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HomeMy WebLinkAboutMiscellaneous - 400 OSGOOD STREET wOMTN TOWN OF NORTH ANDOVER SPECIAL PER ' If,E ZONING BOARD OF APPEALS NAME �> �. �f �` ADDRESS OF APPEALS F cl�Time Stamp Procedure & Requirements for an Application for a Special Permit Ten (10)copies of the following inforrnation must be STEP 6: SCHEDULING OF HEARING AND submitted thirty QQJ days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specificfor publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersedethem. The cost of the Party in Interest fee. petitioner will complete items that are underibned. STEP 7• DELIVERY OF LEGAL NOTICE TO' STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2• SPECIAL PERMIT APPLICATION FORM BOARD OF APPEALS: Petitioner completes an application form The to petition the petitioner should appear in his/her behalf, or be Board of Appeals for a Special Permit. All information lei as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information if has received to date. Petitioner submits all of the required plan information as STEP 9• DECISION:: cited in Section 10 page 4 of this form. After the hearing,a copy of the Board's decision will.be STEP 4• LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty(20)days after the decision is filedwith the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 1b1 RECORDING THE DECISION AND PLAN8 Petitioner submits one(1) original and 10 Xerox copies of all the required information to the Town Cleric's Office The petitioner is responsible for,recordmg certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St., Lawrence MA, and shall complete the Certification Zoning Board of Appeals secretary. of Recording,form and forward it to the Zoning Board of Appeals and the Building Department.. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 400 Osgood Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 978-688-9542 fax for all Community Development offices 978-688-9545 Building Department 978-688-9501 Town Clerk's Office E 978-688-9541' Zoning Board of Appeals Office 978-688-9566 Assessor's Office DEC 1u2005 , PAGE 1 of 4 �{ BARD OF APPEALS PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT PP � North ANDOVER ZONING BOARD OF APPEALS r. 1 1. Petitioner: Name, address and telephone number. '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: ill<a#" ��.��.s�c� r!,976') eoF? -,f9o-7 -1/U O ©.r o a d S&. A✓• '�dover, »1� o j��� Years Owned Land: 3. Location of Property: a. Street:440 62-r9 Zoning District '" b. Assessors: Map numberber: c. Registry of Deeds: Book Number 5-i3/ Page Number: 4. By-Law Sections under which the petition for the Special Permit is made. /Z Z L"9) t16) , f� Z C17Z' Z-4 -7,1,":Z "Refer to the Permit Denial and Zoning By4_aw Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: /f/^�•ar u✓'� o Gle.r Liar(('++ Gy r� l?eatde� aCd Or01-1 hr�l e.-1 (/�C i Jr! Lf,. �Z Z �9/ <� Vt c '�/o •7 �/9+-Z� 6 7 C L!� -�6/l�s� /7 c:_ Lc+'-e.�J.. T/7, �e4u`� io✓l c�cc1 ny Clic.-y fa.- �4l� i�/a�7cf c�u✓�— a !' C f A/L C C+f 'C r G !v! /.'! 9 .?,e C / C/C y♦ �/�G//'7 /rs Q �Lt G�cL.� e- *The above description shall be used for the purpose of the legal notice and deelsion. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o� z04, 2/ % 37P.-/7 27 /,f71 j9,-el 137.2 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o� 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft., Coverage Feet Spaces Front� Side A, Side B Rear 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building' of Units" 30 ,500 1 3 , rlo0 E , *Reference Uses from the Zoning Bylaws&Table 1. "*State number of units in building: 7B. Proposed Building(s): IvIt Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units" "Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 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 filled 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 Board Rules and Regulations may result in a dismissal by the Zoning Board of his application as incomplete. Signature GJ 1 � Type above name(s) here c,, 13 4 NN `'^ PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Special Permit must be supported by a 1) Size of plan: Ten (10) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"W", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special In One(1)Mylar. Permit from the requirements of MGLA ch.40A, and the IED Plan prepared by a Registered Professional North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor,with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points, 14,are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: A Site Orientation shall include: 1.The particular use proposed for the land or structure. 1. north point 2.The specific site is an appropriate location for such 2. zoning district (s) use, structure or condition. 3. names of streets 3.There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property,within 300' radius 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure 5.The use is in harmony with the purpose and intent of t 7. deed restrictions, easements. Zoning Bylaw. m Legend&Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed features in solid lines&outlined in red required by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made (i.e.the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Tale of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record, and designer or Each application to the Zoning Board of Appeals shall surveyor. be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days Minor projects,such as decks, shads,and garages,. prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals, an. asterisks(*). In some cases further information may be required A set of building elevation plans by a Registered Architect may be required when the application 11. APPLICATION FILING FEES involves new construction/a conversion/and/or a A. Notification fees:Applicant shall provide a proposed change in use. check or money order to: "Town of North Andover- #022-1760-4841"for the cost of first class, certified, 10 A. Major Projects return receipt($4.42 as of November 2003)x#of all 1 Major projects are those which involve one of the parties in interest identified in MGLA ch. 40A§11 on the abutter's list for the legal notice check. Also,the following whether existing or proposed: I)five or more parking spaces, applicant shall supply first class postage stamps ies II)three (3) or more dwelling units, abutter's y ist for the decisionrtmailingnterest on the 1 III)2000 square feet of building area. B. Mailing labels:Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8"(3 copies Major Projects shall require that in addition to the above for the Legal mailing and one copy for the Decision features, plans must show detailed utilities, soils, and mailing). topographic information. C. See 2005 Revised Fee Schedule. 4444 A Special Permit once granted by the ZBA will lapse in 2(two)years if not exercised and a new petition must be submitted. w TO: North Andover Zoning Board of Appeals FROM: William Giles Jr. 25 Sunrise Drive Bradford, Ma 01835 DATE: December 14, 2005 The following addresses points 1 through 6 of item 9, of the Special Permit Form. 1. The particular use of the land or structure I am requesting to use 5000 square feet of the existing structure at 400 Osgood Street, North Andover, Massachusetts for a one-on-ane hockey-training center. The training center is a "Puckmasters" franchise,which will be owned and operated by William Giles Jr. Puckmasters concept utilizes accelerated learning techniques to teach hockey skills to youth hockey players via. 30-minute one-on-one training sessions. Puckmasters has developed several different programs from a basic 48 skills program to position specific mastery programs. Students referred to as members come to Puckmasters every week to work on their skills with a personal coach. What makes Puckmasters unique is that the sessions are taught on personal size synthetic ice rinks. The training sessions will be offered "by appointment only"which means there will be no traffic-generating walk-in trade. The facility will conduct training during the week from mid-afternoon to early evening hours and on the weekends during the day. Typically two one-on-one training sessions are taught simultaneously on the rink surface. Larger group training of 4-6 members would be offered during the weekend hours. The proposed training center will consist of one 30x70 synthetic ice rink, small office, conference room, two changing rooms, coach's room and an existing bathroom. Weekday parking requirements during simultaneous one-on-one sessions would consist of 4-5 spaces including the coaching staff on duty. Drop-off situations would also be prevalent thus reducing the number parking spaces being occupied. As stated previously, larger group training would be performed on weekends, as parking appears to be ample during that time period. 2. This specific site is an appropriate location for this use Warehouse type space is the most logical and appropriate use for this hockey- training venture. The requirements are typically first floor, open space and high ceilings. This criterion is difficult to locate in other buildings where office space is the primary use. Furthermore, a precedent was set by the zoning board for two other educational/training businesses located at 400 Osgood Street North Andover. On December 19, 2000, Paul K. Soucy of One-to One Strength Training was granted a Special Permit by the North Andover Zoning Board of Appeals to operate an educational facility offering physical conditioning and health management. The petition number was 042-2000. (See attached "Notice of Decision" on behalf of Paul K. Soucy) Additionally, on July 21, 2004,Julie Paige Gediman of The Paige Conservatory of Performing Arts was also granted a Special Permit to operate an educational facility offering performing arts study. The petition number was 2004-019. (See attached "Notice of Decision" on behalf of Julie Paige Gediman) It is evident that Puckmasters is compatible with both Mr. Soucy's venture as well as Ms. Gediman's in that all three businesses fall under Section 4.122 (9) (b), a for-profit educational facility requiring a special permit. 3. There will be no nuisance or serious hazard to vehicles or pedestrians The structure at 400 Osgood Street is set back approximately 150 feet from the road. The nature of the business described above will in no uncertain terms affect the surrounding neighborhood or be a nuisance to vehicles or pedestrians. Under the current use as a warehouse, the potential for an increase in the amount of large trucks accessing Osgood Street is probable. This potentially could have an adverse effect on the neighborhood. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use Improvement of the proposed facility will be in accordance with the building regulations of the Town of North Andover. Prior to any build out, a building permit shall be obtained. F As indicated by the submitted floor plan drawings, the addition of a small office, conference room, two changing rooms and a coach's room will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of the Zoning Bylaw Puckmasters is a very unique hockey training facility, as it is one of the first one-on-one hockey training franchises founded in 1993. The training and educational format satisfies the use and is in harmony with the purpose and. intent of the Bylaw Section 4.122 (9) (b). 6. Specific reference and response to the criteria required by the particular Special Permit for which the application is made The facility will use the existing lot and building. A response to this criterion is "not applicable". r Town of North.Andover -sof Office of the Zoning Board of A ,. Community Development and Servi �. 