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ZONING BOARD OF APPEALS 11 �i �$t,
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Community Development Division
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 14th of November, 2006 at 7:30 PM to all parties interested in the
application of GFM General Contracting Corp., 325 North Main Street, No. 15B,
Middleton, MA 01949, for premises at: Turnpike Street(Map 106.1), Parcel 46),North
Andover requesting a dimensional Variance from Section 7, Table 2,Footnote 2, and
Section 10, Paragraph 10.4 of the Zoning Bylaw for relief from the requirements of Table
2's Footnote 2 for a 50' buffer zone between residential&commercial properties in order
to construct a retail/office building.
Said premises affected is property with frontage on the Northeast side of Turnpike Street
within the G B zoning district.
Plans are available for review at the office of the Board of Appeals office, 1600 Osgood
Street,North Andover, MA Monday through Friday during the hours of 8:30AM to
4:30PM.
By order of the Board of Appeals
Eben P. McIntyre, Chairman
Published in the Eagle-Tribune on October 23 &October 30, 2006.
Legalnotice 2004-034.
M106.DP46.
II
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 918.688.9541 fax 918.688.9542 Web www.townofnorthandover.com
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TOWN OF NORTH ANDOVER MARIA ` �(VED
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ZONING BOARD OF APPEALS 2006 OCT 13 PH 3: 23
NAME: GFM General Contracting Corp .
ADDRESS OF APPEAL: Lot B on Turnpike Street (Map 106D// 6) t cClerk Time Stamp
F
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND
E submitted thirty (U 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.
supersede them. The petitioner wilt 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 a: 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
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:
f Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision(will be
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 Clerk:
a certified list of Parties in interest (abutters).
STEP 10• RECORDING THE DECISION AND PLANS.
STEP S: 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 Town Cleric's the Essex County, North Registry of Deeds, 381
Office to be certified by the Town Cleric with the time Common St., Lawrence MA, and shall complete the
and date of filing. The original will be left at the Town Certification of Recording form and forward it to the
Clerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building
- e Zoning r3oard of Appeals secretary. Department.
................... ...................,.. .... .....--........... ...................... ...... ............._............., ..., a
APORTANT PHONE NUMBERS:
) 8-688-9533 Office of Community Dev. & Services North Andover Town Nall
1600 Osgood Street, 120 Main Street
North Andover, MA 01845 978-688-9501 Town Clerk's Office
� 3-c88-9542 `ax for Community Cevelopment=)ffices 978-688-9566 Assessor's Office
�8 ,88-,545 3WIding Department
�� - 4i jt" irr#3oard of,appeals office PAGE °! tO4
2006
i
PAGE 2 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E
Please complete all items 1 -10 below:
1. Petitioner: *Name, *Address and telephone number:
GFM General Contracting Corp . (617) 877-9963
325 North Main Street , No . 15B
Middleton , MA 01949
*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:
Jean Paul R . Proulx
1812 Turnpike Street
North Andover , MA 01845
Years Owned Land: 47
3. Location of Property:
a. Street; Turnpike Street (Rte 114) Zoning District: GB
b. Assessors: Map number: 106 .D Lot Number: 46
c. Registry of Deeds: Book Number: 902 Page Number: 119
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
Section 10.4 and Section 7
Table 2 ; Footnote 2
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Variancerequest:
A dimensional variance is requested to allow a 36 foot setback
at the rear property line where a 50 foot setback is required .
Table 2 requires 35 feet but footnote 2 increases the minimum
setback an additional 15 feet when abutting a residential zone.
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,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
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. NA NA NA % NA NA NA NA NA 35(50)
14
8. %
'Rear setback will be 36 feet where 50 is required ; variance
of 14 feet .
r-dufs J Vi -+
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C 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
88 ,974 88 ,974 0% 383 .05 - _'l on 25 25 35 50)
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
88 , 974 NA 23 . 92% 383 .05 98 100 25 25 35
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
25 ,000 NA 35% 125 94 100 25 25 35(50)
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building* of Units*"
0(NA) 0(NA) 0(NA) -0(NA) NA NA
*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**
11 ,025 }� 2 t 43 .8 20 ,000 / Commercial (office/retail) TBD
*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
Enotification. 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.
E
'
Signature: r
GFM General Contracting Jean Paul R. Proulx
Type above name(s) here: By Brian G. Vaughan, Esq . Attorney for GFM
General Contracting , pursuant to Letter of Auth.
of Owner attached herwith
C A G E `T OF 4 VARIANCE
3. WRITTEN DOCUMENTATION *10. B. "Plan vec.fications:
;Application for a Variance must be supported by a 1) Size of plan: Ten (10 ) paper copies of a plan rot
legiblywritten or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"-40'
detail all facts relied upon. When requesting a Variance 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 1H) Plan shall be prepared, stamped .and certified by
requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please
:supported. All points,A-F,are required to be note that plans bya Registered Professional Engineer,
addressed 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. 1) Site Orientation shall include:
B. 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
6. locations of buildings on adjacent properties
h P P
C. Facts which make u the substantial hardship, 9 1
P P
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 builds for which the H) Legend&Graphic Aids shall include:
ng
variance is sought. 1. Proposed features in solid lines&outlined in red
D. Facts retied upon to support a finding that relief 2. Existing features to be removed in dashed lines
'r out substantial
3. Graphic Scales
sought will be desirable and with Ph
detriment to the public good. 4. Date of Plan
E. Fads relied upon to support a finding that relief 5. Title of Plan
sought may be given without nullifying or 6. Names addresses and 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 the plan information as indicated with
an.asterisk('). 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 following 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 #022-1760-4841"for the cost of first class, certified,
return receipt .64 as of
appeals. pt($4 January 2006)x#of all
parties in interest identified in MGLA ch. 40A§11 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 when the application applicant shall supply first class postage stamps
involves new construction/conversion/and/or a (currently.39¢)x the#of parties of interest on the
proposed change in use. abutter's list for the decision mailing.
10. A. Major Projects 11.8. Mailing labels:Applicant shall provide four(4)
11njor projects are those,l vhich involve one of the .;ets of mailing labels no larger than 1",,(2-5i8" (3 copies
fotlewing whether existing or proposed: for the Legal, and one copy for the Decision mailing).
1)five (5) or more parking spaces,
[)thr<=e (3) or more dwelling units, 11. C. See 2005 Re,iised Ff)e :-chedule.
:.11)2.,!:00 square feet of building area. ® A Variance once granted by the ZBA will"apse in
to or Projects shall r 1 ;one)-rear if not xercised .and �a new .etiticn mud A
j j. .quire, .hat in addition to ,he X03 � 3s submitted. !
%?C features,that the plans show detailed u lities. .;oils,
and t,pcgraphic information. !
i
i
1011112006 09:52 9786888476 HEALTH PAGE 02103
1
Zoning Bylaw Review ForM
s 'own Of North Andover
.' '' Building Department
1600 Osgood Street,Building 28,Shite 2-32
North Andover,IMA 01045 Fax 97e-083.9642
Phone 97"8.9545
street: Turn ike Stmet,Lot B
Ma fLot: 106.0148
licant: Jean P91,111 PrOuiX
Request: Construct retailloff ce building
„bate: 1.1.0f1QW
Please be advised,that alibi review of your Applicatloo and plans that your Application is
DENIM forthefollovAng Zoning Bylaw reastm9'
Zoning District,, OB
item Notes Item Nates
A I Lot Area F Frontage
1 Lot :2:1:r 9 frontage insufFlcfent
2 Lot Area Preexisting 2 Fronts Com lies X
3 Lot Area Complies X 3 Pres cisting fronts e
4 Insufficlent Information 4 insufficient tnforrnotien
a use 5 No access over Frontage
1 Allowed X G Cantlguocs Building Area
2 Not Allowed 1 fnsufficientArea
3 use Preexisttn 2 Cant
4 special Permit Reguired 3 Preexisting CSA
5 Insufficient tnforMation 4 insuffioient information x
C, Setback H Building Height
1 All setbacks oomRly 1 ilei t E:tceeds Maximum
2 Front Insufficient 2 Com ies X
3 Left Sid®insttfficlent 3 Preoxistina Height
4 Ri ht Sloe lnsufFioient 4 insufficient information
5 Rear Insufficient X Building Coverage
ti Pree3xistin setbwk&I 1 Covera exceeds maximum
7 Inqufffcient Information 2 Coverage Complies X
D Watershed 3 Coverace Preexisting
1 Not in Watershed X 4 InsuR'taiant information
2 in Watershed J Sign
3 -Lot rior to i 15124194 1 ;3 n not ailo Axid
4 zona to be Deterl'nined 3 1 Sign Complies....
