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HomeMy WebLinkAboutMiscellaneous - 0 TURNPIKE STREET (3) Jay "AW COMMONWEALTH OF MASSACHUSETTSC, LAND COURT DEPARTMENT ESSEX, ss. MISC. CASE NO hV4i7- A BENJAMIN G. FARNUM, } Plaintiff ) V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE,RICHARD J. BYERS, ) ALBERT P. MANZI, III, AND THOMAS D. IPPOLITO, AS THEY } CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) Defendants. ) } NOTICE OF APPEAL (PETITION 2005-017) Pursuant to the provisions of G. L. c. 40A, §15, Benjamin G. Farnum hereby gives this Notice of Appeal of North Andover Board of Appeals Decision (Petition 2005- 017). As grounds therefore, Famum states that the Board of Appeals exceeded its authority in granting the relief requested by the Applicant Key Lime, Inc. and that the Decision is unreasonable, arbitrary and capricious. Respectfully submitted, Benjamin G. Farms-- By his attorney. Fran isi ire BBO Murtha Cu TiLLP 600 Unicorn Park Drive Woburn, MA 01801 Tel: (781)933-5505 Dated: August 12, 2005 at"°RT&'; Town of North Andover town©ere Time stamp Community Development and Services Di `' T�O AOSHAW Office of the Zoning Board of Appeals syi 400 Osgood Street ,,!-r_ North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 - Building Commissioner Fax (978)688-9542 Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen. L.ch. 40A,§17 Pro at: Turnpike Street,Map 107B,Parcels 16&73 NAME: Key Lime,Inc.,60 Beechwood Drive, HEARING(S): July 12,2005 North Andover,MA ADDRESS: for premises at: Turnpike Street, PETITION: 2005-017 Map 1WM,Parcels 16&73 North Andover,MA 01845 TYPING DATE: July 15,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,July 12,2005 at 7:30 PM upon the application of Key Lime,Inc.,60 Beechwood Drive,North Andover,MA for premises at.Turnpike Street, Map 10713,Parcels 16&73,North Andover requesting a dimensional Variance from Section 8,Paragraph 8.5.6.0(distance between structures),Table 2,Footnote I (setback from Route 114),and Table 2(one unit per acre)for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings. Said premises affected are properties with frontage on the Northeast side of Turnpike Street within the VR zoning district. Legal notices were published in the Eagle-Tribune on June 27 &July 5,2005 and all abutters were notified by mail. The following members were present: Ellen P.Mchityre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D.Ippolito. The following non-voting member was present: Richard M.Vaillancourt. Upon a motion by Joseph D.LaGrasse,amended by Albert P.Manzi,III,and 2°d by Richard J.Byers the Board voted.to GRANT a dimensional Variance from Section 8,Paragraph 8.5.6.0(54'distance between structures)for 30'of relief,Table 2,Footnote 1 (100'setback from Route 114)for 40'of relief and Table 2 (one unit per acre)2 units per acre of relief for the 37 units from the requirements of the Zoning Bylaw per Plan for Board of Appeals,Old Salem Village,North Andover,Mass.,Applicant,Key-Lime,Inc.,60 Beechwood Drive,North Andover,MA.01845 Date:June 15,2005[by]Peter J.Ogren,P L S#33604,June 22,2005,Hayes Engineering,Inc.,603 Salm Street,Wakefield,Mass.01880,Sheets 1-3. With the following condition: 1. The applicant shall provide landscape barriers,such as spruce trees,to compensate for the decreased distances between units and the decreased distance between units and Route 114. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Thomas D. Ippolito. The Board finds that the revised plan for Old Salem Village has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of these Variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw because the revised plan for 37 units will create less residential density along Route 114(Turnpike Street)than the original plan for 56 units that did conform to the Village Residential(VR)District requirements. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North AndoverEil Office of the ZAppeals a °� JOY �AII -HAV Zoning Board of pp T N ERx Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 'ssk,x,s h6kohiiaRtcettar-\ '0= Vit! Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, 1 'kj� Aj,�'. Ellen P.McIntyre,Chair 41 Decision 2005-017. M107BP16&73. Page 2 of 2 I Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 RE . Jay HAV COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT ESSEX, ss. MISC. CASE NO Zi4-hV4i7— A 9.s f BENJAMIN G. FARNUM, ) Plaintiff ) V. ) } ELLEN MCINTYRE, JOSEPH D. LAGRASSE,RICHARD J. BYERS, ) ALBERT P. MANZI, III, AND THOMAS D. IPPOLITO, AS THEY ) CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) Defendants. ) NOTICE OF APPEAL (PETITION 2005-017) Pursuant to the provisions of G. L. c. 40A, §15, Benjamin G. Farnum hereby gives this Notice of Appeal of North Andover Board of Appeals Decision(Petition 2005- 017). As grounds therefore, Farnum states that the Board of Appeals exceeded its authority in granting the relief requested by the Applicant Key Lime, Inc. and that the Decision is unreasonable, arbitrary and capricious. Respectfully submitted, Benjamin G. Fariu�-- By his attorney, Francis i ire BBO Murtha Cu ling LLP 600 Unicorn Park Drive Woburn, MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 Town of North.Andover Town Clerk Time Stamp Community Development and Services Di Office of the Zoning Board of Appeals ` $f13SHW Osgood Street North Andover,Massachusetts 01845 D. Robert Nic e p ( )tta Telephone 978 688-9541 3r Building Commissioner Fax (978)688-9542 Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A,§17 Property at: Tompike Street,Map 10711,Parcels 16&73 NAME: Key Lime,Inc.,60 Beechwood Drive, REARING(S): July 12,2005 North.Andover,MA ADDRESS: for premises at:Turnpike Street, PETITION: 2005-017 Map 107B,Parcels 16&73 North Andover,MA 01845 TYPING DATE: July 15,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,July 12,2005 at 7:30 PM upon the application of Key Lime,Inc.,60 Beechwood Drive,North Andover,MA for premises at:Turnpike Street, Map 107B,Parcels 16&73,North Andover requesting a dimensional Variance from Section 8,Paragraph 8.5.6.0(distance between structures),Table 2,Footnote I (setback from Route 114),and Table 2(one unit per acre)for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings. Said premises affected are properties with frontage on the Northeast side of Turnpike Strut within the VR zoning district. Legal notices were published in the Eagle-Tribune on June 27 &July 5,2005 and all abutters were notified by mail. The following members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D.Ippolito. The following non-voting member was present: Richard M.Vaillancourt. Upon a motion by Joseph D.LaGrasse,amended by Albert P.Manzi,III,and 2°a by Richard J.Byers the Board voted to GRANT a dimensional Variance from Section 8,Paragraph 8.5.6.0(50'distance between structures)for 30'of relief,Table 2,Footnote 1 (100'setback from Route 114)for 40'of relies;and Table 2 (one unit per acre)2 units per acre of relief for the 37 units from the requirements of the Zoning Bylaw per Plan for Board of Appeals,Old Salem Village,North Andover,Mass.,Applicant,Key-Lime,Inc.,60 Beechwood Drive,North Andover,MA.01845 Date:June 15,2005(by]Peter J.Ogren,P L S#33604,June 22,2005,Hayes Engineering,Inc.,603 Salem Street,Wakefield,Mass.01880,Sheets 1-3. With the following condition: 1. The applicant shall provide landscape barriers,such as spruce trees,to compensate for the decreased distances between units and the decreased distance between units and Route 114. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Thomas D. Ippolito. The Board finds that the revised plan for Old Salem Village has satisfied the provisions of Section 10, paragraph 10.4 of the ZoningBylaw in that the of these Variances will not adverse affect the y� t�� adversely neighborhood or derogate from the intent and purpose of the Zoning Bylaw because the revised plan for 37 units will create less residential density along Route 114(Turnpike Street)than the original plan for 56 units that did conform to the Village Residential(VR)District requirements. Page I of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover �tORTN Office of the Zoning Board of Appeals $HAW g pp To, R Community Development and Services Division „ 400 Osgood Street North Andover,Massachusetts 01845 jj'Ro a&Eettit '0: L11 Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, -)� M 0A Ellen P.McIntyre,Chair Decision 2005-017. M107BP16&73. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 r JOY -8 AW COMMONWEALTH OF MASSACHUSETTS 0 1 LAND COURT DEPARTMENT ESSEX, ss. MISC. CASE NO BENJAMIN G. FARNUM, ) Plaintiff ) V. ) ELLEN MCINTYRE, JOSEPH D. LAGRASSE,RICHARD J. BYERS, ) ALBERT P. MANZI, III, AND THOMAS D. IPPOLITO, AS THEY ) CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, ) Defendants. ) NOTICE OF APPEAL (PETITION 2005-017) Pursuant to the provisions of G. L. c. 40A, §15, Benjamin G. Farnum hereby gives this Notice of Appeal of North Andover Board of Appeals Decision (Petition 2005- 017). As grounds therefore, Famum states that the Board of Appeals exceeded its authority in granting the relief requested by the Applicant Key Lime, Inc. and that the Decision is unreasonable, arbitrary and capricious. Respectfully submitted, Benjamin G. F -- - By his attorney, Fran is ire BBO Murtha Cu lina LLP 600 Unicorn Park Drive Woburn, MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 OE NOWT:�o Town of North Andover Town Clerk Time stamp Community Development and Services Divi ' i� OSHAW Office of the Zoning Board of Appeals` ` -� - • g ?t� N'CLE 4DO Osgood Street r. North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen.L. ch. 40A,§17 Pro rty at: Turnpike Street,Map 107B,Parcels 16&73 NAME: Key Lime,Inc.,60 Beechwood Drive, HEARING(S): July 12,2005 North Andover,MA ADDRESS: for premises at: Turnpike Street, PETITION: 2005-017 Map 107B,Parcels 16&73 North Andover,MA 01845 TYPING DATE: July 15,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,July 12,2005 at 7:30 PM upon the application of Key Lime,Inc.,60 Beechwood Drive,North Andover,MA for premises at:Turnpike Street, Map 107%Parcels 16&73,North Andover requesting a dimensional Variance from Section 8,Paragraph 8.5.6.0(distance between structures),Table 2,Footnote I (setback from Route 114),and Table 2(ane unit per acre)for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings. Said premises affected are properties with frontage on the Northeast side of Turnpike Street within the VR zoning district. Legal notices were published in the Eagle-Tribune on June 27 &July 5,2005 and all abutters were notified by mail. The following members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D.Ippolito. The following non-voting member was present: Richard M.Vaillancouitt. Upon a motion by Joseph D.LaGrasse,amended by Albert P.Manzi.,III,and 2nd by Richard J.Byers the Board voted to GRANT a dimensional Variance from Section 8,Paragraph 8.5.6.0(50'distance between structures)for 30'of relief Table 2,Footnote 1 (100'setback from Route 114)for 40'of relief and Table 2 (one unit per acre)2 units per acre of relief for the 37 units from the requirements of the Zoning Bylaw per Plan for Board of Appeals,Old Salem Village,North Andover,Mass.,Applicant,Key-Lime,Inc.,60 Beechwood Drive,North Andover,MA.01845.Date:June 15,2005[by]Peter J.Ogren,P L S#33604,June 22,2005,Hayes Engineering,Inc.,603 Salem Street,Wakefield,Mass.01880,Sheets 1-3. With the following condition: 1. The applicant shall provide landscape barriers,such as spruce trees,to compensate for the decreased distances between units and the decreased distance between units and Route 114. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Thomas D.Ippolito. The Board finds that the revised plan for Old Salem Village has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of these Variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw because the revised plan for 37 units will create less residential density along Route 114(Turnpike Street)than the original plan for 56 units that did conform to the Village Residential(VR)District requirements. Pagel of2 Board of Appeals 978-688-9541 Building - pp 978-688 9545 Conservation 978-68$-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f NORTIi Office of the ZoningBoard of AppealJ91Y AW s }? `OWN LURK Community Development and Services Division # ; 400 Osgood Street 'li ��rao North Andover,Massachusetts 01845 t Telephone 978 688-9541 Building Commissioner p ( } Fax (978)688-9542 Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair Decision 2005-017. M107BP16&73. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 RE R Joyf: HAW COMMONWEALTH OF MASSACHUSETTS '91 l;1_l`RK LAND COURT DEPARTMENT ESSEX, ss. MISC. CASE NO co BENJAMIN G. FARNUM, ) Plaintiff ) V. } ELLEN MCINTYRE, JOSEPH D. LAGRASSE, RICHARD J. BYERS, ) ALBERT P. MANZI, III, AND THOMAS D. IPPOLITO, AS THEY ) CONSTITUTE THE NORTH ANDOVER BOARD OF APPEALS, ) KEY LIME, INC. AND THE TOWN OF NORTH ANDOVER, } Defendants. ) NOTICE OF APPEAL (PETITION 2005-017) Pursuant to the provisions of G. L. c. 40A, §15, Benjamin G. Farnum hereby gives this Notice of Appeal of North Andover Board of Appeals Decision (Petition 2005- 017). As grounds therefore, Farnum states that the Board of Appeals exceeded its authority in granting the relief requested by the Applicant Key Lime, Inc. and that the Decision is unreasonable, arbitrary and capricious. Respectfully submitted, l Benjamin G. F By his attorney, Fran is i ire BBO Murtha Cu Lina LLP 600 Unicorn Park Drive Woburn, MA 01801 Tel: (781) 933-5505 Dated: August 12, 2005 o.'Oath +� Town of North Andover Town clerk Time Stamp �r Community Development and Services Divi ' € IVE w Office of the Zoning Board of Appeals Tr RADSHAW 400 Osgood Street North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 7. Building Commissioner Fax (978)688-9542 Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A,§17 Property at: Turnpike Street,Map 1078,Parcels 16&73 NAME: Key Lime,Inc.,60 Beechwood Drive, HEARING(S): July 12,2005 North Andover,MA ADDRESS: for premises at:Turnpike Street, PETITION: 2005-017 Map 1078,Parcels 16&73 North Andover,MA 01845 TYPING DATE: July 15,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,July 12,2005 at 7:30 PM upon the application of Key Lime,Inc.,60 Beechwood Drive,North Andover,MA for premises at:Turnpike Street, Map 107B,Parcels 16&73,North Andover requesting a dimensional Variance from Section 8,Paragraph 8.5.6.0(distance between structures),Table 2,Footnote I (setback from Route 114),and Table 2(one unit per acre)for relief from the requirements of the Zoning Bylaw in order to construct thirty-seven dwelling units in nineteen buildings. Said premises affected are properties with frontage on the Northeast side of Turnpike Stream within the VR zoning district. Legal notices were published in the Eagle-Tribune on June 27 &July 5,2005 and all abutters were notified by mail. The following members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D.Ippolito. The following non-voting member was present: Richard M.Vaillancourt. Upon a motion by Joseph D.LaGrasse,amended by Albert P.Manzi,III,and tad by Richard 7 Byers the Board voted to GRANT a dimensional Variance from Section 8,Paragraph 8.5.6.0(50'distance between structures)for 30'of relief Table 2,Footnote 1 (100'setback from Route 114)for 40'of relief and Table 2 (one unit per acre)2 units per acre of relief for the 37 units from the requirements of the Zoning Bylaw per Plan for Board of Appeals,Old Salem Village,North Andover,Mass.,Applicant,Key-Lime,Inc.,60 Beechwood Drive,North Andover,MA.01845 Date:June 15,2005[by]Peter J.Ogren,P L S#33604,June 22,2005,Hayes Engineering,Inc.,603 Salem Street,Wakefield,Mass.01880,Sheets 1-3. With the following condition: 1. The applicant shall provide landscape harriers,sack as spruce trees,to compensate for the decreased distances between units and the decreased distance between units and Route 114. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Thomas D.Ippolito. The Board finds that the revised plan for Old Salem Village has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of these Variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw because the revised plan for 37 units will create less residential density along Route 114(Turnpike Street)dm the original plan for 56 units that did conform to the Village Residential(VR)District requirements. Page I oft Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals A 9 S��W g pp �? •!:0 4 '• C� Tt4 MERK Community Development and Services Division ,. 400 Osgood Street *'y'�O++no✓� ,�y* blu`Rol%ac1 gkett;k'A' 'r: 2! North Andover,Massachusetts 01845 'ss' F` Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, &-,,) � w Ellen P.McIntyre,Chair Decision 2005-017. M107BP16&73. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535