HomeMy WebLinkAboutMiscellaneous - 105 MASSACHUSETTS AVENUE 4/30/2018 (4)A
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TOWN OF a
ANDOVER - "*
BOARD OF APPEALS
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January 23, 1984
Notice is hereby given that the
Board of.•Appeals will give'a
�heahpg, at -the .Town Building,,.'
North ,;Andove(F.`on• Monday -
evening .the .13th-. day -:of
February, .1984, ,at 7:30 o'clock
to all parties interested in the ap-
peal of E..P.R. _REALTY :TRUST-
requestingg a variation o1 See-: J;
t Par. 7.3 & Table 2 of the Zoning
By Law so as to permit the .erec-
lion of open 'front :Sheds which i
,.,will not meet the minimurri'set- 1,
back . requirements on '-the
premises, `"located .:at 105-
Massachusetts Ave: '.
E By Order.of the Board of"AV
peals--:.. -._;.•
Frank Serio, Jr -
Chairman
:Publish N.A. Citizen': January 26
and February 2, 1984 r22-44.1
saute
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{ fi APRILM •� •'
�y�ACNOg�'�r
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
January. 23 19.84
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Buildiin North Andover, on ...2-ionda
...evening ..... the -6#lr. day of ...February........ .
19.8 4 , at -7: 3c9clock, to all parties interested in the appeal of
....... I ........ E...P . Rt . I A�,T . TRUST.... aa.�...... .
requesting a variation of Sec. 7.,.. Par, ..7.3.. & . olihe Zon2ing
By Law so as to permit ... the . ere cti on . of.. open ..f runt
sheds -which -w-i-11. not meet. .the .►ninimum. set-
>ack -requi-rements. .............................
......................................................
......................................................
on the premises, located at ... 105.. iassachusetts . Ave..
......................................................
By Order of the Board of Appeals
3y: Frank Serio, Jr., Chairman
Publish: Citizen: Jan. 26 and Feb. 2, 1984
Send bill to: E.P.R. Realty Trust
105 14ass . Ave.
No. Andover, Mass. A�
aU_
June 11, 1986
Mr. Paul Hedstrom.
North Andover'Planni4 Board
North Andover Town Hall
Main Street.
North Andover, Massachusetts 01845
Dear Mr. ,Hedstrom:
On behalf of my family, I am writing to outline a proposed
development project which my family has been working on for
the past year. We have spent many hours,days and months
discussing and planning how best to deal with the old
Phillips Estate which has been passed down through the
generations .to us. There have been many different thoughts
and suggestions not to mention anxious buyers offering
extremely attractive dollars for the property and all of
this has made us aware of a need to establish guidelines for
the property's future.
As a family, we are not in favor of taking our land and
subdividing it into single family house lots which the
present,zoning might have .us do. We have a strong interest
in preserving the. character of the old Phillips Manse and
the natural setting of Osgood Street, but at the same time
we need to deal with an estate which could present problems
for our family in future years.
Over 25 years ago my grandfather, C. Lloyd Thomas who
resided at the Manse until his death in 1983, had the
forsite to plant trees around the Manse to create a natural
screening in the.event property needed to be sold.
Fortunately, none of the.property was sold and today we have
a physical.sub'division.of the.property which assists us with,
future plans for the remaining land.
We arrived at a conclusion la t Fall that the most suitable
,use for. the land would be xtended Life Care Facility
providing people over 65 i -h Andover and the
surrounding area an -independent living env i- me4i-t_saip4anted-
w,ith ammenities and support staff. Our feelings are that
this type of development will require a small amount of land
(approximately 4-5 acres) and allow us the ability to
preserve a large tract of land as open space, as well as,
the Phillips Manse and Osgood Street.
We have spent time visiting existing facilities around the
country and interviewing potential joint venture partners.
.who have the expertise and track record in this field. Much
to our surprise, we found that a large number of developers
and so called developers are all rushing to do this type of
development but very few have the financial strengths and
qualifications to do ;them correctly.
Through our meetings and discussions we learned about
American Health Capital of Dallas, Texas. This group is ade
up of Aetna Life Insurance Company, The Mellon 'Bank, Oxford
Construction and Development and the Voluntary Hospitals of
America. Their background along with their attitude give'us
the comfort that we are looking for and based on this
opinion we have decided to move forward with a proposal to
the Town of North Andover to develop such a project.
