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HomeMy WebLinkAboutMiscellaneous - 22 MAIN STREET S TOWN OF NORTH ANDOVER VARIAN _ ' °`:1 . ,... ZONING BOARD OF APPEALS NAME: �fz 14 1'4 1 L ADDRESS OF APPEAL: � LIZ Town clerk Time stamp FS Procedure & Requirements �...a,_ for an Application for a Variance Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty 30 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. R supersede them. The petitioner will complete items STEP 7• DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the F required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be i cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Cleric. a certified list of Parties in Interest(abutters). STEP 10• RECORDING THE DECISION AND PLANS. STE=P 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and ten (10) Xerox the decision, the Mylar, and any accompanying plans at Copies of all the required information to the Tewn Clerk's the Essex County, North Registry of Deeds, '�-81 Gi fice to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the ::nd date of filing. The original will be left at the Town Certification of Recording form and forward it to the ( "erk's Office, and the 10 Xerox copies xill re left with Zoning Board of Appeals and to the Building 7e Zoning 3?(;ard of Appeals secretary. Cepartment. 'APOR`ANiIT X1.1®NE NUMBERS: - V.S-�`�8-3533 iffice r.f Community 0,3v. North Ando}ger'T,.-mn Hail � OC r�sgwod atr et, 1?0 I Iain 'Street !orth Arr'lover, '1AA,)1 �.5 )?tE-t<r3 -'ir01 T.F n <:r.'t1t°s' ;fi�ye� f:.' =x far is,r munity Ede s ,pa a�t;t siF; s 9f$-rs?ri-°368+3 : ue:a4sor's ffic�. '7kv't'; 1 -F 4 jy b �$,�'„k ) NOV 13 Md BOARD OF APPEALS PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a v`J ARIANC E Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: F 1-v t Years Owned Land: o� 3. Location of Property: a. Street: ,IA y 4Zoning District: .5 b. Assessors: Map number: 28 Lot Number: L y c. Registry. of Deeds: Book Number: tl z 3A Page Number: 2 qy II, , 4. Zoning Bylaw Section(s)* under which the petition for the Variance Is made. 6e c7 o r -7./ L o A 7,-e t . 4 _ener t �&� 76 flaojz Ac42L A-e3LC 2 SvMA4>4gy or r->iM e�t�d✓z�� ,Ze42vr ('eweo-7i 5 I *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: of � sT/' �e Alla � �� �_A- 8 9 G oT � �orc G vL� 472E6 nv! A5 RE2ul(26D) E>Lo 1-e� g4d� :ary 6- 1 fGO r�24d,--n 12147-2V The above description shall be used Ar 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,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split Lot Area Open Space Percentage Lot Frontage Parking jctav,2 Sq. Ft. Sq. Ft. Coverage Feet Spaces #426A Front Side A Side 8 Rear % e 9. % r ayc v vl -r NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 24iqj,�2 - /0,e 0 a 3 1 t6 s 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coveragge� Feet Spaces Front Side A Side B Rear 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 50 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units" *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units" *Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: Type above narrte(s) hers• 0zs , P J� �� PAGE4 OF .4 VARIANCE 3. WRI'T'TEN DOCUMENTATION "10. D.`?!,sn Spec►fications: Application for a'Variance must be supported by a 1) Size of plan: Ten (10 ) paper copies of a clan not legibly written or typed memorandum setting forth in to exceed 11'x17', preferred scale of 1'°=40' detail all facts relied upon. '01hen requesting a`'/ariance 11)One(1)Mylar, With one block for Registry 'Use from the requirements of MGLA ch. 40A, Sec. 10.4 and Only, and one block for five (5) ZBA signatures &date. the North Andover Zoning By-laws, all dimensional IIn Plan shall be prepared, stamped .and certified by requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please suppoi ted. All points,A-F,are required to be note that plans bya Registered Professional Engineer, (Iddressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or *10 C. 'Required Features On Plan: structure. q Site Orientation shall include: S. The circumstances 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. wetlands(if applicable) district in which the property is located. 5. abutters of property, within 300' radius C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed.structure enforcement of the applicable zoning restrictions 7. deed restrictions, easements. with respect to the land or building for which the H) Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses.arid phone numbers of the substantially derogating from the intent or purpose applicant, owner or record, and land surveyor. of the Ordinance. 7, Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects, such as decks, sheds,and garages, application. shall require only he plan information as indicated with an. asterisk 0. In some cases further information may 10. PLAN OF LAND be required. -ach application to the Zoning Board of Appeals shall be .accompanied by the follcwing described plan. Plans '11. APPLICATION FILING FEES must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: 'Town of North Andover- prior to the public hearing before the Zoning Board of -.A22-1760-4841"for the cost of first class, certified, appeals. return receipt($4.64 as of January 2006)x#of all parties in interest identified in MGLA.ch. 40A'.511 on the A set of building elevation plans by a(Registered abutter's list for the legal notice check. Also, the Architect may be required,&hen the application •applicant shall supply first class postage stamps Livolves new vonstructien/conversion/and/or a ;currently 39¢)x the#of parties of ii iterest Jn the �^roposed change in use. abutter's list for',he decision mailing. 0. A. Major Projects 11. B. Mailing/abets:,applicant:;hall provide four 1) Nets of rrailirg/:?Mels :io ',sfgerthan 1';{2-�;8"�3 capes i:.r pr yeasts.are al'cse )...Nch involve cn. p''of the ' or pr�pcsed: ' r the I_'? al, _rd 'ane cccy for .r e Cecis'cn ma0irg)• r !),five r5) or fror3 park ig:spaces, I)tlir;a3 ,3) ':,r units, d1. `>ee 20C,. R?-,,,:nor 1 r@ ci ed ie. 'f ,,,y gy�.,,, req Ay i A"..'.arianem )r eke ',4c 7pc'`-ad 'i1!`•.;:.pA�''.t"�A, ;°.l! j:�pte in y ; .x,r:e) 7F:arif gat ..rp.r cr.1 �r��a1 „r �7,9a�r ��prti�:n :gar li '.-�,t e• '.f i f t .�.J"'1jD r:t l�-i i . ; Srsbrm+ter1.',t y K RECEIVED JWEBRADSHAW FORMA O L 1 APPLICATION FOR APPROVAL NOT REQUIRED P aa •� l �i�v� .alit. ""� � �� t f DATE: •�.J J l 7 Lc,i.)) (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned, believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 33 1.Name of Applicant: S } J ,.j A we lofA ^�— L–`!