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Miscellaneous - 1025 OSGOOD STREET 4/30/2018 (6)
GveGl" ►�a,�� CYossi w�,2 LLC, Mar sr p Fflad[.s Q 402 Appmof(m mea ae s2 o? Hewing due - w� t8_ -off Decision due 1005-1015- -�-Cv 6 -va3 .r Town of North Andover ZONING BOARD OF APPEALS ;Obert P. Mmizi 11.1, l sq. Chairman lillen P. Mc1111}ire, 1 ire -Chairman Richard J. Byers, Esq. Clerk Joseph ID. 1_aGrassc David R. Webster / l sso�iale A-lembers Thomas D. Ippolito Richard M. V.01ancourt Daniel S. Iiraese, Esq. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, 417 Notice of Decision Year 2008 Property at: 1005-1025 Osgood Street +� ! n, :_ Town Clerk Time Stamp NAME: Great Pond Crossing, LLC, HEARING(S): April 8, 2008 865 Turnpike Street, North Andover, MA Site Development & Landscape Plan, Assessors Map 35 Lot 20, 1025 Osgood Street, North Andover, Massachusetts, Prepared for: Hearthstone Realty Corp., 28 Andover Street, Andover, MA 01810 ADDRESS: for premises at: 1005-1025 Osgood PETITION: 2008-003 Street Christopher Francher, #36116, MHF Design Consultants, 103 Stiles Road, Suite One, Salem, NH 03079 North Andover, MA 01845 TYPING DATE: April 10, 2008 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall Meeting Room, 120 Main Street, North Andover, MA on Tuesday, April 8, 2008 at 7:30 PM upon the application of Great Pond Crossing, LLC, 865 Turnpike Street, for premises at: 1005-1025 Osgood Street (Map 35, Parcel 20), North Andover, MA requesting a Special Permit from Section 6, Paragraph 6.6.D.2 of the Zoning Bylaw in order to construct a permanent ground sign greater than the maximum 25 square feet and maximum 8 foot height. Said premise affected is property with frontage on the South side of Osgood Street within the GB zoning district Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on February 25 & March 3, 2008. There was no quorum at the March 11, 2008 meeting. Richard J. Byers read the legal notice to open the hearing during the April 8, 2008 meeting. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Ellen P. McIntyre the Board voted to GRANT a Special Permit from Section 6, Paragraph 6.6.D.2 of the Zoning Bylaw in order to construct a permanent ground sign frame structure not to exceed thirteen feet (13') in frame height, not to exceed eleven feet six inches (11.5') in frame width, and not to exceed forty-eight square feet (48 sq. ft.) sign surface area, per: Site: 1005-1025 Osgood Street (Map 35, Parcel 20), North Andover, MA 10845 Site Plan Title: Site Development & Landscape Plan, Assessors Map 35 Lot 20, 1025 Osgood Street, North Andover, Massachusetts, Prepared for: Hearthstone Realty Corp., 28 Andover Street, Andover, MA 01810 Is Date - Last Date: 4/8/05 - 6/21/06 Registered Professional Land Surveyor: Christopher Francher, #36116, MHF Design Consultants, 103 Stiles Road, Suite One, Salem, NH 03079 Sheet/Drawing: Essex North Registry of Deeds Plan #15535, registered on 10-6-2006 Sign Design Description greatpond dig. [Dimensions and design of proposed ground sign frame and sign surface area] Customer Information Willard D. Perkins, Great Pond Crossing, 1005 Osgood Street, N. Andover, MA Sign Company Hammar & Sons, Inc. P.O. Box 196, 71 Bridge Street, Pelham, NH 03076 Sheet/Drawings [proposed sign dimensions] and Tenant Plaque Area 24 sq ft. & 48 sq. ft. Page 1 of 2 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover. MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - wxvw.to\vnotinorthandover.coni 1 Albert P. 9fanzi Ili, Esq. C 17airman Ellen P. \4clntyre, G ire -C h6drman Richard ]. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster i I ssnriale Members 'llaomas D. Ippolito Richard N4. Vaillancourt Daniel S. Braese, Esq. Town of North Andover ZONING BOARD OF APPEALS � .1)F16 e�(.,J � Lliui if1i L R � u.