HomeMy WebLinkAboutMiscellaneous - 1070 OSGOOD STREET 4/30/2018 (6) 1070 0sc Pvo ST-igccT
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LAW OFFICES OF o tit BRADD
.. SHAW
",YCE RAD
JACK BRYAN LITTLE, P.C. TOWN ACLERK
R
401 ANDOVER STREET
NORTH ANDOVER,MASSACHUSETTS 01845 MAR 2 g P 3•
TELEPHONE(978)682-9985
FACSIMILE(978)682-9935
March 28, 2002
Mr. Walter F. Soule, Chairman
Town of North Andover
Office of the Zoning Board of Appeals
RE: Chai Senabunyarithi
Petition No. 007-2001
Dear Mr. Soule:
Please be advised that this office and Attorney Urville Beaumont represent the above named
Chai Senabunyarithi in connection with his Special Permit authorizing the reduction in the size and
number of parking spaces.
As a result of delay in receiving final curb cut approval from the Massachusetts Highway
Department, construction of the proposed facility has been delayed. My client has concluded the
purchase of this property on March 15,2002 and is scheduled to commence construction forthwith,
however,we do not anticipate complete of the foundation prior to the April 11,2002 expiration date
on the Special Permit.
Please accept this correspondence as our formal request to extend the Special Permit
expiration date accordingly or schedule a new hearing in accordance with North.Andover policy, if
you determine a rehearing is necessary.
Thank you for your assistance in this regard.
Sincerely,
Ja fe
JBL/mph
cc. U. Beaumont
C. Senabunyarithi D U U
MAR 2 E 2002
BOARD OF APPEALS
1 Rudy Jo Mace Gina
_ CASA
_ VECCHIA
RESTAURANT
"The Old House With Old Recipes"
Catering Available for All Occasions at Home or Office
436 Broadway•Village Mall•Methuen,MA•688-6340
NORr,.,
Or• ••• Om
a
,4C
TOWN
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
Notice is hereby given that the Board of Appeals will give a
hearing at the Senior Citizen' s Center located at the rear of the
Town Building, 120 Main Street, North Andover on Tuesday
evening the 14th day of December
19 93 , at 7:30 o' clock, to all parties interested in the
appeal of Rudolph Neve requesting a
variation of Sec. 8, Paragraph 1.7 of the Zoning By Law
so as to permit reduction of the standard size of parking spaces from 10'X20'
to 9'X18' and Section 8, Paragraph 4.1 to reduce the size of landscaped strips
along parking areas from 6 feet to 2 feet.
LEGAL NOTICE_
TOWNOF
NOR HANDOVER remises, located at 1070 Osgood Street.
MASSACHUSETTS
HOARD OF APPEALS
NOTICE
Notice is hereby given
that the Board of Appeals By Order of the Board of Appeals
will give a hearing at the
Senior Citizen's Center
located at the rear of the i Frank Serio, Jr. , Chairman
Town Building, 120 Main
Street, North Andover on ,
Tuesday evening the 14th '
day of December 1993,at in the North Andover Citizen on November 24 & December 1, L993.
7:30 o'clock,to all parties
interested in the appeal of
Rudolph Neve requesting
a variation of Sec.8,Para-
graph 1.7 of the Zoning By '
Law so as to permit reduc-
tion of the standard size of
parking spaces from 10'x20'
to 9'x18'and Section 8,
Paragraph 4.1 to reduce the
size of landscaped strips
along parking areas from 6
feet to 2 feet,on the prem-
ises, located at 1070
Osgood Street.
By Order of the
Board of Appeals
Frank Serio,Jr.,Chairman
E-T—Nov.24;
Dec.1,1993
Any appeal shall be filed
within (20) days after the �•N0R?;!•,,ti RECEIVED
date of filing of this Notice DANIEL LONG
in the Office of the Town '�; TOWN LER ,.
• teas • : 4ORTIR ,,j00ER
.-,;irk. "�sas• �� �.
