Loading...
HomeMy WebLinkAboutMiscellaneous - 1705 Turnpike Street (3) h a. d .S s e, a Q I I I l7 s.Eo YyyP y l a 5 i I i i sited o �� iT � , oHll\e (��a' 15 -25 V� i�\4 m VV\al � • ♦ •'1 s T ZBA 108 Date O�r►ORTH,� . TOWN OF NORTH ANDOVER O F RECEIPT SSgCHUs� This certifies that Atf,J..0 w..er1,(....-..T!.... ................... haspaid..P.. ..... :.k..... ..... .7.4.47?................................... for... ....... !?!....!.G!.!....rPrr...�.. ... Received by..... 6241, ,.4/.4..................................................... Department.....:—^-6.,�7":...................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street D. Robert Nicetta North Andover,Massachusetts 01845 Telephone(978)688-9541 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'b of November 2002 at 7:30 PM to all parties interested in the appeal of A.L.Prime Energy,Inc.,319B Salem Street,Wakefield,MA 01880 for premises at: 1725 Turnpike Street,North Andover,requesting a Special Permit under Section 9,Paragraphs 9.1 and 9.2 to extend the use of a pre-existing,non-conforming lot;and Section 6,Paragraphs 6.2,6.6,and 6.7 in order to continue using a free-standing sign. The.said premise affected is property with frontage on the Southwest side of Turnpike Street within the GB zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North 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 2002-052 ti a CD r., N - 1 C) Q LU .S E 5 �78 � oa ��a3c�Nn8mNrn -E �6�ODV_N yyN Oa��•`o> ° =a ON� -Jai.—i> W No- E pyV f— '°E � W TO m - owwr � ° mwN ca -0 aFoLoaaa)( f owd_� )Q 1ZCC �aD¢Q>, — EO C � "ag ONoNZQ =Yz0 m ¢ 0r6'n o �oro1Qoi ° -roT o�� yY oroa o a£a rnro o o°E .�L m��r o pp m m - JQLD.-r3 z°E�� LCD _'0 C's°o<oca°oU)0 ��`m� � 1-i o= O� W O Wa V^'�c'Y,.;C Qct�JMw Nz¢�cN �OcQ °p�y 3...Cia y>��2 m � v �Zm o. a� c °zo�¢ -Y EpCL ca°°'°y (6o°H r;:°- mom-°a3iv °ota W zLna10io ¢ ������Doma°icoioa°iC\.'U %oa�i�ma' 'StcLLS F o CD _3 ..4 ..Qt0U)2 Ota._02 3:8. Z._cn m�cfn c6..rn i0.� 3rn._ MUQ... iV L11 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 n ? r1Cih71'1 AM' A, �l1,st T, .:Y <xrS :.: .` rlCitT!! r, `.t Ci Ir°.i? UNIT I: I i)iS';':' Q.';? 1.11'1.[i IN f,045 Postage $ f� Postage $ co Certified Fee -y°30 0 _':30 Certified Fee Return Receipt Fee 1•° Postmark P Retm Receipt Fee 1.75 Postmark (Endorsement Required) F t 5 Here Ili (EndorsementuRequired) Here 1.-,: Zoning Board of Appeals - Decision North Andover Hearing No.: 2002-052-7652 Date: January 30, 2009 APPLICATION TYPE: SUBMISSION DATE: Special Permit 1011012002 Applicant's Name: Owner's Name: NAME: NAME: A L PRIME ENERGY CONSULTANTS A L PRIME ENERGY CONSULTANTS ADDRESS: ADDRESS: LOWELL STREET LOWELL STREET TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: WAKEFIELD MA 01880 WAKEFIELD MA 01880 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Surveyor's Name: STREET NO.: SITE ZONING: COMPANY NAME: 1725 TURNPIKE STREET TOWN: ACTION TAKEN: ADDRESS: NORTH ANDOVER MA 01845 MAP: BLOCK: LOT: MAP DATE: SECTION OF BYLAW: 107.8 0056 Section 6:Signs and Sign Lighting TOWN: STATE: ZIP CODE: Book: Page: Regulations 104 1381 PHONE NO.: FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Special Permit from 6.2, 6.6,6.7 in order to continue the use of an existing sign,and 9.1&9.2 in rder to continue the use of a pre-existing,t conforming lot. HARDSHIP: CONDITION OF APPROVAL: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 1211412002 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 11812003 11812003 MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMSO 2009 Des Lauriers Municipal Solutions,Inc. Town of North Andover' 0ORTq pE , ° °�1•° Office of the Zoning Board of Appeals F? °a,,a. :° °p Community Development and Services Division 411e 27 Charles Street North Andover,Massachusetts 01845 9SsCHus�t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 —U CD C-.1'.