• �t� Town Clerk "lime Stamp With the following conditions: 1. The proposed sign shall be located on 1005-1025 Osgood Street [Map 35, Parcel 201 as shown on the above -sited Plan #15535 and in accordance with the conditions in the Planning Board Site Plan Special Permit dated September 5, 2006 and the Planning Board Watershed Special Permit dated September 5, 2006. 2. External illumination shall focus on the sign face, only. If ground lighting is provided, the light source shall be screened from oncoming traffic. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The Board finds that the applicant has satisfied the provisions of Section 6, Paragraph 6.6.D.2 of the Zoning Bylaw and finds that the granting of this Special Permit for a ground sign larger than 25 sq. ft. and higher than 8' at 1005- 1025 Osgood Street (State Routes 125 & 133) is an appropriate location for a maximum 13'x11.5' ground sign frame with a maximum 48 sq. ft. sign face. The Board finds that the proposed sign is not incongruous with other State Route 125 business district ground signs. The Board finds that this ground sign, as constructed under the above conditions, with enduring materials color -matched to the 1005-1025 structures as depicted in the above cited sign drawings help provide for the proper operation of the site, will not adversely affect the neighborhood, nor be injurious to traffic and safety conditions therein, nor be a nuisance or serious hazard to vehicles or pedestrians by providing an unobstructed sight line below the sign face. The Board finds that this Special Permit is in harmony with the general purpose and intent of Section 6, Paragraph 6.2.3. "to encourage signage and lighting which aid communication, orientation, identify activities...". The purpose of the proposed sign is to identify the 1005-1025 occupants to vehicles on state routes 125 &133; especially, to identify the lower level occupants, which are not visible from the road. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. 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 Inspector of Buildings. 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. 1 North Andover Zoning Board Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Decision 2008-003. M35P20. Page 2 of 2 1600 Osgood St., 131dg 20 - Suite 2-36, Notth Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www, tow7iolnorthandover.coin 9 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R Webster Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover, Board of Appeals nu- FEB 20 H 4' 19 Town Clerk Time Stump Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearin& in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 11 of March, 2008 at 7:30 PM to all parties interested in the application of Great Pond Crossing, LLC, 865 Turnpike Street, for premises at: 1005-1025 Osgood Street (Map 35, Parcel 20), North Andover, MA requesting a Special Permit from Section 6, Paragraph 6.6.D.2 of the Zoning Bylaw in order to construct a permanent ground sign greater than the maximum 25 square feet and maximum 8 foot height. Said premise affected is property with frontage on the South side of Osgood Street within the GB zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, IlI, Chairman Published in the Eagle -Tribune on February 25 & March 3, 2008. Legalnotice 2008-003. M3 5P20. 