27 Charles Street North Andover,Massachusetts 0184 C D. Robert Nicetta L;: 'ci Building Commissioner 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. PmPertY at: fOr Pvamises at:400 O Street, NAME: Julie Paige Gediman,8 Hitchcock Farm HEARING(S): July 13,2004 Road,Andover,MA ADDRESS: for prar ses at:400 2good Street, PETffION: 2004.519 North Andover,MA 01845 TYPING DATE: July 21,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 13,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Julie Paige Gediman,8 Hitchcock Farm Road,Andover,MA,for premises at:400 Osgood Street,Nath Andover,requesting a special Permit from Section 4,Paragraph 4.122.9(b)and Table 1,and Section 9, Paragraph 9.2 of the Zoning Bylaw in Order to allow a non-conforming use in a portion of a pre-existing building. The said premise aRected is property with frontage on the West side of Osgood Sveet within the R- 4 4 zoning district The legal notices were published in the Eagle Tn'bune on June 28&July 5,2004. The following members were present: John Ni Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J. Byers,and Albert P.Manzi,III. Upon a motion by John M.Pallone and 2'd by Richard J.Byers,the Board voted to GRANT a Special Permit from 4.122.9(b)and Table 1 of the Zoning Bylaw to allow The Paige Conservatory of the Performing Arts to use a portion of the pre-existing building at 400 Osgood Street for classes in dance,acting,and musical theater per Bannister Building Tenant#2 North Andover,MA,Floor Plan/Tenant 92 Plan,red outlined Proposed Paige Conservatory,Drawing,No.:A-101,by Jensen Stenbak,Architecture and.Interiors,4 Auburn Road,Londonderry,New Hampshire 03053 and Plan of Land:400 Osgood Street,Lot 94-1—North Andover,Massachusetts Owner:400 Osgood Street,Nominee Trost,c/o William Bannister,380 Winter street,North Andover,MA 01845-140,vol.5131;pg.214,(July 30, 19981 Date:June 09,2004,Project no. 98-0811-1 by David C.Liukkonen,R.P.E. 929381,Keach-Nordstrom Associates,Inc., 10 Commerce Park North,Suite 3B,Bedford,.NH 03110. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard I Byers,and Albert P. Manzi,III. The Board finds that the applicant does not require a Special Permit from Section 9,Paragraph 9.2;private, for-profit educational facilities are allowed in R-4 with a Special Permit. Also,the Board finds that the applicant has satisfied the provisions of Section 4.,Paragraph 4.122.9(b)ofthe zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing usage(temporary Town Hall)to the neighborhood and that the student age and maximum class size of 14 will not require more than the existing 25 parking spaces. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 973.688-9530 Health 978-6889540 Planning 97&688-9535 Z 'd 2*b96889BL6 83AoaWti H1210W e T£ : T I 90 LI AoW Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 1 i 27 Charles Street �►,;• •• ` North Andover,Massachusetts 01845sa•+cr D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 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, Ellen P.Melntyre,Chair 2004-019. M94P1. Page 2 of 2. Board of Appeals 978-688-9541 Building 978.688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 err ' ZtrS68t396L6 83AOQNti HISON e I E s I I SO LI ^ON Town of North Andover RECEIVED Office of the Building ]Departm lOTQ,Ml ty Development and Services c *-e 4C NORTH ANDOVER WiWam J.Scott, Division Director p(� F 27 Charles Street D. RoI,4pp 1'c�et p` ��' 61orth Andover,Massachusetts 01845 3-954.5 Building Commissioner Any appeals shall be filed NOTICE OF DECISION within(20)days afterthe Year 2090 date of filing of this notice Prooeny at: 400 Osgood Street in the office of die Town Cler, NANCE: Paul K.Soucy,of DATE:12/19/20(X) One To One Strength Training,Inc. ADDRESS: 400 Osgood Street PETITION: 042-2000 North Andover,MA 01845 HEARING: 12!12/2000 The Board of Appeal's held a regular meeting on Tuesday,December 12,2000,at 7:30 PM upon the application of Paul K,Soucy,d1b/a One To One Strength Training,Inc.,400 Osgood Street, North Andover,MA as a Party Aggrieved of the Building Inspector and for a Variance from the requirements of S7,P7.3, for driveway width and from Section 8. Supplementary Regulations to allow for less than the required number of parking spaces,and for a Finding from Section 4321 P 9.b(private for profit educational facilities)in order to allow for the permitted use of a"physical conditioning clinic"within the R-4 Zoning District. The following members were present:Waiter F. Soule,Raymond Vivenzio,Robert Ford,John Pallone,and Scott Karpinski. Upon a motion made by Robert Ford and 2nd by John Pallonc,the Board voted to uphold the decision of the Building Inspector and to deny the Party Aggrieved portion of the application,voting in favor: Walter F. Soule, Raymond Vivenzio.Robert Ford John Pallone, Scott Karpinski. Upon a motion made by Robert Ford and 2"d by John Pallone the Board voted to GRANT a VARIANCE on parking of 34 parking spaces from a requirement of 61 down to 27 parking spaces on the condition that any change in use in any portion of tate structure shall require the petitioner to return to this Board for review and approval of parking requirements for the building pursuant to authority granted by the Board from S8.1.5 of the zoning bylaw. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made-by Robert Ford and 2nd by John Pallone the Board voted to GRANT a VARIANCE from S7,P 8.1.7 for 3'in aisle width in two locations to allow for use in this district and on this site,as shown on the Plan of Land prepared for 400 Osgood Street,by: David Liukkonen,#29381,KNA, 10 Commercial Park,N.Suite 313.Bedford,NH.03110,dated October 2000. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion trade by Robert Ford and 2na by Jahn Pallone the Board voted to find in favor for private use ofphysical for profit educational use in the R-4 District.in order to allow for permitted u conditioning clinic as a permitted use in that district and moved that the Board GRANT a SPECIAL PERMIT to allow this use on 400 Osgood Street. Voting in favor: WFS/RV/RF/JP/SK. Page I of 2 3-9.-41 ?:'•ClUXN060-974C0NA.Rk.\l'i10N6&%J 0 ai. lt::'I1CS1'?'4Q !'i,:!\11YCiri$ti-9`:5 ++ -d ci*568898LG 83ADaNIi HINOW e 1 t s I 1 go LT noN RE;EIVE0 JOYCE BRADSHAW CONTINUED— 2°d page—dated: 1 211 9/2 000 TOWN CLERK NORTH ANDOVER decision for: Paul K. Soucy,&Wa One To One Strength Training Inc. 1�0� ��� 20 Q b address: 400 Osgood Street,North Andover,MA 01845 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 topography 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 substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. ' Furthermore, if the rights authorized by the variance are not exercised within one(1)year of the date of the grant.they 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,they shall lapse and xray be re-established only after notice,and a new hearing. By order of the Zo4ing.Board of Appeals. Raymond Vivenzio,actA Chairman mlldecisionsNOW44?45 S 'd ZbS68898L6 S3AOQNU HiSON eTE : Tt 90 LI noN Abutter to Abutter(, ) Building Dept. ( ) Conservation ( ) Zoning Town of North Andover Abutters Listing REQUIREMENT. MGL 40A,Section 11 states in part"Parties in Interest as used in this chaps abutters,owners of land directly oppositeon any public or private way,and auunersia auuaers wimm three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Subiect Property., MAP PARCEL Name Address 94 1 William Bannister,Jr 380 Winter Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 94 2/3/4/5 Town Of North Andover 120 Main Street,North Andover,MA 01845 102 7 Clive Gamble 436 Osgood Street,North Andover,MA 01845 102 3 Arthur Larson 440 Osgood Street,North Andover,MA 01845 95 49 Francis Murphy 12 Harkaway Road,North Andover,MA 01845 95 50 Lindon Pulley 18 Harkaway Road,North Andover,MA 01845 95 56 John Enright 55 Camden Street,North Andover,MA 01845 95 12 J David White 374 Osgood Street,North Andover,MA 01845 95 19 Paul Rhodes 663 Lockwood Avenue Webster Grove,MO 63119-3540 95 19-1.A Dennis Rusch 21 Concord Street,North Andover,MA 01845 95 19-2.A Elba Morency 23 Concord Street,North Andover,MA 01845 95.A 54 Robert Zuzack 54 Millpond,North Andover,MA 01845 95.A 55 VSM Realty Trust 9 Bartlett Street,Andover MA 0 18 10 95.A 56 Dutie Wilson 56 Millpond,North Andover,MA 01845 95.A 57 Suzanne Armstrong 57 Millpond,North Andover,MA 01845 95.A 58 Lauren Segee 58 Millpond,North Andover,MA 01845 95.A 59 Richard Artenstein 59 Millpond,North Andover,MA 01845 95.A 60 Brian McCarthy 60 Millpond,North Andover,MA 01845 95.A 61 Boris Ostrovsky 42 Broadiawn Drive,Chestnut Hill,MA 02467 95.A 62 Andrew Silverman 62 Millpond,North Andover,MA 01845 95.A 63 Kenneth Straus 63 Millpond,North Andover,MA 01845 84 29/13/14 Town Of North Andover 120 Main Street,North Andover,MA 01845 84 24 Stoneham Savings Bank 359 Main Street,Stoneham,MA 02180 84 11 Paul Tusa 53 Concord Street,North Andover,MA 01845 84 12 Slipkowsky Rev.Trust 46 Concord Street,North Andover,MA 01845 84 10 Teresa Hickey 43 Concord Street,North Andover,MA 01845 84 15.A Lynette Carpenito 59A Concord Street,North Andover,MA 01845 84 15.13 Kemberly Thibeault 57B Concord Street,North Andover,MA 01845 84 28A/28-2C Santo Mangano Irrrev.Tr. 90 Main Street,Andover,MA 01845 84 281C/283C Santo Mangano Irrrev.Tr. 90 Main Street,Andover,MA 01845 84 284C/285C Santo Mangano Irrrev.Tr. 90 Main Street,Andover,MA 01845 84 28B E&S Realty Trust 565 Chickering Road,North Andover,MA 01845 84 28-213 Margaret Gorham 362 Sea Bass Drive,Fripp Island,SC 29920-9795 84 28-36 Ronald Wedge 104 Margin Street,Haverhill,MA 01830 84 28-413 W.J.P.Realty Trust 585 Chickering Road,North Andover,MA 01845 84 28.6C Kenyon Realty Trust 595 Chickering Road,North Andover,MA 01845 84 2811 B/12B Juba Realty Trust 555 Salem Street,North Andover,MA 01845 Page:1 of 2 i in on the s a ear �'hla certifies that the name pp 9 record of theme, Assessors Office as of O Date j 28-24 Steven Quinn 24 Bunkerhill Street, North Andover, MA 01845 28-26 Gary Graf 26 Bunkerhill Street, North Andover, MA 01845 28-30 Frank Bartashy 30 Bunkerhill Street, North Andover, MA 01845 28-34 Carrie Sampson 34 Bunkerhill Street, North Andover, MA 01845 28-36 Scott Flores 145 West Adams Street, Summerville, MA 02144 28-67 Richard Farrell 67 Concord Street, North Andover, MA 01845 28-1 B Santo Mangano In-rev.90 Main Street,Andover, MA 01845 page 2 of 2 This certifies that the names appearing on the records of the Assessors ^ffice as of Certified b ate NORTy Town Clerk Time Stomp CH NORTH ZONING BOARD OF APPEALS ' '" MASS ACHn Community Development Division Any appeal shall be filed within Notice of Decisimi (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: 400 Osgood Street NAME: Bryan Brazill, 190 Chickering Road, HEARING(S): December 12,2006 #106D,North Andover,MA ADDRESS: for premises at:400 Osgood Street PETITION: 2006-039 North Andover,MA 01845 TYPING DATE: December 15,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,December 12,2006 at 7:30 PM upon the application of Bryan Brazill, 190 Chickering Road,#106D,North Andover,MA for premises at:400 Osgood Street(Map 94,Parcel 1),North Andover requesting a Special Permit from Section 4,Paragraph 4.122.9.b in order to establish a private for profit educational facility for one-on-one lacrosse training within an existing structure. Said premise affected is property with frontage on the West side of Osgood Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list deemed by the Assessor's Office of North Andover to be affected,and were published in the Eagle-Tnbune,a newspaper of general circulation in the Town of North Andover,on November 27&December 4,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,111,and David R Webster. The following non-voting members were present: Thomas D. Ippolito,Richard M.Vaillancourt,and Daniel S.Braese. Upon a motion by Richard M. Vaillancourt and 2'd with amendment by Albert P.Manzi,III,the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.122.9 of the Zoning Bylaw in order to allow the lacrosse private for profit educational facility for one-on-,one training within the"Tenant 2"area per: Site: 400 Osgood Street 94Parcel 1),North Andover,MA 10845 Site Plan Title: Non-Residential Site Plan prepared:for 400 Osgood Street Nominee Trust,William F. Bannister,Trustee&Parking Layout Plan prepared for:400 Osgood Street,Lot 94-1— North Andover,Massachusetts,Owner:400 Osgood Street Nominee Trust,cto William Bannister,380 Winter Street,North Andover,MA 01845-140 Vol. 5131:Pg. 214(Luly 30, 1998) Date(&Revised September 1999,rev. 11/11/98, 12/30/98, 10/16/00 Dates): Registered David C.Liukkonen,R.P.E.