Plans are presently being. prepared which will show how we
propose to situate the building(s) on the back field with
access off of Massachusetts Avenue. At.the same time we
will probably want to build a new house for my family at the
south end of the property on Osgood Street which would be
set. back about 15.O feet and built in a grove of trees so as
not to disturb the natural setting of the street. The
Phillips Manse would probably be put into a trust along with
the land around the Manse so that it can be preserved.
The proposed development would not be visible from Osgood
Street and only during the non -foliage months would the
development be seen from Massachusetts Avenue. The number
of independent living units and extended care beds has not
been determined, but we.. believe it will be between 150-200
on. two or three floors. The.remaing land would be left as
open space.
We believe the location is suitable and offers older
residents who do .not drive the ability to walk to the old
center and enjoy the character of North Andover.
An important issue pertains to the zoning. We do not
believe nor.do we profess that this type of development
should be considered a nursing home. Therefore, it does not
fall under the special permit rule as indicated for
Residential 1,2, and 3. We believe that this type of
development requires a specific zoning which needs to be
written and that it should be presented to the' town at the
annual town meeting. We are prepared to.assist the .town in
writting such a zoning law.
Our hopes are to come before the North Andover Planning
Board at -your second.meeting in July to outline in more
detail what this entire development is about, as well as,
answer questions which we are sure you will have.
We have met with Karen and the Town Development Committee
and discussed this proposed development. We would like to
extend an invitation to you at your convience to come see
the land and the Phillips Manse so that you may be aquainted
with the location .and the topography before we meet. My
home phone number is 688-1752.
On behalf of my family and American Health Capital we look
forward to presenting and working with you on this planned
development which we trust you will find equally exciting.
S4rely,,
Samuel P. Thomas
cc: Members of the Planning Board
and Board of Appeals
Samuel P. Thomas
168 Osgood Street
North Andover, Massachusetts 01845
(617) 688-1752
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MAR H ( 34 ii 184
� pE.•'•"••;lel,
Any appeal shall be filed
�. APRILM :M } within (20) days after the
• pass :g ' date of filing of this Notice
In the Office. of. the. Town
': ssgcHug``;
Clerk. — -=—
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date .... M4i :rqh. Z. ..?984.....
Petition No....7-71.84 .............
Date of Hearing.. February ,13 , . 19 8 4
Petition of E....P.RREALTY TRUST
..... ......
Premises affected ...10.5. lass ..Avenue....... .
Referring to the above petition for a variation from the requirements of the ...Zpn.iPg. .By . Law
_.....Section, 7, Par.... 7.-.3. and. Table..2.....................................
so as to permit ....relief . froin.:the. si:de.-:yard, s,erequirement . to . allow
.:........the . construction. o£, an..open . front . shed ............................
After a public hearing given on the above date, the Board of Appeals voted to Grant.... the
variance. ......... and hereby authorize the Building Inspector to issue- a
permit to -.cons tr-.uc.t . an -open, -f ront.:shed.........................................
for the construction of the above work, based upon the following conditions:. - - -- -- --
1. The shad be no closer to the lot line than four feet, or .in front
of the- light pole, whichever is__greater._
2. The shed be -,-no higher-- than, -twe lve - feet-.
_3... Ivo signs or advertising wil b-e-dl_lowed_on, the- back side or either
aide, or .gri the_ "roof_ or in front -of ..the. --existing light: -_pole =
- - _ _
_. -
lfred..E,_ Fri-ze.11e.,..Es.q..,..'Ji.Ce. Chairman
Sulli.v4n ................ .
x _ _ in_
Aug.us tine.
Wal.ter..F...Soule ..:...............
..................................
Board of Appeals
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AMU
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Mr. Daniel -Long, Town Clerk
Town Office Building
North Andover, Mass.
Dear Mr. Long:
Any appeal shall be filed
within (20) days after the
date of filing of this Nctice
In the Office of. the .Town
Clerk. :_,—
March 22, 1984
E.P.R. Realty Trust
105 Mass. Avenue
Petition No. 7-184
The Board of Appeals held a public hearing on Monday evening,
February 13, 1984 on the application of E.P.R. Realty Trust.
The hearing was advertised in the North Andover Citizen on
January 26 and February 2, 1984 and all abutters were notified
by regular mail. The following members were present and voting:
Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice -
Chairman; William J. Sullivan; Augustine W. Nickerson; and
Associate Member Walter F. Soule.
The petitioner seeks a variance from the provisions of Section 7,
Paragraph 7.3 and Table 2 of the Zoning By. -Law so as to permit
relief from the side setback requirements to allow.the erection.
of an open front shed which will -not meet the minimum side setback
requirements on premises _located at 105 Mass. Avenue, located in
the G -B zoning district.'
