Loading...
HomeMy WebLinkAboutBRETON PROPERTIES INC t RECEIVED T 111 IN ' KI P S O IFJF m 2Ob JAN —6 AIN 80 38 See Section 8.3 of the North Andover Zoning Bylaw for mare detailed information 5>>ti U NORTH {N Town of North Andover Plannin B �T �ME- , Please type or print clearly: 1. Petitioner: Ellis Court, LLC Address: 820A Turnpike Street North Andover, MA 01845 Telephone Number: 978 689-0800 2. Owners of the Land: Breton Properties, Inc. Address: 9 Kent Court West Newbury MA 01895 Telephone Number:—978 363-2460 Number of years ownership: 8 Years If applicant is not the owner,please state interest in property: Under Agreement 3. Request for a Special Permit under Section 8 of the North Andover Zoning Bylaw to grant Site Plan Approval for a seven unit residential building to be built in placeofan existing seven unit residential structure which will be razed. 4. Location of Property: 1 -7 Ellis Court Zoning District: General RLsiness Assessors: Map: 2 9 Lot# 20 Registry of Deeds: Book#:4,9 3 6 Page# 338 5. Existing Lot: Lot Area(Sq. Ft): 1 9.91 3 Building Height: 26 ' Street Frontage; * Side Setbacks: Font Setback: * Rear Setback: Floor Area Ration: 0, 32: 1 Lot Coverage: 22% 6. Proposed Lot(if applicable): Lot Area(Sq.Ft.): 19,913 Building Height: 35 ' Street Frontage: * Side Setback: Front Setback: * Rear Setback: Floor Area Ratio: Lot Coverage: 21 % * See Development Summary on Site Plans ' k 7. Required Lot (as required by Zoning Bylaw); Lot Area (Sq.Ft.): 25, 000 sq ft Building Height: 4 S Street Frontage: 125 ' Side Setback: 25 ' Front Setback: 25 ' Rear Setback: 25 ' Floor Area Ratio: n/a Lot Coverage: 35% 8. Existing Building (if applicable): Ground Floor(Sq.Ft.) 4, 334 sq ft #of Floors 2 Total Sq. Ft.; h, 5 00 sq. ft Height: 96 Use: Residential Type of Construction: Wood Frame 9. Proposed Building: Ground Floor(Sq.Ft.) 4, 256 5 6 sq ft #of Floors 3 Total Sq. Ft.; 8, 512 sg f t Height: 35 ' Use: Residential Type of Construction: wood Frame 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? no If so,when and for what type of construction? 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. 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 Planning Office 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 Planning Board Rules and Regulations may res 'n a dismi sal by the Planning Board of this application inc Petitioner's Signature: Print or type name here: Peter C. Shaheen for Ellis Court LLC Owner's Signature: --"f Print or type name here: Dee Brenner for Rre -on Properties, Inc. Abutter to Abutter( x ) 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." Subiect Property: MAP PARCEL Name Address 29 20 Breton Properties 0 Ellis Court North Andover,MA 01845 Abutters Properties Map Parcel Name Address 18 1 L.Carlson Realty Trust 39 Main Street North Andover,MA 01845 18 2 Hans Christensen 9 Morton Street North Andover,MA 01845 18 3 Evcon Realty Trust 1 Cherry Lane Georgetown,MA 01833 18 33 Frederick Spicer 20 Hodges Street North Andover,MA 01845 18 35 Ramsey Bahrawy 55 Main Street North Andover,MA 01845 18 36 Douglas Small 548 Forest Street North Andover,MA 01845 18 37 Dimitrios Nikitas 5 Aqua Way Salem,NH 18 38 James Gioia 24 Hodges Street North Andover,MA 01845 18 39 Barbara Blanchette 15 Waverley Road North Andover,MA 01845 18 40 Shirley Conlin 21 Waverley Road North Andover,MA 01845 18 42 J&M Realty Trust 69 Main Street North Andover,MA 01845 18 43 Lee Bluemel 28 Waverly Road North Andover,MA 01845 28 8 Trip krth Realty 16 Main Street North Andover,MA 01845 28 12 Sutton Redevelopment,LLC 30 Main Street North Andover,MA 01845 28 13 Sutton Redevelopment,LLC Po Box 486 North Andover,MA 01845 28 14 Anthony Conte Sr Po Box 486 North Andover,MA 01845 28 15 Christopher Downer 21 Main Street North Andover,MA 01845 28 16 Lesley Carlson 39 Main Street North Andover,MA 01845 28 17 Carlson Realty Trust 39 Main Street North Andover,MA 01845 29 1 855 Realty Trust 91 Quail Run Lane North Andover,MA 01845 29 2 Phillip Miller 16 Saunders Street North Andover,MA 01845 29 3 Phillip Miller 16 Saunders Street North Andover,MA 01845 29 4 Vasiliy rAO N, 24 Saunders Street North Andover,MA 01845 29 5 Philip Wentworth 32 Saunders Street North Andover,MA 01845 29 6 Kiame Mahaniah 34 Saunders Street North Andover,MA 01845 29 7 Paul Taylor 38 Saunders Street North Andover,MA 01845 29 8 Steven Nugent 44-46 Saunders Street North Andover,MA 01845 29 9 Robert Turner 54-56 Saunders Street North Andover,MA 01845 29 10 Robert Hardy 58 Saunders Street North Andover,MA 01845 29 11 Steven Perlmutter 60-62 Saunders Street North Andover,MA 01845 29 15 Eugene Willis 76 Boston Hill Road North Andover,MA 01845 29 16 Dorothy Taylor 29 Saudners Street North Andover,MA 01845 29 17 John Tucci 31-33 Saunders Street North Andover,MA 01845 29 18 Ehteram Vakili 6301 Glade Avenue Apt#K302 Woodiane Hill,CA 91367 29 19 J.A.M.Realty Trust Corp. 15 Glen Avenue Methuen,MA 01844 29 21 Spelios Rally 329 So Main Street Bradford,MA 01835 29 22 Lee Briggs 11 Saunders Street North Andover,MA 01845 29 23 Town of North Andover 120 MainStreet North Andover,MA 01845 29 24 Wayne Stanuchenski 16 Cleveland Street North Andover,MA 01845 29 25 Pacific Main Realty Trust. > PO Box 486 North Andover,MA 01845 29 39 Rack Realty,LLC 91 Hampstead Street Methuen,MA 01844 20 40 J&M Realty Trust 701 Salem Street North Andover,MA 01845 29 41 Paul Dedoglou 675 Foster Street North Andover,MA 01845 29 42 John McElhiney 190 Kings Highway U-A16 Hampton,NH 03842 29 52 Michael Kellan 90 Main Street North Andover,MA 01845 29 53 Jacqueline Urso 5468 Highway 223N Viola,AR 72583 29 55 Robert Safi 22-24 Cleveland Street North Andover,MA 01845 Page IO1 This Certifies that the names appearing on the records of the f Assess--pffice as of Nor:ry Town of North Andover office of the Planning Department Community Development and Services Division ° A 400 Osgood Street r+,RCCEIVEC) 7> , North Andover,Massachusetts 01845 f �, " i Ra- littP:jfwww,toAnofnorthandover.com p,4T.o •*`is 2006 HAR 3 AMI 8-' 37 '4sSacraus�i T `I,,!,'y nF` Lincoln Daley P 978-688-9535 HA Ig0R+ # + E R Town Planner F 978-688-9542 S�� ':r' r - Town Clerk Time Stamp NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this Notice in the office of the Town Clerk. Date: March 2, 2006 Date of Hearing: February 7, &21, 2006 Petition of. Ellis Court,LLC, 820A Turnpike Street,North Andover,MA 01845 Premises Affected: 1-7 Ellis Court,North Andover,MA 01845 Referring to the above petition with provision of M.G.L., Chapter 40A, Section 11 & Section 8.3 of the zoning bylaw for a Site Plan Review Special Permit for a seven unit residential building to be built in place of an existing seven unit residential structure which will be razed. Property is located within the G-B zoning district. At a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Review Special Permit with a unanimous vote of 4-0 based on the following conditions: Signed: Lincoln Daley, Town Planner cc: Applicant Engineer Richard Nardella, Chair Abutters John Simons, Vice Chair Town Departments Richard Rowen, acting Clerk Alberto Angles Jack Green Page 1 1 —7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit The Planning Board herein approves the Site Plan Special Permit to raze the existing seven unit 6,500 s.f. residential building and construct a seven-unit condominium building 8,512 s.f residential building, 17 parking spaces, limited grading work and landscaping. The residential building is located on Ellis Court within the General Business(GB)Zoning District. The primary access and egress from the site will be from Saunders Street with an emergency access from Main Street. This Special Permit was requested by Ellis Court, LLC located at 820A Turnpike Street,North Andover, PP MA 01845. The application was filed with the Planning Board P on January 6, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9 The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed building involves the continuation of the pre-existing, non-conforming residential use of the site within the General Business Zone. The proposal calls for razing the existing seven unit multifamily structure and constructing a seven-unit condominium building. The proposal will be constructed in the same location utilizing a smaller footprint and remedy many of the safety concerns involving the existing building. 2) The use as proposed will not adversely affect the neighborhood as a sufficient buffer and landscaping has been provided along the perimeter of the site. The landscaping has been placed so as to enhance the appearance along the frontage of Main Street and northern portion of the site abutting residential properties in accordance with the landscaping and site plans referenced in Condition #9(N). All plantings and screening depicted on the approved plans referenced herein, shall remain in perpetuity over the life of the project. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal improves pedestrian safety and vehicular circulation within the site by providing unobstructed access to the entire site and pedestrian walkways. The 12' wide fire lane (constructed of grass pave) from Main Street provides a means of secondary access for emergency vehicles to access the site. The number of vehicle trips from this site will be negligible and will not impact traffic along Saunders Street. 4) The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw. The landscape plan enhances the appearance of the property and improves the overall character of the area. 5) The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed by the Division of Public Works and the Outside Consulting Engineer, Vanasse, Hangen Brustlin, Inc. The Planning Board determined that due to the type and extent of construction, the proposal will not significantly deviate from the drainage and stormwater management design currently in place and approved by the Planning Board. Page 2 of 8 1—7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit 6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The new building will be serviced by town water and sewer. 8) On November 18, 2005, the Zoning Board of Appeals granted a dimensional Variance from Section 7, Paragraphs 7.2, 7.3, and Table 2 of the Zoning Bylaw for relief from the requirements for street frontage on Saunders Street of 112.46 feet,the south (rear) setback of 24 feet, for the west side setback of 9 feet, and for the east side setback of 3.7 feet in order to raze and rebuild a 7-unit residential structure. In conjunction with the previous variance, the Zoning Board of Appeals granted a Special Permit from Section 9, Paragraphs 9.1 and 9.2 of the Zoning Bylaw in order to raze a pre-existing, non-conforming lot per Special Permit and Variance Plan. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: Permit Definitions: i) The "Locus" refers to the 19,913 sf parcel of land with land fronting on Main Street and Saunders Street as shown on Assessors Map 29, lot 20, and also known as 1 —7 Ellis Court,North Andover, Massachusetts. ii) The "Plans" refer to the plans prepared by Marchionda&Associates,LLP Consultants dated January 3, 2006, Revised February 10, entitled"Site Plan for Ellis Court Condominiums,North Andover, Massachusetts 01845"and consisting of sheets 1 through 6. iii) The "Project" or"Ellis Court Condominiums"refers to the construction of a 8,512 s.f. residential building, 17 parking spaces, limited grading work and landscaping iv) The "Applicant" refers to Ellis Court, LLC, the applicant for the Special Permit. v) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 1) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. Page 3 of 8 1 —7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit 2) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. 3) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. 4) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off- site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must be held with the developer, their construction employees and Planning Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover Land-Use Boards. G) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. Page 4 of 8 1—7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit I 5) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 6) DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 7) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The building must have any and all fire sprinklers installed in accordance with the Massachusetts General Laws Chapter 148 Section 26. B) The applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond, determined by the Planning Board,to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to anticipated occupancy. C) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to I Page 5 of 8 1 —7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. D) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 8) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to the Planning Department. 