#29381,KNA Keach Nordstrom Associates,Inc., Professional 10 Commerce Park North,Suite 3B,Bedford,NH 03110 Engineer SheattDrawing I Drawing no.M-1261-L, Sheet 1 of I&Project No.98-0811-1,Sheet 1 of 1 Page I of 2 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com g40RTH Town Clerk Time Stamp Of,,t,ao '6AE s O HCEIVED} O e6 rvs 'F110E d a p � 4 P : 29 T ,, °tap ZONING BOARD OF APPEALS 0 RI FM R D"DV ``: Community Development Division ` Building Plan Bannister Building Tenant#2,North Andover,MA,Floor Plan Title By: Jensen Stenbak Architecture,Interiors,Project Management,4 Auburn Road, Londonderry,New Hampshire 03053&Floor Plan Proposed Renovation Lot 94-1 ftood Street,North Ammer,MA&Elevations Date: 8 Oct 99,5 Nov 99 18 Feb 00 Added Tenant#5 Sheet/Drawing: Drawl No.:A-101 With the following conditions: 1. Any change in use or in the Tenant#2 lease area,shall require the petitioner to retunt to this Board for review and approval;especially for review and approval of use re:parking requirements at 400 Osgood Street. 2. The owner,400 Osgood Street Nominee Trust,shall provide a list giving the 5 tenant names, the 5 tenant square footage,and the uses of the 5 tenant areas. Voting in favor: Ellen P.McIntyre,Joseph D.LaCxrasse,Richard J.Byers,Albert P.Manzi,III,and David R Webster. The Board finds that the applicant has satisfied the provisions of Section 10,Paragraph 10.3 of the zoning bylaw and that granting this Special Permit from 4.122.91 of the North Andover Tanning Bylaw for the one- on-one by appointment,only lacrosse training center will not adversely affect the neighborhood not will this use be a nuisance or serious hazard to vehicles or pedestrians by off-street parking. The Board finds that the 400 Osgood site is an appropriate location for this use. The Board firms that adequate and appropriate facilities will be provided for the proper operation of the private for profit educational facility. The Board finds that this use is in harmony with the general purpose and intent of the Bylaw,and such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/br Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. 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, &A P4, Ellen P.McIntyre,Chairman Decision 2006-039. M94P1. Page 2 of 2 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9541 Fox 918.688.9542 Web www.townofnorthandover.com Of NoRTM q 6~0o Town Clerk Time Stamp O RE V E TO" p °gyp .�� 2006 NOY 21 AM 10- CHU ZONING BOARD OF APPEALS H0R H A 1,[,;,s Community Development Division MAS SAC1 ` ,I Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on Tuesday the 12u of December, 2006 at 7:30 PM to all parties interested in the application of Bryan Brazill, 190 Chickering Road,#106D,North Andover,MA for premises at: 400 Osgood Street(Map 94,Parcel 1),North Andover requesting a Special Permit from Section 4, Paragraph 4.122.9.b in order to establish a private for profit educational facility for one-on-one lacrosse training within an existing structure. Said premise affected is property with frontage on the West side of Osgood Street within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover,MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chairman Published in the Eagle-Tribune on November 27&December 4, 2006. Legalnotice 2006-039. M94P L 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com se Town of North Andover Town aerk Time stamp s Office of the Zoning Board of Appeals Community Development and Services Divisiot, t3 E IVED 4SShCNUSE400 Osgood Street n1' x' �. �_ -., ` i 0 E North Andover,Massachusetts 01845 2006 FEB 15 AM IQ: 22 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 -r x S.11,110 - MA S 5 Am Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Proat: 400 Osgood Street NAME: William L.Giles,Jr.,25 Sunrise Drive, HEARING(S): January 10,2006 Bradford,MA 01835 ADDRESS: for premises at: 400 Osgood Street PETITION: 2005-038 North Andover,MA 01845 TYPING DATE: January 20,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,January 10,2006 at 7:30 PM upon the application of William L.Giles,Jr.,25 Sunrise Drive,Bradford,MA 01835,for premises at:400 Osgood Street(Map 94Parcel 1),North Andover requesting a Special Permit from Section 4,Paragraph 4.122.9.b of the Zoning Bylaw in order to establish a private for profit educational facility for one-on-one hockey training on synthetic ice. Said premise affected is property with frontage on the West side of Osgood Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list deemed by the Assessor's Office of North Andover to be affected,and were published in the Eagle- Tribune,a newspaper of general circulation in the Town of North Andover,on December 26,2005&January 2,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D. Ippolito,and Richard M.Vaillancourt. The following non-voting member was present: Daniel S.Braese. Upon a motion by Richard J.Byers and 2�d by Richard M. Vaillancourt,the Board voted to GRANT a Spacial Permit from Section 4,Paragraph 4.122.9 of the Zoning Bylaw in order to allow a"Puckmasted'private for profit educational facility for one-on-one hockey training on synthetic ice per: Site: 400 Osgood Street(h4ap 94Parcel 1),North Andover,MA 10845 Site Plan Title: Asbuilt Plan of Land in North Andover,Massachusetts,prepared for 400 Osgood Street Nominee Trust,William F.Bannister,Trustee&Parking Layout Plan prepared for:400 Osgood Street,Lot 94-1—North Andover,Massachusetts,Owner:400 Osgood Street Nominee Trust,c/o William Bannister,380 Winter Street,North Andover,MA 01845-140 Vol. 5131:Pg.214(July 30, 1998)N.E.R.D.Plan#13919 Date(&Revised March 22,2002 Date:June 09,2004 Dates): Land Surveyor& Joseph A.Esposito,P.L.S.#18923,Pembroke Land Survey,P.O.Box 205, Registered Professional Salem,NH 03079&David C.Liukkonen,R-P.E.#29381,KNA Keach- Engineer neer Nordstrom Associates,Inc., 10 Commerce Park Nortk Suite 3B,Bedford,NH 03110 Sheet/Drawing Drawing no.M-1261-L,Sheet 1 of I &Project No. 98-0811-1, Sheet I of 1 Building Plan Title Bannister Building Tenant Plans,North Andover,MA,Floor Plan By: Jensen Stenbak Architecture,Imenors,Project Management,4 Auburn Road, Londonderry,New Hampshire 03053&Floor Plan Proposed Renovation [Tenant#41 Lot 94-1 Osgood Street,North Andover,MA&Elevations Proposed Renovation[Tenant#41 Lot 94-1 Osgood Street,North Andover,MA Date: 8 tact 99,5 Nov 99 18 Feb 00 Added Tenant#5 Sheet/Drawing: Drawing No.:A-101&Drawing I&Drawin 1 Page I of 2 Board of Appeals 978-688-9541 Building 978-688-9545 conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 of"4RTh�M Town of North Andover Town Clerk Time Stam Office of the Zoning Board of Appeals p O � * , ; CommunityDevelopment and Services Division �r�"i' CVEq ' i s sSFCHUSk 400 Osgood Street _ North Andover,Massachusetts 01845 2006 FEB Jr AM IQ: 22 Gerald A. Bron Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 NORTH ANE With the following condition 1. Any change in use in the"Puuckmasters",or Tenant#4 tease area,shalt require the petitioner to return to this Board for review and approval;especially for review and approval of parking requirements for the building Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Richard M. Vaillancourt. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 of the zoning bylaw and that granting this Special Permit from 4.122.9.b of the North Andover Zoning Bylaw for the ane-on-one by appointment, only"Puckmasters"training center will not adversely affect the neighborhood nor will this use be a nuisance or serious hazard to vehicles or pedestrians. The Board finds that the 400 Osgood site is an appropriate location for this use. The Board finds that adequate and appropriate facilities will be provided for the proper operation of the private for profit educational facility. The Board finds that this use is in harmony with the general purpose and intent of the Bylaw,and such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. 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, 1 Ellen P.McIntyre,Chair Decision 2005-038. M94PI. Page 2 of 2 I Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 - FOUND �� V SITE MHB bfetes es and Bounds Dcrintioa \ � �'/C !gg r_ Gicr, Beginning at a Slassachusetts Highway Bound on the northeasterly side of Osgood Street,said bound - / SMri .�,,, 14 - bein y ninety-one(191)feet northerly of the centeriiae ofHatkaway Street; µl RrM ELE'J. ?Oa�a �\�_�-` ':y •�''�-1 ' g approximately 821-57*49 ona distance i�e of ANDOVER INv. 8' Ptic:Ir- as uo' G t thence S 82°-ST49"W a distance of 83.32'tv the point of begss?ning; / ' N�G SCH OC MECO- /��..�... TABLE�EL�94..�t 9?.3y'.. 9Sy" \\. �awceFw.'rc thence turning and running along Osgood Street S}6°54'00"W a distance of 319.65'to a point; x.50 O _ K.:... thence twain'and naming along Osgood Street S 43°21130"W a distance of 58.82'to a g 8 B $ point at the nordumsterty comer of land now or formerly belonging to the Town of North Andover; _ _... - .. _turning30 5. X11 thence turning and towing along land now or formerly belonging to the Town of North Andover r P A,,�Mr�u'f '' t- N 23°37'30"W a distance of 1060.82'to a point; rprE 3 - oaEFT L )F�No �\ -eOTTOM OF POND thence nursing and ranging along land now or formed y belonging to the Town of North Andover ELEv. 9a.a' _ N 73°41'37"$a distance of 184.65'to a point; — c thence turning and naming along land now or formerly belonging to the Town of North Andover S 33'54'18"E a dislarce of A70,98'to the point of beginning. 100' BUFFER FROM WETLAND LACUS PLAN T jD A LO R VAP — 87G } q3 75A �, Q B�uND !i R ;IN P GE 337 ,>4 .i �''�"�t i 5PRINK�ER •��� z 1 In ZOO OF 1170 v. Y ` CctaC aooK E.N.D.R.D• / �✓ SF.ELy vAl Np P1 RA 4/ WATER- ND GUY 75A A LUV1-D4NGLOADING INv 1 l`i \ S• 31 _ DOCK x•4"3, 9qF 97. 3' CATC'i B4:IN TA ,, -•�'y) :, �-, RISA E EV 99.4 MESER.. ....!'4RE :MAIL OX O\.'., , - 'Y. 9-'12' / D �y�� TN\.': INJ HUPP IN T1N0 ::.....................GAS aIARM... LINE , G P EDGE OF WETLAND / �- EX15 1S 'apPP.O><. WA[ER f F PA\!F MMMMINSNA _ \\dG ' 96 ,•TIT S ,n� IN'' RC U 3 .i .� AG UN GRASS 25' NO DISTURBANCE ZONE /' p PVC O•�GAS-- :....INV 1 \• �R-M ELEV S 1 50'NO CONSTRUCT30N ZONE — S � � z \ s \ ORPTIS i _ LrA"� 64 -''�-r --� - Kv. 1 4DFn I\ �5_ v � 1.cF c,T ,6.a5' ✓'! �� -. ` / ---_ �-i \ _ - - - '' RIPRAP '' 'd 3.5" R 6- FLOW �TANG!NG WATER 00\ I r LIMIT 0WORK .F r'1•-�7- / J e,,'�� \tpl FORMER LOCATION OF I V Ft 95.97 ,. _. CK ��'m 'Wc _4 _ _ -HAY BALES•.-. _ `� W iN 8" HD-' ��..� \ u) _.`- `I i1'y, dV�. RED_(ER r, .* ^ �\(� i,v c MAP 94 LOT APPRp Via, rJi.. - EDGE OF WETLAND rl•Op '�"% \\� N49 Vr`rrOT ry�Dt�vBi. wZ 254,575 S.F. n� _1__ �cATrO`\ \ 25'NO DISTURBANCE ZONE 17', 010 5.844 ACRES' \\\ Ak \--50' NO CONSTRUCTION ZONE CP BROOK --`—Flnw — al Dam i ?