5 Insufficient information 3 Insufficient Information
E Historic District K Parking
1 In Oistrlct review required 1 More ParhIM Required
2 Not in district X 2 Parkin Com lies
3 Insufficient Information
RLIMOdY for the above Is checked below.
item 0 Special Permits Planning Board karst# Variance
Site Plan Review Speofal Permit 05 Setback Variance
Access other than Fmnlago Spacial Permit Parking Variance
Frontacle Exception Lot Special Permit Lot Area Variance
Common Driveway Special Perrnit Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement special Rarmlk Spec
111 Permits Zoning Board
Independent Marty Housing Special Permit special Permit Non-Conforming Use 2BA
LoMe Estato Condo Special%trait Earth Removal Special ParM MA
Planned Development District Special Permit Special Permit Use not Listed bur Birtdlar
Planned Reeldontial 5poct21 Prarmit Spacial Permit for Sign
R-6 Density Special Permit Other
Watershed Spacial Permit Supply Additional Information
TI .,bove rdviow:tnd attaChad exparstlon of such is based ort ten glans and information submlttgd. No dorimtwe
rtrview and is advioi shall be based on verbal i)Vlonafiore by the spollcant nor shall su6h Wpdi 0XpMnatlan.9 by the
appllc—ant serve to provide cis inldve anevers to th9 above mgcons for DENIAL Any ins=rarfs,mISU;k Ing
ftTrnation,or other subsequent ahanrtes to rhe Information submitted by the applicant st 0 be{rounds for tris'eviow to
be vowed at pie ciscrelion of Ina Building Department.The aftoMdl deeument used"Pier Review Narrative'shall be
attached hereto are Incorporated hereon by WAr9rice. Tho building department will retain all plants and*XwM(.ntalion
for the oboy I.O.You'nt*t f! a new ixilding wmit application form and begin tie permuting pn4Gl�ts
Ful riding'Departure �/iioation Received AMlita:ion Denied
IManlal Srint: If Faxed Phone NumberlDole:�. _
Plain Review Narrative)
The following narrative Is provided to further explain the reasons for denial far the building permit
for the property indicated on the rove-se side.-
OCT-11-2006
ide:OCT-11-2006 09:43AM From: 9786888476 IO: Paee:002 R-97%
10/1112006 09: 53 9786888476 HEALTH PAGE 03103
Rdvi ii►
FOM itrbtn.
k
The proposed new building is gm,tet than 2.000 square feet with more than S
parking spaces andwill require a Special Permit from the Planning Board per
the Zoning Bylaw"d.�.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 Ando'vei or results in the
requirement of five(5)or more new or additional parking spaces."
CS A dimensional Variance is required from the Zoning Moate!of Appeals for
relief from the Zoning Bylaw's Table 2,Summary of Diti enaional
Requirements Footnote,?"Adjacent to residential district,an additional 15 foot
ei de or rear setback shall be re uiree&"fm the rear setback.
I
Reforrad TO:
t=ire Health
Police x Zoning Board
Conservation 09 anmertt of Public WgrkS
X Plannln Historical CDmmismtar
Other BUILDING DEPT
7.oningBylau,7]cftlal2OM
I
OCT-11-2006 09:43AM From: 9786888476 ID: Page:003 R=97%
TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS
APPLICANT: GFM GENERAL CONTRACTING CORP.
OWNER: JEAN PAUL R. PROULX
PROPERTY: ASSESSOR MAP 106.1) PARCEL 46
LOT B,TURNPIKE STREET,NORTH ANDOVER
MEMORANDUM IN SUPPORT OF APPLICANT'S REQUEST
FOR DIMENSIONAL VARIANCE
I. INTRODUCTION
Pursuant to Section 10.4 of the North Andover Zoning Bylaw and §10 of MGL c. 40A, GFM
General Contracting Corp., requests that a variance or other zoning relief be granted to permit
the construction of a mixed-use commercial building on property which fails to conform with
current rear setback requirements. It is noted that the Applicant believes that it has independent
grounds to contest the denial of a building permit, and has filed a separate application to obtain a
finding with respect to such matter, but should the Board determine that the Building Inspector's
denial of a building permit should not be overturned, then the Petitioner requests the Board to
grant the requested variance described in this Petition. It is also noted that a plan for a building of
substantially identical size, location and footprint were approved by the North Andover Planning
Board for construction in December, 2001.
II. BACKGROUND
GFM General Contracting Corp. (the "Petitioner" or"Applicant")is the prospective purchaser of
the premises located at Turnpike Street in North Andover and identified as Lot B on a plan
recorded at the Essex County North District Registry of Deeds as Plan No. 3747 (the
"Property")
The owner of the Property is Jean Paul R. Proulx (the"Owner"). The Owner acquired the
Property by deed from Ernest J. Morin, dated September 23, 1959 and recorded at Book 902,
Page 119 of the Essex County North District Registry of Deeds.
The Property is located in the General Business ("GB") Zoning District,where the proposed use
of the Property as a mixed commercial use (retail/office)is permitted by right.
On or about October 11, 2006, the Building Inspector issued a denial of the Petitioner's
application and determined that issuance of a building permit requires a dimensional variance.
More specifically, as the basis for denial, the Building Inspector determined that the proposed
building did not comply with the requirements of Section 7, Table 2, Summary of Dimensional
Requirements Footnote 2 of the Zoning Bylaw requiring a rear setback of 50 feet between the
rear of the building and lot line to erect the structure as proposed.
Specifically, footnote 2 to Table 2 of the North Andover Zoning Bylaw provides in pertinent part as
follows:
"Adjacent to residential district, an additional 15 foot side or rear setback shall be
required. The first 15 feet of the total setback abutting the residential district shall remain
open and green, be suitably landscaped, unbuilt upon,unpaved and not parked upon..."
The Property is located on the northerly side of Turnpike Street and is bordered to the north by
Berry Street. Parcels to the north and east of the Property are zoned residential. The parcel on the
opposite side of Berry Street, to the north,was zoned Village Residential and recently rezoned
such that it is now located in the Residential 3 ("R-3")Zoning District. The parcel to the east of
the Property is located in the Village Residential ("VR") Zoning District.
Accordingly, since the rear setback of the proposed building is 36 feet from the lot line, the
Petitioner requests a variance of 14 feet from the dimensional requirement where 50 feet is
required. The portion of the lot for which the setback variance is requested is located at the rear
center of the lot and the westerly edge of the proposed building.
III. BASIS FOR VARIANCE
The Applicant's proposed variance meets all of the conditions for granting of a variance.
The basis for the Petitioner's appeal is as follows.
1. There are circumstances relating to soil conditions, shape, or topography of the land or
structures and especially affecting such land or structures but not affecting generally the
zoning district in which the property is located. In particular, the following property
conditions are noted:
a. The Property's soils and topography are unique, containing and/or bordered on its
easterly edge by an intermittent stream and extensive area of Bordering Vegetated
Wetland.
b. The Property's odd shape, combined with wetlands,present a significant problem
for siting a commercial building of reasonable size on the Property. The Property
is relatively narrow in depth and is bordered on two opposite ends by roadways;
being bordered to the south by Turnpike Street(Route 114)and bordered to the
North by Berry Street.
2. As a result of the circumstances described above which affect the Property but do not
affect the zoning district in general, a literal enforcement of the increased rear setback
requirements of the Zoning Bylaw will involve substantial hardship, financial or
otherwise, to the Applicant. Because of the location of the intermittent stream and
Bordering Vegetated Wetland, the easterly side of the parcel cannot be developed as this
resource area is buffered by a 25 foot"no disturb"zone and a 50 foot"no build"zone as
defined under the North Andover Wetlands Protection Bylaw. Because of this limitation,
which is related to soil conditions, the building q is requested to be moved awayfrom
wetland resource areas in order to comply with wetland's regulations. This also limits the
ability to relocate the structure and improvements; and it is not practical to comply with
the rear setback because if required to do so, it would reduce the building width to a
narrow and unmarketable shape which would create a financial hardship for anyone
proposing to build an economically practicable commercial structure or use on the
Property. In this case, because of the intermittent stream and Bordering Vegetated
Wetland, the ability to conform with an increased rear setback is impractical if not
impossible. To relocate the building further away from the rear property line will result in
an encroachment on the resource areas. In addition,because of the relatively narrow
depth of the lot any increase of the rear setback away from Berry Street would cause the
building and parking improvements to be crowded closer to Turnpike Street and the
result would be detrimental to other legitimate planning issues related to location of
parking, setback from the main roadway and site circulation.
3. The relief sought will be desirable and without substantial detriment to the public good.
The lot and structure, while not conforming technically to the increased setback
requirement of Footnote 2 to Table 2 of the Zoning Bylaw will be conforming otherwise
with all setbacks and with the Table 2 dimensional requirements. In addition,when
taking into account the additional width of Berry Street as it exists between the"abutting"
residential property, there is in excess of the additional 15 foot setback, as otherwise
required by Footnote 2, between the proposed building on the Property in the GB Zoning
District and the border of the R-3 zoned properties.
4. Allowing the construction of the commercial building on the Property with a 35 foot
rather than 50 foot rear setback will not derogate from the intent or purpose of the Zoning
Bylaw because it will allow development that is consistent with and in keeping with the
development of other properties in the neighborhood. The use is a permitted use and the
rear setback is consistent with or greater than the setback for the abutting GB-zoned lot.
Further, the intent of the increased setback requirement in this context is to create a
greater buffer and screen between the business-zoned and residential-zoned properties. In
this case, the zones are separated to the south by Berry Street and to the east by vegetated
wetlands so that there is greater and more significant screening and buffering between the
business and residential zones than could reasonably be imposed by the bylaw controls.
And again, allowing a 35 foot rear setback would be consistent with the December, 2001
approval previously issued by the Planning Board for this Property.
Accordingly, for the reasons stated above, and others that will be presented at the hearing, the
Petitioner respectfully requests the Zoning Board of Appeals to grant the requested variance, and
allow the Property to be developed with a minimum 35 foot rear setback where 50 feet is
required.
Respectfully submitted,
GFM GENERAL CONTRACTING CORP.
By its attorney,
Brian G. Vaughan, sq.