9) GENERAL CONDITIONS A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. C) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible, but shall be trucked off site whenever snow exceeds onsite storage capacity. D) Should the Project Owner transfer the project, the buyer shall meet with the Planning Board to update the Board on the status of the project. E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. G) The hours for construction shall be limited to between 7`:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. Page 6 of 8 1—7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit H) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. I) No underground fuel storage shall be installed except as may be allowed by Town Regulations. J) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. K) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. L) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. M) This Special Permit approval shall be deemed to have lapsed two years after the February 21, 2006 granting of this special permit on February 21, 2008, exclusive of the time required to pursue or await determination of any appeals., unless substantial use or construction has commenced within said two year period or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun renovation of the existing structures. N) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: Site Plan for Ellis Court Condominiums North Andover,Massachusetts Prepared for: Ellis Court,LLC. 820A Turnpike Street North Andover,MA 01845 Prepared by: Marchionda&Associates,L.P. 62 Montvale Avenue Stoneham,MA 02180 Scale: 1"=20' Date: January 3,2006,Revised February 10,2006 Sheets: 1 —6 2) Architectural Designs: Untitled Prepared by: New England Homes,Inc. 270 Ocean Road Greenland,NH 03840 Prepared for: Ellis Court,LLC. 820A Turnpike Street North Andover, MA 01845 Page 7 of 8 1 —7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit RECEIVED Date: 10/25/05 Revised 11/22/05 Town cl P-0 Sheets: 1 - 19 2#06 R —3 cc: Director of Public Works AM 37 Building Inspector To $ frr Town Manager rNORT ' A3y Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File Page 8 of 8 0 NoaYti Town of North Andover Opt Office of the Planning Department f? • : • oA Community Development and Services Division 40-so-Aft —e 400 Osgood Street (r ►�. CCE}vi� * North Andover,Massachusetts 01845 - �?{ t` � } ��� �+ • http://www.townofnorthandovercom C S 2006 MAR -3 An g: 37 $� r++Jyt Tow,qi' Lincoln Daley P 978-688-9535 ucr"i F} O vER Town Planner F 978-688-9542 MA SS A C�jT' Town Clerk Time Stamp NOTICE OF DECISION ATTEST. Any appeal shall be filed A True Copy within(20) days after the 0 Y414at.1 date of filing this Notice "Town Clerk in the office of the Town Clerk. Date: March 2, 2006 Date of Hearing: February 7, &21, 2006 Petition of: Ellis Court,LLC, 820A Turnpike Street, North Andover,MA 01845 Premises Affected: 1-7 Ellis Court, North Andover,MA 01845 Referring to the above petition with provision of M.G.L., Chapter 40A, Section 11 & Section 8.3 of the zoning bylaw for a Site Plan Review Special Permit for a seven unit residential building to be built in place of an existing seven unit residential structure which will be razed. Property is located within the G:B zoning district. At a public hearing given on the above date,the Planning Board voted to APPROVE a Site Plan Review Special Permit with a unanimous vote of 4-0 based on the following conditions: 41�Signed: _ + Lincoln Daley, Town Planner cc: Applicant Engineer Richard Nardella, Chair Abutters John Simons, Vice Chair Town Departments Richard Rowen, acting Clerk Alberto Angles Jack Green This is to certify that twenty(20)days have elapsed from date of decision,filed without filing of an appeal. D Date of 1sl�,e°CFi Joyce A.Bradshaw Pae 1 Town own Ctsrk 1 —7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit The Planning Board herein approves the Site Plan Special Permit to raze the existing seven unit 6,500 s.f residential building and construct a seven-unit condominium building 8,512 s.f residential building, 17 parking spaces, limited grading work and landscaping. The residential building is located on Ellis Court within the General Business(GB)Zoning District. The primary access and egress from the site will be from Saunders Street with an emergency access from Main Street. This Special Permit was requested by Ellis Court, LLC located at 820A Turnpike Street,North Andover, MA 01845. The application was filed with the Planning Board on January 6, 2006. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9 The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed building involves the continuation of the pre-existing, non-conforming residential use of the site within the General Business Zone. The proposal calls for razing the existing seven unit multifamily structure and constructing a seven-unit condominium building. The proposal will be constructed in the same location utilizing a smaller footprint and remedy many of the safety concerns involving the existing building. 2) The use as proposed will not adversely affect the neighborhood as a sufficient buffer and landscaping has been provided along the perimeter of the site. The landscaping has been placed so as to enhance the appearance along the frontage of Main Street and northern portion of the site abutting residential properties in accordance with the landscaping and site plans referenced in Condition #9(N). All plantings and screening depicted on the approved plans referenced herein, shall remain in perpetuity over the life of the project. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal improves pedestrian safety and vehicular circulation within the site by providing unobstructed access to the entire site and pedestrian walkways. The 12' wide fire lane (constructed of grass pave) from Main Street provides a means of secondary access for emergency vehicles to access the site. The number of vehicle trips from this site will be negligible and will not impact traffic along Saunders Street. 4) The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw. The landscape plan enhances the appearance of the property and improves the overall character of the area. 5) The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed by the Division of Public Works and the Outside Consulting Engineer, Vanasse, Hangen Brustlin, Inc. The Planning Board determined that due to the type and extent of construction, the proposal will not significantly deviate from the drainage and stormwater management design currently in place and approved by the Planning Board. Page 2 of 8 1 —7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit 6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The new building will be serviced by town water and sewer. 8) On November 18, 2005, the Zoning Board of Appeals granted a dimensional Variance from Section 7, Paragraphs 7.2, 7.3, and Table 2 of the Zoning Bylaw for relief from the requirements for street frontage on Saunders Street of 112.46 feet, the south(rear) setback of 24 feet, for the west side setback of 9 feet, and for the east side setback of 3.7 feet in order to raze and rebuild a 7-unit residential structure. In conjunction with the previous variance, the Zoning Board of Appeals granted a Special Permit from Section 9, Paragraphs 9.1 and 9.2 of the Zoning Bylaw in order to raze a pre-existing,non-conforming lot per Special Permit and Variance Plan. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: Permit Definitions: i) The"Locus" refers to the 19,913 sf parcel of land with land fronting on Main Street and Saunders Street as shown on Assessors Map 29, lot 20, and also known as 1 —7 Ellis Court,North Andover, Massachusetts. ii) The "Plans"refer to the plans prepared by Marchionda&Associates, LLP Consultants dated January 3, 2006, Revised February 10, entitled"Site Plan for Ellis Court Condominiums,North Andover, Massachusetts 01845"and consisting of sheets 1 through 6. iii) The"Project"or"Ellis Court Condominiums"refers to the construction of a 8,512 s.f. residential building, 17 parking spaces, limited grading work and landscaping iv) The "Applicant"refers to Ellis Court, LLC, the applicant for the Special Permit. v) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 1) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official Page 3 of 8 I —7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit 2) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. 3) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. 4) PRIOR TO THE START OF CONSTRUCTION A) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. B) All applicable erosion control measures as shown on the plan must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off- site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. D) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown - on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must be held with the developer, their construction employees and Planning Department to discuss scheduling of inspections and inspections to be conducted on the project. F) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover Land-Use Boards. G) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. Page 4 of 8 1 —7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit 5) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 6) DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. C) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 7) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) The building must have any and all fire sprinklers installed in accordance with the Massachusetts General Laws Chapter 148 Section 26. B) The applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property owner may provide a bond, determined by the Planning Board, to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to anticipated occupancy. C) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from g Y such lighting falls entirely within the site and shall be shielded or recessed so as not to Page 5 of 8 1 —7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit � shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. D) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 8) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to the PIanning Department. 9) GENERAL CONDITIONS A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die must be replaced by the project owner in perpetuity. B) Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. C) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible, but shall be trucked off site whenever snow exceeds onsite storage capacity. D) Should the Project Owner transfer the project, the buyer shall meet with the Planning Board to update the Board on the status of the project. E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. G) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. Page 6 of 8 1 —7 Ellis Court,Map 29 Lot 20 Site Plan Special Permit H) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. I) No underground fuel storage shall be installed except as may be allowed by Town Regulations. J) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. K) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. L) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the developer must submit revised plans to the Planning Board for approval. M) This Special Permit approval shall be deemed to have lapsed two years after the February 21, 2006 granting of this special permit on February 21, 2008, exclusive of the time required to pursue or await determination of any appeals,, unless substantial use or construction has commenced within said two year period or for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun renovation of the existing structures. N) This Site Plan Review Special Permit approval is based upon the following information which is incorporated into this decision by reference: 1) Plan titled: Site Plan for Ellis Court Condominiums North Andover,Massachusetts Prepared for: Ellis Court,LLC. 820A Turnpike Street North Andover,MA 01845 Prepared by: Marchionda&Associates,L.P. 62 Montvale Avenue Stoneham,MA 02180 Scale: 1"=20' Date: January 3,2006,Revised February 10,2006 Sheets: 1 —6 2) Architectural Designs: Untitled Prepared by: New England Homes, Inc. 270 Ocean Road Greenland,NH 03840 Prepared for: Ellis Court, LLC. 820A Turnpike Street North Andover,MA 01845 Page 7 of 8 1 —7 Ellis Court, Map 29 Lot 20 Site Plan Special Permit Date: 10125/05, Revised 11/22/05 too CLER'S O Sheets: 1 - 19 ' �1C� 7096 MAR _3 � �: 37 cc: Director of Public Works Building Inspector TO V!P Town Manager NORTH t1ASSAC10.t- Conservation Administrator ; Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File Page 8 of 8 u Town of North Andover Town Clerk Time Stamp_ } =G '<r -tuniity Development and Services Division Office of the Zoning Board of Appeals 400 Osgood-Street *'-' r`_ s (1H IC North Andover, Massachusetts 01.845 ���NOY �� � 4:Gerald A,Bro o-n Telephone (978)688-9541 25 Inspector ofl Buildings Fax (978)688-9542 pp � , , )Y, i h the '^. d NORTH Any appeal shall be filed within Notice of Decision " SSAG4= (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass. Gen.L_ch. 40A, §17 Property at: 1-7 Ellis Court NAME: Ellis Court LLC c/o Peter G.Shaheen, HEARING(S): October 11&November 8, 820A Turnpike Street,North Andover 2005 ADDRESS: 1-7 Ellis Court PETITION: 2005-029 North Andover,MA 01845 TYPING DATE: November 18,2005 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,November 8,2005 at 7:30 PM upon the application of Ellis Court LLC c/o Peter G. Shaheen,820A Turnpike Street,North Andover,for premises at: 1-7 Ellis Court,North Andover,MA requesting a dimensional Variance from Section 7,Paragraphs 7.2&7.3 and Table 2 of the Zoning Bylaw for relief of the requirements for street frontage and rear and side setbacks in order to raze and rebuild a 7 unit residential structure,and for a Special Permit from Section 9,Paragraphs 9.1&9.2 of the Zoning Bylaw in order to raze a pre-existing,non-conforming 7 unit residential structure and replace it with a new 7 unit residential structure on a pre-existing,non-conforming lot. Said premises affected is property with frontage on the Eastern side of Main Street and on the Southern side of Saunders Street within the G-B zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune on September 26&October 3,2005. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,David R. Webster,and Daniel S.Braese. The following non-voting members were present: Thomas D. Ippolito and Richard M. Vaillancourt,. Upon a motion by Richard J.Byers and 2nd by David R. Webster,the Board voted to GRANT a dimensional Variance from Section 7,Paragraphs 7.2,7.3,and Table 2 of the Zoning Bylaw for relief from the requirements for street frontage on Saunders Street of 112.46 sq_.ft.,the south(rear)setback of 24',for the west side setback of 9',and for the east side setback of 37 in order to raze and rebuild a 7-unit residential structure;and upon a motion by Richard J.Byers and 2n"by David R Webster,the Board voted to GRANT a Special Permit from Section 9,Paragraphs 9.1 &9.2 of the Zoning Bylaw in order to raze a pre-existing,non-conforming 7-unit residential structure and replace it with a new 7-unit residential structure on a pre-existing,non-conforming lot per Special Permit and Variance Plan,Assessors Map 29 Lot 20,#1-7 Ellis Court,North Andover,Massachusetts, prepared for Ellis Court,LLC, 820A Turnpike Street,North Andover,MA 01845,September 7,2005,RevI0-20- 05, 11-8-05,M_&A.No.:708-01 [by] Stephen M_Melesciuc,P.L.S.#39049,Marchionda&Associates,L.P.,62 Montvale Avenue, Suite 1, Stoneham,MA 02180&Custom 7-Plex,Date 10-25-05,Date 11-07-05,Log#114 (HPO 6732),Paul George,New England Homes Inc.,270 Ocean Road,Greenland,N.H.03840,C 2000, Sheets 0101-3,0201-2,0301,0500.&0900. With the following conditions: 1. The applicant shall submit a revised Mylar for the above cited Special Permit and Variance Plan. 2. There shall be a 12'wide by 85'long grass pave fire lane as manufactured by Invisible Structures, Inc.,or equal,to allow access for fire trucks from Main Street. 3. The 7 units shall have eyebrow return gables which shall be submitted on revised architectural plans. 4. There shall be landscape barrier hedging along lot lines. 5. The landscape design plan shall be submitted and there shall he no tree at the Northeast corner of the parking lot and the driveway to Saunders Street. Page 1 of 2 • Town of North Andover Town Clerk Tune Stamp *g Community Development and Services Division 0 -ice of the Zoning Board of Appeals �r� P'E E1V D 400 Osgood Street (l P�� CLERK'S da l:Ir'f North Andover,Massachusetts 02845 Gerald A. Brown Telephone (978)688-9541 �OS � �� PM 4-.- Inspector of Buildings Fax (978)688-9542 NORTHZz Voting in favor: Ellen P.McIntyre,Richard J.Byers,David R Webster,and DaBre Voting against: Joseph D.LaGrasse. The Board finds that owing to the pre-zoning 19'h century mixture of business and residences along lower Main Street,the circumstances relating to the shape of this land,and especially affecting this land and structure but not affecting the zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of 7.3 of the North Andover Zoning Bylaw. The Board finds that this relief will not derogate from the intent of the Bylaw because the proposed 7-unit residential structure will have closer conformity to the requirements of 7.3 than the existing 7-unit residential structure. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 of the zoning bylaw and that the specific site has been an appropriate Dation for this use,that the current use and the proposed use,as developed,will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Board finds that the proposed 7-unit use is in harmony with the general purpose and intent of this Bylaw,and that the proposed structure will be farther from the lot lines than the existing 7-unit residential structure. The proposed structure will allow 17 parking spaces, 3 more than the required 14 parking spaces and 4 more than now exist. The Board finds that this proposed structure is less 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, &i�4t / ' ek Ellen P.McIntyre,Chair Decision 2005-029. M29P20. Page 2 of 2 of 10P71,,4 Town of North Andover Town Clerk Time Sump Community Development and Services Division Office of the Zoning Board of Appeals j,�:C_ Cti=CE. D 400 Osgood Street r 'S�CjtiG North Andover, klassachusetts 01,45 �I Gerald A. Brown Telephone (978)688-,5.11 21 PH, ( 25 Inspector of Buildings Fax (978)688-95.12 This is to certify that twenhtg $ys have elapsed from date Any appeal shall be filed within Notice of Decision without filing of an peal (20)days after the date of filing year 2005 Date_ /?ACOS of this notice in the office of the Joyce A.Bradshaw Town Clerk Town Clerk,per Mass. Gen. L.ch. 40A, §17 Pro at: 1-7 Ellis Court NAME: Ellis Court LLC c/o Peter G. Shaheen, HEARING(S): October 11&November 8, 820A Turnpike Street,North Andover 2005 ADDRESS: 1-7 EIlis Court PETITION: 2005-029 North Andover,MA 01845 TYPING DATE: November 18,2005 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,November 8,2005 at 7:30 PM upon the application of Ellis Court LLC c/o Peter G. Shaheen,820A Turnpike Street,North Andover,for premises at: 1-7 Ellis Court,North Andover,MA requesting a dimensional Variance from Section 7,Paragraphs 7.2&7.3 and Table 2 of the Zoning Bylaw for relief of the requirements for street frontage and rear and side setbacks in order to raze and rebuild.a 7 unit residential structure,and for a Special Permit from Section 9,Paragraphs 9.1&9.2 of the Zoning Bylaw in order to raze a pre-existing,non-conforming 7 unit residential structure and replace it with a new 7 unit residential structure on a pre-existing,non-conforming lot. Said premises affected is property with frontage on the Eastern side of Main Street and on the Southern side of Saunders Street within the G-B zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune on September 26&October 3,2005. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J. Byers,David R. Webster,and Daniel S.Braese. The following non-voting members were present: Thomas D.Ippolito and Richard M.Vaillancourt,. Upon a motion by Richard J.Byers and 2"d by David R. Webster,the Board voted to GRANT a dimensional Variance from Section 7,Paragraphs 7.2,7.3,and Table 2 of the Zoning Bylaw for relief from the requirements for street frontage on Saunders Street of 112.46 sq.K,the south(rear)setback of 24',for the west side setback of 9',and for the east side setback of 3.7'in order to raze and rebuild a 7-unit residential structure,and upon a motion by Richard I.Byers and 2nd by David R- Webster,the Board voted to GRANT a Special Permit from Section 9,Paragraphs 9.1 &9.2 of the Zoning Bylaw in order to raze a pre-existing,non-conforming 7-unit residential structure and replace it with a new 7-unit residential structure on a pre-existing,non-conforming lot per Special Permit and Variance Plan,Assessors Map 29 Lot 20,#1-7 Ellis Court,North Andover Massachusetts, prepared for Ellis Court,LLC,820A Turnpike Street,North Andover,MA 01845, September 7,2005,Rev10-20- 051, 11-8-05,M. &A.No.:708-01 [by] Stephen M.Melescinc,P.L.S.#39049,Marchionda&Associates,L.P.,62 Montvale Avenue, Suite 1, Stoneham,MA 02180&Custom 7 Plex,Date 10-25-05,Date 11-07-05,Log#114 (IIPO 6732), Paul George,New England Homes Inc.,270 Ocean Road,Greenland, N.H. 03840, 0 2000, Sheets 0101-3,0201-2,0301,0500,&0900. With the following conditions: 1. The applicant shall submit a revised Mylar for the above cited Special Permit and Variance Plan. 2. There shall be a 12'wide by 85'long grass pave fire lane as manufactured by Invisible Structures, Iitc.,or equal,to allow access for fire trucks from Main Street. 3. The 7 units shall have eyebrow return gables which shall be submitted on revised architectural plans. 4. There shall be landscape barrier hedging along lot lines. 5. The landscape design plan shall be submitted and there shall be no tree at the Northeast corner of the parking lot and the driveway to Saunders Street. Page 1 of 2 ,I ATTEST: A True Copy O S ,Asur Town Clerk Town of North Andover Town Clerk Time Stamp Community Development and Services Division Office of the Zoning Board of Appeals F77CEIVED 400 Osgood Street — - -7; North Andover, Massachusetts 01845 PU 2 1 P IN 4 Gerald A.Brown Telephone (97!8)688-9541 Inspector of Buildings Fix (978)688-9542 Voting in favor: Ellen P. McIntyre,Richard J. Byers.David R. Webster,and Damlw.�Bfaese. Voting against: Joseph D.LaGrasse. The Board finds that owing to the pre-zoning 19'h century mixture of business and residences along lower Main Street,the circumstances relating to the shape of this land,and especially affecting this land and structure but not affecting the zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of 7.3 of the North Andover Zoning Bylaw. The Board finds that this relief will not derogate from the intent of the Bylaw because the proposed 7-unit residential structure will have closer conformity to the requirements of 7.3 than the existing 7-unit residential structure. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 of the zoning bylaw and that the specific site has been an appropriate location for this use,that the current use and the proposed use,as developed,will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Board finds that the proposed 7-unit use is in harmony with the general purpose and intent of this Bylaw,and that the proposed structure will be farther from the lot lines than the existing 7-unit residential structure. The proposed structure will allow 17 parking spaces,3 more than the required 14 parking spaces and 4 more than now exist The Board finds that this proposed structure is less 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 budding 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, Ellen P.McIntyre,Chair Decision 2005-029. M29P20. Page 2 of 2 10-14-'05 09:19 FROM- T-325 P002/002 F-434 Oct 12 05 10: 13a NORTH ANDOVER P- e RF-CEIVED • Town of North A"W,V t. �K'SOFFICE Town cerk Time Stamp Community Development and Services Division Office of the Zoning Boat "Ills 1111: 16 400 Osgood Str4a North Andover,ftimachusetls 01M! Raymond S;tntitli, S� � 3�a Interim Conununity Teluphplu (STA)G88.93�Q i� A+ Devclopncnt Director Fax (978)688-9$41M A Ucz Date_ ld • 1 J--i1 TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to snake a decision regarding the granting of a S etial Pariance Comprehensive Permit(408) Finding for property located at: STREET;--L—— ? C01A]c MAP:_ PARCEL: TOWN: 1 TO MEETING DATE(S):. A192ts L ,T) — 1 C + NAME OF PE I R; Signed: �ddjoner(or petitioner's representative) Hoard of Appeals 978-688-9141 r%61diug 97116#&9543 CuoK�tvaicm 918611Q.%Sl(1 Hetltb 9?84:118-)WU IMiania��78.ty88.9S35 MTM M TOWN OF NORTH ANDOVER VARIA E O�FIC ZONING BOARD OF APPEALS q285 SEP 14 AN 9: 20 NAME: Ellis cou ADDRESS OF APPEAL: MA { Town Clerk Time stamp Procedure & Requirements for an Application for a Variance Ten(10)copies of the following information must be submitted thirty(30)days prior to the first public hearing. STEP 6:SCHEDULING OF HEARING AND Failure to submit the required information within the time PREPARATION OF LEGAL NOTICE: periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules the Zoning Board of an application as incomplete. applicant for a hearing date and prepares the legal notice The information herein is an abstract of more for mailing to the parties in interest(abutters)and for specific requirements listed in the Zoning Board publication in the newspaper. The petitioner is notified Rules and Regulations and is not meant to that the legal notice has been prepared and the cost of supersede them. The petitioner will complete items the Party in Interest fee. that gre underlined I STEP 7: DELIVERY OF LEGAL NOTICE TO F NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office of The petitioner applies for a Building Permit and receivers the Zoning Board of Appeals and delivers the legal notice a Zoning Bylaw Denial form completed by the Building to the local newspaper for publication. Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf,or be Board of Appeals for a Variance. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. 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 STEP 9: DECISION: cited in page 4, section 10 of this form. After the hearing,a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests the Assessor's Office to compile General Law ch.40A§ 17,within twenty(20)days after a certified list of Parties in Interest(abutters). 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 ten(10)Xerox The petitioner is responsible for recording certification of copies of all the required information to the Town Clerk's the decision,the Mylar, and any accompanying pians at Office to be certified by the Town Clerk with the time and the Essex County, North Registry of Deeds,381 date of filing. The original will be left at the Town Clerk's Common St., Lawrence MA, and shall complete the Office, and the 10 Xerox copies will be left with the Certification of Recording form and forward it to the Zoning Board of Appeals secretary. Zoning Board of Appeals and to the Building Department. IMPORTANT PHONE NUMBERS: PAGE 1 of 4 978-688-9533 Office of Community Dev.&Services 27 Charles Street,North Andover, MA North Andover Town Hall 01845 120 Main Street 'o"-688-9542 fax for Community Development offices (Temporary Town Hall—400 Osgood Street) 08-688-9545 Building Department 978-688-9501 Town Clerk's Office f� T§8f-g954A Zonjng Board of Appeals Office 978-688-9566 Assessor's Office .,,.CF-APPEALS PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS appiicaldon for a VARIANCE 1. Petitioner. *Name, *Address and telephone number: A � Ellis Court LLC C/O Peter 97 - *The petitioner swl be entered on the Iegai notice and the decision as entered above. y, owners of Land: Name, Address, telephone number, and number of years under this ownership: 9 Kent Years Owned Land: 3. Location of Property: a. Street:1-7 Zoning District: -R r: b. Assessors: Map,number. g Lot Ntmnbe n c. Registry of Deeds: Book Number: 4 8 3 6 Page Number. 