established only after notice,and a new hearing.
Town of North Andover
Board of Appeals,
Walter F. Soule,Acting Chairman
Decision 2002-053Corrected Cop
v(Ty
pin Errors).
3,
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 979-G�8-9535
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Town of North Andover of Tel
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Office of the Zoning Board of Appeals
Community Development and Services Division «
27 Charles Street " °+ •�=- • 4r
North Andover,Massachusetts 01845 cMugE`
D. Robert Nicetta Telephone(978)688-9541
Building Commissioner Fax(978)688-9542
Memorandum
To: Napoli Trucking Company
52 Inglewood Street
North Andover,Massachusetts ``
01845
From: Walter F. Soule,Acting Chairman Ti <:f�
North Andover Zoning Board of Appeals w rp l
w
Date: January 14,2004
Subject: Decision 2001-032 for Napoli Trucking,52 Inglewood Street,dated August 12,2003.
Please be advised that the Zoning Board of Appeals at the regular January 13,2004 meeting,voted to
extend the Special Permit deadline from December 1,2003 to January 31,2004. Both Louis Napoli and his
representative,Domenic J. Scalise,Esq.,stated that the construction progress made to the new Clark Street
site ensures that they will comply with the extended deadline.
Upon a motion by Joseph D.LaGrasse and 2nd by Ellen P.McIntyre,the Board voted to amend the deadline
from December 1,2003 to January 31,2004 of Decision 2001-032. Voting in favor: Walter F.Soule,
Ellen P.McIntosh,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers.
Town of North Andover
Zoning Board of Appeals
�! A
Walter F.Soule,Acting Chairman
Modification 2001-05311
M7P30
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover r �10RTN
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover,Massachusetts 01845
D. Robert Nicetta Telephone(97688-9541
Fax(97688 4Z-m;
Building Commissioner ;
Any appeal shall be filed Notice of Decision
within(20)days after the Year 2002 — r>
date of filing of this notice F3 r–`
in the office of the Town Clerk. Pro at: Clark Street > M
NAME: Napoli Trucking Co.,52 Inglewood Street HEARING(S): 1l/12& jWl01q
ADDRESS: Clark Street PETITION: 2002-053-1
North Andover,MA 01845 TYPING DATE: 12/18/0
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,
November 12,2002 at 7:30 PM upon the application of Napoli Trucking Co,,52 Inglewood
Street,for premises at: Clark Street,North Andover,requesting a Special Permit from Section
9,Paragraph 9.1 to construct a contractor's yard on a non-conforming lot(Lawrence Municipal
Airport). The said premise affected is property with frontage on the West side of Clark Street
within the I-2 zoning district.
The following members were present: Walter F.Soule,John M Pailone,Scott A.Karpinski,
Ellen P.McIntyre,and Joseph D.LaGrasse.
Upon a motion by John M.Patlone and 2d by Walter F.Soule,the Board voted to GRANT the
Special Permit from Section 9,Paragraph 9.1 to allow for the construction of a contractor's yard
on a non-conforming lot(Lawrence Municipal Airport)per Site Development Plan for Napoli
Trucking on land off Clark NSeptember 28,2002 by Philip G.
Christiansen P.E.#288995,Christiansen&Sergi, 160 Summer St,Haverhill,MA 01830.
Voting in favor: Walter F.Soule,John M.Pallone,Scott A.Karpinski,Ellen P.McIntyre,and
Joseph D.LaGrasse.
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 to the neighborhood-,and that an 's request for landscaping is a Planning
Board issue,not a Zoning Board issue.
Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the
date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing.
Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed
to have lapsed after a two(2)year period from the date on which the Special Permit was granted
unless substantial use or construction has commenced,it shall lapse and may bere-established
only after notice,and a new hearing.
Town of North Andover
Board of A ea s,
1 6.
Wapter'F. Soule,Acting Chairman
Decision 2002-053.
Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535
Town of North Andover °F aoRTM ,
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Office of the Planning Department ti?