� Z o 1060.82' 1o= 3 rr N 2357'30" W z MAP 94 LOT 2 1 4 � 2TOWN OF NORTH ANDOVER E.N.D.R.D. BOOK 1116 PAGE 264 3 - U` O 6, J� t N (n U 0 7;, W CO'1 OII Py 0 O 01011=nC;-6 X10 OZm WAYNE STREET I L ROO IP. ";"Nu( STJu FOUND GRAPHIC SCALE REFERENCE PLANS: NOTES: - 1. "PLAN OF LAND IN - NORTH ANDOVER, MASS. - FORM=RL'Y OWNED BY - -- -- EVENS THE OF F LOT 4-1 IS 400 " BRASSUER�ASSOCIATES. INC.", SCALE:1"=:40', GATED ,.UNE 1568• BY 1 NOMINEE TNT T OWNER RE OF NILIOAV F. BANNISTER, JR. TRUSTEE. THETIN FEET ASBUILT PLAN OF .[AyVD ( DEED REFERENCE TO THE LOT IS VOL. 5131, PG, 214, DATED JULY 30, o n=: "o .r 1V 2. "PLAN OF ROAD IN THE TOWN OF - NORTH ANDOVER - ESSEX COUNTY - 1398 IN THE N E-C.R.D. LAID OUT AS A STATE hIGHWAY BY 1.1E MASSACHUSETTS -HIGHWAYlVORT.11 ANDOVER, 1{1AS.SAC,HUSETTS COMMISSION " SCALE.1'=40', DATED JULY 5, 1911 2. -HE TOTAL AREA OF LOT 94-1 IS 254,575 SC. FT OR 5.844 ACRS. -- PRh'P4Rh7J FOR S. 'PROPERTY LINE PLAN - LAND W NORTH ANDOVER, MASS. - AS SURVEYED 3. ZONING FOR THE LOT IS RESiDENCE-4, BUILDING SLT3ACKS ARE ass .ion OSGOOD ,jTREET NOMINATE TI?UST . - FRONT---30'. SIDE=15, AND REAR=30'. � • FOR - TOWN OFNORTH ANDO'JER - SCHOOL DEPARTMENT", SCALE:1"-100', w rp� £?7Li_7.4:4f F. Fitt\',M17S'TER. .IX., TRUSTEE DATED JULY 1970, BY MORSE AND MARTIN, N.E.R.D. PLAN #6279. 4. "PLAN 4. THE COCHICHEWICK BROOK WAS NOT LOCATED IN THE FIELD. THE OI 2H rp _ OF LAND - LOCATED IN -- NO. ANDOVER, MASS.", SCALE'1"-40', DATED SEPTEMBER, 196S-, 9Y C-IARLES E. / R C.E. _.0 PI AN #36426A. LOCATION WAS DIG TIZED PROM THE ASSESSOR'S TAX MAP. y., ,;! T 5. THE LOCATION OF THE UNDERGROUND CN-SITE SEWER LINE AND nXF LAA-1) CWWANY 'PLAN OF -._;ND iN - NORTH ANDOVER., MASSACH)IE iS - F'3EPARLD FOR - 1) r?U� -/('.�, S.11l�til. ,1'H 03079'WATER L'.NE LOCATIONS WERE TAKEN FROM THE _i TE PLAN. NOR'fl-IANT)OVER I 400 OSGOOD STREET - NOMINEE TRUST", SCAL 1 =40, DATED AUGUST 27, `998, BY THIS OFFICE. ZONING BOARD„r PG Bt)_k' 4i)1, :JL'1tBLlt)PORT, :VA (11<)-i0 6. Tf1E EDGE OF WET SHOWN TO THE SOUTH, WEST AND NORTH OF T`tE ,APPLAT_C BUILDING 'ARE TAKEN FROM REFERENCE PLAN #5. - 5. 'NON-RESIDENTIAL SITE PLAN PREPARED FOR: 400 OSGOOD STREET - _OT �sr - _ - ( 11 I;' !TE Uft1TY1NC. NO. 94-1 - NORTH ANDOVER, MASSACHUSETTS", SCALE.1"=20', DATED SEPT. 7. SEE ALSO FILIAL ORDER OF CONDITIONS DATED 12/3/98, f' �,`:; --'` ' - ) -40' - - 1iRc'H ' _,3fh� - - :11- 1261-L 4 1... .__... ' '998, LAST RF0SED'11/11/98, BY KEACH-NORDSTF204' ASSOCIATES, INC. DEP tLE #242-?4Q. ___ _ _ _ �1 I CERTIFY THAT I "AVE CONFORMED 1 �;, P4� .-_-_ ---_-. _ I_{1_'VI_S_I_O1`i _ _ ----- WITH .TOB # 19913-41 6. EXISTING CONDITIONS - PLAN OF LAND LOCATED AT ��- 400 OSGOOD STREET WITH THE RULES & R GULA110NS OF � -�- --- - - NORTH .ANDOVER, MA. - PROPOSED FIJTU!?E _OCAAON OF - NORTH THE REGISTERS OF DEEDS IN �.,�t J \ r•1 15/52 _ ANDOVER YOUTH CENTER", SCALE:.1"=40' ,DATED SEPTEMBER 1, 1995. PREPARING THIS PLAN. tiFIF',>7 1 OF 1 Town of North Andover a NORTi, Office of the Zoning hoard of Appeals Community Development and Services Division b 4 27 Charles Street North Andover,Massachusetts 01.845 Telephone(97. D. Robert Nicetta Fax 8$- 5 . 9 5 Building Commissioner 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 rty at: for premises at:400 Osgood Street, NAME: Julie Paige Gediman,8 Hitchcock Farm HEARING(S): July 13,2004 Road,Andover,MA ADDRESS: for premises at:400 Osgood Street, PETITION: 2004-019 North Andover,MA 01845 TYPING DATE: July 21,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 13,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Julie Paige Gediman,8 Hitchcock Farm Road,Andover,MA,for premises at:400 Osgood Street,North Andover,requesting a Special Permit from Section 4,Paragraph 4.122.9(b)and Table 1,and Section 9, Paragraph 9.2 of the Zoning Bylaw in order to allow a non-conforming use in a portion of a pre-existing building. The said premise affected is property with frontage on the West side of Osgood Street within the R- 4 zoning district. The legal notices were published in the Eagle Tribune on June 28&July 5,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J. Byers,and Albert P.Manzi,III. Upon a motion by John M.Pallone and 2°d by Richard J.Byers,the Board voted to GRANT a Special Permit from 4.122.9(b)and Table 1 of the Zoning Bylaw to allow The Paige Conservatory of the Performing Arts to use a portion of the pre-existing building at 400 Osgood Street for classes in dance,acting,and musical theater per Bannister Building Tenant#2 North Andover,MA,Floor Plan/Tenant#2 Plan,red outlined Proposed Paige Conservatory,Drawing,No.:A-101,by Jensen Stenbak,Architecture and Interiors,4 Auburn Road,Londonderry,New Hampshire 03053 and Plan of Land:400 Osgood Street,Lot 94-1-North Andover,Massachusetts Owner:400 Osgood Street,Nominee Trust,do William Bannister,380 Winter Street,North Andover,MA 01845-140,vol. 5131;pg.214,(July 30, 1998),Date:June 09,2004,Project no. 98-0811-1 by David C.Liukkonen,R.P.E. #29381,Keach-Nordstrom Associates,Inc., 10 Commerce Park North,Suite 3B,Bedford,NH 03110. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P. Manzi,III. The Board finds that the applicant does not require a Special Permit from Section 9,Paragraph 9.2;private, for-profit educational facilities are allowed in R-4 with a Special Permit. Also,the Board finds that the applicant has satisfied the provisions of Section 4.,Paragraph 4.122.9(b)of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing usage(temporary Town Hall)to the neighborhood and that the student age and maximum class size of 14 will not require more than the existing 25 parking spaces. Pagel of 2 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 Qt N°RT„ , 4t'% �•1rQ Office of the Zoning Board of Appeals ? ' ' Community Development and Services Division • 27 Charles Street '" +, .r• North Andover,Massachusetts 01845 'ss��„�•,ES D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 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, 4L1� - Ellen P.Mclntyre,Chair 2004-019. M94P1. Page 2 of 2. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978)88-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover RTN Office of the Zoning Board of Appeals Community Development and Services Division, 27 Charles Street North Andover,Massachusetts 01845 'sc„usEt D. Robert Nicetta Telephone(V8I 6 -6141,6, t i. 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 13th of July, 2004 at 7:30 PM to all parties interested in the appeal of Julie Paige Gediman, 8 Hitchcock Farm Road,Andover,MA, for premises at: 400 Osgood Street,North Andover,requesting a Special Permit from Section 4, Paragraph 4.122.9(b) and Table 1, and Section 9, Paragraph 9.2 of the Zoning Bylaw in order to allow a non-conforming use in a portion of a pre-existing building. The said premise affected is property with frontage on the West side of Osgood Street within the R-4 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 Ellen P. McIntyre, Chairman Published in the Eagle Tribune on June 28 &July 5, 2004. Legalnotice 2004-019. M94P1. 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 SPECIAL PERMIT 3 �4�N0T48°¢ EStLo a r o - T. ZONING BOARD OF APPEALS NAME ' ADDRESS OF APPEAL 0 6L5�629Z S Procedure & Requirements for an Application for a Special Permit a Ten.(10).copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty QJ0 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals sc'hedul'es time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a permit Denial form completed by the Codes of the Zoning Board of Appeals and delivers the legal Administrator. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM: J STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application fora,to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitioner,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has otherwise receive. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: v sent to all parties in interest. Any appeal of the Board's The petitioner requests from the Assessors Office a decision may be made pursuant to Massachusetts certified list of Parties in Interest(abutters). General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING CERTIFICATE OF DECISION of all the required information to the Town Clerk's Office PLANS. to be certified by the Town Clerk with the time and date The petitioner is responsible for recording certification of of filing. The original will be left at the Town Clerk's the decision and any accompanying plans at the Essex Office, and the 10 Xerox copies will be left with:the County North Registry of Deeds, 381 Common St., Zoning Board of Appeals secretary. Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. m IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev &Services 27.Charles Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices -- 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT r North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: JuVal'sw.' � � 3_ N ®v0 `8K) *The petitioners all be enteredim n the legal ce and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Years Owned Land: 3. Location of Property: a. Street: q60 m Zoning District R._ b. Assessors: Map number. + Lot Number:_ c. Registry of Deeds: Book Number Sk Page Number: 4. By-Law Sections under which the petition for the Special Permit is made. *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: ioe" ex ' mac 0 r "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. O 'To or'\)e- 1-eN t� cs�� � � t �c� erre ° Page 3 of 4 Application for a SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OP APPEALS 6.a Existing Lot: Lot Area Open Space Percent tot Frontage Parking * Sq. Ft. Sq. Ft. Coverage Feet Minimum Lot set Back c Spaces Front Side A Side B Rear t q F b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back I Sq. Ft. Sq. Ft. Coverage Feet Spaces Front, Side A Side B Rear i i c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimumtot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear ru a % i b® � 7. a. Existing Buildings: + Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Ung olQ ..' *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. ProposedBuildings: - . , 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 Ordinance. State number of units in building. 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 Boales and R I ns may result in a dismissal 7oning oard of this application as incomplete.Si natureAL t Type above names here `� �,� (? 6&Nca� 1 PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B. *Plan Specifications: legibly written or typed memorandum setting forth in I) Size of plan: Ten (10 ) paper copies of a plan not detail all facts relied upon. When requesting a Special to exceed 11"x17", preferred scale of 1"=40' Permit from the requirements of MGLA ch. 40A, and the In One(1) Mylar. Y• North Andover Zoning By-laws, all dimensional III) Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, with a block for supported. Each point, 1-6 individually, is required five(5)ZBA signatures and date indicated on the to be addressed with this application. Mylar. *10 C. *Features To Be Included On Plan: 1 1 The particular use proposed for the land or structure. n Site Orientation shall include: 2.The specific site is an appropriate location for such 1. north point use, structure or condition. 3. There will be no nuisance or serious hazard to 2. zoning district(s) j vehicles or pedestrians. 3. names of streets4. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. abutters ofro for the proper operation of the proposed use. 6. locations of ui dinglis on within radius adjacent properties 5.The use is in harmony with the purpose and intent of t within 50'from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria In Legend&Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines&outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales requirements.). 