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LEGAL NOTICE
TOWN OF NORTH ANDOVER '.
MASSACHUSETTS
t BOARD OF APPEALS
NOTICE
MATICH 20.1989
Notice i; h2it:hy �,ivwl !i!at the Boa,d of Appeals will
give n 6r.,r^�g al tta% lrton 130ctiuq, Horth Andover,
on I jr-:ay 8u• 1 Ith day of April 1989, at
7 70 o'c!nr,F;, to ill fmil4rs interested in the appeal o1
Robert J. Bntal Build<�i s, Inc, requesting a variation
o' Sec. 11. Parr. 8, 5(0) (c) & Sec. 8, Fara 8.1(7) of
the 7oninq ':y Law so as to permit relief from 50'
butler zone, di -tante of 50'ween structures.
maxirne.n t,c,Igl and 25' driveways on the premises,
locaierd at west skip of 1 urnpike St. Route 114 and
known as Reston hill.
s By Order of the
Board of Appeals
Frank Serio, Jr., Chairmin
'LEGAL NOTICE
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
MARCH 20, 1989
Notice is hereby given that the Board of Appeals will
give a hearing at the Town Building,North Andover,
on Tuesday evening the lith day of`April 1989, at
7:11 o'clock to all parties interested in the appeal of
Robert J. Batal Builders, Inc, requesting a variation
of Sec. 8, Para 8, 5(6) (c) & Sec. 8, Para 8.1(7) of�
the Zoning By Law so as to permit relieflAom 50'
buffer zone, distance of 50' between structures,
maximum height and 25' driveways on the premises,'
located at west side of Turnpike St. Route 114 and
known as Boston Hill.
By. Order of the
Board of Appeals'
Frank Serio, Jr., Chairman
NMXI"
1"s
40 a
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
..March 20 ...... 19-89
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on Tuesday -
evening .... ......... thellth. day of ..April...
1989 , at 7:30elock, to all parties interested in the appeal of
Robert-J.-Batal-Builders,.Inc...........................
requesting a variation of Sm$, . Para . 8 q 5 (6).(c.)Of the Zoning
& Sec. 8, Para 8.1(7)
By Law so as W I.Trrmt .......... ............... .......
relief from 50' buffer zone, distance of 50' between
structures maximum height and 25"'d-tivia .....ways ..........
......................................
........... I
................................
........ ................ I ......................
on the p.i einises, located at. we s t.. -,s . ide. o f . Turnpike. St.... .
Route 114 and known as Boston k'
... ......... .............. .............
By Order of the Board of Appeals
Frank Serio, Jr., Chairman
Publish in N. A. Citizen on March 23 & March 30, 1989
Bill to: Robert J. Batal Builders, Inc.
4300 Chain Ridge Rd., Fairfax, Virginia 22039
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
Robert J. Batal Builders, Inc.
4300 Chain Bridge Road
Fairfax, VA 22039
RECEIVED
DANIFL 0IG
TOWN ('!.(:�K
N0R1!! AFitlUVER
AUG 15 11 41 AM X89
Date .... August .15 ; • 19.89 .......
Petition No.. 49-89
April 11, May 9, June .13,
Date of Hearing August 8 and,August 14, 1989
Petition of ...... Robert .J.. B .tal .Builders, . Inc..... .
..................................
Premises affected .. , Boston, Hill„ .$W. side .of. Turnpike, Street, , Route .114 .............
Referring to the above petition for a variation from the requirements of .Section
.50-foot..distance. between, S.MCWres.;..Sect ion .8,5(6).(c.)., ,54 -foot .bVf fPX. .4Qne,. Section
8.5(6)(c); 30 -foot height limit and Section 8.1(7) 50 -foot driveways.
soas to permit...........................................................................
relief from the above bylaw requirements in order to construct townhouses
.at . Bos.t.on .Hill,. Route. 11.4.,..Turnpike .Street ........................................ .
After a public hearing given on the above date, the Board of Appeals voted to .GRANT ...... the
variances .. and hereby authorize the Building Inspector to issue a
Permit to ...... Rob.er.t .J.. Batal .Build.er.s, . Inc.. ....................................... .
for the construction of the above work, based upon the following conditions:
SEE ATTACHED
1IV
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Signed C
�j ,
Wi iam S llivan, ct ng Chairman
Augustine Nickerson; -Clerk......