- C Address:_ ,i 1 , e��' j U Ltl a ,I+ 2.Location and Description of Property[include Assessors-Map _ andLot and ZoningDistrict(s)): 419 - 6 � 11 - 13 3.Deed Reference: Book _7 f Page or Certificate of Title: 4.Name of Surveyor-1116—L C-(+,`L-Ldck-4 All,c i�(� �I Address: 7144,4 Signature of Owner(s): ' r- S Address: JO SII Please indicate the grounds either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. A, Each lot on the plan meets one of the following criteria: I Va) Has the frontage,lot area,and lot width required under the Zoning By-law on: a public way,or _b) away which the Town Clerk certifies is maintained&used as a public way,or shown on a plan approved and endorsed by the Planning Board under the Subdivision Control _c) a way P Plan_-----,or Law,recorded in Plan Book d) away to existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the __—e) a wa y adoption of the Subdivision Control Law. g, Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot°• the tan contains a building which existed prior to the adoption of the Subdivision on C. Each lot P Control Law. described D tin The plan shows an exisg parcel with no new lot division(s) and has frontage on a way above. Received: Town of North Andover Town Clerk(date stamp): Signature of T official rec vin this application: I L I T RECEIVED CLERK tice to APPLICANT/TOW N CLERK of action of Planning Board on accompanying p1405 AL `P P �;: � 3 1, a North Andover Planning Board has determined thsaidpplann as does not require aI the pp al under the ubdivision Control Law,and the appropriate endorse has determined that said 2. The North Andover Planning Board id Paan oval under thows a hetSubdiv on1Control G.L.c.41,s. 81-L and must therefore be re-submitted tort or approval Law. ve truly yours, N rth dover Planning o d B D Town of North Andover ZONING BOARD OF APPEALS F C,CI \Ifxrt l'.\tams t}I,[.,et.GlntnEvvrrt, � `' f ` Y. F 10 E' t;llcn 1' llcints�- t rrdarrrrrtrur *04ORr01 59 2010 MAR -4 PM - �9. tet:..- ? E• .. *.,yA QO � sclls 1).1«, i..c ,� r �• Richard\L VvlLurc mrr 1_crcukvtd[rvufarx At ( yy t hon?i.1.•1 o.ito a`' ; Dmli l S.Brat sc,kskj. ' y ono i' tlss:had 1'.i.o irt�� Gl .1IAVIIP''.11l%A",litrn Son Notice of Decision Year 2010 Property at: 24 Main Street North Andover,MA 01845 NAME; Rear Lot,LLC. HEARINQU "December 9,2008,January 13,& February 10 2009&February 9 2010 ADDRESSc24 Main Street North Andover,MA PETITION: 200M14 01845 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall,120 Main Street,North Andover,MA on Tuesday,February 9's 2010 at 9:30 PM upon the application of Rear Lot LLC,24 Main Street(Map 28,Parcel 14),North Andover,MA requesting a 1 time extension of the Variance granted by the North Andover Zoning Board Of Appeals an February I 2009 and was recorded at the Essex North Registry of Deeds Book on February 17,2009 11521 page 139_. The foilowing voting members were present: Ellen P.McIntyre,Richard J Byers,Richard M.VaillancouM Michael P,Liporto and Joseph D.LaGresse. The Zoning Board of Appeals voted to extend the Variance granted by the 2009-14 Decision at the regular February 9t1i 2010 meeting upon a motion by Richard J.Byers to approve the extension and second by Richard M.Vaillancourt. Massa Gen.Leh 40A,§ 10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not to exceed six months". Voting in favor were Ellen P.McIntyre,Richard J.Byers,Michael P.Liporto and Richard M.Vaillancourt. Voting against the extension was Joseph D.LaGmme. �jj" 1 f /V North Andover Zoning Be rd of Mppeals Albert P.Manzi 111,Esq.,Chairman Ellen P.McIntyre, lice Chairman Richard J.Byers,Esq.,Clerk Richard M.Vaillancourt Joseph D.LaGrasse Decision 2009-014 Page 1 9,f 2 02/09/2010 04:18 9786616628 MAN41 rtZgG utro� Y � 2010 FEB -9 PM 4 14 February 9,2010 MASS AM ;" E- ,.% Zoning Board of Appeals Town of North Andovcr 1600 Osgood Street North Andover,MA 01845 RE: Request for 1 time extension For variance granted 2/9/09 Rear Lot,LLC 24 Main.Street North Andover,MA Dear Zoning Board: Pursuant to MGI..A ch.40A sec 10 Rear Lot. LLC hercby requests a 1 time extension of the Variance granted by the North Andover Zoning Board of Appeals February 10,2009 filed with the Town Clerk on February 17,2009,and recorded at the Essex North Registry of.Deeds Book 11521 Page 139,attached hereto and made part hereof: Thank your for your consideration with respect to this matter. Very truly yours, REAR.LOT,LLC Albert P. Marvi.Jr, Manger i 02/0962010 04:18 9786816628 MANZI PAGE 02!05 Ek 11521 Pg139 07958 . Two Of North Andover ZONING BOARD OF APP.FALvt Aibext P.Maui III,&q. .61 Thaw=0,IPPOWO Dmid 5,Bram.Esq. - h Gellnd P.Liporto TOVP Cie*T.W '*mp om h N w Any WW be(!ted ithin atlee Of Damalott ba n to aarrtm d �t1alrs ban•brpaae llIdols O(doelMon.IM1b (20)days alta Mc daft art* yew am WmraGt�°f q ortllii oath in ate o16cs of*c Toru Clerk,Pm'Most.Gm L da. wax d0 17Pneaft n: uAmi 3itimd NAME: !tsar Lai ILC pier!,Xft JMwaarr x3.Apt ADDIS. 84Sts ems ! Nat®/Andovd, A/)18+15TIrPpVp DA i 2M9— The flora Andme Boort!of Appeda hairs ala&htartnR+a its rWW taar ft ii *e T*an fid!mp hoar '"Ging room 130 Mac 3r0e1.Aiotm Awdovcr,PJA on'1 m&W.Polame It 2009 at 7:30 PM ppop at appbcnoo oriker Lot LLC.m Mals gest!DAIp 21L Portal 14 NO&Atter.MAMpcwxks ditsxous ousi V aso bSoNi a 7.Par pgkx)7.L 7.2.7.3„$7.6 and TSW4 2 ofdW ZOWW Bylaworot'Iot ora& sweet fivub@k side xabeck.ad ON ant"t"oor order to ceaatna x pow ecom ti d them%%0 pM4xia ting, aan<ooRuatmg lot. Said pteotiaa trlibctad is RgPreA7 on tlae Exit fids of t1/a1i�StrErCt rrrthia tato I,S Maoirrg disOriot. LWO tt0dM wrre BMW all ntatl;i do do abtigow-s lift trodware nawapaper aftpanarsi cacaiatim in� own -- _ Agbt in ao&rpc-'tribma it Tba Ibllaarb 8 Votini members watt:punt; elm P. !tom a Ltd,Rielrmd J.8,ren.Riebrrd ht. Vift%aourl,ad Dame!s A>laeao. The D tolbtwiaEwm'""a+tY mmtders�aam ptOW& T}attwis .?ppolho and Mittiad P.L.ipclrto. Ltpae x eierioo by loscplr D.LLCa e,md hP 1Jseldel S.Bra4oe.ate Bonpd votod%GRANT S Vaeiattc+e host Secdaa 1.Paaadeaph 7.!attd7yhic 2 ofdta $ybnr ibr n:lidof?5.t�agrarc real flown We mgWmtn tm sir Lot Aran: UPOR.a madoe by Joseph D.1.Y1312m red 2W by itichaad Nt Vali4m %Wk the Board Wi dto GRANT o ""MW V014MM�licocr Soodoa 7 P,aeftraph 72 ftdTAe 2 aromro"B %wj or teiisi'of I-jo.Pros the Upon a oration by Jcscpd JD-L001610 Wdr by PMW d M.3titiibu= tC to Board 10W to GRAWT a &Moalaral VWk"ce fins Sectio/"7.'pSplpy 73 rod T&b 2"Cit ZOO*W*w(a AW06.2-fmm the it able WIluc t;and Upas a ntoddo by Jom*D.L oOmmi ee ad Ps by Dudd&graese,do Board word m MAW a V•r mf�ham Settle///7.PW4Wh 7 6 and Tdb 7 oaPft 2!wd!B*W lb rmeWoto 23'1 tett m the torr Hoot Area Ratio in orderroomubca i a prapope nem t�sif rtorare mtitaltame per: SitaM Mqb timet 1 G8h5 Site PlatTide: Prapairid Devrlaptnewt Plait.Mt6r.SOC/.Nohb Ardovet:MA.Assetssori M 8,2Lai 14,pwpand hr Rant'Lot,1.t.0 24 lifts/S"m Nom Andover. WieA iod Dstcar Novadw25, revtaed 1 x 1-oir Larviid LAW Servem: 04W 1Vata im%1600 Sbnec Ni Sesta %m&A dw& UA 6'1845 oft.Jile#'I362�-t2-0Aa1S . . Page!of 3 ' .".' ..LTi ...:. 16DD Osgood 9tc4ek B Wdiog 20.8rite 2-36,N m*Airclovat Mmisah ` . L Phare-978.688-9541 "eats 01d95 . . Floc-978-688-9Sa2 Web-wvvgv 02/09/2010 04:18 9786816628 MSANZI PAGE 04/05 Ek 31521 P9141 #7958 Town of North Andover ZONING BOARD OF AP PEALS Albert P.Mean IIT,Esq.aaeww Eum P.Mck4m,rrw4w"" j�o.z 4014 ct«,t P.W109d M.Volw4 na 14nal k mawim Tltaima�D.IppoJito C*mcl 9.Braac,&q. 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''�� V R`� T r`• ` Wr.►mllr O�IRg011bll Ipp `* �••� .-..rrr.,eeway lr w.i.w. +II ixr.:..:..,ti ._ nwMe / ---- •-Sam i..re. rre / t / •,rrr,r. `� `��' � �''tt.�"•����. aC� .'"wa•u MFP .�R�Mp1R IM •R ,1 t•' •�r.rw .I,�wr...t - ,r'r1�r'11t�lz Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS Albert 11.Manzi 111,Esq,Chaimian Eflen P.McIntyre, T-ice-Chairman V&ORT#1 Richard.Byers,Esq. Clerk, 16 Joseph 1).LaGmsse 0 0 David R.Wcbster 2009 FEB I I p�11-: r Assodate Afembers Thomas D.Ippolito r- Richard M.N7aillancourt Daniel S.Braesc,Fsq. CHU TOWN OF NORTH ANDOVER-ZONING BOARD OF APPEALS CERTIFICATION PURSUANT TO G.L. c.39,SECTION 23D OF PARTICIPATION IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session;cannot be used for missing more than one hearing session.] 