3 3 8 4. Zoning Bylaw Section(er under which the petition for the Variance is made. Section 7 . 2 and 7 . 3 *Rater to the Zoning Bylaw Denial and Plan Review Nati to form as supplied by the Building Commissioner. 5. Describe the Variance request: Petitioner requests Permission to raze the existing 7 Unit residential structure above�puon shall be used ibr the purposeof the�notloe and dscbion. A more rstaBed description b required pub to the The Fsevre the sppNaant to dssatbe tin request oleerhr section tl of this appticetlon. d'll ZM"Board Rides and as cued on pope 4, The dechion wM be BMW to me request by the appNcant mid wise MRF e in p Mw�ud.d abw�"'brit of m.appNant. 6 A. Difference from Zoning Bylaw requirements: Indicate the dlMnension(s)that w®I not meet current Ztming Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area open Space PWMtaga Lot Frontage Parking Front Side A Side B Rear Sq. Ft. Sq. Ft Feet Spaces 8. 5 A. -,n R 7 LLA- % ]SlL Lh .NIA * *Varies See Plan B. 96 Page 3 of 4 VARIANCE NORTH ANDOVER ZONING BOARD OF APPEALS application for a s 77 Tuc 6 B. Existing Lot: Parking Minimum Lot Setback Lot Area Open Space Percent Lot FrontageFSpm Front Side A Side B RowSq.Ft. Sq. Ft. Coverage 19913 22 23 . 34 13 68. 3 1 . 4_ 58 . 2 12 . 8 . �4 6 C. Proposed Lot(s): Minimum Lot setback Feet Lot Area Open Space Percent Lot FParking Sq. Ft. Sq. Ft. Coverage Front Side A Side B Rear 19913 21 23 . 34 17 86.4 16_5 50. 3 —" 12 . 5 _ *Varies See Plan 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Minimum Lot Setback Lot Area Open Space Percent Lot FFA Parking Front Side A Sick B Rear Sq. Ft. Sq. Ft. Coverage 125, 25 25 35 25000 35 125_ 14 _ — -- — 7A. Existing Building(s): Number Ground Floor Number of Heigh Total feet use of Building` of Units" Square feet Floors 4334 2 26 61, 500rtmen t/rPsi E - k - "Reference Uses from the Zoning Bylaw&Table L ""Stale number of units in building(s). 7B. Proposed Building(s): Thad use of Number M Ground Floor Number of ugh Building* of Units Square feet Floors Sq.feet 42-16-- . � &'Lu RP ' don i a1 /TownhQliae �--- i - -Reference Uses from the Zoning Bylaw$Table 1. '"State number of units in buil ing(s)- 8. Petitioner and Landowner signature(s): Appeals. Ery Every application for a Variance shall be made on this form,which is the ofFica farm of the Zoningner all supportingAppeals application shall be tiled with the Town Clerk's Office. it shall be the responsibility f the T� o �furnish all s documentation with this application. The dated copy of this application shall be responsible for all expenses for skg and� does not absolve the applicant from this responsibility. The herein and in the Zoning Board Rules and Regulations may notification. Failu ply icx♦tion requirements, as died result in a dism' I by Z i of this application as incomplete. Si nature: Type above names here: Peter Shaheen YARIAIVVC 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a *10. 8. *Plan Specifications: legibly written or typed memorandum setting forth in 1) Sire of plan: Ten(10)P64W 00101146 of a plan detail all facts relied upon. When requesting a Variance not to exceed 11"x17", prsamw scale of 1"=40 from the requirements of MGLA ch. 40A, Sec. 10.4 and In One(1)Mylar. the North Andover Zoning By-laws, all dimensional III) Plan Prepared by a RogMbrad Professional requirements shall be dearly identified and factually Engineer and/or land Surveyor, with a block for supported. AN points,A-F,we required to be five(5)ZBA signatures and date indicated on the addressed with this application. Mylar. A. The particular use proposed for the land or *10 C. *Features To Be Mdicafad On Plan: structure. n Bits OrbnWM shall include: B. The cim rnstances relating to soil conditions, shape 1. north point or topography of such land or structures especially 2. zoning district(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4. wedand&(if applicable) district in which the property is located. 5. abutters of property, within 300'radius C. Fade which make up the substantial hardship, 8. locations of buildings on adjacent properties financial or otherwise,which results from literal within 50r from applicants proposed structure enforoement of the applicable zoning nesttidions 7. deed rem, eaeernoft wM respect to the land or building for which the II)Lpsnd i Graphic AWs: variance is sought. 1. Proposed features in solid lines 8 outlined in red D. Fads relied upon to support a finding that relief 2- Existtrp features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public:good. 4. Data of Plan E. Fads relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 8. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicwnt, owner or record, and designer of of the ordinance. Surveyor. F. Submit RDA iron Conservation Commission when Ccntim=A Buildable Area is applied for in ZBA 10 D. Mum Projects application. Mhw proj 0 such as declw,sheds,and garpes, shall 10. PIAN OF LAND , require only Me plan information as indicated with asterisk(*). In some caws further information may Each application to the Zoning Board of Appeals sialI be required. be accompanied by the folkiwing described plan. Plane must be submitted with this application to the Town 11. APPLICATION FILING FEES Cleric's Office and ZBA secretary at least thirty(30)days 11.A. Notification fees:Appy*a provide a prior to the public hearing before the Zoning Board of check or moneOFF OWNy order to:-Town of North Andover- #=-1780-4841"for the cost of first does, certified, A set of build elevation return reosipt($4-42 as of November 2003)x d of all MY pians by a RpMpnd Parties in Misted identified in MGLA ch. 40A§11 on the Involves new Architect nary be r+sq eco when the applivatlon abutters list br the legal notice check. Also, the. i wwwwww and/or a applicant shall supply first dare postage stamps P M (c mw*370)x the 0 of parties Of Irrterest on the 10.A. MaJvr Projects abutters list br the decision mailing. Major Wgwb are those,which involve one of the 11.B. Mailing l bels:Applicant dW provide four(4) following whether existing or proposed: seta of mailing labels no larger than I x2-alb'(3 copies 1)five(5)cr more parking spaces, for the legal, and one copy for the Decision mailing). II)three(3)or more dwelling units, III)2,000 square feet of building area. 11.C. Admintisaative fee of$50.00 W appl kation. Major Pmjecb shall rare, that in addition to the 108 8 4 A Variance orate granted by the ZBA wIN lapse in 10C fegwvk that the plans show detailed utilities, soils, 1 (�)yew not axe ebW and a new petition must rm and topographic information. be subndued.E 1 Town of North Andover Town Clerk Time Stamp Community Development and Services Division Office of the Zoning Board of Appeals RECEIVED FFICE ONt i 400 Osgood Street T " LERKS Or SSG HUSE North Andover,Massachusetts 01845 Interim(:o>nmrmiti, Telephone (978)688-9541 Fax (978)688-9542 TOWN OF NORTH AHDOO 'C MAS$ACHUS 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 Senior Center, 120R Main Street,North Andover, MA on Tuesday the 11'h of October, 2005 at 7:30 PM to all parties interested in the appeal of, Ellis Court LLC c/o Peter G. Shaheen, 820A Turnpike Street,North Andover, for premises at: 1-7 Ellis Court,North Andover, MA requesting a dimensional Variance from Section 7, Paragraphs 7.2 & 7.3 and Table 2 of the Zoning Bylaw for relief of the requirements for street frontage and rear and side setbacks in order to raze and rebuild a 7 unit residential structure, and for a Special Permit from Section 9, Paragraphs 9.1 &9.2 of the Zoning Bylaw in order to raze a pre-existing,non-conforming 7 unit residential structure and replace it with a new 7 unit residential structure on a pre-existing,non-conforming lot. Said premises affected is property with frontage on the Eastern side of Main Street and on the Southern side of Saunders Street within the G-B zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on September 26 &October 3,2005. Legalnotice 2005-029. M29P20. Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 �ORTq ;°� "�•'* Zoning Bylaw Denial s Town Of North Andover Building Department ' 400 Osgood St. North Andover, MA. 01845 Phone 97848841M Fax 97841,118-111612 street: s r7 S/ is C Ma Lot: a cY a Applicant: re 4a,-, aro P-e,^ /I,-* S Site R uest: eZE `� .e,0A,4Cf UNl f- pct YN �c2I rS�H!>G U/ Date: Cv a, o 6- Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning t, -$ a,�j X00 a, Ff-IG / a 5-a5 it 3,5# (*P 15' fkjs iv Res,) Item Notes Itern Notes A Lot Area F Frontage 1 Lot area Insufficient 1 F e Insufficient `�Q s 2 Lot Area Preexisting 4e S 2 Frontage Complies_ 3 Lot Area Complies 3 Preexisting frontagee s 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 Use Preexisting 2 Complies 4 Special Permit Required e S 3 Preexisting CBA S 5 Insufficient Information 4 insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient C1 c S 3 Preexisting H9i ht 4 Right Side Insufficient 4 Insufficient Information e S 5 Rear Insufficient 14 s i Building Coverage 6 Preexisting setbacks) 1 Coverage exceeds maximum 7 Insufficient Information 2 Cove Complies eS D Watershed 3 Coverage Preexisting `1 e S 1 Not in Watershed e S 4 Insufficient Information 2 In Watershed j Sign N 3 Lot prior to 10/24194 1 Sign not allowed 4 Zone to be Determined 2 Sign Com ' 5 1 Insufficient Information 3 Insufficient Information E Historic District K Pang 1 In District review required 1 More Parking Required 2 Not in district e 2 ParkingComplies `t e-5 3 Insufficient Information 3 Insufficient Information 4 Pre-existi Parking Remedy for the above is checked below. Item s Special Permits Planning Board Rom* Variance 13-4 Site Plan Review Special Permit ±IbFSetback Variance Access other than Frontage Special Permit Parlang Variance Frontage Exception Lot Special Permit Lot Area Variance Common Drivaway Special Permit Height Variance Congregate,Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Ind dent EldWy Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo S I Permit Earth Removal S ial Permit ZBA Planned Deveb~District ' Permit S I Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Si n R-6 Density Special Permit 8-4 Speicial Permit preedsting nonconformin Watershed Special Permit The above review and attached explanation of such is based on the plans and information subnd1lied. No deflnAM review and or advice shall be based on verbal the nor ahaW such verbal eq�iarmaans by the appNo�t'serve to by aPP�s provide def ngive anmms to the above moms for DENIAL. Any tnaocm miss,misleading k*radion,or 0111W subsequent dranges to the information eubrnibed by the appks t shall be Waurtds for this review to be voided at the disorabon of the Building DeparWwt The attached doetmertt tMad"Part Rw*w Nwradve shall be aitaedmed haniBo and incorporated herein by reference. The building deparanw t will raft m all phns and ftcuimtsfion for the don file.You must Me a new building permit application form and begin the pern#bV p Building Department Comicial Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Name The following narrative in provided to fuf w explain the reasons for dental for the application/ permit for the property indkated on the reverse side: llror `M��; i 54eec Id /h a ijer ie L-c'<d//2 ItA(,N J '+IAC '1 4h-e— 2c,,-- e C- ✓I—YC- 91fla 'eKI"S7 f N Sl/o e i1 5�- `f � nr►v os,�gl IS 07 v,vl f e Id-t4 C--2,3,-'> )'ar rytoo- ;Sle)(Lac ' 'Y, r v lr v� y'Glru� h � �v�'�ti cargo d P-(a of-pal IVP-vc/ S krvc4 �-y _�l4,e- 'Pi4w ie SP.ecld! /2,eroeY w,(/I dis® E3 l` P /vlr�� Y�lrGv *ll c. PlA.,v— ece Pro!Jo I mGi O *`o 4'&c- Related To: Fire Health Police Zoning Board ConservafionDeparbnwt of Public Works Planning Historical Commission pier BUILDING DEPT To: North Andover Zoning Board of Appeals and North Andover Planning Board From: Breton Properties, Inc. Date: September 12, 2005 Re: 1-7 Ellis Court Dear Board Members: This letter shall serve as my authorization to Ellis Court, LLC to appear on behalf of Breton Properties, Inc. in all matters pending before your board. Breton Properties, Inc. By its President and Treasurer Miriam D. Brenner MEMO IN SUPPORT OF APPLICATION FOR VARIANCE The applicant,Ellis Court, LLC proposes to raze the existing seven unit apartment building located at 1-7 Ellis Court in North Andover and replace it with a new seven unit condominium townhouse. The existing residential structure is a pre-existing nonconforming building both as to use and dimensions. Although a residential apartment building, it is located in a General Business Zone in the heart of the "downtown"area of North Andover. The current building is old and in need of replacement. Under current zoning,no practical residential or business use can be construed on this site. As a result variances and special permits will be needed for any replacement building. A. The proposed use for this property remains as it is today,residential. Instead of seven individual apartments, however,the applicant proposes to construct seven individual townhouse condominiums. B. The shape of this lot requires relief from the zoning by-law. Under current zoning both the existing and proposed structures cannot comply with zoning due to the shape of the lot. C. The existing building is a residential structure in need of replacement. The only use that can practically exist on this lot is a residential use. A new replacement structure cannot be built if there is a literal enforcement of the zoning restrictions. D. The existing structure