Community Development and Services Division
27 Charles Street
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North Andover,Massachusetts 01845 "ss+c►ws�`
http://www.townofnorthandover.com
Planning Director. iwoods@townofnorthandover.com P (978)688-9535
J.Justin Woods F (978)688-9542
NOTICE OF DECISION
SENT USPS VIA CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
# '100a 0510 0=M4 NO
Clark Street
Napoli Trucking
Watershed Special Permit
The public hearing on the above referenced application was opened by the North Andover Planning Board on
March 11,2003 and closed on April 8,2003. Philip Christianson,P.E.of Christianson&Sergi,Steven
Webster and Attorney Domenic Scalise represented Mr.Napoli.
On May 6,2003,Nardella made,and White seconded,a motion to grant a Watershed Special Permit to
allow for the construction of two steel frame 6,000 square foot garages and related site improvements
and landscaping within the Industrial-2 Zoning District and Watershed Protection District,under the
requirements of Section 8.3& 10.3 of the North Andover Zoning Bylaw. This Special Permit was
requested by the by Louis Napoli,Napoli Trucking,52 Inglewood Street,North Andover,MA,01845. The
original application,excluding revised documentation,as cited herein,was filed with the Planning Board on
submitted on February 4,2003 with subsequent submittals on file. The applicant submitted a complete
application,which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover
Zoning Bylaw and MGL Chapter 40A,Section 9.The motion to approve was subject to the FINDINGS OF
FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision.
The Planning Board voted on the motion by a vote of 5 in favor to 0 against(Schwartz did not vote). A
special permit issued by a special permit granting authority requires a vote of at least four members of a five-
member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning
Bylaw. Accordingly, the Application for the Watershed Special Permit is approved with the attached
conditions.
The applicant is hereby notified that should the applicant disagree with this decision,the applicant has
the right,under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the
date this decision has been filed with the Town Clerk.
Respectfully Submitted:
rWplanng:NLver
inor PlaBoard:
John Simons,Chairman
Alberto Angles,Vice Chairman
Richard Nardella,Clerk
George White
Felipe Schwarz
James Phinney,Associate Member
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Clark Strut
Napoli Trwking
Watershed Special Permit
May 13,2003
Page 2 of 3
Appendix A
Appendix A
In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw,as well as its specific
criteria,are met. Specifically the Planning Board makes the following FINDINGS OF FACT:
1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning
Board bases this finding on the following facts:
a) The building will be connected to the Town sewer system.
b) A deed restriction will be placed limiting the types of fertilizers that can be used on the site.
c) Certification has been provided by a registered professional engineer that the construction of the two steel
frame 6,000 square foot garages and related site improvements and landscaping will not have an effect
on the quality or quantity of runoff entering the wate mW protection district.
d) The construction of the building has been reviewed by the town's outside engineering consultant, VHB,
and with the application of the erosion control, use of organic low nitrogen fertilizers, and drainage
infiltration system, there will be no degradation to the quality of quanity of water in or entering Lake
Cochichewick.
2. While no construction occurs in the Non-Disdlarge Buffer Zone, there is no reasonable alternative to
constructing some parking and dra ge facilities in the Non-Dwharge Buffer Zane.
In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes the following
FINDINGS OF FACT:
1. The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls
have been placed on the site;
2. The use will not adversely affect the neighborhood;
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5. The proposed use is allowed in the 1-2 District,and conforms to the applicable dimensional criteria. A Special
Permit for the project was ganted by the Zoning Board of Appeals.
6. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and
intent of the North Andover Zoning Bylaw.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as
part of this decision:
a) Plan Titled: Napoli Tracking
Located at Lawrence Municipal Airport
Clark Street
North Andover,Mass.
Prepared For: Louis Napoli,Napoli Trucking
Prepared By: Christiansen&Sergi.
160 Sumner Street
Haverhill,MA 01830
Sheets: 1-3
Scale: As Noted
Dated: January 21,2003,last revised March 17,2003
BOARD OF APPEALS 688-9541 BUU DING 688-9545 CONSERVATION 6=8-9530 HEALTH 688-9540 PLANNING 688-9535
Clark Street
Napoli Trucking
Watershed Special Permit
May 13,2003
Page 3 of 3
b) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by
the Town Planner would require a public hearing and modification by the Planning Board
2) Prior to issuance of a building permit:
a) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner.
b) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall
incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted
to the Town Planner and included in the fide.