SMOLAK&VAUGHAN LLP
820 Turnpike Street, Suite 203
North Andover, Massachusetts 01845
(978)327-5217
II
OWNER AUTHORIZATION
Turnpike Street, North Andover,Massachusetts
(Assessors Map 106D, Lot 46-47)
I, Jean Paul R. Proulx, the owner(the"Owner") of properties identified as
Assessor's Map' 106.D Lot 46 ("Lot 46") and Assessor's Map 106.1) Lot 47("Lot 47"),
located at Turnpike Street, North Andover, Massachusetts, hereby authorize Gino Fodera,
Giuseppe & Sons Real Estate Management LLC, GFM General Contracting Corp. and/or
their attorneys, agents or nominees, to apply to the Board of Appeals, Planning Board,
Board of Selectmen, Board of Health and Conservation Commission of the Town of
North Andover, as well as to any other boards or agencies, for all approvals necessary to
obtain approval of the use and development of Lot 46 as a mixed use commercial
building or for commercial and/or retail development. The applications and powers
hereunder may include Lot 47 to the extent that an easement shall be granted over a
portion of Lot 47 for the use by Lot 46 for drainage,parking and/or other purposes.
The Owner disclaims any responsibility for the actions of, or information
provided by, the Applicant elating to any requests for approval or otherwise.
Dated: October 10, 2006
Witness to Signature: OWNER:
can PauYk. Proulx
1, Ernest J. Morin,
of Andover, Essex County, Massuhua.etts.
4ag+t�m for consideration paid, grant to Jean Paul R. Proulx
of North. Andover, Essex County, Massachusetts with quiulaim rolff anto
ADJWAAx Two certain parcels of land, with the buildinf,s thereon, situated
4d3€�s�a�€ sks2�tsr.�:
on: the northerly side of Turnpike Street in North Andover, in said County
and Commonwealth, and beinFV shown as "Plot A" and "Plot B" on a plan entitled:
"North Andover Plan of Land now or formerly owned by A. Houf'r.ton and 1ielen
Farnham, dated. February 1958, `Tarry D. Berry, Reg. C.E.," recorded. with north
Essex Registry of Deeds as Flan oxo- 3747.
Plot A is more particularl,, bounded and described as follows : Lerinninu at
the northwest corner of the granted premises at a corner of the wall at the
junction of L,errJ St. and Turnpike St., thence run.Anp easterly b-; ,erry St.
>four hundred forty-five (445) feet to a stone bound; thence turnip;;, and
runnin;- South 310 431 West one hundred fifty-eight (158) feet, rroro or less,
to a stone bound on Tun-pike St.; thence turning and runnin four Hundred
thirt7,1-two and 61/1.00 (432.61) feet to a cross wall at the jt-nction of Berry
Street and. said 71u.rnpike Street; thence turninC and runninE' :.orthcrly sixteen
(16) feet, taore or less, to the point of be;inninL . Together with any rights
and title I may have in the triani le north of t1ne described r,rer;ises at
merry. Street and Turnpike Street.
Plot B is more particularly bounded and described as follows: ieginnin- at a
stone bound at _errzr St. at the northeasterly corner of Plot A above described;
thence running b�, said Berry St. three hundred sixty-four (364) feet to land
now or formerly of Sarah-Beek; thence running 60 48t Last sixty-nine and
6/10 (69.6) feet to a corner of the wa11; thence running. South 360 12t West
two hundred thirty-two (232) feet to a pain', in the northerly line of Turnpike
'Street, said point beim sixty-five (65) feet northwesterly Prow a .,:assachusetts'
Highway 3o-u d; thence turning, and running in a northwesterly direction by
Turnpike St. three hundred eit.hty-three and 85/100 (363-85)V feet to a point at
the southeasterly corder of Plot A; thence ;urninf and runninf: int north-
easterly direction by said Plot A one hwzdrud fifty-eight (1 .�) f(:et to Berry
Street and the point; of beginr_inp.
L'ein., the same premises conveyed to rye by Arthur `'ouPhton 1-arnhar., et ux
by deed dated December 10, 1957, recorded with Llorth Essex ::eristry of -Deeds,
kook E66, Pape 2966 See also Correetlon-'Deed f-ror A. ,toughton Farnham et ux
to rr.e dated idove ber 5, 1958, recorded with said t eFistrNr, _'ook 864 PaP;e 298
Ssid premises are conve%'ed subiect to the r•i; h:ts of the :.iddleton and
Danvers ,Street F1 ildra, :;o., i any exists, ,ihich rtay have boon acquired by
deeds recorded or a-reer encs recorded in iic�tIr ssex er_°istr,. of Leeds,
Nook 191, Pafe 406, and =ook !07, Pare 200, respectively, also, to whatever
rights the Commonwealth, of Massachusetts ma;, have acnuired under deeds of
taking recorded wit said itc�,istry, cook 683, Page 281, Nook 693 P=f•e 176
3ook 61)14., Pate 68.
Both parcels arc conveyed subject to. ar:y anc:' all restrictions and
easements of record insofar as t1-1e; sar,,e are now in force and applicable.
t.'.
1"C','011 R. 'vTnue Stamps
I, Irene D. ivlorin, JU of said grantor,
wife
dower and homesrelease to said grantee all rights of x-yrd" ' a teadand other interests therein.
witnP$fi .our.hands and seals this............o2..3fia....... .......clay of...... ...........19.`i.9..
} f
...............
a. .i.. ......... C...c.. ti:
�, +' 4 !
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
Page:1
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
106.1) 46&47 Jean Proux 1812 Turnpike Street,North Andover,MA 01845
Abutters Properties
Map Parcel Name Address
106.D 45 John Hagerty 1874 Turnpike Street,North Andover,MA 01845
106.D 63/74/75 One Hundred Fourteen Tr 51 Mount Joy Drive,Tewksbury,MA 01876
106.D 33 Frank Fiore 16 Berry Street,North Andover,MA 01845
107.8 171/172 Mesiti-Moore's Falls 100 Andover By-Pass,North Andover,MA 01845
107.B 161 Jyotirijiban Bhattacharya 40 Amberville Road,North Andover,MA 01845
107.B 170 Marco Pallotta 11 Anvil Circle,North Andover,MA 01845
107.B 156 Robert Carroll 21 Amberville Road,North Andover,MA 01845
107.E 157 Hemendra Shah 17 Amberville Road,North Andover,MA 01845
107.B 158 Nadarajha Subramanian 14 Amberville Road,North Andover,MA 01845
107.B 159 Ajay Bhandari 20 Amberville Road,North Andover,MA 01845
107.6 160 Aashu Virmani 30 Amberville Road,North Andover,MA 01845
107.B 174 Paul Ames 5 Anvil Circle,North Andover,MA 01845
107.8 162 Anthony Gouveia 50 Amberville Road,North Andover,MA 01845
107.6 77 Qing He 1845 Turnpike Street,North Andover,MA 01845
107.B 80 Nursing&Retirement 200 Blackstone 3rd.Fl.Andover MA 01810
This certifles that the names appearing on the
records of the Assessors yOffice as of
/-
Certified b
This certifies that the names appearing on the
records of the As ssors ffice as of
Certified b Date r a s p
Cast Stone Roseae Bridle Soldier Course(typ.)
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Brick Soldier Course Architectural Asphalt Shingles
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PLAN OF LAND IN NORTH ANDOVER, MASSACHUSETTS NORTH ANDOVER ZONING BOARD OF APPEALS
SCALE 1"=100' OCTOBER, 11, 2006 �p60
PREPARED BY EASTERN LAND SURVEY ASSOCIATES, INC. MPROEL�3 v��o
104 LOWELL STREET PEABODY, MASS. 01938 (978)531-8121
SEE SHEET 2 FOR PROPOSED SITE LAYOUT DETAILS �� •�S
OWNER OF RECORD $LLo
'Y
JEAN P. PROULX
1812 ANDOVER STREET PB OPDlNG w
NORTH ANDOVER, MA. 01845 _ a
0-
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a -n u o
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For Registry Use Only
I HEREBY CERTIFY THAT THIS PLAN CONFORMS TO TURNPIKE STREET
THE RULES AND REGULATIONS OF THE REGEISTERS --
OF DEEDS OF THE COMMONWEALTH OF
MASSSACHUSETTS onk6FF � M A P 107B pcl 161
��, Pcl 160
Pcl 158 Pc1.159
�c �R '` Pcl. 80 Pcl 77 PcI 172
R:
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Pci 174 'g0AD
W
LOCUS MAP cd
~
Z V, Pcl 157 Pcl 156
Pcl 170 Q
MAP PARCEL NAME PROPOSED PARKING CALCULATION
106D 45 JOHN HAGERTY SEATING AREA IN CONVENIENCE STORE
106D 63,74,75 ONE HUNDRED FOURTEEN TR. ZONING E VA LU ATI ON 30 SEATS 0 1 SP/2SEATS = 15 SPACES
106D 33 FRANK FIORE REMAINDER OF CONWNIENCE STORE
�e¢¢y 107B 171,172 MESITI—MOORES FALLS ZONING DISTRICT GENERAL BUSINESS 1700 SF 0 5 SP/1000 SF = 9 SPACES
Locus S-r• 107B 161 JY011NJIBAN BHATTACHARYA ITEM REQUIRED PROVIDED REMAINING RETAIL SPACE
107B 170 MARCO PALLOTTA x484 SF, 0 5 SP/1000 SF = 33 SPACES
J iz --cr. 107B 156 ROBERT CARROLL LOT AREA 25,000 SF 88,974 f SF OFFICE SPACE (SECOND FLOOR)
107B 157 HEMENDRA SHAH FRONTAGE 125 FT 383.05 FT' 10911 SF 0 3 SP/1000 SF = 37 SPACES
107B 158 NADARAJHA SUBRAMANIAN FRONT YARD 100 FT 106 FT REQUIRED PARKING = 94 SPACES
107B 159 AJAY BHANDARI PROPOSED PARKING = 98 SPACES
107B 160 AASHU VIMANI SIDE YARD 25' FT (1) 95' SCALE 1"=100'
107B 174 PAUL AMES REAR YARD 35 FT (1) > 35 FT
107B 162 ANTHONY GOUVEIA
107B 77 QING HE MAXIMUM HEIGHT 45 FT. 50 FT. 01 100 200 300
1078 80 NURSING & RETIREMENT MAXIMUM LOT COVERAGE 35 % 23.92%
F14562 SHEET 1 OF 2
I
NORTH ANDOVER ZONING BOARD OF APPEALS PLAN OF LAND IN NORTH ANDOVER, MASSACHUSETTS OWNER OF RECORD
SCALE 1"=40' OCTOBER, 11, 2006 JEAN P. PROULX
PREPARED BY EASTERN LAND SURVEY ASSOCIATES, INC. 1812 ANDOVER STREET
104 LOWELL STREET PEABODY, MASS. 01938 (978)531-8121 NORTH ANDOVER, MA. 01845 0� p
PNK F\ORE �S\QE'��\PL r 51 .151N 51 SO FD
FR \5 �LLPGE R 513 2,2. 5 E
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Dumpster 0-
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-Ig0, , Pad
gY 2 ti 26.5 �
Patio
$ g 52.11 o / i
LOT B 02 /
U /Q
88,2451 SF. /
2.026± Acs. N 25,
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PROPOSED BUILDING / �� / � a
10 Sp ces w / Co
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ZONING DISTRICT IS GENERAL B�SINESS /
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For Registry Use Only a 0J
I HEREBY CERTIFY THAT THIS PLAN CONFORMS TO 1
15 jSp�cesj 25' rr
THE RULES AND REGULATIONS OF THE REGEISTERS PROPOSED PROPOSEI _ ,
OF DEEDS OF THE COMMONWEALTH EASEMENT SIGN
MASSSACHUSETTS ?�
N55'17'29"W 383.85'
a
R=30 0 R=3
SCALE 1"=40'
TURNPIKE Route1;; STREET F14562
0 40 80 120 SHEET 2 OF 2
ri�TN
TOWN OF NORTH ANDOVER FINDING 0 0
ZONING BOARD OF APPEALS PIECEIVE�a � z
.Y t
NAME: G F M General Contracting Corp .