.... Anna -O'Connor ....................
Louis Rissin".' , " ..
.............. I .................
Board of Appeals
-GYJ- I ywO O : LG/11.1 1 r%vV l
�J
Any appeal shall be filed
Within (201 elays after the
date of Ming cf vNis Notice
in the Office of the..Town
MOFIIy
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
Robert J. Batal Bldrs., Inc. * Petition: 049-89
4300 Chain Bridge Road * DECISION
Fairfax, VA 22039
RECONSIDERATION
R�CI�.IYth `
pANIF..t_ L.'3 W3
NOR,t`! I�,,UoYER
„uc 15 1141 M`B9.
The Board of Appeals held public hearings on April 11, May 9, .Tune 13, August 8
and a Special Meeting on August 14, 1989 for reconsideration, upon the application
of Robert J. Batal Builders, Inc. requesting variances from the Zoning Bylaw
listed below, in order to construct a roadway and 22 principal structures contain-
ing 104 townhomes on the land known as Boston Hill, as shown on a plan entitled
"Site Plan, Boston Hill, North Andover, MA ", prepared by H. W. Moore Associates,
Inc., dated March 31, 1989:
1. Section 8.5(6)(c): 50 -foot distance between structures;
2. Section 8.5(6)(c): 50 -foot buffer zone;
3. Section 8.5(6)(c): 30 -foot height limit;
4. Section 8.1(7): 25 -foot' -driveways
The following members were present and voting: William Sullivan, Acting Chairman,
Augustine Nickerson, Clerk, Anna O'Connor and Louis Rissin.
The hearing was advertised in the North Andover Citizen on March 23, 1989 and
March 30, 1989 and all abutters were notified by regular mail. The continuation
of the hearings was announced at each preceding hearing.
Upon a motion made'by Ms. O'Connor and seconded by Mr. Rissin, the Board voted,
unanimously, to CRANT the variances as requested, subject to the following
conditions listed on Page 2 and Page 3 attached to this decision.
The Board finds that the Applicant has satisfied the relevant provisions of the
Zoning ByLaw and finds that owing to circumstances relating to soil conditions,
shape and topography of the land, especially affecting such land but not affecting
generally the VR'Zoning District, a literal enforcement of the.ByLaw would involve
substantial hardship to the Applicant and that desirable relief can be granted with-
out nullifying or substantially derogating from the intent or purpose of the ByLaw.
The variances are necessary because of the steep tosographical features, tree
locations, and soil conditions of the site.
Dated this 15th day of October, 1989.
William Su P,ivan
Acting Ch rman
/awt / ,
i Page 2
Robert J. Batal Builders, Inc. ABCISION. August 15, 1989
1. Section 8.5(6)(c): Minimum distance between structures
The Board grants a variance from the 50 foot distance requirement to 30 feet between
garages and 44 feet between units for all instances where the Plan does not comply.
The Board finds that Applicants proposed design provides maximum conservation of
existing slopes and preserves natural grades whereever possible, without increasing
permitted density. Separating the buildings in order to cause them to be 50 feet
apart would result in unnecessary elimination of trees and would cause a substantial
hardship to Applicant. . The Board finds that because the Village Residential zoning
contemplates "cluster" development, the development of the buildings in relative
proximity to each other, but with ample adjoining landscaping, is consistant with the
purposes of the By -Law.
2. Section 8.5(6)(c): Buffer zone of 50 feet
The Board grants a'variance from the 50 foot buffer requirement to 25 feet plus
added landscaping for all instances where the Plan does not comply. The plan provides
for maximum utilization of lot size and open space and includes extensive landscaping
for the benefit.of all residents. Any redesign to eliminate any encroachment into. the
buffer zone would result in additional removal of trees and would Increase the surface
erosion.
3. Section 8.5(6)(c): Maximum height of 30 feet or 2.5 stories
The Board grants'a variance from this.provision of 30
where the Plan does not comply. The•Board finds that
function of the slope and, topography of the site. The
order to minimize overlot grading; any decrease in the
substantial additional changes to adjacent grades and
Applicant's efforts in the resulting building design a
of the By -Law.