needs to be replaced due to its age. A new structure will be built to present codes and will provide affordable home ownership to residents of the town. It will increase property values in the area and generate additional tax revenue for the Town. E. The existing structure is nonconforming in both use and dimensions. The proposed structure will reduce the nonconformity. It will also not change the current use. k� , 1 _Biua BIS 4836 FG 338 r� t 92LTrrc[-AIM DIM-1D KNOW ALL MEN BY THESE PRESENTS that Freddie G.Crabb and Eileen E.Crabb,of If i , '" North Andover,MA.,in consideration of Two Hundred Fifty Nine Thousand Dollars to us paid by Io Breton Properties,Inc. of North Andover,MA.,the receipt whereof is hereby acknowledged,do ` hereby remise,release,and forever QUITCLAIM unto the said Breton Properties,Inc.a certain W 3I i3' Q parcel of land,located at 1-7 Ellie Court,North Andover,MA.Described in Exhibit A attached � hereto. ILFp1 i SEE EXHIBIT A SEP 5'97 P1+12:07 v 'l a, IN WITNESS WHEREOF we,the said Freddie G.Crabb and Eileen E.Crabb hereunto set our li3 hand-and seals this 5th day of September.1997. I'al . DEEM We 0. # a i IIEED 4 REG 0.3 � y� F:SEX t10kTH t t Z F58FX MOR " Freddie G.Crabb '09/05!97 a TAX. 196.44 Eileen E.Crabb CKR ISO A4 tid .4 TAY 1.00 CHET 8.00 4574 B4 iF-03 4575 00 9.:09 i&F-TAX FY.I RE: TAX COMMONWEALTH OF MASSACHUSETTS fi"x ' ° Essex,ss September 5,1997 1 i= C2 Then personally appeared the above named Freddie G.Crabb and Eileen E.Crabb f , and acknowledged theforegoingto be their free act anddeed before me,. ' clary Public-Peter G.S My Commission exp.2/26104 �- � � �� c:�wewna6mwroocslaentEsrewern. ST. 1' N. jo jer,IW+A ol�4f x n tl6 �fi ' x BK 4836 PG 339 a� 4 v� 1-7 Ellis Court,North Andover The land in North Andover,Essex County,Massachusetts,with the buildings thereon, bnunded and described as follows; Beginning at a point in the Southerly line of Saunders Street One Hundred Fifty-eight (15 B)feet east of its point of intersection with the east line of Main Street;thence ruining southerly by land now or formerly of A.N.Smith Forty-one and 3/10(41.3)feet;thence running westerly by land of said Smith One Hundred Thirty-Four(134)feet;thence running again ,southerly Sixty-three and 3/10(63.3)feet and again westerly Two(2)feet;thence running again southerly Twenty-two(22)feet and thence again westerly Sixty-three(63)feet,said several courses being all by land now or late of Ann M.Smith to said Main Street;thence running southerly by said Main Street Twenty-three(23)feat to land of A.P.Ellis,now or law;thence running easterly by said Ells land about Two hundred ten(210)feet and further Twelve(12)feet N by land now or late of the Heirs of H.B.Ellis,and thence running northerly One hundred fifty- four and 911100(154.92)feet to said Saunders Strad by land formerly of the Heirs of H.B.Ellis ,x y.` and as shown on plan recorded with the Nordr District of Essex Registry of Deeds,Book 259, Page 600;thence running westerly by said Saunders Street to the point of beginning. Being the same premises conveyed to— deed of Freddie G.Crabb and Eileen E. Crabb,,deed recorded bsmvMh.Jw, So,v- �n 51 NR d� �r-= �' _. _ } 1 �3 3. M"• 4 as�yz Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listinci 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 29 20 Breton Properties 0 Ellis Court North Andover,MA 01845 Abutters Properties Map Parcel Name Address 18 1 L.Carlson Realty Trust 39 Main Street North Andover,MA 01845 18 2 Hans Christensen 9 Morton Street North Andover,MA 01845 18 3 Evcon Realty Trust 1 Cherry Lane Georgetown,MA 01833 18 33 Frederick Spicer 20 Hodges Street North Andover,MA 01845 18 35 Ramsey Bahrawy 55 Main Street North Andover,MA 01845 18 36 Douglas Small 548 Forest Street North Andover,MA 01845 18 37 Dimitrios Nikitas 5 Aqua Way Salem,NH 18 38 James Gioia 24 Hodges Street North Andover,MA 01845 18 39 Barbara Blanchette 15 Waverley Road North Andover,MA 01845 18 40 Shirley Conlin 21 Waverley Road North Andover,MA 01845 18 42 J&M Realty Trust 69 Main Street North Andover,MA 01845 18 43 Lee Bluemel 28 Waverly Road North Andover,MA 01845 28 8 Tripltbrth Realty 16 Main Street North Andover,MA 01845 28 12 Sutton Redevelopment,LLC 30 Main Street North Andover,MA 01845 28 13 Sutton Redevelopment,LLC Po Box 486 North Andover,MA 01845 28 14 Anthony Conte Sr Po Box 486 North Andover,MA 01845 28 15 Christopher Downer 21 Main Street North Andover,MA 01845 28 16 Lesley Carlson 39 Main Street North Andover,MA 01845 28 17 Carlson Realty Trust 39 Main Street North Andover,MA 01845 29 1 855 Realty Trust 91 Quail Run Lane North Andover,MA 01845 29 2 Phillip Miller 16 Saunders Street North Andover,MA 01845 29 3 Phillip Miller 16 Saunders Street North Andover,MA 01845 29 4 Vasiliy 24 Saunders Street North Andover,MA 01845 29 5 Philip Wentworth 32 Saunders Street North Andover,MA 01845 29 6 Kiame Mahaniah 34 Saunders Street North Andover,MA 01845 29 7 Paul Taylor 38 Saunders Street North Andover,MA 01845 29 8 Steven Nugent 44-46 Saunders Street North Andover,MA 01845 29 9 Robert Tuner 54-56 Saunders Street North Andover,MA 01845 29 10 Robert Hardy 58 Saunders Street North Andover,MA 01845 29 11 Steven Perlmutter 60-62 Saunders Street North Andover,MA 01845 29 15 Eugene Willis 76 Boston Hill Road North Andover,MA 01845 29 16 Dorothy Taylor 29 Saudners Street North Andover,MA 01845 29 17 John Tucci 31-33 Saunders Street North Andover,MA 01845 29 18 Ehteram Vakili 6301 Glade Avenue Apt#K302 Woodlane Hill,CA 91367 29 19 J.A.M.Realty Trust Corp. 15 Glen Avenue Methuen,MA 01844 29 21 Spelios Rally 329 So Main Street Bradford,MA 01835 29 22 Lee Briggs 11 Saunders Street North Andover,MA 01845 29 23 Town of North Andover 120 Main Street North Andover,MA 01845 29 24 Wayne Stanuchenski 16 Cleveland Street North Andover,MA 01845 29 25 Pacific Main Realty Trust PO Box 486 North Andover,MA 01845 29 39 Rack Realty,LLC 91 Hampstead Street Methuen,MA 01844 29 40 J&M Realty Trust 701 Salem Street North Andover,MA 01845 29 41 Paul Dedoglou 675 Foster Street North Andover,MA 01845 29 42 John McElhiney 190 Kings Highway U-A16 Hampton,NH 03842 29 52 Michael Kellan 90 Main Street North Andover,MA 01845 29 53 Jacqueline Urso 5468 Highway 223N Viola,AR 72583 29 55 Robert Safi 22-24 Cleveland Street North Andover,MA 01845 Page 1 of 1 This certifies that the npmes appearing on the Pae records of the AsseslsoFs-- frjce as of Certified b ate 5 o 1-7 Ellis Court .. ,...,..... ......... ...., , ...... .. .: .. ... ..,.._ .. ... . .... .....,... .. . El El 00 =11- PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. IFE 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 1-7 Ellis Court 38'-0" ra -0 BI u+T::Or\\ Ll +v cn 2-6 ILI � 141-41/2" 7L —, PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 1-7 Ellis Court 004 A t , d� 3N►d/m # � , 11bM 03dmc, p] � f A \1e a-- t PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 PROPOSED TOWNHOMES FOR 1-7 Ellis Court 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 00 GNI LU � o z V-1y2" �9 V qA lµ co X m 1-7 Ellis Court 3-04-d A63 7 i� 6 9xo- PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 1-7 Ellis Court ETM 93 C3 0 CS 930 a C2 R9 vu =. - � PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 iOR oaa q TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS NAME 6DDRESS OF APPEAL 1 -7 F1 t i c Cr)urf N-r+b rr.a��.�,- M* —TownClerkTimeStamp 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 (N)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 Zonin2 Board of an apelication 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 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 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 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 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 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 SIN 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 filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS. of all the required information to the Town Clerk's Office The petitioner is responsible for recording 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: 7 Office of Community Dev. &Services North Andover Town Hall U Ire [V400 Osgood Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 ((1� 1Li SEp71'6P�0@92I'_' fax for all Community Development offices 978-688-9545 Building Department 978-688-9501 Town Clerk's Office � � r 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office COsn RRDIe '-- rr'r � PAGE 1 of 4 PAGE 2 OF 4 oate & Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: "Name, address and telephone number: Ellis Court, LLC c/o Peter G. Shaheen 820A Turnpike !�St. North Andover MA ( 978 ) 689-0800 -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: Breton Properties, Inc. 9 Kents Co rt. west-mew1wiry. MA Years Owned Land: 3. Location of Property: a. Street.-l-7 Ellis court Zoning DistrictG-B b. Assessors: Map number 2 9 Lot Number: 20 c. Registry of Deeds: Book Number 4 8 3 6 Page Number: 3 3 8 4. By-Law Sections under which the petition for the Special Permit is made. Section 9 . 1' and 9 . 2 Section 7 . 3 'Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building commissioner. 5. Describe the Special Permit request: _Petitioner request permission to raze the existinct 7 Unit re_ esidgn . al �i-ruc't ur a-SAr PrP i t wi t11 nr�w 7 uni t- residential structure -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. Page 3 of 4 Application a licatio for SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: LotAreaOpen Space Percent Lot Frontage Parking * Minimum Lot set Back' 19 91Ft Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear ° 23 . 34 __13 fig .3 1 .4 58 - ].2._8 12 . 54 b. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back` Sq. Ft. Sq. Ft. Coverage . Feet Spaces Front Side A Side B Rear 19913 NA -21 - % 23 - 34 17 86.4 16. 0 50. 3 * Varies see Plan C, required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back• Sq. Ft_ Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25000 — NA 35, 96125 _ 14 -115- 25 25 35 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building' of Units 4334 2 6, 500 Residential Apartments 7 `Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building' of Units 4256 3 8 , 500 Residential Townhouses 7 *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 foram 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 ining o ules and Regulations may result in a dismissal by the Zoning Board of this application as incomplet . Si nature TyQe above name (s) here Peter G. Shaheen 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 1) 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 MGtA ch. 40A, and the 11) One (1) Mylar. North Andover Zoning By-laws, all dimensional 111) 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. The particular use proposed for the land or structure. 1) Site Orientation shall include: 2. The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning district (s) 3. There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4. Adequate and appropriate facilities will be provided 5. abutters of property, within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties S. 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 117 Legend&Graphic Aids: required by the particular Special Permit for which I. 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 Pian 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/conversioni 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 #022-1760A841"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 1)five or more parking spaces, abutter's list for the legal notice check. Also, the 11) three(3) or more dwelling units, applicant shall supply first class postage stamps 111)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 for the Legal mailing and one copy for the Decision topographic information. mailing). C. Administrative fee of$50.00 per application. ►►►► A Special Permit once granted by the ZBA will lapse in 2(two)years if not exercised and a new petition must be submitted. 