ADDRESS OF APPEAL: Lot B at Turnpike Street (Tax a 16'6 46)
Procedure & Requirements
for an Application for a Finding. r`
Ten(10)copies of the following information must be
submitted thirty U days prior to the first public hearing_ STEP 6:SCHEDULING OF HEARING AND
Failure to submit the required information within the PREPARATION OF LEGAL NOTICE:
time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules
Zoning Board of an application as incomplete. the applicant for a hemming date and prepares the legal
The information herein is an abstract of more notice for mailing to the parties in interest(abutters) and
specific requirements 1"rsted in the Zoning Board for publication in the newspaper. The Petitioner is
Rules and Regulations and is not meant to notified that the legal notice has been prepared and the
supersede them. The petitioner will complete items cost of the Party in Interest fee_
that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
STEP 1: ADMINISTRATOR PERMIT DENU4L: The petitioner picks up the legal notice from the Office
The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal
receivers a Permit Denial form completed by the mice to the local newspaper publication.
Building Commissioner-
STEP 8: PUBLIC HEARING BEFORE THE ZONING
STEP 2: FINDING 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 finding All information as ed by an agent or attorney. In the absence of
required in items 1 through and including 11 shall be an appearance without due cause on behalf of the
completed. tuner, the Board shall decide on the matter by using
the�information it has otherwise receive.
Step 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as STEP 9: DECISION:
cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision wiii 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 from the Assessors Office a General Law ch.40A sec. 17, within twenty(20)days
certified list of Parties in interest(abutters). after the decision is filed with the Town Clerk.
STEP 5: SUBMIT APPLICATION: Step 10: RECORDING THE DECISION AND PLANS.
Petitioner submits one(1)original and 10 Xerox copies The petitioner is responsible for recording certification of
of all the required information to the Town Clerk's Office the decision and any accompanying pians at the Essex
to be certified by the Town Clerk with the time and date County, North Registry of Deeds, 381 Common St.,
of filing. The original will be left at the Town Clerk's Lawrence MA,and shall"complete the Certification of
Office, and the 10 Xerox copies will be left with the Recording form and forward it to the Zoning Board of
Zoning Board of Appeals secretary. Appeals and the Building Department.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev &Services
27 Charles Street
North Andover, MA 01845 978-688-9501 Town Clerk's Office
978-688-9566 Assessor's Office
978-688-9542 fax for Community Development offices
978-688-9545 Building Department
,99541,; 7dning Board of Appeals Office
t I
PAGE 1 of 4
y' h'9�•l
1 fAd y
t� I r U113. 't�
Page 2 of 4 Date&Time Stamp
Appfica#ion fora FINDING
_ ._.,�r.nv'b�,.���.+�� `u.S�b•. 'Lx'�s'`..nErc:...ilm��tt�k.^`Y.m ;.. :.. ..«_'... i- .�.. ..
- NORTH ANDOVEfZ BOARD Oi=APPEALS
1. Petitioner: Name, address and telephone number.
GFM General Contracting Corp . (617) 87.7-9963
325 North Main Street , No . 15B
Middleton , MA 01949
*The petitioner shag be entered on ft legal na9ze and the de own as eriemd abm
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
Jean Paul R . Proulx
1812 Turnpike Street
North Andover , MA 01845
Years Owned Land: 47
3. Location of Property:
a. Street: Turnpike Street (Rte, --(37B1�ZaDning District
J - - 10.6 D Lot Number 4 6
b. Assessors:: Map numbers �, _� ..._
c. Registry of Deeds: Book Number 902 Page Number. 119 _
4.Zoning Sections under which the petition for the Finding is made.
Section 10 .4 and Section 7
'Refer to the Pemut Denial and Zoning By-law Plan Review as supplied by the Building Conoftskmw
�. Describe the Finding request:
Pursuant to Section 10 .4 of the North Andover Zoning Bylaw and
Section 8 of MGL c .40A , the Petitioner, as an aggrieved person ,
is appealing the Building Inspector 's denial of a building permit
under Section 7 , Table 2 , Footnote 2 , of the North Andover Zoning
Bylaw .
"The above description shall be used for the purpose of the ko notice and decision. A more deed description is reed pursuant to the
Zoning Board Rules and Regubdioru:as died on page 4 of this application.Fallure by the applicant 10 clearly describe the request may re"in
a decision that does not address the bdent of the appNcant. The decision will be lincilP to the request by the appiicant and will not Involve
additional items not included abovs
6a, Difference from Zoning By-LAW requirements: Indicate the dimensions that will not meet current
Zoning By-Law Requirements. (A and B are in the case of a lot split)
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
A._ NA NA NA % NA NA NA ' NA NA NA
B, %
Page 3 of 4 Application for a FINDING
NORTH ANDOVER ZONING BOARD OF APPEALS �...
6. b. 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 B Rear
8 , 974 NA 0% % 383 .05 0 100 25 25 35(50)
c. Proposed Lot (5):
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
88., 974 _ NA 23 . 92-1 383 .05 98 100 25 25 35
d. Required Lot_ (As required by zoning By-Law)
Lon Area Open Space Percent Lot Frontage Parking Minimum Lot set Back"
Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear
25 ,000 NA 35% 96 125 94 100, 25 25 35(50)
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq.feet Building"
0 NA) O(NA) O(NA) NA
`Reference Use Code numbers and Uses from the Zoning By-law State number of units in burg.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq.feet Building`
11 ,025 2 ' 20 ,000 t�Commercial (office/retail)
`Reference Use Code numbers and Uses front the Zoning By-Law State number of units n buildarg_
6. Petitioner and Landowner signature (s):
Every application for a Finding shall be made on this forth which is the official form of the Zoning Board of Appeals. Every application shall be filed with
the Town Cleric's Office. It shall be the respomully of the petitioner to furnish ad
application received by the Town Cleric or the Zon' ��� with this application. The dated copy of this
responsible for all n Board of Appeals does not absolve the applicant from this
�e,,x,�p,�einses for fling and legal notification. Failure to comply with r�o� The Petitioner shall be
Regulations may res in a di�nissal the Board of this appt�atton herein and in the Zoning Board Rules and
application as ir►wrnplete.