4. Section 8.1(7): Minimum driveway width of 25 feet
feet to 40 feet, in all instances
the height violation is a direct
increased height is necessary in
height of the walls would require
slopes. The Board finds that
re consistent with the purposes
The Board grants a variance from the 25 foot width requirement to 22 foot, minimum,
for all instances where the Plan does not comply. The Board finds .that the 22 foot
driveways provide adequate access for anticipated traffic in a "cluster" develop-
ment as contemplated by Village Residential zoning and for any emergency vehicles,
and is therefore consistent with the purposes of the ByLaw.
The foregoing variances shall be subject to the following conditions, which are
intended further to promote use of the site in harmony with the intent and purpose
of the By -Law:
1. Prior to construction, Applicant shall construct and maintain a
temporary snow fence along the line of limits of clearing adjacent
to property lines, provided that. no fence shall be installed in wet-
lands areas or.wetlands buffer zones. The line of limits of clearing
is shown as a broken line on the site plan (the "Plan").
2. Applicant shall construct a solid board fence at least 5 feet in
height along the common property line with land of the Trustees of
Reservations ("TTOR"), provided that up to two points of foot access
between the site and the land of TTOR may be provided. One point of
access shall be in the location of the parcel of land referred to in
Item 4 below, and shown on the Plan as "Path to Meander with Natural
Terrain"; the second point of access shall be in such location as
5—Gel— I J'WO J i MuVl
Robert J. Batal Builders, Inc. 'DECISION
Page 3
Applicant and TTOR may agree. The fence, or portions thereof, shall be
constructed simultaneously vich construction of portions of the road-
way parallel thereto.
3. The land lying between the broken line establishing the limits of
clearing shown on the site plan and TTOR's common boundary shall be
subjected to an easement granted to TTOR for the benefit of its Ward
Reservation retaining such land predominantly in its open, natural
condition with no material removal of trees, shrubs or other vegetation
permitted(excepc for removal, of deseased or injured vegetation and in-
stallation of any new landscaping shown on plans submitted to the Board)
and no use of any herbicides permitted, such conveyance to occur at the
time Applicant acquires the premises, but no later than issuance of a
building permit (the acceptance and recording of such easement by TTOR
to be in full satisfaction of this condition).
4. The -50 foot by 500 foot parcel of land connecting the site co
Chestnut Street shall be conveyed to TTOR in fee simple subject only
to a retained perpetual easement CO install, repair, maintain and
replace subsurface sewer lines, pumping stations and appurtenances
beneath such parcel and beneath former Chestnut Street, provided that
such right shall lapse if no such lines are initially installed within
5 years of such conveyances; such conveyance to occur at the time Applicant
acquires the premises, but no lacer than issuance of a building permit
(the acceptance and recording of such conveyance by TTOR to be in full
satisfaction.of this condition).
5. The site shall be subject to a covenant granted to TTOR for the
benefit of the Ward Reservation, chat the owners of the site shall
maintain, repair or replace the fence described in #2 above; such
conveyance to occur at the time Applicant acquires the premises, but
no later than issuance of a building permit (the acceptance and re-
cording of such covenant by TTOR to be in full satisfaction of this
condition).
The Board notes that the construction of this residentaial development is contemplated
in phases and that Applicant will rely on the granted variances for the entire
development and condominiumization of the site. Once the first phase of the
development is commenced, commitment to build infrastructure, and delicate
open space, and devote the entire site to the precise development shown on the
Plan will have been irreversibly made. Therefore, the Board finds that the
variances shall apply to, remain in effect as to, and be deemed to have been
exercised ;rich respect to, all improvements shown on the Plan and each phase
independently, provided that at least one building permit for any phase, or the
entire site, is obtained within one year of the effective date of the Board's
decision (i.e., one year after all appeal periods have lapsed without any appeal
having been taken, or after any appeals have been finally dismissed).
--filed
r.ny appeal u{ter the
�dithin l2V ;y S,ofce
ate 01 0fcice Ot the ToWn:
in til
Clerk.
O� NORTfj 114
O _ 44n a����t,9y�
l p
*��SSHCNU51, r
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Robert J. Batal Builders, Inc* Petition: #49-89
4300 Chain Ridge Road
Fairfax, Virginia 22039 * DECISION
REr;FIV �4'G
TOS;{ ��l.;�CiLER
The Board of Appeals held a public hearing on April 11, May 9, June 13 and August 8,
1989 upon the application of Robert J. Batal Builders, Inc. requesting a variation
from the requirements o� Section 8, Paragraph 8.5(6)(c) and Section 8, Paragraph .1(7)
of the Zoning Bylaw so as to permit relief from the 50' buffer zone, distance of 50'
between structures, maximum height and 25' driveway on the premises located at Boston
Hill, Route 114, Turnpike Street. The following members were present and voting:
William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Anna O'Connor and
Louis Rissin.