1, ulwA 'S (name),hereby certify as follows: 1. 1 am Wmember of said board. 2. 1 missed a hearing session on the matter of which was held on 3. 1 reviewed all the evidence introduced at the hearing session I missed, which included a review of(initial which one(s)are applicable): a. audio recording of the missed hearing session; b. video recording of the missed hearing session; C. a transcript of the missed hearing session. This certification shall become apart of the record of the proceedings in the above matter. Signed this A day of �—i 1200 OAA Received as part of the record of the above matter: Date: 02- By: FEB 10 '1009 BOARD Ofr APPEALS Town of North Andover Town Clerk Time Starnp ZONING BOARD OF"PEALS Albert P.Manzi 111,Esq.Chairman V, Olen P.McIntyre, I"ice-Chairman tkoRTH Richard J.Byers,Esq.Clerk 0 '-T%.a0 Joseph D.LaGrasse 0 FEB i P� David R.Webster tip: c,,, Associate Members - Thomas D.Ippolito co Richard M.Vaillancourt Daniel S.Braese,Esq. TOWN OF NORTH ANDOVER—ZONING BOARD OF APPEALS CERTIFICATION PURSUANT TO G.L.c. 39, SECTION 23D OF PARTICIPATION IN A SESSION OF AN ADJUDICATORY BEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session;cannot be used for missing more than one hearing session.] I, ri 0054m (name),hereby certify as follows: 1 1 am a member of said board. L 6_5 2. 1 missed a hearing session on the matter of ROA to which was held on 3. 1 reviewed all the evidence introduced at the hearing session I missed, which included a review of(initial which one(s)are applicable): a. i A audio recording of the missed hearing session; b• e,t video recording of the missed hearing session; C. a transcript of the missed hearing session. This certification shall become apart of the record of the proceedings in the above matter. Signed this to f11i day of 2009 LT Received as part of the record of the above matter. Date: dj )b ) bq I By: ho, V Position FEB 10 ?009 BOARD ,,'," T' I/FD Town of North Andover o � Office of the Planning Department 9 MAR c l' a �o Community Development and Services Division �9SSqCHU <h 1600 Osgood Street E ,' North Andover,Massachusetts 01845 NOTICE OF DECISION (INSUBSTANTIAL CHANGE) Date of Decision: March 20,2009 Application of: San Lau Realty Trust 109 Main Street,North Andover,MA 01845 Premises Affected: 109-123 Main Street, North Andover, MA 01845, within the General Business Zoning District,Assessors Map 28, Parcel 48. HISTORY AND BACKGROUND On or about January 19, 2007,the Applicant, San Lau Realty Trust filed an Application for Site Plan Review Special Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning Bylaws. On May 1, 2007, the Planning Board unanimously voted to grant the Applicant a Site Plan Review Special Permit for the Premises affected, and proceeded to issue a Special Permit Decision approving the Project. The Site Plan Special Permit Decision was recorded with the Essex North District Registry of Deeds in Book 10802, Page 304, as affected by: (a) a Letter to San Lau Realty Trust, dated August 16, 2007 (which clarified signage as it relates to the portion of the building containing the CVS Pharmacy Store); recorded with said Deeds in Book 10941, Page 348 (the"CVS Signage Determination") (b) a Notice of Decision(Insubstantial Change),dated August 22, 2007(which related to the relocation of the dumpster and modifications to the drive-up facility), issued by the North Andover Town Planner, recorded with said Deeds in Book 10941, Page 345 (the"CVS Drive Up Determination"); and, (c) a Notice of Decision(Insubstantial Change), dated June 25, 2008 (which related signage on the portion of the building unrelated to the CVS Pharmacy Store, as well as landscaping and other enhancements), recorded with said Deeds in Book 11230, Page 291 (the"Additional Signage Determination"). By letter, dated March 17, 2009 (the"Determination Request Letter"),the Applicant (through its legal counsel) requested a determination of insubstantial change with respect to certain proposed adjustments to the approved Site Plans in accordance with the Site Plan Special Permit Decision, as well as Section 8.3 of the North Andover Zoning Bylaws,which authorize the Town Planner to make a determination of whether certain changes to the site plans constitute substantial changes. Specifically, and as outlined in the Determination Request Letter,the proposed plan adjustments are primarily safety-related and are based upon operational experience of the Applicant since the Fall, 2008, and relate to: (1)the adjustment to site access and curbing along the Main Street entrance; (2) improvements to sidewalk,tree plantings, lighting and landscaping along First Street; (3)the installation of a proposed freestanding sign at the Main Street entrance; and, (4)modification on parking lot islands located with the parking lot 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit(Insubstantial Change Decision) June 25,2008 along Main Street, all as shown on a plan entitled"Messina's Shopping Center, Site Improvement Plan," dated January 19, 2007 (Rev. December 31, 2008),prepared by Huntress Associates, Inc. (the "Site Plan"), as well as plan of the proposed freestanding sign entitled "Messina's Shopping Center Renovation Project, Pylon Sign Elevation,"dated December 11, 2008, prepared by H.H. Morant& Co., Inc. ("Sign Plan"). FINDINGS OF FACT Pursuant to my authority as Town Planner pursuant to Section 8.3 of the Zoning Bylaw, I have reviewed the Determination Request Letter with regard to proposed adjustments to be made to the approved Site Plans identified in the above-referenced Site Plan Special Permit Decision and prior determinations, met with the Applicant and its consultants concerning proposed improvements, and undertook a site visit to examine the locations of the proposed improvements. Based upon the foregoing, and after consultation with the Building Commissioner, I have determined that the proposed plan adjustments shown on the plans entitled entitled"Messina's Shopping Center, Site Improvement Plan,"dated January 19, 2007 (Rev. December 31, 2008), prepared by Huntress Associates, Inc. (the "Site Plan"), as well as a plan of the proposed freestanding sign entitled "Messina's Shopping Center Renovation Project, Pylon Sign Elevation," dated December 11, 2008, prepared by H.H. Morant& Co., Inc. ("Sign Plan"). are not substantial changes but are in fact minor, insubstantial changes, subject to the following conditions. CONDITIONS The Town Planner's finding of no substantial change is conditioned on the following: 1. That this Decision is recorded with the Registry of Deeds and evidence of recording is to be provided to the Planning Department; and, 2. Except as modified as described above, the Site Plan Decision, as modified by the CVS Signage Determination, CVS Drive Up Determination and Additional Sign Determination, shall remain in full force and effect. Accordingly, San Lau Realty Trust may proceed with the proposed renovation project in accordance with the Site Plans referenced in the Special Permit Decision, as modified by the decisions and related plans referenced herein. Town of North Andover Planning Department By: / lith M. Tymo own Planner Dated: March 20, 2009 2 01/05/2009 16:52 FAX 9787942088 LAW OFFICES 10001/001 Jan 05 09 04:48p NORTH RNDOYER 9786069542 P. 2 Town of North Andover n ZONING BOARD OF APPEALS lix-ft I M 211YA IIT.I 1-Man 11.mclntyw,77"4'"nwim Kidwd 1.f�,Cm VAq.clork 2139 JAN -6 All I 1 0 14weph 1).]MC.T410V Ridwr%l M.Vailiancourt t1itskA S.Ruere.V.