Signature
GFM General Contracting Corp . Jean Paul R . Proulx
Type above name (s) here By Brian, G . Vaughan , Esq . , Attorney for Petitioner
pursuant to et er o o-rizat:r', of Ow.nex-
attached herewith. _
10,+1112006 09: 52 9786888476 HEALTH PAGE 02/03
I
1,n]P rh
s£ "� Zoning Bylaw Review Form
Town Of North Andover
Building Department
1600 Osgood Street,Building 20,Scute 2-32
North Andover,MA 01 US
Phone 978.08.9W Fax 979-689.9542
Street: Tumpike, ,rest.Lot B
Ma Lot: 106.01148
ticant: Joan Paul Pmuix
Request: Construct retaiNeffice Wilding
bate; 101110"
Please be advised that after review of your Applicadloo and Plans that your Application is
DENIED forthe following Zoning Bylaw reasons:
Zonina District, GO
kem Notes Iitem Notes
A Lot Area F Frontage
1 Lot area Insufficient I Frontage Insufficient
2 Lot Area Preexisting 2 Fronis Com lies X
3 Lot Area Compiles X 3 Preexistin fronts
4 Insufficient Information 4 Insufficient lnformistiat
B Use 5 Pio access over Frontage
I ANowod X G Contiguous Building Area
2 Not Allowed I insufficient Area
3 Use Praftisdin 2 Com les
A Special Permit Re uired 3 Preexistin CBA
s Insufficient Information 4 lnsufttt4eent fnformatian X
C, Setback H Building Height
9 All setbacks comply 1 lie! t Exceeds Maximum
2 Front Insufficient Z Complies X
3 L&It Side Insufficlent V PreGxiqthA1--HeiQht
4 1 Ri FI Side tnsuffiaieit 4 Insufficient Information
s Rear insufficient X 1 Building Coverage
6 Preftistin setback(a) I CoVeMG0 exr„eeds maximum
7 Insufficient Information 2 Coverage Complies__ X
D Watershed 3 Coverage Preexisting
1 Not In Watershed X 4 Insufficient information
2 In Watershed J Sign
3 Lot pLior to 10/24/94 1 S n not allowed
4 Zona to be Determined 2 Sign Complies.._
5 Insvificient information 3 insufficient Information
E Historic District K Parking
1 in District review required 1 More Parking Required
2 Not in di8irtct X 2 Paricing Complies,
3 insufficient Information
Remedy for the above is checked below.
Item# I Special Permits Planning Board Item# Variance .
Site Plan Review Special Permit 05 Setback variance
Access other than Firomflago Special Permit Parking Variance
Frontage Ex Lot Special Permit Rot Area Variance
common Driveway Special Permit Height variance
onorogate Housing Special Permit Variance for sign
ConilnuinA Care Retirement spacial Permit Special Permits Zonln Beard
mdopencient FJde Houeng Spacial Permit Special Permit Nan-Conforming Use 7.RA
La a F.Mato Condo Special Permit Earth Removal Special Parmit ZSA
Planned Development District SpeCial Permit Specidl Permit Use not Listed but Siryllior
Planned Residential speGpl Permit Special Permit for Sion
R Et Den6ity Special permit Other
Watershed Special Permit Supply AMIdQnat Information
TI a-,beva rOviaw and aH.nchod exparaCon of such Is bared Ni tm pians and information submitted, No oorimtive
omew and or advice ghat be based on verbal ea< 6Mliors by the spppcant nor shell suds VOW,It 0501Anations by the
Applicant aceve to provide detioldva aremrs to the above ma4m,,:for DENIAL. Any inaccumeos,misir Wing
inionnation,or other subsequent rhangns tp tha informatlon submitted by thn aoplicent shin ba grounds tar this•eview to
be vaided at ane oiscration of the Buil[!ng Department,The aitaahed document hmea"Plan Review Narrativo"snap be
atlached hereto ane Incorporated herein by WAMncn, The building department vAll retain all Am and rimmmCnman
fnr the ob7�111fl-+.You must fl d mw WIding parmlt apoicaven form and begin the pennittirs pmcosz,
Building Depertme t Signatra��re Application Received Aoolil: mn Denied
Onniel Sant: ff Faxed Phone Nuanbnr(DQte,
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 rove-so side.
OCT-11-2006 09:43AM From: 9786888476 ID: Paae:002 R=97%
10/11/2006 09: 52 9786888476 HEALTH PAGE 03/03
Rovie r R sin t ir.l i�il.l rt:>nnr l� ill S.
Fri M It64 r
F7+�fi�ltnr►cr? .�
}
The proposed now building is greater then 2.bM square feet with marc than 5
parking spaces and will require a Special Permit frons the Planning Board per
the Zoning Bylaw" .3.z.a i Any new building(s)or construction whicli
contains more than two thousand(2,000)square feet ofLrross floor area which
is undertaken on land within the Town ofNorth Andovc�or results in the
requirement of five($)or more new or additional parking T.sem"
C5 A diTnasional Variance is required from the Zoning Bos.[d of Appeals for
relief from the Zoning Bylaw's Table 2,Summary of Dithensionol
Requirements Footnote 2"Adjacent to residential district,an additional 15 foot
side or rear setback shall be r uiroA"for the rear setback.
i
I
Raft5rred To:
F"� Health
Police }( Zoning Board
Gonservalion ❑-WAtN119nt of Public Works
% Planning Historical CemmisMor
Othar BUILDING DEPT
Z�»ingBylawT]cnl a12110M
OCT-11-2006 09:43AM From: 9786888476 ID: Pase:883 R=97%
OWNER AUTHORIZATION
Turnpike Street, North Andover, Massachusetts
(Assessors Map 106D, Lot 46-47)
I, Jean Paul R. Proulx,the owner(the"Owner") of properties identified as
Assessor's Map 106.D Lot 46 ("Lot 46")and Assessor's Map 106.D Lot 47 ("Lot 47"),
located at Turnpike Street, North Andover, Massachusetts, hereby authorize Gino Fodera,
Giuseppe & Sons Real Estate Management LLC, GFM General Contracting Corp. and/or
their attorneys, agents or nominees, to apply to the Board of Appeals, Planning Board,
Board of Selectmen, Board of Health and Conservation Commission of the Town of
North Andover, as well as to any other boards or agencies, for all approvals necessary to
obtain approval of the use and development of Lot 46 as a mixed use commercial
building or for commercial and/or retail development. The applications and powers
hereunder may include Lot 47 to the extent that an easement shall be granted over a
portion of Lot 47 for the use by Lot 46 for drainage,parking and/or other purposes.
The Owner disclaims any responsibility for the actions of, or information
provided by, the Applicant elating to any requests for approval or otherwise.
Dated: October 10, 2006
Witness to Signature: OWNER:
�� r,
can PauYR. Proulx
TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS
APPLICANT: GFM GENERAL CONTRACTING CORP.
OWNER: JEAN PAUL R. PROULX
PROPERTY: ASSESSOR MAP 106.1) PARCEL 46
LOT B,TURNPIKE STREET, NORTH ANDOVER
MEMORANDUM IN SUPPORT OF APPLICANT'S REQUEST FOR FINDING
I. INTRODUCTION
Pursuant to Section 10.4 of the North Andover Zoning Bylaw and Section 8 of M.G.L. c.40A,
GFM General Contracting Corp., as a person aggrieved, is appealing the Building Inspector's
denial of the issuance of a building permit since the denial issued by the Building Inspector for
the construction of a mixed-use commercial building on the subject property was incorrect, and
should be annulled, so that a building permit can be issued without any requirement for a
variance or other zoning relief. It is noted that, in the alternative, should the Board not agree with
the Applicant's request for relief under this Petition,the Applicant has also filed a petition for a
variance under a separate petition for relief.
II. BACKGROUND
GFM General Contracting Corp. (the"Petitioner" or"Applicant")is the prospective purchaser of
the premises located at Turnpike Street in North Andover and identified as Lot B on a plan
recorded at the Essex County North District Registry of Deeds as Plan No. 3747(the
"Property")
The owner of the Property is Jean Paul R. Proulx(the "Owner"). The Owner acquired the
Property by deed from Ernest J. Morin, dated September 23, 1959 and recorded at Book 902,
Page 119 of the Essex County North District Registry of Deeds.
The Property is located in the General Business ("GB") Zoning District,where the proposed use
of the Property as a mixed commercial use (retail/office)is permitted by right.
On or about October 11, 2006, the Building Inspector issued a denial of the Petitioner's
application and determined that issuance of a building permit requires a dimensional variance.
More specifically, as the basis for denial, the Building Inspector determined that the proposed
building did not comply with the requirements of Section 7,Table 2, Summary of Dimensional
Requirements Footnote 2 of the Zoning Bylaw requiring a rear setback of 50 feet between the
rear of the building and lot line to erect the structure as proposed.
Specifically, footnote 2 to Table 2 of the North Andover Zoning Bylaw provides in pertinent part as
follows:
"Adjacent to residential district, an additional 15 foot side or rear setback shall be
required. The first 15 feet of the total setback abutting the residential district shall remain
open and green, be suitably landscaped,unbuilt upon,unpaved and not parked upon..."
The Property is located on the northerly side of Turnpike Street and is bordered to the north by
Berry Street. Parcels to the north and east of the Property are zoned residential. The parcel on the
opposite side of Berry Street, to the north, was zoned Village Residential and recently rezoned
such that it is now located in the Residential 3 ("R-3")Zoning District. The parcel to the east of
the Property is located in the Village Residential ("VR")Zoning District.
III. BASIS FOR APPEAL
The Building Inspector's denial was incorrect, and should be annulled,because the
provisions of the Zoning Bylaw cited by the Building Inspector, when interpreted and applied to
the facts of this case,warrant a finding that the increased setback does not apply to the rear
setback for the Property. The basis for the Petitioner's appeal is as follows:
1. Table 2, Footnote 2 of the North Andover Zoning Bylaw describes the increased rear
setback requirement for properties adjacent to residential districts. The first sentence of
Footnote 2, as cited above, requires an additional 15 feet"side or rear setback"when
"adjacent"to a residential district;whereas the second sentence qualifies this requirement
by clarifying that the first 15 feet of the area"abutting the residential district"must be
open space.
2. The Property is in the GB Zoning District and is located adjacent to a residential district.
However, the rear property line abuts to Berry Street rather than to a neighboring
residentially zoned parcel. Whereas the first sentence of Footnote 2 indicates that the rear
setback might be required to be increased by 15 feet in as much as the Property could be
considered to be located"adjacent"to a residential district,when read in conjunction with
the second sentence of Footnote 2 it would appear that the additional 15 foot requirement
is not applicable as the rear property line does not"abut"or touch upon a separate
residential parcel.