CH1i��
►,sA '♦ JAN
12 -3 09 PM '9�
►V'^VVf1
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD QF APPEALS
NOTICE OF DECISION
Date . . . .. azivary. .12, . 199.4. : . . . . .
Petition No.. . . . .0.45-93. . . . . . . . . . .
Date of Hearing. January. 1.1.,. .199.4
Petition of . . . .Rudolph. Neve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . 1070. Osgood. S.treet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements ofd .Sect ion. 8,. . . . . .
Paragraph 1.7 so as to permit a reduction of the standard size of parking spaces
from .l0'X20,'. .to. 9'X18'. .and, al.s.o .a.var.iition. of. Section. 8.,. .Parag.r.aph.4.1. s.o. .as. .
to permit the reduction of the size of the landscaped strips from six (6) feet
Maga n is .to. two. .M.. .feet... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
permitto . . Rudolph. Neve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will
not adversely affect the neighborhood or derogate from the intent and purpose
of the Zoning Bylaw.
Signed
rank Serio, Jr. ,
Chairman
. . . . Walter. Soul.e, Clerk .
. . Raymond. Viv,enzio. . .
. . . . Rob.ert ,Ford. . . . , . , . . . . .
John Pallo.ne . . . . . . . . . . . . . . . . . . . .
Board of Appeals
Any appeal shall be filed
within (20) days after the
date of filing of this Notice RECEIVED
in the Office of the TownD4NiEL LING
Of MD oTh �7 T Q tW iii C L E f�K
,ferk. ? 6'6 SOA NORTH A
FRi�O`�ER
JAS, 12 3 o9
�9SSwCNUSEt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
**************************
*
Rudolph Neve * DECISION
52 Baremeadow Street
Methuen, MA 01844 * Petition #045-93
*
**************************
The Board of Appeals held a public hearing on Tuesday evening,
January 11, 1994 continued from December 14, 1993 upon the
application of Rudolph Neve requesting a variation of Section 8,
Paragraph 1. 7 of the Zoning Bylaw so as to permit a reduction of
the standard size of parking spaces from 10 'X20 ' to 91X18 ' and
also a variation of Section 8, Paragraph 4. 1 so as to permit the
reduction of the size of the landscaped strips along the parking
areas from six (6) feet to two (2) feet on the premises located
at 1070 Osgood Street. The following members were present and
voting: Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Raymond
Vivenzio, Robert Ford and John Pallone.
The hearing was advertised in the North Andover Citizen on
November 24 and December 1, 1993 and all abutters were notified
by regular mail.
Upon a motion by Mr. Vivenzio and second by Mr. Ford, the Board
voted unanimously to GRANT the variance as requested.
The Board finds that the petitioner has satisfied the provisions
of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the
granting of this variance will not adversely affect the
neighborhood or derogate from the intent and purpose of the
Zoning Bylaw.
Dated this 12th day of January 1994 .
BOARD OF APPEALS
Frank Brio, fr.
Chairman
ti 3,57
6- (5 I65, 7�6
992
Board of Appeals -E S Sc�
Town Office Building
G
North Andover, Mass. 01845
21 J'N
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T Goodwin Trust
RuSIMErbI Tr ea 1
4h'F� 13 Goo Cour
Marblehea 45
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Any appeal shall be filed
within (20) days after the �. °1q:;.,� RECEIVED
date of filing of this Notice ? ao�,,,�.Q�E DANIEL LONG
TOWN CLERK
in the Office of the Town '�;. AMnr^
1853 KORT�I ,,►;pOYER
, �'
rk.
►.sicHu�1', SAN I2 -3 09
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
i
NOTICE OF DECISION
Date . . . .. anuar.y. .12, . 199.4. : . . . . .
Petition No.. . . . .0.4i-93. . . . . . . . . . .
Date of Hearing. January. 1.1.,. .1994
Petition of . . . .Rudolph. Neve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected 1070, Osgood. S.tre e t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements ofd .S.ectioTi. 8... . . . . .