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - ww w.townofnorthandover.corn 02/14/2008 02:38 FAX 978 685 0049 GRASSO CONST Grasso Construction Co., Inc. General Contractors -Developers _ TELECOPIER COVER. SHEET DATE--2/� /0 9 Q001 865 Turnpike $trat (Rte -114) North Andover, MA 0184,5 'lel(978)688.8895 Pax (978) 685-0049 TO: NAME: ITCH COMPANY- !ZO AJ,11V 6, LIE I1� to a 0 it A)- 6! - CITY/S'T'ATE: p TELEPHONE NUMBER: 7 ! g 4-9-��l___ TELECOPIER NUMBER: FROM: NAME: 014 tJ CM.S S-12 -- DESCRIPTION; �' �yW COMMENT (S): NUMBER OF PAGES IN TRANSMITTAL (INCLUDING COVER SHEET): IF YOU DO .NOT RECEIVE THE INDICATED NUMBER OF PAGES OR HAVE ANY QUESTIONS, PLEASE CALL US (978) 688-8895. North Andover ZONING BOARD OF APPEALS Top Floor Meeting Room, Town Hall, 120 Main Street, North Andover, MA 01845 Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Bldg. 20, Suite 2-36 North Andover, Massachusetts 01845 Re: The application of Great Pond Crossing, LLC for a(n) Commercial Special Permit to allow 6.6.D.2 of the Zoning Bylaw in order to construct a permanent ground sign greater than maximum 25 square feet and maximum 8 foot height., dated February 15, 2008. Z.B.A. Hearing No 2008-003-1653 DETAILED RECORD AND DECISION NORTH ANDOVER Board of Appeals, hereby certifies that the following is a detailed recons of the board's proceedings and decision regarding the above captioned application regarding the property located at Map='035.0' and Block='0020' which property is affected by this decision. The above captioned application requests a(n) Commercial Special Permit from 6.6.D.1 of the North Andover Code to allow 6.6.D.2 of the Zoning Bylaw in order to construct a permanent ground sign greater than maximum 25 square feet and maximum 8 foot height.. A true copy of the application is on file in the Clerk's Office. A notice of public hearing on this application, a true copy of which is on file in the Office of the City Clerk was: 1. Published in the Eagle -Tribune, a newspaper of general circulation in the North Andover on ... and .... 2. Posted in a conspicuous place in the Town of NORTH ANDOVER on ... which was at least 14 days prior to the hearing; and 3. Mailed, postpaid on ..., which is at least 14 days before the hearing to the petitioner, abutters, owners of land directly opposite the property in. question on any public or private street or way, abutters to abutters within 300 feet of the subject property, the planning boards of the abutting towns. The notice was mailed to the names and addresses shown on the most recent tax list provided by the assessors's office. The public hearing was opened on March 11,2008 at ... at which time opportunity was given to all those interested to be heard in favor or opposition to the application. The public hearing was closed on .... GeoTMS®1888 Des Lauders & Associates, Inc. Page 1 of 2 Great Pond Crossing, LLC Map='035.0' and Block='0020' Page 2 Based on the evidence and testimony presented at the public hearing, the Board made the following findings that: 1. .... 2. A literal enforcement of the Bylaw would be a substantial hardship to the owner in that .... 3. There will not be substantial derogation from the intent and purpose of the bylaw because Any person aggrieved by a decision of the Board of Appeals may file an appeal pursuant to General Laws C.40A, S.17. Such appeal must be filed within twenty (20) days after the date of filing of the notice of the Board's decision with the Clerk's Office. The following members were present and voted as follows: cc: City Administrator Board .of Health Planning Board Signatures: Petitioner DPW Conservation Commission File GeoTMS®1998 Des Lauriers & Associates, Inc. Page 2 of 2 ZBA 9Date ... �.T...�. TOWN OF NORTH ANDOVER RECEIPT This certifies that ri..... ¢..1�, has paid...V-6.1.... .aE ....�... '. •' + .....!!Z��.. e f3s for. .... q.6.61?f.',�....... tm'.:.14r..o�..!G,���,911.... Receivedby ................................................... Department................ '.. --...................................................... WHITE: Applicant CANARY: Department PINK: Treasurer ZBA Date .. .7..