3. While Footnote 2 of the Zoning Bylaw lacks clarity with regard to its application to the
current case, it is believed that the second sentence was intended to clarify the more
ambiguously drafted first sentence. Under this interpretation, the additional 15 foot
setback would only be required where the lot line abuts(or touches against)the
residentially zoned abutting parcel and would not be required where the lot line was
located in the vicinity of, but not physically abutting to, the residential zone. This
interpretation would allow for more precise application and would appear to honor what
was the likely spirit and intent of the additional setback, namely to provide greater
screening and buffering of residential uses from the commercial zones. This would not
appear to be a legitimate concern where the properties are already separated by a public
way.
4. In the current case, it is noted that the Property was previously permitted for commercial
development in December, 2001. (See copy of Notice of Decision of Planning Board
dated December 20, 2001 and attached hereto as Exhibit A.)
5. In considering the present application and the request of the Applicant for an
interpretation of the rear setback requirement, the Building Inspector undertook a diligent
review of building and planning files. In doing so, the current Building Inspector located
a memo from a past Building Inspector, Mr. Robert Nicetta, dated November 6, 2001 (the
"Nicetta Memo"), which memorandum included an interpretation that the increased 15
foot setback did apply to the rear setback of the Property. (See copy of Nicetta Memo
attached as Exhibit B.)It was partially in reliance upon the Nicetta Memo that the
current Building Inspector has made the interpretation of the issue, and has determined
that an increased setback is in fact required. The Building Inspector did, however,
suggest that this interpretation might appropriately be appealed to the Zoning Board of
Appeals for further consideration given the ambiguity of Footnote 2 as it applies to this
case.
6. Moreover, it is noted that the Nicetta Memo was issued in advance of the Planning Board
hearings and decisions. The Nicetta Memo also addressed a concern with respect to a
structural overhang and certain other matters that would require zoning relief. The final
approved plans and the 2001 Decision of the Planning Board,whereby the project was
previously approved, addressed all other matters outlined in the Nicetta Memo and
included specific mention for further zoning relief to be obtained with respect to the
structural overhang if constructed. However, the project and plans in the December, 2001
decision were approved by the Planning Board without a condition requiring relief for an
additional 15 foot rear setback and without reference to further zoning relief required for
this matter.
7. Given the Planning Board approval subsequent to the issuance of the Nicetta Memo it
would appear that a determination was made that the increased 15 foot rear setback
requirement did not in fact apply to the Property.
8. Notwithstanding whether the interpretation of the Building Inspector as set forth in the
Nicetta Memo was modified, it is nonetheless believed in the circumstances of this case,
where the property line in question does not touch to an abutting residential property but
rather to an intersecting roadway, that the increased 15 foot rear setback requirement
described in Footnote 2 of Table 2 should not apply for reasons described above.
Accordingly, for the reasons stated above, and others that will be presented at the hearing, the
Petitioner respectfully requests the Zoning pp Board of Appeals to annul the decision of the
Building Inspector as requested above, and allow the building permit to issue and for the
proposed structure to be erected as proposed upon finding that the minimum rear setback for the
property is 35 feet and without the need for a variance or other zoning relief.
Respectfully submitted,
GFM GENERAL CONTRACTING CORP.
By its attorney,
Brian G. Vaugh n, Esq.
SMOLAK&VAUGHAN LLP
820 Turnpike Street, Suite 203
North Andover, Massachusetts 01845
(978)327-5217
Town of North Andover Ot RTh
Office of the Planning Department ? ' " "''
Community Development and Services Division
iAl
27 Charles Street �o
+otA*�D
North Andover, Massachusetts 01845 'ss��,,,,s��
Telephone(978)688-9535
Fax(978)688-9542
N
Notice Of Decision o
7j CD
r,
Any appeal shall be filed �.,
Within (20) days after the `�' `' '
Date of filing this Notice o f"'C-)i
In the Office of the Town D o�U)o
Clerk M
w
Date: December 20, 2001 N
Date of Hearing: November 13, 2001,
December 4, 2001 & December 18, 2001
Petition of: Jean Paul Prou& 1812 Turnpike Street,North Andover, MA 01845
Premises Affected: 1812 Turnpike Street North Andover, MA 01845
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 8.3 and 10.3.
So as to allow: the construction of a two-story clapboard and wood/metal frame
office/retail building in the General Business Zoning District.
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Special Permit for Site Plan Review, based upon the following conditions:
Signed:'/
hn Sidions, Chairman
Cc: Applicant Alberto Angles, Vice Chairman
Engineer Richard Nardella, Clerk
Abutters Richard Rowen
DPW Felipe Schwarz
Building Department
Conservation Department
Health Department
ZBA
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Site Plan Review - Special Permit
1812 Turnpike Street
The Planning Board herein approves the Special Permit/Site Plan Review for the
construction of a 2-story clapboard and wood/metal frame 20,250 square foot office and
retail building located within the General Business Zoning District. This Special Permit
was requested by Jean Paul Proulx 1812 Turnpike Street North Andover, MA 01845.
This application was filed with the Planning Board on October 12, 2001. The applicant
submitted a complete application which was noticed and reviewed in accordance with
Sections 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 project as it is located in the
General Business Zone and involves the construction of a permitted use within the
General Business Zone. The North Andover Zoning By-Law Section 4.131, allows
retail establishment and office use within the General Business Zoning District.
2. The use as developed will not adversely affect the neighborhood as a sufficient buffer
has been provided. The first 15 feet of the total setback abutting the residential
district shall remain open and green and suitably landscaped, this has been provided
along the rear lot line.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The
applicant has demonstrated that the curb radii for the entrance/egress driveways are
adequate.
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4
as amended by the Planning Board,of the North Andover Zoning Bylaw;
5. The site drainage system is designed in accordance with the Town Bylaw
requirements and has been reviewed and approved by the Outside Consulting
Engineer, Coler&Colantonio.
6. The applicant has met the requirements of the Town for Site Plan Review as stated in
Section 8.3 of the Zoning Bylaw except for the waiver granted in Condition#21.
7. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.
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
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approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1. This approval is based on the fact that a restaurant will not be included in
the development. This restriction is required due to the fact that the parking
ratio is greater than that for office and retail. Presently, 10,000 SF of Retail
and 10,000 SF of office require 83 parking spaces, the proposed plan
provides parking for 83 spaces. If the development chooses to include a
restaurant(s), a site plan review special permit must be applied for from the
Planning Board.
2. 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.
3. 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.
4. 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 Town
Planner and subsequently endorsed by the Planning Board. The final plans
must be submitted for review within ninety days of filing the decision
with the Town Clerk.
b) A bond in the amount of ten thousand ($10,000) dollars must be posted
for the purpose of insuring that a final as-built plan showing the location
of all on-site utilities, structures, curb cuts, parking spaces, topography,
and drainage facilities is submitted. The bond is also in place to insure
that the site is constructed in accordance with the approved plan. The
form of security must be acceptable to the Planning Board.
c) Deeds and easements relative to the project must be supplied to the
Planning Staff.
5. Prior to the start of construction:
a) During construction, the site must be kept clean and swept regularly.
2
b) 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.
c) The Town Planner must be contacted and review the site prior to any
cutting on site. The applicant shall then supply a copy of a plan, certified
by a registered professional engineer, certifying that the trees have been
cut in accordance with the approved plans.
6. Prior to FORM U verification(Building Permit Issuance):
a) The Planning Board roust endorse the final site plan mylars and three (3)
copies of the signed 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 Planning Board recognizes that the applicant may want to construct the
building with the addition of columns and eaves as depicted on plans titled
Paul Proulx Retail/Office Building Elevations dated November 19, 1999 sheet
A-3.1 the Planning Board supports the addition of the columns and eaves. To
construct the additions the applicant must obtain a variance from the Zoning
Board of Appeals allowing a reduction to the 100-foot setback requirement.
A recorded copy of the Zoning Board of Appeals decision certifying the
variance has been granted must be provided to the Planning Department.
d) 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
pians 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.
e) The applicant must supply a copy of the approved Massachusetts Highway
Department permits necessary for access and construction of the site to the
Planning Department.
7. Prior to verification
of the Certificate of Occupancy.
a) The applicant must submit a letter from the architect and engineer of the
project stating that the building, signs, landscaping, lighting and site layout
substantially comply with the plans referenced at the end of this decision as
endorsed by the Planning Board.
3
b) 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 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.
c) 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 security:
a) The Planning Staff shall review the site. Any screening as may be
reasonably required by the Planning Staff will be added at the applicant'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 and reviewed by the Planning Staff and the Division of
Public Works.
9. 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 to minimize any dust problems that may
occur with adjacent properties. Any stock piles to remain for longer than one
week must be fenced off and covered.
10. In an effort to reduce noise levels, the applicant shall keep in optimum working
order, through regular maintenance, any and all equipment that shall emanate
sounds from the structures or site. No mechanical devices (i.e. HVAC, vents,
etc..) which may be visible from any surrounding roadways shall be placed on the
roof.
4
I 1. 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.
12. Any plants, trees or shrubs that have been incorporated into the Landscape Plan
approved in this decision that die within one year from the date of planting shall
be replaced by the owner.
13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
14. Gas, Telephone, Cable and Electric utilities shall be installed underground as
specified by the respective utility companies.
15. No open burning shall be done except as is permitted during burning season under
the Fire Department regulations.
16. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
17. Any and all signage plans for the site, which have been provided to the Planning
Board during the site plan review process were presented for the materials of the
signage only. Any signage plans must conform to Section 6, Signage and
Outdoor lighting Regulations of the Town of North Andover Zoning Bylaw. In
no way is the applicant to construe that the Planning Board has reviewed and
approved the signage plans for Zoning Compliance as that is the jurisdiction of
the Building Department.
