Loading...
HomeMy WebLinkAboutMiscellaneous - 102 PETERS STREET 4/30/2018 (5)1 0 4 � RECEIPT Printed:12-16-2011 @ 1 :50:32 Essex North Registry Robert F. Kelley Register Trans#: 152019 Oper:KEVINZ CASH i 1 Book: PL Page: 16609 Ctl#: 121 Rec:12-16-2011 C, 1:50:32p DOC DESCRIPTION TRANS AMTS -----------------------. PLAN Surcharge CPA $20.00 20.00 ' 5.00 TECH FEE 5.00s Plan recording 50.00 Total fees: 75.00 Book: 12744 r - 6 Inst#: 30856 Ctl#: 122 -2011 @ 1:50:32p NAND 102 r DOC DESCRIPTIOfq TRANS AMT NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 ------------------------------------- ------------------------------------- Book: 12744 Page: 268 Inst#: 30857 Ctl#: 123 Rec:12-16-2011 @ 1:50:32p NAND 102 PETERS ST DOC DESCRIPTION TRANS AMT --- ----------- --------- NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 Ctl#: 124 Rec:12-16-2011 @ 1:50:32p DOC DESCRIPTION TRANS AMT --- ----------- --------- COPY MANUAL FEE ENTRY Document Copy -Man 18.00 *** Total charges: 243.00 CASH PMT PAYMENT -CASH 243.00 pi" . Albert P. Manzi 111, Esq. Cbainnan Ellen P. McIntyre, Vice-Chainvian Richard J. Byers, Esq. Clerk Richard M. Vaillancourt Associate Members Michael P. Liporto D. Paul Koch Jr. i 12-16-2011 01. AL3r3zzj;1 _,5?' Town of North Andover ZONING BOARD OF APPEAI:S;,, ; .t TO !I,' NORTHn �7 i 21 �`il V q 1(( I tM L 06�t�ec ,°• ti0 �p 1r ri t .pk �jV ? i y1liraf`i4 9SSAGIiUSEt % 1 #T Town of North Andover \� Copy rui? Any appeal shall be filed within (20) Notice of Decision nvov"6 Clerk - days after the date of filing of this Year 2011 notice in the office of the Town Clerk, er Mass. Gen. L. ch. 40A, § 17 Property at: 102 Peters Street, North .Aiidover, MA 0l 1145 , NAME: Dundee Properties, LLC HEARING(S): 13 Sept 2011 and 11 (ict�lder 2 d . ADDRESS: 102 Peters Street, North Andover, MA PETITION: 2011-005A 01845(Map 24 Parcel 21), The North Andover Board of Appeals held a public hearing at Senior Center, at 120R Main Street, North Andover, MA on Tuesday, October 11th, 2011 at 7:30 PM on the application of Dundee Properties, LLC located at 102 Peters Street (Map 24 Parcel 21), North Andover, MA 01845. Petitioner is requesting a Special Permit in accordance with Section 9.1 (Non -Conforming Uses) of the Zoning. Bylaws, and also to raze a single family home and to construct a new, one story, commercial building in the B-4 District. Legal notices to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on August 30, 2011 & September 6, 2011. The following voting members were present Albert P. Manzi III, Ellen P..: McIntyre, Richard J. Byers,, and Richard M. Vaillancourt and Daniel Braese and Associate member Michael P. Liporto, was present The Chairman Albert P. Manzi III recused himself from the vote and the Deliberation Upon a motion by Byers and Second by Vaillancourt, the Board voted to GRANT the Special Permit from Section 9.1 Non -conforming uses of the Zoning Bylaw. The following members all voted in favor to grant the Special Permit from Section 9.1 Non -conforming uses; Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, Daniel Braese, and Michael P. Liporto. All were in favor. 5-0 The Board finds that this use, as developed by the building & site plans, is an appropriate location for such a use and will not adversely affect the neighborhood. . There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off- street parking. Adequate and appropriate facilities will be provided to the proposed one story commercial building in the B74 District. The Board finds that the Commercial Building will not be substantially more detrimental than the existing :dwelling to the neighborhood and that this .use, is in harmony with the neighborhood, and general purpose and intent of this Bylaw. This is to certify that twenty (20) days have elapsed from date of decision, filed without filiDate _ p �Ylbw Joyce A. Bradshaw Town Clerk Page 1 of 2 Site: Dundee Properties, LLC 102 Peters Street, North Andover, MA 01845(Map 24 Parcel 21) a Special Permit from Section 9.1 of the Zoning Bylaws. Plan(s) Title: 1) "Front North Elevation" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., I 1 Main Street, Atkinson, NH 03811 2)"Roof Plan" and "First Floor Plan" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 MainStreet, Atkinson, NH 03811 3) "East Elevation" and "Front (North) Elevation, Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., I I Main Street, Atkinson, NH 03811 4)"South Elevation" and "West Elevation" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 .5) Conceptual Landscaping Plan dated August 4, 2011. Prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA 01810 6)'Proposed Site Plan Dated August 1, 2011, containing (1) sheet. Includes "Existing Conditions Plan" and "Proposed Site Plan" Prepared by Andover Consultants, INC., 1 East River Place, Methuen Ma. 01844. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, Daniel Braese, and Michael Li orto. Voting in the Negative: N/A The Board finds that the applicant has satisfied the Special Permit from Section 9.1 non -conforming Uses of the. Zoning Bylaw for 102 Peters Street (Map 24 Parcel 21), North Andover, MA 01845 in the B-4 District, to raze a single family home and to construct anew one level commercial building. Notes: 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 Special Permit(s) 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. 3. If the rights authorized by the Special Permit are not exercised within two. (2) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. North Andover Zo mg oar of Appeals Albert P. Manzi III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman (Acting Chairman) Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto D. Paul Koch. Jr. Decision 2011-005A Page 2 of 2 Albert P. Manzi II1, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Richard M. Vaillancourt Associate A7embers Michael P. Liporto D. Paul Koch Jr. Bim 744 PS 2,66 12-16-20.11 a 13 :L m r 08 6 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, ner Mass. (fen. 1;. ch_ 40A_ 817 /t�t° �bfbryO A i e � Town of North Andover Notice of Decision Year 2011 r AD U ,XT'k'CT: �N s K WrOe l Property at: 102 Peters Street, North Andover, MA. 01845 NAME: Dundee Properties, LLC HEARING(S): 13 Sept 2011, 11 Oct 201 ]; _ 8 November 2011 ADDRESS: 102 Peters Street, North Andover, MA PETITION: .. 2011-0058 0 1 845(Map 24 Parcel 21), The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover, MA on Tuesday, November 8th, 2011 at 7:30 PM on the application of Dundee Properties, LLC located at 102 Peters Street (Map 24 Parcel 21), North Andover, MA 01845 Petitioner is requesting to raze a single family home and to construct a new one story commercial building. Variances from Table 2 of the Zoning Bylaw, -lot area; 7. 1. 1 -Continguous Buildable Area; 7.2- Street Frontage; 7.3 Yards (setback), 9.1 Non Conforming Uses and Table 2 of the Zoning Bylaws in the B-4 District. Legal notices to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on August 30, 2011 & September 6, 2011 An Amended Legal Notice was published on October 25, 2011 and November 1St, 2011 The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, and Richard M. Vaillancourt. The following Associate members were present: Michael P. Liporto and D. Paul Koch Jr. The Chairman Albert P. Manzi III recused himself from the vote and the Deliberation Upon a motion by Vaillancourt and Second by Byers, the Board voted to GRANT the Variance from 7.1 -lot area; 7.1.1-Continguous Buildable Area; 7.2- Street Frontage; 7.3 Yards (setbacks), 9.1 Non Conforming Uses and Table 2 of the Zoning Bylaws in a B-4 Zoning District. The following members all voted in favor of the Variances Ellen P. McIntyre, Richard J Byers, Richard M. Vaillancourt and Michael P. Liporto. All were in favor. 4-0 The Board finds that this use, as developed by the building &site plans, is an appropriate location for such a use and will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off- street parking. Adequate and appropriate facilities will be provided to the proposed one story commercial building in the B-4 District. The Board finds that the Commercial Building will not be substantially more detrimental than the existing dwelling to the neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw. da This is to certify that twenty (Zp ) Ys have elapsed from date of decision, filen C� without filing tBagp$�•,;'� 1 o,�D� 1 Dafs�t�- Ji3yGe A. Bradshaw Town Clerk Pagel of 2 YY �•'� r J Site: Dundee Properties, LLC 102 Peters Street, North Andover, MA 01845(Map 24 Parcel 21) three (3)Variances from Table 2 and Sections 7.1,7.1.1, 7.2, and 7.3 of the Zoning Bylaws. Plan(s) Title: 1) "Front North Elevation" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 2)"Roof Plan" and "First Floor Plan" Dated July. 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 3) "East Elevation" and "Front (North) Elevation, Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 4)"South Elevation" and "West Elevation" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 5) Conceptual Landscaping Plan dated August 4, 2011. Prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA 01810 6)'Proposed Site Plan Dated August 1, 2011, containing (1) sheet. Includes "Existing Conditions -Plan" and "Proposed Site Plan" Prepared by Andover Consultants, INC., 1 East River Place, Methuen Ma. 01844. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Michael Li orto. Voting in the Negative: N/A The Board finds that the applicant has satisfied the Variances from Table 2 and Sections 7.1, 7.1.1, 7.2, and 7.3 of the Zoning Bylaw for 102 Peters Street to raze a single family home and to construct a new, one level, commercial building (Map 24 Parcel 21), North Andover, MA 01845 in the B-4 District. Notes: 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 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. 