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HomeMy WebLinkAboutMiscellaneous - 1270 TURNPIKE STREET 4/30/2018 (5)- ' 'Town of North Andover Office of the planning Department ;Li Community Development and Services Divi �, 27 Charles Street �!1��TH North Andover, Massachusetts 01845 Heidi Griffin Planning Director Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Notice Of Decision 200I OCT -Ilep 1e3(9'T8� 688-95.35 Fax (978) 688-9.5`42 Date: October 31, 2001 Date of Hearing: September 4, 2001, October 2, 2001, October 16, 2001 & October 30, 2001 Petition of: Seven Hills Foundation 81 Hope Avenue, Worcester MA 01603 Premises Affected: 1270 Salem Turnpike Street . � Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 and 10.3. So as to allow: the construction of a 5700 square foot office building with related parking and landscaping in the Village Commercial Zoning District. After a public hearing given on the above date; the Planning Board voted to APPROVE, the Special Permit for Site Plan Review, based upon the following conditions: Cc: Applicant Engineer Abutters DPW Building Department Conservation Department Health Department ZBA I ' Signed: .Trri n Simons, Chairman Alberto Angles, Vice Chairman Richard Nardella, Clerk Richard Rowen Felipe Schwarz, Associate Member BOARD OP APPEALS 688-9541 BLI-ILDING 688-9547 CONfSERVATION 688-9530 HEALTH 68&9540 PLANNING 638-9535 1270 Salem Turnpike Street Site, Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 5700 square foot office building with related parking and landscaping in the Village Commercial Zoning District. This Special Permit was requested by Seven Hills Foundation 81 Hope Avenue, Worcester, MA 01603. This application was filed with the Planning Board on August 3, 2001. The applicant submitted. a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9 The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Village Commercial Zoning District and involves the construction of an office building, which is an appropriate use within the district. The building footprint is 4% of the lot coverage. The site design meets all of the Village Commercial special requirements, including massing, style, setbacks, and overall presentation. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The proposed use is a small professional office, will not alter any no -disturbance or wetland areas, will not introduce additional driveways onto the highway and will improve the appearance of the site with additional landscape screening of the existing pump station facility. The landscaping and pervious area includes 84% of green space including the wetlands. This is in accordance with Section 8.13a, which requires a minimum of 5% landscaping and green space must be provided for all parking areas. Within the first 50' there are seasonal plantings, silver mounds, blue junipers, flowering crabapples and other plantings. The planting plans continue along the perimeter of the parking lot, in front of the office building, around the picnic area and surrounding the propane tanks. 3. The parking lot contains 18 spaces, with the option of a 19th space and is located in front of the building. In accordance with Section 8.13 the Planning Board may allow up to 50 spaces, or 25% of the total parking, whichever is greater, to be located to the front of the structure as long as all other dimensional criteria are adhered to. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. Access will be via a single drive, onto the State-controlled highway, and will not introduce a nuisance or serious hazard to vehicles or pedestrians. The site drive is 25' wide and is straight upon entrance. The site drive will be shared for both access to the proposed office building and to the existing pump station. An easement exists on the property for the existing pump station. The applicant has secured a permit from the Massachusetts Highway Department. 5. The project will connect to existing sewer and water services. Sewer will be gravity piped to a gravity manhole at the existing pump station. The sewer design will accommodate the potential future connection for the immediate abutter by the provision of stubs at two locations along the property line. Water will be via a new service connection at the street. Sufficient capacity exists for these utilities. The water connections will include provisions for sprinkling the building. 6. The site drainage system is designed in accordance with the Town Bylaw requirements. The project will incorporate the required TSS removal for the site. The parking runoff will utilize a Downstream Defender treatment facility as well as a deep sump catch basin. Treated water and roof water will be routed via a subsurface detention basin system. The total peak discharge for the proposed conditions will not exceed the existing conditions as required. The drainage calculations for the site have been reviewed and approved by the Town's consulting engineer. 7. A fire hydrant will be placed at the access of the street as requested by the North Andover Fire Department. 8. The lot contains 69% Contiguous Buildable Area vs. the required 75%. The Building Commissioner confirmed that the lot existed in the 1970's. The 75% CBA is for new lots created after 1986, and the Building Commissioner has determined that this lot is grandfathered from this requirement. 9. The applicant has met the requirements of the Town for Site Plan Review as stated. in Section 8.3 of the Zoning Bylaw with the exceptions of waiver(s) granted in Condition #19. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The final plan must depict the removal of the sewer stubs at the abutter's (John C. Farnum Estate) request and the extension of the construction fencing. The final plan must be reviewed and approved by the DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b) A bond in the amount of ten thousand ($10,000) dollars must be posted for the purpose of insuring that a final as -built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces, topography, ON and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form of security must be acceptable to the Planning Department. c) The applicant must provide the Planning Department copies of approvals received from the Conservation Commission prior to endorsement of the plans. 2. Prior to the start of construction: a) A construction schedule must be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) Yellow Hazard tape must be placed along the no -cut line as shown on the approved plans and must be confirmed by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 3. Prior to FORM U verification: a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans must be delivered to the Planning Department. b) One certified copy of the recorded decision must be submitted to the Planning Department. c) The applicant is required to pay sewer mitigation fees at the Department of Public Works. Proof of payment must be supplied to the Planning Department. 4. Throughout and During Construction: a) In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular, maintenance, any and all equipment that shall emanate sounds from the structures or site. b) During construction, the site must be kept clean and swept regularly. c) Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. 5. Prior to verification of the Certificate of Occupancy: 3 a) The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: i. All structures must contain a commercial fire sprinkler system. The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 6. Prior to the final release of security: a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. Specifically after the drainage structure is completed, the Town Planner will review the site and any screening as may be reasonably required by the Town Planner will be added at the applicant's expense b) A final as -built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 7. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved 0 piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. Special attention needs to take place to ensure that any stockpiling and/or removal of materials stay within the boundaries of the lot and do not create additional debris to Route 114. 8. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 12. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 13. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 14. Any and all signage plans for the site which have been provided to the Planning Board during the site plan review process were presented for the materials of the signage only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be approved by the Building Department. In no way is the applicant to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. 15. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 16. Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 17. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 18. This Special Permit approval shall be deemed to have lapsed after 5 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 19. The following waivers from the Town of North Andover Zoning Bylaw, dated May 2001, have been GRANTED by the Planning Board: a) Waiver to Section 8.3.5(c) requiring that landscape plans be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts has been GRANTED as the plans provided have been stamped by a civil engineer registered in the Commonwealth of Massachusetts and the landscaping plan exceeds the requirement mandated by Section 8.13.a for Village Commercial projects. b) Waiver to Section 8.3.5.e(xix) requiring that -a traffic impact study be provided which projects the expected traffic impacts to occur based upon the proposed project has been GRANTED. This waiver has been granted as the applicant has submitted a traffic impact statement which has been reviewed and approved by the town's engineering consultant, Vanasse, Hangen, Brustlin, Inc. and that the project has been permitted by the Massachusetts State Highway Department. 20. The following information shall be deemed part of the decision: Plan Titled: Assessors Map 107A Lot 148 Report Titled: Salem Turnpike —Route 114 Prepared for: North Andover, Massachusetts 01845 Prepared for: Seven Hills Foundation 81 Hope Avenue Worcester, MA 01603 Prepared By: MHF Design Consultants, Inc 103 Stiles Road, Suite One Salem, NH 03079 Scale: F'=20' Date: July 31, 2001, revised 10/15/01 Sheets: 1-11 Report Titled: Drainage Calculations Prepared for: Seven Hills Foundation Prepared by: MHF Design Consultants, Inc 103 Stiles Road, Suite One Salem, NH 03079 Dated: June 22, 2001, revised October 11, 2001 Report Titled: Notice of Intent Prepared for: Seven Hills Foundation Prepared by: MHF Design Consultants, Inc 103 Stiles Road, Suite One 0 Salem, NH 03079 Dated: August 2, 2001 cc: Applicant Engineer File 7-0 N7/1 )o A OT ,�to ,s 11.O OL M RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER �9SSACHUSES�Z TOWN OF NORTH ANDOVER 1999 AUG I, P I: SLI MASSACHUSETTS BOARD OF APPEALS Any appeal shall be filed ?