18. 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.
19. 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.
20. Any revisions shall be submitted to the Town Planner for review. If these
revisions are deemed substantial, the applicant must submit revised plans to the
Planning Board for approval.
21. A waiver to Section 8.3.5.e.v of the North Andover Zoning Bylaw requiring
topography: contour intervals depicted at two (2') intervals is GRANTED due to
the fact that a one foot contour interval was chosen to properly illustrate the
drainage characteristics of a relatively flat site.
22. This Special Permit approval shall be deemed to have lapsed after
—.A (two years from the date permit granted) unless substantial
5
use or construction has commenced. Substantial use or construction will be
determined by a majority vote of the Planning Board.
23. The following information shall be deemed part of the decision:
Plan Titled: Office/Retail Development
Prepared For: Jean P Proulx
1812 Turnpike Street, North Andover,MA 01845
Prepared By: Allen &Major Associates, Inc
100 Commerce Way
P.O. Box 2118
Woburn,MA 01888
Scale: 1"=20'
Date: 12/23/99 revised 1/07/00, 1/07/00, 8/09/00, 3/30/01, 11/13/01 &
12/04/01
Plan Titled: Paul Proulx Office/Retail Building
Prepared By: Mulvanny Architects
11820 Norhup Way, Bellevue,WA 98005
Scale: 1/8"=1'-0"
Date: November 19, 1999
Report Titled: Drainage Calculations
Dated: October 12,2001
Prepared For: Jean P. Proulx
1812 Turnpike Street
North Andover, MA 01845
Prepared By: Allen&Major Associates, Inc
100 Commerce Way
P.O.Box 2118
Woburn,MA 01888-0118
Report Titled: Fiscal and Community Impact Report
Prepared for: Paul Proulx
1812 Turnpike Street
North Andover,MA 01845
Prepared by: Elmer A Pease
PD Associates,LLC Real Estate Consultants
1600 Candia Road Suite#7
Manchester, NH 03109
cc: Applicant
Engineer
File
6
Town of North Andover
Office of the Building Department }
Community Development and Services Division _
27 Charles Street 1* 4
North Andover,Massachusetts 0184.5
D. Robert Nicetta Telephone(978)688-9545
Building Commissioner Fax(978)688-9542
NIBMORANDT.AV1 FlECEIVED
To: Heidi Griffin,Director CD&S 10V 0 7
From: Robert Nicetta,Building Commissionerow From:
PLAINNINQ Qgp UVEA
Date: November 6,2001 �E7MENr
Re: OffimMetail Development
1812 Turnpike Street
I have reviewed the plans for the proposed development at the referred location and have the following
comments.
Pursuant to the Zoning By-law the front setback along Route.114 Shall be a minimum of 100 feet. The
setback on Drawing C-2 is 93 feet as the building footprint indicates a building overhang of 8 feet over the
foundation. A petition for a.Variance must be submitted to the Zoning Board of Appeals(ZBA).
The plan shows.Varying driveway widths.fram 18 feet to 24 feet.The Zoning By-law requires unobstructed
driveways not less than 25'feet wide. A ZBA variance is required.
Foot Note- 1,Paragraph -2 reads in part"Adjacent to residential districts,an additional 15 foot side or
rear set back shall be required The first 15 feet of the total setback abutting the residential district shall
remain open and green,be suitably landwapA unbuilt upon,unpaved and not parked upon". The plan
does not indicate compliance with this buffer requirement at the rear lot line.
No elevation or floor planshave been submitted to the Zoning.Enforcement Officer. It is impossible,at
this time,to determine if the building height requirement has been met Without floor plans of the building
indicating the type and square footage of retail and office spacetuse,it is not possible to determine the
number of required parking spaces.
The Pylon Sign as shown on Drawing C-2,is to be referred for sign by-law compliance to the Building
Commissioner/Zoning Enforcement Officer for permitting.
It is important that the petitioner not be allowed to pile snow in what appears to bean inadequate parking
area
BOARD OF APPEALS 698-9541 BUILDING 689-9545 CONSERVATION 688-9530 HEALTH 68&9540 PLANNING 688-9535
I, Ernest J. Tlorin,
z
of Andover, Essex County, 1V[8sachusetts.
d4.*rgxxw4r*9d, for considerationrant,aidt Je Paul.
p g toJeanR. Proulx
of North. Andover, Essex County$ Massachusetts with qudriaim ruvrum as
Two certain parcels of land, with the buildinf,s the :-eon, situated
on the northerly side of Turnpike Street in North Andover, in said County
and Commonwealth, and bein.L shown as "Plot k" and "Plot B" on a plan entitled:
"North Andover Plan of Land now oar formerly owned by A. ftouF..ton and f elen
Farnham, dated February 1958, Tarry D. Berry, Re.g. C.E*," recorded with ?North
Essex Registry of Deeds as Plan No. 3747.
Plot A is more particularl bounded and described as follows : L?ei-inning at
the northwest corner of the granted premises at a corner of the wall at the
junction of L3errnj St. and Turnpike St., thence runnins easterly b;, ,erry St.
four hundred forty-five (1} 5) feet to a stone bound; thence turns,, ani
runnin,, South 310 43+ blest one hundred fifty-eight (158) feet, r;ior•e or less,
to a stone bound on Turnpike St.; thence turnins and runninc- four hundred
thirt�l two and 61/100 (11.32.61) feet to a cross wall at the junCtiO.' of Berry
Street e.ric, said Turnpike Street; thence turning and runninf' ::ortrerly sixteen
(16) .feet, more or less, to the point of be;inninL . Together with any rights
and title I may have in the triani le north of the described nrenises at
cerr-, Street and _'urnpike Street.
Plot B is more particularlS bounded and described as follows: Beginnin : at a
stone bound at perry St. at the northeasterly corner of Plot A above describedi
thence rurulini b1, said Berry St. three hundred sixty-four (3E;t1.) feet to lard
now or formerly of Sarah-Beek; thence running South 60 48t Last sixty-nine and
6/10 (69.6)' feet to a corner of the wall; thence running; South 360 121 West
two hundred thirty-two (232) feet to a poin, in the northerly line of Turnpike
'Street, said point being. sixty-five (65) feet northwesterly froc a 7,Assachusetts'
HiFhway 3oivad; thence turning and running in a northwesterly direction by
Turnpike St. three hundred eif;lity-three and (35/10(? (383.85)° feet to a point at
the southeasterly corner of Plot A; thence ;urninf and running, in r'. north-
easterly direction b3.* said Plot A one hu�zdrud fifty-oight (1 ) fc;et to L:erry
Street and the point of beginning.
Leinfg the same prenises conveyed to me by Arthur Houp'hton Farnham et ux
by deed dated December 10, 1957, recorded with lvorth Essex i:ecistr of Leeds,
,00k 866, naf'e 296. See also Correati.on-Beed fr6r. 1s. Ifoukrhton Farnham et ux
to nr.e dated November 5, 1958, recorded with said F ep•istry, 'ook 864 Pa1;e 298
Said premises are ronveled subject to the ri;hts of the :.iddleton and
Danvers .Street , .ilwa Co., i " uny exists, ,&Ach na- have been acquired by
deeds recorded or a reenients recorded in iic^t'.- .Essex ..etistr� of Leeds,
;ool; lel, Pafe
406, and =ook 1107, Pn. ;e 200, respectivelly, also, to whatever
rights the Commonwealth of l:assachusetts ma;; have acquired under seeds of
taking recorded with said Registr;;, look 68,3, Pare 261, Zook 693, prgre 176,
Soo k 69!}, Page bis.
_oth parcels arc conveyed subject to. arty and all restrictions and
easements of record insofar as the s r,ie are now in force and appli.^.able.
t., S. 1 r;'c rl Rcvcnue Stamps
I, Irene D. Morin, of said grantor,
wife
release to said grantee all rights of
dower and homesteadand other interests therein.
. uilttPgg....our hagds and seats this...........23.rd..... .......day of.....Se. .tesak2s.r...........19.5.9..