3. If the rights authorized by the Variance are not exercised within one (1). years of the date of the grant, it shall lapse, and may be re-established only after, notice, and a new hearing. T North Andover Zoni g B and 01VNppeals Albert P. Manzi III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman (Acting Chairman) Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto D. Paul Koch Jr. Decision 2011-005B Page 2 of 2 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice-Chairnran Richard J. Byers, Esq.. Clerk Richard M. Vaillancourt Associate Afembers Michael P. Liporto D. Paul Koch Jr. 170 Town of North Andover ZONING BOARD OF APPEALS L ' Of ND oT a 94,il� 1 ''iv C. t ro 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, § 17 NAME: Dundee Properties, LLC ti �(ti �' �y ff. Town of North Andover Notice of Decision Year 2011 Town Clerk erty at: 102 Peters Street, North Andover, MA 0 1. 84 5 HEARING(S): 13 Sept 2011 and 11 Gctr,ber 201 land d ADDRESS: 102 Peters Street, North Andover, MAI PETITION: 2011-005A 01845(Map 24 Parcel 21), The North Andover Board of Appeals held a public hearing at Senior Center, at 120R Main Street, North Andover, MA on Tuesday, October 11th, 2011 at 7:30 PM on the application of Dundee Properties, LLC located at 102 Peters Street (Map 24 Parcel 21), North Andover, MA 01845. Petitioner is requesting a Special Permit in accordance with Section 9.1 (Non -Conforming Uses) of the Zoning Bylaws, and also to raze a single family home and to construct a new, one story, commercial building in the B-4 District. Legal notices to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published it! the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on August 30, 2011 & September 6, 2011. The following voting members were present Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, , and Richard M. Vaillancourt and Daniel Braese and Associate member Michael P. Liporto, was present The Chairman Albert P. Manzi III recused himself from the vote and the Deliberation Upon a motion by Byers and Second by Vaillancourt, the Board voted to GRANT the Special Permit from Section 9.1 Non -conforming uses of the Zoning Bylaw. The following members all voted in favor to grant the Special Permit from Section 9.1 Non -conforming uses; Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, Daniel Braese, and Michael P. Liporto. All were in favor. 5-0 The Board finds that this use, as developed by the building & site plans, is an appropriate location for such a use and will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off- street parking. Adequate and appropriate facilities will be provided to the proposed one story commercial building in the B-4 District. The Board finds that the Commercial Building will not be substantially more detrimental than the existing dwelling to the neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw. This is to certify that twenty (20) days have elapsed from date of decision, filed without filing'iri, p 1� Dated '1_ W Joyce A. Bradshaw Town Clerk Pagel of 2 Site: Dundee Properties, LLC 102 Peters Street, North Andover, MA 01845(Map 24 Parcel 21) a Special Permit from Section 9.1 of the Zoning Bylaws. Plan(s) Title: 1) "Front North Elevation" Dated July 29, 2011, containing one (1) sheet. . Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 2)"Roof Plan" and "First Floor Plan" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 MainStreet, Atkinson, NH 03811 3) "East Elevation" and "Front (North) Elevation, Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 4)"South Elevation" and "West Elevation" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 5) Conceptual Landscaping Plan dated August 4, 2011. Prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA 01810 6)'Proposed Site Plan Dated August 1, 2011, containing (1) sheet. Includes "Existing Conditions Plan" and "Proposed Site Plan" Prepared by Andover Consultants, INC., 1 East River Place, Methuen Ma. 01844. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, Daniel Braese, and Michael Li orto. Voting in the Negative: N/A The Board finds that the applicant has satisfied the Special Permit from Section 9.1 non -conforming Uses of the Zoning Bylaw for 102 Peters Street (Map 24 Parcel 21), North Andover, MA 01845 in the B-4 District, to raze a single family home and to construct a new one level commercial building. Notes: 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 Special Permit(s) 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. 3. If the rights authorized by the Special Permit are not exercised within two (2) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. /r North Andover Zo mg oar of Appeals Albert P. Manzi III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman (Acting Chairman) Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto D. Paul Koch Jr. Decision 2011-005A Page 2 of 2 r �. •; r"i i�rh �•.��e�" �+ W t. "a,�t� .�'.r+' j� Fit`< ��� 1 F .t y y t �, � /• ir.� lS � v i<1 }..+12�` 'ilK 1yt+7�J I�,na `f r l•�iY/;s��� ` fr':1 / s J sti p 1V,:1�3 x/'�i'4/ ` 2. ;k�{lir/'�'�•1 a f, � " r tv�i� 4 � k� i � } a �d�(1 r}, �` Jfk.{+� � �F333 r a ,�-. R �� �.y is �?'.j lc k' � r � �.'r/. J t •X 1 r �% r�• v , a .. � ��•. t/� t s-kwk. h .�ti+�,7�p �� � s �" it r T r N• 6 � �L—� � � � �y �s� ��•..t'r yf'. � " � " fAaTa..� r �� . • b�l$f 'fig' }� 3tnY tri. 1+4 3J t lvo ))tt wz 3��'�1' , v V,�st y %I "• r 1 e� yrs• ^ L�f ✓ :� a Jt 5ji • } t! r. r. rt.• ;, ,rt✓R , r �r��`' T e'�� C� �� t��• l� I� � �:r, ,, r C �' �,ti. ��.. !. r r�r' rr4 �°'y' :' -. n� a x 4 r F 7 l ! ( utiiCt�• Y 1. � r� .� w qi lu.• a x _ •a 1X11, y;1 �dl ^1>! -7 �•If t�Ipre, �^ uti�jd 1 c • \ - '/`�i.iPr!�l� S'+.ti os1��',� (1U./r ;/ J ;�L <Y. t ��.Ar oll ...��a�Q 7 19 D� sJl y'ayX.11JYL1» ly r'Lrl�t� �Ai ! r y )r t e 1 ,L rx����yj'� �•S�, �1/�� fir ><yfi3 • j4 , r T� .�,�uf��y.� 1 .4+.w 1 ; r - 7es. '1 kiMy-� c� - �a�h`, � 1 S•r 7!i rN�"i` al �/Y/ r •J�f`'�� r � �,, j.�4 � wr.'� �4 9 S., �'i ✓.Ir Y ( t � AS • ,i>,> :. i tis . 75fJ ����� `r�` c, �� hL ^'��r�� Sf�{U'�'��,b•� �' � •� �` ,��. � is --s'�, . /!r F r !1' S ; 4.�a,. L �. •' � 1 J jr � �a1, �, �i 1` L l�r'rYr '"li?'rljr� 1..K _ h `•, i P 1 J'l�'> >�,�r r�ifi i �y t� 14 y1('� - � >• - �t�b r r 3;`G�C1 tq ! r � +{�!'A„� or\ r �tl� , ` P111 t! � s M y F �l�l 3ai r_ ' '' �� e a"nt��/4 . �_,:rrdir����''r�m� � 1'e ; i� ��� �T., i�si ��•:t�1�":1 +�' f P s e= i� r, 7� '7 T snew 'y aG I rr.4 t fl rt , 1 6— 20 :L j_ a IZI 1�.��1 Town of North Andover ZONING BOARD OF APPEALS - Albert P. Manzi 111, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Issq. Clerk Richard M. Vaillancourt Associate tAfemabers Michael P. Liporto D. Paul Koch Jr. 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, & 17 Town of North Andover Notice of Decision Year 2011 Propertv at: 102 Peters Street. North Andover. MA 01845` NAME: Dundee Properties, LLC HEARING(S): 13 Sept 2011, 11 Oct 2011; 8 November 2011 ADDRESS: 102 Peters Street, North Andover, MA PETITION: 2011-005B 0 1 845(Map 24 Parcel 21), The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover, MA on Tuesday, November 8th, 2011 at 7:30 PM on the application of Dundee Properties, LLC located at 102 Peters Street (Map 24 Parcel 21), North Andover, MA 01845. Petitioner is requesting to raze a single family home and to construct a new one story commercial building. Variances from Table 2 of the Zoning Bylaw, -lot area; 7. 1. 1 -Continguous Buildable Area; 7.2- Street Frontage; 7.3 Yards (setback), 9.1 Non Conforming Uses and Table 2 of the Zoning Bylaws in the B-4 District. Legal notices to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on August 30, 2011 & September 6, 2011 An Amended Legal Notice was published on October 25, 2011 and November 1",2011 The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, and Richard M. Vaillancourt. The following Associate members were present: Michael P. Liporto and D. Paul Koch Jr. The Chairman Albert P. Manzi III recused himself from the vote and the Deliberation Upon a motion by Vaillancourt and Second by Byers, the Board voted to GRANT the Variance from 7.1 -lot area; 7. 1. 1 -Continguous Buildable Area; 7.2- Street Frontage; 7.3 Yards (setbacks), 9.1 Non Conforming Uses and Table 2 of the Zoning Bylaws in a B-4 Zoning District. The following members all voted in favor of the Variances Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt and Michael P. Liporto. All were in favor. 4-0 The Board finds that this use, as developed by the building & site plans, is an appropriate location for such a use and will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off- street parking. Adequate and appropriate facilities will be provided to the proposed one story commercial building in the B-4 District. The Board finds that the Commercial Building will not be substantially more detrimental than the existing dwelling to the neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw. This is to certiiy that twenty (20) days have elapsed from date of decision, filed ON without fili g v O l t OL,\1) 1 JayGe A. Bradshaw Town Clerk Pagel of 2 Site: Dundee Properties, LLC 102 Peters Street, North Andover, MA 0.1845(Map 24 Parcel 21) three (3)Variances from Table 2 and Sections 7.1,7.1.1, 7.2, and 7.3 of the Zoning Bylaws. Plan(s) Title: 1) "Front North Elevation" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 2)"Roof Plan" and "First Floor Plan" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 3) "East Elevation" and "Front (North) Elevation, Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 4)"South Elevation" and "West Elevation" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 5) Conceptual Landscaping Plan dated August 4, 2011. Prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA 01810 6)'Proposed Site Plan Dated August 1, 2011, containing (1) sheet. Includes "Existing Conditions Plan" and "Proposed Site Plan" Prepared by Andover Consultants, INC., 1 East River Place, Methuen Ma. 01844. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Michael Li orto. Voting in the Negative: N/A The Board finds that the applicant has satisfied the Variances from Table 2 and Sections 7.1, 7.1.1, 7.2, and 7.3 of the Zoning Bylaw for 102 Peters Street to raze a single family home and to construct a new, one level, commercial building (Map 24 Parcel 21), North Andover, MA 01845 in the B-4 District. Notes: 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 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. 3. If the rights authorized by the Variance are not exercised within one (1) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. North Andover ZoniAg Bard ot/Appeals Albert P. Manzi III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman( Acting Chairman) Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto D. Paul Koch Jr. Decision 2011-005B Page 2 of 2 i RECEIPT Printed:12-16-2011 n 13:50:32 i Essex North Registry Robert F. Kelley Register Trans#: 152019 Oper:KEVINZ CASH Book: PL Page: 16609 Ctl#: 121 Rec:12-16-2011 @ 1:50:32p DOC DESCRIPTION TRANS AMT ----------- PLAN Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Total fees: 75.00 j Book: 12744 Page: 266 Inst#: 30856 Ctl#: 122 Rec:12-16-2011 @ 1:50:32p NAND 102 PETERS ST DOC DESCRIPTION TRANS AMT --- -------------------- NOTICE I Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 Book: 12744 Page: 268 Inst#: 30857 Ctl#: 123 Rec:12-16-2011 ® 1:50:32p NAND 102 PETERS ST DOC DESCRIPTION ----------- --------- TRANS AMT NOTIC NOTICE --------- Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 Ctl#: 124 Rec:12-16-2011 ® 1:50:32p DOC DESCRIPTION TRANS AMT ----------- COPY MANUAL FEE ENTRY Document Copy -Man 18.00 w" Total charges: 243.00 CASH PMT PAYMENT -CASH 243.00 k J' Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman ]Alen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Richard M. Vaillancourt Associate Melvbers Michael P. Liporto D. Paul Koch Jr. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, er Mass. Gen. L. ch. 40A, § 17 j 4.. Town of North Andover Notice of Decision Year 2011 Property at: 102 Peters Street North Andover MA 01845 NAME: Dundee Properties, LLC HEARING(S): 13 Sept 2011, 11 Oct 2011, 8 November 2011 ADDRESS: 102 Peters Street, North Andover, MA PETITION: 2011-005B 01845(Map 24 Parcel 21), The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover, MA on Tuesday, November 8th, 2011 at 7:30 PM on the application of Dundee Properties, LLC located at 102 Peters Street (Map 24 Parcel 21), North Andover, MA 01845.. Petitioner is requesting to raze a single family home and to construct a new one story commercial building. Variances from Table 2 of the Zoning Bylaw, -lot area; 7. 1. 1 -Continguous Buildable Area; 7.2- Street Frontage; 7.3 Yards (setback), 9.1 Non Conforming Uses and Table 2 of the Zoning Bylaws in the B-4 District. Legal notices to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on August 30, 2011 & September 6, 2011 An Amended Legal Notice was published on October 25, 2011 and November I51, 2011 The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, and Richard M. Vaillancourt. The following Associate members were present: Michael P. Liporto and D. Paul Koch Jr. The Chairman Albert P. Manzi III recused himself from the vote and the Deliberation Upon a motion by Vaillancourt and Second by Byers , the Board voted to GRANT the Variance from 7.1 -lot area; 7. 1. 1 -Continguous Buildable Area; 7.2- Street Frontage; 7.3 Yards (setbacks), 9.1 Non Conforming Uses and Table 2 of the Zoning Bylaws in a B-4 Zoning District. The following members all voted in favor of the Variances Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt and Michael P..Liporto. All were in favor. 4-0 The Board finds that this use, as developed by the building & site plans, is an appropriate location for such a use and will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off- street parking. Adequate and appropriate facilities will be provided to the proposed one story commercial building in the B-4 District. The Board finds that the Commercial Building will not be substantially more detrimental than the existing dwelling to the neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw. Page 1 of 2 .-1� 6. Site: Dundee Properties, LLC 102 Peters Street, North Andover, MA 01845(Map 24 Parcel 21) three (3)Variances from Table 2 and Sections 7.1,7.1.1, 7.2, and 7.3 of the Zoning Bylaws. Plan(s) Title: 1) "Front North Elevation" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 0381 l 2)"Roof Plan" and "First Floor Plan" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., I l Main Street, Atkinson, NH 03811 3) "East Elevation" and "Front (North) Elevation, Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 4)"South Elevation" and "West Elevation" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., I l Main Street, Atkinson, NH 03811 5) Conceptual Landscaping Plan dated August 4, 2011. Prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA 01810 6)'Proposed Site Plan Dated August 1, 2011, containing (1) sheet. Includes "Existing Conditions Plan" and "Proposed Site Plan" Prepared by Andover Consultants, INC., 1 East River Place, Methuen Ma. 01844. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Michael Li orto. Voting in the Negative: N/A The Board finds that the applicant has satisfied the Variances from Table 2 and Sections 7.1, 7.1.1, 7.2, and 7.3 of the Zoning Bylaw for 102 Peters Street to raze a single family home and to construct a new, one level, commercial building (Map 24 Parcel 21), North Andover, MA 01845 in the B-4 District. Notes: 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 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. 3. If the rights authorized by the Variance are not exercised within one (1) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. I WA/,�i/ii�� North Andover ZoniAhg Bard dAppeals Albert P. Manzi III, Esq., Chairman Ellen P. McIntyre, Vice-Chairman(Acting Chairman) Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto D. Paul Koch Jr. Decision 2011-005B Page 2 of 2 Town of North Andover ZONING BOARD OF APPEALS _ i? : E i' E. Albert P. Manzi III, Esq. Chairrnarr 1' Isllen P. McIntyre, Tl ice Ch - I f ' airr»arr Richard). Byers, Esq. Clerk f N°DTH 1 10• b,Richard M. Vaillancourt 'O Al �Qj a Associate 117embers O e Michael P. Liporto 70 i ; i ' C j..!: D. Paul Koch Jr. } RT I `- Town of North Andover Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, pGen. L. ch. 40A, §17 NAME: Dundee Properties, LLC ADDRESS: 102 Peters Street, North Andover, MA 01845(Map 24 Parcel 21). Notice of Decision Year 2011 Property at: 102 Peters Sheet, North Andover, MA 01845 HEARING(S): 13 Sept 2011 and 11 October 2011 and PETITION: 2011-005A The North Andover Board of Appeals held a public hearing at Senior Center, at 120R Main Street, North Andover, MA on Tuesday, October 11th, 2011 at 7:30 PM on the application of Dundee Properties, LLC located at 102 Peters Street (Map 24 Parcel 21), North Andover, MA 01845. Petitioner is requesting a Special Permit in accordance with Section 9.1 (Non -Conforming Uses) of the Zoning Bylaws, and also to raze a single family home and to construct a new, one story, commercial building in the B-4 District. Legal notices to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on August 30, 2011 & September 6, 2011. The following voting members were present Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, , and Richard M. Vaillancourt and Daniel Braese and Associate member Michael P. Liporto, was present The Chairman Albert P. Manzi III recused himself from the vote and the Deliberation Upon a motion by Byers and Second by Vaillancourt, the Board voted to GRANT the Special Permit from Section 9.1 Non -conforming uses of the Zoning Bylaw. The following members all voted in favor to grant the Special Permit from Section 9.1 Non -conforming uses; Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, Daniel Braese, and Michael P. Liporto. All were in favor. 5-0 The Board finds that this use, as developed by the building & site plans, is an appropriate location for such a use and will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off- street parking. Adequate and appropriate facilities will be provided to the proposed one story commercial building in the B-4 District. The Board finds that the Commercial Building will not be substantially more detrimental than the existing dwelling to the neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw.' Pagel of 2 Site: Dundee Properties, LLC 102 Peters Street, North Andover, MA 01845(Map 24 Parcel 21) a Special Permit from Section 9.1 of the Zoning Bylaws. Plan(s) Title: 1) "Front North Elevation" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 2)"Roof Plan" and "First Floor Plan" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 3) "East Elevation" and "Front (North) Elevation, Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., I 1 Main Street, Atkinson, NH 03811 4)"South Elevation" and "West Elevation" Dated July 29, 2011, containing one (1) sheet. Prepared by Maclaren Associates LLC., 11 Main Street, Atkinson, NH 03811 5) Conceptual Landscaping Plan dated August 4, 2011. Prepared by Huntress Associates, 17 Tewksbury Street, Andover, MA 0 18 10 6)'Proposed Site Plan Dated August 1, 2011, containing (1) sheet. Includes "Existing Conditions Plan" and "Proposed Site Plan" Prepared by Andover Consultants, INC., 1 East River Place, Methuen Ma. 01844. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, Daniel Braese, and Michael Liporto. Voting in the Negative: N/A The Board finds that the applicant has satisfied the Special Permit fi•om Section 9.1 non -conforming Uses of the Zoning Bylaw for 102 Peters Street (Map 24 Parcel 21), North Andover, MA 01845 in the B-4 District, to raze a single family home and to construct a new one level commercial building. Notes: 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 appl'icant's expense. 2. The granting of the Special Permit(s) 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. 3. If the rights authorized by the Special Permit are not exercised within two (2) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. i I / 4 North Andover Zo rng oar of Appeals Albert P. Manzi III, Esq., Chairman Ellen P. McIntyre, Vice -Chairman (Acting Chairman) Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto D. Paul Koch Jr. Decision 2011-005A Page 2 of 2 f µoRrH $ +F y^OR1n° RS't" "SSACHLUI. TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS NAME: DUNDEE PROPERTIES, LLC Procedure- &'Requirements for an Application for. a Variance Ten (10) copies of the following information must be submitted thirty 30 days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Board of an aDDlication as 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 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: VARIANCE APPLICATION FORM: Petitioner completes an annli.r.ation form to noti•ti.n,..n. the Board of Appeals for a Variance. 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 page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). VARIANG 2011 AUG 16 1~'1°`1 1 I. 1 ver, MA 0184&n^Clerk, Time Stamp 'r•.;lsl 9 i y0`� F � . S� 11, 011 STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE:' The Office of theZ,6hing 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 Parry 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 § 17, within twenty (20) days after the decision is filed with the Town Clerk, IMPORTANT PHONE NUMBERS: 978-688=9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545. Building Department 978-688-9541 Zoning Board of Appeals office North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 1 of 4 STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and ten (10) Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 384 Office to be certified by the Town Clerk with the time and Merrimack St. Suite #304, Lawrence MA, 01843 and date of filing. The original will be left at the Town Clerk's shall complete the Certification of Recording form and Office, and the 10 Xerox copies will be left with the forward ifto the Zoning Board of Appeals and to the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978-688=9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545. Building Department 978-688-9541 Zoning Board of Appeals office North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 1 of 4 PACE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting aVariance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws,all dimensional requirements shall be clearly identified and factually supported. All points, A -F, are required -to be addressed with this application. A. The particular use proposed. for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally -the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable. zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given,without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA. application. 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 applicatiorrto the Town Clerk'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/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 (5) or more parking spaces, II) three (3) or more dwelling. units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. *10.'B. *Plan Specifications: VARIANCE 1) Size of plan: Ten (10 ) paper copies of a pian not to exceed 11"x17", preferred scale of 1"=40' H) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures & date. 113) Plan shall be prepared, stamped and certified by a Registered -Professional Land Surveyor. Please note that plans by. a Registered Professional Engineer, Registered Architect, and/ora 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. D Legend & Graphic Aids shall Include: 1. .Proposed features in solid lines & outlined in 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 or 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. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. 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 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 x the # of parties of interest on the abutter's list for the decision mailing. 11.13. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1 "x2-5/8" (3 copies for the_ Legal, and one copy for the Decision mailing). 11.C. Applicant shall provide a check or money order to: `Town of North Andover" per 2005 Revised Fee Schedule. ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. d PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a !/ARIANCE Please com 1efe P 4 1. Petitioner: *Name, *Address and telephone number: Dundee Properties, LLC. Jeffrey Sheehy,. MANAGER P.O. Box 3099 - Andover, MA 01810 978-682-4042 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 tinder this ownership: Rlizaheth M Fishhpin 5 Carmel Road Andover, MA 01810 Years Owned Land: 3. Location of Property: a. Street: 102 Peters Street Zoning District: b. Assessors: Map number: 24 Lot Number: _ c. Registry of Deeds: Book Number: 7274 Page Number: 21 lel 2 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Sections 7.1; 7.1.1' 7.2; 7.3; 9.1 and Table 2 (Business 4) of the Zoning By—Law. "Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. A. Describe the Variance request: Applicant seeks permission to demolish an older single family dwelling and construct a new commercial office building in a Business -4 Zoning District. The existing house is a non -conforming use in a Business 4 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. 66,685 - OK %. 95' OK OK 37' 35' 35' CBA = 46,845 s.f. B. NORTH ANDOVER ZONING BOARD OF APPEALS application for a VAKIAN U C 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 13,315 k n a 105 2 6 C. Proposed Lot(s); Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 13,315 21 105' 11 Minimum Lot Setback Front Side A Side B Rear n 4a-- --nLa -n- Ra -- Minimum Lot Setback Front Side A Side B Rear 731 _13 � 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 80,000 25 200' 11 1(2' _ _1;() 1 50.' —�9'- 7A. Existing Building(s): Residential structure to be demolished Ground Floor Number of Height Total . Use of Number Square feet Floors Sq. feet Building" of Units** *Reference Uses from the Zoning Bylaw & Table 1. *"State number of units in building(s). 7B. Proposed Building(s): Ground Floor . Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units" 2745 1 X745 Commercial—Profession and Business Offices •Reference Uses from the Zoning Bylaw & Table 1. "*State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting . documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application req ' ements, as cited h,�rein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this/ -plication asompte. n T name(S) here. / Domenic/J. Scalise, Esq. Domenic eat. $WIm % ;Y so MOMS~ IVO. Andfer, MA 01846 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice-Chainwaia Richard J. Byers, Esq. Clerk ° , Daniel S. Braese, Esq. Richard M. vaillancourt 9 •'`� � -, Arlo Legal Notice North Andover Board of Appeals Amended -Legal -notice Michael Y. Liporto Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, November 8th 2011, at 7:30PM to all parties interested in the petition of Dundee Properties, LLC for property located at 102 Peters Street (Map 24, Parcel 21), North Andover, MA 01845, located in a B-4 Zoning District. Petitioner is requesting relief from 9.1 of the Zoning By-laws a Special Permit for a Pre-existing, non -conforming structures or uses. Also Variances are needed (from Table 2). 7.1 -lot area; 7. 1. 1 -Continguous Buildable Area; 7.2- Street Frontage; 7.3 Yards (setback), 9.1 Non Conforming Uses and Table 2 of the Zoning Bylaws. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. NORTH ANDOVER BOARD OF APPEALS Amended Legal notice Notice is hereby given that the Board of Appeals will hold a publict hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, November 8th 2011, at 7:30PM to all parties interested in � the petition of Dundee Properties; LLC for property located at 102 Pe -� ters Street (Map 24, Parcel 21),l North Andover, MA 01845, located) in a B-4 Zoning District. Petitioner is requesting relief from j 9.1 of the Zoning By-laws, a Special Permit for a Pre-existing,noncon- forming structures or uses. Also Variances are needed (from Table 2). 7.1 -lot area; 7.1.1-Continguous Buildable. Area; 7.2 -Street Front- age; 7.3 Yards (setback), 9.1 Nor• I. Conforming Uses and Table 2 of the ! Zoning Bylaws. Application and supporting mate- rials are available for review at the of fice of the Zoning Department 1600 Osgood Street,. North Andover, MA, Monday through. Friday from the hours of 8:30 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman ET —10/25, 11/1 /11 ry ` d / By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: October 25, 2011 Nov 1, 2011 —I mN• d_cao—��o"E m ��'`ta� oc ms vc °O> $ ooz= 10w-2 mro2dr yn L c E U 0.0— LL O Er E c'm fA Y NL`NdGro —RW o oo O. C3 c cc°°Cc co -o o4t- m_ L°.N ° l6Ewaarn,vioUo2:sa romr .'"cNrn>cOoQ ooo>wu>c Oaoo:wc °Q25 =N._ zo'.oo.