Mr. Gene Rosinski, Trustee of E.P.R. Realty Trust, testified that
the shed is needed to store lumber under cover. The proposed
location borders the exit ramp of Route 495. In order to meet
the setback_requirements; the shed would have to be placed in the
a
middle of the parking are. The proposed shed will be approximately
280 feet long _and located three to four feet from the property line.
No opposition was voiced.
The Board rendered a decision at their March 12, 1984 regular meeting
with Members Frizelle, Sullivan, Nickerson,._.and-:.Soule.present ands
voting. -
c;
E.P.R. Realty Trust
105 Mass. Avenue
Petition No. 7-'84
March 22, 1984
Page 2
-'ER
PAR 24 PJ'8q
Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the
Board voted unanimously to grant the variance subject to the following
conditions:
1. The shed be no closer to the lot line than four feet, or in front
of the light pole, whichever is greater.
2. The shed be no higher than twelve feet.
3. No signs or advertising will be allowed on the back side or either
side or on the roof or in front of the existing light pole.
In granting the variance, the Board finds that Section 10.4 of the
Zoning By Law has been satisfied. In particular, the Board finds
that due to the size and shape of the lot, a literal enforcement
of the Zoning By Law would involve a hardship to the petitioner,
since the proposed expansion could not occur. Further, the Board
finds that desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent and purpose of the Zoning By Law.
Sincerely,
BOARD OF APPEALS
Alfred E. Frizelle, Esq.,
Vice Chairman
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(Plan to follow)
Re c 0w-e'd- -Dy_ Tbwn, C-1 e rk
Date:
TOWN OF NORTH ANDOVER, MASSACHUSETTS
C
Das t BOARD OF APPEALS
Tame�
t K Notice This application must be typewritten..
JAN 23 IP43LAXAKON FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant- E.P.R. REALTY TRUST Address 105 MASS. AVE.
Of 140pr"
0
cmust
1 Application is hereby -made
a For a variance from the r-equirements of Section 7 7.3
and -Table 2 of thre Zoning By -Laws.
(b )t- For a Special Permit :und-er S:ect,.l..on Paragraph of the
Zoning By -Laws.
c),, As a party -aggrieved.,, for review of. a decision made by the Building
Inspector or other authority.
2. (a) Premises ar-e land --x -,-and building(s) numbered
Street.
(b) Premises -.:.affected are property with frontage on the North
South (y) East ..)__,West side Of MASS. AVE.
Street, and known as -NO --...105 MASS. AVE. Street.
(c) Premi-ses affected are in Zoning -GB and the -premises
affected have anareaOf 2.27ACRE XX3jN)4XAXf�V)t a n d frontage o f
30 Fe e -.t
3. Ownership - -
a) -- Name -and add-ress--of=ow-ner--( i f joi-n-t-ownership"i give -all names):
E.P.R. REALTY TRUST 105 MASS. AVE. NO. ANDOVER, MA. 01845
Date of, purchase 10115179 Previous-,-Own-er- WEBBER--LBR. & SU
b If a p p Ytc a n t i -s - n o te owner, --check- his -int-erest in -the premises:
Prmspectiv-e--P-urch-aser Lesee-.---- Other .(explain)
4. Size o.f proposed bu i 1 di n -g.: 280 front-; 12 feet deep;
Heizght-- one stories; - 12 .—feet. -
(a) Approxi.mate-dat-e---of --erection: APRIL 1984
(R -AP s s@0 @ u S4 a aq S L 2 UO L 4 Ip ple asp)
n)
C &FL/
-2
ASpUU@lj 00TjntpV 14
*I -S P00mwTH 6:P
-*;s POOMWTH ETV ubsJGPuV T We d
The principal points upon which I base my application are as follows:
(Must be stated in detail)
These storage sheds are needed to take care of the need for
increased storage capacity for lumber. Since the lumber we sell is
kiln dried it should be kept as dry as possible. Tf-the sheds are
constructed in accordance with present setback requirements they
would, in effect, reduce the parking area to near zero. Since there
can -never be any buildings constructed adjacent to the lot line as
rt.495 is there it seems the most prudent course to take.
I agree to pay forr�advertising in newspaper and incidental expenses*
(� 7� Petitioner's Signature
Sec. 1 APPLICATION FORM -
r,.