3) Prior to a Certificate of Occupancy:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent
site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must
submit a certification from the design engineer that the site was constructed as shown on the approved
plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan,
4) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as
proposed on the plan referenced in Condition#1.
5) No open burning shall be dome except as is permitted during burning season under the Fire Department
regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commernci%excavation.
7) The provisions of this conditional approval shall apply to and be bin dhig upon the applicant, its employees
and all successors and assigns in interest or control.
8) This Special Permit approval shall be deemed to have lapsed on May 13, 2005 (two years from the date
permit granted)unless substantial use or construction has commenced. Substantial use or construction will
be determined by a majority vote of the Planning Board
CC. Conservation Administrator
Director,ofPublic Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Applicant
En&=
Abutters
Assessor
DPW
File
i
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
U ��H ','
!C 'V 1`4 CLLERK
See Section 8.3 of the North Andover Zoning Bylaw for more detailed information
10H FES -u P 12: 0"I
Town of North Andover
Planning Board
Application for Site Plan'Special Permit
Please type or print clearly:
1. Petitioner:_ Louis N a n o l i
Address: 52 Inglewood St . , No . Andover, MA
Telephone Number: 978-683-7497
2. Owners of the Land: Lawrence Municipal Airport
Address: 492 Sutton St , No. Andover
Telephone Number:— 978-794-5880
Number of years ownership:
If applicant is not the owner, please state interest in property:
lease agreement
3. Request for a Special Permit under Section 4.136,4 of the North Andover
Zoning Bylaw to
construct in Watershed Protection District
4. Location of Property: Clark Street
Zoning District: I 2
Assessors: Map: Lot#
Registry of Deeds: Book#: LC V4 Page# 2 9
S. Existing Lot:
Lot Area(Sq.Ft): Building.Height:
Street Frontage; Side Setbacks:
Font Setback: Rear Setback:
Floor Area Ration: Lot Coverage:
6. Proposed Lot(if applicable)0 0
Lot Area (Sq.Ft.): Building.Height: 22 ft.
Street Frontage: 430 f t . Side Setback: 51 ft .
Front Setback: 51 f t . Rear Setback: 5 2tf`.
Floor Area Ratio: • 17 Lot Coverage: 17%
7. Required Lot (as required by Zoning Bylaw);
Lot Area (Sq.Ft.): 8 0, 0 0 0 Building Height: 55 ft .
Street Frontage: 150 ft . Side Setback: 50 f t.
Front Setback: 50 ft .— Rear Setback: 50 ft .
Floor Area Ratio: .' Lot Coverage: J-1)70 -
8. Existing Building(if applicable):
Ground Floor(Sq.Ft.)6 , 000 #of Floors 1
Total Sq. Ft.; 6, 000 Height:
Use: contractor ' s garage Type of Construction: steel frame
9. Proposed Building:
Ground Floor(Sq.Ft.) #of Floors
Total Sq. Ft.; Height:
Use: Type of Construction:
10. Has there been a previous application for a Special Permit from the Planning
Board on these premises? NO If so,when and for what type of
construction?
11. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is
the official form of the Planning Board. Every application shall be filed with
the Town Clerk's Office. It shall be the responsibility of the petitioner to
furnish all supporting documentation with this application. The dated copy
of this application received by the Town Clerk or Planning Office does not
absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filing and legal notification. Failure to
comply with application requirements, as cited herein and in the Planning
Board Rules and Regulations may result in a dismissal by the Planning
Board of this application as incomplete.
Petitioner's Signature: '�f
P
Print or type name here: Louis Napoli
Owner's Signature:
Print or type name here:
Town of North Andover of Norrrq
� 4�>+�ao ti 4;QrQQ
Office of the Zoning Board of Appeals
Community Development and Services Division
Heidi Griffin, Division Director
+wriee+>�.(J
27 Charles Street 7ss
978
North Andover,Massachusetts 01845 Telephone D. Robert Nicetta p ( )688-954T
Building Commissioner
Fax(978)688-9542
Legal Notice
North Andover,Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center,
120R Main Street,North Andover,MA on Tuesday the 12' of November 2002 at 7:30 PM to all
parties interested in the appeal of Napoli Trucking Co., 152 Inglewood Street,for premises at:
Clark Stmt,Nath Andover,requesting a Special Permit from Section 9,Paragraph 9.1 to
construct a contractor's yard on a non-conforming lot(Lawrence Municipal Airport).