� within (20) days after the date of filing of this notice NOTICE OF DECISION Property at: 1939 Turnpike Street NAME: Mesiti Moore's Falls, LLC. on behalf of North Andover, DPW +DATE:8/11/99 ADDRESS:.11 Old Boston Rd, Tewksbury, MA ITION: 027-99 for premises at: 1939 Turnpike St. North Andover, MA 01845 HEARING: 8/10/99 The Board of Appeals. held a regular meeting on Tuesday evening, August 10, 1999 upon the application of Mesib Moore's Falls, LLC; 11 Old Boston Rd., Tewksbury, MA for premises at: 1939 Turnpike St., North Andover, requesting a Variance from the requirements of Section 7, P 7.3 of Table 2, reference foot note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under. Zoning Bylaws. The hearing was advertised in the`Lawrence Tribune on 7/27/99 & 8/3/99 and all abutters were notified by regular mail. The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone. Upon a motion made by Walter F. Soule, and 2nd by Raymond Vivenzio, the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor. William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building Permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. By order of the Zoning Board of Appeals r William J. SutJivan, Chairman m1/1999decision/37 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS I Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 1208 Main St., North Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of Mesiti Moore's Falls, LLC, on behalf of North Andover DPW, residence at 11 Old Boston Rd., Tewksbury, MA for premises at: 1939 Turnpike Street, North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. Said premises affected is property with frontage on the South side of Rte. 114 of Turnpike St., which is in the V -R Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1: PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. LegalnovM �m �y f�noocp <-isn W� ��v'�ivo m D-igWCQ_.m VC 3�5i.5 1� col m<(D j13macnw�mcow-�(n�o�Dy��3mc�>mm=d W M W I Sjro A70 'C in. �+�Nlp�soaao V• I--4.ow N(p %w�N �c,�ym� 53����aiCc-=ro Oo Wm Ofu'A1� W0 s�v 3 aQ »m o m ��� y3 Oa m ZN m mce N Z� v m Do 3U.) r 3a<Dc�y0W�?o .m MCU)r o��m v��mvoMm m�a�TSZ2 o O anD < 8 v Qam m o o �� �m IDCD�� m �, c �� n o m aC0 Win. Q�ao„�m�=?03w mmo�f W�3:: mw w� n�I-^m�y0O0 f�3Cn>N0 A1N�Ny yN�� ����oZO(p�" ��y�rr„O(D(O?�" y>,<fTlm< �3 <� ° v, �w m -`m m -� c c m cD ¢o 0<n(D 0< ro 0,(o rD-U)W A� v W CD 06 ErA o a j N 3 .0). D1 W �< O N CD O N W37N W 3�i N(D O0- (D 7N (a NO.'aQ sNN 7(O?�.t 77•~.d.. ,~T tilN7 iii J TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of Niesiti Moore's Falls, LLC, on behalf of North Andover DPW, residence at 11 Old Boston Rd., Tewksbury, MA for premises at: 1939 Turnpike. Street, North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. Said premises affected is property with frontage on the South side of Rte. 114 of Turnpike St., which is in, the V -R Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9 -AM to 1 -.PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. LegalnovM ' ws3�v neo m y-i3a,oc=m: a4M CD c< cNO <wmc WO oc.Do pyo. v,W Dm(D ismom:mo�o -m 'w:oyoo-� 030 � ca�M.=o o5r D_DZO .. C. C z� �`N � N �`<'O O'er � O (D 7 7 � �� T7 m �a C �. �.O. N n' 'all < a o spa v at aQ mom -4- -y9.°w CD Z ,,1 wcc w ZR c °w N.�nSO wmmessy yFm�N: ono=0 m,.° omy caooH m �� la o NOm ?° - m S o m m.o o.tico v, A m {m -� ° �� -n-am DC.ZZ y �° r-@--,E•m=`'?D�m mo f�"'W��;�'.rn.�a:Sy�}- D��o�v'tpo0 ��v�ac�aoo��n�W �mw� Noo�w000 >mx.�3raCD0==_ �,�Da,�„mOCT� n� c �� my 3 Z ' v,.yar� y eon aim. D1m e W�.=y��oo�om �'�c�a � ����Q5m'Z�O,�O°e.00(D �o�wCDU) v 1 l s -^ o 7. (D' �=i WN'� -N�7N. (ONO�nj(DNr?<G�0.�7T�.�. S_ �w(%17 M 'B ; DEVINE, MILLIMET &P, PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 12 Essex Street ' Ra Box 39 Joseph A. Millimet Retired Andover, MA -01810 J.M. McDonough, III - TeI: 978-475.9.100 *Richard C Asbian July 2; 1999 Paul C. Remus 781-942-0932 Andrew D. Dunn *Mark E. Tully , Fax: 978.470=0618;; David H.Bsmes North Andover Zoning Board of :Appeals George R. Moore , . . 'Susan v. Duprey 27 Charles Street Manchester, NH. Donald E. Gardner Daniell. Callaghan " North Andover, MA 01845 , North Hampton, NH *Fredetick J. Coolbroih Attn: Mary ' *Steven Cohen *Aaron A. Gilman Robert C. Dewhirst - *Richard E MillsRe:: Two ZBA Applications' for 1Vles ti -Moore's Falls, LLC Newton H. Kershaw; Jr. *Karen S. McGinley (Sewer Pumping Stations #1 and 2) Donald A.. Bums_ Steven E, Grill Ovide M. Lamontagne Dear Mary Thomas'Quarles, Jr. . Paul L, Salala I - Mark T. Brot h ` �1 .. Debra Weiss Fo ; For each of the two Petitions, encl e find w mailin 1 1 f r 0 oos d ease t o abe s. o ' p g , *Nicholas Forgione Eric G. Falkenham , . each individual on the abutter's lists in reference to the above mentioned matter. *Robert W. Lavoie Nelson A.Raust Also enclosed are stam s for the attached mailin- labels 48' $:33 Stamps). p g Charles T. Giacopelli ' Camille Holton Di Croce *Mark J. Sampson Should, you have any questions, please do not hesitatej6 contact me. Jon B. Sparkman And R. Mullikin Ronald D: Ciotti ` Diane Murphy Quinlan Very tf Ayours, . *Melinda S. Gehris Alexander J. Walker, Jr. David S. Phillips =r Cindy Robertson *Patrick G. Sullivan. Margaret A. O'Brien g *Michael Dana Rosen ob rt avoie *Dyana J. Crahan *Patrick C. McHugh *John P. Sherman lZWL/eer • David P. -Eby Scott W. Ellison ililooilieS Brei D'Gifford Jennifer Shea Moeckel G:\RWULETTERS\nazba.ltr Charles R. Powell`, Ill *Michael E. KUshnir . *Kevin G. Collimore *Kathleen Lawler Bodmci 'John E. Friberg, Jr• . *Daniel E. Will Donna M. Head Kristin Kohler t _ *Christopher). Poulin - *Eileen O'Connor Bernal *Jcelle G. Collins *Matthew R. Johnson - *Patricia M'. McGrath - - • - '. - _ - - Paul R. Kfoury, Jr.' „ *Linda M. Foulsham Giuseppe E. Bellavita - William J. Murphy - .. .. .... , - Of Counsel *Admitted in Massachusetts: e i n Town of North Andover NORTh F OFFICE OF g }Y""� 0 `. o e . e� O rO r COMMUNITY DEVELOPMENT AND SERVICE` 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT v �ACHUS't Director Memorandum (978) 688-9531 ;,- Fax (978) 688-9542 TO: William Sullivan, Chair Zoning Board of Appeals From: William 3. Scott, Community Development Director RE: Pumping Station Variances C C, Date: August 2nd,1999 r , L' ' ,L,-; This memorandum is in reference to your questions regarding two requests for a variance for the pump stations along route 114. The following are issues that the zoning board should consider from section 10.4 of the by-law. ! • ...Owning to circumstances relating to soil conditions, shape or topography. - — The applicant has presented plans with this information present, however there is no indication �v,) 0'4 that the relationship of the set back requirements and the above conditions pose a hardship. Do the lot conditions create the reason why the applicant must vary from the setbacks? Typically you should receive evidence that the conditions of the lot (soils, topography, shape) force the �,� construction out of compliance with the setbacks. The fact that there are wetlands on site is not --- rm conclusive to determine if those conditions create the circumstances. -�) e V, • ,,,,., especially affecting such land or structuress but not affecting the generally the zoning district,... There is no indication whether this condition is unique to the applicants' lot. The applicant has not shown that the condition; has affected them, but not others, in each of the zoning districts. Essentially the unique test is to make sure that not everyone has the same problem. If other properties had the same problem than the zoning by-law is applied equally for other property owners and a variance would not be warranted. • .,...a literal enforcement of the provision of this by-law will involve a substantial hardship, financial or otfierwise,..,. There is no indication in the application as to the gravity of the hardship. The common test is the question: Does the zoning deny a person reasonable use of the lot that they would normally be expected to receive if they had a lot without limiting conditions such as the first criteria? The applicant should prove that they are denied use of the lot due to the combination of this criterion and the first above. Further they should indicate the type and extent of the hardship. There is nothing in the application that indicates they could not build the pumping stations in compliance with the by-law. • ....,that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-law. The purpose of the by-law is in Section\i attached. The primary concern should be the affect of the placement of the pumping stations.on the setbacks from route 114. The intent of the setbacks is to provide a sufficient dear width for future expansion. In the absence of evidence as to the expansion plans of route 114 the determination that the proposal will be a detriment to the public good cannot be made. Conclusions The application and supporting material is not conclusive enough to indicate that either propcsal meets the test of a variance. BOARD Or APPEALS 683-9541 BUILDING 658-9545 CONSERVATION 688-9530 HEALTH 683-9540 PLA, iNNG 683-9535 CTiON 1 PURPOSES e...purpose of this Bylaw is the promotion of the health, safety, convenience, morals and welfare of orney eabitants of the Town of North Andover, as provided by Chapter 40-A of the General Laws of e`Commonwealth of Massachusetts, as amended by Chapter 808, Acts of 1975, and as they may be Jeneral er amended, by regulating and restricting the use of land and buildings, thereby �;.. 1. encouraging the most appropriate use of land- ney 3 2. preventing overcrowding of land; eral 3. conserving the value of land and buildings; 4. lessening congestion of traffic; 5. preventing undue concentration of population; 6. providing adequate light and air; 7. reducing the hazards from fire and other dancer; 8. assisting in the economical provision of transportation, water, sewerage, schools, parks, and other public facilities; 9. controlling the use of bodies of water, including watercourses; 10. reducing the probability of losses resulting from floods; and 11. reserving and increasing the amenities of the Town. CTION 2 DEFL=ONS 1 General ir the purpose of this Bylaw, certain words or phrases hereinshall be interpreted as follows, except lere.the context clearly indicates the contrarywords used in the singular include the zral, words used in the present - tense include the future tense, the word "person" includes a rporation as well as an individual, the word "lot" includes the word "plot" or "parcel", the word 1d this Zoning Bylaw. There shall be at least four (4) of the five (5) members of the Granting Authority voting in favor of issuing the Special Permit. 6. A Special Permit granted under the provisions of this Bylaw shall not take effect until: a. The Town Clerk certifies on a copy of the decision that twenty (20) days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied; b. The certified decision has been recorded at the owner's expense in the Essex County Registry of Deed's indexed in the grantor index under the name of the record owner, and noted on the owner's Certificate of Title; C. If the Special Permit involves registered property, the decision, at the owner's expense shall also be filed with the Recorder of the Land Court. 10.3.2 Temporary Permit The Board of Appeals may grant a temporary. Special Permit for use or occupancy permit for a period of not more than one (1) year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the distract affected and shall be processed in accordance with the procedures provided herein for the granting of Special Permits. 10.4 Variances and Appeals i The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public wood and without nullifying or substantially derogating from the intent or purpose of this Bylaw (1998/32). Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or an abutting city or town, aggrieved by an order or decision of the Building Inspector or other administrative officials in violation of any. provision of this Bylaw. Any petition for an appeal above must be taken within thirty (30) days of the date of the order or decision that is being appealed by filing a notice`of appeal specifying the grounds thereof with the Town Clerk, who shall forthwith transmit copies of the appeal to such officer or Board, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith 146 4 Town of North Andover f NORTol , o .