4- Abutter to Abutter( x ) 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." . Subiect Property: MAP PARCEL Name Address 29 20 Breton Properties 0 Ellis Court North Andover,MA 01845 Abutters Properties Mao Parcel Name Address 18 1 L.Carlson Realty Trust 39 Main Street North Andover,MA 01845 18 2 Hans Christensen 9 Morton Street North Andover,MA 01845 18 3 Evcon Realty Trust 1 Cherry Lane Georgetown,MA 01833 18 33 Frederick Spicer 20 Hodges Street North Andover,MA 01845 18 35 Ramsey Bahrawy 55 Main Street North Andover,MA 01845 18 36 Douglas Small 548 Forest Street North Andover,MA 01845 18 37 Dimitrios Nikitas 5 Aqua Way Salem,NH 18 38 James Gioia 24 Hodges Street North Andover,MA 01845 18 39 Barbara Blanchette 15 Waverley Road North Andover,MA 01845 18 40 Shirley Conlin 21 Waverley Road North Andover,MA 01845 18 42 J&M Realty Trust 69 Main Street North Andover,MA 01845 18 43 Lee Bluemel 28 Waverly Road North Andover,MA 01845 28 8 Trip dtbrth Realty 16 Main Street North Andover,MA 01845 28 12 Sutton Redevelopment,LLC 30 Main Street North Andover,MA 01845 28 13 Sutton Redevelopment,LLC Po Box 486 North Andover,MA 01845 28 14 Anthony Conte Sr Po Box 486 North Andover,MA 01845 28 15 Christopher Downer 21 Main Street North Andover,MA 01845 28 16 Lesley Carlson 39 Main Street North Andover,MA 01845 28 17 Carlson Realty Trust 39 Main Street North Andover,MA 01845 29 1 855 Realty Trust 91 Quail Run Lane North Andover,MA 01845 29 2 Phillip Miller 16 Saunders Street North Andover,MA 01845 29 3 Phillip Miller 16 Saunders Street North Andover,MA 01845 29 4 Vasifiy 24 Saunders Street North Andover,MA 01845 29 5 Philip Wentworth 32 Saunders Street North Andover,MA 01845 29 6 Kiame Mahaniah 34 Saunders Street North Andover,MA 01845 29 7 Paul Taylor 38 Saunders Street North Andover,MA 01845 29 8 Steven Nugent 44-46 Saunders Street North Andover,MA 01845 29 9 Robert Turner 54-56 Saunders Street North Andover,MA 01845 29 10 Robert Hardy 58 Saunders Street North Andover,MA 01845 29 11 Steven Perlmutter 60-62 Saunders Street North Andover,MA 01845 29 15 Eugene Willis 76 Boston Hill Road North Andover,MA 01845 29 16 Dorothy Taylor 29 Saudners Street North Andover,MA 01845 29 17 John Tucci 31-33 Saunders Street North Andover,MA 01845 29 18 Ehteram Vakili 6301 Glade Avenue Apt#K302 Woodlane Hill,CA 91367 29 19 J.A.M.Realty Trust Corp. 15 Glen Avenue Methuen,MA 01844 29 21 Spelios Rally 329 So Main Street Bradford,MA 01835 29 22 Lee Briggs 11 Saunders Street North Andover,MA 01845 29 23 Town of North Andover 120 Main Street North Andover,MA 01845 29 24 Wayne Stanuchenski 16 Cleveland Street North Andover,MA 01845 29 25 Pacific Main Realty Trust PO Box 486 North Andover,MA 01845 29 39 Rack Realty,LLC 91 Hampstead Street Methuen,MA 01844 29 40 J&M Realty Trust 701 Salem Street North Andover,MA 01845 29 41 Paul Dedoglou 675 Foster Street North Andover,MA 01845 29 42 John McElhiney 190 Kings Highway U-Ai 6 Hampton,NH 03842 29 52 Michael Kellan 90 Main Street North Andover,MA 01845 29 53 Jacqueline Urso 5468 Highway 223N Viola,AR 72583 29 55 Robert Safi 22-24 Cleveland Street North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the records of the Asse,sssrs--Office as of Certified b ate 6 NORTq Zoning Bylaw Denial Town Of North Andover Building Department =;f 400 Osgood St North Andover, MA. 01845 1Ssu5Et Phone 978-6884545 Fax 978-688542 /5 c Ma Lot: =;� 0/ j cam? Applicant: B r e J,,- lPro ker Q-e g .6 " Request,_ OZ6- 1Qe,0A4Ce 7 UN9l t- e-c* e•v gal Daibe: C 3 61 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: 2 -5- a (� a- ice' Zoning ! �. i3 l o / . Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient `� 2 Lot Area Preexisting S 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage �t 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 Use Preexisting 2 Complies 4 Special Permit Required S 3 Preexisting CBA CAS 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 I All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 4-I 2 Complies 3 Left Side Insufficient r-f 5 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient s i Building Coverage 6 1 Preexists setback(s) 1 coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies S D Watershed 3 Coverage Preexisting y 1 Not in Watershed `- e 5 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 E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district He-5 2 a ing Complies q e 5 3 1 Insufficient Information 3 Insufficient Information 4 1 Pre-existing Parking Remedy for the above is checked below. Item e Special Permits Planning Board Item a Variance -.5-1 Site Plan Review Special Permit '. 3_ 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 Lar a Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Nw ent District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permit preexisting nonconforming Watershed Special Permit The above review and Madwel ecilanation of such a based on the plans and information subrni0 d. No definitive review and or advice shall be based on verbal eVieruhmn by the applicant nor shwa such ved*mrplarwhane by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any irracuxacies inkrrrntion or other charxies to the intonation scdr nM@dfor#n review to be vaded at the discretion of the Build ,ing The attached docurrnnt titiad'Ren Review Nwrativashd be attached tnrsm and incorporated herein by reference. The building departrrrent will raain as phne and doccmer ort for the above ft You must Me a new building Permit WNGStion form and begin the permuting prooaas. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Vwl C P✓v/Y7/ M/A el /C4 d7 Ali C-4:e /5 Sec- q a U/v JV ,PS 1 Gf-PJI Z P f7 C''2/3ism forl � /Y4'/ PNS` ryzi- 04�z4et4 C9 f- / P AAA tri C, /J/Iv plcd ,,1✓ c i S �r.,L Poe-0 Referred To: Fire Health Police Zoning Board Conservetion Department of Public Works Planning Historical Commission Other BUILDING DEPT To: North Andover Zoning Board of Appeals and North Andover Planning Board From: Breton Properties, Inc. Date: September 12,2005 Re: 1-7 Ellis Court Dear Board Members: This letter shall serve as my authorization to Ellis Court, LLC to appear on behalf of Breton Properties, Inc. in all matters pending before your board. Breton Properties,Inc. By its President and Treasurer Miriam D. Brenner MEMO IN SUPPORT OF APPLICATION FOR SPECIAL PERMIT 1. The proposed use is a seven-unit residential townhouse condominium 2. The specific site is an appropriate location for this use and structure because it currently is a seven-unit apartment building. It has been an apartment building for decades, even pre-dating zoning. The current building is in need of replacement due to its age and condition. Under current zoning restrictions the building cannot be replaced without a special permit. The new structure will continue the residential use that has been in place for decades but will actually reduce the nonconformity of the existing structure. 3. The new structure will not be a nuisance on serious hazard to vehicles or pedestrians. 4. The new structure will have adequate and appropriate facilities for the proposed use and in fact will be superior to what currently exists. 5. The use is in harmony with the purpose and intent of the zoning by-law because the use is not changing. 6. This is a Special Permit pursuant to Section 9.1 of the zoning by-law. The change requested is upon the same lot occupied by the existing nonconforming structure. The nonconformity is being reduced in the proposed structure. The new structure shall be substantially better than the existing nonconforming structure. 8K 4836 FG 338 �i",II I,• . KNOW ALL MEN BY THESE pMEM that Freddie G.Crabb and Eileen E.Crabb,of R t North Andover,MA.,in consideration of Two Hundred Filly Nine Thousand Dollars to us paid by y} ° Breton Properties,Inc. of North Andover,MA.,the receipt whereof is hereby acknowledged,do hereby remise,release,and forever QUITCLAIM unto the said Breton Properties,Inc.a certain O lllf I'i"' parcel of land,located at 1-7 Ellis Court,North Andover,MA.Described in Exhibit A attached , hereto. SEE EXHIBIT A SEP 5'97 vµ12:47 �i �}{ = IN WITNESS WHEREOF we,the said Freddie G.Crabb and Eileen E.Crabb hereunto set our handand seals this 5th day of September,1997. - E AEEnS RFC 0, FSBEX i14rtTH i 4 � � UFEU REG 04 �tl4L�ccc bY�'---► E59E% 9VClk H 7` 69lQS/47 Freddie G.Crabb TAX. YS6.94 TAX 1 GQ Eileen E.Crabb CNN 04 } e- y CHCft i,00 4574' 9Q 19x03 'ISF_TAX k a 4575 00 J -04 y EX 1;'E TAX COMMONWEALTH OF MASSACHUSETTS ggt Essex,ss September 5,1997 x Then personally appeared the above named Freddie G.Crabb and Eileen E.Crabb and acknowledged the foregoing to be their free act and deed before me, . d 6oj�Pbfi.-Pvter G.S My Commission exp.2/26/04 CAW P W 1NWV1PD0CS%EALWAIDEED. . r °� ISI �'; �1c�Sotnnsan sr. N. jo-jec,W-A o1FUS II r � ! SII f " I a t i �r sr , I !� � - GK 4836 PG 339 1-7 Ellis Court,North Andover The lazed in Norris Andover,Essex County,Massachusetts,with the buildirW thereon., bounded and-described as follows: Beginning at a point in the Southerly line of Saunders Street One Hundred Fifty-eight (159)feet east of its point of intersection with the east line of Main Street,thence running southerly by laud now or formerly of A.N.Smith Foetyone and 3/l0(41.3)feet;thence running westerly by land of acid Smith One Hundred Thirty-Four(134)feet;thencerunning again southerly Sixty-three and 3/10(633)feet and again westerly Two(2)feet;thence running again southerly Twenty-two(22)feet and thence again westerly Sixty-three(63)feet,said several - courses being all by land now or late of Ana M.Smith to said Main Street thence running southerly by said Main Street Twenty-three(23)feet to land of A.P.Ellis,now or late;thence running easterly by said Ellis land about Twohundred tea(210)feet and further Twelve(12)feet by land now or late of the Heirs of H.B.Ellis,and thence running northerly One hundred fifty- four and 921100(154.92)feet to said Saunders Street by land formerly of the Heirs of H.B.Ellis and as shown on recorded with the North District of Essex Registry_ plan gustry of Deeds,Book 259, _n .- page 600;thence running westerly by said Saunders Street to the point of beginning. Being the same premises conveyed to+-s 1—A—A f Freddie G.Crabb and Eileen E. Crabb deed recorded hasaktith.v„ 3oo1G t3 g o PMte ,o(i. h� _x z � l _ � r s } " i , NOTES 1. OWNER OF RECORD IS BRETON PROPERTIES. INC. BY DEED BOOK 4836 PG 338. SURVEY BENCHMARKS J 2.PROPERTY LINES AND TOPOGRAPHY FROM A FIELD SURVEY CONDUCTED BY MARCHIONDA&ASSOCIATES. LP.IN MAY 2005. DATUM: HELD INVERT ELEVATION SMH 8+23.5 AS SHOWN ON p 3. UTILITY INFORMATION SHOWN IS BASED ON A FIELD SURVEY AND FROM RECORDS SEWER PLAN A-1-2 DATED FEB 1934 SAUNDERS STREET PROVIDED BY THE NORTH ANDOVER PUBLIC WORKS DEPARTMENT. ALL UTILITY INVERT "" `" r ' STA 8+23.5-12+45.8 PROVIDED BY NORTH ANDOVER PUBLIC WORKS DEPT. W BENCHMARK = PK NAIL SET IN UTILITY POLE 3343 REAR N ELEVATIONS MUST BE VERIFIED IN THE FIELD BY THE CONTRACTOR PRIOR TO !rvv=58.23';:ecxdi "�_ p B60 MAIN STREET ELEVATION-67.99 CONSTRUCTION. ANY DISCREPANCIES SHALL BE REPORTED TO THE ENGINEER PRIOR rcn TO CONSTRUCTION. S;e 5.ss 4. MARCHIONDA&ASSOCIATES,LP. DOES NOT WAARANT THAT ALL UTILITIES ARE SHOWN. _ ca - e9n-us.6t D,ur, f. DIG SAFE MUST BE NOTIFIED PRIOR TO EXCAVATION. cc ✓ARigBE� sP\ LMh SDss4TspE �x o "� E KfDnr� y' rl�'"jfrimr^-rm;.;�rrz.�'--r.:fr'r,-rr�frrr //- O ,N 5.48 rexrdj N06'54 S' •1i' QUJ 1•' 7177 Kn 0 J Q G Y _ LQ. y q54!,I 11 s e Z Q. 'ter, S v SrA;ixJ4:a 4-119.7 Q d .N 'r. o / / X11 :{ G?�•r w ` �..`_....`�"�`N O�s'(re<wd} q H U- 1 ✓ 11ec w Q a f 8 , _ m O Y:11<:G' .'LLI:L�L/111G1G.'!•• 1/.,':.i >5 / .tA -1�C 53 ! (r I'' z O N rR arvr Dc : sst OR wp 29!nr{; l J' SOT02'4, °�" / �ll 3!-.5,.56 e6 A.\--�QUI..' a -4d•�Y'^'^? it t ! rqV O'JT=33.28 '6o- iii/ a PAOP06FU 3,',h3)'41 -�'i' !/ 1 ft 27 -V / / < e fi, STePROP w PAeryc '^ 111 / R / �/ ASSESSORS AMP29 LOT2�0 r' `�19917 S.F. v/ 0.N.N?N y 0.467 ACRES ASSESSOR 29 TOT 2i Aa.' /1-7 elm COURT ,743-48 MAIN ST 9I' PROPOSED / PARSONS N sc i nib +�•c,I a1:w I - „n�,:ex. - ff / A4/ r-- PROPOSED x n .w ' T /ter 3 rJ. T! I till 6 Oj ,/e afu..e• r l i 11 C) � N ;zw ASSES ORS Mat 29 'OT a dr'yrt;/M%E:RS sr 'v l T4Riw2 JY.92.59 91 03.7 Pu c](�a PROP 3oPcK'. 1 RaPosEO 4. I !I�.-lJlJi 1P90P I ��'i1 �I Wb /I DEVELOPMENT SUMMARY 15321}9.!359 1�1 f ��w / z 1p REQUIRED EXISTINGPROPOSED iPPO05E0 y . 51147'4'E 41.75' y/ - ZONING _ - BUSINESS GENERAL BUSINESS a. a - 8 129 '- 117 _ `` e2.1 ej GENERAL MINLOTARE4 25,000 SF 19,9135.F. 19,913 S.F. Ip E/-,�.��('i 1r ltia 4!'"� PROPpSEy "� /jV( r ( (' N f U MAXHEIOHT 45• 26' 3T ----s..._�" n- ,.. ` ° _ 't "�l I��Fm z x v - _ _ - FRONTAGC 125' 23.34'MAIN ST 2334 MAIN ST Nt i'47'JI^N_-15M1.G9' - ©QQ QQQQ(gpy('j Cj C}!J i2,(. / Q V H t0 12.54'SAUNDERS ST 72.54'SAUNOERS ST "-� s VO J FRONT YD.SETDACK 25' i 68.3'MAIN ST 85.9'MAIN 5T '_�' $ '•` y I �yQii N J SIDE YD.SETBACH 25' 14' 16.0' .✓. C,r _ g �,,�-, j Il REAR YD.SEIRACK 3S 12.6'OPP MAIN ST 213'OPP MAIN ST E A Q 25.5'OPP SAUNDERS ST 25.1'W.F.D.OPP SAUNDERS ST 1 I !i' N y 15.1'DECK OPP SAUNDERS ST r 110'STAIRS OPP SAUNDERS ST t )4.: 27L�l I F { I - Q ..4 0 p MAX IDT COVERAGE 35% 22% 21% a�A. 2,_";I a W LY 5 z BLDG FOOTPRINT N/A 4,334 SIF 4,268SF r./ Q I`• 0 C -1 <Z PAVED AREA N/A 7,3348E S,b703F /j 'A Q w NLU .0 PAR PEERRL USE 2/uNrr 1B/UMT(13 SPACES) 2.4/UWT(17 SPACES) a7 .�' z 4c z Y ur/ W cc d IL O Z IT pr I 'I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN HEREON x�IN..:e.as // ' Marchionda .NV OIIT 5`•.E8 ARE THE ONES DIVIDING EXISTING OWNERSHIPS AND THE LINES ssM mo - �. 21N J r1 &Associates,L.P. OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE _ r' /,. , STREETS OR WAYS ALREADY ESTABLISHED AND THAT NO NEW LINES Nv:w.53-35 1 FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN.' �c' "a'"a - ^.,L-1n .+_ !�„ 9 SAUNDERS STREET �\ J' /�/' Plann gnConsultants FilA..677e rPU45L4<- o•2. r40' D \OSh aA.n.9r-u.s 62MortvabAve" TEL-.(761)43M121121 suite PAK(,781)4369654 e MA 02160 fkamEffat.R•,A�5r.66• � _.___�___.__.___-__-- U_- - C8 C INV W A 4.59.11 ''o n',y..>8.12' eIIgIROe(115�11�11011�.COI11 STEPHEN M.MELESCIUC,P.L.S. DATE Wv OUr IS C-59.11 ---___ '"°+'re c; .1 IN as 8.5..92 Websft.MWN.rtIHCItORdB,CA10 rNY W�S9.,1 �Y 911 IN C3 0.54.17 y1/ INV102Y4Y+5197 20 10 0 20 40 60 Cr, w'.,12=CLAY.57.97 ItN1101M h M.h A NIX:70"1 1' SCALE:1'.211 SHEET 1 0 F 1 f LL-L ........... ............ ................. ........... ........... . ❑❑ ® : ❑c 1 c ® ❑ F-1 ❑❑ ❑ ❑❑ ❑c❑ ❑❑❑go 1un . ❑ ❑ 011 PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 3-06 8 460 I c` u le rL t7 PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 - ---- - _- 41-011- A N f' `r SLOPED WALL WPINE GAP rn . � w N� w 821 ST i-- 01 DW 5836 MBO _. . Li......... PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 38'-0" i N 1 \ s - 1 -0 BI N N al N is, 2-6 to 6 zCC o N YM 30 PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 — ------------- all F1 CS C, -M IT r- nil PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 3-0x6 8 60 is-io• N. Ov 9-9xo-E PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 PECEIVED (-C, DTOWN TO i CLE.E' 'w OFFICE Op NORTH ANDOVER SPECIAL POWHE AM 9: 20 ZONING BOARD OF APPEALS TOWN €F NAME NORTH ANOMP AnDR'ESS OF APPEAL i _7. Ellis Cn„r+• Nnr r1��r R �sr®r MII-- t6 rCll ' Tune Stamp Procedure & Requirements for ;3n Application for a Special Permit Ten (113) 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 The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for hearing date and prepares the legal Zoning Board of an @22lication as incom tete. 