7
'
................. ......... r'
...,��.c.._.�.j-i..t. ,;,.( `."-w?_•t......a...a,+,_.t..8d:...�C.-try
................... ..................... ...... t •.,
.... 2
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
Page:1
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
106.D 46&47 Jean Proux 1812 Turnpike Street,North Andover,MA 01845
Abutters Properties
Map Parcel Name Address
106.D 45 John Hagerty 1874 Turnpike Street,North Andover,MA 01845
106.D 63/74/75 One Hundred Fourteen Tr 51 Mount Joy Drive,Tewksbury,MA 01876
106.D 33 Frank Fiore 16 Berry Street,North Andover,MA 01845
107.13 171/172 Mesiti-Moore's Falls 100 Andover By-Pass,North Andover,MA 01845
107.B 161 Jyotirijiban Bhattacharya 40 Amberville Road,North Andover,MA 01845
107.B 170 Marco Pallotta 11 Anvil Circle,North Andover,MA 01845
107.8 156 Robert Carroll 21 Amberville Road,North Andover,MA 01845
107.B 157 Hemendra Shah 17 Amberville Road,North Andover,MA 01845
107.8 158 Nadarajha Subramanian 14 Amberville Road,North Andover,MA 01845
107.B 159 Ajay Bhandari 20 Amberville Road,North Andover,MA 01845
107.8 160 Aashu Virmani 30 Amberville Road,North Andover,MA 01845
107.B 174 Paul Ames 5 Anvil Circle,North Andover,MA 01845
107.B 162 Anthony Gouveia 50 Amberville Road,North Andover,MA 01845
107.B 77 Qing He 1845 Turnpike Street,North Andover,MA 01845
107.B 80 Nursing&Retirement 200 Blackstone 3rd.Fl.Andover MA 01810
fihIs certlfles that the names appearing on the
records of the Assessors ffice as of
Certified b ate l o
This certifies that the names appearing on the
records of the As ssor ffice as of
Certified b Date i a sd
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PLAN OF LAND IN NORTH ANDOVER, MASSACHUSETTS NORTH ANDOVER ZONING BOARD OF APPEALS
SCALE 1"=100' OCTOBER, 11, 2006 �p6�
PREPARED BY EASTERN LAND SURVEY ASSOCIATES, INC, MPP
RCE�3� o��°
104 LOWELL STREET PEABODY, MASS. 01938 (978)531-8121 P P 6' n, 06,
`j>�ss O
SEE SHEET 2 FOR PROPOSED SITE LAYOUT DETAILS •mss
OWNER OF RECORD BAY
JEAN P. PROULX ¢
1812 ANDOVER STREET PROPOSED
BUILDING
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NORTH ANDOVER, MA. 01845 D Q
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For Registry Use Only
TURNPIKE :STREET
I HEREBY CERTIFY THAT THIS PLAN CONFORMS TO
THE RULES AND REGULATIONS OF THE REGEISTERS
OF DEEDS OF THE COMMONWEALTH OF
MASSSACHUSETTS 'e- M A P 107B Pcl 161
Pd.159 Pd 160
Pct158.
I -TOPPER Pd. 80 Pcl77 Pcl172
Alt
Pcl 174. R04D
LOCUS MAP W to
Zv
Pc1157Pc1156
Pcl 170 Q
7�
MAP PARCEL NAME PROPOSED PARKING CALCULATION
106D 45 JOHN HAGERTY SEATING AREA IN CONVENIENCE STORE
106D 63,74,75 ONE HUNDRED FOURTEEN TR. ZONING EVALUATION 30 SEATS 0 1 SP/2SEATS = 15 SPACES
106D 33 FRANK FIORE REMAINDER OF CONVENIENCE STORE
T':Sa7-aY 107B 171,172 MESITI-MOORES FALLS ZONING DISTRICT GENERAL BUSINESS 1700 SF 0 5 SPj7000 SF = 9 SPACES
1078 161 JYOTINJIBAN BHATTACHARYA REQUIRED PROVIDED REMAINING RETAIL SPACE
Locus 107B 170 MARCO PALLOTTA ITEM "84 SF. 0 5 SP/1000 SF = 33 SPACES
'200-cr. 107B 156 ROBERT CARROLL LOT AREA 25,000 SF 88,974 f SF OFFICE, SPACE (SECOND FLOOR)
1078 157 HEMENDRA SHAH FRONTAGE 125 FT 383.05 FT 10911 SF 0 3 SP/1000 SF = 37 SPACES
107B 158 NADARAJHA SUBRAMANIAN FRONT YARD 100 FT 106 FT REQUIRED PARKING = 94 SPACES
1078 159 AJAY BHANDARI PROPOSED PARKING = 98 SPACES
107B 160 AASHU VIMANI SIDE YARD 25' FT (1) 95' SCALE 1"=100'
1078 174 PAUL AMES REAR YARD 35 FT (1) > 35 FT
107B 162 ANTHONY GOUVEIA
107B 77 QING HE MAXIMUM HEIGHT 45 FT. 50 FT. 0 100 200 300
107B 80 NURSING & RETIREMENT MAXIMUM LOT COVERAGE 35 % 23.92% F14562 SHEET 1 OF 2
NORTH ANDOVER ZONING BOARD OF APPEALS PLAN OF LAND IN NORTH ANDOVER, MASSACHUSETTS OWNER OF RECORD
SCALE 1"=40' OCTOBER, 11, 2006 JEAN P. PROULX
PREPARED BY EASTERN LAND SURVEY ASSOCIATES, INC. 1812 ANDOVER STREET
104 LOWELL STREET PEABODY, MASS. 01938 (978)531-8121 NORTH ANDOVER, MA. 01845
PNK \ORE S\OEN�PL 51 9 51 `ro p
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15 Spces �-
1 HEREBY CERTIFY THAT THIS PLAN CONFORMS TO 25'THE RULES AND REGULATIONS OF THE REGEISTERS PROPOSED _ PROPOSE
OF DEEDS OF THE COMMONWEALTH
MASSSACHUSETTS `� "� EASEMENT SIGN
_17 PH N55'17'29"W 383.85'
IO^ R=30
� k R=30 SCALE 1"=40'
F14562
TURNPIKE 'Ro 114 STREET
x . 0 40 80 120 SHEET 2 OF 2
PAGE 4 of 4 FINDING
9. WRITTEN DOCUMENTATION
Application for a Finding must be supported by a legibly
written or typed memorandum setting forth in detail all
facts relied upon_ When requesting a finding from the *10 C. *Features To Be Included On Plan:
requirements of MGLA ch. 40A, and the North Andover 1) Site Orientation shall include:
Zoning By-laws, all dimensional requirements shall be 1. north point
clearly identified and factua y supported. Each point, 2. zoning district(s)
A-C individually, is required to be addressed with 3. names of streets
this application. 4. wetlands(if applicable)
5. abutters of property, within 300'radius
A. The particular use proposed for the land or 6. locations of buildings on adjacent properties
structure. within 50'from applicants proposed structure
B_ Fact(s) relied upon to support a Finding that the 7. deed restrictions, easements-
proposed extension or alteration shall not be more 11)Legend&Graphic Aids:
substantially detrimental than the existing non- 1. Proposed features in solid lines&outlined in red
conforming use. 2. Existing features to be removed in dashed lines
Graphic Scales
C. Address ail appropriate details of the Building 3.
Commissioner's denial_ 4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
10. PLAN OF LAND applicant, owner or record, and designer or
Each application to the Zoning Board of Appeals shall surveyor.
be accompanied by the following described plan. Plans 10 0. Wmor Projects
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty(3o)days Minor projects,such as decks,sheds,and garages,
prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with
appeals_ an. asterisks(1. In some cases further information may
be required
A set of building elevation plans by a Registered
Architect may be required when the application involves
neve construction/conversiord and/or a proposed change 11.APPLICATION FILING FEES
in dse- A. Notification fees:Applicant shall provide a
check or money order to: "Town of North Andover-
10 A. Major Projects #022-17604841'for the Cost of first class, certified,
Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all
following whether existing or proposed: parties in interest identified in MGLA ch.40A§11 on the
I)five or more parking spaces, abutter's list for the legal notice check. Also, the
LQ three(3)or more dwelling units, applicant shall supply first Gass postage stamps
III)2000 square feet of building area (cuRaritly 370)x the#of parties of interest on the
Major Projects shall require that in addition to the 10B& abutter's list for the decision mailing.
C features, plans must show detailed utilities, soils, and B. Mailing labels: Applicant shall provide four(4)
sets of mailing labels no larger than 1'x2-5/8'(3 copies
topographic information. for the Legal mailing and one copy for the Decision
mailing).
X10. B. *Plan Specifications: C. Administrative fee of$50.00 per application_
t) Size of plan: Ten (10)paper copies of a plan
not to exceM 11"x17", preferred scale of 1"=40'
II)One(1)Mylar.
BI) Plan prepared by a Registered Professional
Engineer and/or Land Surveyor, with a block for
five(5)ZBA signatures and date indicated on the
Mylar.
-Lw
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-885
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling out 1. Applicant:
forms on the Mesiti Development
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the 11 Old Boston Rd. MA 01876
return key. City/Town State Zip Code
4:1 2. Property Owner(if different):
SO David White
Name
58 Balmoral St
Mailing Address
Andover MA 01276
City/Tcwn State Zip Code
B. Finding information
The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on:
3/7/01
Date
for work at: — �
Rte. '114 Sale Turnpike map 106D-108C-107B lots-8,37,57-
Street
ots-8,37,57-Street Address Assessor's Map/Plat Number 48-77
ParceVLot Number
recorded at the Registry of Deeds for:
ESSEX PI#1128
County Book Page
Certificate(if registered land)
is hereby extended until
5/1912002
Date
This date;can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended (if applicable):
Date
Issued by:
North Andover
Conservation Commission
wpaform7.doc•rev.3/7/01 Page 1 of 3
ULMassachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-885
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Finding Information (cont.)
This Order of Conditions Exten ' n must be signed by a majority of the Conservation Commission and a
copy sent to the applicant the appropriate DEP Regional Office(see Appendix A).
Signatures:
a D-ttt--(�
On 7th Of March
Day Month and Year
before me personally appeared
Scott Masse, Chairman
to me known to be the person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her free act and deed. JACKI BYERLEY
Notary Public
_ My Commission Expires
ary Public My Commission Expires July 5,2007
v
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions(see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of
the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under
the name of the owner of the land upon which the proposed work is to be done. In the case of registered
land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
wpaform7.doc-rev.3/7/01 Page 2 of 3
L
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 7 — Extension Permit for Orders of Conditions 242-885
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation (cont.)
To:
North Andover
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
rte. 114 Salem Turnpike 242-885
Project Location DEP File Number
has been recorded at the Registry of Deed of:
Essex
County
for:
David white
Property Owner
and has been noted in the chain of title of the affected property in accordance.with General Condition 8 of
the original Order of Conditions on:
5/19/99 PL#11028
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform7.doc•rev.3/7/01 Page 3 of 3