� ti OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES t 27 Charles Street North Andover, Massachusetts 01845oA^TFOµ•P""c5 WILLIAM J. SCOTT 9SSAcHUs�� Director (978) 688-9531 Fax (978) 688-9542 MEMORANDUM TO: William Sullivan, Zoning Board of Appeals Chairman �1si FROM: Heidi Griffin, Town Plana RE: 1270 Turnpike Street''''' a F DATE: July 8, 1999 The Planning Board held a public hearing on July 6, 1999 regarding the above mentioned parcel for site plan review. During the public hearing process, it was discovered that an applicant proposing a pump station for a portion of this property is applying to the Zoning Board of Appeals for a variance to allow the pump station to be built in the 50' front setback. (Pump Station #1) The Planning Board voted unanimously to write this letter to you informing you that the Planning Board would not be in favor of the Zoning Board of Appeals granting this variance. The reason for this is because the Village Commercial District is a zone which is intended for businesses to be closer to the road frontage in order to achieve a higher level of visual aesthetics. All other zones on Route 114 (as you are aware) have a front setback of 100', except for the Village Commercial District. The applicant currently before the Planning Board is proposing a nursery/office building for his site plan. The Planning Board feels that if the variance for the pump station to be built in the 50' front setback were to be granted, it would negate the intent of the Village Commercial District zone, as the pump station would then be directly in front of the proposed nursery/office building. I am attaching a copy of our plan so that you may get a better idea as to how the pump station would visually distract from the proposed nursery. If you have any questions, please do not hesitate to contact me. Thanking you in advance for your cooperation. cc: Planning Board William Scott, CD&S Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 f I 1 Dept. of Public Works Phone 978- 685-0950 384 Osgood Street Fax 978-688-9573 North Andover, MA 01845 To: William Sullivan, Chairman, ZBA From: Jim Rand, Jr., Director of Engineerin jee_'-� CC: J. William Hmurciak, Director DP Date: July 31, 1999 Re: Mesiti petitions at Turnpike Street ECE�E._, This Department has reviewed these plans from their inception and has approved them. We support them and recommend that the Zoning Board approve them. Also, I received a phone call, on July 29, 1999, from Mr. Eric W. Botterman, District Highway Engineer for the Commonwealth. Mr. Botterman had no concerns over the siting of any pump station within the applicable setback requirement of the Town. Mr. Botterman informed that he would not send any correspondence and that the state involvement would end with our telephone discussion. I will be in California at the time of the hearing otherwise I would attend in support of this matter. If you have any other questions please contact me. C2ONINGMEM001 0 Page 1 M -E -M -O -R -A -N -D -U -M TO: State Engineer /, 9ie is 6, rr,,xe- FROM: Mary Leary-Ippolito for William J. Sullivan, Chairman, ZBA DATE: 7127199 SUBJECT: property at: Turnpike Street (see attached legal notices) Dear Two petitions for Mesiti Moore's Falls, Inc., are in front of the ZBA for the August 10th meeting requesting a variance in order to construct two sewer pumping stations in the area of Rte #114. Please be advised that the request is to place the sewer pumping station within the 50' setback which would effect the provision to allow for a visual buffer. Please let me know if you perceive any concerns relative to the granting of this variance prior to the August 10, 1999 meeting. Thank you I can be reached by phone: 978-866-9541 Monday thru Thursday 9-1 pm. enclosure ml/28E1m12 Post -it® Fax Note 7671 Date To pages From Co./Dept. Co. Phone # Phone # Fax # _ Fax # 40RT)l �6 ` -aACHU7! TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 1208 Allain St., North Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PAA to all parties interested in the appeal of Mesiti Moore's Falls, LLC, on behalf of North Andover DPW, residence at 11 Old Boston Rd., Tewksbury, MA for premises at: 1939 Turnpike Street, North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. Said premises affected is property with frontage on the South side of Rte. 114 of Turnpike St., which is in the V -R Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1: PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. Legalnov/38 (02 w I NORTH , Ot�a .e+00 O A� F-. 9 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF AFPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 1208 Main St., North Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of Mesiti Moore's Falls, LLC, on behalf of North Andover DPW, residence at 11 Old Boston Rd., Tewksbury, MA for premises at: Turnpike Street (Boston Hill Ski Area, Inc.) North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. Said premises affected is property with frontage on the North side of Turnpike St., which is in the V -C Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1: PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. Legalnovl37 ( 0 Meslti llev broup Fax:y(6-bb(61bU Hug 1U lyyy 11:�:,U F.U1 oept. of Public Werke Phone 976- 6850360 384' Osgood Sheet Fax 978-68648613 North Andover, MA 01846 xVjT' A -s= ..Memo To Wiliam Sullivan, Chairman, ZBA R= c Jim Rand, Jr.. Director of.f=.ngineeri CG: J. William Hmuraak, Director D Oatw July 31,1999 Rae . Mesiti petitions at Tumpike Street This Department has reviewed these plans from their inception and has approved them. We support them and recommend that the Zoning Board approve them. Also, I received a phone can, on July 29, 1999, from Mr. Eric W. Botterman, District Highway Engineer for the Commonweatth. Mr. Botterman had no concerns over the siting of any pump station within the applicable setback requirement of the Town. Mr. Botterman informed that he would not send any correspondence and that the state involvementmoukt end with our telephone discussion. i will be In Califomia at the time of the hearing. aMerwise i would attend in support of this matter. If you have any other questions please contact me. Mesiti Dev Group Fax=978-5578160 AUG.1©.1999 9=01AM CAMP LESSER & MCKEE CD1111 cam &Md(eeIm MMORAmvM TO: Ken Grandstaff Mesiti Development Group FROM: Roger M. Norton rK . Camp Divsser & McIde Inc. Hug 10 1999 12:11 F.US N0.321 P.2 RE: Route 114 Foy Main and Pumping Stations Nartih Atdovet, MA DA'Z'E, August la, 1999 Camp Dresser & Mcyce Inc. (CDM) presents the following discussion conoerning the factors involved in siting wastewater pumping stations. The two proposed pumping stations for the above -referenced project, located opposite the old Boston Hills Ski Area and at the proposed Forest View Estates subdivision adjacent to Harold parker State Forest, were located and designed by CDM with these factors in mind. 1. pumping stations are located at, or as close as possible to, the lowest point within the sewer system based on the topography of the project area Gravity sewers serving adj agent areas flow to the pumping station, the pumps Ufi the flaw through a force main to a high point within the system. then flow is conveyed by Smvity again. 2. pumping stations are best located at the front of the property as close as possible to the sweet iu order to minimi" pipeline length to toe pumping station. Less pipe means reduced cost, and in engineering terms, legs head loss for the pumps topump against. 3. Access to the pumping station for operation and maintenance, required on a daily basis, is best accomplished when the pumping station is located close to the stet, 4. The pumping station is a public building and requires an easement from the landowner. Easement awards are based on an assessment of the damage to the property due to the easement. We try to keep the square footage of easemcut to a minimum by locating the pumping station, wet well, propane tanks, electrical pedestal, etc. as close to the street as is possible_ We attempt not to break up the property by locating these fficilities in the middle of rear of the property. Page 1 of 2 Mesiti Dev Group Fax=978-5578160 ,a '4UG.10.1999 9:02PM CAMP DRESSER & MCKEE Camp bresser &zMCKee Inc, Aug 10 1999 12=22 P.04 NO.321 P.3 Please note, to change the pumping station lnmtiots at this time, when the design has been Completed and approved by the Town of North Andover Department of Public Works since last November and construction has already begun, would be costly in terms of additional design costs, revisions to cascments and slippage of cousiruetion schedule. If you have any questions on the above, please advise. Page 2 of 2 ry0 0 SSACHU5�t TOWN OF NORTH ANDOVER MASSACHUSETTS SOARO OF APPEALS Any appeal shall be filed within (20) days after the date of filing of this notice NOTICE OF DECISION Property at: 1939 Turnpike Street RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER 1999 AUG I I P 1: S u NAME: Mesiti Moore's Falls, LLC. on behalf of North Andover, DPW DATE:8/11/99 ADDRESS: 11 Old Boston Rd, Tewksbury, MA for premises at: 1939 Turnpike St. PETITION: 027-99 North Andover, MA 01845 HEARING: 8/10/99 The Board of Appeals held a regular meeting on Tuesday evening, August 10, 1999 upon the application of Mesiti Moore's Falls, LLC, -,l I Old Boston Rd., Tewksbury, MA for premises at: 1939 Turnpike St., North Andover, requesting a Variance from the requirements of Section 7, P 7.3 of Table 2, reference foot note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. ; , The hearing was advertised in the Lawrence Tribune on 7/27/99 & 8/3/99 and all abutters were notified by regular mail. The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone. Upon a motion made by Walter F. Soule, and 2nd by Raymond Vivenzio, the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building Permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. By order of the Zoniw Board of Appeals William J. Sul Ivan, Chairman ml/1999decision/37 Mesiti 1Jev Group Hug lu lyyy 12:�U r.U1 • M4 - , i7ept. of public Works Phone 978-685-0950 s �� + { 384 Osgood Sheet Fmc 978- 73 r a North Anda w, MA xi 645 o ; e.nw To: William Sullivan, Chalrman, ZBA Rm c Jim Rand, Jr., Director of,Engineeri CQ J. William Hmuroiak, Director D 1�aRee July 31,1999 Ree . Mesiti petitions at Tumpike Street , This Department has reviewed these plans from their inception and has approved them. We support them and recommend that the Zoning Boerd approve them. Also, I received a phone can, on July 29, 1999, from Mr. Eric W. Botterman, District Highway Engineer for the CommonweaM. Mr_ Botterman had no concerns over the siting of any pump station within the applicable' setback requirement of the Town. Mr. Botterman informed that he would not send any correspondence and that the state involvement -would end with our telephone discussion. I will be In California at the time of the hearing. otherwise 1 would attend in support of this matter. If you have any other questions please contact me., C/ZONINC4AE11 M 0 Page 1 Mesiti Dev Group Fax:978-5578160 10. 