%+ be- Date #7 W 14&& Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time cw8ftaints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit Comprobeasive Permit(40B) Finding for property located at: STREET: 24 Main Street MAP: 28 PARCEL: 14 TOWN: North Andover M"1§4§ TO MEETING DATE(S): Jana Ny 13,2009 NAME OF PETITION ca Lot. LLC 1 SIGNED: Petitioner ct pctiti=cm,�or 's z antative) 16(m)o-qgnod st..13uilding-va-Suite 2-36.North Andover,MA 01 M45 Mne-979-698-9541 Fox-978-"S-"42 Wvb-www.tQw11*f"rd"d0VCr.VA)M Town of North Andover ZONING BOARD OF APPEALS _Albert P. Manzi 111,Esq.Chairman , Ellen P.McIntyre, 1%ire-Chairman � .40RTk Richard 1.Byers 7 Isq.Clerk 20��`t+�a �bwbq•� a t Joseph D n LaUrasse p - p, Cil -2 Pi$ ' v 4 Richard IM.Vailiancourt t Associate iVfembers it Thomas D.Ippolito Daniel S.Braese,Fsq. siy '+cargel•P¢4`� � � s t Michael P.I.,iporto AC us tI� frC-lerl `Fm�S�a+mp Date January 13, 2009 Town of North Andover Zoning Board of Appeals 1600 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 make a decision regarding the granting of a a ance Special Permit Comprehensive Permit (40B) Finding for property located at: STREET: 24 Main Street MAP: 28 PARCEL: 14 TOWN: North Andover MA 01845 TO MEETING DATE(S): February 10, 2009 NAME OF PETITIONE : Rear LoL LLC SIGNED: /V/ jee Petitioner or petitioner's r esentative) 1600 Osgood St. Building 20-Suite 2-36 North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnortbandover.com Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi 111,Esq.CI)avmar Ellen R Nlclntvre, 1,7re-Chaitmwi Richard J.Byer",Esq.Clerk pf ttORTIt 2003 FES 17 P N1 3- 3 06 Joseph D.LaGrasse 0 Richard M.Vaillmicourt Assodate Members Thomas D.Ippolito 0 0 fl,4 A ,1 Daniel S.Braese,Esq. tri lvlichael P.Liporto Town Clerk Time Stamp Any appeal shall be filed within Notice of Decision (20)day=s aller the date of filing Year 2009 of this notice in the office of the Town Clerk,per Mass.Gen. L.ch. 0A,§17 Property at. 24 Main Street NAME: Rear Lot LLC HEARING(S). December 9,208,January 13,& February 10,2009 ADDRESS: 24 Main Street PETITION: 2008-014 North Andover,MA 01845 TYPING DATE: February 13,2009 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor weding room, 120 Main Street,North Andover,MA on Tuesday,February 10,2009 at 7:30 PM upon the application of Rear Lot LLC,24 Main Street(Map 28,Parcel 14).North Andover,MA requesting dimensional Variances from Section 7,Paragraph(s)7.1,T2,7.3,&7-6 and Table 2 ofthe Zoning Bylaw for relief of lot area, street frontage,side setback,and floor area ratio in order to construct anew commercial structure on a pre-existing, non-conforming lot. Said prernise,affected is property with frontage on the East side of Main Street within the 1-S zoning district. Legal notices were scat to all names an the abutter's list and were published in the Figle-Tribune,a newspaper of general circulation in the Town of North Andover,an November 24&December 1.2008. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers.Richard M. Vaillancourt., ,uW Daniel S.Braese. The following non voting members were present: Thomas D. Ippolito and Michael P.Liporto. Upon a motion by Joseph D.La-Grasse and Vt by Daniel S.Braese,the Board voted to GRANT dimensional Variance from Section 7.Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief of 25.088 square feet from the requirements for Lot Area: Upon a motion by Joseph D.LaGrasse and 2°`r by Richard M,Vaillancourt,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.2 and Table 2 of the Zoning Bylaw for relief of 150'from the requirements for Street Frontage'. Upon a motion by Joseph D.LaGrasse and 2'd by Riclwd M.Vailtancourt,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 6,2'from the left side setback:and Upon a motion by Joseph D.LaGrasse and 2'4 by Daniel S.Braese,the Board voted to GRANT a dimensional Variance from Section I Paragraph 7.6 and Table 2 of the Zoning Bylaw for relief of 0.23:1 from the requirements for Floor Area Ratio in order to construct a proposed=v self-storage warthouse per: Site: 7.4 Main Street(Map 29,Parcel 14),North Andover,MA 10845 Site Plan—Title: Proposed Development Plan,Main Strom North Andover,MA.Assessors Map 28,Lot 14,prepared fbr Rear Lot,LLC,24 Main Street,North Andover, MA Date(&Revised Dates): November 25,2008,revised 12-09-08, 1-08-09 Registered Professional David Alves,#45454,New England Engineering Services,Inc..1600 Osgood Land Surveyor: Street,Building 20,Suite 2-64,North Andover,MA 01845 Shect/Drawing: Sheet#1 of 1,file#1562-12-09-08 Page I of 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman Ellen P.Mclntvre. L ice-Chairvara Richard J.Bvers,Esq.Clerk, o� NORrH qti fit,lD 6 Joseph D.I aGrasse �? ,� ».•a ooL Richard M.Vaillancourt 0 p Assodate Ilembers �0 Thomas D.1ppolito At "0 Daniel S.Braese,Esq. °'o Michael P.Liporto 1SSACNUSEt Town Clerk Time Stamp With the following conditions: 1. Variance 20084014 shall be contingent on a Planning Board Site Plan Review Special Permit with the accompanying signed Site Plan,and the Conservation Commission Order of Conditions with the accompanying signed Site Plan being granted to Rear Lot,LLC for Map 28,Parcel 14 and copies of the decisions and Site Plans being filed with the Zoning Board of Appeals. 2. The final Site Plan as revised to incorporate the Planning Board Site Plana Review's!snow storage, landscaping,fencing,lighting,buffering,etc,shall be submitted to the Zoning Board of Appeals file before a building permit may be issued in order to protect the health,safety,convenience and general welfare of the inhabitants of the Towns by providing for a review of plans for uses and structures which may have significant impacts,both within the site and is relation to adjacent properties and streets;on pedestrian and vehicular traffic. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Richard M.Vaillancowt.and Daniel S. Braese. The Board rinds that owing to circumstances relating to the shape and topography of the land, especially affecting this Nkap 28,Parcel 14.but not affecting generally the Industrial S zoning district in which it is located,a literal enforcement of(tic provisions of Section 7,Paragraphs 7.1,7.2,7.3,and 7.6&Table 2 and Section 10,Paragraph 10-1 would involve substantial hardship, financial or otherwise,to the petitioner. The Board finds that approximately half of the land lies within the 100'Buffer Zone from Sutton Pond, The Board funds that three abutters.Downer Brothers Landscaping,Inc.,855 Realty Trust,and Tripaorth Realty.LLC wrote lettersofsupport. While photographic and spoken opposition from the residential abutters was presented to the Board,the Board finds that the abutter concerns for increased traffic and big box appearance of the proposed self-storage warehouse may be addressed with appropriate hours of operation,structural design,and landscape buffering Tice Board finds that the .applicant.reduced the height of the proposed self-storage warehouse from 45",the maximum I-S height being 55'.to 35'as stated on the revised 1-08-09 Development Plan. The Board funds that the applicant's engineer,.Benjamin Osgood,Ir.'s letter of February 3.200%addresses Board and residential abutter concerns about fire truck turning radii,mini warehouse traffic volume,and mini warehouse fapde choices. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially dcrogating front the intent or purpose of the North Andover Bylaw. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expcusc. 2.The granting of the Variance and/or Special Permit as requested by the applicant docs not necessarily ensure Hie 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 inspector of Buildings. Page of 3 1600 Osgood Street,Buihling 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS ,Albert l'.Manzi.III,Esq.Chairman Ellen P.,McIntyre, bice-Chairman Richard J.Byers,Esq.Clerk cf NORrh t�eo y �r Joseph D.LaGrasse Richard M.Vaillancourt 'A Assori te11em&ers Thonxas D.Ippolito y�. Daniel S.Braese,Esq. tom'owArea Michael P.Liporto 9SSACHUS�� Town Clerk Time Stamp Furthermore,if the rights authorized by the Variance arenot exercised within one(1)year of the date of the grant, it shall lapse,mid may be re-established only after notice,and a new hearing. Flarthermore,if a Special Permit grunted under the provisions contained hereni Mall 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 It Commmced,it shall Iapse. and may be re-established only after notice,and a new items North Andover Zoning Board of Appiffils Ellen P.McIntyre, Vire Chainnair Richard J.Byers,Esq.,C7eA- Joseph D.LaGrasse Richard M.Vailtancourt Asedate Membem Daniel S.Brame,Esq. Decision 2008-014. MUPt4. Page 3 of 3 1600 Osgood Street,Building 20 Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax 978-688-9542 Web-www.townofnordmdover.com Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS ,7 r Albert P.Manzi 111,Esq.Chairman x, r Ellen P.Mclntvre, Vice-Chairman of ~°oTH A,� Richard J.Byers,Esq.Clerk 3? e6`•.� 3* ,*:" Joseph JosephDLaGrasse ti a �` Richard M.Vaillancourt +' Associate Afembers Thomas D.1ppolito ��s *•o��'� t 1 ; Daniel S.Braese,Esq. SA HU „ . 01,11 Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 0 of December, 2008 at 7:30 PM to all parties interested in the application of Rear Lot LLC,24 Main Street(Map 28,Parcel 14),North Andover,MA requesting dimensional Variances from Section 7, Paragraph(s)7.1, 7.2, 7.3,& 7.6 and Table 2 of the Zoning Bylaw for relief of lot area, street frontage, side setback, and floor area ratio in order to construct a new commercial structure on a pre-existing,non-conforming lot. Said premise affected is property with frontage on the East side of Main Street within the I-S zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover,MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle-Tribune on November 24&December 1, 2008. o i Legaln t ce 2008-014 M28P 14. 1600 Osgood Strcct,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com } Town of North Andover Town Clerk Time Stamp ZONING BOARD''°OF APPEALS17- 1 F Albert P.Manzi 111,Esq.Chairman Ellen P.McIntyre; Vice-Chairman E KORTN O`t-fuso Richard J.Byers,Esq.Clerk ? •..:+ o y ,� t.n Joseph D.LaCrrasse q a° p 13 1 f 1 Richard M.Vaillmicourt Associate Hernber.e Thomas D.Ippollt0 Daniel S.Braese,Esq. �s�eNus ,Eq Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street,North Andover,MA on Tuesday the 9`s of December, 2008 at 7:30 PM to all parties interested in the application of Rear Lot LLC,24 Main Street(Map 28,Parcel 14),North Andover,MA requesting dimensional Variances from Section 7,Paragraph(s) 7.1, 7.2, 7.3,& 7.6 and Table 2 of the Zoning Bylaw for relief of lot area, street frontage, side setback, and floor area ratio in order to construct a new commercial structure on a pre-existing, non-conforming lot. Said premise affected is property with frontage on the East side of Main Street within the I-S zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Vice Chairman Published in the Eagle-Tribune on November 24&December 1, 2008. Legalnotice 2008-014. M28P 14. 1600 Osgood Street,:wilding 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townornorthandover.com NoRry Zoning Bylaw Review Form °E�*``" •q" Town Of North Andover Fr Building Department 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA. 01845 �'SSAc►+usEt`�y Phone 978-688-9545 Fax 978-688-9542 Street: 24 Main Street Ma /Lot: 28/14 Applicant: Rear Lot LLC Request: Construct new commercial building Date: 11-13-08 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: I-S Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting 2 Frontage Complies 3 1 Lot Area Complies 3 1 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 1 Complies 4 Special Permit Required X 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 1 Complies X 3 Left Side Insufficient X 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum X 7 Insufficient Information 2 1 Coverage Complies D Watershed 3 Coverage Preexisting 1 1 Not in Watershed 4 Insufficient Information 2 In Watershed j Sign NA 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 2 Parking Complies X 3 Insufficient Information Remedyfor the above is checked below. Item# Special Permits Planning Board item# Variance B-4 Site Plan Review Special Permit C-3 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit A-1 Lot Area Variance B-4 Common Driveway Special Permit F-1 Street Frontage Variance Congregate Housing Special Permit 1-1 Floor Area Ratio Variance Continuing are Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA , Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 NU Unit R-6 Density Special Permit Special Permit Pre-existing, Non- Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at thedis tion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto a incorporated herein byLnr ' The building department will retain all plans and documentation for the above fid: ou must file a new buil application form and begin the permitting process. ,�... f 6 Building Department Officia ,gna re Applicatio ec ived Application Denied Denial Sent: If Faxed I Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: �iiii 111' � � wa A-1, C-3, Dimensional Variance from Section 7, Paragraphs 7.1 (Lot Area),7.2(Street F-1 & 1-1 Frontage) 7.3 (Yard Setback), and 7.6 (Floor Area Ratio) of the Zoning Bylaw are required from the Zoning Pp Board of Appeals in order to construct the proposed commercial structure. B-4 A Site Plan Special Permit from Section 8 Paragraph 8.3 is required from the P Planning Board for projects: 8.3. 