-i Any appeal shall be filed Notice of Decision i r7i m 20 da after the Year 2003 iv { within i. date of filing of this notice —0 r-<= in the office of the Town Clerk. Property at: 1725 Turnpike Street r:U o NAME: A.L.Prime Energy,Inc.,319B Salem Street, HEARING(S): Dec.10,2002&�Apri . Wakefield,MA 01880 16,2003 ADDRESS: for premises at: 1725 Turnpike Street PETITION: 2002-052 North Andover,MA 01845 TYPING DATE:April 23,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday,at 7:30 PM upon the application of A.L.Prime Energy,Inc.,319B Salem Street,Wakefield,MA 01880 for premises at: 1725 Turnpike Street,North Andover,requesting a Special Permit under Section 9, Paragraphs 9.1 and 9.2 to extend the use of a pre-existing,non-conforming lot;and Section 6, Paragraphs 6.2,6.6,and 6.7 in order to continue using a free-standing sign. The said premise affected is property with frontage on the Southwest side of Turnpike Street within the GB zoning district. The following members were present: Walter F. Soule,Robert P.Ford,John M. Pallone,Ellen P. McIntyre,and Joseph D.LaGrasse. I Upon a motion made by John M.Pallone and 2ad by Joseph D.LaGrasse,the Board voted to GRANT the request for a Special Permit from Section 9,Paragraph 9.1 and 9.2 to extend the use of a pre- existing,non-conforming lot;and Section 6,Paragraphs 6.2,6.6,and 6.7 to allow the continued use of a free standing ground sign on the site of the motor vehicle fuel dispensing service station and mini- mart according to the Site Layout Plan of 1725 Turnpike Street,North Andover,Mass,prepared for A. L.Prime Energy,Inc.,319B Salem St,Wakefield,Mass,dated 10/9/02 by Anthony Guba,P.E.#0160 Walter F. Soule Robert P.For Voting in favor: �John M.Pallone,Ellen P. and RP.C.E.#32727. o g McIntyre,and Joseph D.LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 and 9.2;and Section 6,Paragraphs 6.2,6.6,and 6.7 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. 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 4 notice,and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision 2003-052. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 f Mar 11 03 03: 16p Law Offices 9787942088 p. 3 Town of North Andover NONTM Office of the Zoning Board•of Appeals Community Development and Services Division - 27 Charles Street .y�' :;;>•'� North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 I RuildLig Commissioner Fax (978)688-9542 i DateZ4 23 0 TO: Town of North Andover Zoning Board of Appeals , 27 Chlrles Street = North Andover MA 01845 y -- _r tee, T - N Urrn:3 F;,, l�acnc Please be.advised.that.1 have agreed towaive the.time constraints for the Nort M Andover Zoning Board of Appeals to make a decision regarding the granting ofa -J 0 Variance pedal Permit. /uf•3'1£ 6Na z?Y Compre nsive Permit(40B) Fin(iing for property located at: STREET: j 7 7,J eAi a Awary- TOWN: G7£�t 0 � �*�l o r _ MEETING DATE(S): LACY if 'Rob +-a Ago r,1 I 16) -3-003 NAME OF PETITIONER:_/��!`/7/FLew- Z�e Signed: '� sw etitioner(o itioner's representativ ) ATTY. DOMENIC J. SCALISE 89 MAIN STREET ttORTM ANOWR.NA 01M wA1ve2 8"-d of Appeals 978-648.9541 8uikhzir 374-684-9345 Cunservauun 979.668-9530 licalth 979-688-93,10 Planning 9-1"168-95.15 MAN BOA-RD 0;APPEALS Mar 11 03 03: 16p Law Offices 9787942088 p. 1 DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 Date: A, r� i/ Telefax to the following number: COMPANY: Attention: > _ /J Message: jv Total Number of Pages(Including This Cover Page): �- IF ALL PAGES ARE NOT RECEIVED,PLEASE CALL BACK AS SOON AS POSSIBLE AT THE ABOVE TELEPHONE NUMBER. This telecopy is attorney-client privileged and contains confidential information intended oily for the persou(s) named above. Any other distribution,copying or disclosure is strictly prohibited. If you receive this telecopy in error,please notify us immediately by telephone,and return the original transmission to us by mail without making a copy. i Feb-11-03 10: 35A P.03 Town of .North Andover powTM Office of the Zon-ing Board of Appeals- Community Development and Services Division . 