1999 9:01AM CAMP MESSER & P"EE t Cimp I)mw-r &. Md(ee Inc. AffMOVAMUM TO: Ken Gyrandstaff Mesiti Development Group w.. FROM: Roger M. Norton 'Xrlw camp Dresser & Ma ee Inc. Hug 1U 1999 12:11 N. U.5 N0.321 P.2 RB -1 Rovte 114 Force Main and Pumping Stations North Andover, MA BATE: August 10, 1999 Camp Dresser & McKee Inc. (CDM) pres&nts the following discussion concerning the factors involved in siting wastewater Pumping stations• The two Proposed Pumping stations for the above -referenced project, located opposite the old Boston Hills Ski Area and at the proposed Forest View Estates subdivision adjacent to Harold parker State porest, were located and designed by CUM with these factors in mind_ 1. pumping stations are located at, or as close as possible to, the lowest point within the sewer system based on the topography of the project area. Gravity sewers serving adjacent areas flow to the pumping station, the pumps Lift the flow through a force main to a high point within the system, then flow is conveyed by gravity again. 2. pumping stations are best located at the front of the property as close as possible to the street in order to minimim pipalinc length to ft pumping station. Less pipe means reduced cost, and in engineering terms, less head loss for the pumps topump ag�ixist. 3. Access to the pumping station for operation and maintenance, required on a daily basis, is best accomplishod when the pumping station is located close to the sit. 4. The pumping station is a public building and requires an easement from Ilio landowner. Easement awards are based on an assessment of the damage to the property due to the easement. We try to keep the square footage of memont to a minimum by locating the pumping station, wet well, propane tanks, electieal pedestal, etc. as close to the street as is possible. We attempt not to break up the property by locating these facilities in the middle or rent of the property. Page 1 of 2 Mesiti Dev Uroup Fax:�Jn�-55(�iIbu _r.AlJG.10.1999 9:02AM CAMP DRESSER & MCKEE C,amQ 17tesser &MCICoe Ina HU9 IU IyM 12:22 F. U4 NO. 921 P.3 Please note, to change the pumping stattian ImAtion Al this time, when the design has 15een Ompleted and approved by the Town of North Andover Depa"ment of Public Works since last November and construction has already begun, would be costly in terms of additional design costs, revisions to easements and slippage of construction schedule. If you have any questions on the above, please advise. Page 2 of 2 Any appeal shall be filed within (20) days after the date of filing of this notice O'tt`w \ 4 TOWN OR NORTH ANDOVER MASSACHUSETTS BOARD OF ARREALS NOTICE OF DECISION Property at: 1939 Turnpike Street RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER .1999 AUG I l P 1: 5 LI NAME: Mesiti Moore's Falls, LLC. on behalf of North Andover, DPW DATE:8/11199 ADDRESS: 11 Old Boston Rd, Tewksbury, MA for premises at: 1939 Turnpike St. PETITION: 027-99 North Andover, MA 01845 HEARING: 8/10199 The Board of Appeals held a regular meeting on Tuesday evening, August 10, 1999 upon the application of Mesiti Moore's Falls, LLC; 11 Old Boston Rd., Tewksbury, MA for premises at: 1939 Turnpike St., North Andover, requesting a Variance from the requirements of Section 7, P 7.3 of Table 2, reference foot note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. The hearing was advertised in the`Lawrence Tribune on 7127199 & 8/3199 and all abutters were notified by regular mail. The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone. Upon a motion made by Walter F. Soule, and 2"d by Raymond Vivenzio, the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor. William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building Permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. By order of the Zoniaa Board of Appeals Ci William J. Sul Ivan, Chairman ml/1999decision/37 Town of North Andover AORTH OFFICE OF COMMUNITY DEVELOPMENT ANIS SERVICES A 27 Charles Street ' WILLIAM J. SCOTT North Andover, Massachusetts 01845 .1 SAcHu Z19pOA�. s�t Director (978) 688-9531 Fax (978) 688-9542 MEMORANDUM TO: William Sullivan, Zoning Board of Appeals Chairman Fill r,+ ;; +JUL 7is ; FROM: Heidi Griffin, Town Plann RE: 1270 Turnpike Street ....,... .. DATE: July 8, 1999 The Planning Board held a public hearing on July 6, 1999 regarding the above mentioned parcel for site plan review. During the public hearing process, it was discovered that an applicant proposing a pump station for a portion of this property is applying to the Zoning Board of Appeals for a variance to allow the pump station to be built in the 50' front setback. (Pump Station #1) The Planning Board voted unanimously to write this letter to you informing you that the Planning Board would not be in favor of the Zoning Board of Appeals granting this variance. The reason for this is because the Village Commercial District is a zone which is intended for businesses to be closer to the road frontage in order to achieve a higher level of visual aesthetics. All other zones on Route 114 (as you are aware) have a front setback of 100', except for the Village Commercial District. The applicant currently before the Planning Board is proposing a nursery/office building for his site plan. The Planning Board feels that if the variance for the pump station to be built in the 50' front setback were to be granted, it would negate the intent of the Village Commercial District zone, as the pump station would then be directly in front of the proposed nursery/office building. I am attaching a copy of our plan so that you may get a better idea as to how the pump station would visually distract from the proposed nursery. If you have any questions, please do not hesitate to contact me. Thanking you in advance for your cooperation. cc: Planning Board William Scott, CD&S Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 a HORTM O OL t SS"1CH115E , TOWN OF NORTH ANDOVER MASSACHUSE i 1 S EGr;rxD O;` Arr�.LS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., north Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of Mesiti Moore's Fails, LLC, on behalf of North Andover DFVJ, residence at 11 Old Boston Rd., Tewksbury, MA for premises at: 1939 Turnpike Street, North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. . Said premises affected is property with frontage on the South side of Rte. 114 of Turnpike St., which is in the V -R Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9 -AIM to 1- PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. Legslnov/Z8 ym cn _ ;�n°o�Cj� m D-iKmac�=m ra�9 f c cc�vm.mc �c D1'naDN _ X97 ocE%: Z pZ a Z'° ID_N =:m ��-o o �o ° aI o o m Gm GD7 O� O QJ N� = N OaV7 -i-i G=0 _ a-'3 G l m O J Cto � am G Z° J l CL ID N O-. N C fn. C' N O ID fn O ID Ti N ID ID G .Z"Z D �-o��mo��y -�°m ° ° DFow�^, � m n sc.�om>'2o ° nrnDm o w m mm l.m ID o o �•,n �, m Dr° jwD� __ m ID ID m �vID=zoo-c TAo °- _� ccID^�=0<omm om o`noc`� `n W 57-- n ti- 9 Ll �SS�1CHl15e{ 111 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 1 :.FAX (973) 688-9542 Date: 8' /0 `9q TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978.-688-9542 Please be advised that I wish to withdraw my petition without prejudice from the Zoning Board of Appeals agenda for property located at: STREET. TOWN: /Va r 4-e- --�' NAME OF PETITIONER. Signed: ml/variance q7F- y7S--9/vv BO -RD OF .-UPEA.LS 6SS-9541 KILD[tiGS 6SS-9_-45 CONSERVATION 683-9530 HE?LTH 655-9540 PLAN- Fi,IING 6SS-953.5 A TOWN OF NORTH ANDOVER MASSAGHUSET i S D OF AFFE,,,.LS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 1208 Main St., North Andover, MA on Tuesday the 1 Oth day of August 1999, at 7:30 PM to all parties interested in the appeal of Mesiti Moore's Falls, LLC, on behalf of North Andover DF -W, residence at 11 Old Boston Rd., Tewksbury, MA for premises at: 1939 Turnpike Street, North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. Said premises affected is property with frontage on the South side of Rte. 114 of Turnpike St., which is in the V -R Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, IUlonday through Thursday, from the hours of 9:AM to 1: PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. Legalnovr..8 m OF< nO < =0 �� �� m olnm mm(n m,.. DN �� �' mm➢m.m _a�- �, T Q(D-�Na.0 o N f.m m fD O 3 �W O CL O 7. U, 7"T Z OZ. )� o -r -Fvo_ am o5oomg <ao' �o ° mO�oDDO C- c o Z(O m y �.m ��-0 o �. .� am o o (� s• O ^ANO am =tnO o C7�m� �y ? m° fl, `Z 2 J3 o o E° y o C o m a,m a> D =p a o.0 o -0 p,. m -m Z ,y m_(0 m Z" C m ui On= J y cL >c aNO0) S ° m - a� m o o ,m (n m m -Imo 0 �M am ➢CZZ. z y ao �mc�-ti��37�m �(n Ff'-wc�;;mmm mvm` (��°�.9v,C� C7 c a< o_ _ ,-,�� -p tn> m O m m nm c N.(n m'n N� c o m m �--+Dr"o s (p >.� mm< o O•— J—(O o m��m.�� Z."y.�an (omn•f.�� ➢gym _gym -m jmmIII ID ° �-•(n o,u��(g.rw9 �y .' -"<J m O O D O `^_. � y 7 r G" 7 m C< O N( o_ O `L' (D C<J (n G J W O O (n (0 (n n 9 ISSACHU5 TOWN OF NORTH ANDOVER MASSACHUSETTS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 1208 Main St., North Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of Mesiti Moore's Falls, LLC, on behalf of North Andover DF -W, residence at 11 Old Boston Rd., Tewksbury, MA for premises at: 1939 Turnpike Street, North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. Said premises affected is property with frontage on the South side of Rte. 114 of Turnpike St., which is in, the V -R Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9 -AIM to 1: PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/9 & 8/3/99. LeegaincvrL8 ym (n CD m� T»^n�o m D_-I�mOc=m (0 m� �.<. ID ° (ny ?mom mom- �� a DN V 3m� D'° -v m o of m o� aa, m o w o o �D �.<a ?.�c^o-a-p ° -.m6 To DDO �. c. Nco�niy=:m l,<'o.. �omcoj o.,�37m aA��D� 7CL m°��W .� � ora _tm m'a tncn.� a m m �^ m m m O n .y m° c ° a c 0>20 v v 2v m(0 -j> m m m aao ay°.n�� am aao n�v m Or=➢� 1's 3aODc°NOS-���m°ammoo�mam➢CzZ,� a O D L° ti O 2- O T31 SD Q2 � iD..N ID y y „O1N C 4d c z"4,o w m m-�''^l.o n (D m Zo -'c°_. m F Dr -�=m a'mm-110'rt cb ����O.c N�m�?0 a23z ar�m�maj°'>.�D m _ 'IOD �d ^<D O yO N = 0 c_ y <O -` C'"'' ° Ci �� tD O ,p 0 \ v ^J -<' i N CSO O C C'�O C y c O"7 m ... O<0 O N ID O O� � cD lD W (D I x .i Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVIC 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director Memorandum (978)688-9531 T0: From: RE: Date: William Sullivan, Chair Zoning Board of Appeals William J. Scott, Community Development Direct( Pumping Station Variances August 2`x,1999 Fax.(978) 688-9542 This memorandum is in reference to your questions regarding tf% two requests for a variance for the pump stations along route 114. The following are issues that the zoning board should consider from section 10.4 of the by-law. • ...owning to circumstances relating to soil conditions, shape or topography. The applicant has presented plans with this information present, however there is no indication that the relationship of the set back requirements and the above conditions pose a hardship. Do the lot conditions create the reason why the applicant must vary from the setbacks? Typically you should receive evidence that the conditions of the lot (soils, topography, shape) force the construction out of compliance with the setbacks. The fact that there are wetlands on site is not conclusive to determine if those conditions create the circumstances. • ...... especially affecting such land or structures but not affecting the generally the zoning district.... There is no indication whether this condition is unique to the applicants' lot. The applicant has not shown that the condition has affected them, but not others, in each of the zoning districts. Essentially the unique test is to make sure that not everyone has the same problem. If other properties had the same problem than the zoning by-law is applied equally for other property owners and a variance would not be warranted. • .....a literal enforcement of the provision of this by-law wi11 involve a substantial hardship, finandal or otfrerwisie,.... There is no indication in the application as to the gravity of the hardship. The common test is the question: Does the zoning deny a person reasonable use of the lot that they would normally be expected to receive if they had a lot without limiting conditions such as the first criteria? The applicant should prove that they are denied use of the lot due to the combination of this criterion and the first above. Further they should indicate the type and extent of the hardship. There is nothing in the application that indicates they could not build the pumping stations in compliance with the by-law. • .....that desirable reliefmay be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-law. The purpose of the by-law is in Section 1 attached. The primary concern should be the affect of the placement of the pumping stations'.