2. a) i) "Any new building(s) or construction which contains more than two thousand(2,000) square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five (5) or more new or additional parking spaces...." B-4 A Common Driveway Special Permit is required from the Planning Board in order to access the proposed new commercial structure. Also,permissions from the Conservation Commission may be required for the proposed new commercial structure's corner within the 100' Buffer Zone and the parking lot portion within the 50' No build Zone. Referred To: Fire Health Police X Zoning Board of Appeals X Conservation De artment of Public Works X Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 NEw ENGiANDENGiNEEPiNG SERvias, 1INC. 1600 Osgood Street Building 20 Suite 2-64 North Andover, MA 01845 Ibl: (978) 686-1768 • Fax: (978) 327-6138 wwwneengineeringinc.com November 13,2008 North Andover Board of Appeals 1600 Osgood Street North Andover,MA 01845 Re: 26 Main Street,North Andover Variance application Dear Mr. Chairman: Please accept this letter as a memorandum in support of the request for a variance for the above referenced property. The particular supporting information as required by the application is outlined below. A. The particular use proposed for the land or structure. The proposed use of the proposed structure is a combination self storage building with some office or retail on the first level. B. The circumstances relating to soil....which do not affect generally the zoning district in which the property is located. The lot is smaller than required and does not have any frontage as the lot was created prior to the existence of zoning bylaws. The lot borders an abandoned railroad right of way on the North side which is where the setback variance has been requested. Ownership of the old railroad right of way will revert back to the owner of this abutting property since its use has been abandoned which will eventually make the setback variance obsolete.. C.Facts which make up the substantial hardship,financial or otherwise,which would result from literal enforcement of the applicable zoning restrictions with respect to the land or the buildings for which the variance is sought. It would be a hardship to the owner to be required to continue the use of the property as a contractor yard. The site is underutilized and the existing structures are old and in need of major repair. Requiring the parcel to find frontage and proper area would render the parcel unusable. •r. D. Facts relied upon to support a finding that relief sought will be desired and without substantial detriment to the public good. The property is zoned IS which allows some of the most detrimental uses in regards to the effects on abutting parcels of land. By using the parcel for self storage there will be very little noise,pollution, or other detrimental effects to the existing neighborhood. Development of the property will be in harmony with the master plan goal of boosting property use to help stimulate the development of the lower main street area. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the ordinance. The intent of the Zoning Bylaw is to protect the inhabitants of the town of North Andover. Issuance of this variance will not be detrimental to the inhabitants of North Andover. The property as it exists is used as a contractor yard. Converting the use to a self storage facility will replace a potentially dirty, noisy operation with a relatively benign use.. F.Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, 5 �� Benj am n C. Osgood, Jr., .E. President Bk 11232 Pg 294 #17107 4 RETURN To: Albert P.Manzi III,Esquire 24 Main Street j North Andover,MA 01845 QUITCLAIM DEED (CONTAINING A USE RESTRICTION&EASEMENTS) Sutton Redevelopment, LLC, 24 Main Street North Andover Massachusetts,a duly organized Massachusetts Limited Liability Company("Grantor"}in consideration of value received grants to Rear Lot,LLC,24 Main Street North Andover,MA a duly organized Massachusetts Limited Liability Company("Grantee") with QUITCLAIM COVENANTS the land with any improvements and or buildings located thereon herein identified as: 0 Main Street North Andover MA known as PARCEL III: Rear of 22-24 and 28-30 Main Street being a portion of the land conveyed to Sutton Redevelopment,LLC by Anthony S. Conte, Sr. described and identified as PARCEL III: Rear of 22-24 and 28-30 Main Street,North Andover MA dated July 13,2001 and recorded at the Essex North Registry of Deeds Book 6249 Page 218 and further identified in part on Plan 15118 recorded at the Essex North Registry of Deeds as"ANR Subdivision Plan 22-24,28-30 Main Street in North Andover,MA"by Marchiondia&Associates,L.P. dated July 7,2005 N/F Sutton Redevelopment,LLC Book 6249 Page 218; Being the same property identified within"Confirmatory Partial Release of Mortgage and Collateral Assignment of Leases and Rents"dated December 4,2007 and recorded within Book 10990 Page 36 at the Essex North Registry of Deeds. Together with and subject to any EASMENTS and or USE RESTRICTIONS of record and subject to the following EASMENTS and or USE RESTRICTIONS more particularly described as: ` A. ACCESS EASEMENTS: ACCESS EASEMENT 1: The Grantor reserves to the Grantee the perpetual easement right to pass and repass for the purpose of ingress and egress, transmission of gas,electricity,telephone,cable,intelligence,water and sewer service on,through, and under parcel 12A as identified on Plan 15118 recorded at the Essex North Registry of Deeds being an"ANR Subdivision Plan 22-24,28-30 Main Street in North Andover,MA"by Marchiondia& Associates,L.P. dated July 7,2005 by way of an 11' (Eleven foot)easement in width running east to west along the easterly and westerly perimeter of the property approximately 120 feet more or less on each side; and by way of an 40 foot(Forty foot)easement in width running north and south staring at the rear southerly comer abutting PARCEL III and running northerly more or less at the rear of the property and terminating at the northerly corner abutting 1 of 6 Bk 11232 Pg 295 #17107 PARCEL III,and being for the purpose and benefit of accessing PARCEL III Rear of 22-24 and 28-30 Main Street North Andover,MA as described in Book 6249 Page 219 as identified in part on"ANR Subdivision Plan 22-24, 28-30 Main Street in North Andover,MA"by Marchiondia&Associates, L.P.dated July 7,2005;provided that use ACCESS EASEMENT 1 does not unreasonably obstruct said private way of Grantor with respect to its interest fee. ACCESS EASEMENT 2: The Grantor reserves to the Grantee the perpetual easement right to pass and repass for the purpose of ingress and egress, transmission of gas, electricity,telephone,cable,intelligence,water and sewer service on,over,through,and under parcel 13A as identified on Plan 15118 recorded-at the Essex North Registry of Deeds being an"ANR Subdivision Plan 22-24,28-30 Main Street in North Andover,MA"by Marchiondia& Associates,L.P. dated July 7,2005 by way of an 11' (Eleven foot)easement in width for the purpose and benefit of accessing PARCEL III Rear of 22-24 and 28-30 Main Street North Andover,MA as described in Book 6249 Page 219 as identified in part on"ANR Subdivision Plan 22-24,28-30 Main Street in North Andover,MA'by Marchiondia&Associates, L.P. dated July 7, 2005; ACCESS EASEMENT 2 Being the same Easement reserved to the Grantor recorded at the Essex North Registry of Deeds dated.August 31,2005 Book 9738 Page 94 together with all rights and privileges reserved to the Grantor therein; Said ACCESS EASEMENT 1 shall include but are not limited to ingress/egress by pedestrians,automobiles,trucks,bikes,motorcycles, motorized bicycles,etc. as identified within the first paragraph of ACCESS EASEMENT 1 and also: provided that transmission of