%.....'..<..?. TOWN OF NORTH ANDOVER RECEIPT (1"C This certifies that ... Q*If��.5519 .... Corn - .- . t� �7 - — has ......... for... ......... 5..V ........ ..... 0�7 Receivedby ... ....................................... Department.................................................... ....................... Ao WMTE: Applicant CANARY: Department PINK: Treasurer �-=1L Zoning Board of Appeals North Andover Hearing No.: ZBA-2008-0009 Date: February 20, 2008 APPLICATION TYPE: SUBMISSION DATE: Commercial Special Permit Fri Feb 15, 2008 Annlicahft Name: NAME: Great Pond Crossf , LLC ADDRESS: 665 Turnpike Street TOWN: SARASOTA TOWN: NORTH ANDOVER STATE MA I ZIP CODE: 01645 PHONE NO.: 78 6884895 FAX NO.: 78 6860049 EMAIL ADORESS: APPEAL DEAD 1 Site Information: Work Location.: 1025 OSGOOD STREET TOWN: SECTION NORTH ANDOVER MA 01845 6.6.D.1 GIS# MAP I SLOM. I LOT. ACTIONTI 1653 I 0W 0 1 0020 Awner`c Name! NAME GOODWIN TRUST C/O RUSSELL TREADWEL ADDRESS: 3521 HUNTINGTON PLACE DRIVE TOWN: SARASOTA STATE: FL ZIP CODE 34237 PHONE NO.: FAX NO.: EMAIL ADDRESS: Reason for filing: &&D.2 of the Zoning Bylaw in order to construfd a permanent ground sign greater than maximum 25 square feet and maximum 8 0 HARDSHIP: COULD NOT DEROGATE BECAUSE: FILING DEADLINE MAILING DATE HEARING CONTINUED DATE DECISION DRAFT BY: APPEAL DATE REFERRALS IN DATE: HEARING DEADLINE DATE HEARING CLOSE DATE FINAL SIGNING BY. APPEAL DEAD 1 FIRST ADVERTISING DATE: HEARING DATE Tue Mar 11, 2006 VOTING DATE DECISION DATE SECOND ADVERTISING DATE: HEARING TIME VOTING DEADLINE DECISION DEADLINE: J GeoTMSO 1998 Des Laurfem S Associates, Inc. COR SHEET THIS IS THE FIRST PAGE OF THIS DOCI N El's T DO NOT RLKOVE oLttaCo GRANTOR GRANTEE . ,10D�5-- -16 S.. bS a ADDRESS OF PROPERTY , CITY/TOWN TYPE OF DOCUMENT PtZI1C. ASSIONMENTf ., TYPE DEED ..6D . KORTGAGE VNOTICE TYPE DISCHARGE. SUBORDINATION AFFIDAVIT CERT TYPE DEC OF HOMESTEAD , UCC TYPE DECOF TRUST OTHER DESCRIBE Essex North Registry of Deeds Robert F. Kelley, Reg' 354 Merrimack St, Saite 304 Lawrence, AU 01843 (978) 683-2745 www.lawrencedeeds.com. llbart 13 ,\f;ntzi 111, Fmj. 0 --airman 1:1(•1i P. \drintyre, I 'ice-Qjairtnan Richard.j. 11\1ers, F.sq. Uerk 1c)rvph 1). LaGrasse I livi i R. %Obsler 1 s rmzalt .lfrmlirrf Ilumlas D. Ippol.ito Richard'\I. VAI:uic+.,urt Daniel S. Brat -se, Lacy. Town of North Andover ZONING BOARD OF APPEALS Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A_ 917 This is to certifythat.twenty (20) days Notice of Decision have elapsed 4rom-date of decision, filed Year 2008 without filing ate of an e'RoeP Joy dshaw Town Clerk NAME: Great Pond Crossing, LLC, a wa HEARING(S): April 8, 2008 865 Turnpike Street, North Andover, MA Site Development & Landscape Plan, Assessors Map 35 Lot 20, 1025 Osgood ADDRESS: for premises at 1005-1025 Osgood PETITION: 2008-003 Street Andover Street, Andover, MA 01810 North Andover, MA 01845 TYPING DATE:Aril 10, 2008 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall Meeting Room, 120 Main Street, North Andover, MA on Tuesday, April 8, 2008 at 7:30 PM upon the application of Great Pond Crossing, LLC, 865 Turnpike Street, for premises at: 1005-1025 Osgood Street (Map 35, Parcel 20), North Andover, MA requesting a Special Permit from Section 6, Paragraph 6.6.D.2 of the Zoning Bylaw in order to construct a permanent ground sign greater than the maximum 25 square feet and maximum 8 foot height Said premise affected is property with frontage on the South side of Osgood Street within the GB zoning district Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on February 25 & March 3, 2008. There was no quorum at the March 11, 2008 meeting. Richard J. Byers read the legal notice to open the hearing during the April 8, 2008 meeting. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Ellen P. McIntyre the Board voted to GRANT a Special Permit from Section 6, Paragraph 6.6.D.2 of the Zoning Bylaw in order to construct a permanent ground sign frame structure not to exceed thirteen feet (13) in frame height, not to exceed eleven feet six inches (11.5') in frame width, and not to exceed forty-eight square feet (48 sq. ft.) sign surface area, per: Site: 1005-1025 Osgood Street (Mal) 35, Parcel 20), North Andover, MA 10845 Site Plan Title: Site Development & Landscape Plan, Assessors Map 35 Lot 20, 1025 Osgood Street, North Andover, Massachusetts, Prepared for: Hearthstone Realty Corp., 28 Andover Street, Andover, MA 01810 Ir' Date - Last Date: 4/8/05 - 6/21/06 Registered Professional Christopher Francher, #3611`6, MEF Design Consultants, 103 Stiles Road, Land Surveyor: Suite One, Salem, NH 03079 Sheet/Drawing: Essex North Registry of Deeds Plan 015535, registered on 10-6-2006 signuesrgc:l�esc;~iption .. greatpond dig. [Dimensions and design of proposed ground sign frame and sign surface area] C,stomier Information Willard D. Perkins, Great pond Crossing, 1005 Osgood Street, MA N. Andover, ?r� gn OmPany I 'Harn�sedons Inc. P.O. Box 196 71 Bndge Strewn=8Mft 03076 $heet/Drawins I �propgn drmensrons] and Tenant Plaque Area A7`E%8T; . Page 1 of 2 A 'True' Oopy rl r u t 1'" <0 - Suite')- 'I(',t4101-th :1nd. MA ()1 r -I; Town Clerk , T itintc - 979-68S-';511 Fax - 978-0,M-9542 Wei) - ���it+, tc,5�tu7fitortha,ncic,l.c:r.Coll t Town of North Andover ' ZONING BOARD GP APPEALS Uhc•n P. \lanri Ilf, 1~sd, t.lairr.,•un Falco P..\fcfr(vrc•, f nr.l'l:a, van Richard 1. B.•erc, Esq. (./irk jr)'Zeph R L.aGr:a«e - f )arid 11 \Veboer I s oa h, .11 rmberr '!Lonna,, 1). fppohro Richard M. \ aillatwourt Fmnic•1 S. B racse, Fsq. taORT1{ 0 aL jv Town l,rl. Tim, :ramp With the following conditions: 1. The proposed sign shall be located on 1005-1025 Osgood Street [Map 35, Parcel 201 as shown on the above -sited Plan #15535 and in accordance with the conditions in the Planning Board Site Plan Special Permit dated September 5, 2006 and the Planning Board Watershed Special Permit dated September 5, 2006. 2. External illumination shall focus on the sign face, only. ff ground lighting is provided, the light source shaI110 screened from oncoming traffic. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The Board finds that the applicant has satisfied the provisions of Section 6, Paragraph 6.6.D.2 of the Zoning Bylaw and finds that the granting of this Special Permit for a .ground sign larger than 25 sq. ft. and higher than 8' at 1005- 1025 Osgood Street (State Routes 125 & 133) is an appropriate location for a maximum 13'x11.5' ground sign frame with a maximum 48 sq. ft. sign face. The Board finds that the proposed sign is not incongruous with other State Route 125 business district ground signs. The Board finds that this ground sign, as constructed.. under the above conditions, with enduring materials color -matched to the 1005-1025 structures as depicted in the above cited sign drawings help provide for the proper operation of the site, will not adversely affect the neighborhood, nor be injurious to traffic and safety conditions therein, nor be a nuisance or serious hazard to vehicles or pedestrians by providing an unobstructed sight line below the sign face. The Board finds that this Special Permit is in ha'monny with the general purpose and intent of Section 6, Paragraph 6.2.3. "to encourage signage and lighting which aid communication, orientation, identify activities...". The purpose of the proposed sign is to identify the 1005-1025 occupants to vehicles on state routes 125 &133; especially, to identify the lower level occupants, which are not visible from the road. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2., 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 Inspector of Buildings. 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. North Andover Zoning Board Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Decision 2008-003. M35P20. Page 2 of 2 1606 r:)S-P) d St. Hidly 20 - S1111c: 2-:c1. Nollb.. Andover, %1A ri I Xj Phone - 978-i,88-95.11 1'a\ - 978-088-95.12 Wch - \«WNN AmNnol'uorthaiidewcr c:um Z� ^z 6 d • g W �a a o W rm aS s � m °'o02 aw � is — � ITa I QkQ+ a� - " YGGy 55 yyffYY gg �gg Ft�j [1{�e��++ 1F1�ig 6 C000OOR44f44 a" n r m m V m ® -^ I: ill ME Inuum Mumma . ■ ■ Y O U V° z u__x�__ r_giittul mut=ut=Mill=, it-tlf-111_ ;i=111: O o Ea N Ui Jz -N1=Nt�111=1t,-r m m � o o J ri�al�nl�r_(_m 0 W 4 W . s a v Q g 0o 0- / n • V° z u__x�__ r_giittul mut=ut=Mill=, it-tlf-111_ ;i=111: O o Ea N Ui Jz -N1=Nt�111=1t,-r m m � o o J ri�al�nl�r_(_m 0 W 4 W . s 1710Iti iI) III Al ICl.III 11I- Y�j O 0o 0- / n • ¢W¢ ul � ul i�(ni pl p.lti 111 O m • � L --CI__. u A19IF,itaTI t! � s_3 Irl nt'• n! � Ip - Ilaln_al�r.►=1n " u__x�__ r_giittul mut=ut=Mill=, it-tlf-111_ ;i=111: O o Ea N Ui N -N1=Nt�111=1t,-r m m � o o ri�al�nl�r_(_m 0 yl�—N1=NIS,tr=. 11_nl_,u_ta�ut W 1710Iti iI) III Al ICl.III 11I- Y�j O 11�IllUtIIINL�IIlttl / n • ¢W¢ ul � ul i�(ni pl p.lti 111 O m 17 I� nl ht urLl lif III- � L --CI__. u A19IF,itaTI t! � s_3 Irl nt'• n! � Ip - Ilaln_al�r.►=1n N O� 0 W Y�j O O / n • ¢W¢ � O O m � L ` m C v � 4 � _ •`�' rte, m .• c �;�.... ti{ m T 61. W. Mard D. Peddres ptee�ond 6p °" 11t15w Ob-0— GMM Pond Crossing °" °" Ride 1005 Osgood &i see above N. Andover 1-0 .. > MA 978475-54M en 101 O kg u APR 8 -'608 ' r,nADn nF APPEALS ';LOV I - p03— 6 n I ,0 11�y, ,._ C= Q r U- 1 ,._ C= Q r U- ",' ,' CD Town of North Andover --'I � ZONING BOARD OF "PEALS P�,---'-'UVED Albert P. Manzi 111, Esq. Chairmali-1 C Ellen P. McIntyre, V14ORTil ice -Chairman 'O .0-20 " Richard J. Byers, Esq. Clerk bet,, 0 Joseph D. LaGrasse 4 7008 PAR 13 P V1 G. 21" 9 0 David R. Webster 0 Assodate Members 41 T Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. S CHUS M t, Town Clerk Time Stamp Date Town of North Andover Zoning Board of Appeals 1600 Osgood Street. North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variarwx- <�pecial P comprehensive Permit (40B) Finding for property located at: STREET: I L961 MAP: 35— PARCEL: �L 1116WITH North Andover, MA 01845 TO MEETI NAME OF I SIGNED: 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townoffiorthandover.com i ■ vaivra ar■ v va a w%Iraaa v■ BE %WE■w ■ v■ aewrN � w a i 4g f i ' TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS SPECIAL PERMIT an Application for a Special Permit Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The Petitioner will complete items that are underlined. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: 13 STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers.the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or -be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Petitioner submits one (1) original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS. of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 384 Merrimack Office, and the 10 Xerox copies will be left with the St., Lawrence MA 01843, and shall complete the Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. i IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services Town Hall 1600 Osgood Street 120 Main Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9566 Assessor's Office 978-688-9541 Z, ging Board of Appeals Office PAGE 1 of 4 FEB '14 [U06 PAGE 2 OF 4 Date & Time - Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Please complete alt items 1` 10,befows a� a77771 c. 1. Petitioner: *Name, *Address and telephone number: 'g S L) fZM ? I 4E Z77 rr�� nen, An1naJc 9 MA eq z84 0 ''`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: RIZAOaz C1�zdSSIN1G �L.c J1z V, C, ski A nl 1� fl t2 �i a0 D l e a Years Owned Land: yC-� 3. Location of Property: a. Street: IOOS - 10 a-� 0 s (v -(z 0 D -g 7 Zoning District: 6x B b. Assessors: Map Number 3 s' Lot Number: '-�D c. Registry of Deeds: Book Number 104466 Page.Number. 