•;on the setbacks from route 114. The intent of the setbacks is to provide a sufficient dear width for future expansion. In the absence of evidence as to the expansion plans of route 114 the determination that the proposal will be a detriment to the public good cannot be made. L 16- ff.41,le4 Conclusions The application and supporting material is not conclusive enough to indicate that either proposal meets the test of a variance. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLA,�tNING 688-9535 i this Zoning Bylaw. There shall be at least four (4) of the five (5) members of the Granting Authority voting in favor of issuing the Special Permit. 6. A Special Permit granted under the provisions of this Bylaw shall not take effect until: a. The Town Clerk certifies on a copy of the decision that twenty (20) days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied, b. The certified decision has been recorded at the owner's expense in the Essex County Registry of Deed's indexed in the grantor index under the name of the record owner, and noted on the owner's Certificate of Title; C. If the Special Permit involves registered property, the decision, at the owner's expense shall also be filed with the Recorder of the Land Court. 10.3.2 Temporary Permit The Board of Appeals may grant a temporary Special Permit for use or occupancy permit for a period of.not more.than one (1) year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected and shall be processed in accordance with the procedures provided herein for the granting of Special Permits. AI 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this S' Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve `. substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw (1998/32). Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or an abutting city or town, aggrieved by an order or decision of the Building Inspector or other administrative officials in violation of any provision of this Bylaw. Any petition for an appeal above must be t�.ken within thirty (30) days of the date of the order or decision that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, who shall forthwith transmit copies of the appeal to such officer or Board, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith 146 the ey torney Gen >mey neral Ze .CTION 1 PURPOSES e; purpose of this Bylaw is the promotion of the health, safety, convenience, morals and welfare of e_inhabitants of the Town of North Andover, as provided by Chapter 40-A of the General Laws of e�Commonwealth of Massachusetts, as amended by Chapter 808, Acts of 1975, and as they may be fi�e.r amended, by regulating and restricting the use of land and buildings, thereby: Fv 1. encouraging the most appropriate use of land; '= 2. preventing overcrowding of land; 3. conserving the value of land and buildings; -a 4. lessening congestion of traffic; 5. preventing undue concentration of population; r:. 6. providing adequate light and air; u=- 7. reducing the hazards from fire and other danger; assisting in the economical ^.- provision of transportation, water, sewerage, schools, w parks, and other public facilities, r . 9. controlling the use of bodies of water, including watercourses; 10. reducing the probability of losses resulting from floods; and reserving and increasing the amenities of the Town. ECUON 2, DEFINITIONS 1 General )r the purpose of this Bylaw,, certain words or phrases herein shall be interpreted as follows, except iere.the context clearly indicates the contrary: words used in the singular include the iral, words used in the present tense include the future tense, the word "person" includes a tporation as well as an individual, the word lot includes the word plot or "parcel", the word 14 x��, _ . s a o ` X 4 SS�IGHUS�'� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPiALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 1208 Main St., North Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of Mesiti Moore's Falls, LLC, on behalf of North Andover DPW, residence at 11 Old Boston Rd., Tewksbury, MA for premises at: Turnpike Street (Boston Hall Ski Area, Inc.) North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. Said premises affected is property with frontage on the North side of Turnpike St., which is in the V -C Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1:PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. �m rra.cnm° U,?D `° CyO 0 >UYC _Ka Legalnovf37 CD < (6 (D °(nmZm�"a F'Dy -m m Oc3 2mNL ��m a-.. DDDo a?oo o�0°°oC'm°ow oDn2No 23 C_ r C 00 o CD c3-, CD m g c- o. moO a 2! C<0 > �N m � c a° ay o �m m j^y.a ao M-0 m a m bac O I 3 oDc nNOSD 5o m cam ° o o ��° =n WN -i° S -m m ..� mac.° o m DCS D �o ono„=•m: CD om mm f� wca�uci mm yP- � D��"Dvr�'no0 ® C sU>>m o m m m w <��� m y Z° --o m f Dr° m cmc- ID D�m < oyc RC1 Crz. ncm� Noma o�'DwZo nicer-mmoai a D�m m ° -^ K `y ° m N -p m n ° - ° m m D, .« _ o a'� o a: oz tfl. r fA CS1 W 7.0 N 5 03 7 N ID O N m m N O� n jID m �'5��� °.i 7.N w��-77� N 7 V' �. R E JOYCE BRAC ',"'.NAW it TOWN 01 ER ' NORTH AN'DOVtR Received by Town Clerk: JUL 11 55 PP 'ji TOWN OF NORTH ANDOVER. kLkSSACnTSL-TTS BOARD OF ,=APPEALS PPLICATION FOR RELIEF FROM THE ZONING ORDIN:.NCE 11 Old Boston Road ;ppiicant e' Address Tewksbury MA 01871 6d "9Ve No. 978 851-9395 1. Applicant is hereby made: a) For a variance from the requirements of Section 7 p�)�D:ragraph 7.3 and Table 2 of the Zoning Bylaws.Fw /. / C / i C) As a Parte 7grieved. for review of a decision made by the Building Ins.oector or other authority. _. a) Premises afiected are land x_and building(s) numbered 1939 Turnpike S(rut. b) Prern.ises affected area property with frontage on the North ( ) South ( y) East ( ) West ( ) Side of Route 114, Turnpike Street. C) Pre.nises affected are in Zoning District -fit . and the pre=ses affected have an area of 3,119,803 square feet and t':onta,7e of 2565.47 fee:. Ownership a) dame and address of owner (if joint ownership. give all names): Mesiti Moore's Fqllq, TIC. 11 Old RnSrnn Rand Tom;S-b,_4;y, MA 01876 Date of Purchasel997-8 Previous Owner ** b) 1. If applicant is not owner, check his/her interest in premises: N/A Prospective Purchaser Lessee Other Applicant is Owner) o ?. Letter of authorizanon for Variance/Special Permit required See attached. �of8 R 11 its 4. Site of proposed building:_ See Plans front; feet deep; Height stories; feet. a) Appro\znate date of erection Proposed 8/99 (Vacant Land now) b) Occucancv or use of each floor: Municipal sewer processing facility C) Type ofconstruction Varies 5. Has there been a previous appeal, under zoning. on these premsses? Yes When Tan 1999 6. Desc intion of relief sought on this petition See Additional Sheet 6A 7. Decd recorded in the Re(.zistry of Deeds in Book- 4886No. Paged and Book 5039 Page 249 Land Court Cer incate No. _Boot: Palle The principal points upon which 1 base my application are as tollo�vs: (must be stated in detail) See Additional Sheet I agree to pay the filing fee. advertising in newspaper. and incidental experises* Mesiti Moore's Falls2 LLC by its Attorney Sivnature of Pet7tio r �s) Ro e W. Lavoie, Esq. 6 0i8 **3.a) Previous Owner: Morre's Falls Corporation, David White M 1 11 l[ WORK SHEET DESCRIPTION OF VARIAINCE PE--QUESTED ZONI�,J'v DISTRICT: VR (Village Residential) neculrc SeluacK P�11 I or .vel or .fea LSC' L1�Ji�Cj Loc Dirge sion Arc, N/A Scree: Froncaee N/A Franc Sf back (s) 100 Side Szcbac� (s) 25 Rear Se:bac:: (s) N/A Special Pe—,,—Iu'c Request: 3 3 97 22 / of U TOWN OF NORTH ANDOVER O T OF PARTIES OF INTEREST: PAGE 1 OF 1 ** Map 106D, Parcel 8, Map 107B, Parcel 77 SUBJECT PROPERTY Map 106D, Parcel 37, Map 106D, Parcel 57, Map 108C, Parcel 48 MAP ** PAR #I NAME Mesiti-Moore's Falls, LLC i ADDRESS Ill Old Boston Road, Tewksbury, tU7 01876 ABUTTERS: *Map 108C Parcel 44 Map 108C, Parcel 43, & Ma 108C, Parcel 33 1 1080 46 Commonwealth of Massachusetts 100.Cambrid e Street Boston, MA 22 91, SEE A OVE Depaitme:nt-..of-Enviornmental Management 2 107E 80 Selco Service Corporation 127 Public Square, Cleveland, OH 44114 3 108C 31 Elizabeth Schneider 6051 E. Cortez Dr., Scottsdale, AZ 85254 Alvin C. Burstein 4 108C 124 Christoper W. Stewart 12060 Turn ike-Street North Andover MA 0184 Julia D. Stewart 5 106D 47 Jean P. Proulx 11812 Turnpike Street, North Andover MA 0184 106D 46 Jean P. Proulx 1812 Turnpike Street, North Andover, MA 0184 6-106D 45 John W. Hagerty 1874 Turnpike Street, North Andover MA -0184 7 106D 63 Trust Construction Corp. 51 Mount Jay Drive, Tewksbury, MA 01876 g 106D 17-1 Four H. Company 1980 Turnpike Street, North Andover, MA 0184 -9-106D 17-2 Bratt Realty Trust 1980 Turnpike Street, North Andover, MA 0184 10 106D 17-3 T.L. Corporation 1980 Turnpike Street, North Andover, MA 0184 11 108C. 21 Michael Santangelo 315 Berry Street, -North Andover, MA 01845 12 108C 168 George Lin 2050 Turnpike Street, North Andover, MA 018 13 106D 33 Frank.Fiori, Berry Street Trust 16 Berry Street, North Andover, MA 5 14 15 16 17 18 THIS CERTIFIES ONLY THAT ON THIS LIST OF NAMES & ADDRESSES OF PARTIES OF INTERE,fS WAS PREP D BY TH PP LICANT FROM THE RECORDS OF THE ASSESSORS OFFICE. ASSESS S OFFICE O ADDITIONAL SHEET 6A DESCRIPTION OF RELIEF SOUGHT ON THIS PETITION (1) A Variance under Section 7, Paragraph 7.3 (front yard setback and side yard setback) to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under the Zoning By -Law. G:\REAL-ESMDERS\mesitiaddsht6a.doc ADDITIONAL SHEET BASIS OF APPLICATION The Petitioner has received all other required permits and approvals in order to construct and turnover to the Town of North Andover for administration by the Department of Public Works ("DPW") a sewer system to service the Route 114 corridor, including the construction of two Sewer Pumping Stations. Since the sewer pumping station will include a building to house various mechanical components, the Inspector of Buildings has indicated that zoning relief from the front and side yard setbacks are required. A literal enforcement of the provisions of the Zoning By -Law would involve a substantial hardship, financial and otherwise to the Applicant, which hardship (as noted above) is owing to circumstances relating to the soil conditions, shape or topography of the Property which especially affects the Property but does not generally affect the Zoning District in which the Property is located. The relief requested is desirable, in that it will allow the Route 114 sewer system to be constructed, all as called for under the Town Master Sewer Plan, and the permits previously received by the Petitioner, all without