gas,electricity,telephone,cable,intelligence, water and sewer service do not unreasonably obstruct said private way of Grantor,and,provided further,that such placement, installation,or construction is done in accordance with regulations,plans and practices of the utility company which is to provide the gas,electricity, cable,intelligence,or telephone service, and the appropriate cities,towns,districts,or water companies which provide the water service. Said agencies,which provide such service, shall comply with the rules and regulations of the division of water supply and the department of telecommunications and energy.Any such owner or owners shall grant permission to a public utility company or water company to enter upon said way or other private ways to plaice,install,repair, or relocate pipes,conduits,manholes,and other necessary appurtenances for the transmission ofg as,electricity, cable,intelligence,telephone or water service in accordance with such company or companies regulations,practices and tariffs filed with the department of telecommunications and energy or the division of water supply; char 1 provided,however,that no a or added g 2 of 6 Bk 11232 Pg 296 #17107 assessment shall be levied by such public utility company or companies against any such owner or owners not connected to such service or services. Neither the person installing or repairing public utility facilities,nor such facilities,nor the gas,electricity,telephone or water service transmitted shall be deemed to constitute a trespass upon said way or ways. B. DRAINAGE AND UTILITIY:Utilizing the ACCESS EASEMENTS as described in paragraph A of this Deed the Grantor reserves the perpetual rights and easements to the Grantee to construct,repair remove,replace operate and forever maintain(1) a sanitary sewer or sewers with any manholes,pipes, conduits, and other appurtenances,(2)pipes,conduits and their appurtenances for the conveyance of water,and(3)a covered surface and ground water drain or drains with any manholes,pipes,conduits and their appurtenances,and do all other acts incidental to the foregoing,including the right to pass along and the land for the aforesaid purposes,in,over,through and under the whole of lot 12A for the benefit of PARCEL III Rear of 22-24 and 28-30 Main Street North Andover,MA respectively as described in paragraph A—ACCESS EASEMENTS of this Deed,the plan areas are incorporated by reference. The perpetual rights and easements to construct,inspect,repair remove,replace, operate,and forever maintain covered surface and ground water drain or drains with any manholes,pipes,conduits,and their appurtenances for the management of storm water runoff along with water mains,if any,in the area designated in paragraph A-ACCESS EASEMENTS for the benefit of PARCEL III Rear of 22- 24 and 28-30 Main Street North Andover,MA. C. UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM: The Grantor reserves to the Grantee the perpetual right and easement to lay,install,construct, reconstruct,repair,replace,remove,add to,maintain and operate for the transmission of high and low voltage electric current and for the transmission of intelligence,and"UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM" consisting of lines of buried wires and cables and lines of wires and cables installed in underground conduits,together with equipment and appurtenances thereto for the transmission of intelligence for the furnishing of electric service to the herein described premises and others,and without limiting the generality of the forgoing,but specifically including the following equipment,namely: manholes,manhole openings,hand holes,junction boxes,transformers, transformer vaults,padmounts,padmount transformers and all housings, connectors, switches, conduits,cables and wires all located within the easement area hereinafter described in paragraph A—ACCESS EASEMENTS for the benefit of PARCEL III Rear of 22-24 and 28-30 Main Street North Andover,MA. 3 of 6 Bk 11232 Pg 297 #17107 D. TELEPHONE/CABLE AND COMMUNICATIONS SYSTEM: The Grantor reserves to the Grantee the perpetual right and easement to lay,install,construct, reconstruct,operate,maintain,add to,replace and remove CABLE WIRES AND E. LINES as part of TELEPHONE/CABLE AND COMMUNICATIONS SYSTEM for the transmission of intelligence and telecommunications upon,over,under and across the easement area described in paragraph A—ACCESS EASEMENTS for the benefit of PARCEL III Rear of 22-24 and 28-30 Main Street North Andover, MA. The above rights being more particularly described as the perpetual right within said private ways to lay,construct,reconstruct,operate,maintain,replace,and remove UNDERGROUND CABLES,pipes,conduits,manholes,and such surface testing terminals,pedestals,repeaters,markers, and other appurtenances with wires and/or cables therein as the Grantor may from time to time desire within the easement described in paragraph A--ACCESS EASEMENTS for the benefit of PARCEL III Rear of 22-24 and 28-30 Main Street North Andover,MA. F. TRANSMISSION OF GAS:Utilizing the ACCESS EASEMENTS as described in paragraph A of this Deed the Grantor reserves to the Grantee the perpetual rights and easements to construct and reconstruct,repair remove,replace operate and forever maintain(1) a TRANSMISSION OF GAS system with any manholes, pipes,conduits,and other appurtenances, (2)pipes,conduits and their appurtenances for the conveyance and transmission of Gas natural or otherwise, and(3)a covered surface with any manholes,pipes,conduits and their appurtenances,and do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purposes,in,through and under the whole of lot 12A as described in paragraph A—ACCESS EASEMENTS of this Deed for the benefit of Lot PARCEL III Rear of 22-24 and 28-30 Main Street North Andover,MA respectively,the plan areas are incorporated by reference. G. RECIPROCAL EASEMENTS: The Grantor reserves to itself,its successors and assigns, Reciprocal Easements for the benefit of lot 12A that have herein been identified as ACCESS EASEMENTS in the above sated.paragraphs A-F for the Grantee. H. PARKING 1: The Grantor reserves to the Grantee,its successors and assigns, the perpetual use easement for the purpose of using on an as needed and non exclusive basis the parking spaces that exists on lot 12A as depicted on"ANR Subdivision Plan 22-24,28-30 Main Street in North Andover,MA'by Marchiondia&Associates,L.P.dated July 7,2005 22-24 Main Street North Andover MA known as parcel 12A as identified on Plan 15118 recorded at the Essex North Registry of Deeds being an ANR Subdivision Plan by Marchiondia &Associates,L.P. dated July 7 2005,plus any other or additional parking spaces which may exist now or at a future date on or within lot 12A for the benefit of 4 of 6 Bk 11232 Pg 298 #17107 I. PARCEL III: Rear of 22-24 and 28-30 Main Street; This parking easement shall be restricted to and include the Grantee and its clients,the Grantee's tenants and or their clients all of whom are conducting business at and or residing at PARCEL III: Rear of 22-24 and 28-30 Main Street North Andover. The Grantor shall be prohibited from assigning and or leasing individual parking spaces without the express written consent of the Grantee;Said parking easement shall not unreasonably obstruct said private way of Grantor. J. PARKING 