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Home My WebLink AboutMiscellaneous - 11 BAYFIELD DRIVE Town of North Andover E NL90 , O ttlEO � M Office of the Zomn Board of Appeals o Community Developme � ices Division 27 Charles: 60p 0+ North Andover,Massachusetts-01845 'ss�c►ws D. Robert Nicetta i0U,4 JAIL I � A 8: l'? Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date t3 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 41845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit,- C rehensive Permit(40B)' Finding for property located at: STREE"! TOWN: TO MEETING DATE(S): \p ' NAME OF PETITIONER- Signed: Petitioner(or petitioner's representative) WAIVER 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 NORTF, ?oto,,..°�•+,�oo Office of the Zoning Board of Appeals b comm-mW"! ty Development and Services Division ♦ i +� F f, 0 t_ 27 Charles Street ` +. :r "D North Andover,Massachusetts 01845 C,ws� ` 2Tele hone 978 D. Robert Nicetta P ( )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 at: for property at: 11 Bayfield Drive NAME: Konstantinos&Rowena Balos, HEARING(S): 11-18,2003,1-13&2-10-04 66 Meadowood Road,North Andover,MA ADDRESS: for property at: 11 Bayfield Drive PETITION: 200-037 North Andover,MA 01845 TYPING DATE: 2/12/04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,the 10`h of February 2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover upon the application of Konstantinos&Rowena Balos, 66 Meadowood Road requesting a Finding from Section,4,Paragraph 4.132 and Section 10,Paragraph 10.4 of the Zoning By-law to reverse the Building Commission's opinion that Materials Installations,Inc. 11 Bayfield Drive,North Andover,MA are in compliance with the Zoning By-law and the Planning Board Special Permit of August 31, 1987. The said premise affected is property with frontage on the North side of Bayfield Drive within the I-I zoning district. The legal notice was published in the Eagle Tribune on November 3& 10,2003. The following members were present: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard D.Byers. Upon a motion by Joseph D.LaGrasse and 2nd by Richard J.Byers,the Board voted to uphold the Building Commissioner/Zoning Enforcement Officer's letter of August 25,2003 and DENY the Finding of the party aggrieved for the following reasons: 1. The Planning Board Special Permit of August 31, 1987,time stamped by the North Andover Town Clerk on September 03, 1987 does not place a definite hourly time of operation for Materials Installations,Inc., 11 Bayfield Road in the Conditional Approval of the Site Plan Review. 2. The Planning Board decision of 1987 does not place any restriction on the type of business Materials Installations,Inc.conducts at the Industrial-I site. In fact the August 3Ist decision gave the business permission"to expand the assembly and five storage areas in an existing building by 18,200 square f)W'. 3. In 1987 and presently the North Andover Zoning By-law does not address hours of operation. 4. In 1987 and presently the North Andover Zoning By-law does not address"noise levels"in any zoning district. 5. The Building Commissioner/Zoning Enforcement Officer's site visit found that Materials Installations had conformed to Paragraph 5 of the Conditional Approval. 6. The Zoning Board has no authority to modify a Planning Board decision. 7. The Zoning Board has no authority to order the Building Commissioner/Zoning Enforcement Officer to act outside North Andover By-laws. Voting favor of the denial: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard D.Byers. Town of North Andover Board of Appeals, Walter F.Soule,Acting Chairman Decision 2003-037. M25P73. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 l Town of North AndoverNORTH Of�t�ep •1'V Office of the Zoning Board of Appeals _ Community Development and Services division � 6 w 27 Charles Street * ^' Argo ' .4 3 5 North Andover,Massachusetts 01E45 �cHu D. Robert Nicetta Telephone (978)688-95, Building Commissioner Fax (978) 688-9! 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 North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance w rt_ Special Permit- comprehensive ermitcon rehensive Permit 40B - ... in ing C3 > rn c� �y for property located at: cn STREET: a ► l d r TOWN: dyik �Q UQ� TO'MEETING DATE(S): NAME OF PETITIONER: - y9 r3 �_CN�`J P2 G'S Signed: Petitioner (or petitioner's representative) WAIVER Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 013 7 T 0 '%V N O V N O It 'I' ll A N 1) O V I✓ R RECEIVED Al A S S A C it U S l T I' S 13AHIEL LO`G NOM H t,tit.)NER 01 Mai l? 12 1s F4 '88 Any appeal shalt be filed � .. within (20) days after the ra date of filing of this Notice , in the Office of the Town NOTICE OF oEcls 10t4Clerk. Date . . .May 17, 1988. . . , . . May 12, 1988 Date of Hearing Petition of Cha .> uildang. . . . . . . . . . . . . . . . . . . . . . . . . �: Premises affect d . . . t l .$ayf:�e,ld, Mjter;ial Installation . , . . . . . . . Referring to the above petition for a speci€il permit from the requirements of the . . , North.Andover Zoning, B�law. .Seetion 8.3. so as to permit . , , , , the .construction• of. an�addition to an existing building . . . . . . 18,200 square feet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing givctt on the above date, the Planning Board voted to ,ACCEPT . . . . . . . . .tile _WITHDRAWAL WITHOUT PREJUDICE . . . . . . . . . . . . . . Wised upon the following conditions: cc: Director of Public Works Board of Public Works Highway Surveyor Tree Warden Board of Health Signed Building Inspector pa 1 A., Hed t Conservation Commission q +s• QT, q 1xruan . . . . . . . Assessors George Perna Vice-Chairman Police Chief . . . . ?. . . . Fire Chief Applicant John Simons, . Clerk. . . . . . . . . . . . . . Engineer Erica Nit2sche. . File . . . . . . Interested Parties z 'd O8•bEL888LG OWI OOSSd 3h3W SUWOHl esz : ti co LT idd