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Home My WebLink AboutCorrespondence - 1003 OSGOOD STREET 2/11/2005 Town of North Andover Of NORTH `Office of the Zoning Board of Appeals ti y Community Development and Services Division * i 400 Osgood Street 7 +�AgTFP-�y - North Andover,Massachusetts 01845 1SS�CHUS�i D. Robert Nicetta Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 February 11,2005 Ms.Christina Minicucci,Project Manager Thomas Properties,LLC P. O.Box 907 North Andover,Massachusetts 01845 RE: Thomas Properties,LLC For premises at: 1003 Osgood Street North Andover,Massachusetts 01845 Regarding your request for a six(6)month extension of your Variance: Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises affected at 1003 Osgood Street,North Andover,Massachusetts,reference attached decision 2004- 005. The Zoning Board of Appeals voted to extend for a period of six-months the Variance granted by the 2004- 005 decision to and including September 23,2005(without the extensions,the variances would expire on March 23,2005-one year and 20 days after the filing in the Town Clerk's office,taking into account the appeal period.)at the regular February 8,2005 meeting upon a motion by Richard J.Byers and 2°d by John M.Pallone. Mass.Gen.L.,ch.40A, §10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not to exceed six months". Voting in favor: John M.Pallone,Ellen P.McIntyre,Richard J.Byers,Thomas D. Ippolito,and David R. Webster. Town of North Andover Zoning Board of Appeals, Ellen P.McIntyre,Nair 2004-005. M35P50. cc: Town Clerk ZBA file 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 N0 TM , t,�.° ti Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 ,S3AC USEt 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 2004 date of filing of this notice in the office of the Town Clerk. Pro e!. y at: for premises at: 1003 Osgood Street NAME: Thomas Properties,LLC,231 Sutton Street HEARING(S): March 9,2004 ADDRESS: for premises at: 1003 Osgood Street PETITION: 2004-005 North Andover,MA 01845 TYPING DATE: 03-11-04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at 7:30 PM upon the application of Thomas Properties,LLC,231 Sutton Street,North Andover,for premises at: 1003 Osgood Street,requesting a Variance from Section 7,Paragraphs 7.3,7.4,& Table 2;for the front setback and building height of the existing structure;and a Special Permit from Section 9,of the Zoning Bylaw in order to extend the existing structure by constructing a proposed 1 story addition on a conforming lot. The said premise affected is property with frontage on the East side of Osgood Street within the Business 2(B-2)zoning district. The legal notice was published in the Eagle Tribune on February 23 &March 1,2004. 4321 The following members were present: Walter F. Soule,Ellen P.McIntyre,Joseph D. LaGrasse,Joe E. Smith,and Richard J.Byers. Upon a motion by Joseph D.LaGrasse and 2d by Richard J.Byers,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 18' from the front setback and a dimensional Variance from Section 7,Paragraph 7.4 and Table 2 of the Zoning Bylaw for relief of 12' in height of the existing structure per Existing Conditions Plan, Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover,MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845 sheet no.2 of 9,and Site Development Plan,Lakeview Farm,.Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover, MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845, sheet no.3 of 9,Date:August 12,2003,by Frank C.Monteiro,Registered Professional Civil Engineer#36341 and Christopher Francher, O.L.S.#36116,dated 2/9/04,MHF Design Consultants, hie., 103 Stiles Road, Suite One,Salem,New Hampshire 03079 and Project:Northpoint,Osgood Street,N.Andover,Project no:0211.00,Date:08/15/03, 10/07/03,Revisions: 02/06/04,drawn by: ERG and checked by: JJW,Woodman Associates Architects,20 Inn Street,Newburyport,MA'" 01950,drawing nos. A-1,A-2,and A-3. Pagel of 2 Board of Appeals 978-6$$-9541 Building 97$=688-9545' Conset ii 97,8-688-9530'H6alth 978.688-9540 Planning:978-688-9535 Town of North Andover 14ORTI1 O'4��.o r�gti Office of the Zoning Board of Appeals ;_ •�°' ° Community Development and Services Division 27 Charles Street " +. °' North Andover,Massachusetts 01845 'ss„CHUsEt D. Robert Nicetta Telephone(978).688-9541 Building Commissioner Fax(978)688-9542 Upon a motion by Richard J.Byers and 2 a by Joe E. Smith,the Board voted to GRANT a Special Permit from Section 9 of the Zoning Bylaw in order to allow the extension of the existing structure by constructing a proposed 3 story addition per Existing-Conditions Plan,Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover,MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845 sheet no.2 of 9,and Site Development Plan,Lakeview Farm,. Assessors Map 35 Lot 50, 1003 Osgood Street,North Andover,MA 01845,prepared for:Thomas Properties,LLC 231 Sutton Street,North Andover,MA 01845,sheet no.3 of 9,Date:August 12, 2003,by Frank C.Monteiro,Registered Professional Civil Engineer#36341 and Christopher Francher,O.L.S.