Paragraph 1.7 so as to permit a reduction of the standard size of parking spaces
from .1O.'X.2.0.'. .to. 9'X18.'. ,and. al.s.o .a.var.iation. of. .Section. 8.,. .Parag.r.aph .4. 1. s.o. .as. .
to permit the reduction of the size of the landscaped strips from six (6) feet
WXXU)pM8tst: to. two .(.2). .feet. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . GRANT . . . . . the
Va.r.iance. . . . . . . . and hereby authorize the Building Inspector to issue a
permit to Rudolph Neve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will
not adversely affect the neighborhood or derogate from the intent and purpose
of the Zoning Bylaw.
Signed
rank Se
i
Charman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Walter Soule, Clerk
Raymond. Vivenzio.
. . . Robert .Ford. . . . .
John Pallo.ne . . . . . . . .
Board of Appeals
z
310 CZAR 10.99
Form 5 oEPFt+o 242-679
(To to owso or OEM
•�^ - Commonwealth Gty.t'own
North Andover
of Massacnusetts
Rudolph Neve
Awticant
41070 Osgood Street
Order of Conditions
Massachusetts Wetlands Protection Ac;
O.L. c. 13_1 , §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From North Andover Conservation Commission
To Rudolph Neve Optryx Realty Trust
((name of Applicant) (Name of procerry owners
51 Baremeadow St. 242 Neck Rd.
Aacre__ Methuen, MA 01846 Address Haverhill . MA 01830
This Crcer is issued and delivered as follows:
by stand delivery to=ficant or recresentanve on
Q by certified mail. return receipt recuestea on (cite!
This project is located at 41070 Osgood Street
The crcoerty is reccrced at tete Registry of Deeds. North F-,.--PX
Hco�
1932 Page 90
Certificate (if re^_tstered)
The Notice of Intent for this oro;ect was fifes on 10/25/93 (case!
The cutfic nearing was closed on 12/1/9 3 (date,
Findinas
The NACC nas reviewea the above referenced Ncnce of
Intent anc cans ana nas neic a=uafic nearing on tate=:c;e=:. 3zseo on the intormation avaiiaofe is trie
NACC at this time. the NAC has ceterrnineC that
the area on wntcn the aroaoseo work is to be cone is signdicant to the tofiowing interests in ac=crcance with
the Presurr=.ions of Significance set toren in the requia:tons for eac..Area Sul];ec:to Prcie_::ori Uncer the
Ac:=sex as ancroanatel: Ch.178 prevention of erosion and sedimentation
Putiic water sucafy Flood contrei L land containing snellfisn
Private water sucVly B Storm camage crevention 5Fisheries
Ground water suoply Preventon of poifution Pratec::on of wildlife nabi.ot
Ch. 17491. ildlif e Ch. 1781
0� r tion
Tmat Hing -ee Sutnirned State Stare
Ciivr?own Share 275.00 ('f. fee in excess ct SZ_;
Total Refuna Due S CaviZown Part,= S State Portion S
(1/2 total) (�/2 total)
Therefore, the North Andover Conservation Commission (hereafter
the "NACC"} hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to
protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that
the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with
all related statutes and other regulatory measures, shall be
deemed cause to revoke or modify this Order.
2 . This Order does not grant any property rights or any
exclusive privileges; it does not authorize any injury to
private property or invasion of private rights.
3 . This Order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4 . The work authorized hereunder shall be completed within three
years from the date of this Order.
5. This Order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. Where the Department of Environmental Protection is requested
to make a determination and to issue a Superseding Order, the
Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
7. The proposed work includes construction of a 4000 sf.
restaurant together with utilities, parking lots and regrading
within the buffer zone.
8 . The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by Rudolph Neve.
(b) Plans prepared by Thomas E. Neve Associates, Inc. , revised.
9 . The following wetland resource area(s) is (are) affected by
the proposed work: buffer zone and bordering vegetated wetland.