substantial detriment to the public good, and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law. G:\REAL-EST\RIDERS\mesi tiaddsht6a.doc 0 7/4 NORT4 9S� _ mat TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any appeal shall be filed within (20) days after the date of filing'of this notice NOTICE OF DECISION Property at: 1939 Turnpike Street j RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER .1999 AUG I I P i: SLI 0 14smf rale, 5J, NAME: Mesiti Moore's Falls, LLC. on behalf of North Andover, DPW DATE:8/11/99 ADDRESS: 11 Old Boston Rd, Tewksbury, MA for premises at: 1939 Turnpike St. PETITION: 027-99 North Andover, MA 01845 HEARING: 8/10/99 The Board of Appeals held a regular meeting on Tuesday evening, August 10, 1999 upon the application of Mesiti Moore's Falls, LLC; '11 Old Boston Rd., Tewksbury, MA for premises at: 1939 Turnpike St., North Andover, requesting a Variance from the requirements of Section 7, P 7.3 of Table 2, reference foot note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. ; The hearing was advertised in the Lawrence Tribune on 7/27/99 & 8/3/99 and all abutters were notified by regular mail. The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone. Upon a motion made by Walter F. Soule, and 2"d by Raymond Vivenzio, the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor. William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building Permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. By order of the/ o iN Board of Appeals William J. Sul Ivan, Chairman ml/1999decision/37 J <V, HOR7h q O �S�ao cs O A Zb4 OMa w o t x 9ss4cNUS TOWN OF NORTH ANDOVER MASSACHUSETT S BOARD OF AF FEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of Mesiti Moore's Fails, LLC, on behalf of North Andover DPW, residence at 11 Old Boston Rd., Tewksbury, MA for premises at: Turnpike Street (Boston Hill Ski Area, Inc.) North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. Said premises affected is property with frontage on the North side of Turnpike St., which is in the V -C Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, Ncrth Andover, Monday through Thursday, from the hours of 9:AM to 1:PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. .os�� .cn'a:cmp�sN-s^o� 5�-ao�m a�fwoiomnTv0�-o�mm p�D<, DmnaNO�Ky.. .NW�O= �ow �am�MMo�.�mD:o- n�D O - PLegalnov/3i 8 m� ,< 5Dmm =' W M 0xm c o66_0a30 cn°ODDoCgmomDoda�oZ���='B�aa- _.N Nw�5�NWQ�OmmOa NNOCZOaW . 0[v .�mmN.OaomsmcnF- � DS >Tma a�a7o��°CG��ga=�z -com�.CO�!IM ZZ �.0C 0OD f�� mmnm= m n"mwDi7�m 0n �mnzo-,r Ora� Zr 00 N W.A7C Nm'OmN a -6 Nm D <' 3�3C�QjOmano 0y 7 0s�<0N�m ��m ,crismys�osa °.�,O m�32. =P1 cis m.. 7mm m25cisco LA ymy=�'= a�O �_ m� M TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of Mesiti Moore's Falls, LLC, on behalf of North Andover DPW, residence at 11 Old Boston Rd., Tewksbury, MA for premises at: Turnpike Street (Boston Full Ski Area, Inc.) North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. Said premises affected is property with frontage on the North side of Turnpike St., which is in the V -C Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1: PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. Legalnov/37 sm 3o_�Wa f��'o�W���a vivo of nUl•o gWC6= •'I�m� c�Tmy Lfn .. -� rM ma co m<� am°DDO ^.A.,f n CL -0 a R�omv a yo o a D.TR amm>�0�p°oa��5pD*wp0 CD 1NZ�CD 0 ,GW 0co730 Z z-- .0 F,-01010 r, N/_OaNOM N ro . w W;j>r 0 D �T_ y -a.0 =ZZya�_m3m»3c�Dca0amo����-V U) �p:r o cn%Z mam w ZOE-"o w 0m 0 o�nrm30,0=-,48­ O�mip �N.NmNN o10 Oam <.�CD �3<O N O3OA''ao 27 NdG NCD M�Wj7N�337„5O S-SN7 � C �� Town -of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street WII.,LIAM J. SCOTT North Andover, Massachusetts 01845 Director' (978) 688-9531 MEMORANDUM 1u TO: William Sullivan, Zoning Board of Appeals Chairman FROM: Heidi Griffin, Town Plann RE: 1270 Turnpike Street DATE: July 8, 1999 Fax(978)688-9542 LqL 7� O R OF PIPEAI-_- The Planning Board held a public hearing on July 6, 1999 regarding the above mentioned parcel for site plan review. During the public hearing process, it was discovered that an applicant proposing a pump station for a portion of this property is applying to the Zoning Board of Appeals for a variance to allow the pump station to be built in the 50' front setback. (Pump Station #1) The Planning Board voted unanimously to write this letter to you informing you that the Planning Board would not be in favor of the Zoning Board of Appeals granting this variance. The reason for this is because the Village Commercial District is a zone which is intended for businesses to be closer to the road frontage in order to achieve a higher level of visual aesthetics. All other zones on Route 114 (as you are aware) have a front setback of 100', except for the Village Commercial District. The applicant currently before the Planning Board is proposing a nursery/office building for his site plan. The Planning Board feels that if the variance for the pump station to be built in the 50' front setback were to be granted, it would negate the intent of the Village Commercial District zone, as the pump station would then be directly in front of the proposed nursery/office building. I am attaching a copy of our plan so that you may get a better idea as to how the pump station would visually distract from the proposed nursery. If you have any questions, please do not hesitate to contact me. Thanking you in advance for your cooperation. cc: Planning Board William Scott, CD&S Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 f ,aO RTH .1 _ Q *f TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF AF FEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, NIA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of Mesiti �'/ Moore's F_all� LLC, on behalf of North Andover DPW residence at 11 Old w/ Boston Rd., Tewksbury, MA for premises at: Turnpike Street (Boston Hall Ski Area, Inc.) North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under Zoning Bylaws. Said premises affected is property with frontage on the North side of Turnpike St., which is in the V -C Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1:PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3199. Legalnov/3 i ym=CLCO 03 5. C()Er-0mg;5-6-2ivo2>W-SK0va�m.�a�3�i.�: 1v s�-m -17 9* Z� w �.°._,,,�,<�'m cD CD o Fm'o p �n o a�K o cA� ZO9Z p�q 0 orm �o G,v E a-8Oma-.<Dm-° ^o�a�°.y°a�oDDO A . c c Z� w°0.. 2- •m a° o ° a o m �, o am 7Jtn'31 Y' c �W No p ��� CD v�w,�o3 mmmo� vo.dooOD2.0 v -QW o�7� m .. 4��, maao Q o �m^3,aao _n 0, m� m� aN OS Z r' s5•� Dr m v y_ ma =c a Q Tl D D �a>Si "Q" IDoov am °i��W�='�°NID mmsy����>3°°�>N0O® n' a_.a< ° - o m c ° y m }- - s^° Opt cMcnDmomm mw' <-i_.� °m,DZ°_� Dro�''�?_ mD<M < cv.�� y���og C��Q� N�m�-m' mw Z 0 X'0. �yar "� ooa °��c cc D1m w� m sem° 0 ° `o -0 o aD (D °� yQ� »?3 O� o ai m o c�°.oD a- 7? F ©rel R '�;st-1 Received by Town Clerk: N© t Ll"_, HGCaPP, TOWN OF NORTH A, DOVER. YL-�SSACHUSL-TTS JUL 54 BOARD OF APPEALS .:PPLICATION FOR RELIEF FROM THE ZONING ORDINANCE 11 Old Boston Rd. :applicant Me Address Tewksbury, MA 01876 ah/e�Jm�l%i�o►nct.Q%W Tz!. No. 978 851-9395 1. Applicant is hereby made: a) For a variance from the requirements of Section 7 L Para?raph 7.3 and Table_ 9 of the Zoning Bylaws. N/. % C � errrur un er ectton � . C) As a Pam.- Aggrieved. for review of a decision made by the Buildin<? Inspector or other authority. ?. a) Premises abetted are land and buildinu(s) numbered Turnpike Street. (Assessors Map 107A, Lot 148) b) Premises affected area property with fronta?e on the North) South () East ( ) West ( ) side of Turnpike __ Street. C) Pre.:zises affected are in Zorn`) District VC and the premises affected have an area of 100,188 88 square feet and frontage of 350 feet• 3. Ownership: Y a) dame and address of owner (if joint ownership. give all names): _Boston Hill Ski Area, Inc - Date of Purchase 1971 Previous Owner John C. Farnum b) 1. If applicant isnot owner, check his/her interest in premises: Prospective Purchaser Lessee x Other Easement Holder ?. Letter of authorization for Varance!Special Permit required See attached. 5 018 � l l!l 4. Site of proposed building: See Plans front; _ feet deep; Heisht stories, _ feet. a) Approsirnate date of erection Proposed 8/99 (Vacant 1 and now) b) Occucancv or use of each floor: muni,,4paj eowor- pumping Faeility C) Type of construction Varies 5. Has there been a previous appeal, under zoning, on these premises? No When 6. Description of relief sought on this petition See Additional Sheet 6A 7. Detd recorded in the Registry of De --ds in Boot: 1182 No. Page 309 Land Cour Certificate No. Book Page The principal points upon which I base my application are as follows (must be stated in detail) See Additional Sheet I agree to pay the filing fee. -advertising in newspaper, and incidental expenses* Mesiti Moore's Falls, LLC by its Attorney Signature ofX.,i ioner (s) o W. Lavoie, ESq. .• tit WORK SHEET DESCRIPTION OF VARIANCE REQUESTED ZOMNG DISTRICT: VC (Village _. Commercial) Required Setback Existing Se,Eac!: P%e!lzi ur .mea or .mea Re.n�es�ed Lot Din�lension . N/A Area Street Frontad N/A Front Setback (s) 50 Side Setbacl (s) 25 Rear Setback (s) N/A, 12 38 31 N/A Special Pe.,nit Request: - �1 r ec on , arag 7 of S TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP PAR # NAME ADDRESS 107A 1148 Boston Hill Ski Area c/o Dunn P.O. Box 330, Rye Beach, NH 03871 ABUTTERS: 1107A 149 Boston Hill Development LLC 11 Old Boston Rd Tewksbury, MA 01876 2 107A 255 Farnum, John C.Estate 426 Farnum Street, North Andover, MA 01845 and Farnum, Benjamin G. 397 Farnum Street, North Andover, MA 01845 31107A 252 Farnum, John C.Estate 426 Farnum Street, North Andover, MA 01845 and Farnum Benjamin G. 397 Farnum Street, North Andover, MA 01845 4107A 43 Fink, Bernice A. P.O. Box 363, North Andover, MA 01845 5107A 34 Farnum, John C. - 426 Farnum Street, North Andover MA 01845 and Farnum, Benjamin G. 397 Farnum Street, North Andover, MA 01845 6107A 40 Farnum, John C. Estate 426 Farnum Street, North Andover, MA 01845 and Farnum, Benjamin G -.J 397 Farnum Street, North Andover, MA 01845 7 8 9 10 11 12 13 14 15 16 17 18 THIS RTIFIES ONLY THAT ON d THIS LIST OF NAMES & ADDRESSES OF PARTIES OF INT R ST WAS PR ED BY H APP LICANT.FROM THE RECORDS OF THE ASSESSORS OFFICE. ASSE ORS OFFICE A ADDITIONAL SHEET 6A DESCRIPTION OF RELIEF SOUGHT ON THIS PETITION (1) A Variance under Section 7, Paragraph 7.3 (front yard setback and side yard setback) to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under the Zoning By -Law. G:\REAL-ESTIMERS\nesitiaddsht6a2.doc ADDITIONAL SHEET BASIS OF APPLICATION The Petitioner has received all other required permits and approvals in order to construct and turnover to the Town of North Andover for administration by the Department of Public Works ("DPW") a sewer system to service the Route 114 corridor, including the construction of two Sewer Pumping Stations. Since the sewer pumping station will include a building to house various mechanical components, the Inspector of Buildings has indicated that zoning relief from the front and side yard setbacks are required. A literal enforcement of the provisions of the Zoning By -Law would involve a substantial hardship, financial and otherwise to the Applicant, which hardship (as noted above) is owing to circumstances relating to the soil conditions, shape or topography of the Property which especially affects the Property but does not generally affect the Zoning District in which the Property is located. The relief requested is desirable, in that it will allow the Route 114 sewer system to be constructed, all as called for under the Town Master Sewer Plan, and the permits previously received by the Petitioner, all without substantial detriment to the public good, and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law. G:\REAL,ESMDERS\mesitiaddsht6a.doc Of HORTk 1 O _ N � NORTH ANDOVER OFFICE OF THE ZONL iG BOARD OF APPEALS 27 CHARLES STREET NORTH r^dNDOVER, MASSACH- SE TTS 0134 Date: (978) 683-954� `� Z� TO: Town of North Andover F, Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a VARIANCE for property located at: STREET: :2) 5 O Os� TOWN: 0 NAME OF PETITIONER. S)aoviLS � G-evyll-i U/_ LC I Signed: '-i� C' J_0CiS7'otn o`^ Q1'T—�y �iG�p�%i lid 10.4 Variance and Appeals . I ! � 5 The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. MI/variance O.z� UE . Pyr SJ -9`1I BLi! D[`iGS oS5-`. >1S CONSERV :.TiON 6?,4-9 fi a' ' PL v1 .3 -Ti oS�-95-) .