27 C hArles Street ' .��w,:=-•„•r' North And(wer, t)1845 D. Rohcri Nii:alla BuildingC:rnnnli�.cirmtr 'rrh:•t�hii11C Fax (978)688-9542 Date TO: Town of North Andover Zoning Bola•d of Appeals 27 C'harlcs Strect North AllCh)%,Cr Mn 01845 Plea.-,;c be advised that T have agwed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the. granting of a Variance. y Compre•hcnsive Permit 00B), Finding for property located at: j e �,[ . 71 AllTOWN: _.._ NAMF OF PF"1"I'I'IC)NE ��G`ot£ F ` il1G -- 6 _ Sinned: P -titianer (or Pet' .aper'. rePresentativc)� ---- Domenic J.Scalise,Et o. = ' 88 Main Stever No.Ants MA 018Mi r— > WANI-It 't CJ�:C)CI)C; IAtard ul!\hpt'dl• )/„ 6"9511 Rnildin^978-688.9)4:, f.'vrt..rrvaUtni 4772 l;>sR�ij\0 lirahh 9715•(iHk•!Y.•.111 1'I:unun,�.`)/�n>,;;t�j,'c'.4> 7j f� I O Jan 14 03 04: 02p Law Offices 9787942088 p. 1 DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 E Date: 4 a 3 Telefax to the following number: _ r97,p) 6f W�a COMPANY: IDLk,u ©1 7%w-A 0 2. Attention: l� / . A/q RE: Al Message: &6 Al 17, Total Number of Pages(Including This.Cover Page): 1 IF ALL PAGES ARE NOT RECEIVED,PLEASE CALL BACK AS SOON AS POSSIBLE AT THE ABOVE TELEPHONE NUMBER I This telecopy is attorney-client privileged and contains confidential information intended only for the person(s) named above. Any other distribution,copying or disclosure is strictly prohibited. If you receive this telecopy in error,please notify us immediately by telephone,and return the original transmission to us by mail without making a copy. JAN 1 4 2003 D i BOARD OF APPEALS Town of North AndoverpCRT#1 Office of the Zoning Board of Appeals o ,e1tio� ti y Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 �9Ss ACH USE D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 Date ( TO: !Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I haveeed to waive the time constraints for the Zoning g Boar d of appeals to make a decision regarding the granting of a Variance and/or SpoeiaT7RDnit for property located at: � ( STREET: 7 2- _ T � �0- TO - 5 TOWN: L'Ip f4 Ahdover MEETING DATE(S): a✓1 q' 0 NAME OF PETITIONER: L' i h e f Signed: Petit' ner(or pet itio representative) o CD CO Ci(r C�7�JCf)C fTi > WAIVER W �� Ln 1688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 I BOARD 01 APPEALS Town of North Andover E NORTH q O stereo ,Q .�, Office of the Zoning Board of Appeals 0� Community Development and Services Division i • ' 27 Charles Street 3q North Andover,Massachusetts 01845 SSAC&M D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax(978)688-9542 Date ' TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET: 7U./e le WE-7- TOWN: Z�Ix4 A-jCi,6U6-4,e , MEETING DATE(S): ��• � 7'0 'c '0a NAME OF PETITIONER: .0 l F ��u S Signed: Pet' oner (or petiti is representative) coo WAIVER '`r—>< CDMCDM CD:�Z7 Cn c� Mac lin u U w :z) tq0 kh4ke N a2PIjS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 BOARD OF APPEALS it Legal Notice North Andover,Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hear' g at the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 12'h of Novembe 002 at 7:30 PM to all parties interested in the appeal of A.L.Prime Energy,Inc.,319B Salem Street,Wakefield,MA 01880 for premises at: 1725 Turnpike Street,North Andover,requesting a Special Permit from Section 6,Paragraphs 6.2,6.6,and 6.7. The said premise affected is property with frontage on the Southwest side of Turnpike Street within the GB zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North 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 I Published in the Eagle Tribune on October 28&November4 2002. Legalnotice 2002-052 I (- ID TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS } >r� �, ,..ikvs°'h >a'r.