#242-679 #1070 Osgood St. 3
To ensure the protection of the wetlands during construction, a
- snow fence (or •other highly visible barrier) will be placed along
the haybale line. Also, all work near wetlands will be done from _
the upgradient side and no equipment with a blade width greater
than six (6) feet will be allowed to work between the building
and the wetland. These resource areas are significant to the
interests of the Act and Town Bylaw as noted above. These
resource areas are also significant to the recreational and
wildlife interests of the Bylaw. The applicant has not attempted
to overcome the presumption of significance of these resource
areas to the identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the revised plans
dated 12/01/93 .
11. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
12 . The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
13 . The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to construct a restaurant will
cause further alteration of the wetland resource areas. In order
to prevent any alteration of wetland resource areas beyond those
proposed in the Notice of Intent and approved herein, a zero (0)
foot no-disturbance zone and an eleven (11) foot no-construction
zone shall be established from the edge of the adjacent wetlands.
(See Appendix 5 of the local Regulations. ) To minimize wetland
impacts, no equipment with a blade width over six (6) feet will
be allowed to move earth between the building and the wetland.
Also, a brightly-colored snowfence will be placed along the
haybales to serve as a visual barrier.
14. All catch basins shall contain oil/gasoline traps, and it
shall be a continuing condition of this order, even after a
Certificate of Compliance is issued, that the oil/gasoline traps
in the catch basins be maintained. All catch basins shall be
free of all accumulated silt and debris before Compliance is
issued and the owner or his/her agent shall so specify in the
request for a Compliance.
PRIOR TO CONSTRUCTION
15. No work shall be undertaken until all administrative appeal
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed.
#242-679 #1070 Osgood St. 4
16. This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
periods. No work shall be undertaken until the Final Order has
been recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry' s Grantor Index
under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work.
17 . A sign shall be displayed at the site not less than two
square feet or more than three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-67911 .
18 . Any changes in the submitted plans caused by the applicant,
another Board's decision or resulting from this Order of
Conditions must be submitted to the NACC for approval prior to
implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at
the expense of the applicant) . Within 21 days of the close of
said public hearing the NACC will issue an amended or new Order
of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a project until written
approval has been granted by the NACC.
19. The applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor and the
applicant to ensure that all of the Conditions of this Order are
understood. This Order also shall be made a part of the
contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this Order.
20. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
t
#242-679 #1070 Osgood St. 5
21. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
erosion control measures can be properly placed and wetland
impacts can, be monitored.
22 . A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
shown on the plans, and shall be inspected and approved by the
NACC prior to the start of construction and shall remain intact
until all disturbed areas have been permanently stabilized to
prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be
implemented at the direction of the NACC. A qualified site
supervisor or wetland consultant will inspect the erosion
controls after each rainstorm and twice a week during
construction. This individual will contact the Conservation
Administrator by phone after each inspection and report the
results of any inspection.
23 . The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum 50 hay bales and
sufficient stakes for staking these bales (or an equivalent
amount of silt fence) . Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for
the normal control of erosion.
24. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $9000. 00 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer before commencement of work. Said bond or
deposit of money shall be conditioned on the completion of all
conditions hereof, shall be signed by a party or parties
satisfactory to the NACC, and Town Counsel, and shall be released
after completion of the project, provided that provision,
satisfactory to the NACC, has been made for performance of any
conditions which are of continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
DURING CONSTRUCTION
25. Upon beginning work, the applicant shall submit written
progress reports every 1 month detailing what work has been done
in or near resource areas, and what work is anticipated to be
done over the next period. This will update the construction
, sequence.
26. Any fill used in connection with this project shall be clean
#242-679 #1070 Osgood St. 6
fill, containing no trash, refuse rubbish or debris, including -
but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
27. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
28. No regrading in the buffer zone shall have a slope steeper
than 2: 1 (horizontal:vertical) . Slopes of steeper grade shall be
rip-rapped to provide permanent stabilization.
29. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
30. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
31. All waste generated by, or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dumpsters (or
other suitable means) at the site for the storage and removal of
such spent construction materials off-site.
32 . Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
33 . Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
34. During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant within one (1) business day. No
construction vehicles are to be stored within 100 feet of wetland
resource areas, and no vehicle refueling, equipment lubrication,
or maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
35. No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area.
This Condition shall survive this Order of Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
1242-679 #1070 Osgood St. 7
36. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. _ Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
37. Upon completion of construction and grading, all disturbed
areas located outside resource areas shall be stabilized
permanently against erosion. This shall be done either by
loaming and seeding according to SCS standards. If the latter
course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
38. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional Civil Engineer
certifying compliance with this Order of Conditions and the
approved plans referenced herein (or approved revisions) .
[Optional additions to above] A stamped "As-Built" topographic
plan of all areas within the jurisdiction of the Wetlands
Protection Act and Bylaw shall be submitted when a Certificate of
Compliance is requested. This plan will include:
a. "As-Built" elevations of all drainage structures
constructed within 100 feet of any wetland.
b. Distances from structures to wetlands.
c. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
39. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
14. Maintenance of catch basins.
34. Discharge or spillage of pollutants.
35. Prohibition of storage of fuels underground.
36. Limitations on the use of fertilizers, herbicides
and pesticides.
O
Issued By North Andover Conservation Commission
Signature(s)
OL4AA
G
This Order mus be signed by a majority of the Conservation Commission.
On this 15 ddaa,Y of Oe6E 19 ` 3 before me
v
personally appeared E . to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he.she executed
the same as his/her free act and deed.
e!ary Public My commission expires
The acmicant.the owner.any person aggrieved by this Order.any owner of land abusing the land upon which the oropesed work Is to oe
done.or?.nv ten residents of the city or town in which such lana is located.ate nereoy notified of their right to reduest the Deoartment o'
Environmental Protection to issue a Superseding Order.providing the reduest is mace by certified mad or hand delivery to the Deoartment.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the date of Issuance of this
Determination.A copy of the request shall at the same time be sent by certified matt or hand delivery to the Conservation Commission
and the applicant.
If you wish to appeal this decision under the Town Bylaw, a complaint
must be filed in Superior Court.
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
..................................................................................................................................................................................................................
To 'sst::nG.4uincriiv
Please ce advised that the Order of Conditions for the project at
;:,Ie Numder 2'42 has peen recorded at the Reolstry of 3nc
has peen noted in the chain of tide of the affected property in accordance with General Condition 8 on 1 d
It recorded iand. the Instrument numoer which idenwies.mis 7ansacuon 13
It registered land. the cccument number which identities this transaction is
sicna:ure .,CLCD^•
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KeLUIVOJ, uy tuwn tler'K :
Dates :WN:,.OF NORTH ANDOVER, MASSACHUSETTS
"00rt �l BOARD- OF .APPEALS `,�� _�•:::�• .
Ti me : ` Ym CE-L;��K : . �•�cMwt�'
A `fie,: 6W.N s application must be typewritten
APPLICATI0 QVF t @1_E E J OM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Rudolph Neve Address 51 Baremeadow street
- Methuen,MA 01844- -
1 . Application is hereby made
LL& =Secti n 8 . 4 .1
( a ) For a variance from the requirements of Section 8 . 1 . 7'Paragrap�i
and, Table of the- Zoning By-Law-s-.-,--
(b )
y-Laws-. •--(b ) For a Special Permit under Section Paragraph of the
Zoning By-Laws .
( c) As a party aggrieved , for review of a decision made by the Building
Inspector or other authority .
ropposed
2 . ( a) Premises affected are land X and dings ) numbered
1070 Osgood Street .
(b ) Premises affected are property with frontage on the North ( X)
South ( ) East ( ) West ( ) side of Osgood street
Street ,. and known as No . 1070 .Osgood Street .
( c) Premises affected are in. Zoning District B-2 and the premises
affected have an area of 94 , 089 . square feet and frontage of
245 square feet .