79 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. �J n IC.S a J d *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: WE REQUEs`-A sPt=!9AL 06kMt -ro 4k.u0w a G 1= R < it ti 'i�h%R rJ[��► t s ��o,g 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. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Sq� wSq. Ft. Coverage 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage Frontage Parking Minimum Lot Setback Feet Spaces Front Side A Side B Rear too Frontage Parking Feet Spaces 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. / Coverage Feet Spaces Minimum Lot Setback Front Side A Side B Rear Minimum Lot Setback Fron Sid^e!A Side B Read 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units*" *Reference Uses from the Zoning Bylaws & Table 1. *"State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units** PRO PEGG 175164 W /Y R -,;,w I Fes,, 0 t^ it c y *Ref ence Uses from the Zoning Bylaws & Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by tifZ6ning, Boarcj„of this application as incomplete. _ N Type above name(s) here LeT 0 i� t� G: R fl SSk7 AH J iii p Wr r. � v .J a r. 4 p �!a' r Jrgh .�.. 1:+� .i � $t tk! �'! >, '., € Lh&."• y,.'r." n, {'L'1' 1� A�i � 2 �.G+r. ` r �I i�Y� -i yi P. pl^tf ht^S�r'Ki` 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGLA ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points 1-6, are required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. S. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the kriteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Cleric's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/a conversion/ and/or a proposed change in use. 10 A Major Projects Major projects are those, which involve one of the following whether existing or proposed: 1) five or more parking spaces, EO three (3) or more dwelling units, IIn 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: ID Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x1 T, preferred scale of 1 "=40' 11) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures_ and date. 1W Pian shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district(s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius . 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined iii red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner of record, and land surveyor. 7. Locus. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (1). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover for the cost of first class, certified, return receipt ($5.21 as of May 2007) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 41 ¢) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1°x2-5/8° (3 copies for the Legal mailing and one copy for the Decision mailing). C. See 2005 Revised Fee Schedule. ®® A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petitionmust be submitted. ®© Street: Zoning Bylaw Review Form °' ' •'"° Town Of North Andover Applicant: Building Department ��;-•.,.,,.t�� Osgood 1600 Os d Streets g� Buildin 20 Suite 2-36 SS"`"„SE North Andover, MA. 01845 Frontage Phone 978-688-9545 Fax 978-688-9542 Street: 1025 Osgood Street Ma /Lot: 35/20 Applicant: Great Pond Crossing, LLG Request: Ground sign larger than allowed Date: 2-14-08 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: GB Remedy for the above is checked below Item # Sec al Permits Planning Board Item # Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Special Permit ZBA Sign 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies NA 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies NA 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies NA D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information . 