The said premise affected is property with frontage on the West side of Clark Street within the I-2
zoning district.
Plans are available for review at the office of the Building Department 27 Charles Street,Nath
Andover,MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J.Sullivan,Chairman
Published in the Eagle Tribune on October 29&November 4,2002.
Legalnotice 2002-053
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BOARD OF APPEALS 688-9541 BUILDING 688-9.545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover "ORT6/
OF�t�ao ib"Eq.
Office of the Planning Department ��
Community Development and Services Division
27 Charles Street " �+ •_==--
�,9
North Andover,Massachusetts 01845 ss�fsb'
http://www.townofnorthandover.com
Planning Director. iwoods@townofnorthandover.com P (978)688-9535
J.Justin Woods F (978)688-9542
NOTICE OF DECISION
SENT USPS VIA CERTIFIED MAEL
RETURN RECEIPT REQUESTED
# r1wa 0510 00M oaq L) 1 403
Clark Street
Napoli Trucking
Site Plan Special Permit
The public hearing on the above referenced application was opened by the North Andover Planning Board on
March 11,2003 and closed on April 8,2003. Philip Christianson,P.E.of Christianson&Sergi,Steven
Webster and Attorney Domenic Scalise represented Mr.Napoli.
On May 6,2003,Nardella made,and White seconded,a motion to grant a Site Plan Special Permit to
allow for the construction of two steel frame 6,000 square foot garages and related site improvements
and landscaping within the Industrial-2 Zoning District,under the requirements of Section 8.3& 10.3 of
the North Andover Zoning Bylaw. This Special Permit was requested by the by Louis Napoli,Napoli
Trucking, 52 Inglewood Street,North Andover,MA,01845. The original application,excluding revised
documentation,as cited herein,was filed with the Planning Beard on submitted on February 4,2003 with
subsequent submittals on file. The applicant submitted a complete application,which was noticed and
reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter
40A,Section 9.The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL
CONDITIONS set forth in Appendix A to this decision.
The Planning Board voted on the motion by a vote of 5 in favor to 0 against(Schwartz did not vote). A
special permit issued by a special permit granting authority requires a vote of at least four members of a five-
member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning
Bylaw. Accordingly, the Application for the Site Plan Special Permit is approved with the attached
conditions.
The applicant is hereby notified that should the applicant disagree with this decision,the applicant has
the right,under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the
date this decision has been filed with the Town Clerk—
Respectfully Submitted:
Planning Director
North Andover Planning Board:
John Simons,Chairman
Alberto Angles,Vice Chairman
Richard Nardella,Clerk
George White
Felipe Schwarz
Jams Phinney,Associate Member
• � 1Ff:
1 '411—
BOARD OF APPEALS 688-9541' BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Clark Street
Napoli Trucking
Site Plan Special Permit
May 13,2003
Page 2 of 3
Appendix A
In accordance with North Andover Zoning Bylaws Section 8.3 and 10.3, the Planning Board makes the finding
that the intent of the Bylaw, as well as its specific criteria, is met. Specifically the Planning Board makes the
following FINDINGS OF FACT:
1. The existing site is located in the Industrial-2 District at the Airport on Clark Street within a proposed"
lease area of approximately 80,000 square feet. The specific site is an appropriate location for the project
given that the site is currentlyvacant land designated for non-aviation use.
2. The building as designed will not adversely affect the neighborhood as the project includes substantial
landscaping around the entire site and the abutting properties immediately adjacent to the site are across
the streets and commercial in nature.
3. There are no wetland resources or related buffers or lLSF exist at the site.
4. The proposed use is allowed in the I-2 District, and does not conforms to the applicable dimensional
criteria,but a Special Permit and variance for the project was granted by the Zoning Board of Appeals.
5. No increase in runoff rates or volume will occur provided that the drainage infiltration system is
constructed as designed.
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the
Zoning Bylaw.