The hearing was advertised in the North Andover Citizen on March 23, 1989 and March 30
1989 and all abutters were notified by regular mail.
Upon a motion made by Ms. O'Connor and seconded by Mr. Rissin, the Board voted to
grant the variances as requested subject to conditions agreed upon. The vote was
as follows: In favor; Mr. Sullivan, Ms. O'Connor and Mr. Rissin, Opposed; Mr.
Nickerson, therefore the petition was DENIED.
Dated this 14th day of August, 1989.
/awt
16 :77 �s?
BOARD OF APPEALS
illiam Sullivan,
Acting Chairman
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
June 13, 1990
Robert J. Batal Bldrs., Inc.
4300 Chain Bridge Road
Fairfax, VA 22039
RE: Variances relating to Boston Hill Residential Project granted to
Robert J. Batal Builders, Inc., umder Petition #49-89, pursuant
to Decision of North Andover Board of Appeals dated August 15, 1989
(the "Variances")
Dear Mr. Batal:
The Board of Appeals held a regular meeting on Tuesday evening, June 12,
1990 upon your request for an extension of Petition #49-89, granted to
you on August 15, 1989.
Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the
Board voted, unanimously, to GRANT your extension request until February
15, 1991.
Sincerely,
BOARD OF APPEALS
William Sullivan
Vice-chairman
/awt .
cc: Hale & Dorr
MANCHESTER OFFICE
THE NUMERICA BUILDING
1155 ELM STREET
MANCHESTER, NH 03101
(603) 627-7600
OVERNIGHT MAIL
HALE AND DORR
COUNSELLORS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
60 STATE STREET
BOSTON, MASSACHUSETTS 02109
(617) 742.9100
(TELECOPIERI
(617) 367.6133 (617) 742-9108
TELEX 94-0472
May 31, 1990
Town of North Andover
Board of Appeals
120 Main Street
North Andover, Massachusetts 01845
Attn: Ms. Audrey Johnson
WASHINGTON OFFICE
THE WILLARD OFFICE BUILDING
1455 PENNSYLVANIA AVE., N. W.
WASHINGTON, D.C. 20004
12021 393-0800
Re: Variances relating to Boston Hill Residential Project
granted to Robert J. Batal Builders, Inc., under
Petition No. 49-89, pursuant to Decision of North Andover
Board of Appeals dated August 15, 1989 (the "Variances")
Ladies and Gentlemen:
I am writing on behalf of Robert J. Batal Builders, Inc. (the
"Petitioner") to request an extension of the period of time during
which the above -referenced Variances may be exercised. As
authorized by M.G.L. c. 40A, § 10, the Petitioner respectfully
requests an extension of such time period for six additional
months.
While the Petitioner has been diligently pursuing its
planning for the Boston Hill project, further time is necessary to
resolve various planning matters relating to the Project,
including the provision of sewer infrastructure to the Project
site.
The Petitioner respectfully requests that the Board consider
this matter and grant the extension at its meeting scheduled for
June 12, 1990. Mr. Robert Dunn will be available at the meeting,
as the Petitioner's representative, to answer any questions which
the Board may have.
i
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• 0674585E rni0l.B°`# aste Onnection MANCHESTER—(603) 625-6110 HARTFORD—(203) 525-8666 NEW YORK—(212) 219.2003
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ALBANY—(518) 4342228 SYRACUSE—(315) 472-3524 WASHINGTON—(202) 293-9305
06x'01.,/gip
11004
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Thank you for your consideration.
WRO:laf
cc: Mr. Robert J. Batal
Mr. Robert Dunn
,M
sint-',feprel ,
William R. 0' ei r.
Attorney for Robe t J. Batal
Builders, Inc.