�F N0N�mZCvw Z>O�WCa`❑0) �N'Do"2m= LL N0 — °M �v w yzp�mz"z aQa EM220 c_mmg«vcq m°'a) 'c:: w �?m•w- ca c 6 d O N .0'Eo 'o L Fw m -.Z3o5o d 20"6 07 �LL7 �, o (D '0 L`C U0�oOOQdip LO°°OCNN CN ONoO dEO�) .0OE.y>,NO�l 1Zr'=6'E<WN O( a.mCaOd22 .m.:Gj29 i 7 ON 4- mU Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi II1, Esq. Cbairman Ellen P. McIntyre, Vice-Cbaimran 02 Richard J. Byers, Esq. Clerk Daniel S. Braese, Esq. 1 's Richard M. Vaillancourt Legal Notice North Andover Board of Appeals Associate Members - Michael P. Liporto Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, September 13t' 2011, at 7:30PM to all parties interested in the petition of Dundee Properties, LLC for property located at 102 Peters Street (Map 24, Parcel 21), North Andover, MA 0 1845 , located in a B-4 Zoning District. Petitioner is requesting from 9.1 of the Zoning By-laws a Special Permit for a Pre- existing, non -conforming structures or uses. Also 3 Variances are needed (from Table 2). violation, 50 feet required, 18 feet. proposed. One is for the Left side setback The second is for Right side setback violation, 50 feet required, 13 feet proposed. The third is for Rear setback violation 50 feet required, 15 feet proposed. Application and supporting materials. are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman NORTH ANDOVER BOARD OF APPEALS-' Notice is .hereby given that the Board of Ap- peals will hold a public hearing at The North An- ¢ ¢ > a v a o. N m rn o ¢ a ° dover Town.Hall, 120 Main Street, North Andover, MA on Tuesday, September 13th 2011, at 7:30PM J p •D qi C N •°p o � o r, a o o. E to all parties interested in the petition of Dundee Published in the Eagle Trill 9 -2 z° a Y ° a N.0 9 " ° T ° L ° ; d6 g Q t Properties, LLC for property located at 102 Pe= a o r° i° �' 3 y o w mD o o v ters Street (Map 24, Parcel 21), North Andover, m r E a°i Aug 30, 2011 a m F o o o �' o o 0• .� a 2 MA Zoningcated in a B-4 rs Dof t LL - cj _...ZO "-0 N Sept 6th, 2011 O ro m N o o �� a v > a) �, y ° m _c r W etitione45, requesting from o Zoning. By-laws a Special Permit for a Pre-existing, non- L o ¢ is c (D � n- a �E E 1° v m �, vo+ E o t Q -'(a In ` t £ N 2 8 m � z � a � o Z . mo _ m - conforming structures or uses. ' Also 3 Variances are needed (from Table 2). a°'i f E o a m c o m 5-60 US o a o° �, 50 feet required, 18 feet proposed. The second is ne is fbr the Left- side setback for Right m j N a y as c a w a o �, w= aoi m o� side setback violation, 50 feet required, 13 feet c T �a m a? Q °��' 2 m' c W -16 L c:. 00a- 'm a r ! 50 feet required, 15osed. The f eetis for Rear proposedetback violation = V Z •° _ c � N d Y m J •> m m 3 0).r- � .12w o O ° m Application and supporting materials ate avail - able for review at the office of the Zoning Depart- (D (DO .W t 3 r m m ui c cM o 7 a. c �2 m o r°` g O c 3 ~ c a o E °N' fO m ment 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM •`' °a° o o y Y" ` as Z Z 'o ¢ o ° ¢ a o ¢ c 0 0 o a -'a o oo to 4:00 PM. By order of the Board of Appeals a1°i av . a .. m v O .y $" ,� E o Albert P. Manzi III, Esq., Chairman' ET - 8/30, 9/6/11 4t 4R� _� ffi hf r` fri jr r t y �,rOW RV "47 4 P r�'eN1 j� - 7 R �i 13�p: ,{aA. his lb• t, r}r t # Srj+ t �'� '.r� 'cwt Y•,£"' � � L 6 � _4��i �' fq7 'A'�. t{ i 'SYS Att, °i fj i ^. '�`:. �'��,. ,3 .s' � S A y�l 'f� h"�, � •, N.. . . s�� �.:" .4 S' :,a:� 3 XKY �� $y,. Y �'''a VT fix$ AA t` 4 i� ak tr s3 s 40 V. b h�. �_ (���: t app #� ��� �•FJ � l�.' M� *y ki �,' �3. .r-� O wK„F Y � :�: ' �. i t All, nla IN,a- x', f# 05J 1, . f �� � � y' tf.Y. •,,� ��'�, € .�- `.� � _ x3 m.� 1 � ��" � ..,+1°» �" r. t WN PS tt � "%. �i � raj � a' � ��� •�, � t , "�i �4 4 r" �` { t '�« �'.� . 1: qa f t, ti t� �q F y�. ski „w pYf''d ,� P � 3 "'�- ° a _ r /•'p,�..., j d,�f; I - ✓I� yy . �..�r �i � r' , �1� e3 ♦ 4Mf g P d y •.J4,A eY' J y i 9 k' f �r t'at^ iIN4 L, I .pF� 4 .ra 'tic �� �f �. ".' Yid ay wA•. ';,� �E.�f"� N% t, #a��^y.,�� � Y s 4ivae' ti a E d, '�., x'' Y : yfx '� ;.,i _ . 'd' w E •r', s, 'y«.P P. 1 Communication Result Report ( 0c t. 11 2011 8:15AM) 2) Date/Time: Oct,13, 2011 8:14AM File Page No. Mode Destination Pg (S) Result Not Sent ---------------------------------------------------------------------------------------------------- 3717 Memory TX 9787942088 P. 1 OK ---------------------------------------------------------------------------------------------------- Reasonfor error E. 1) Hang up or line fail E.2) Busy E.3) No answer E.4) No facsimile connection E.5) Exceeded max. E—mail size.' Town of North Andover 11-0cr, S -,a, ZONING BOARD OF APPEALS ni-i-ovEn LlQp d 9. AfaadJ55, 66g. 69,rA ra V. r1eaTN 6f(ea.%.iifC.%fllr�te,�oL(�fa/MYaa Of�...o': O 2k4a dT . 2pe a Faq. (%rr. 2011 OCT 12 Pil 1:r 17 .%.WdS. rJhame 6q,s a „1 . tirMul.Ai4lai@faaeaart QddOCIR1L J)f[frfQeXO . AfzdMue J^..Pipoata Date // CICS f ,j Town ofNodh Andover ZoningBoord 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 Variance Special Permit Comprehensive Permit (40) Finding For property located at: / STREET. !D 2 tor— MAP: o� MAP: 4 7 PARCEL: TOWN: North Andover. MA 01846 TO MEETING DATE(S): {� _ NAMEOFPETITIONER: U,iOeE SIGNED: Petitio (orpetit srepresetdative) IWI01-1 streetH KIM 2a- I'll 2.76, 14sse urth AM—,, W.—us 07645 Phoew-976-6689541 Fra -9764669542 Web-mrw.mxwfnoohendoveeeom Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Daniel S. Bracse, Esq. Richard M. Vaillancourt Town of North Andover ZONING BOARD OF APPEALS '�`gATeD gyp/ Legal Notice North Andover Board of Appeals Amended Legal notice. Associate Members Michael P. Liporto Zarin Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 .Main Street, North Andover, MA on Tuesday, November 8th 2011, at 7:30PM to all parties interested in the petition of Dundee Properties, LLC for property located at 102 Peters Street (Map 24, Parcel 21), North Andover, MA 01845, located in a B-4 Zoning District. Petitioner is requesting relief from 9.1 of the Zoning By-laws a Special Permit for a Pre-existing, non -conforming structures or uses. Also Variances are needed (from Table 2). 7.1 -lot area; 7. 1. 1 -Continguous Buildable Area; 7.2- Street Frontage; 7.3 Yards (setback), 9.1 Non Conforming Uses and Table 2 of the Zoning Bylaws. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: October 25, 2011 Nov 1, 2011 .:r ."�� r.'a'uy ,�.. `� Z'J FrY.��t k_;'t7P'*f"'� ` sn-'♦aY. 410 x X Rr ly a i �' i 'b+• � Vii. '��t,,��5 � �. ,�[jjT/ ,,, f¢. .'iii s��p �}+� �?} � YE:i'1 ^Y -. a. +. i, ZVI yrs^ � � 'r3 •, r :: .• "F��� '3 ,. �'�'' _� .� r.� f�� y�+yP °7 ?t�. �ZI i� � �'i � '� � "; ]L ., . i,� Y� � t A � � 4 � a� + �^ ^,f � y'r� .; x V , �gfti 3� Is + ' S pz , p • ' 'R' •.. ,s e' f � a�' ' fay, � � lffi K � �` .�'^''�,, 3a. ';.•per, ,f ' . M Jrr sx �3 � , � 4•? rt, w ^� � � � �t ��d r ~•g r � �6 � IP .t J 'n r�t$,S g�� cM(Y�j3 •w." i c ! P:g` fi4 X si a4'�a AS eA ofs In 2v 14 � �� 't' r� t tr � :C `�'J� � f r � '; . ;nom �� x: • � P... N L Y ; A`5 � {. `a. �� e��tc V„epa fir'` .a,� ��,i � ��`x�:"r ��`'��#• ��� '�� �; 1 f, , � < `� � �' �. �v - Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chaimran A�f_ic Ellen P. McIntyre, Vice-ChairmanRichard J. Byers, Esq. Clerk Daniel S. Braese, Esq. �# i Richard M. vaillancourt Legal Notice North Andover Board of Appeals Associate A7emberc Michael P. Liporto Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, September 13th 2011, at 7:30PM to all parties interested in the petition of Dundee Properties, LLC for property located at 102 Peters Street (Map 24, Parcel 21), North Andover, MA 01845, located in a B-4 Zoning District. Petitioner is requesting from 9.1 of the Zoning By-laws a Special Permit for a Pre- existing, non -conforming structures or uses. Also 3 Variances are needed (from Table 2) violation, 50 feet required, 18 feet proposed. One is for the Left side setback The second is for Right side setback violation, 50 feet required, 13 feet proposed. The third is for Rear setback violation 50 feet required, 15 feet proposed. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Aug 30, 2011 Sept 6th, 2011 Albert P. Manzi III, Esq. Chairnmu Ellen P. McIntyre, Trice-Chairmmr Richard J. Byers, Esq. Clerk Daniel S. Braese, Esq. Richard M. Vaillancourt Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals ;Amended -Legal notice- __ Assoade ndemUers Michael P. Liporto Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, November 8th 2011, at 7:30PM to all parties interested in the petition of Dundee Properties, LLC for property located at 102 Peters Street (Map 24, Parcel 21), North Andover, MA 01845, located in a B-4 Zoning District. Petitioner is requesting relief from 9.1 of the Zoning By-laws a Special Permit for a Pre-existing, non -conforming structures or uses. Also Variances are needed (from Table 2). 7.1 -lot area; 7. 1. 1 -Continguous Buildable Area; 7.2- Street Frontage; 7.3 Yards (setback), 9.1 Non Conforming Uses and Table 2 of the Zoning Bylaws. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: October 25, 2011 Nov 1, 2011 r.--' algc -rc ''� tmc:. E N ca�•ywoQui c N d^ 0 c 0 O a L N c,,r=3°� a+a*'°' o�0 0 ooz asmco�" �E .� _7F ON a1 'CNNU �dU.. - &LL�O Ei; •E Q'l6 ca Q` C L N a1 0 d 0 N CL O •0 C N 01 *• C j 0 n'L J m>¢coa,oT roc a c°'°'o r3Ev°�aaU S:20 '0 caa� --6)ioTa�'im cc 42) odreRoop6 >W�>oo ao c talc CnoF o>as¢ o N Da O'p1'cQZE O Ldp �70UyT:0 d �C � 7�a1 L��F pW a ZQ C>`?iCN� r C ONQN 7m N O 0 rrv0 '00a0�000_r Qo�,� Z ZapI-m-5aai'W W.ayi Co�Z"'1Y•c� rn`�a�c, �p`1MV N oc« �Q asp 1 Z JLa�o amia1�a`1cyc c o �� c 00000 .R�dmQl-m N�coycL 00NN�0@ Na}�N�>N OLM a>dN 1 c > ca a� Cn co c:.•DaoQcg��°ad�Noa1�N> •o°1MEC0c`aLv>�r`1 d0007N~_EL15 fnQV-'•L"•�rnON-�f�0611 x..-000 e>'— E oa cr ocn q..,..rLmn ° E FQ �r:�.nS.