3. Ownership
(a) Name and address of owner ( if joint ownership , give all names ) :
Optryx Trust, 242 Neck Road, Haverhill, MA
Date of purchase . 1985 +/- ,Previous• Owrier ' General Store Trust
(b) If applicant is not owner , check' his interest in the premises :
j
X Prospective Purchaser. Lesee.. Other (explain )* �.
4 . Size of proposed building : 90 ' front ; 45 ' feet deep ;
Height 1 1/2 stories ; 35.' feet,
a ) Approximate date of erection : proposed 1994'
b ) Occupancy or use of each floor : Restaurant & Deli
(c ) Type of construction .: Wood frame
5 . Size of existing building : None feet front ; feet deep ;
Height : stories ; ' feet .
(a ) Approximate date of erection : ;
( b ) Occupancy or use of each floor : "
( c) Type of construction :
6 . Has there been a previous appeal , under zoninq , on tl.c premises•?•�__.LNo
If- so , when?
7. Description of relief sought on this petition To reduce the size of
parking spaces required by Section 8 . 1. 7 from 1.0x20 feet to 9x18 feet- and _tq
reduce the size of landscaped strips along parking areas required by
Section 8 . 4 . 1 from 6 feet to 2 feet.
3. Deed recorded in the Registry of Deeds in Book 1932 Page 90 or
Land',.Court Certificate No . Book Page
The principal points upon which I base my application are as follows :
(Must be stated in detail )
1 . The developable portion of this property, while potentially a good site
for a small restaurant from the standpoints of location and attractive
_sLrroundinas , is_`_inflexibly confined by a pond and the Lawrence Municipal
Airport.
Delays relating to litigation with the Planning Board and the recent
economic recession have resulted in abandonment of a fully permi.tte 1988
:: :'Office building proposal. Environmental regulations have become more
stringent in the interim.
3 . **See below
I ag a to advertising in newspaper and incidental expenses*
Petitioner ' s Signature
Sec. 1 APPLICATION FORM
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 application form. All in-
formation called for by the form shall be furnished by the applicant
in the manner therein prescribed.
Every application shall be submitted with a list of "Parties in
Interest" which list shall include the petitioner , abutters , owners
of land directly opposite on any public or private street or way ,
and abutters to the abutters within three hundred feet of the property i
line of the petitioner as they appear on the most recent applicable
tax list , notwithstanding 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 .
* Every application shall be submitted with an application charge cost
in the amount of $25 . 00 . In addition , the petitioner shall be respon-
sible for any and all costs involved in bringing the petition before
the Board . Such costs shall include mai1ing and au, bl i cati o.n .. but
are- not necessarily tmi ed—to f eS I
i
LIST OF PARTIES IN I14TEREST
Name
Address
See attached
3 . Dimensions for standard size parking spaces in North Andd�er exceed
those of most communities in this area.
4 . The proposed use will not have an adverse effect on the neighborhood
which is approaching full development and is committed to similar uses .
• r
i( Use• additional sheets if necessary)
i
,T OF PARTIES OF INTEREST PAGE 1 OF 1
UBJECT PROPERTY
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AD
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R
-..End
3.5n47 � Otrx Realt Trust 1070 Osgood Street No. Aver
RS
EL... NAME... ..... :
1AP ..: .:..:. pARC I _ -
ADDRE�•s:..�:w.��-.