Ni
f
OF NORTH 9ti
O _ M
9QOA,rE° 0.,y 45
e �9SSACH USE11
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
August 29, 1989
Hale and Dorr
60 State Street
Boston, MA 02109
Attention: Ms. Michele A. Mulvaney
RE: Robert J. Batal Builders, Inc. - Decision
Dear Ms. Mulvaney:
Per our telephone conversation of this date, please find the copy
of the decision rendered by the Board of Appeals on the above-
mentioned subject.
If you have any questions regarding this decision, please call.
Very truly yours,
BOARD OF APPEALS
Audrey W. Taylor p
Secretary
Enc.
/awt
P.O. Box 7069 ® Fairfax Station, Virginia 22039-7069 ® (703) 691-2500 ® FAX (703) 591-6740
August 16, 1989
Town of North Andover
Board of Appeals
120 Main Street
North Andover, MA 01845
Dear Board Members:
Thank you for approving the variance requirements for the proposed building
of townhomes at Boston Hills. I realize the concerns you all had were real and
I assure you that Robert J. Batal Builders, Inc. will stand by its commitment to
a quality job.
There is still a long way to go in finalizing the sewer and other related
problems but we will continue to do our share in order to build this fine
community.
Thank you again for your understanding in this matter.
Sincerely,
ROBERT J. BATAL BUILDERS, INC.
pe - 1�14!! �a' 2 � 7&
Robert J. Batal
President
RJB/tt
cc: Karen H.P. Nelson
Planning & Community Development
CABLE HAFTS BSN
TELEX 94-0472
TELECOPIER
(617) 367-6133 (617) 742-9108
HALE AND DORR
COUNSELLORS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
60 STATE STREET
BOSTON, MASSACHUSETTS 02109
(617) 742-9100
August 2, 1989
Board of Appeals
Town of North Andover
North Andover Town Hall
120 Main Street
North Andover, Massachusetts 01845
WASHINGTON OFFICE
1455 PENNSYLVANIA AVE.,N.W.
WASHINGTON, D.C.20004
(2 02) 393-0800
CABLE HAFTS WSH
TELECOPIER(202) 393-4497
Re: Variance Application of Robert J. Batal Builders, Inc.
with respect to residential development at Boston Hill,
North Andover, Massachusetts, Application No. 4989
Ladies and Gentlemen:
At your public hearing on the above -referenced matter on
April 11, 1989, you requested that the Applicant review the Site
Plan which had been submitted to you, to determine whether any
changes to the Site Plan could be made which would minimize the
need for variances.
As a result, the Applicant has made some modifications to the
locations of certain of the buildings shown on the Site Plan, as
reflected on a plan entitled "Building Relocating Survey, Boston
Hill, North Andover, Mass." dated 5/27/89, prepared by BZI Land
Planning Landscape Architecture. Seven copies of that Building
Relocation Survey are enclosed. These changes ensure that the
buildings, and in particular the living space in buildings, are as
far apart as practical. As Mr. Batal will explain in more detail
at the continued public hearing on August 8, in light of the steep
slope and topography of the site, any further separation of
buildings is not feasible, and would result in undesirable removal
of trees.
Board of Appeals
Town of North Andover
August 2, 1989
Page 2
In addition, in conjunction with its discussions with the
Planning Board in order to obtain Site Plan Approval, the
Applicant has made a change to Building #1 shown on the Site Plan,
namely that the building has been turned around, so that the
garage entrances are now on the opposite side of the building from
the location shown on the original Site Plan. Seven copies of
plans entitled "Study - Boston Hill Building #1 - Uphill" dated
6/19/89 are enclosed, to show this change.
All of the variances requested in the original application
filed with you last March are still requested, namely variances
from:
1. Section 8.5(6)(c):
2. Section 8.5(6)(c):
3. Section 8.5(6)(c):
4. Section 8.1(7):
50 -foot distance between structures;
50 -foot buffer zones;
30 -foot height limit; and
25 -foot driveway width.
In light of the changes discussed in this letter. The plans to
which any variance decision refers should be as follows:
1. Plan entitled "Site Plan" dated 3/31/89, prepared by
H.W. Moore Associates, Inc. and submitted with the
original application, as modified by ...
2. Plan entitled "Building Relocation Survey, Boston Hill,
North Andover, Mass." dated 5/27/89, prepared by BZI
Land Planning Landscape Architecture, as modified by ...
3. Plan entitled "Study - Boston Hill Building #1 - Uphill"
dated 6/16/89.
