The URL can be used to link to this page

Home My WebLink AboutCorrespondence - 485 ANDOVER STREET 3/17/1998 0H ICE OF 0 COMMUNITY' DEVELOPMENT' AND SERVICES 30 School Street North Andover, Massachusetts 011145 WILLIAM J. SCOYF �ACh4US Director Larch 17, 1998 Memorandum r To: Kathleen Bradley Colwell, Town Planner From: Robert Nicetta, -� Building Commission r,- Re: 485 Andover St. - Parking It is my understanding that Attorney Peter Caruso appeared before the Planning Board regarding parking issues at 495 Andover Street. I would like your office to provide me with any decision and minutes pertaining to this address along with any signed Special Permits, and site plans. If you have any questions please cell me. Thank you for your attention in this matter. BOARD OF APPEALS 688-9541 BUI,LI3ING 688-9545 CONSERVXHON 688-9530 HEAL,' H 688-9540 PLANNING 688-9535 , U f. LAW OFFICES PETER J. CARUSO ONE ELM SCUTARE ANDOVER,MASSACHUSETTS 01810 PETER J. CARUSO TEL: (978)475-2200 R).CARUSO II F FAX:(978)475 10 01 PETE ebruary 19;198 Mr. Robert Nicetta, Building Inspector rl Town Hall _ 6 frrr°F Main Street North Andover, MA 01845 n Re: 485 Andover Street Plan Review-Parking Dear Mr. Nicetta: I have received your February 18, 1998 letter reviewing the revised site plan for 485 Andover Street. I do not believe you compared this January 20, 1998 Plan with the previously submitted Plan. And you could not have matched this Plan with your comments dated December 24, 1997 (a copy of which are enclosed). The January 20, 1998 Plan responded point by point to your December 24, 1997. denial: 1. This January 20, 1998 Plan does conform to Parking Regulations. The Building Area contains 1,9Q0 square feet as identified on said Plan and the Town Assessor's Office has a measured interior area of 1,596 without the garage (see enclosed). There are 13 parking spaces shown on this plan each 18 feet long. Also, there is a 25 foot driveway to access these spaces. The following are f>.Irther revisions to the December Plan which do conform to Town By-Laws, 2. The Planning Board reviewed this Site flan onDccember 18, 1997, and approved the revised driveway utilizing the easement on the adjacent property. A copy of the approval letter is enclosed. 3. The Site Plan was originally stamped by Joscph D. LaGrasse, a certified architect, pursuant to your By-Laws Section 8.3, Para. 5 (c); and is deemed the official plan for the site under By-Law Section 8.3, Para. 4 (a) and 7 (a) (i). 4. The Zoning Board of Appeals has already signed a substantially identical plan showing spaces and the Andover/North Andover boundary line. The Zoning Board of Appeals endorsed Plan is recorded at the Registry of Deeds as Plan No. 11640. A Copy is enclosed. My Client is perplexed why Walter Soule, an original endorser, and others now refuse to recognize this endorsed and recorded Plan. Page 2 5. The revised Site Plan defines in exact measurements the scope of the easement, the two easements are, Parcel A and Parcel B, and the exclusive right to use area. 6. There are no parking spaces crossing the Andover/North Andover boundary line. 7. The location of the 5 spaces at the rear of 477 Andover Street is allowed by easement (which will be recorded simultaneously with this Plan and which you have a complete copy) and have been approved by the Planning Board. 8. The buildings located on 477 Andover Street bear no relation to the 485 Andover Street building permit req�wst. There is no authority to consider abutting buildings for our lot. 9. Attorney Joseph Mahoney representing Ansel Realty Trust and I have agreed on an Easement. A copy of the Easement has been submitted to you and the Boards. 10. An engineer or surveyor has not endorsed this site plan until you have reviewed this revised plan. The intent of my submission to you was for your comments in light of the many planning, zoning and building meetings already held. It is difficult to understand why you do not view this revised site plan as significantly different from the original plan which you denied in December. What more do you want from my client? Your February 18, 1998, denial lacks any explanation. Lastly, and significantly, the only reason this site needed to go back before the Board of Appeals was the garage's proximity to the side yard which was 15 feet and not 25 feet. This has been cured by the Easement. The real focus of this one issue has been missed. Please see the enclosed endorsed recorded plan. —� Vcry tru y y _- Peter J. Caruso Encs. Cc: Robert Halperin, Town manager William Scott, Directors Kathleen Colwell, Town Planner John Leeman, Board of Selectmen Daniel Murphy, Esq. Purchaser TOWN OF NORTH ANDO 4 R OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 30 SCHOOL