35 15 I The Borden Company Colombus , OH 432 5
Chemical Div -S2 180 East Broad St. ,
35 49- Airport Commission 492 Sutton St. No. Andover 01845
City of Lawrance
I
35 29 Ten Sixt Os ood Street ��R!altyTrust
Jeanne Lynce, Trustee 060 Osgood Street, No. Andover 0184
35 20 The Goodwin Trust
Russell Treadwell 13 Goodwin Court, Marblehead 01945
35 4a I Town of North Andover 12 r
I- 1
35 I I t - ror a
c/6 Butcher Boy1077 O Q
I
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KAREN H.P.NELSON o °m
Director Town Of 120 Main Street, 01845
NORTH ANDOVER (508) 682-6483
BUILDING ;.,''�:i:';';:�',y
CONSERVATION ss,°RUSES DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
December 13, 1993
Mr. Frank Serio, Jr. , Chairman
Board of Appeals
Town of North Andover
120 Main Street
North Andover, MA 01845
Re: 1070 Osgood Street
Dear Mr. Serio,
I am writing on behalf of the Planning Board in support of
Rudolph Neve's request for a variance for 1070 Osgood Street. Mr.
Neve is requesting a permit to reduce the standard size of the
parking spaces from 10 ' x 20' to 9 ' x 18 ' and to reduce the size of
landscaped strips along the perimeter of the parking areas from 6 '
to 2 ' .
The Planning Board has reviewed and approved this project
through its Site Plan Review process. As a part of its review the
Board looked closely at potential uses allowed under the zoning for
this site. Although this parcel is outside of the Watershed, the
Board felt it was important to have a less intense use for this
site. A restaurant is a less intense use as compared to a service
station or other use that may be allowed on this site.
Therefore the Board supports the applicant's use of the site
and the variances required to make this use feasible. The Board
reviewed some of the surrounding town's parking space size
requirements and found 9 ' x 18 ' to be the standard size. A
variance from the 10 ' x 20 ' requirement should not pose any
problems to the restaurant's patrons and will allow a better flow
of traffic on site.
The Board also supports a reduction in the size of the
landscaped strips. The site is surrounded by woods on land owned
by the Lawrence airport. Furthermore, the wetlands on site act as
an additional buffer.
The Planning Board undertook a thorough review of this project
and believes that a restaurant is an appropriate use of the site.
Therefore the Board urges you to grant these variances that make
the project a viable one.
Sincerely,
Kathleen Bra MwY—U-
Town
Planner
cc. K. Nelson, Dir PCD
R. Nardella, Chair PB
ERIC W. BAKERMAN
CERTIFIED MANAGEMENT ACCOUNTANT 865 Turnpike Street•North Andover,MA 01845
(508)691-5145•FAX(508)691-5125
December 6, 1993
Mr. Frank Serio, Jr. , Chairman
Zoning Board of Appeals
Town of North Andover
Town Hall
North Andover, MA 01845
Dear Mr. Serio:
The vote under Article 33 of the 1992 Annual Town Meeting autho-
rized the Board of Selectmen to convene a Town Charter Review
Committee. Members of the Committee were appointed in October, and
the Committee was charged with the task of considering any and all
proposals and report to the 1994 Annual Town Meeting for further
action.
In order to collect as much community input as possible, the
Charter Review Committee will be holding a public hearing on
Tuesday, December 14th at 7 : 30 P.M. , in the Superintendent's
Conference Room, at North Andover High School. The purpose of the
public hearing is to give the public an opportunity to appear
before the Committee and present recommendations to be considered
by the Committee.
As a community leader, you are invited to appear before the
Committee to insure that your views are put forward. You are
encouraged to alert others to attend this public hearing as well .
If I can provide further clarification, please call me at the above
number, or at home at 689-2959 .
Thank you for your cooperation and participation in this process.
Sincerely,
F'." w OCZA-
Eric W. Bakerman, Chairman
Town of North Andover Charter Review Committee
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Optryx Realty Trust
1070 Osgood Street
North Andover, MA 01845 Date: November 30, 1993
Dear Applicant:
Enclosed• is a copy of the legal notice for your application before
the Board of Appeals .
Kindly submit $ 7,54 for the following:
Filing Fee $
Postage $ 7.54
Your check must be made payable to the Town of North Andover an(I
may be sent to my attention at the Town Office Building , 120 t1ain
Street , North Andover , Mass . 01845 .
Sincerely ,
BOARD OF APPEALS
444�C 414�
Linda Dufresne, Clerk