2: The Grantor reserves to itself,its successors and or assigns,the perpetual use easement for the purpose of using on an as needed and non exclusive basis the parking spaces that exists on lot PARCEL III: Rear of 22-24 and 28-30 Main Street either existing or as depicted on a future plan,plus any additional parking spaces which may exist now or at a future date on or within lot PARCEL III: Rear of 22-24 and 28-30 Main Street for the benefit of lot 12A; This parking easement shall be restricted to and include the Grantor and its clients,the Grantor's tenants and or their clients,all of whom are conducting business at and or residing at lot 12A. The Grantee shall be prohibited from assigning and or leasing individual parking spaces without the express written consent of the Grantor; Said parking easement shall not unreasonably obstruct said private way of Grantee. Together with and subject to the USE RESTRICTION of record dated July 11,2001 BOOK 6249 Page 219 being a portion of the property conveyed from Anthony S. Conte, Sr. to Sutton Redevelopment,LLC. EXECUTED as a sealed instrument this a7 day of June,2008 Sutton Redevelopment,LLC ert P. Manzi III.,Manager I 5 of 6 Bk 11232 Pg 299 #17107 COMMONWEALTH OF MASSACHUSETTS County of Essex,ss On this a-?day of June 2008,before me,the undersigned notary public,personally appeared Albert P. Manzi III,&Albert P. Manzi Jr.,and proved to me through satisfactory evidence of identification,which was a driver's license,to be the person whose name is signed on the preceding or attached document,and acknowledged to me esigne i tary, for its stated purpose. otary Public Common assachusetts My Commission Expires: DAVID K FEENEY Notary Public § COMMONWEALTH OF MASSACHUSETTS R My CDmrt1ISSIon Expires July 12. 2013 2 6 of 6 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) I� 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 Pronerty: MAP PARCEL Name Address 28 14 Rear Lot,LLC 24 Main Street,North Andover,MA 01845 Abutters Properties Man Parcel Name Address 28 21 Dizzy Bridge Realty Trust 31 Moody Street,North Andover MA 01845 28 18 Real Property Advisory 231 Sutton Street,North Andover MA 01845 28 12 Sutton Redevelopment 24 Main Street,North Andover MA 01845 28 13 Break Away Realty Trust 181 Kara Drive,North Andover MA 01845 28 8 Tripnorth Realty,LLC 16 Main Street,North Andover MA 01845 28 24 Leontina Silva 11 Main Street,North Andover MA 01845 28 16&17 Carlson Realty Trust 39 Main Street,North Andover MA 01845 28 15 Christopher Downer 21 Main Street,North Andover MA 01845 28 9 David Trombly 141 Sutton Street,North Andover MA 01845 28 7 Sutton Street Realty Trust —109=123 Main Street#E2,North Andover MA 01845 28 9 David Trombly 281 Middlesex Street,North Andover MA 01845 28 10 Barry Finegold 38 Essex Street,Andover MA 01810 28 11 Trombly Realty Corporation 141 Sutton Street,North Andover MA 01845 17 12 Christopher Downer 23 Main Street,North Andover MA 01845 17 23 `aaron Tuttle 133 Greene Street,North Andover MA 01845 29 4 Vasiliy Molla 24Saunders Street,North Andover MA 01845 29 2&3 Dam Phu 16 Saunders Street,North Andover MA 01845 29 1 855 Realty Trust 91 Quail Run Lane,North Andover MA 01845 29 53 Joseph Abdulnour 54 Main Street,North Andover MA 01845 29 5 /Philip Wentworth 32 Saunders Street,North Andover MA 01845 29 15 Eugene Willis 76 Boston Hill Road,North Andover MA 01845 29 19 J.A.M realty Trust 15 Glen Avenue,Methuen,MA 01844 29 22 Lee Briggs 11 Saunders Street,North Andover MA 01845 29 21 Spelios Rally 329 South Main Street,Bradford,MA 01835 29 16 Dorothy Taylor 29 Saunders Street,North Andover MA 01845 29 17 John Tucci 31.33 Saunders Street,North Andover MA 01845 29 18 Ehteram Vakili 6301 Glade Avenue,Woodlane Hill,CA 91367 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 20-1 Tara Keefe 1 Ellis Court,North Andover,MA 01845 29 20-2 Samatha Morris 2 Ellis Court,North Andover,MA 01845 29 20-3 Amanda George 3 Ellis Court,North Andover,MA 01845 29 20-4-5-6-7 David Keefe 4 Ellis Court,North Andover,MA 01845 40 3&12 Clean Harbors 3/4,PO Box 92108,Austin,TX 78709 39 22 Clean Harbors PO Box 92108,Austin,TX 78709 This certifies that the names appearing On the records of tas of he Asses Certified b �at .� ,11 L ,111, PARKING CALCULATION ZONING \y�J� 1. ZONING REQUIREMENT 1. THIS PROPERTY IS LOCATED IN THE IS ZONING DISTRICTS. \I1 REQUIRED PROVIDED 2. ZONING REQUIREMENT FLOOD 3,250 RETAIL 12 12 REQUIRED PROVIDED ,111, ELEV.50. / / ,1�� O`er 0' V 19,500 WAREHOUSE 14 14 FRONT SETBACK 30' 40' y� LT SIDE SETBACK 20' 4.1' RT SIDE SETBACK 20' 25' III, /I �O REAR SETBACK 30' 100.29 / I I FRONTAGE 150 0 AREA 50,000 S.F. 24,912 S.F. SUTTON ��`' HEIGHT 55' 0. O {� / / I 1 I �� FLOOR AREA RATIO 35% 30% POND � �� 1 PROPOSED ti0LANDSCAPE 4q- LOT COVERAGE 35°k 30� � SCREENING �4( FOR REGISTRY USE ONLY '11- w � � � • 24 MAIN STREET, REAR NOTES ASSESSORS MAP 28, LOT 14 1. PLAN ENTITLED"ANR SUBDIVISION PLAN,22-24,28-30 MAIN STREET IN NORTH � b / / \ 24,912 S.F.± ANDOVER,MA.,PREPARED FOR SUTTON REDEVELOPMENT,LLC,28-30 MAIN3,1 REET, o 0 Q' N� NORTH ANDOVER,MA., PREPARED BY MARCHIONDA&ASSOCIATES,L.P.,DATE:7-7-05, REAR LOT, LLC \ 2. PLAN ENTITLED 'RIGHT-OF-WAY AND TRACK MAP, BOSTON AND MAINE R.R., OPERATED BY THE BOSTON AND MAINE R.R.,STATION 1010+0 TO STATION 1040+38.05, PREPARED BY VALUATION ENGINEER, BOSTON,MASS.,DATE:6-30-1914, / \ N� SCALE: 1"=100', MOLLA 3. ELEVATIONS REFER TO 1929 USGS DATUM 4. DEED REFERENCE:BK. 11232,PG.294, ESSEX NORTH REGISTRY OF DEEDS. N/F �1, j DIZZY BRIDGE REALTY TRUST SURVEYORS CERTIFICATION S20030'08"W 20.6' , \ sd,, 1 CERTIFY THAT THIS PLAN WAS PREPARED IN CONFORMANCE WITH THE RULES & REGULATIONS OF THE REGISTER OF DEEDS. 1 N/F MILLER I; A OF M�Sst PROPOSED j0• pa qcy 19,500 SF o� DAVID Gia \ SELF STORAGE L� BUILDING oo ALVE$ #45454 PROPOSED FORMER BOSTON AND MAINE I \ I A I i RAILROAD PROPERTY TO BE CONVEYED TO FESS� \ REAR LOT,LLC 9,785 SF.t I ` PROFESSIONAL LAND SURVEYOR tDATE N/F MILLER N/F ���\/�\�\\ NORTH ANDOVER BOARD OF APPEALS BOSTON AND MAINE \\�\�\�ll RAILROAD /,DIRT PIL 3.250 SF FIRST FLOOR --- — - //\/\ RETAIL APPROXIMATE LOCATION OF \/ \\� (p.ABANDONED RAIL ROAD LINE ` �//\/ \ AS PER VALUATION MAP V2M/25A AREA=13,992 SFt \ \p�`� : \ N15057'10"E 13.30' � I . S87°16071 11 E 18.73' ` 5 ACCESS EASEMENTS 1&2-11' WIDE N/F DATE 855 REALTY TRUST R11AL�'Y TRUST LEGEND �A PROPOSED PROPERTY TO BE CONVEYED \ EXISTING GRADE TO TRIPNORTH REALTY, LLC 4,207 SF.t \ el ^A2 WETLANDS LINE TTQ 25' NO DISTURB ZONE - �. EXISTING �o JI RE EVL. BUILDING \ - v��` LC d,�o .: 50 NO BUILD ZONE PROPOSED PROPERLY \ v; #28-30 DIVISION LINE10 �, \ 100' BUFFER ZONE EROSION CONTROL - - - - - - - - - - - - - - - FENCE o o 0 0-- s"'s 20' 0 20' 40' 60' O. EXISTING �Q NIF rTh BUILDING TRIPNORTH422-24 REALTY, LLC " PROPOS ED DEVELOPMENT PLAN O � � MAIN STREET, NORTH ANDOVER, AVIA o LOCUS MAP NOT TO SCALE ASSESSORS MAP 28, LOT 14 PREPARED FOR REAR LOT,LLC 24 MAIN STREET so ° SITE NORTH ANDOVER,MA cp, �o�5t SCALE: 1" = 20' AUGUST 20 2008 EXISTING s� BUILDING SPEND REVISED NEW ENGLAND ENGINEERING SERVICES, INC. Ll !3 0 z 1 8 1600 OSGOOD STREET 04BUILDING 20, SL'?TE 2-64 y�AY ST SAUNDERS ST NORTH ANDOVER, MA 01845 (978) 686-1768 Q oo�'� Y0 s MORTON ST DRAWN BY: SHEET#: CHECKED BY: C.P.H. l of l B.C.O. Jr. FILE#: DESIGN BY: �� 1562-WC B.C.O. Jr.