STREET NORTH ANDOVER, MASSACHUSETTS 01845 QNTw William J. Scott Q�,.,.o bgao Telephone(978)688-9531 Director 0 688-9542 ' r 1 , a i m 19 CH V February 18, 1998 Peter J. Caruso, Attorney at Law One Elm Street Andover MA 01845 Re: 485 Andover St. - Submitted Plan Dear Mr. Caruso: I am in receipt of your letter dated February It, 1998. The site plan you submitted dated January 20, 1998 and drawn by Joseph D. LaGrasse&Associates, Inc.,Architects did not have a written request for any type of action or review. The Zoning Board of Appeal (ZBA)on January 14, 1998 heard petition 4047-97 in which you aggrieved the Building Commissioner's denial of the parking plan submitted for 485 Andover Street, The ZBA upheld the decision of the Building Commissioner. The site plan dated January 20, 1998, as submitted, is not significantly different from the original plan and is hereby denied. Very truly yours, Robert Nicetta, Building Commissioner RD:jm cc: Robert Halpin,Town Manager William Scott, Director Kathleen Colwell, Town Planner FAX 2/IN/9%475-1001 BOARD OF APPE,kLS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 I-ILALTI-1688-9540 PLANNING 688-9535 120 MAIN ST. 120 MAIN ST. 30 SCHOOL ST. 30 SCHOOL ST. 30 SCHOOL ST. Town of North Andover cf HSWA ORTH , OFFICE OF s'� a`�`�" '°•ti�0 COMMUNITY' DEVELOPMENT SERVICES p t , 30 School Street ��°� .•^; North Andover, Massachusetts 01845 �,`° WILLIAM J. SCOTT sSACNUS�t Director January 26, 1998 Mr. Peter Caruso One Elm Square Andover, MA 01810 RE: Zoning Board of Appeals Easement Request @ Andover Street, North Andover, MA. Dear Mr. Caruso: On this date, and per the request of Mr. Robert Nicetta, I inspected the above referenced property in order to assess potential wetland resource areas subject to jurisdiction under the Massachusetts Wetland Protection Act (310 CMR 10.00) and/or the North Andover Wetland ByLaw and Regulations (C. 178 of the Code of North Andover). Admittedly, the heavy snow cover made for a difficult evaluation but it appears as though a small wetland resource area exists along the north/north-east property line within 100' of the proposed common driveway and parking spaces. I could not locate a culvert or associated catch basin which would convey the hydrology of this wetland to a larger resource area just west of the Town limits; thus my best guess is that the area in question is isolated. If this resource area is indeed isolated than I do not believe it would be protected under the Act. However, the Commission may assert jurisdiction at the local level under section 11(p.5) of the North Andover Wetland Regulations which defines the parameters of an isolated, freshwater wetland. Prior to initiating any work on-site I would advise you to seek the input of a qualified Wetland Biologist and file a Request for Determination of Applicability with the North Andover Conservation Commission (NACC). I have enclosed a permit application and a copy of upcoming public hearings. CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDINGOFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET Town of North Andover NORTPI «to � OFFICE OF Of 3� COMMUNITY DEVELOPMENT AND SERVICES 0 p 30 School Street •" WILLIAM J. SCOTT North Andover,Massachusetts 01845 SSACHUS�� Director December 18, 1997 Peter Caruso, Esq. I Elm Square Andover, MA 01810 Re: 485 Andover Street Dear Mr. Caruso, Thank you for appearing before the Planning Board on December 16, 1997 to discuss the proposed changes to the site plan approved for 485 Andover Street. The Board has approved the revised driveway utilizing an easement on the adjacent property. If you have any further questions please do not hesitate to call me at 688-9535. Very truly yours, Kathleen Bradley Colwell Y Town Planner cc. R.ROwen,Chairman,Planning Board i CONSERVATION-(978)688 9530 ° HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDING OFFICE-(978)688-9545 • .*ZONING BOARD OF APPEALS-(978)688-9541 ° *146 MAIN STREET 12-03-1997 08:37AM FROM '.NJ OFFICES PETER CARU aO TO 6889542 P,01 LAW OFFICES PETER J. CARUSO ONE EUM SWI ARE ANI OVM MASSACHUSFY-1"S 01810 PETER.J.CV'ARUSO °rEL,(08)475-,'-'200 PETER.J.CARUSO II FAX.(508)475-100 Of Lj December 2, 1997 Planning Board Town of North Andover North Andover, MA ON45 RE DAME RE,ALTY TRUST `I Andover Street Dear Board Members: On behalf of DAME Realty Trust, 1 request to be heard as a discussion agenda item at your December 16, 1997, Board Meeting. Although this matter has been before the Board several years ago,we now have a proposed expansion of the driveway in response to concerns of the Board of Appeals. Also,we are proposing additional off street parking. Thank you for your consideration of this request. Since , Pete 13fuso PT /pjcii. TOTAL.. P.01