7. The Planning Board also makes a specific finding that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be
fully in compliance.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the
following conditions:
a) A bond in the amount of five thousand($5,000)dollars in the form of a check must be posted for the
purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures,
curb cuts, parking spaces, topography, and drainage facilities is submitted. The bond is also in place
to insure that the site is constructed in accordance with the approved plan. The form of security must
be acceptable to the Planning Board.
2) Prior to the start of construction:
a) During construction,the site must be kept clean and swept regularly.
b) A construction sckedule shall be submitted to the Planning Staff for the purpose of tracking the
construction and informing the public of anticipated activities on the site.
3) Prior to Building Permit Issuance(Form U):
a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans
must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the Planning Department.
c) The applicant must provide to the Planning Department a recorded copy of the ZBA approval and
variance.
4) Prior to issuance of the Certificate of Occupancy:
a) The applicant must submit a letter from the architect and engineer of the project stating that the building,
signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of
this decision as endorsed by the Planning Board
b) The building must comply with applicable state fire and building codes.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
t
•
Clark Street
Napoli Trucking
Site Plan Special Permit
May 13,2003
Page 3 of 3
5) Prior to the final release of security:
a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning
Staff will be added at the applicant's expense. Specifically after the detention pond is completed, the
Town Planner will review the site and any screening as may be reasonably required by the Town Planner
will be added at the applicant's expense.
b) A final as-built plan showing final topography, the location of all on- site utilities, structures, curb
cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff
and the Division of Public Works.
6) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to
minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer
than one week must be fenced off and covered
7) 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 planting shall be replaced by the owner.
8) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday
and between 8:00 a.m.and 5:00 p.m.on Saturday.
9) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
10) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective
utility companies.
11) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
12) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
13) The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees
and all successors and assigns in interest or control.
14) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design
of the building,as presented to the Planning Board,may be subject to modification by the Planning Board.
15) Any revisions shall be submitted to the Town Planner for review.If these revisions are deemed substantial,
the applicant must submit revised plans to the Planning Board for approval.
16) This Special Permit approval shall be deemed to have lapsed on May 13, 2005 (two years from the date
permit granted)unless substantial use or construction has commenced. Substantial use or construction will
be determined by a majority vote of the Planning Board.
17) The Board granted waivers for Section 8.3.5.3.e.ii requiring a boundary line survey and for Section
8.3.5.3.e.xix a traffic study.
18) The following information shall be deemed part of the decision:
Plan Titled: Napoli Trucking.
Located at Lawrence Municipal Airport
Clark Street
North Andover,Mass.
Prepared By: Christiansen&Sergi.
160 Summer Street
Haverhill,MA 01830
Sheets: 1-3
Scale: As Noted
Dated: January 21,2003,last revised March 17,2003.
cc: Conservation Administrator Police Chief Abutters
Director of Public Works Fire Chief Assessor
Health Administrator Applicant DPW
Building Inspector Engineer File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 BEEALTH 688-9540 PLANNING 688-9535
C C-
TOWN OF NORTH ANDOVER SPECIAL PERMIT
ZONING BOARD OF APPEALS
PROCEDURE
and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND
for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
a SPECIAL PERMIT the applicant for a hearing date and prepares the legal
E Ten (10) copies of the following information must notice for mailing to the parties in interest (abutters)and
for publication in the newspaper. The petitioner is
be submitted thirty (30) days not later than noon notified that the legal notice has been prepared and the
prior to the first public hearing. Failure to submit cost of the Party in Interest fee.
the required information within the time periods
prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO
Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE:
The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office
requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal
Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication.
are underlined will be completed by the Town
STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING
The petitioner applies for a Building Permit and BOARD OF APPEALS:
receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be
Building Commissioner. represented by an agent or attorney, in the absence of
any appearance without due cause on behalf of the
j STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using
Petitioner completes an application form to petition the the information it has otherwise received.
Board of Appeals for a Special Permit. All information STEP 9: DECISION:
as required in items 1 through and including 11 shall be After the hearing, a copy of the Board's decision will be
completed. sent to allarties An in interest.
p y appeal of the Board's
decision may be made pursuant to Massachusetts
Step 3: PLAN PREPARATION: General Laws ch. 40A sec. 17, within twenty(20)days
Petitioner submits all of the required plan information as after the decision is filed with the Town Clerk.
cited in item 10 page 4 of this form.
STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION
Petitioner submits one (1) original of all the required PLANS'
information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of
The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex
certifying the time and date of filing. The remaining ten County North Registry of Deeds,Lawrence
copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of
Appeals secretary. Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
'G STEP 5: LIST OF PARTIES IN INTEREST:
j Once the petitioner submits all of the required c
information, the petitioner requests from the Assessors
c—> --1 o
M
'f Office a certified list of Parties in Interest(abutters). —+ M
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IMPORTANT PHONE NUMBERS:
978-688-9501 Town Clerk's Office
978-688-9545 Building Department
i 978-688-9541 Zoning Board of Appeals Office
E
i
PAGE 2 OF 4 Date &Time
Stamp
Application for a SPECIAL PERMIT
t
North ANDOVER ZONING BOARD OF APPEALS
1. Petitioner: Name, address and telephone number:
Napoli Trucking Co. , Inc. , 52 Inglewood Street, North Andover, MA 01845
61 ) (,P3-- 2 jq r7
`The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
Lawrence Municipal Airport Commission
492 Sutton Street
North Andover, MA 01845 Years Owned Land: approximately 75 years
( 978 ) 794-5880
3. Location of Property:
a. Street: Clarke Road Zoning District Industrial 2 ( 1-2)
b. Assessors: Map number 7 4 Lot Number: 1
c. Registry of Deeds: Book Number 14 Page Number: 29 Registered Land
Book Number 10 Page Number 133 Registered Land
4. By-Law Sections under which the petition for the Special Permit is made.
North _Andover Zoning By-Laws, Section 9, Paragraphs 9.1 and 9. 2 Amd
Ti acs .z
"Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request:
_ Applicant seeks a Special Permit to construct a contractor' s yard in an
Industrial 2 Zone which is an allowed use in this zone. The locus property
is being Ieaseq From fhe Lawrence Airport Commisstgnwnicn is a non-conforming
use in an Industrial 2 Zone. The proposed use is in harmony with the general
purpose and intent of the By-Law. A literal enforcement of the By-Law would
involve suBstantial detriment to the Petitioner and tHatesira p re ie may
bg grant-pd without Subst:antial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the
*The above description shall be used for the purpose of the legal notice and decision. A more detailed description is
required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.
Zoning By-Law.
4f
t
Page 3-of 4
i
Application for a SPECIAL PERMIT
NORTH ANDOVER ZONING BOARD OF APPEALS
6.a Existing Lot:
j Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
77 , 000 16 % �—
%
b. Proposed Lot (S):
I
I Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
i
c. Required Lot: (As required by Zoning By-Law)
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
7. a. Existing Buildings: Nonce
Ground Floor Number of Total Use of Number
Square feet Floors Sq. feet Building* of Units
*Reference Use Code numbers and Uses from the Zoning By-Law.State number of units in building.
B. Proposed Buildings:
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet Building* of Units
6 , 000 ] Stor&gP of Triicks : 1_
and Equipment
6 . 000 _ 1 6 ,Q0 Contractor' s Stora$P of Tr , kS 1
*Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building.
and Equipment
8. Petitioner and Landowner signature (s):
Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of
Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to
furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk
or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited
herein and in the Zoning rd Rules and Regul tions may result in a dismissal by the Zoning Board of this application
as incomplete. ,.