#36116,dated 2/9/04,MHF Design Consultants,Inc., 103 Stiles Road,Suite One, Salem,New Hampshire 03079 and Project:Northpoint,Osgood Street,N.Andover,Project no: 0211.00,Date: 08/15/03, 10/07/03,Revisions:02/06/04,drawn by:ERG and checked by:JJW, Woodman Associates Architects,20 Inn Street,Newburyport,MA 01950,drawing nos.A-1,A-2, and A-3;on the condition: 1. The project shall connect to the Town sewer. Voting in favor: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw;rather it will preserve a nineteenth century farmhouse and barn. Also,the applicant has satisfied Section 9,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 notice,and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision 2004-005. M35P50. Page 2 of 2 Boar&of ApOeals 97 88-954- ildihs 978.688-9545 Conservation 978-688-9530 Health 978-68&9540 Planning:978-688-9535 tihF>o�w��i Town of North Andover Office of the Planning Department ` Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 Town Planner hitp.//www.townofnorUwdover.com P (978)688-9535 Lincohi D,.0(,) F (978)688-9542 MEMORANDUM To: North Andover Planning Board From: Lincoln Daley,Town Planner Re: 1003 Osgood Street—Site Plan Review Special Permit Modification Watershed Special Permit Modification Date: March 14, 2005 Proposal: The applicant is before the Planning Board this month to request a modification to the January 12, 2004 Site Plan Special Permit, General Condition C which states: "The soccer field shall be available for public use as agreed upon by the Town of North Andover Fields Committee and the Owner. Because the parking associated for office use will also serve the soccer fields, use of the soccer field will be limited to the following hours:Monday through Friday 5:30pm to dusk, and Saturday/Sunday 8:00am to dusk. This site plan review approval shall not be construed as an agreement for use of the fields. Any agreement shall be negotiated between Town and the owner, and may be subject to renewal on an annual basis as agreed upon by both parties." and language within the Watershed Special Permit discussing the youth soccer field and residual parking. In lieu of the youth soccer field,the applicant will provide an in-kind gift in the amount of$25,000 to the North Andover Youth Services for the purpose of improving and restoring current athletic fields in Town. With the exception of the condition to remove the youth soccer field, the approved Site Plan Special Permit and Watershed Special Permit will be unchanged. History: ➢ The Planning Board approved the Special Permit/Site Plan Review on January 12, 2004 for the renovation and expansion of the existing structures at 1003 Osgood Street (Assessors Map 35, Lot 50). The renovated structures will accommodate approximately 13,000 square feet of office space and four (4)renovated apartments for a total building size of 17,843 square feet. As part of the conditions,the applicant would construct a youth soccer field in the open space portion of the lot. ➢ Planning Staff met with Mark Rees and the North Andover Youth Services to discuss the in- kind gift in lieu of the constructing the soccer field. The North Andover Youth Services stated that the proposed soccer field would be too small and not adequately serve its members. In their discussions with Lou Minicucci, the construction of the soccer field would cost approximately$18,000. Mr. Minicucci is offering the Town$25,000. The proposed BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 $25,000 would allow the organization to upgrade and maintain current athletic fields around Town. All parties were amenable to the amount and propose use of funds. Mr. Rees recommended that the Town agree to estimated construction costs ➢ The Town Planner met with Lou Minicucci to further discuss the modification. Mr. Minicucci stated that the modification removing the soccer field condition would make the property more marketable if sold in the future. Further,the in-kind gift would provide the Town needed funds to renovate and improve current fields in North Andover. It is Mr. Minicucci's intention to protect the open space area from further development. The open space will remain in its current natural state. Review&Recommendations: ➢ The proposed modifications to the Site Plan Special Permit and Watershed Special Permit do not alter or reconstruct existing structures and will not have a significant impact both within the site and in relation to adjacent properties and streets, on pedestrian and vehicular traffic,public services and infrastructure,environmental,unique and historic resources,and abutting properties. The proposal addresses the community needs by providing an in-kind contribution that exceeds the projected costs of constructing a youth soccer field for the purpose of renovating and improving existing athletic fields in North Andover. As such,Planning Staff supports the modification,to both the Site Plan Special Permit and Watershed Special Permit ➢ The Town and the applicant are amenable to the in-kind contribution amount and the purpose for such funds. ➢ The applicant will need to clarify how the area designated for the youth soccer field will be permanently preserved as open space and that the language be incorporated into the final decision. w_ C 0 0 (D a atz = c (D w 0 cn =3 a a (DD COL D x �« a) � 9 � � =3 -I a v 4 a- ro a - ® a p =° t i i ® 0 N W 0 fi CL CD C) a a to D uZ < c(D w �' cn O ,� a O ®® (DD o a c a CL CL c u co o m c �• O m m 3 `" CD n n a CD ;E OL � o v s a � c �(D (D :E M (D a a1 3 ( "' a (D a ca-� Q a US CL 0,1 m (D !D @D a CL =1 3 Cl . N d O a N