I understand that you will view these matters at the public
hearing on this application which has been continued until
August 8, 1989.
Finally, I note that on May 4, 1989 I sent to you a proposed
draft of a decision, which I asked you to consider when acting on
the Application. Among other things, the draft decision includes
conditions which the Applicant has agreed to with the principal
abutter, The Trustees of Reservation. For your convenience, I am
enclosing another copy of that draft decision, which includes the
correct references to the plans listed above.
Board of Appeals
Town of North Andover
August 2, 1989
Page 3
Thank you for your attention to this matter.
Very �ruily yours,
William 0 Re's
Attorney for Ro e tBatal
Builders, Inc.
WRO:laf
Enclosures
cc: Mr. Robert J. Batal
Board of Appeals
Town of North Andover
August 2, 1989
Page 4
bcc: Ms. Michele A. Mulvaney
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
DECISION
Petition of: Robert J. Batal Builders, Inc.
4300 Chain Bridge Road
Fairfax, VA 22039
Premises: Boston Hill
SW side of Turnpike Street, Route 114
The Board of Appeals held public hearings on April 11, 1989,
May 9, 1989 and August 8, 1989 on the Application of Robert J.
Batal Builders, Inc. ("Applicant") requesting the variances from
the Zoning By -Law (the "By -Law") listed below in order to
construct a roadway and 22 principal structures containing 104
townhomes on the land known as Boston Hill, as shown on a plan
entitled "Site Plan, Boston Hill, North Andover, MA", prepared by
H.W. Moore Associates, Inc., dated March 31, 1989, as modified by
a plan entitled "Building Relocation Survey, Boston Hill, North
Andover, Mass." dated 5/27/89, prepared by BZI Land Planning
Landscape Architecture, as modified by a plan entitled "Study -
Boston Hill Building #1 - Uphill" dated 6/16/89 (collectively, the
"Plan"):
1. Section 8.5(6)(c): 50 -foot distance between structures;
2. Section 8.5(6)(c): 50 -foot buffer zone;
3. Section 8.5(6)(c): 30 -foot height limit;
4. Section 8.1(7): 50 -foot driveways.
The following members were present and voting:
The vote was
The hearing was advertised in the North Andover Citizen on
March 20, 1989 and all abutters were notified by regular mail.
The continuations of the hearing were announced at each of the
hearings.
The Board finds that Applicant has satisfied the relevant
provisions of the Zoning By -Law and finds that owing to
circumstances relating to soil conditions, shape and topography of
the land, especially affecting such land but not affecting
generally the VR Zoning District, a literal enforcement of the
By -Law would involve substantial hardship to the Applicant and
that desirable relief can be granted without substantial detriment
to the public good and without nullifying or substantially
derogating from the intent or purpose of the By -Law. As described
in more detail below, the variances are necessary because of the
steep topographical features, tree locations, and soil conditions
of the site; literal enforcement of the By -Law would result in
hardship to the Applicant by severely limiting the development of
the site for multi -family residential use, which is the use of the
site encouraged by recent amendments to the Zoning By -Law and
Master Plan for the Route 114 area.
Accordingly, the Board voted to grant the variances requested, as
follows:
1. Section 8.5(6)(c): Minimum distance between structures
The Board grants a variance from the 50 foot distance
requirement for all instances where the Plan does not
comply. The Board finds that Applicant's proposed
design provides maximum conservation of existing slopes
and preserves natural grades wherever possible, without
increasing permitted density. Separating the buildings
in order to cause them to be at least 50 feet apart
would result in unnecessary elimination of trees and
would cause a substantial hardship to Applicant. The
Board finds that because the Village Residential zoning
contemplates "cluster" development, the development of
the buildings in relative proximity to each other, but
with ample adjoining landscaping, is consistent with the
purposes of the By -Law.
2. Section 8.5(6)(c): Buffer zone of 50 feet
The Board grants a variance from the 50 foot buffer
requirement for all instances where the Plan does not
comply. The plan provides for maximum utilization of
lot size and open space and includes extensive
landscaping for the benefit of all residents. Any re-
design to eliminate any encroachment into the buffer
zone would result in additional removal of trees and
would increase the surface erosion.
-2-
3. Section 8.5(6)(c): Maximum height of 30 feet or
2.5 stories
The Board grants a variance from this provision of the
By -Law, in all instances where the Plan does not comply.