�:cQ N.m ) �mQ,! goers Zoning Bylaw Review Form Town Of North Andover Building Department 'r "* 1600 Osgood St. Bldg 20 Suite 2-36 9SSACHUSEt North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 102 Peters Street Ma /Lot: 24121 Applicant: Petitioner: Dundee Properties, LLC. Owner: Eleanor M. Fishbein Request: Demolish single family and construct a one (1) story commercial building 3,600 S.F., GFA Date: August 16,2011 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning B-4 Remedy for the above is checked below. Item # ' S ecial 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 X 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies Special permit for preexisting nonconforming 3 1 -Lot Area Complies 3 Preexisting frontage X 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 4 Special Permit Required X 3 CBA Insufficient X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient X 3 Preexisting Height 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient X i Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed - - 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed N/A 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 1 Parking Complies X 3 Insufficient Information I 3 Insufficient Information 4 1 Pre-existing Parkin Remedy for the above is checked below. Item # ' S ecial Permits Planning Board Item # Variance X Site Plan Review Special Permit X 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 Sp ecial Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit X Special permit for preexisting nonconforming Watershed Special Permit 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 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 above file. You must file a new permit application form and begin the permitting process. -/ Buildi g Departm nt Official Signature Application /Pd Application Denied Denial Sent : If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Item. Reference „Reasons for 9.1 Non -conforming Uses. Preexisting. Non -conforming structures or uses. Special Permit needed. Continuous Buildable Area (CBA) -60,000 Square feet required provided 13,155 Square feet (Section 7.1.1). Table 2 Summary of dimensional requirements Left side setback violation 50 feet required, 18 feet proposed -Variance Needed Right side setback violation 50 feet required, 13 feet proposed -Variance Needed Rear setback violation 50 feet required, 15 feet proposed -Variance Needed 8.3 Site plan review -Special Permit -Planning Board 1)Any new building which contains more than 2,000 square feet of gross floor area, 5 or more new or additional parking spaces are needed, proposed square feet 3,600, proposed 15 parking spaces. 7.2.7 Frontage Exception- Preexisting non -conforming. 7.1 7.1.1, 7.2, 7.3, 9.1 and Table 2 ,(Buisness 4) Variance Referred To: Fire Health Police Zoning Board x Conservation x Department of Public Works x Planning Historical Commission Other Buildinq Department D wFa� 8 4 4 a li Vt2 (1 Zln<Fdrr �QQDXI'-o/v��jjji L�0 N ri ,. aF Fo Z <m.°�° °v C7 �ln wC) dNOZ-)3aUZOw0mo < < MI _ 4 ul w=omwNQom 9 o sr oa (n L, ♦-W o a U zO m 7i�3 F-QjNWo3= Jo w as w Z l}iJ��VIW��a' Q pa. Q JQUC ZZ iva7Q Fz¢W aa �wv" o 0 0 U o N<3�nocn UQ.z3:WaZo a o a 0 a 0 00 xo�=yo32c3 _ w�wZzO� -of<W¢Mzw v=io3MFFSw0� �Op��F/ipppE// I � Sp5 13 / ovq. t 15 i 4p,OQ SEMEN rn i i � � � WEP EP c,EvJF'R 5B l�s I o W. nl r Z zw O N N•6.A•D. py/N 1618 4 N A A a a A \ A a an A 10, �b A A A>> A a a /LLJ Q V / a O clL n 8 4 4 a li Vt2 (1 M M L�0 N ri ,. aF yay N () � <m.°�° °v C7 N " J < MI LL 4 ul o sr O Z cc o (A w O N Z D m U a 4 N A A a a A \ A a an A 10, �b A A A>> A a a /LLJ Q V / a O clL n U9 E F ZW O rn w N.a.A•D• PSN f616 CD z V) X W fh u10„ r, LE 9xMCA fn m a nI.1nW0:— fa �5 XRxg� L�0 -W4Wa0 aF yay N }!? N M N <m.°�° °v Lr) O M < MI U9 E F ZW O rn w N.a.A•D• PSN f616 CD z V) X W Petition August 25, 2011 To Whom it May Concern North Andover Zoning Board of Appeals North Andover Planning Board Re: Applicant -Dundee Properties, LLC. Jeffrey Sheehy, Manager Property- 102 Peters Street, North Andover, MA 01845 I have reviewed Mr. Sheehy's proposed plan for a small professional office building on the site and would have no objections as proposed, and request that the North Andover Boards approved the applications. Name: ate: #6 Address: �///w 97g d�7ZS�6 I I I I I I I 1 I 1 I I I I I I I I I 1 I 1 I I I I I I I 1 1 1 1 I I I I I I I I 1 I I I I I I I 1 1 I I 1 i I I I I �1- olawlnax°. A.1 rrm°cc Proposed Office Buildin Dundee Properties, LL� 102 Peters Street. North Andover, MA e°" 01e °10"1p Maclaren Architects 11 main street Associates LLC. Planners Atkinson, NH 03811 a"-'"0' Pfp Proposed Office 6ulldin R,o;e.t., Maclaren Associates LLC. A.3 Dundee Properties, LLArchitects Planners 102 Peters Street. North Andover, MA 11 main street Atkinson, NH 03811 :r I 1 m. �1 jFj ��■I 'I IIIIIIIINIINIIIINIIIII IIIIIIIIIII�INIINIINIII 1 ' HIS �:�.:_:0111 :! ''�I�1. �'���`' '0 oil ;' � �;;!: INIIIIIIIIIIIIIIIIINIIIII 1. 1■1 Al■1.,�. 1 ' :1:1;,1.•1:1:,1..1:1:11..1:1 ' ■°■°'1''1'•1"'••••111■.'� IIIIIIIIIIIIIINIIIIIIIIIII ==1== ' ■1•:::1•::•::•1•::•:::1A::•: IIIIIIININNIIININIINI 1: :1■1:01,� unu�mnn�liil I ; Wil . 1 i 11'1:;1 ■ 1■:1 1■'1:•1 11'1 :1;!!A: a1 1 1 1 [_�-C—� �' ��j ____ _ �, __._ _� �--�-- .I 1 1 1 1 � 1 � III ,::.. (IIII� II II ( .11; :1:1!`, /�:1.1'11:■■1` .,..'1■''�' I■A■ 1.1;, _.._ �I�_ I m .I 1 . 1 1 1 1 ' •:1::;11 ;1:;;11 ;1:;;11 11y '� 11''■:1 11'1.:1� ;!1 :1:1111.!!:■;Ilr.a j•:Iayl ;I:1.11•;G :111 I.1:1 h''1:1■■j11.11.,1,1. �'Ip1'■■•11!1•:� ;IIA:.1. Ilj 1 I ! 1 I . I ; I � IIIIIIIIIIIIIIIIIINIIIIIII 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIi� IIIIIIIIIIIIIIIIIIIIIIIIIIIII Iy=ClZ17 fir_ I i .�I� 1 I - AAAI 1i'!t •�:111'■tl;4:;111 :'a: / � ■ .■■11y ■■■1 1 .► 1 ;..IA ■ ■t1A i tt,1 ■1'■:1'1'!1■�:■1'!1'i;G 4:InA_Ip .Llpl■ 1 ■;A, \ ■ y . �� 1 ■�:1j1 "°. �: ' I I'� �CCI�I •___ jam• ___�. _ _ 1 1 - 1 1■1■Ilj 1■It �''t:�l 1 :';i1 : :: 1■ ::11 ■1 ■■-4■1 y-1 1 '1111.111,■11 1 1 1:1■j■1: 1 1j■1:1 1:11.;1■1:1 1 :1'■ylA:1'■:•1• :1 : 1 ..1'I �,. 1, i:dl'I 1•■■1r 1 1 ■11•, Ill'I II,. I, Ij•a■ 1 ��: IIIIIIIIIINIIIINIIINIIII _I.:: ■ -: I:i:{ ■11� I__ _:: Lim --I' 1 III .11:11' :I �'.I HEM. ;�■:i ! •1_ ■:1•11:1;1 I•J m �Illlllllnlllnlnllllllllllll' �' I; �■•1 j•jl:�tll'■�■ 111■, 1. IIIIIIIIIIIIIIIIIIIInnnll A :1■1:11-:Id;11-:I■1:1� �-,=viii 1 1 \1!1:■:i1�1!jpAl1�1!jjpr 1 1•■■•1 __ 11__r--- 'IC - � 1 1 I ■■ ,�!1A X1.111%'• \j■1 r ID��II 1,.!.r _ 1 ■ . IIIImIImINIIIIINIIINIII� Ly.L--_■a � 1 I 1 ' � ollp�i ., I Illllllllllllllllllllllllllliii Will 1 1 1 I / i , . r a"-'"0' Pfp Proposed Office 6ulldin R,o;e.t., Maclaren Associates LLC. A.3 Dundee Properties, LLArchitects Planners 102 Peters Street. North Andover, MA 11 main street Atkinson, NH 03811 m N m r m D m r— m D O Z Drawing Ne.p,eIe t: Proposed Office Building:Rev. Dates: ` M a c l a r e n A s s o c i a t e s L L C. g„g m A�4 Dundee Properties, LL��- Architects Planners 102 Peters Street. North Andover, MA 11 main street Atkinson, NH 03811 Dlawiny a".- p,,,<c,: —Dates: Proposed Office Buildin W,aM a c l are n A s s o c i a t e s LLC. „py A.2 Dundee Properties, LL8: Architects Planners 102 Peters Street. North Andover, MA 11 main street Atkinson, NH 03611 O N N 0 V V A ON . e _ r r----------------------------- q Z -------------------------------------------------------------------------- , C O C: D N I � N I I (A i rO M i x ®A I I , m on I I i 1 1 i � � � I O ----c i n 'U D O� D 1 O� 0 D t Z � i I 1 I I I I 1 1 1 1 I I I 1 T I I 1 1 --------------- I I , I , , � � I I I 1 I I I I 1 , I I I I 1 1 I ---------------------------------------------------------------------------------------------------------------------- I � I I 1 1 I 1 , I , I 1 Ln N a r O o O 58'-0" � r 6'-6" 9'-0° 9'-0° 9'-0° - 9'-0" 6'-6° D Z I I I I 3'-0" 5'-0" I 1 I I I 1 p - - o 1 -- ------------------ I 1 — QZ I Ui ® O +� - - — ----------- ---------------------------------- 3°-0° Ir M 0 zm - 1 I -- - ------- - — I - — - — - — - — - -- C, I I Cli i, °C 6'-6° 9'-0" 9'-0" 9'-0" 9'-0" 9'-0° 9'-0" 67'-0" Dlawiny a".- p,,,<c,: —Dates: Proposed Office Buildin W,aM a c l are n A s s o c i a t e s LLC. „py A.2 Dundee Properties, LL8: Architects Planners 102 Peters Street. North Andover, MA 11 main street Atkinson, NH 03611 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Richard M. Vaillancourt Daniel S. Braese, Esq. Town of North Andover ZONING BOARD OFAPPEALS Associate Members Michael P. Liporto TOWN OF NORTH ANDOVER — ZONING BOARD OF APPEALS CERTIFICATION PURSUANT TO G.L. c. 39, SECTION 23D OF PARTICIPATION IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session; cannot be used for missing more than one hearing session] (name), hereby certify as follows: 1. I am a member of said board. 2. I missed a hearing session , on the matter of �rs�,Le e f 117Al2Z -�d/ hich was held on ? _0e— 3. I reviewed all the evidence introduced at the hearing session I missed, which included a review of (initial which one(s) are applicable): a• audio recording of the missed hearing session; b• QA video recording of the missed hearing session; C. IN -__ a transcript of the missed hearing session. This certification shall become apart of the record of the proceedings in the above matter. Signed this day of 6C 20_ Received as part of the record of the above matter: Date: By: Position: 1600 Osgood Street, Building 20 -Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.toAnofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS QQPred Y. Jtanzi 399, Ferry. 