� �u,�`c..,�, i.Ea „,mac :� S +-.. , 'S �� k °' ,' � '�° s -.has, ✓'` tY s sr, cy 107 k �' PROCEDURE and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND f01' 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 Ten 10 copies of the following information must notice for mailing to the parties in interest (abutters) and ( ) P 9 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 speck 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 its 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 shouldappearin 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 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 all parties in interest. Any 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. STEP 5: LIST OF PARTIES IN INTEREST: r Once the petitioner submits all of the required `-- information,the petitioner requests from the Assessors o -n--i Office a certified list of Parties in Interest (abutters). C-) Zl�11r �� C O 2�n�7 fel >� CD rri CD D :;U C/)CD . :;0 w w z IMPORTANT PHONE NUMBERS: [ (� 978-688-9501 .Town Clerk's Office D 978-688-9545 Building Department U[; I 1 0 2002 978-688-9541 Zoning Board of Appeals Office BOARD OF APPEALS l I PAGE 2:OF 4 Date&Time I Stamp Application fora SPECIAL PERMIT � "='r�"° `�'�.a'�Y' � ��x �:�'•^.0-y y`�':.,.�'.,k 's-; '" 's s"x,�"r,q�',i",',a^F, '.a.-�;�" J«..`k' '""g`xr°y� ar'ra'n. 's. a"".. `5 ,�„. a ��r °..�.�.? r«d..�'"r:s� +5 ..a •:rr..x - �:�v�'��r. '-x,c..n.. �`h,.�'.�'�`ssx'' .sr�:: .� .'��� �.o�"a�..n,^�*{.��,�'re'��..�.r-.? a ., ?f.,r:�a:' .�„res�"et;�. sY��1 i North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: ;Name; address and elephone number: A.L. Prime Energy, Inc, 319B Salem Street,, Wakefield, MA 01880 ( 781) 246-0201 "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; `r A.L. Prime Energy, Inc. 319B Salem Street, Wakefield, MA 01880 (781) 246-0201 Years Owned Land: two (2 ) years 3. Location of Property: a. Street: 1725 Turnpike 'Street Zoning District General Business (GB) b. Assessors: Map number 107B Lot Number: 56 c. . Registry of Deeds: Book Number 104 Page Number: 381 (Regist.ered Land) 4. By-Law Sections under which the petition for the Special Permit is made. North Andover Zoning By-Law Section 9, Paragraphs 9 . 1 and 9. 2 Section 6 , Paragraphs 2, 6 and 7 . *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 allow the continued use of a free standing . ground sign which he constructed in 2000 on the site of his motor vehicle fuel dispensing service station and mini-mart . The proposed use is in .harmony with the general purpose and intent of the By-Law. A literal enforcement. of the B Law would-involve-substantial detriment--to- the-Pe -i 3-ane-r-- an - a - -e-s-rrab-1-e relief may be granted without substantialdetriment to the pul5ilcgooC and "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. without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. i Pave 3 of 4 Application for a SPECIAL PERMIT NORTH ANDOVERZONING BOARD OF APPEALS 6.a Existing Lot:' 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 %. 39n_ R1 26 f; 77- 2D.lZ' _5-171 * All required dimensional variances and :Special Permit were granted by the b. Proposed Lot (S): North Andover . Zoning Board of Appeals on June 29, 1999,, see copy of. Decision attached hereto. 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 Not pplicable. 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 8 Rear 294on % --= In 4L_ 411' 4n, **All required dimensional variances and Special . ;Permit were granted by the 7. a. Existing;Buildings: North Andover Zoning Board of Appeals on June 29, 1999, see copy of Decision attached. hereto. 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 *Reference Use Code numbers and Use from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landownersignature (s): 1 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-theTown-Clerk's--Office:It-shall-be-the responsibility of the petitioner to-- fumish 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 expensesf filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning rd Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature Type above name (Where Domenic calf attorney for Applicant 89 Main Street North Andover, MA 01845 ( 978 ) 682-4153 k PAGE 4 OF 4 Application for a SPECIAL PERMIT Y V..x...