�, i i\G 6SS 53'J Town of North Andover 60 A ORTH 01 tomer. qti OFFICE OF COMMUNI'TY DEVELOPMENT AND SERVICES p 27 Charles Street WILLIAM J. SCOTT North Andover, Massachusetts 01845 ''9SSAC`HUS��<5 Director (978) 688-9531 Fax (978) 688-9542 MEMORANDUM ! %.I. TO: William Sullivan, Zoning Board of Appeals Chairman �,1 yJ&7 FROM: Heidi Griffin, Town Plann /, � �. ,:,3_ ?, RE: 1270 Turnpike Street DATE: July 8, 1999 The Planning Board held a public hearing on July 6, 1999 regarding the above mentioned parcel for site plan review. During the public hearing process, it was discovered that an applicant proposing a pump station for a portion of this property is applying to the Zoning Board of Appeals for a variance to allow the pump station to be built in the 50' front setback. (Pump Station #1) The Planning Board voted unanimously to write this letter to you informing you that the Planning Board would not be in favor of the Zoning Board of Appeals granting this variance. The reason for this is because the Village Commercial District is a zone which is intended for businesses to be closer to the road frontage in order to achieve a higher level of visual aesthetics. All other zones on Route 114 (as you are aware) have a front setback of 100', except for the Village Commercial District. The applicant currently before the Planning Board is proposing a nursery/office building for his site plan. The Planning Board feels that if the variance for the pump station to be built in the 50' front setback were to be granted, it would negate the intent of the Village Commercial District zone, as the pump station would then be directly in front of the proposed nursery/office building. I am attaching a copy of our plan so that you may get a better idea as to how the pump station would visually distract from the proposed nursery. If you have any questions, please do not hesitate to contact me. Thanking you in advance for your cooperation. cc: Planning Board William Scott, CD&S Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover �,� � HORT�y OFFICE OFf't "1 /— COMMUNITY DEVELOPMENT AND SERVICES-.. C.. r._ 1� 27 Charles Street North Andover, Massachusetts 01845 WILLLkiv1 J. SCOTT AC HUs` Director Memorandum (978)688-9531 T0: From: Date: William Sullivan; Chair Zoning Board of Appeals William J. Scott, Community Development Director Pumping Station Variances August 2`a,1999 Fax (97 8) 688-9542 This memorandum is in reference to your questions regarding life two requests for a variance for the pump stations along route 114. The following are issues that the zoning board should L� y v 'd )nx/, e. ( consider from section 10.4 of the by-law. • ...owning to circumstances relating to .sail conditions, shape or topography, The applicant has presented plans with this information present, however there is no indication �o � L O n'( that the relationship of the set back requirements and the above conditions pose a hardship. Do the lot conditions create the reason why the applicant must vary from the setbacks? Typically you should receive evidence that the conditions of the lot (soils, topography, shape) force the J construction out of compliance with the setbacks. The fact that there are wetlands on site is not�_5m conclusive to determine if those conditions create the circumstances. • ...... especially affecting such land or structures but not affecring the generally the zoning district,.,. There is no indication whether this condition is unique to the applicants' lot. The applicant has not shown that the condition, has affected them, but not others, in each of the zoning districts. Essentially the unique test is to make sure tat not everyone has the same problem. If other properties had the same problem than the zoning by-law is applied equally for other property owners and a variance would not be warranted. • __a literal enforcement of the provision ofb s by-law will involve a substantial hardship, frnandal or otfierwise,..,. There is no indication in the application as m the gravity of the hardship. The common test is the question: Does the zoning deny a person reasonable use of the lot that they would normally be expected to receive if they had a lot without limiting conditions such as the first criteria? The applicant should prove that they are denied use of the lot due to the combination of this criterion and the first above. Further they should indicate the type and extent of the hardship. There is nothing in the application that indicates they could not build the pumping stations in compliance with the by-law. • .. _ that desirable relief may be granted without substantial de&rnent to the public good and without nullifying or substantially derogating from tfie intent or purpose of this By-law. The purpose of the by-law is in Secticri,,i attached. The primary concern should be the affect of the placement of the pumping stations>.on the setbacks from route 114. The intent of the setbacks is to provide a sufficient dear width for future expansion. In the absence of evidence as to the expansion plans of route 114 the determination that the proposal will be a deb-iment to the public good cannot be made. Conclusions The application and supporting material is not conclusive enough to indicte that eitf-,er proposal meets the test of a variance. EO,A.RD OF A.PPEALS 633-95=11 BUILDING 683-9545 CONSERVATON 533-95'o ^c. HEALTH ^ 633-9540 (.. t NORTH , O tato ie 4O 0 �f9 SS•1CHUStit TOWN OF NORTH ANDOVER MASSACHUSciiS BOARD OF AFFLALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA cn Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of Mesiti Moore's Falls, LLC, on behalf of North Andover DPW, residence at 11 Old Boston Rd., Tewksbury, MA for premises at: Turnpike Street (Boston Hill Ski Area, Inc.) North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2, reference Foot Note: 1.1 (1) in order to allow a municipally operated sewer pumping station to be closer to the front and lct lines than allowed under Zoning Bylaws. Said premises affected is property with frontage on the North side of Turnpike St., which is in the V -C Zoning District. Plans are available for `review at the Office of the Building Dept., 27 Charles Street, Ncrth Andover, Monday through Thursday, from the hours of 9:AM to 1: PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. Legalnov/37 . p -� - D `yG .gyp C. <_ �� D O m�A—L W -_D c0 03 �. In L=Y. O. F � D S cD o� D m D o 41.' /M o �D ai m a=oZm aw-_' p, o o m o< Dmf �Mo a3 -. y�.o so DDO V� o y m M m y m ' m ID moo H m° c co o m o o O D 2.0 r- o � D =3 n o s� m D 2 y m n y Z m N•O �.�gg" aWDc a'YC1 CDOy gD �.y N o -am a �i3 y WD o.� maa W �� �nm DCZZ 6 L� 0�in O N^< D O Q 0. C. D o 1] o o y� �.y D y- O Q O Dn a n< �� w. m D D F wo �„� D y °' a Dm m ��OT C D� o D D D m < �_ T n D y'Zo .� f Dro j- _ .D Do m� CD n�,c m 1�' v m O� m m o o.ro� m �? <a :3 C n�� �jQN=•�� r1M, o o 0 "301 y �o o o� n �.9 3 y �Q� m »So 0< o m m o 0 0o w <cn W 7 7 n D 3 `(/Di D �i D 7 N (0 fp O CJ j D CA T 0i .< n 7. w? -'n D^ lA 7 M JOYCE it ;iHlkw E� 10 t. U� Received by Town Clerk: Hoiki Alio"M- TOWN OF NORTH A1NDOVER. i���S�,CHLTSL TTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE 11 Old Boston Rd.. "`,pplicant Mesiti Moore's Fa11 �, T T C Address Tewksbury, MA 01876 d,.. kJ A 9 d7t NQAl,te" X9 Te!. No. 978 851-9395 1. Applicant is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7.3 .and Table 9of the Zoning Bylaws. F'N C) As a Parte AiJgrieved, for review of a decision made by the Buildina Inspector or other autho city. 2. a) Premises affected are land and building(s) numbered Turnpike Street. (Assessors Map 107A, Lot 148) b) Premises affected area property with frontage on the North) South () East ( ) West ( ) side of Turnpike Strut. C) Pre.^uses afrected are in Zoning District VC and the premises aFected have an area of 100,188 square feet and frontage of 3.50tzet• ;. Ownership: Y a) dame and address of owner (if joint ownership. give all names): Boston Hill Ski Area Inc Date of Purchase 1971 Previous Owner John C. Farnum b) 1. If applicant is -not owner, check his/her interest in premises: Prospective Purchaser Lessee X Other Easement Holder 2. Letter of authorization for Variance!Special Permit required See attached. 5 of 8 0 M1 11 I[I 4. Site of proposed building: See Plans front; _ feet deep; Height stories: feet. a) Approximate date of erection Proposed 8/99 (Vacant land now) b) Occupancy or use of each floor: Municipal Sewer Pumping Facilit�T C) Type of construction Varies 5. Has there been a previous appeal, under zoning?, on these premises'? No When 6. Description ofreliefsought on this petition See Additional. Sfheet 6A 7. Deed recorded in the Registry of Deeds in Book 1182 No. Pave 309 Land Court Certificate No. Book Pave The principal points upon which I base my application are as follows (rust be stated in detail) See Additional Sheet I agree to pay the filing. fee. -advertising in newspaper. and incidental expenses* Sivnature of 1 iolner (s) jotCrj W. Lavoie, ESq. 6 of8 I a fi _R_ SHEET DESCRIPTION OF VARIANCE REQUESTED ZO\,it�+G DISTRICT: VC (Village Commercial) Reoulred Setback Existing Setf;ac!: P�e!I or .mea or area Re„ueszed Lot Dtr:ie;lsLon . N/A Are,' Street Fronto N/A Front Setback (s) 50 12 38 Side Setback (s) 25 31 N/A Rear Setback (s) N/A Special Pe,rui Reauest: 7 of S m TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP I PAR # NAME ADDRESS 107A 1148 Boston Hill Ski Area c/o Dunn P.O. Box 330, Rye Beach, NH 03871 ABUTTERS: 1107A 149 Boston Hill Development LLC 11 Old Boston Rd Tewksbury, MA 01876 2107A 255 Farnum, John C.Estate 426 Farnum Street, North Andover, MA 01845 and Farnum, Benjamin G. 397 Farnum Street, North Andover, MA 01845 3107A 252 Farnum, John C.Estate 426 Farnum Street, North Andover, MA 01845 and Farnum Benjamin.G. 397 Farnum Street, North Andover, MA 01845 4107A 43 Fink, Bernice A. P.O. Box 363, North Andover, MA 01845 5107A 34 Farnum, John C. -. 426 Farnum Street, North Andover MA 01845 and Farnum, Benjamin G. 397 Farnum Street, North Andover, MA 01845 6107A 40 Farnum, John C. Estate 426 Farnum Street, North Andover, MA 01845 and Farnum, Benjamin G-.,,,. 