6Wwm i'Ma cd Y. J3c�m, bq- &e4o� y` . o L t Omit S. Xweae, &q. * 70 J kfiavcd iff. `Uaiffarico" ffiaadat4e JtelrLbm Atkhad J..Cipowa Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 TONPll-Ierk-"pmenSt m j 9i 2011 SEP 14 A1110: 08 Date ✓ V �J�j' r'/ 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 Variance i3 i Special Permit Comprehensive Permit (40B) Finding For property located at: r STREET: MAP: 02 PARCEL:'1 TOWN: North Andover, MA 01845 TO MEETING DATE(S):_ �C%/- NAME OF PETITIONER://," l. n D 7K SIGNED: itioner (or p eloner's representative) 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - mm.townofnorthandover.com a Albert P. Manzi 111, Esq. C15ahman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Daniel S. Braese, Esq. Richard M. \'aillancourt Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals Associate Aleizlbers Michael P. Liporto Zoning Ei forceurent Ofcer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, September 13th 2011, at 7:30PM to all parties interested in the petition of Dundee Properties, LLC for property located at 102 Peters Street (Map 24, Parcel 21), North Andover, MA 01845, located in a B-4 Zoning District. Petitioner is requesting from 9.1 of the Zoning By-laws a Special Permit for a Pre- existing, non -conforming structures or uses. Also 3 Variances are needed (from Table 2). One is for the Left side setback violation, 50 feet required, 18 feet proposed. The second is for Right side setback violation, 50 feet required, 13 feet proposed. The third is for Rear setback violation 50 feet required, 15 feet proposed. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. Published in the Eagle Tribune on: Aug 30, 2011 Sept 6th, 2011 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman 'NORTH ANDOVER BOARD.OFAPPEALS. t Notice is ,.hereby given =that the Board of Ap-. peals will hold a public hearing at The North An dower Town..Hall, 120 Main Stree4, North Andover, MA on Tuesday, SeptembOr 13th 2011, at 7:30PM to,•all parties interested in the petition of Dundee Properties, LLC.for"property located at 102 06 ters Street (Map 24,Marcel 21), North Andover, MA 01845, located in a B-4 Zoning District—' , . Petitioner is request.ng.from 9.1 of.the Zoning' ,By-laws a Special Permit for a Pre-existing; non- conforming structures or uses. #i Also 3 Variances --are needed (fromoTable 2).) 'One is.for the Left side setback violation, 50 feet required, l8 feet proposed. The second is for Right side setback violation, 50 feet required; 13 feet proposed: Ttie third' is for Rear setback violation. 50 feet required, 15 feet proposed. Application and supporting materials are avail- able for. review at the office of the Zoning Depart- ment _1600. Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to'4:00"PM. , By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman ET = 8/30, 9/6111 Prol 1:Proposed Office Building: a.1, Maclaren Associates LLC. poi Dundee Properties LLC Architects Planners 102 Peters Street. North Andover, MA 11 main street Atkinson, NH 03811 oa .e wa D C co to cc ca -13 LZ cc C q cc q >z� x a Baa z V J a LL 00 IL X > 0`� • 3 6 SP ACES 2 i i 991 i i 1A O -. 4 I RL fl a - .---,1 O I— N O N cc rA M N o 0 N N N y d K OZZ O � W Z q Gfl G yy q�`• F N O Z W O re m p..N tU ¢tea�� � •1 is O w a g Lf Q N EEE 00 IL X > 0`� • 3 6 SP ACES 2 i i 991 i i 1A O -. 4 I RL fl a - .---,1 O I— r TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS SEECIA>L-- -,-,� , C -n PEF�M"fil 4 NAME I _ - r ADDRESS OFAPPEAL 102 Peters Street, North Andover, MA' tri ' . Town Clerk Time Stam r rti Procedure & Requirements forij Brij �1r 1. an Application fora Special Permit Ten (10) copies of the following information must be submitted thirty (30) days prior to the first pubii6hearing. 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. A!i information as required in items 1 throuah and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited i► r 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• Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board.of Appeals secretary. IMPORTANT PHONE NUMBERS: Office of Community Dev. & Services 978-688-9533 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 Fax 978-688-9542 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals office STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a nearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication i n 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 vAr-h^u? ,4ue cauFe ., D_;1a._ . v: • ve:: mf of ih petition, the Board shalt 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 h 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. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, Myiar, and any accompanying plans at the Essex County North Registry of Deeds, 384 Merrimack St., Lawrence MA 41843, and shali complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: North Andover Town Hall 120 Main Street 978-688-9566- Assessor's Office 978-688-9501 Town Clerk Page 1 of 4 9". WRITTEN DOCUMENTATION _ Application for a Special Permit must be supportld.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. 40k 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. 5. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria 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 m Ust be s, r{ mitt ,r ith'th• tion t th —1 111 6�1 with 'this application t0 tnC' 1 own Cler k's O"'ce and ZB P fa 1 mf In7 t third ( Jn1 A— __s QH $eC. a _ry -S. =:1 J i prior to the public hearing before the Zoning Board of V 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, II) three (3) or more dwelling units,. III) 2000 square feet of building area. Major Projects shall require that in addition to the above features,...plarts must show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1"=40' M One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date. E11) Plan 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. II) Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in 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, fu,nh an tlecke, sheete 2- n�r�eeQ stlall r eiluir a of ly the Dian information ac i ,;i n. r_ fed with an. asterisks (*). In some cases further information may be required T 1. 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 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 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 petition must be submitted. ©®. Page 2 of 4 North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Please complete all items 1 v 10 on pages 2 through 4: 1. Petitioner: *Name, *Address and telephone number: a Dundee Properties, LLC. Jeffrey Sheehy, MANAGER Andover, MA 01810 Tel: 978-682-4042 '`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: Eleanor M. Fish.bein 5 Carmel Road Andover MA olsloYears Owned Land: 9y:..e� 3. Location of Property a. Street: 102 Peters Street Zoning District: B-4 b. Assessors: Map Number ,a Lot Number. 21 c. Registry of Deeds: Book Number 7274 Pa ;e Number: 2 4.. General Bylaw Section(s) under which the petition for the Special Permit is made. Section 9.1 and Table 2 of the North Andover Zoning'By-Law. *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner, 5. Describe the Special Permit request: Applicant seeks permission to demolish an older family dwelling and construct a new commercial office building in_a Business 4 Zoning District. The existing house in a non -conforming use -in a Business. -4 Zone. The abov'e'-description shall be used for the purpose of the legal notice and decision. Amore 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 PERllill(T 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces 2 Front . Side Side Rear 13,31_ n/a % 105' n/a n/a n/a n/a 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Syg. Ft . Coverage Feet ces Front Side A� Side B Rear 13,315 21 % l Ops 11 73 —13 15 15 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Sii-dee B . Rear, 4000 126 % 400' R...,.. tSo Q �v 7A. Existing Building(s): Residential structure to be demolished. Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units** 7B. Proposed Buiiding(s): Ground Floor Number of Total Square feet Floors Sq. feet 2745 1 2745 *Reference Uses from the. Zoning Bylaws & Table 1. *'`State number of units in building. Use of Number Building* of Units** Commercial -Professional & Business Offices "Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. S. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be 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 the Zoning Board of this a plication as incom te. Sianature .4 _ 11'r Type �• - Type above names) here _ omenic Scalise, Esq., att rney for applicant . ; D©rnenk A Scalise.-ftq 189 Main Street No. Andover, MA 01845.- Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman �o`tt�ec ,bgtii Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk r° . Daniel S. Braese, Esq. * n Richard M. Vaillancourt Legal Notice North Andover Board of Appeals Amended Legal notice As xiate Members Michael P. Liporto Zoning Erforcenrent Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, November 8th 2011, at 7:30PM to all parties interested in the petition of Dundee Properties, LLC for property located at 102 Peters Street (Map 24, Parcel 21), North Andover, MA 01845, located in a B-4 Zoning District. Petitioner is requesting relief from 9.1 of the Zoning By-laws a Special Permit for a Pre-existing, non -conforming structures or uses. Also Variances are needed (from Table 2). 7.1 -lot area; 7. 1. 1 -Continguous Buildable Area; 7.2- Street Frontage; 7.3 Yards (setback), 9.1 Non Conforming Uses and Table 2 of the Zoning Bylaws. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq.,. Chairman Published in the Eagle Tribune on: October 25, 2011 Nov 1, 2011 Town of North Andover ZONING BOARD OF APPEALS v%ORT" Albert P. Manzi I11, Esq. Chairrwan �o`tt�ec ,bgtio Ellen P. McIntyre, Vice -Chairman 3 °'' �' ° °t Associate Members Richard J. Byers,. Esq. Clerk A Michael P. Liporto Daniel S. Braese, Esq. * Richard M. Vaillaneourt '� '94 _ -• :�•• * Zoning Ei forcement Officer �9Sse,e�,�se��y Gerald A. Brown Legal Notice North Andover Board of Appeals Amended Legal notice Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, November 81h 2011, at 7:30PM to all parties interested in the petition of Dundee Properties, LLC for property located at 102 Peters Street (Map 24, Parcel 21), North Andover, MA 01845, located in a B-4 Zoning District. Petitioner is requesting relief from 9.1 of the Zoning By-laws a Special Permit for a Pre-existing, non -conforming structures or uses. Also Variances are needed (from Table 2). 