4. Date of Plan 5. Title of Plan 10. PLAN OF LAND 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall applicant, owner or record, and designer or be accompanied by the following described plan. Plans surveyor. must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days 10 D. Minor Projects prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds, and garages, appeals. shall require only the plan information as indicated with an. asterisks(*). In some cases further information may A set of building elevation plans may be required be required when the application involves new construction/conversion/and/or a proposed change 11. APPLICATION FILING FEES in use. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover- 10 A. Major Projects #022-1760-4841°for the cost of first class, certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch. 40A§11 on the I)five or more parking spaces, abutter's list for the legal notice check. Also, the In three(3)or more dwelling units, applicant shall supply first class postage stamps III)2000 square feet of building area. (currently 37¢)x the#of parties of interest on the abutter's list for the decision mailing. Major Projects shall require that in addition to the above B. Mailing labels: Applicant shall provide four(4) features, plans must show detailed utilities, soils, and sets of mailing labels no larger than 1"x2-5/8" (3 copies topographic information. for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of$50.00 per application. ►►►► A Special Permit once granted by the ZBA will lapse in 2.(two).years if noffcercised and a new petition must be submitted. A-4 CONTENTS 1. Special Permit Form 2. Permit Denial 3. Owner Authorization Letter 4. Written Document(Item 9) 5. Abutter List 6. Precedent Decision Notice 7. Floor Plan 8. Site Plan Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St. North Andover MA. 01845 Phone 978-688-9645 Fax 978-688-9542 Street; S . Map/Lot: Applicant: Tu Ll r4 c_. ,� .. w, _. Request: NCe TQC N IYIt,St cA THea C Y� `�h�tn>W Date: cl _8 - Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonin Item Notes Item Notes A Lot Area "' F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting Iles 2 Frontage'Compl es 3 Lot Area Complies 3 Preexists frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building.Area 2 Not Allowed 1 Insufficient Area 3 1 Use Preexisting 2' Complies 4 Special Permit Re uired e s 3 Preexisting CBA K 5 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 Al!setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height q e S 4 Right Side Insufficient 4 Insufficient Information 5 Rear InsufficientI Building Coverage , 6 Preexisting setback(s) H S 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting e -S 1 Not in Watershed `t e 5 4 Insufficient Information 2 In Watershed J Sign N 3_ 1 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 1 More Parking Required 2 Not in district `f e 5 2 Parking Com lies 3 Insufficient Information 3 Insufficientlnfonnation e S 4 Pre-eXi4inn Parkin Remedy for the alcove is checked below. Item # I Special Permits Planning Board Item# Variance t3— Site Plan Review special Permit Setback Variance Access other than Frontage Special Permit Parking Variance. Frontage Exception Lot Special Permit lot Area Variance Common D—riveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Cace Retiremenf Special Permit Special Permits Zoning Board Independent Elderly Housing S ectal Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special ecial Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconf2rmin, Watershed Special Permit The above review and attached explanation of such is based on the plans and information bmitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal expla ions by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleadin information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attach hereto and incorporated he by reference. The building department will retain all plans and documentation for the above file.You must file a new permit application form and begin the permitting process. Building Department Official Signa'YO Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: C j e1 ]L �a n� TJ o a v'M ® lam /4 0)d'Pj r 7Zi is �` Q Us -r -y, /a a C q) 6 J� G�lv� / � l• � 2a.vl.v �J /2q U J.e�, S P� dt,; �/ � /S to �/G�tr. e i^ DSC/ s �lU wJN .A.rKjti S O /t p v -F)`P 76e'r"V MIA T[a.v o ti `f'!'1 N /C� W r-o cQ IV v t 6,e r P P,a JVi tiO tjCe Referred To: Fire Health Police Zoning Board Conservation D rtment of Public Works Plannin Historical Commission Other Buildin D rtment TO: Zoning Board of Appeals Town of North Andover,Massachusetts,01845 DATE: JUNE 10, 2004 RE: Owner Authorization for seeking Special Permit on behalf of Julie Paige Gediman d/b/a/The Paige Conservatory of Performing Arts With my authorization,Julie Paige Gediman is filing an application with the North Andover Zoning Board of Appeals for a Special Permit for a private, for-profit educational facility(performing arts studio)at 400 Osgood Street,North Andover, pursuant to the provisions of Sub-Section 9.b. of Section 4.122 of the Zoning Bylaw of the Town of North Andover. Thank you for your consideration in this matter. William F. Bannister 400 Osgood Street TO: Zoning Board of Appeals Town of North Andover,Massachusetts 01845 ` DATE: JUNE 10,2004 RE: WRITTEN DOCUMENT, ITEM 9 OF SPECIAL PERMIT FORM The following addresses points 1 through 6 of Item 9,of the Special Permit Form 1. The particular use proposed for the land or structure We are requesting to use a portion(between 2,500 and 3,000 square feet)of the existing structure at 400 Osgood Street,North Andover,Massachusetts for a private,for-profit educational facility. Said facility is "The Paige Conservatory of Performing Arts", which is owned and operated by Julie Paige Gediman. This educational facility is a "performing arts studio" for pre-teens and teens. Classes include instruction in dance, acting, and musical theater. The Paige Conservatory of Performing Arts is over two years old and we have outgrown our current location in Andover. Over 95%of our students live in the towns of North Andover and Andover. It is extremely important that we stay local and convenient to our customers. The studio offers classes five days a week,in the after school and early evening hours. Classes may also be offered on Saturday morning. Currently classes have between 5 and 10 students. A limit has been set on the maximum number of students in a class which is 14. It is our goal,however,to keep the class sizes smaller to ensure one-on-one instruction. Floor Space: The proposed facility would consist of two back to back studios, a bathroom, cubbies for storage, and a small office. Parking: Our parking needs are minimal. They include two spaces for instructors. The business is primarily a drop-off business,as students under the driving age will be dropped off by a parent or legal guardian. Many of the students over the age of 16 are also dropped off by parents as they do not have cars. Older students,who have access to a car,typically carpool. Historically,these"carpool"students take up 3 to 5 parking spaces. r, a 2. The specific site is an appropriate location for such use On December 19,2000, Paul K.Soucy of One-to-One Strength was granted a Special Permit by the North Andover Zoning Board of Appeals to operate an educational facility offering physical conditioning and physical health management. The Petition number was 042-2000 and the Hearing Date was December 12, 2000. The granting of this Special Permit(and related variances)sets precedence for our appeal.(See attached "Notice of Decision"on behalf of Paul K. Soucy. It is our belief that The Paige Conservatory of Performing Arts is compatible with One- to-One Strength in that both are educational facilities offering instruction and education. 3. There will be no nuisance or serious hazard to vehicles or pedestrians The structure at 400 Osgood Street is set well back from the road,away from passing vehicles or pedestrians. In fact,conservation wet land forms a natural barrier between the street and the proposed site. Currently,the Town of North Andover occupies a portion of this structure.No known nuisances or serious hazards to vehicles or pedestrians have been reported. Since the usage of the site by The Paige Conservatory of Performing Arts will be minimal compared to that of the Town of North Andover, it can be assumed that there will be no nuisances or serious hazards. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use Betterment of the proposed facility will be in accordance with the building regulations of the Town of North Andover. Prior to any build-out, a building permit will be obtained from the Town of North Andover. This will ensure that adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of the Zoning Bylaw A Special Permit through the Zoning Board of Appeals is required for this type of use. (4.122(9) (b), Section 9 (9.2)of Zoning Bylaw 6. Speck reference and response to the criteria required by the particular Special Permit for which this application is made. Since the facility will use the existing lot and building,it is our belief that this question if "not applicable." Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT.• MGL 40A,Section t t states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private 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,not withstanding 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." Subiect Property: MAP PARCEL Name Address 94 1 400 Osgood Street Nomine(400 Osgood Street North Andover, MA 01845 William Bannister Jr, TR 380 Winter Street North Andover, MA 01845 Abutters Properties Map Parcel Name Address 94 2 Town of North Andover 120 Main Street North Andover, MA 01845 94 3 Town of North Andover 120 Main Street North Andover,MA 01845 94 4 Town of North Andover 120 Main Street North Andover, MA 01845 94 5 Town of North Andover 120 Main Street North Andover, MA 01845 84 10 Teresa Hickey 43 Concord Street North Andover, MA 01845 84 11 Paul&Mary Tusa 53 Concord Street North Andover, MA 01845 84 12 Slikowsky Revocable Trust 46 Camden Street North Andover, MA 01845 84 13 Town of North Andover 120 Main Street North Andover, MA 01845 84 14 Town of North Andover 120 Main Street North Andover,MA 01845 84 15 JEFFCO, Inc. PO Box 802 Andover, MA 01810 84 24 Stoneham Savings Bank 601 Chickering Road North Andover, MA 01845 mailing address: 359 Main Street Stoneham, MA 02180 84 29 Town of North Andover 120 Main Street North Andover, MA 01845 95 12 J D&C Realty Trust 374 Osgood Street North Andover, MA 01845 95 19 Paul Rhodes 13 Concord Street North Andover, MA 01845 mailing address: 663 Lockwood Avenue Webster Grove, MO 63119 95 48 Mill Pond Trust North Andover, MA 01845 95 49 Maria Graf 10-12 Harkaway Road North Andover, MA 01845 95 50 Nicholas Gelarderes 16-18 Harkaway Road North Andover, MA 01845 95 56 John Enright 55 Camden Street North Andover,MA 01845 95 19-0001.A Dennis Rusch 21 Concord Street North Andover, MA 01845 95 19-0002.A Elba Morency 23 Concord Street North Andover, MA 01845 95A Mill Pond Condos"* 102 3 Arthur Larson 440 Osgood Street North Andover, MA 01845 *`See page 2 Date 6/9/2004 This certifies that the names appearing on thFPage 1 of 2 records of the Asses ors Office as of Certified b : Date ��`�. x Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover 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 oppositeon any public or private 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,not withstanding 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." Subject Property: MAP PARCEL Name Address 94 1 400 Osgood Street Nominee 400 Osgood Street North Andover, MA 01845 William Bannister Jr,TR 380 Winter Street Abutters Properties Map Parcel Name Address 95A 54 Robert Zuzack 54 Mill Pond North Andover, MA 01845 95A 55 VSM Realty Trust 55 Mill Pond North Andover, MA 01845 mailing addresses: 9 Bartlett Street#214 Andover, MA 01810 95A 56 Dutie Wilson 56 Mill Pond North Andover, MA 01845 95A 57 Suzanne Armstrong 57 Mill Pond North Andover, MA 01845 95A 58 Lauren Segee 58 Mill Pond North Andover, MA 01845 95A 59 Richard Artenstein 59 Mill Pond North Andover, MA 01845 95A 60 Suzanne McCabe 60 Mili Pond North Andover, MA 01845 95A 61 Boris Ostrovsky 61 Mill Pond North Andover, MA 01845 95A 62 Campbell Trust 62 Mill Pond North Andover, MA 01845 95A 63 Kenneth Straus 63 Mill Pond North Andover, MA 01845 95A 64 David Weiss 64 Mill Pond North Andover, MA 01845 Date 6/9/2004 Page 2 of 2 This certifies that the names appearing on the records of the Asse s rs Office as of Y f. _, Certified'by. to d� r 'own ,'df North Ortd7. AI1dOt7Pr .h gECEIVE0 Office'Of the Building Department f JOXOf 't, Development and Services Division NORTH ANO VER William J. Scott, Division Director �«__�. .