Si nature
Type above name (s) here Domenic J ScaliQe . Attorney for Applicant
89 Main Street
North Andover, MA 01845
( 978 ) 682-4153
a
PAGE 4 OF 4 Application for a SPECIAL PERMIT
9. WRITTEN DOCUMENTATION
Application for a Special Permit must be supported by a
legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN:
detail all facts relied upon. This is required in the case A. Site Orientation shall include:
of a Special Permit when the following points, based on
1. North point
MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law
2. zoning district (s)
and P 9.2 Special Permit Granting Authority shall be clearly
identified and factual) 3. names of streets
y supported: Addressing each of the 4. wetlands to be shown on plan (if applicable)
below points individually is required with this 5. abutters of property,within 300 foot radius
application. 6. location of buildings on adjacent properties within
1. The particular use proposed for the land or structure. 50'from applicants proposed structure
7, deed restrictions, easements
2. The specific site is an appropriate location for such B. Legend&Graphic Aids:
use, structure or condition. 1. Proposed features in solid lines 8 outlined in red
vehicles or pedestrians.3. There will be nuisance or serious hazard to 2. Existing features to be removed in dashed lines
4. Adequate and appropriate facilities will be provided for 3. Graphic Scales the proper operation of the proposed use. 4. Date of Plan
5. The use is in harmony with the purpose and intent of 5. Title of Plan
the zoning by-law. 6. Names addresses and phone numbers of the
6. Specific reference and response to the criteria
applicant, owner of record, and designer or
required by the particular special permit for which this surveyor,
application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS:
Permit respond to criteria and submittal
requirements). Major Projects shall require that in addition to the above
features, plans must show detailed utilities,soils,and
10. Plan of Land topographic information. A set of building elevation and
interior of building plans will be required when the
Each application to the Zoning Board of Appeals shall be application involves new construction/conversion and/or a
accompanied by the following described plan. Plans must proposed change in use. Elevation plans for minor
be submitted with this application to the Town Clerk's
Office and ZBA secretary at least thirty(30)days prior to Projects including decks,sheds,&garages shall be
the public hearing before the Zoning Board of Appeals. included with a side view depicted on the plot plan,
which include a ground level elevation
10 A. Major Projects 11. APPLICATION FILING FEES
Major projects are those which involve one of the following A Notification Fees:Applicant is to send by certified
whether existing or proposed: a)five or more parking mail all legal notices to all abutters, and then
spaces, b)three or more dwelling units,and
c)2000 square feet of building area. supply proof of mailing to ZBA secretary. Applicant is
Minor projects that are less than the above limits shall to supply stamps(appropriate current postage)for
require only the plan information as indicated with matting of decisions to all parties of interest as
identified in MGLA ch.40A in sec. 11 as listed on the
asterisks (*) in some cases further information may be application. ZBA Secretary will compute number of
required. stamps.
B. Applicant is to supply one (1)set of addressed
10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail
a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest.
11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per application.
b) Plan prepared by a Registered Professional Engineer
and or Land surveyor,with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse
signatures and date on mylar. in two (2)years if not exercised and a new petition
must be submitted.
r
}
DESCRIPTION OF FINDING REQUESTED
Applicant seeks a Special Permit to establish a Contractor's Yard for his existing trucking
business on a portion of land to be leased from The Lawrence Municipal Airport. A Special
Permit is required because the airport use of this property is currently non-conforming.
This is an allowed use under Table I in an Industrial 2 Zone.
. Lawrence MunicipalAirport „
' 462 SMON STREET ., �•
,i NORTH ANDOVER,MA 04845
,. � ON 794.3880 - w
p FAX(978)794.5987 `
October 10, 2002
North Andover Zoning Board of Appeals
27 Charles Street
Worth Andover,MA 01845
Re: Napoli Trucking Company,Inc.
Dear Board Members:
Please be advised that the Lawrence Municipal Airport hereby authorizes Napoli
Trucking Company,Inc, to file an application for a"Special Permit"relative to its
proposed development on the airport with the North Andover Zoning Board.
Very truly yours,
Michael P.Miller
Airport Manager
CC: Napoli File
Domenic Scalise, Esq.
Tawas of North Andover,ZoniME Board of Anneals
Parties of Interest/Abutters Lis&jj
REQUIREMENT: MGL 40A, Section 11 states in part"Parties in Interest as used in this
chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or
private street or way,and abutters to abutters within three hundred(300)feet 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."
Applicant's property,list by map, parcel,name and address(please print clearly
and use black ink.)
MAP PARCEL NAME ADDRESS
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AA9wt€VCF-1-
ABUTTERS PROPERTIES 0,4 ®/19YO
MAP PARCEL NAME ADDRESS
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TffiS INFORMATION WAS OBTAMED AT THE ASSESSORS OFFICEAND
CERTIFIED BY THE ASSESSORS OMC'E BY:
DATE
SIGNATURE PAGE
OF
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AsseorAndover