Every application for action by the Board shall be made on a form
approved by the Board. These -_--forms shall -be furnished by the clerk
upon request. Any communication purporting to be an application
shall be treated as mere notice of -intention to seek relief until
such time as it is.made on the official applicati-on form. All in-
formation called for by the -form shall be furnished by the applicant
-in.--the.-man-ner therein prescribed.
Every--appli-cation—shat.1--be-submit-ted-w:it-h-a 1-ist-of ."Parties__in
Interest" which-li.st_shal-=1 -i7ncl-u.de 7th-e--peti_tione:-r-;--ab utters; owners
of- land di rectly- opposite- on- any public --or pri vate --street or way.,
and -a -butter --s ,to -the abutters within three hundred --feet of the property
1 i-neof the--peti tione-r:-as---t-hey:--appear-on= the most -recent applicable -
--
-tax list, notwithstanding-tha-t-the Jand.-..o-f-any such -=owner is located
in --.-another city - or --town,--the- Planning Board--o'f the =c'ity or town, and
-
the --Planning Boa -rd -o-f-every --abutting=.city--or town-..-
Every-
own::
Every_ appl i cati on .sh-al-1 be -submi tted with -an appl i-cati on charge cost -
in-the'amountAf -$25.00._ In -.a-dditi on, the -pe-t-i_tione:r_-shall -be respon=
sible -for. any Land. a1T -costs involved -_i -n =bringing: -t-he petition befo-re
the --Board: - Such--cos-t-s -shall '.include .'mai=l -i ng --and -publication, but
are no -t --necessa-ri ly limited -to these .
LIST -OF PART -IES -I-N INTEREST
Name- -
Warren J. O'Brien
+- Anthony Ursillo
Roland Cook
Mary T. Bar-ron
�\ Frank Silva
o Angelina DiFalco
Eugene Rosinski
Address-_ -
1.15 Mass. Ave.
119 Mass. Ave.
125 Mass. Ave.
127 Mass. Ave.
29 Elmwood St.
23 Elmwood St.
17 Elmwood St.
f NORTH
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
March 14, 1984
E.P.R. Realty Trust
105 Mass. Avenue
North Andover, Mass. 01845
Attentions Mr. Gene Rosinski
Dear Mr. Rosinski:
As you know, the Board of Appeale granted a variance for land at
105 Mass. Avenue, subject to the following conditions:
1. That the shed be no closer to the lit line than four feet or in
front of the light pole, whichever is greater, and no higher than
twelve feet.
2. There will`be no signs or advertising on the back side or either
side or on the roof or in front of the existing light pole.
Would you please pick up your plan at the Board of Appeala office
for revisions and resubmittal for -the Board's review.
jw
Sincerely,
BOARD OF APPEALS
Jean E. White,
Secretary
0
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ss"CMUS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 17, 1984
Mr. Sherman Eidelman, District Highway Engineer
Commonwealth of Massachusetts Department of Public Works
District #5 Office
485 Maple Street
Danvers, Mass. 01923
Re: 105 Massachusetts Avenue, North Andover, Mass.
North Andover Building Center - Application of E.P.R. Realty Trust
Dear Mr. Eidelman:
A public hearing was held by the North Andover Board of Appeals on
Monday evening, February 13, 1984 on the application of E.P.R. Realty
Trust, requesting a variance from the setback requirements of our -
Zoning By Law to allow the construction of a shed along the Route 495
side of land at 105 Massachusetts Avenue, known as North Andover
Building Center.
Through an oversight, your office was not notified of the__ -public
hearing. I am enclosing a legal notice for your review.
The Board will render a decision on this request on Monday evening,
March 12, 1984. If your office wishes to object to this request,
please notify the Board of Appeals, 120 Main Street, North Andover,
Mass., 01845 prior to "March 12, 1984.
Thank you for your attention.
Sincerely,
BOARD OF APPEALS
Jean E. White,
Secretary
jw
Enc.
NORTH ANDOVER BUILDING DEPARTMENT
120 MAIN STREET
NORTH ANDOVER, MA 01845
INSPECTOR OF BUILDINGS
ELECTRICAL INSPECTOR
GAS INSPECTOR
Board of Appeals
Town Office Building
North Andover, Ma.
Gentlemen:
February 13, 1984
E.P.R. Realty Trust was refused a building permit
because the proposed construction was nearer the lot lines
than is allowed by the Zoning By Laws.
Very truly yours,
CHARLES H. FOSTER
TNSPECTOR OF BUILDINGS
CHF : of
TEL. 888-8102