397 Farnum Street, North Andover, MA 01845 7 8 9 10 11 12 13 14 15 " 16 17 18 THIS RTIFIES ONLY THAT ON 0r 7 THIS LIST OF NAMES & ADDRESSES OF PARTIES OF INT R ST WAS PRED BY H APP LICANT FROM THE RECORDS OF THE ASSESSORS OFFICE. M - - ASSE ORS OFFICE u ADDITIONAL SHEET 6A DESCRIPTION OF RELIEF SOUGHT ON THIS PETITION (1) A Variance under Section 7, Paragraph 7.3 (front yard setback and side yard setback) to allow a municipally operated sewer pumping station to be closer to the front and side lot lines than allowed under the Zoning By -Law. (2) A Special Permit under Section 4, Paragraph 4.130 to allow a municipally operated sewer pumping station. G:\REALESMDERS\tnesitiaddsht6a2.doe Or 0! ADDITIONAL SHEET BASIS OF APPLICATION The Petitioner has received all other required permits and approvals in order to construct and turnover to the Town of North Andover for administration by the Department of Public Works ("DPW") a sewer system to service the Route 114 corridor, including the construction of two Sewer Pumping Stations. Since the sewer pumping station will include a building to house various mechanical components, the Inspector of Buildings has indicated that zoning relief from the front and side yard setbacks are required. A literal enforcement of the provisions of the Zoning By -Law would involve a substantial hardship, financial and otherwise to the Applicant, which hardship (as noted above) is owing to circumstances relating to the soil conditions, shape or topography of the Property which especially affects the Property but does not generally affect the Zoning District in which the Property is located. The relief requested is desirable, in that it will allow the Route 114 sewer system to be constructed, all as called for under the Town Master Sewer Plan, and the permits previously received by the Petitioner, all without substantial detriment to the public good, and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law. G:\REAL,ESMDERS\mesitiaddsht6a. doc i e AORTN .i O •ao .a �Mp 9 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01345 FAX (978) 688-9542 Date: r-/0 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978.-688-9542 Please be advised that I wish to withdraw my petition without preiudic7e from the Zoning Board of Appeals agenda for property located at: STREET:. TOWN: NAME OF PETITIONER: Pf iL IC - Signed: 1 A-4 ^tioner (or titioner's epresentative) if mIlvariance E0 -.RD OF APPEALS 68S -954f BLiLDINGS 688-95.45 CONSERVATION 688-9530 HEALTH 633-95.40 PLa_NNNING 6SS-9535 �I J ....� ' . .. X q e� Q t1�0 iE Any appeal shall be filed within '(20) days after the date of filing of this notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF AF FEALS RECEIVED JOYCE BRADSHAW " TOWN CLERK NORTH ANDOVER 1999 AUG I -I P I: S U NOTICE OF DECISION Property at: Turnpike St. (Boston Hill Ski Area, Inc.) NAME: Mesiti Moore's Falls, LLC. on behalf of North Andover, DPW DATE:8/11/99 ADDRESS: 11 Old Boston Rd, Tewksbury, MA for premises at: Turnpike St., (Boston Hill Ski Area, Inc.) PETITION: 026-99 North Andover, MA 01845 HEARING: 8/10/99 The Board of Appeals held a regular meeting on Tuesday evening, August 10, 1999 upon the application of Mesiti Moore's Falls, LLC, 11 Old Boston Rd., Tewksbury, MA for premises at: Turnpike St., (Boston Hill Ski Area Inc.) North Andover, requesting a Variance from the requirements of Section 7, P 7.3 of Table 2, reference foot note: 1.1 (1) in order to allow a municipally, operated sewer pumping station to be closer to the front lot lines than allowed under Zoning Bylaws. The hearing was advertised in the Lawrence Tribune on 7/27/99 & 8/3/99 and all abutters were notified by regular mail. The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone. Upon a motion made by Walter F. Soule, and 2nd by Raymond Vivenzio, the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor: William J. Sullivan, Walter F. Soule, Raymond Vivenzjo, Robert Ford, John Pallone. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building Permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. ml/1999decision/38 By order of th Zoning Board of Appeals LJ ; I William J. SIivan, Chairman Town of North Anc'over, f AORTM OFFICE OF 3�° '•,yo COMMUNITY DEVELOPMENT AND SERVICES ° . p a 27 Charles Street North Andover, Massachusetts 01845 `°^ • ° ° "�� WILLIAM J. SCOTT SSS 4C HU5tij Director (978) 688-9531 Fax (978) 688-9542 FAX Transmission TO: y�L If -A G?r� FAX Number: �7P - X70. b���' FROM: Town of N rth Andover Zoning Board of Appeals FAX: 978-688-9542 PHONE: 978-688-9541 DATE: �Q 9 SUBJECT: Total number of pages: REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal notice has to be placed with the legal notice department of the Lawrence Eagle -Tribune and it is your responsibility to do so as -soon -as -possible in order to meet the required deadline. Failure to place the legal notice in the paper within the required deadline will mean that you will not be able to be placed on the ZBA agenda for the upcoming meeting. The phone number for the Eagle Tribune is: 978-685-1000, ext. ##412, should you require further assistance. Ml/fax Post -it® Fax Note 7671 Daterj o? p pages To i e CS 1� C From Co./Dept. Co. ' J Phone # Phone # 7 p 6 `idi / / Fax # /' 7P,f% - �101 Fax # 7Jd/ BOARD OF P3PE —LS 633-9541 BLTLDING 633-95.15 CONSERY 1TION 633-9530 HEALTH 683-9540 PLANNTNO 683-9535 a Town of Forth Andover ° OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES- 27 ER ICES -27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director Memorandum (978)688-9531 TO: William Sullivan; Chair Zoning Board of Appeals From: William J. Scott, Community Development Director RE: Pumping Station Variances Date: August 2`,1999 � r10R7 O -1�y\ a 1- i A 9 , 't gCHUS` Y ' Fa; (978) 688-9542 � This memorandum is in reference to your quevtions regarding tSe two requests for a variance for the pump stations along route 114. The following are issues that the zoning beard should consider from section 10.4 of the by-law. • ...owning to circumstances relating to soil conditions, shape or topography, -- The applicant has presented plans with this information present, however there is no indication ��� �J�r✓( that the relationship of the set back requirements and the above conditions pose a hardship. Do the lot conditions create the reason why the applicant must vary from the setbacks? Typically you should receive evidence that the conditions of the lot (soils, topography, shape) force the ` f construction out of compliance with the setbacks. The fact that there are wetlands on site is not m inclusive to determine if those conditions create the circumstances. �e d " • ...... especially affectFng stuff land or structures but not affecting bf e generally the zoning district .... There is no indication whether this condtion is unique to the applicants` lot. The applicant has not shown that the condition, has affected them, but not others, in each of the zoning districts. Essentially the unique test is to make sure that not everyone has the same problem. If other properties had the same problem than the zoning by-law is applied equally for other property owners and a variance would not be warranted. • .....a literal enforcement of the provision of this by-law will inv9olve a substantial hardship, finandal or obfierwise,..,. There is no indication in the application as to the gravity of the hardship. The common test is the question: Does the zoning deny a person reasonable use of the lot that they would normally be expected to receive if they had a lot without limiting conditions such as the first criteria? The applicant should prove that they are denied use of time lot due to the combination of this criterion and the first above. Further they should indicate the type and extent of the hardship. There is nothing in the application that indicates they could not build the pumping stations in compliance with the by-law. • ..... that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-law. The purpose of the by-law is in Sectiori`,1 attached. The primary concern should be the affect of the placement of the pumping stations:.on the setbacks from route 114. The intent of the setbacks is to provide a sufficient dear width for future expansion. In the absence of evidence as to the expansion plans of route 114 the determination that the proposal will be a detriment to the public good cannot be made. Conclusions The application and supporting material is not conclusive enough to indicte that either propcsal meets- the test of a variance. BOARD OF ?PEALS 633-9541 BUILDING 633-9545 CCNSERV.4T;ON 538-9530 HEAL T^ 633-9540 PL.a.?NI�iG 5:i -')i15 D A Mesiti Dev broup tax:y(6-55(81bu Hug lU lyyy 12:5U F.V1 Dept. of Public Works Phone 976- 695.0960 °' 1 354 Osgood Sheet Fac 976-688.8673 u $ e f North Andover, MA 01846IL . ....Memo To: William Sullivan, Chairman, ZBA Fiw c Jim Rand, Jr.. Director of.Engineed CC: J. William Hmurciak, Director D Datm July 31, 1999 Ra Mesiti petitions at Turnpike Street This Department has reviewed these pians from their inception and has approved them. We support them and recommend that the Zoning Bottrd approve them. Also, I received a phone call, on July 29, 1999, from Mr. Eric W. Boderman, District Ffrghway Engineer forthe Commonwealth. Mr. Botterman had no eoncems over the siting of any pump station within the applicable' setback requirement of the Town. Mr. Botterman informed that he would not sendanY ance and that the state involvementmoutd end with our telephone discussion. I will be In California at the time of the hearing. otherwise 1 would attend In support of this matter. If you have any other questions please contact me. 0 Page 1 Mesiti Dev Group Fax=978-5578160 _ AUG. 10. 1999 9=01AM CAMP DRESSER & MCKEE X111 C� r&MdGL ME1 ORANDUM Hug 10 1999 1111 TO- Ken Crrandstaff Mesiti Development Group FROM: Roger M. Norton Camp Dresser MG cc 1riC, RE: Route 114 pow Main and Pumping Stations North Andover, MA DATE: August la, 1999 N0.321 Camp Dresser & McKee Inc. (CDM) presents the following discussion concerning the factors involved in siting wastewater pumping stations. The two proposed pumping stations for the above -referenced project, located opposite the old Boston Hills Ski Area and at the proposed Forest View Estates subdivision adjacent to Harold Parker State Forest, were located and designed by CDM with these factors in mind. 1. pumping stations are located at, or as close as possible to, the lowest point within the sewer system based on the topography of the project area. Gravity sewers serving adj scent areas flow to the pumping station, the pumps lift the flow through a force main to a high point within the system, then flow is conveyed by gravity again. 2. Pumping stations are best located at the front of the property as close as possible to the sweet in order to n-dU1r zO pipeline leWh to the pumping station, Less pipe means reduced cost, and in engineering terms, less head loss for the pumps to pump against. 3. Access to the pumping station for operation and maintenance, required on a daily basis, is best accomplished when the pumping station is located close to the street. 4. The pumping station is a public building and requires an easement fmm the landowner. Easement awards are based on an assessment of the damage to the property due to the easement. We try to keep the square footage of easement to a minimum by locating the pumping station, wet well, propane tanks, electrical pedestal, etc. as close to the street as is possible. We attempt not to break up the property by locating these Facilities in the middle of feet of the property. Page 1 of 2 Mesiti Dei Group Fax:978-5578160 AUG. 10. 1999 9:02AM CAMP DRESSER & MCKEE CM C:am� Tkessr &MrlCee Inc, Me= note, to change the pumping station location at this time, when the design has been Completed and approved by the Town of North Andover Department of pU1511c Works since last November and consMiction has already begun, would be costly in terms of additional design costs, revisions to easements and slippage of construction schedule. Aug 10 1999 12=22 P.04 10.321 P.3 If you have any questions on the above, please advise. PW2of2