7.1 -lot area; 7. 1. 1 -Continguous Buildable Area; 7.2- Street Frontage; 7.3 Yards (setback), 9.1 Non Conforming Uses and. Table 2 of the Zoning Bylaws. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: October 25, 2011 Nov 1, 2011 butte f o Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MCL 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 024.0-0021-0000.0. FISHBEIN, ELEANOR M 102 PETERS STREET NORTH ANDOVER, MA 01845 Abutters Properties Map Parcel Name Address 024.0-0028-011S.B. 230 TURNPIKE ST SUITE 115 LLC 203 TURNPIKE STREET #115 NORTH ANDOVER, MA 01845 024.0-0028-0007.A. 451 ANDOVER STREET, LLC 451 ANDOVER STREET#G7 NORTH ANDOVER, MA 01845 024.0-0028-0195.A. DATTA NOMINEE REALTY TRUST 451 ANDOVER STREET, STE 190 NORTH ANDOVER, MA 01845 024.0-0022-0000.0. DWYER, WILLIAM 94 PETERS STREET NORTH ANDOVER, MA 01845 024.0-0024-0000.0. DWYER, WILLIAM J 201 TURNPIKE STREET NORTH ANDOVER, MA 01845 024.0-0019-0000.0. EA, SENG AN 21 BRANCH STREET #4 LOWELL, MA 01854 024.0-0016-0000.0. EAGLEWOOD PROPERTIES, LLC PO BOX 337 TOPSFIELD, MA 01983 024.0-0028-0150.A. HASSEY, DAVID J. 291 DUTTON STREET #3 LOWELL, MA 01852 024.0-0028-0160.A. HASSEY, DAVID J. 291 DUTTON STREET #3 LOWELL, MA 1852 024.0-0028-0OO8.A. HERITAGE DRIVE INVESTMENTS LLC 80 HERITAGE DRIVE LOWELL, MA 01853 024.0-0028-0OO1.B. LABUSA, INC. 108R MERRIMACK STREET HAVERHILL, MA 01830 024.0-0028-0105.A. NA PROPERTY, LLC 446 DUDLEY ROAD NEWTON, MA 02459 024.0-0028-0120.8. NANO PROPERTIES, LLC 203 TURNPIKE STREE, STE. 120 NORTH ANDOVER, MA 01845 024.0-0028-0100.B. NANO PROPERTIES, LLC 203 TURNPIKE STREET, STE. 100 NORTH ANDOVER, MA 01845 024.0-0028-0208.A. NAOP 451 ANDOVER STREET # G8 NORTH ANDOVER, MA 01845 024.0-0028-0210.A. NADP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0211.A. NADP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0213.A. NADP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0214.A. NADP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0300.A. NADP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0300.8. NADP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0305.A. NADP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0315.A. NADP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0330.A. NADP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0335.A. NADP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0400.B. NADP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0401.8. NAOP, LLC 93 UNION STREET NEWTON, MA 02459 024.0-0028-0402.8. NADP, LLC 93 UNION STREET NEWTON, MA 02459 Date 7/8/2011 Page 1 of This certifies that the names appearing on the records of the Assessors .Office as of �,yris+w I, osd/v Certified by: Date "7�butler to Abutter ( ) Building Dept ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A, Section 11 states in pan "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner Is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town' Subiect Property: MAP PARCEL Name 024.0-0021-0000.0. FISHBEIN, ELEANOR M Abutters Properties Map Parcel Name 024.0-0028-0403.B. 024.0-0028-0404.8. 024.0-0028-0406.8. 024.0-0028-0407.8. 024.0-0028-0209.A. 024.0-0028-0200.A. 024.0-0028-0125.A. 024.0-0028-0125.8. 024.0-0028-0130.A. 024.0-0028-0165.A. 024.0-0028-0170.A. 024.0-0028-0180.A. 024.0-0028-0185.A. 024.0-0028-0110.A. 024.0-0028-0120.A. 024.0-0028-0201.A. 024.0-0028-0202.A. 024.0-0028-0205.A. 024.0-0028-0206.A. 024.0-0028-0207.A. 024.0-0028-0011.A. 024.0-0028-0100.A. 024.0-0028-0003.A. 024.0-0028-0003.B. 024.0-0028-0004.A. 024.0-0028-0005.0. 024.0-0028-0005.A. 024.0-0028-0006.A. 024.0-0028-0002.8. 024.0-0023-0000.0. 024.0-0067-0000.0. 024.0-0082-0000.0. 024.0-0028-0200.B. 024.0-0018-0000.0. NADP, LLC NADP, LLC NAOP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NADP, LLC NAOP, LLC NADP, LLC NADP, LLC NADP, LLC NEOS, LLC NOLIN, RICHARD NORTH ANDOVER VENTURES PETERS STREET REALTY TRUST SAINTS MEDICAL CENTER THE BROTHERS OF THE ORDER OF HE Town of Andover Address 102 PETERS STREET Address 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 40 SUGARCANE LANE 93 UNION STREET 93 UNION STREET 93 UNION STREET PO BOX 2105 451 ANDOVER STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 93 UNION STREET 451 ANDOVER STREET #5 93 UNION STREET 203 TURNPIKE STREET, STE. G2 187 TURNPIKE STREET 990 WASHINGTON ST STE 110 1 CVS DRIVE ONE HOSPITAL DRIVE 214 ASHWOOD ROAD NORTH ANDOVER, MA 01845 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NORTH ANDOVER, MA 01845 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 ANDOVER, MA 01810 NORTH ANDOVER, MA 01845 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NEWTON, MA 02459 NORTH ANDOVER, MA .01845 NEWTON, MA 02459 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 DEDHAM, MA 02026 WOONSOCKET, RI 02895 LOWELL, MA VILLANOVA, PA 19805 This certifies that the names appearing on the Date 7/8/2011 records of the Assessors Office as of Page 2 of 2 .`Jgs'��y Certified Date _7111 Attn: North Andover Planning Board North Andover Zoning Board of Appeals North Andover Conservation Commission Re: 102 Peters Street I Eleanor M. Fishbein owner of the above referenced property authorize Jeffrey D. Sheehy of Dundee Properties LLC to obtain the necessary permits from the North Andover Town Boards to construct an office building on this property. Sincerely, Date 6 � (( Eleanor M. Fishbein Phone Number Town of North Andover Town Clerk Time Stamp E tC !'V E-7' 0 ZONING BOARD OF APPEALS Rt - E affv,,d Y. Afatm!,755, &q. 6&Am tjORTH -6 0 201 OCT 12 PH, 4* 11 J'Ucha%d 1. 2yooi &q. 6� 3'w4we, &q. Danid S. J Xichmd At. VaWtatwoud SSACHUSfc ffijaciate, Mem6m. At"ad Y. 4ada 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 Variance Special Permit Comprehensive Permit (40B) Finding For property located at: STREET: MAP: PARCEL: TOWN: North Andover, MA 01845 TO MEETING DATE(S): NAME OF PETITIONER: Ax,470(fe zzc- SIGNED: Petitioder (or p.et-ition—Ks representative) 1600 Osgood Street; Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - wm.townofhorthandover.corn I MEMORANDUM APPLICANT: Dundee Properties, LLC PROPERTY: 102 Peters Street, North Andover, MA 01845 A. The above cited property is an older single family residence on a 13,315 square foot lot. .The existing property is a pre-existing non -conforming use in a Business 4 (B-4) Zoning District. B. Several years ago the Zoning District which includes the locus property was changed from Residential to Business 4 (B-4). The remaining residential dwellings in the new Zoning District became pre-existing non -conforming. C. The existing residence is old and in need of extensive rehabilitative work and is suitable for demolition. The construction of an appropriately sized commercial office building is consistent with the neighborhood's commercial nature. D. The neighborhood consists mostly of offices and businesses along the Route 114 and Route 133 area. The proposed use will create no nuisance or hazards. It will provide sufficient off street parking and will be well landscaped. E. This area of Route 133 (Peters Street) and Route 114 has transitioned over the years from a residential area to a mostly commercial area which is why the Town of North Andover re -zoned this area to Business 4. The requested use is in harmony with the purpose and intent of the Zoning By -Law, as well as the North Andover Master Plan. 0 Ln 0 R-10 I'a Quittlat"M ;Deeb BK 7274 PG 2 I, Eleanor Montgomery, of 102 Peters Street, North Andover, Essex County, Massachusetts, in consideration of less than One Hundred and 001100 Dollars ($100.00), grant to Eleanor M. Fishbein, of 102 Peters Street, North Andover, MA 01845 and Madelyn M. Smith, of 1183 Clayton Road, Williamstown, New Jersey 08094 ("Grantees"), as Tenants in Common and not as Joint Tenants with rights of Survivorship, with quitclaim cobenantz the land in said North Andover, with the buildings thereon on the southeasterly side of Peters Street, and being shown as Lot 6 on a Plan entitled "Plan of Land in North Andover, Massachusetts as subdivided for Plymold Corporation," which plan is dated September, 1946, and was made by Clinton F. Goodwin, Engineer, and which is recorded with the North Essex Registry of Deeds, as Plan No. 1649. Said lot is bounded and described as follows: CJt NORTHERLY: by Peters Street, one hundred five (105) feet; (� Cly EASTERLY: by Lot 5 as shown on said plan, one hundred forty (140) feet; SOUTHEASTERLY: by land shown on said plan, as belonging to Plymold Corporation seventy nine and seventeen one hundredths (79.17) feet; V WESTERLY and SO S 1 hi 10' 25: SOUTHWESTERLY: by other land shown on said plan as belonging to said Plymold corporation a total of one hundred eighty two and ninety five one hundredths (182.95) feet. Containing thirteen thousand one hundred fifty-five (13,155) square feet as shown on said plan. -- Reserving, however, unto the said Eleanor Montgomery a life estate in and to said premises for and during the period of her natural life. Z For title reference, see deed from John R. McEvoy, Jr. and Eileen M. McEvoy to Alfred R. Montgomery and Eleanor Montgomery, dated January 26, 1951 and recorded with the Essex North District Registry of Deeds in Book 746, Page 437. v See Discharge of Massachusetts Estate Tax Lien for Alfred Montgomery, recorded in Book 1498, Page 247 .3n mituto lzbereof, the said Eleanor Montgomery has caused these presents to be executed this 9°i day of October, 2002. eturn to: Marybeth McInnis, EW 807 Turnpike Street' N. Andover, 01845 eanor Montgomery mi)e commanwmitb of Aaaa(buattz Essex, ss. Bk 7274 Pg 3 #58894 BK 7274 RG 3 October 9, 2002 Then personally appeared the above-named Eleanor Montgomery, and acknowledged the forgoing instrument to be her free act and deed, Before me, Marybeth My comm is, Notary Public expires: December 18, 2003