2 In Watershed X j Sign 3 Lot prior to 10/24/94 X 1 Sign not allowed X 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies NA 3 Insufficient Information Remedy for the above is checked below Item # Sec al Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit •1-1 Special Permit ZBA Sign Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for 2NU Unit R-6 Density Special Permit Special Permit Pre-existing, Non - Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the abov le. You must file a new building permit application form and begin the permitting process. Building Department Offs ial Signature Applicaflon Received Application Denied Denial Sent: If Faxed Phone Number/Date: Town of North Andover Zoning Board of Appeals To Whom It May Concern: Re: Special Permit Written Documentation 1. The particular use proposed for the land or structure: We are requesting a variance on the size of a free standing sign. 2. The specific site is an appropriate location for such use, structure or condition. The site of the sign is as approved by Planning Board and meets specifications. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. Location of sign meets property line backset and is set off the ground for better visibility to in and out traffic and pedestrians. 4. Adequate facilities will be provided for the proper operation of the proposed used. Sign will be illuminated by external lighting. 5. The use is in harmony with the purpose and intent of the zoning by-law. The color of the sign will be coordinated with the color of the building and there will not be any colors that will conflict with the traffic lights nearby. I L Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) , Zoning ( ) REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property: MAP PARCEL 35 20 Abutters Properties Map Parcel 35.L 47 35,6 oni ;il �50 a -o4.6 35 44 & 23 Lake Cochichewick 35 29 35 19 35 16 Name Address GREAT POND CROSSING LLC 865 TURNPIKE STREET, NORTH ANDOVER, MA 0184 Name ,Fourzol,llc 61W,Q)sgood Properties, LLC,�IIID mown of North Andover C' -Commonwealth of MA yTiam Realty, LLC -Willaim Chepulis L, -Lawrence Airport Commission Address 1070 Osgood Street, North Andover, MA 01845 865 Turnpike Street, North Andover, MA 01845"" a i 120 Main Street, North Andover, MA 01845 100 Cambridge Street, Boston, MA 02202 7 Ridge Hill Way, Andover, MA 01810 1018 Osgood Street, North Andover, MA 01845 492 Sutton Street, North Andover, MA 01845 35 27 t kngus Realty Corp. 1077 Osgood Street, North Andover, MA 01845 74 6-1, 6-3, 6-4 IrCanders Family Trust 40 Court Street, North Andover, MA 01845 74 6-2 ubennis Drinkwater 13 Old Salem Path. Magnolia, MA 01930 74 56 ✓John Ferreria 980 Osgood Street, North Andover, MA 01845 35 27 k f� Angus Realty Corp. 1077 Osgood Street, North Andover, MA 01845 This certifies that the names appearing on the records of the Assessor Office as of 1-® Certified by: Date �� 54 B ISM ' m H -Hit v Vitt, 9�5 8Yoil �A _« «ES F n_ tl< tl F23 Fc3 C F`o N C S F W 23c� 2 H � � CLLLL5555 a c « � m n Munn mmum ®®®®® Ap Munn mmum ®®®®® 71 - F Or M ' � ,o i A _,q L "1 14 p�? m 1100 ",. O Q i� NNNNNNNNNNNNNNNNPI) N m 1J 1-M8 -31C -t 1 J �l Mt 8--8 m m m 33 m m ® .n..SJ Z. i H > ,I C QQ ov000000000_0000v CG3i3131373731 OPJIWN-`mma000as Ci�CJ1AWNjC7 W?WN—� D N n "00 r I o --4 -- -- _-_ - Z �T 3 -Cx - - ra CC? ca II 71 - F Or M ' � ,o A p�? I bo i H > ,I