�,��e+a `"'.��'f �: 3 ',g" xera,=="""`;�- ""S �``^�' .x- ..v,�r :cv.,.mac 7� �"'""�a+,}`�>� +'.^�.��� �;'�'FAY °a W.._ .. .-, ....,c va....s NEW rcr,,t` i��.,' �..F�" i 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. Northpoint MGLA ch. 40A sec. 9 of the North Andover ZoningBy-Law Y 2. zoning district(s) and P 9.2 Special Permit GrantingAuthority shall be clear) � y y3. names of streets identified and factually supported: Addressing each of the 4. wetlands to be shown on plan (if applicable) below points individually is required with this S. abutters of property,within 300 foot radius application. 6. location of buildings on adjacent properties within 50'from applicants proposed structure 1. The particular use proposed for the land or 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&outlined in red 3. There will be no nuisance or serious hazard to 2. Existing features to be removed in dashed lines vehicles or pedestrians. 3. Graphic Scales 4. Adequate and appropriate facilities will be provided for 4 Date of Plan the proper operation of the proposed use. 5. Title of Plan 5. The use is in harmony with the purpose and intent of 6. Names addresses and phone numbers of the the zoning by-law. applicant, owner of record, and designer or 6. Specific reference and response to the criteria surveyor. required by the particular special permit for which this application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal Major Projects shall require that in addition to the above requirements). features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and 10. Plan of Land 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 b the following described plan. Plans must Y minor be submitted with this application to the Town Clerk's proposed change in use. Elevation plans for 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 whether existing or proposed: a)five or more parking A. Notification Fees: Applicant is to send by certified spaces, b)three or more dwelling units,and mail all legal notices to all abutters, and then 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 mailing 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. S. 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. InaI 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. i i Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street =--- North Andover,Massachusetts 01.845 �'SSAcwus`4y D. Robert Nicetta Telephone(978)688-9541 Batilding Corntnissioner Fax(978)688-9542 1 Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 date of filing of this notice f in the office of the Town Clerk. Property at: 1725 Turn ike Street NAME: A.L.Prime Energy,Inc.,318B Salem Street, DATE: September 13,2002 Wakefield,MA 01880 ADDRESS: for premises at: 1725 Turnpike Street PETITION: 2002-028 North Andover,MA 01845 HEARING: 8/13/02&9/10/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 10,2002 at 7:30 PM upon the application of A.L.Prime Energy,Inc.,318B Salem Street,Wakefield MA 01880,for premises at 1725 Turnpike Street,North Andover requesting a Finding as a Party Aggrieved of the Building Commissioner's decision that the applicant is in violation of Section 6, Signs and Sign Lighting Regulations of the Zoning Bylaw,within the GB zoning district. The following members were present: William J. Sullivan,Walter F. Soule,John M k1lone, Scott A. Karpinski,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by Walter F. Soule and 2°d by Ellen P.McIntyre,the Board voted to uphold the Building Commissioner's decision,by DENYING the Finding of the party aggrieved. The Board allowed the applicant to keep the free,standing sign for sixty days on the condition that the applicant will come before the Board during that sixty day period requesting a Special Permit from Section 6. Voting in