• 27 Charles Street 'S�grH1J5E� Ro e IM J�t A 11: � North Andover,Massachusetts 01845`"° �.. Telepho►ie (978)888-,Q 545 Building Commissioner Fax(978)688-9542 Any appeals shall be filed NOTICE OF DECISION within(20)days after the Year 2000 date of filing ofthis notice Property at: 400 Osgood Street in the office ofthe Town Clerk, NAME: Paul X Soucy,of DATE: 12/19/2000 One To One Strength Training,Inc. ADDRESS: 400 Osgood Street PETITION: 042-2000 North Andover,MA 01845 HEARING: 12/12/2000 The Board of Appeals held a regular meeting on Tuesday,December 12,2000,at 7:30 PM upon the application of Paul It;.Soucy,d/b/a One To One Strength Training,Inc.,400 Osgood Street, North Andover,MA as a Party Aggrieved of the Building Inspector and for a Variance from the requirements of S7,P7.3,for driveway width and from Section 81 Supplementary Regulations to allow for less than the required number of parking spaces,and for a Finding from Section 4.122,P 9.b(private for profit educational facilities)in order to allow for the permitted use of a"physical conditioning clinic"within the R-4 Zoning District. The following members were present:Walter F.Soule,Raymond Vivenzio,Robert Ford,John Pallone,and Scott Karpinski. Upon a motion made by Robert Ford,and 2nd by John Pallone,the Board voted to uphold the decision of the Building Inspector and to deny the Party Aggrieved portion of the application,voting in favor: Walter F.Soule, Raymond Vivenzio,Robert Ford, John Pallone,Scott Karpinski. Upon a motion made by Robert Ford and 2"d by John Pallone the Board voted to GRANT a VARIANCE on parking of 34 panting spas from a requirement of ti 1 down to 27 parking spaces on the-condition that any change in use in any portion of the structure shall require the petitioner to return to this Board for review and approval of parking requirements for the building pursuant to authority granted by the Board from 58.1.5 of the zoning bylaw. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made by Robert Ford and 2nd by John Pallone the Board voted to GRANT a VARIANCE from S7,P 8.1.7 for 3'in aisle width in two locations to allow for use in this district and on this site,as shown on the Plan of Land prepared for 400 Osgood Street,by: David Liukckonen, #29381,KNA, 10 Commercial Park,N.Suite 3B,Bedford,NH. 03110,elated October 2000. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made by Robert Ford and 2nd by John Pallone the Board voted to find in favor for private for profit educational use in the R-4 District in order to allow for permitted use of a physical conditioning clinic as a permitted use in that district and moved that the Boarrd.-G#�ii�T'1- SI ECIAL PERMIT to allow this use on 400 Osgood Street. Voting in favor: WFS/RVAU/JP/SK. Page I of 2 CC)\'til n' 1l*;'. , pi..1 1'f\ 6:i1,-9 ;$ ?\E RECEIVED JOYCc* BRADSHAW CONTINUED— 2nd page—dated: 12/19/20W TOW' N CL'RK NORTH ANDOVER decision for: Paul K. Soucy,d/b/a One To One Strength Training Inca address: 400 Osgood Street,North Andover,MA 01845 M DEC Z0 All: 16 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terns of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape,or topography of the land or structure and especially affecting such land or strictures 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 substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. Furthermore,if the rights authorized by the variance are not exercised within one(1)year of the date of the grant, they 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,they shall lapse and may be re-established only after notice,and a new hearing. By order of the Zo ' oard of Appeals, Raymond Vivenzio,act' Chairman ml/decisions2000/44/45 a N i i .77 E4 _ El No:Ir -i13' "l EA I !9f .. .. 1 ) L I Qy -2 NR IFIK SEPARATION WALL I `t/�� , ; ! { � { i— M x ( WALi(TYP.) 1 i114 bT�6ttW/1 + - 4F+p-lSM-rA1M ilp+D RMIREDOOR TENANT*l i �; E2-RfllTlldl . i I i>LeSs4S`SId€r444 + I { E3-1KIplGEIYkN�►t1RM11�ADTEMLA . y AIR.MO SEPARATION WALL ,�gypp I 14S 2ML 1 { j j Et- DANFENEYslMOMEAMW 1i ---• 2 NR.fME SEPAaA7NNA WALL I NEW WAIL tTYPJ I I .IJ-COAMAOIIAREA !. f 1 N I N + EA I WM} Ta��( I Eat ES- REIIIpEiIEM s,• I wl am mu 1:-D- I7N" -B' AID'-11- w _ - - _ • __�.}.._ �}«._—_...�.._ j N NIL-FIVE SFl11MTN)I(WAIL .'RIDGE Z@'-0"d Et CALCULATIONS uC NR.FIRE SEPARATION WAIL I �bEI -6- w 3s'-ttt/ta AD•-D- I .� toT'-6t/3"!------- T— TENi1t/iIZ- O,2t6SF " _ i •� � f s i i � i i TENAIRi3- t,aDSF .14W *2 i i E. 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I1 ..._... .. _._.. I_S.._... _._ 111 -7 «. A'5" �1._7.. .. _.'.S" ... 1V-T".. _. ._. _..*.f5• 11� �, 1 i k WAumE 0-ASii / WALL m4-0-AFF. ��\ WALL TO D'-0"A.F.F.� — I W —N. Fn I J ALLmB'-0 Me,VA - --' 35D5R6 NF 16"O.C. QMWNIQ Ito T'-t0- CH 7•-10- j . v bi A VT .LL"5 ft D • M _ I,L MAP 94; LOT 3 MAP 94; LOT 5 MAP 102; LOT 3 1�TOWN OF NORTH ANDOVER TOWN OF NORTH ANDOVER ARTHUR D. LARSON NOTES; 120 MAIN STREET 120 MAIN STREET 440 OSGOOD STREET N. ANDOVER; MA 01845 N. ANDOVER, MA 01845 - _ N. ANDOVER, MA Ot845 1. REFERENCE THIS PARCEL AS NORTH ANDOVER ASSESSOR'S MAP 94; PARCEL 1. 2. TOTAL AREA OF PARCEL IS 254,575 S.F. OR 5.844 ACRES. _ — 3. PARCEL IS LOCATED WITHIN THE R-4 ZONING DISTRICT IN ITS ENTIRETY. _J 4. BUILDING SETBACKS: REQUIRED PROVIDED EXIST• Cupp (TYP•� FRONT 30' 147.1'1 SIDE 15' 19.4'± / 137.2'± REAR 30' 229'± — — — S ROAD EX,ST. Eop (TYP•)_ \"-- \ �� 5. TOTAL LOT FRONTAGE IS 514.75± L.F. - - l �.S ACCES _ - -- N \ \ O ; 6. OPEN SPACE = 202,046± S.F. & PERCENTAGE OF LOT COVERAGE = 21%. 00, \\ v0 \ S 54' 35° 18'. \ \\ \ DOOR K A�A� RC 94-1 H AR 575 SQ. FT. \ \ 254, ` \ HO 5.844 ACRES ` (� a 500 2 1IN \ ` V 3 / Ot EXI50 LOADING °° ) [— DOCK (3 X�UsW ARH ° ° E)94T. STAIRS " � \ MAP 95A; LOT 9 MILL POND HOMEOWNERS ASSOCIATION c/o ESSEX MGMT. GROUP \ P.O. BOX 2098 HAVERILL. MA 01831 �! O AAV(D G , a C. ; ?i • LIUKi'ONEN -' ZONING BOARD OF APPEALS �� \ E 01 No.293A� MAP 84; LOT 29 ►�— �---- TOWN OF NORTH ANDOVER �'� MAP 94; LOT 2 \ ,�;�„ '• 120 MAIN STREET TOWN OF NORTH ANDOVER N. ANDOVER, MA 01845 120 MAIN STREET GRAPHIC SCALE N. ANDOVER, MA 01845 \ \ 40 0 20 40 80 160 \\ T \` \ ( IN FEET ) 1 inch = 40 ft. PROTECT N0. 98-0811-1 PLAN OF LAND: OWNER: REVISIONS 400 OSGOOD STREET DATE DESCWTION DATE:JUNE 09, 2004 400 OSGOOD STREET NOMINEE TRUST KEACH—NORITSTROAf ASSOCIATES, INC c/o WILLIAM BANNISTER SCALE:1" = 40' 380 WINTER STREET cwn guginew"g Ina Pl mine 1 nd�pe A-Atwlt NORTH ANDOVER, MA 01845-140 P-d North,&Wt.Se,ftdf-,NN 03110 J%—(608)MV-2881 LOT 94-1 — NORTH ANDOVER, MASSACHUSETTS VOL 5131; PG. 214(JULY 30, 1998) SHEET 1 of , _ . JJ TOWN OF NORTH ANDOVER SPECIAL PERM! ZONING BOARD OF APPEALS CF, NAME7500-19L 7-- ADDRESS OF APPEAL 1,14dd �d-S&ziidj .S"7` Tow OWTi 2 12 StampMASS f Procedure & Requirements for ; an Application for a Special Permit Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete._ notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost,of the Party in interest fee. petitioner will complete items that are underlined. STI EP 7• DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSP__APER The petitioner applies for a Building Permit and receivers The petitioner picks up the legal notice from the Office a Zoning Bylaw Denial form completed by the the Zoning Board of Appeals and delivers the legal notic Building Commissioner. to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information as The petitioner should appear in his/her behalf, or be required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed: a _ _ any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in e Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4• LIST OF PARTIES IN INTEREST:.,;: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abuttersj.' General Law ch. 40Asec. 17, within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10• RECORDING THE DECISION AND PLANS Petitioner submits,one(1)original and 10`Xerox`copies The of all the required information to the Town'Clerk`s Office .petitioner-!s responsible for recording certification o to be certified by the Town Clerk with the time and date f the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St., Lawrence MA. and shall complete the Certification E Toning Board of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department.. 'IMPORTANT PHONE NUMBERS: ^78-638-9533 Office of Community Dev. & Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street t ill ` "1 North Andover, MA 01845 North Andover, MA 01845 978-688-9 fax for all Community Development offices NO V 3 t ZOO 978-688-9545 Building Department 978-688-9501 Town Clerk's Office 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office `� ALS PAGE 1 of 4 PAGE 2 OF 4 Date &Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Please complete all items 1-10 below: 1. Petitioner: *Name, *Address and telephone number:- /170 MIF *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: WO OS o SfO ��► ee orC.A..> S- Years Owned Land: 3. Location of Property: a. Street: 11VO Os*a*J J-1' Zoning District: b. Assessors: Map Number IN Lot Number: / c. Registry of Deeds: Book Number Page Number: `at_14 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. `Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. i }f 5. Describe the Special Permit request: � � —SSG o-�,- �a.Ayw rr �i...s� g s de-jC12 a a 3 L7AaIF ._.✓.� ; o /. ..„�Ii,�i�,� r NSC AS `► .rJ�-i✓�Z � .0� � C��CGnti �(,'�i The above description shall 6e 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 pagoj 4. section 9 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Minimum Lot Setback Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 2s7-j- -Lox�&Vz % l 17 7 6B. Proposed Lot(s): NA Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage o Feet Spaces Front Side A Side B Rear l k 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Front Side A Side B Rear aces Sq. Ft. Coverage % F S 3.0 i S' S �o s 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building' of Units ** *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 7B. Proposed Buildings) Nig Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. S. Petitioner and Landowner signature(s): Appeals. Evurvr =very application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of App application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish ail supporters ,documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals Joes not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and le9a notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and ulations may esult in a dismissal by the Zonin rd of thi application as incomplete. z Signature "" pe above names) here c.>>��- .�.• f '� NM ST�� �-y�� ate; I PAGE 4 OF 4 SPECIAL PERMIT 3 Specifications: 9. WRITTEN DOCUMENTATION *10.B.