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. oetitiolcomplete 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 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 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 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. ire 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 it has received to date. 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 F'Ai2T1ES 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 filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS. of all the required information to the Town Clerk's Office The petitioner is responsible for recording 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: LL it , 978-6813-9!. Office of Community Dev. & Services North Andover Town Hall l ` 400 Osgood Street 120 Main Street lt.. s c ZG 05 .�' North Andover, MA 01845 North Andover, MA 01845 �$8-9542 fax for all Community Development offices . - -AI_c 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 PAGE 1 of 4 PAGE 2 OF 4 Date & Time Stamp Application for aSPEC"AAL PERMIT North ANDOVER ZONING BOARD OF APPEALS °I. Petlti®ner: Name, address and telephone number: Ellis Court , LLC c/o Peter G. Shaheen 820A Turnpike St . North Andover MA _ ( 978 ) 689-0800 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: fume, Address and Telephone number and number of years under this ownership: Breton Properties , Inc. 9 Kents Court Years Owned Land: 3. Location of Property: a. Street:1-7 Ellis court Zoning District G-B b. Assessors: Map number 2 9 Lot Number: 20 c. Registry of Deeds: Book Number 4 8 3 6 _ Page Number: 3 3 8 4 By-Law Sections ander which the petition for the Special Permit is made. Section 9 . 1• and 9 . 2 Section 7 . 3 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building commissioner. 5. Describe the Special Permit request: Petitioner re uest ermission to raze the existing 7 Unit resid ^d t aTl t}t n-pw 7 t,ni t residents al - structure *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant 4o the Zoning Board Rules an e9 d Regulations as cited on page 4 of this application. r Page 3 of 4 Application for a P C AL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back` Sq. Ft, Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear 19 913 22 -, ° 23_.3 . 1.3_ 68 , 1-4 58 - 12 .8 12 . 54 b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back` Sq. Ft. Sq. Ft. Coverage . Feet Spaces Front Side A Side B Rear 19913 2.L. % _23...3 - _17 $6 , 16. 0 50. 3 * Varies see Plar oy c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. FL Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25000 NA 35 % 125 14 125 25 25 35 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building' of Units 4334 2 6 , 500 Residential Apartments 7 `Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units 4256 3 8 ,500 Residential Townhouses 7 °Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. S. 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 a and Regulations may result in a dismissal b t i � herein and in7_ 0�_nz + o u! s a g y tt s y he Zoning Board of this application as incomplet Si nature T e abOV@ r?afrte S here Peter G. Shaheen PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Kermit must be supported by a *10. B. *Plan Specifications: legibiy written or typed memorandum setting forth in Size of pian: 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 IVtGLA ch. 40A, and the 11) One(1) Mylar. North Andover Zoning By-laws, all dimensional Ili) 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. The particular use proposed for the land or structure. 1) Site Orientation shall:include: 2.The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning district (s) 3. There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4, wetlands(if applicable) 4. Adequate and appropriate facilities will be provided 5. abutters of property, within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties S. The use is in harmony with the purpose and intent of t within 50' from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. B. Specific reference and response to the criteria 11) 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. Pians 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 1) five or more parking spaces, abutter's list for the legal notice check. Also, the 11) three(3)or more dwelling units, applicant shall supply first class postage stamps 111)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 for the Legal mailing and one copy for the Decision topographic information. mailing). C. Administrative fee of$50.00 per application. ►►►► A Special Permit once granted by the ZBA will lapse in 2(two)years if not exercised and a now ill petition must be submitted. Abutter to Abutter( x ) 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 29 20 Breton Properties 0 Ellis Court North Andover,MA 01845 Abutters Properties Map Parcel Name Address 18 1 L.Carlson Realty Trust 39 Main Street North Andover,MA 01845 18 2 Hans Christensen 9 Morton Street North Andover,MA 01845 18 3 Evcon Realty Trust 1 Cherry Lane Georgetown,MA 01833 18 33 Frederick Spicer 20 Hodges Street North Andover,MA 01845 18 35 Ramsey Bahrawy 55 Main Street North Andover,MA 01845 18 36 Douglas Small 548 Forest Street North Andover,MA 01845 18 37 Dimitrios Nikitas 5 Aqua Way Salem,NH 18 38 James Gioia 24 Hodges Street North Andover,MA 01845 18 39 Barbara Blanchette 15 Waverley Road North Andover,MA 01845 18 40 Shirley Conlin 21 Waverley Road North Andover,MA 01845 18 42 J&M Realty Trust 69 Main Street North Andover,MA 01845 18 43 Lee Bluemel 28 Waverly Road North Andover,MA 01845 28 8 Trip&rth Realty 16 Main Street North Andover,MA 01845 28 12 Sutton Redevelopment,LLC 30 Main Street North Andover,MA 01845 28 13 Sutton Redevelopment,LLC Po Box 486 North Andover,MA 01845 28 14 Anthony Conte Sr Po Box 486 North Andover,MA 01845 28 15 Christopher Downer 21 Main Street North Andover,MA 01845 28 16 Lesley Carlson 39 Main Street North Andover,MA 01845 28 17 Carlson Realty Trust 39 Main Street North Andover,MA 01845 29 1 855 Realty Trust 91 Quail Run Lane North Andover,MA 01845 29 2 Phillip Miller 16 Saunders Street North Andover,MA 01845 29 3 Phillip Miller 16 Saunders Street North Andover,MA 01845 29 4 Vasiliy 24 Saunders Street North Andover,MA 01845 29 5 Philip Wentworth 32 Saunders Street North Andover,MA 01845 29 6 Kiame Mahaniah 34 Saunders Street North Andover,MA 01845 29 7 Paul Taylor 38 Saunders Street North Andover,MA 01845 29 8 Steven Nugent 44-46 Saunders Street North Andover,MA 01845 29 9 Robert Turner 54-56 Saunders Street North Andover,MA 01845 29 10 Robert Hardy 58 Saunders Street North Andover,MA 01845 29 11 Steven Perlmutter 60-62 Saunders Street North Andover,MA 01845 29 15 Eugene Willis 76 Boston Hill Road North Andover,MA 01845 29 16 Dorothy Taylor 29 Saudners Street North Andover,MA 01845 29 17 John Tucci 31-33 Saunders Street North Andover,MA 01845 29 18 Ehteram Vakili 6301 Glade Avenue Apt#K302 Woodlane Hili,CA 91367 29 19 J.A.M.Realty Trust Corp. 15 Glen Avenue Methuen,MA 01844 29 21 Spelios Rally 329 So Main Street Bradford,MA 01835 29 22 Lee Briggs 11 Saunders Street North Andover,MA 01845 29 23 Town of North Andover 120 Main Street North Andover,MA 01845 29 24 Wayne Stanuchenski 16 Cleveland Street North Andover,MA 01845 29 25 Pacific Main Realty Trust PO Box 486 North Andover,MA 01845 29 39 Rack Realty,LLC 91 Hampstead Street Methuen,MA 01844 29 40 J&M Realty Trust 701 Salem Street North Andover,MA 01845 29 41 Paul Dedoglou 675 Foster Street North Andover,MA 01845 29 42 John McElhiney 190 Kings Highway U-A16 Hampton,NH 03842 29 52 Michael Kellan 90 Main Street North Andover,MA 01845 29 53 Jacqueline Urso 5468 Highway 223N Viola,AR 72583 29 55 Robert Safi 22-24 Cleveland Street North Andover,MA 01845 This certifies that the names appearing g on the Page 1 of 1 records of the AssePolsi -pffice as of Certified b aW3 � a NORTk Zoning Bylaw Denial Town Of North Andover Building Department 400 Osgood St. North Andover, MA. 01845 s,� btu Phone 978-688-9545 Fax 978-688.9542 Street: i5 Ma Lot: d Uf licant: Request �AA4 r- rj Datie: Co 3 zi C 5' Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw masons: Zoning G -� ioi / / Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Fron a Insufficient `�a s 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting 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 Use Preexisting 2 Complies 4 Special Permit Required S 3 Preexisting CBA 5 5 Insufficient Information 4 Insufficient Infomnation C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient °-I s 2 Complies 3 Left Side Insufficient t/-es- 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient Building Coverage 6 Preexists setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3. Coverage Preexisting 5 1 Not in Watershed 5 4 Insufficient information 2 In Watershed j Sign N 3 Lot prior to 10/24/94 1 Si2n 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 More Parking Required 2 Not in district Lj e.5 2 Parking Complies LAe.S 3 Insufficient Information 3 Insufficient Inforrnation 4 I Pre-existing Parking Remedy for the above is checked below. Item e Special Permits Planning Board Item 9 Variance 13-1 Site Plan Review Special Permit 3 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 Specwl Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permit preexisting nonconforming Watershed Special Permit The above review and attached mpleration of such is based on the plans and information submitted. No definitive review and or advice shall be bawd on verbal Nownbom by the gVkoarrt nor shall such verbal eVhnations by the appNcaM serve to provide definitive anawers to the above masons for DENIAL. Any aacaxacies,makeding irftmelion,or other suba,quent changes to the intommhon submitted by the appkant star be grounds for ttus review to be voided at the discretion of the Building Depertrnerrt_The attach,,d=ww t tiled°Pbn Review Narrative'shah be a ew hereto snot incorporated herein by reference. The buikti V department wig Main all plan and doarmertiion for the above tie.You must fie a new building perrrtit appkadon form and begin the pe nOM pracm Building Department official Signature Application Received Application Denied Denial Sent.- If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicded on the reverse side: NlO! JT` S ,ec id ! QOt/A!/ /c)r' a /'-e ev.-,S//4 moi:a I'm 1A ' 104 C?NP r UC'j&Pe /rj i" t't' t1:rr Poo c&). ' /S 0- '7 Lev t f- --43isr fa %nub I ���� PNW ryas Se�l�rt� C) ,C, /`Y it i r v w `7'G/ru c . h �<_`i.�, 2c-, Acoe i^-e `J!L/,-w c4 -hi'var Referred To: Fire Health Police Zoning Board Conservation Department d Public Works Planning Historical Commission Other J BUILDING DEPT To: North Andover Zoning Board of Appeals and North Andover Planning Board From: Breton Properties, Inc. Date: September 12, 2005 Re: 1-7 Ellis Court Dear Board Members: This letter shall serve as my authorization to Ellis Court, LLC to appear on behalf of Breton Properties,Inc. in all matters pending before your board. Breton Properties, Inc. By its President and Treasurer R Miriam D. Brenner vIE,"YIO IN SUPPORT OF APPLICATION FOR SPECIAL PERMIT 1. The proposed use is a seven-unit residential townhouse condominium ec 2 specific appropriate o The eciiic site i s an a ro iate 1 cation for this use.and structure because e it currently is a seven-unit apartment building. It has been an apartment building for decades, even pre-dating zoning. The current building is in need of replacement due to its age and condition. Under current zoning restrictions the building cannot be replaced without a special permit. The new structure will continue the residential use that has been in place for decades but will actually reduce the nonconformity of the existing structure. 3. The new structure will not be a nuisance on serious hazard to vehicles or pedestrians. 4. The new structure will have adequate and appropriate facilities for the proposed use and in fact will be superior to what currently exists. 5. The use is in harmony with the purpose and intent of the zoning by-law because the use is not changing. 6. This is a Special Permit pursuant to Section 9.1 of the zoning by-law. The change requested is upon the same lot occupied by the existing nonconforming structure. The nonconformity is being reduced in the proposed structure. The new structure shall be substantially better than the existing nonconforming structure. L 1 - tp I � BK 4836 FG 338 1 kg{}ill 111 01MO.A[M DEED KNOW ALL MEN BY THESE PRESENTS that Fteddie G.Crabb and Eileen E.Crabb,of North Andover,MA.,in consideration of Two Hundred Fifty Nine Thousand Dollars to us paid by Breton Properties,Inc. of North Andover,MA.,the receipt whereof is hereby acimowledged,do hereby remise,release,and forever QUITCLAIM unto the said Breton Properties,Inc.a certain parcel of land,located at 1-7 Ellis Court,North Andover,MA.Described in Exhibit A attached Hereto. G' its I1 >- SEE EXHIBIT A SEP 5'97 PR12:07 3 JEI Illi.,' IN WITNESS WHEREOF we,the said Freddie G.Crabb and Eileen E.Crabb hereunto set our 6 y ly hand-and seals this Sth day of Septemba.1997. - t f�1E t 1 + 2 AEETO kFG 0. hF.ELS REG 09 FS9EX NORTH { 1 < FSSEX NOk 49/45/97 Freddie G.Crabb t ggppI$ " Z 49/45/97 t n��� TAX. IN.44 qkr a? TAY 1.44 E�'r"b c►i t I ,-44 d, CHCR 1.40 4574 44 19-103 JSF TAX '11 TAX COMMONWEALTH OF MASSACHUSETTS .gg v Essen ss September 5,1997 I' h. Then personally appeared the above named Freddie G.Crabb and Eileen E.Crabb and acknowledged the foregoing to be their free act and deed before me, 4P�.bli.