favor of the denial: William J. Sullivan,Walter F.Soule,John M.Pallone,Ellen P. McIntyre,and Joseph D.LaGrasse. Town of North Andover Board of Appeals, William J.Su livan,Chairman I Decision2002-028 N Chi t_7 .J Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Hea1t6 688-9540' Planning 688-9535 Town of North Andover E t4ORTil Office of the Zoning Board of Appeals j 0 T0`411NICLEM Community §- Development and Services Division �--,IDOVER 27 Charles Street North Andover, Massachusetts 01845 CHU Eta 20012 JUIL 2? A 8: 5 q 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. Property at: 1725 Turnpike Street NAME: A.L.Prime Energy,Inc,318B Salem Street, DATE: July 16,2002 Wakefield,MA 01880 ADDRESS: for premises at: 1725 Turnpike Street PETITION: 2002-028 North Andover,MA 01845 HEARING: 7/9/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 9,2002 at 7:30 PM upon the application of A.L.Prime Energy,Inc.,318B Salem Street, Wakefield MA 01880,for premises at 1725 Turnpike Street,North Andover requesting a Finding as a Party Aggrieved of the Building Commissioner's decision that the applicant is in violation of Section 6,Signs and Sign Lighting Regulations of the Zoning Bylaw within the GB zoning district. The following members were present: William J. Sullivan,Walter F. Soule,Robert P.Ford,Scott A. Karpinski,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by Walter F. Soule,and 2°d by Ellen P.McIntyre,the Board voted to allow the petitioner to WITHDRAW THE PETITION WITHOUT PREJUDICE,and resubmit for the August 13,2002 meeting. Voting in favor of the withdrawal: William J.Sullivan,Walter F. Soule, Robert P.Ford, Scott A.Karpinski,and Ellen P.McIntyre. Town of North Andover Board of Ap eals, William J. %1171van,Chairman Decision2002-028 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Description of Finding Requested ApIplicant previously obtained all necessary dimensional variances and a Special Permit from the North Andover Zoning Board of Appeals on June 29, 1999, in order to operate a motor ,vehicle service station/mini mart on the premises (see copy attached hereto). The prior owner obtained a variance from the North Andover Zoning Board for the then existing signs, but never recorded the decision at the North Essex Registry of Deeds and the variance lapsed. The Board of Appeals did not approve the existing two (2) non-conforming signs on June 29, 1999 and they were subsequently removed by the applicant. The applicant filed a sign permit application on or about October 15, 2000 for a single free standing sign with proper set back, proper size and proper lighting. A color drawing of the proposed sign was submitted on October 15, 2000 along with the application. At the time of the erection of the sign the applicant also obtained a wiring permit and foundation permit from the town. The applicant wants to continue to use the free standing sign. 40RTH .. �► of i".. '.+ NORTH hfdJi `,'i:R sS�cr+us¢ i NORTH ANDOVER JUL ✓ 22I`I ' n cc i1u: OFFICE OF ' " ""` THE ZONING BOARD OF APPEALS 27 CHARLES STREET PL Liac:z'= NORTH ANDOVER,MASSACHUSETTS 01845 FAX(978)688-9542 Any peal shall y pp all be filed within(20)days after the date of filing of this notice NOTICE OF DECISION in the office of the Town Cleric. Property at: 1725 Tumpike St. NAME:A'L. Prime Energy, Inc. 319B Salem St. DATE:6/29199 ADDRESS: 1725 Turnpike St. PETITION:019-99 North Andover, MA 01845 HEARING:6122/99 The Board of Appeals held a regular meeting on Tuesday evening,June 22, 1999 upon the application of A.L. Prime Energy, Inc.,319B Salem St., Wakefield, MA for premises at: 1725 Turnpike St., North Andover, requesting a Variance from(Section 6,Signage, P 6.1,6.6 A&D and(Section 7, Dimensional Requirements, P 7.1 lot size&7.3 setbacks)and(Section 8, Supplemental Regulations, P 8.2 Auto Service Station)in order to remove existing motor fuel facility to make it similar and competitive with other businesses located elsewhere in town and along Rte.