*Plan pe Application for a Special Permit must be supported by a I) Size of plan: Ten (10 )paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special lt) One(1)Mylar not to exceed 24"x36". i Permit from the requirements of MGLA ch. 40A, and the III) All Site plans shall be the result of an instrument North Andover Zoning By-laws, all dimensional survey certified by a Registered Professional Land requirements shall be clearly identified and factually Surveyor with a block for five(5)ZBA signatures supported. All points, 1-6, are required to be and date indicated on the Mylar.. Other registered i addressed with this application. professionals, such as Registered Architects, Registered Professional Landscape Architects, 1.The particular use proposed for the land or structure. Registered Professional Civil or Geotechnical 2.The specific site is an appropriate location for such Engineers, etc., may collaborate on the Site Plan. use, structure or condition. *10 C. *Features To Be Included On Plan: 3.There will be no nuisance or serious hazard to t) Site Orientation shall include: i vehicles or pedestrians. 1. north point 4.Adequate and appropriate facilities•will be provided 2. zoning district(s) for the proper operation of the proposed use. 3. names of streets 4. wetlands(if applicable) 5.The use is in harmony with the purpose and intent oft >{ Zoning Bylaw. 5. abutters of property,within 300 radius and response to the criteria 6. locations of buildings on adjacept properties 6.Specific reference PP ture required by the particular Special Permit for which within 50 from applicants proposed structure 1. deed restrictions, easements. this application is made(i.e.the Earth Removal Spey I Pormit nam ,p criteria and submittal In Legend 8 Graphic Aids: I 1. Pro osed features in solid lines &outlined in red P requi 2. Existing features to be removed in dashed lines 3. Graphic Scales 10. ?LAN OF LAND 4. Date of Pian I Each , -1ir;ation ►^ 11-Znning Board(,f Inrieals shall be 5. Title of Plan °fans 6. Names addresses and phone numbers of the St be cu ii— wn applicant, owner or record, and designer or Clerk's Office and ZBA secrecdi y at least thirty t30)days surveyor. prior to the public h,,-wing before the Zoning Board of appeals. 10 D. Minor Projects Minor projects,such as decks, sheds,and garages, A set of building elevation plans by a Registered shall require only the plan information as indicated with Architect may be required when the application an.asterisks(*). In some cases further information may involves new construction/a conversion/and/or a be required proposed.change in use. 11. APPLICATION FILING FEES 10 A. Major Projects A. Notification fees:Applicant shall provide a check Major projects are those which involve one of the or money order to: `Town of North Andover-#022-1760- following whether existing or proposed: 4841"for the cost of first class, certified, return receipt x I) five or more parking spaces. #of all parties in interest identified in MGLA ch. 40A§11 II)three(3)or more dwelling units, on abutter's list for the legal notice check. Also, the ill) 2000 square feet of building area. apr t.shall supply first class postage stamps x the# of parties of interest on the abutter's list for the decision Major Projects shall require that in addition to the above mailing. B. Mailing labels: Applicant shall provide four(4) features. plans must show detailed utilities, soils, and sets of mailing labels no larger than 1"x2-5i8"(3 copies !opographic information. For the Legal mailing and one copy for the Decision mailing). C. See 2005 Revised Fee Schedule. 4444 A Special Permit once granted by the ZBA Will lapse in 2(two)dears if not exercised and a new petition must be submitted. F-E-FF Contents 1. Special Permit Form 2. Permit Denial 3. Owner Authorization Letter 4. Written Document (Item 9) 5. Abutter List 6. Precedent Decision Notice 7. Floor Plan 8. Site Plan gi6�T}y Zoning Bylaw Review Form Town Of North Andover Building Department m� �F R`'XATea'gP CH 5 , 1600 Osgood Street, Building 20, Suite 2-32 North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 400 Osgood Street Ma /Lot: 94/1 Applicant: Bryan Brazil Request: Tenant fit-up Date: 11-1-06 f Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-4 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 I Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height X r74 Right Side Insufficient 4 Insufficient information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information X E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies 3 1 Insufficient Information X Remedyfor the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit B-4 Special Permit Use R-6 Density Special Permit Special Permit Pre-existing, Non- Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the a ve file.You must file a n buildin permit application form and begin the permitting proc ss. � 9 Building DepartmenfOfficial Signature Application Received App/�nied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: 014NNWs Ann- k 1 B-4 A Special Permit from the Zoning Board of Appeals is required in order to allow a private for profit lacrosse school,per Section 4.122.9.b. of the Zoning Bylaw"Private for profit educational facilities by Special Permit(1986/17)." I i Referred To: Fire Health Police X Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 TO: Zoning Board of Appeals Town of North Andover, Massachusetts, 01845 DATE: November 14, 2006 RE: Owner Authorization for seeking Special Permit on behalf of- Bryan fBryan Brazill Home Grown Lacrosse LLC With my authorization, Bryan Brazill is filing an application with the North And Zoning Board of Appeals for a Special Permit for a private, for-profit educational facility (lacrosse skill training facility) at 400 Osgood Street,North Andover, pursuant to the provisions of Sub-Section 9.b of Section 4.122 of the Zoning Bylaw of the Town of North Andover. Thank you for your consration in this matter William F. Bannister Trustee 400 Osgood St. TO: Zoning Board of Appeals . Town of North Andover, Massachusetts, 01845 DATE: November 14, 2006 RE: Written Document, Item 9 of Special Permit Form The following addresses points 1 through 6 of Item 9 of the Special Permit Form 1. The particular use proposed for the land or structure. We are requesting to use a portion of 10,000 square feet of the existing structure at 400 Osgood Street,North Andover,Massachusetts for a private, for-profit educational facility. Said facility is "Home Grown Lacrosse LLC", which is owned and operated by Bryan Brazill. This educational facility is a"lacrosse skill training service" for elementary, middle school and high school students. Our main focus will be one on one training, similar to one-to-one strength and puck masters,two tenants that already have existing businesses at the 400 Osgood St. warehouse. We will cover basic and advanced skill sets that pertain to the sport of lacrosse. Floor Space The proposed facility will consist of a field that will take up the majority of the square footage, two already existing bathrooms and a small office Parking Due to the nature of the service provided our parking needs will be minimal. I have one full time employee and we share a car. At the most two students will be receiving lessons at the same time; most of these students do not drive and will be dropped off by their parents or guardian. We will only need 3-4 parking spaces. 2. The specific site is an appropriate location for such use. Paul K. Soucy of One-to-One Strength and Bill Giles of Puck Masters were both granted a Special Permit by The North Andover Zoning Board of Appeals and operate and educational facility offering physical conditioning, health management and personal skill training at the 400 Osgood address. In addition to this Julie Paige Gediman was granted a Special Permit but chose to open her business in a different location for personal reasons. It is my belief that Home Grown Lacrosse is a comparable and compatible business to One-to-One Strength and Puck Masters, facilities offering instruction and education. 3. The will be no nuisance or serious hazard to vehicles or pedestrians. The structure at 400 Osgood Street is set well back from the road, away from passing vehicles and pedestrians. There is a conservation wet land that forms a natural barrier between the street and the proposed site. The space was previously occupied by the Town of North Andover and no known nuisances or serious hazards were reported. In comparison to the Town of North Andover the usage of the space for Home Grown Lacrosse will be minimal. It can be assumed that there will be no nuisances or serious hazards. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Betterment of the proposed facility will be in accordance with the building regulations of the Town of North Andover. Prior to any build-out, a building permit will be obtained from the Town of North Andover. This will ensure that adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of the Zoning Bylaw. A special permit throught the Zoning Board of Appeals is required for this type of use. 4.122.9.b, Section 9 (9.2) of Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made. Since the facility will use the existing lot and building, it is our belief that this question is"not applicable." Town of North. Andover RECEIVED Office of the Building Department JD jp, WAity Development and Services Division NORTH ANDOVER William j. Scott, Division Director 27 Charles Street =, -AcHUSe D. Ro AP,, ce of(4 A : 1 North Andover, Massachusetts 01845 3 w'' s Telephone(978)688-9545 Building Commissioner Fax(978)688-9542 Any appeals shall be filed NOTICE OF DECISION within(20)days after the year 2000 date of filing of this notice Property at: 400 Osgood Street in the office of the Town Clerk NAME: Paul K Soucy,of DATE: 12/19/2000 One To One Strength Training,Inc. ADDRESS: 400 Osgood Street PETITION: 042-2000 North Andover,MA 01845 HEARING: 12/12/2000 The Board of Appeals held a regular meeting on Tuesday,December 12,2000,at 7:30 PM upon the application of Paul K Soucy,d/b/a One To One Strength Training,Inc.,400 Osgood Street, North Andover,MA as.a Party Aggrieved of the Building Inspector and for a Variance from the requirements of S7,P7.3, for driveway width and from Section 8, Supplementary Regulations to allow for less than the required number of parking spaces,and for a Finding from Section 4.122,P 9.b(private for profit educational facilities)in order to allow for the permitted use of a"physical conditioning clinic"within the R4 Zoning District. The following members were present:Walter F.Soule,Raymond Vivenzio,Robert Ford,John Pallone,and Scott Katpinsld. Upon a motion made by Robert Ford,and 2"d by John Pallone,the Board voted to uphold the decision of the Building Inspector and to deny the Party Aggrieved portion of the application,voting in favor: Walter F. Soule,Raymond Vivenzio,Robert Ford,John Patton,Scott Karpinski. Upon a motion made by Robert Ford and 2°d by John Pallone the Board voted to GRANT a VARIANCE on parking of 34 parking spaces from a requirement of 61 down to 27 parking spaces on the condition that any change in use in any portion of the structure shall require the petitioner to return to this Board for review and approval of parking requirements for the building pursuant to authority granted by the Board from S8.1.5 of the zoning bylaw. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made.by Robert Ford and 2nd by John Pallone the Board voted to GRANT a VARIANCE from S7,P 8.1.7 for 3'in aisle width in two locations to allow for use in this district and on this site,as shown on the Plan of Land prepared for 400 Osgood Street,by: David Liukkonen,#29381,KNA, 10 Commercial Park,N. Suite 3B,Bedford,NH. 03110,dated October 2000. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made by Robert Ford and 2nd by John Pallone the Board voted to find in favor for private for profit educational use in the R-4 District in order to allow for permitted use of a physical conditioning clinic as a permitted use in that district and moved that the Board GRANT a SPECIAL PERMIT to allow this use on 400 Osgood Street. Voting in favor: WFS/RV/RF/JP/SK. Page 1 of 2 {3UIL1)1NG 68-3-9-545 C0NS ;R\:\'iC)N 681:530 c1l:.±L11I 611-9 4O P%.��1"lNii G83-95.i5 RE C�I�i ED JOYCE B-WSHAW CONTINUED— 2nd page—dated: 12/19/2000 TOWN CLERK NORTH ANDOVER decision for: Paul K. Soucy, d/b/a One To One Strength Training Inc. address: 400 Osgood Street,North Andover,MA 01845 ZOOO DEC 20 All: lb 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 fords that owing to circumstances relating to soil conditions, shape,or topography 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,finan4ial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. Furthermore,if the rights authorized by the variance are not exercised within one(1)year of the date of the grant,they 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,they shall lapse and may be re-established only after notice,and a new hearing. By order of the Zo4ing2oard of Appeals, Raymond Vivenzio,a Chairman ml/decisi ons2000/44/45 Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Pro at: 400 Osgood Street NAME: William L.Giles,Jr.,25 Sunrise Drive, BEARING(S): January 10,2006 Bradford,MA 01835 ADDRESS: for premises at:400 Osgood Street PETITION: 2005-038 North Andover,MA 01845 TYPING DATE: January 20,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,January 10,2006 at 7:30 PM upon the application of William L.Giles,Jr.,25 Sunrise Drive,Bradford,MA 01835,for premises at:400 Osgood Street(Map 94Parcel 1),North Andover requesting a Special Permit from Section 4,Paragraph 4.122.9.b of the Zoning Bylaw in order to establish a private for profit educational facility for one-on-one hockey training on synthetic ice. Said premise affected is property with frontage on the West side of Osgood Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list deemed by the Assessor's Office of North Andover to be affected,and were published in the Eagle- Tribune,a newspaper of general circulation in the Town of North Andover,on December 26,2005&January 2,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D. Ippolito,and Richard M. Vaillancouit. The following non-voting member was present: Daniel S.Braese. Upon a motion by Richard J.Byers and 2nd by Richard M. Vaillancourt,the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.122.9 of the Zoning Bylaw in order to allow a"Puckmasters»private for profit educational facility for one-on-one hockey training on synthetic ice per: Site: 400 Os ood Stmt 94Parcel 1),North Andover,MA 10845 Site Plan Title: Asbuilt Plan of Land in North Andover,Massachusetts,prepared for 400 Osgood Street Nominee Trust,William F.Bannister,Trustee&Parking Layout Plan prepared for:400 Osgood Street,Lot 94-1—North Andover, Massachusetts,Owner:400 Osgood Street Nominee Trust,c/o William Bannister,380 Winter Street,North Andover,MA 01845-140 Vol. 5131:Pg. 214(July 30, 1998)N.E.R.D,Plan#13919 Date(&Revised Dates): March 22,2002 Date:June 09,2004 Land Surveyor& Joseph A.Esposito,P.L.S.#18923,Pembroke Land Survey,P.O.Box 205, Registered Professional Salem,NH 03079&David C.Liukkonen,R.P.E.#29381,KNA Keach- Engineer Nordstrom Associates,Inc., 10 Commerce Park North,Suite 3B, Bedford,NH 03110 Sheet/Drawing Drawing no.M-1261-L,Sheet 1 of 1&Project No.98-0811-1,Sheet 1 of 1 Budding Plan Title Bannister Building Tenant Plans,North Andover,MA,Floor Plan By: Jensen Stenbak Architecture,Interiors,Project Management,4 Auburn Road, Londonderry,New Hampshire 03053&Floor Plan Proposed Renovation [Tenant#41 Lot 94-1 Osgood Street,North Andover,MA&Elevations PToposed Renovation[Tenant#41 Lot 94-1 Osgood Street,North Andover MA Date: 8 Oct 99,5 Nov 9918 Feb 00 Added Tenant#5 Sheet/Drawing Drawing No.:A-101&Drawing 1&Drawing 1 Page 1 of 2 With the following condition: 1. Any change in use in the"Puckmasters",or Tenant#4 lease area,shall require the petitioner to return to this Board for review and approval;especially for review and approval of parking requirements for the building Voting in favor: Ellen P.McIntyre,Richard L Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Richard M. Vaillancourt. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 of the zoning bylaw and that granting this Special Permit from 4.122.9.b of the North Andover Zoning Bylaw for the one-on-one by appointment, only"Puckmasters"training anter will not adversely affect the neighborhood nor will this use be a nuisance or serious hazard to vehicles or pedestrians. The Board finds that the 400 Osgood site is an appropriate location for this use. The Board finds that adequate and appropriate facilities will be provided for the proper operation of the private for profit educational facility. The Board finds that this use is in harmony with the general purpose and intent of the Bylaw,and such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. 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, E116P.McIntyre, Chair Decision 2005-038. M94P1. Page 2 of 2 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 premises at:400 Osgood Street, NAME: Julie Paige Gediman,8 Hitchcock Farm HEARING(S): July 13,2004 Road,Andover,MA ADDRESS: for promises at:400 Osgood Street, PETITION: 2004-019 North Andover,MA 01845 TYPING DATE: July 15,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 13, 2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Julie Paige Gediman,8 Hitchcock Farm Road,Andover,MA,for premises at:400 Osgood Street,North Andover,requesting a Special Permit from Section 4,Paragraph 4.122.9(b)and Table 1,and Section 9,Paragraph 9.2 of the Zoning Bylaw in order to allow a non-conforming use in a portion of a pre- existing ro-existing building. The said premise affected is property with frontage on the West side of Osgood Street within the R4 zoning district. The legal notices were published in the Eagle Tribune on June 28&July 5, 2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J. Byers,and Albert P.Manzi,M. Upon a motion by John M.Pallone and 2°d by Richard J.Byers,the Board voted to GRANT a Special Permit from 4.122.9(b)and Table 1 of the Zoning Bylaw to allow The Paige Conservatory of the Performing Arts to use a portion of the pro-existing building at 400 Osgood Street for classes in dance, acting,and musical theater per Bannister Building Tenant#2 North Andover,MA,Floor Plan/Tenant#2 Plan,red outlined*Proposed Paige Conservatory,Drawing,No.:A-101,by Jensen Stenbak,Architecture and Interiors,4 Auburn Road,Londonderry,New Hampshire 03053 and Plan of Land:400 Osgood Street, Lot 94-1—North Andover,Massachusetts Owner:400 Osgood Street,Nominee Trust,c/o William Bannister,380 Winter Street,North Andover,MA 01845-140,vol.5131;pg.214,(July 30, 1998),Date: June 09,2004,Project no.98-0811-1 by David C.Liukkonen,R.P.E.#29381,Keach-Nordstrom Associates,Inc., 10 Commerce Park North,Suite 3B,Bedford,NH 03110. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P. Manzi,I11. The Board finds that the applicant does not require a Special Permit from Section 9,Paragraph 9.2;private, for-profit educational facilities are allowed in R-4 with a Special Permit. Also,the Board finds that the applicant has satisfied the provisions of Section 4.,Paragraph 4.122.9(b)of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing usage (temporary Town Hall)to the neighborhood and that the student age and maximum class size of 14 will not require more than the existing 27 parking spaces. Pagel of 2 i 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 i Town of North Andover Board of Appeals, i Ellen P.McIntyre,Chair 2004-019. M94P1. Page 2 of 2. Abutter to Abutter( ) Building Dept ( ) Conservation ( ) Zoning ( ) Town of North Andover 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 oppositeon any public or private 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,not withstanding 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." Subject Properfv: MAP PARCEL Name Address 94 1 William Bannister,Jr 380 Winter Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 94 2/3/4/5 Town Of North Andover 120 Main Street,North Andover,MA 01845 102 7 Clive Gamble 436 Osgood Street,North Andover,MA 01845 102 3 Arthur Larson 440 Osgood Street,North Andover,MA 01845 95 49 Francis Murphy 12 Harkaway Road,North Andover,MA 01845 95 50 Lindon Pulley 18 Harkaway Road,North Andover,MA 01845 95 56 John Enright 55 Camden Street,North Andover,MA 01845 95 12 J David White 374 Osgood Street,North Andover,MA 01845 95 19 Paul Rhodes 663 Lockwood Avenue Webster Grove,MO 63119-3540 95 19-1.A Michael Porfido 21 Concord Street,North Andover,MA 01845 95 19-2.A Elba Morency 23 Concord Street,North Andover,MA 01845 95.A 54 Robert Zuzack 54 Millpond,North Andover,MA 01845 95.A 55 VSM Realty Trust 9 Bartlett Street,Andover MA 01810 95.A 56 Dutie Wilson 56 Millpond,North Andover,MA 01845 95.A 57 Michael Doran 57 Millpond,North Andover,MA 01845 95.A 58 Lauren Segee 58 Millpond,North Andover,MA 01845 95.A 59 Richard Artenstein 59 Millpond,North Andover,MA 01845 95.A 60 Brian McCarthy 60 Millpond,North Andover,MA 01845 95.A 61 Boris Ostrovsky 42 Broadlawn Drive,Chestnut Hill,MA 02467 95.A 62 Andrew Silverman 62 Millpond,North Andover,MA 01845 95.A 63 Kenneth Straus 63 Millpond,North Andover,MA 01845 84 29/13/14 Town Of North Andover 120 Main Street,North Andover,MA 01845 1 84 24 Stoneham Savings Bank 359 Main Street,Stoneham,MA 02180 84 11 Paul Tusa 53 Concord Street,North Andover,MA 01845 84 12 Slipkowsky Rev.Trust 46 Camden,North Andover,MA 01845 84 10 Teresa Hickey 43 Concord Street,North Andover,MA 01845 84 15.A Lynette Carpenito 59A Concord Street,North Andover,MA 01845 84 15.B Kemberly Thibeault 57B Concord Street,North Andover,MA 01845 84 28A/28-2C Santo Mangano Irrrev.Tr. 90 Main Street,Andover,MA 01845 84 28IC1283C Santo Mangano Irrrev.Tr. 90 Main Street,Andover,MA 01845 1� 84 284C/285C Santo Mangano Irrrev.Tc 90 Main Street,Andover,MA 01845 -' 84 28B E&S Realty Trust 565 Chickering Road,North Andover,MA 01845 84 28-2B Margaret Gorham 362 Sea Bass Drive,Fripp Island,SC 29920-9795 84 28-3B Ronald Wedge 104 Margin Street,Haverhill,MA 01830 84 28-46 W.J.P.Realty Trust 585 Chickering Road,North Andover,MA 01845 84 28.6C Kenyon Realty Trust 595 Chickering Road,North Andover,MA 01845 84 2811 B/12B Juba Realty Trust 555 Salem Street,North Andover,MA 01845 Page:1 of 2 III This certifies that the names appearing on the records of the Assessor Office as of Certified by: DateL..-/ :,l' 84 28-24 Steven Quinn 24 Bunkerhill Street, North Andover, MA 01845 84 28-26 Gary Graf 26 Bunkerhill Street, North Andover, MA 01845 84 28-30 Frank Bartashy 30 Bunkerhill Street, North Andover, MA 01845 84 28-34 Carrie Sampson 34 Bunkerhill Street, North Andover, MA 0184.5 84 28-36 Scott Flores 145 West Adams Street, Summerville, MA 02144 84 28-67 Richard Farrell 67 Concord Street, North Andover, MA 01845 84 28-1 B Santo Mangano lrrrev.90 Main Street,Andover, MA 01845 —� page 2 of 2 This certifies that the names appearing on the records of the AssessWs Office as of -0 Certified b Date 6 1 1 �eMCE I I 1 i I ou 1110a" i mol�EOlel I { i �ERACL i i a i I , r I I i' f ! 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SIE PLAN PREPARED FOR: °�` 400 osb000 STREET owns �mn DAM SEPT., ,99s 4QO �SVvw STREET rawaEE TRUST 11l�"i tri %,wwAw awwsrEre ecuaK+• - ao' �o"HIM sIREET ,°a..am Avopm* w,.`�.o wr`�`�P,Pa ur`�.w�":�.n-w. LOT 94-1 — NORTH MID011ER. MASS/)CHUSETi� K+oRrn ANoovER. a�me4s-,4o +° P.��LD LAbLT BMW z OV a v0L 5131: PC 214(JULY 30 1998)