-Petez G.S y( My Commission exp.2/26/04 3 CAWPWWWWPWOULEALMAWEID. J I. f:. P j E,I, yat Su4Msa�n sT• _ tj.Fr} ,jCr,MAA oi4vf I' 7 r ; sX u sJ } t 8K 4836 PG 339 _ 1-7 Ellis Boort,North Andover The landin North Andover,Essex County,Massachusetts,with the buildings thereon, bounded and described as follows: -F, Beginning at a point in the Southerly line of Saunders Street One Hundred Fifty-eight (15s)feet east of its point of intersection with the east line of Main Street;thence running z southerly by land now or formerly of A.N.Smith Forty-one and 3/10(41.3)fee;thence running westerly by read of said Smith One Hundred Thirty-Four(134)feet;thence running again southerly Sixty-three and 3/10(63.3)feet and again westerly Two(2)feet;thence running again � southerly Twenty-two(22)feet and thence, again westerly Sixty-three(63)feet,said several ; courses being all by land now or late of Ann M.Smith to said Main Street;thence running ; southerly by said Main Strut Twenty-three(23)Beet to lead of A P.Ellis,now or late;.thence running easterly by said Elba land about Two hundred ten(210)feet and further Twelve(12)feet 3' v by land now or late of the Heirs of H.B.Ellis,and thence running northerly One hundred fifty- four and MOO(154.92)feet to said Saunders Street by land fon nerly of the Heirs of H.B.Ellis and as shown on plan recorded with the North District of Essex Registry of Deeds,Book 259, Page 600;thence running westerly by said Saunders Street to the point of beginning. bH Being the same premises conveyed to u&b&Aa&daf Freddie Ci.Crabb and Eileen E. Crabb^deed recorded hanwith.ria $ook t3ry o,Fky SOL• x JI- a NOTES 1. OWNER OF RECORD IS BRETON PROPERTIES,INC.BY OECD BOOK 4836 PG 338. - - SURVEY BENCHMARKS r 2. PROPERTY LINES AND TOPOGRAPHY FROM A FIELD SURVEY CONDUCTED BYp) z MARCHIONDA&ASSOCIATES,LP.IN MAY 2005. = 3. UTILITY INFORMATION SHOWN IS BASED ON A FIELD SURVEY AND FROM RECORDS DATUM; HELD-VERT ELEVATION SMH 8+23.5 AS SHOWN ON - SEWER PLAN A-I-2 GATED FEB 1934 SAUNDERS STREET PROVIDED BY THE NORTH ANDOVER PUBLIC WORKS DEPARTMENT. ALL UTILITY INVERT m STA 8+23.5-72+45.8 PROVIDED BY NORTH ANDOVER PUBLIC WORKS DEPT. W BENCHMARK - PK NAIL SET IN UTILITY POLE 3343 REAR H ELEVATIONS MUST BE VERIFIED IN THE FIELD BY THE CONTRACTOR PRIOR TO CONSTRUCTION. ANY DISCREPANCIES SHALL BE REPORTED TO THE ENGINEER PRIOR 1�`;F,c /60 MAIN STREET ELEVATION-67.99 TO CONSTRUCTION. 4.MARCHIONDA&ASSOCIATES,L.P. DOES NOT WAARANT THAT ALL UTILITIES ARE SHOWN. DIG SAFE MUST BE NOTIFIED PRIOR TO EXCAVATION. I 1 VA � 1 SO6'34' 5, /7/•"T%':rr/s'�-?7Ti,3S`% T�/.�%� Ti'�j-// 2 - �NOW54'5.-W sear raw G Q - 5 e ecaa.' LI.I -� ✓ Y6f:um SY � / z a � '�-�..'� ��\ CM1H rA•1+s< tr .C9.3 QLL V Nr Or O P yEMAP I9 ROR �s N/F.h2G /�, x�6-1&NFrV ST i /tlM.�yJ rt ��. li YiiGbf/./.='�'�'dL�.GLl1LLG%!L!LCLo.LLG//�"sa l 1 �, a„ �Nv Our v r''�. m 45 SOK /%.53 ! 1 S j 1 f Z tSSi: GR' ANY 29 29.v^f�i� bye f f $.� 2794' Q O •^�"-�•'f 1 IPI�Jt=_l.]fl �r # 3T r _ 1!' _/_ E�St 1 `L„rrp S£• I // I �j O e i" (N►1 I ]-art ASSEMRS MAP29 LOT" :1 (1� t991S S.F. ,u/'00NQ!:N 34. 0.457 ACRES F5515SX S MAI 29-07 2 !/ % T j1-7 mus COURT s' e-a8 d*A!N S7 Wj �4r aY' �mt 1 � 1 1 � nYP7 •' I J/ IRIxi f w r. r^ 1.' Q. ,na PROPOSED I f of j- ertcoNG 1 ,,..;RFr• � is-�1"c .•/ ! , t! ar a) /y 1 r__ PROPOSEDmw J Y- {)•" �?,= f a N�,• °f ,iF,nu.,re�. "'��°° I l Z/ N o 29,07 22 i 10 ittnn r-"_ PRovosEO e. /�� F DEVELOPMENT SUMMARY �'i g;x^- 1 'I , ESs b°"y ��' _ /��j-j ! �� PR2y_trSE91- .. �y. // ..7 r p5 l !/!. C.L!.A PROPOSED p .�`M`��. 511"47'41'E 41.75 LY REQUIRED EXISTING PROPOSED .. W , XONINO - GENERAL BUSINESS GENERAL BUSINESS --_- " r<. s ` 8 wFO 'j"°1s.r-� '--'� 1e2.e' c;/�y//'R / w N t/1 MINLOT AREA 25,000 SF 29,913 S.F. 19,913 SY. �I ,EY_�.�5$_'�ILftl "� PROPOeE h % /l�j/ I U MAX HEIGHT _ 45 26' 37' _ - -_ / a o FRONTAGE 12 23.34'MAIN ST 23.34'MAIN ST WIY41'411 1469' \ l 000 DUUU'O_.,000O --.�1< 6' /J ;r "'/ _ V w12 _ _ -- -- 12.54'SAUNDERS ST ]2.64'5AUNDERS ST _ °'"'-a - 'J -a r - �v ` FRONT YD.SETBACK �25 -6-8.3'MAIN ST 85.9'MAIN ST 1jl' - �rY 41 q 3f Fx 0) SIDE YD.SETOACK 26' _ 1.4' 16.0 •�✓ ,�Ir r.Sri I, { „r.K. y it I R... N O y REAR YD.SETBACK 35' 12.8'OPP MAIN ST 213'OPP MAIN 5T i if 25.5'OPP SAUNDERS ST 25.1'W.F.D.OPP SAUNDERS ST f A / Q °Q N_ v 15.1'DECK OPP SAUNDERS ST y _'I z 110'STAIRS OPP SAUNDERS ST !r i '.,. (� ..+ m Z n f s r' r 1 / - _ - .i {I "- "4 '"'1 a V O MAXLOTCOVERAOE 35% 22% 21% q, eLDO FOOTPRINT N/A 4.433 SF 4,280 SF I! 0 Q "1 Q PAVED AREA N/A 7,334 SF 5,570 SF PARKING.PER2/UNIT "/UMT 413 SPACES) 2.4/UNR(17 SPACES) ! / W � RESIDENTIAL USE C 4,1' v/1 r� -j ( d( z rX d' ci�� jrpi/ Q' "I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN HEREON xu=.,aas I 8 Marchlonda .NY 7t1'Ss 6 l ,'/ � / ARE THE ONES DINGING EXISTING OWNERSHIPS AND THE LINES sew.mo iV-== C3 3 &Associates,L.P. OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE - `- O niu-sr_<:t STREETS OR WAYS ALREADY ESTABLISHED AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN.' krN�tli:i 9 n INV�39.is r y I Ptenning consultants SAUNDERS STREET 9 J� -----,------- __ \�--� tPU$s!.£.- 40'mD ,D•rx.r_ �• �/" ' 62 MoTNsiB Ave" TE1:(781 43&6121 - O rr f PA+�62.38 �-_--._�_'• iMH sr,8'-�35 �-.� �" - Suite l FAX:(787)4383654 xv sszl \� d SWwhmMA02180 r Ef8itf[WN CO 4.C.39. O• n'Nn I- 12' STEPHEN N.MELESCIUC,RLS. DATE twv x'r cv c.s9.++ ^-----------___,1O r"1 C� wv rN;s 1,44.92 Webaib:WWMtDImChiddB.com NOV IN C3 17 SEP110WER 7.2005 INV ID•Ct4re5,L97 20 10 0 20 40 60 W7!2"YAr.33.97 ItYfROfC15\705-01 QUS CT�7001GU110 . I R.k A W-708-01 1'. SCALE I'-20' SHEET 1 0 F 3 _ ... . EiLiLiji EEJ ............. 0 oa . ® o�� ® o ❑o oa�a c� - ® aao ❑o I=F o� as aaoo -- ❑ acs❑ aac� _ c�c�ac� a ❑c� ac�c�c� 1=0L ILJ EJ _ PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 3-0x(o & 60 10'-IQ„ C1 n PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/1.4/05 41-00 20 5-0 QIP W Y N iL J SLOPED WALL # _ WP1NE CAP rn CA 140 FS `boo ...... _. . . ... . . . ............... .............. .. ..._. .. PROPOSED TOWNHOMES FOR 1-7 ELL,IS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 38'-0" —� — i N 1 6� I p —0 BI rMN 1 N c`n 24 Tom,. o c3fl O � N 1414/2„ PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 LLLI FMr FM =-7z LLu- M1 ®® 9292 - :_u __ �_r ' 9292 __._ 99 -`- 9292ca M - .._..-...._._..__.._...Y-- -__... PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 3-0x6 8 60 H 69N 9-9x0-6 PROPOSED TOWNHOMES FOR 1-7 ELLIS COURT NORTH ANDOVER, MA ------------------------------------------------------- Prepared by: New England Homes, Inc. 270 Ocean Road Greenland New Hampshire (800) 800-8831 09/14/05 Town of North Andover Town Clerk Tune Stamp Community Development and Services Division .'; ' EIV�DOffice of the Zoning Board of APPealsTL ,URK.a OF F CE 400 Osgood Street North Andover,Massachusetts 01845 2005 AUG 18 Ali 8= 54 D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 TOWN OF NORTH ANDOVER MASSACHUSE -T'. 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 13''of September, 2005 at 7:30 PM to all parties interested in the appeal of Jane L. Running& Per Arne Oines,885 Forest Street,North Andover requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the east side setback in order to build a proposed addition, and for a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend an existing, conforming structure on a pre-existing, non-conforming lot. Said premises affected is property with frontage on the South side of Forest Street within the R-1 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street,North Andover, MA Monday through Ffiday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on August 22 &29, 2005. Legalnotice 2005-026. M105.DP10. Board of Appeals 978-688-9541 Building 978-688-9545 conservation 978-688-9534 Health 97&688-9540 Planning 978-688-9535 NOTES 1. OWNER OF RECORD IS BRETON PROPERTIES, INC. BY DEED BOOK 4836 PG 338. VH SURVEY BENCHMARKS 2. PROPERTY LINES AND TOPOGRAPHY FROM A FIELD SURVEY CONDUCTED BY �J� z MARCHIONDA & ASSOCIATES. L.P. IN MAY 2005. �J "= �' __ DATUM: HELD INVERT ELEVATION SMH 8+23.5 AS SHOWN ON 3. UTILITY INFORMATION SHOWN IS BASED ON A FIELD SURVEY AND FROM RECORDS - =''r -�'�=�-,� SEWER PLAN A-I-2 DATED FEB 1934 SAUNDERS STREET PROVIDED BY THE NORTH ANDOVER PUBLIC WORKS DEPARTMENT. ALL UTILITY INVERT Sp,I t ST;A 7 ' STA 8+23.5-12+45.8 PROVIDED BY NORTH ANDOVER PUBLIC WORKS DEPT. W ELEVATIONS MUST BE VERIFIED IN THE FIELD BY THE CONTRACTOR PRIOR TO ,,�r✓=Sa.2s' 1 ,Yo J BENCHMARK = PK NAIL SET IN UTILITY POLE 3343 REAR CONSTRUCTION. ANY DISCREPANCIES SHALL BE REPORTED TO THE ENGINEER PRIOR #60 MAIN STREET ELEVATION=67.99 TO CONSTRUCTION. _ 4. MARCHIONDA & ASSOCIATES, L.P. DOES NOT WAARANT THAT ALL UTILITIES ARE SHOWN. � Rim DIG SAFE MUST BE NOTIFIED PRIOR TO EXCAVATION. - S V-=:3 2 iN'v' 5.22' ?iA;1=6.3.52 � GrAw Ch �/�q Ca wG �SIDEWALK o Q � g a� � c 1E�t 506-54'53 n7 `b -;r7777- U z r _ �r✓r 62. N06'54'53"W ,n c� 53.85 W �,,- '' � � r 6G rr; ',< SY ; � i�'r'pi771 �-. ,� / �� ,. • Q�._ 1 _ F--- / LLJ O Q Q fLn / i : LL /1 i G y r ^! r U Z 0 M / PROP /' {�.6 48 vk% S i j ` �� �;ti 6. �� / / L. / / Zz-Z, ' . fAl✓ ���r �.�'] G .. y W 0 =' > ' � er i SG<Y r P 29T3 { i ~� % m fj 5 r IA.(N S i W �. r w r SO' Y 1 �1 b,"I ~�i I, - ,- _ � Z - ' 2" l r °bY ^��/,- /j�c'_i (rf�.�rr TR "_)'- 5. �.<- �'Y C� 3 u (3Q 4 E ; `.,.,,.�. �,� v' i l ,% I O _ o �.. �� :. �' I _ ASSFsSo�S , ;P 29 gar ,y 27.94 y � /, t f eo FA,��N Sr �� Q �n 4' � n SOT 2'4 OSED ex+Sr/t �� {n f-- 0 E 38.36' ��j 7. 2 4' O� • � ,J.4 � �a;a %' __ �� � -� .,, .� r i PROPOSE 16.0' ; +�°' a , Li x.5. '8 PRO ED +� 27.4' 50.3' a � a h 17.3' 38' rx�sr ��y1_i t�� �; �,�� rt -i CD �6 v PROP 10' C- "" -- GtT CONIC I o °�cQ 1 � ��` DECK I PAVEMENt cs5 ���` j� ¢ U V O c> c, 1 o` �� ASSESSORS MAP 2910 , 0 � , � �,:• `� z, xz (lYP) I � T� I r !^' 19913 S.F. g.a v/rDr OVAN � ! �'�'� roe O -� 1 0.457 ACRES ASSESSORS 38 r+S5ESSGRS W-Y 29 LOT 27 w I� LP r- -i -- q #1-7 ELLIS COURT �r 6 '�t3 VA,N ` r �/j j J Ld / *� ip 317- (-'ow,C 1 9 ri 18' 1� V)PA trty r c, co I / (TYP) l; ZI k1 �-r.`' r. 71T :o^v�a� Q( j s TREE SIT PROPOSED I PARKING k�t .J llC �! 1 'Ar 'ONICII: Ni /K, t` l l`I U SCHOOL t o.f4 Uj S3.L9 z I \ �y �� 1 N /ri ROPOSED x y , b I � 7 UNIT b� I N j i! e �* W.F.D. I �� U Lp x I % %� . . W E3 ; f p /'.�.. fW 6Kx pt4' 6.303 x ,, WOLVL- j, : 391x ASSESSGRS 1,AP 29 L,Or 21 ( , t _ ?4°E` F. I , ? SAUNOERS Sr i f 38' e 51.2' j I 4 5 10' r- -- -- PROPOSED PR PROP 110' DECD -- ,,1 15 DEVELOPMENT SUMMARY � 1' PR EXISTEXISTING OSEDREQUIRED -PROPOS D - 41,75' + � S11'47r 41n E 41.75 213, PA r ZONING - GENERAL BUSINESS GENERAL BUSINESS I/1 p 29 o 22.9 / j tA♦ p / 92.8' (� � v MIN !OT AREA 25,000 SF 19,913 S.F. 19,913 S.F. pts `� , z.s' PROPOSE MAX HEIGHT 45 26 37 __ Y '1 f i v, � `. , CJ �1 +� FRONTAGE 125' 23.34'MAIN ST 23.34' MAIN ST < N11'47'41"W 154.69' a jj� �.. d� 12.54'SAUNDERS ST 12.54'SAUNDERS ST n��; rC POSTrrr Q q ';.0-01---- ___ 2 GA FG£ C'CPJC POSTS q �tip/� r Q ' r4�/ W �J/r .�Vl',: r l F�::L r� ' �i ' -.....2/ i'/ ♦ ti rI Lira (,� W O FRONT YD.SETBACK 25' 68.3' MAIN ST 85.9 MAIN ST ASSESSORS MAP 29 �Cr ,S � GAPAGG � ��ww ` SIDE YD.SETBACK 25' 14' 16.0 SA;- -,,.�S ST � � � ����� j lj ��1' l ��•;'� Oct N � � � J � Q o REAR YD.SETBACK 35' 12.8'OPP MAIN ST 213'OPP MAIN ST i Q„ CJ '�C 25.5'OPP SAUNDERS ST 25.1'W.F.D.OPP SAUNDERS ST j/ ~ W j z Q) M - Lu 15.1'DECK OPP SAUNDERS ST N� ,- VA EN J uNO rd;r r�rco,z ,w �' a, `ASANT � ;RUST aa�� W 11.0'STAIRS OPP SAUNDERS ST ASSESSORS mAP 29 r Cr 17 ASSESSORS VAR 29 r_oT 76 ASSESSORS !VAP � a j IG 0 0 O ass 7A 29 ..oT ,5 �r �y z x`31--33 SAL,,N,1 FrRS Sr #27-29 SAU,%0ERS ST #23-25 .Stfi��G trtS ST ��3 �'„ 77 � "`i Mj irfd V Of MAX LOT COVERAGE 35% 22% 21% BLDG FOOTPRINT N/A 4,334 SF 4,256 SF / / ,� r� Q Q < PAVED AREA N/A 7,334 SF 5,570 SF 0-1 PARKING PER 2/UNIT 18/UNIT(13 SPACES) 2.4/UNIT(17 SPACES) 00 0 N RESIDENTIAL USE COV 4s Z Ott /;w met Ott W v: 0. 0 U) z CIS R�'=58.48 CNV QU7 55.E38 "I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN HEREON / Marchionda ARE THE ONES DIVIDING EXISTING OWNERSHIPS AND THE LINES Q ARE THOSE OF PUBLIC OR PRIVATE f _.- j Ccs 1 OF STREETS AND WAYS SHOWN `� �0H FN0 � _..., I & Associates, L.P. "4-58 J' STREETS OR WAYS ALREADY ESTABLISHED AND THAT NO NEW LINES ` NV OUT 55.20 DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN." r �R4K ~ FOR ��� �'� -- ri / r/ �;��__62 2; �._-____-_.�"__-_-- Engineering and /NV-59.71 (racvrr0 ;� --___ _�____-_--- r� _ .- ___.____. M. SAUNDERS STREET R � U 4 / Planning Consultants ,jLAAj� ,�i ' �� O - ===_= -= : -_ _- PUBLIC 40 WIDE, --- - 1U" 'r` / .--- ' Sr1�N v+21.7 _._._-___-- _ ._-_=�__.-_..M.�-_.�:_�_.=�.____.�...___-_-•_-;_ ._-_----__.��________-..__�._____�_ ___-_.--___. �_ c�,/ RJfv�=6238 __�_. __��_-__ __ -_ Q . _ Svr-� STA 8+-23. / 62 Montvale Avenue TEL: (781)438-6121 4 't fi5.21 !N V' �' 92 Suite I FAX: 781 438-9654 � � G fNV=„ �`�� t _32.9 ( ) Mi N N`✓- fj r 4__._ _.__._..___.__ __ ..___ ____ -___ _ g %' 0�j NM 30049 r --- - _ __.. -� it SLAY A ® ._______..-=_--_�___, L� v..a��.:..�-.-�.�..._.�___�_ --- - _ Stoneham, A 218 C,3 C /,NIV IN CS A=59.2 STEPHEN M. MELESCIUC, P.L.5. DATE N✓ avr Ca C=59.,1 �P �w ! .,2 Email: engineering@marchionda.com INV - -- `- ;� �� NV „v Ca .4-54.92 rNV IPJ (.3 t)=5Website: www.marchionda.com 4..17 t`r�j `'''✓ 70°CGAY--5-3�9? 20 10 0 20 40 60 SEPTEMBER 7, 2005 N/ ;'cLAY =5,,3,37 H:\PROJECTS\708-01 ELLIS CT\ZONING.DWG ~v M. & A. NO.: 708-01 SCALE: 1" = 20' SCALE: 1"=20' SHEET :1 0 F :1