#114. And for a Special Permit from the requirements of Section 9, P 9.2 to altar existing non-conforming building and add canopy over gas islands and for allowance of 2nd sign within the G-B Zoning District. The following members were present:William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone&Scott Karpinski. The hearing was advertised in the Lawrence Tribune on 5/25/99&6/1/99 and all abutters were notified by regular mail. No persons appeared in opposition to the petition. Upon a motion made by Robert Ford and 2nd by John Pallone, the Board agreed that signage should be in full compliance with Section 6 of the Zoning Bylaw,on the condition according to the revised Plan submitted by Anthony Guba, P.E., Registered Engineer,#32727, dated:April 22, 1999,as per revised drawings:C1, C2,2&3 the Board voted to GRANT a Variance from the requirements of Section 7, P 7.1 &7.3, &7.8 relative to the following: To allow relief of a setback of 100'from Rte.#114,the lot is only 90 feet deep at deepest point; the proposed canopy is only 14'6"from front property line. To allow relief of a setback of 25'plus 15 additional for abutting residential zone from rear line,both the existing building and proposed canopy do not meet these setbacks. To allow for a 15'buffer along property line abutting a residential zone. To allow a 50'setback from residence district,and limit driveways to 30'wide which is not met as existing driveways exceed this,one being 73'and the other being 50'. And to GRANT a Special Permit for Section 9, P 9.2 to allow a canopy(s)diesel and there shall be no signage on the canopy(s). Voting in favor: William J. Sullivan, Walter F. Soule, Robert Ford,John Pallone&Scott Karpinski. Variance The Board finds that 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 Bylaw. BUILDINGS688-9545 CONSERV.AIION 6R`d-9530 NH:�LTH t,SS-9540 !'L:\ �!`. e; 3: Decision for: A.L.prime Energy, Inc.for property at: 1725 Turnpike St.continued 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions,shape,or typography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. i SPECIAL PERMIT The Board finds that the applicant has satisfied the provision of Section 9,paragraph 9.2 of the Zoning Bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing non-conforming structure of the neighborhood. Board of Appeal , William J. Sulli an, Chairman, Zoning Board Appeals I ml/1999decisionl1 W 6 I i I i Page 2 of 2 r s Wcc W J ■mom a a N � a N W Z D a DOUBLE FACED EXTERNALLY ILLUMINATED PYLON SIGN 4'X12'-6"FABRICATED ALUMINUM SIGN CABINET WITH REFLECTIVE YELLOW SCOTCHLITE BACKGKOUNO WITH BLUE SCOTCHLITE GRAPHICS& 15"CONDENSED BLACK NUMERALS INSTALL ON EXISTING SIGN POLE SEE COPYRIGHT NOTE BELOW—---- yT�� CUSTOMER SCALE a SKETCH n SALESMAN APPROVAL D BATTEN BROS. JOB DESCRIPTION �•BATTEN DATE �i 19 02 By x.�A- N Sign Advertising NM This Is an original copyrlgtd drawing created by and owned by Batten Bros.,Inc. It Is submitted for your personal use In s_ connection with a project being planned for you by Batten Bros.,Inc. 893 MAIN STREET, WAKEFIELD, MA 01880 LOCATION CITY,STATE B U not to be shown to anyone outside your organisation,nor Is It to be used reproduced,copled,or exhibited In any fashion. (781) 245-4800 Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters Listing 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 p and use black ink.) print clearly, MAP PARCEL NAME ADDRESS , Zc ABUTTERS PROPERTIES h MAP +i PARCEL NAME ADDRESS � _ /®7 6 No cry Anda„ 7ri4 n /�, 1 EYI l3 ; � (titin im_ o f `Yll.9✓t�ac�w'f�i`r — ��h fl.Uclovyr Yl!!,� ol�� .���,na �,t of Fri �C �3asnou mid} O.��aa. 0/3 LOJY-4 1 --70h9v r, F avm �1�76 f�z�� Jr fr gs� � 9S PmcfA /1,ud avw 107 r3 tio��h A�zlovsrt, A4 f.o7/3 /a,3 Tlaonv�.a s PAMI-CIA* FI Na d9 o[omri9L AoFw[ THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGN PAGE OF OWfied by4Nnfhl Q- Z L tifie Date �0 DMZ B of Assedover Bo d of Assess N Andover