The Board finds that the height violation is a direct
function of the slope and topography of the site. The
increased height is necessary in order to minimize
overlot grading; any decrease in the height of the walls
would require substantial additional changes to adjacent
grades and slopes. The Board finds that Applicant's
efforts in the resulting building design are consistent
with the purposes of the By -Law.
4. Section 8.1(7): Minimum driveway width of 25 feet
The Board grants a variance from the 25 foot width
requirement for all instances where the Plan does not
comply. The Board finds that the 22 foot driveways
provide adequate access for anticipated traffic in a
"cluster" -development as contemplated by Village
Residential zoning and for any emergency vehicles, and
is therefore consistent with the purposes of the By -Law.
The foregoing variances shall be subject to the following
conditions, which are intended further to promote use of the site
in harmony with the intent and purpose of the By -Law:
1. Prior to construction, Applicant shall construct and
maintain a temporary snow fence along the line of limits
of clearing adjacent to property lines, provided that no
fence shall be installed in wetlands areas or wetlands
buffer zones. The line of limits of clearing is shown
as a broken solid line on the site plan (the "Plan").
2. Applicant shall construct a solid board fence at least 5
feet in height along the common property line with land
of The Trustees of Reservations ("TTOR"), provided that
up to two points of foot access between the site and the
land of TTOR may be provided. One point of access shall
be in the location of the parcel of land referred to in
Item 4 below, and shown on the Plan as "Path to Meander
with Natural Terrain"; the second point of access shall
be in such location as Applicant and TTOR may agree.
The fence, or portions thereof, shall be constructed
simultaneously with construction of portions of the
roadway parallel thereto.
-3-
3. The land lying between the broken solid line
establishing the limits of clearing shown on the site
plan and TTOR's common boundary shall be subjected to an
easement granted to TTOR for the benefit of its Ward
Reservation retaining such land predominantly in its
open, natural condition with no material removal of
trees, shrubs or other vegetation permitted (except for
removal of diseased or injured vegetation and
installation of any new landscaping shown on plans
submitted to the Board) and no use of any herbicides
permitted, such conveyance to occur at the time
Applicant acquires the premises, but no later than
issuance of a building permit (the acceptance and
recording of such easement by TTOR to be in full
satisfaction of this condition).
4. The 50 foot by 500 foot parcel of land connecting the
site to Chestnut Street shall be conveyed to TTOR in fee
simple subject only to a retained perpetual easement to
install, repair, maintain and replace subsurface sewer
lines, pumping stations and appurtenances beneath such
parcel and beneath former Chestnut Street, provided that
such right shall lapse if no such lines are initially
installed within 5 years of such conveyances; such
conveyance to occur at the time Applicant acquires the
premises, but no later than issuance of a building
permit (the acceptance and recording of such conveyance
by TTOR to be in full satisfaction of this condition).
5. The site shall be subject to a covenant granted to TTOR
for the benefit of the Ward Reservation, that the owners
of the site shall maintain, repair and replace the fence
described in #2 above; such conveyance to occur at the
time Applicant acquires the premises, but no later than
issuance of a building permit (the acceptance and
recording of such covenant by TTOR to be in full
satisfaction of this condition).
The Board notes that the construction of this residential
development is contemplated in phases and that Applicant will rely
on the granted variances for the entire development and
condominiumization of the site. Once the first phase of the
development is commenced, commitment to build infrastructure,
dedicate open space, and devote the entire site to the precise
development shown on the Plan will have been irreversibly made.
Therefore, the Board finds that the variances shall apply to,
-4-
remain in effect as to, and be deemed
respect to, all improvements shown on
independently, provided that at least
phase, or the entire site, is obtained
effective date of the Board's decision
appeal periods have lapsed without any
or after any appeals have been finally
Dated this day of August, 1989.
By:
to have been exercised with
the Plan and each phase
one building permit for any
within one year of the
(i.e., one year after all
appeal having been taken,
dismissed).
BOARD OF APPEALS
-5-
ft
s � 4 clip
�r
Ani appeal shall be filed
Withil (20) rlays. after the
date of f limn cf this Notice
in the Office of the Town
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
*
* Petition: 449-89
Robert J. Batal Bldrs., Inc. * DECISION
4300 Chain Bridge Road
* RECONSIDERATION
Fairfax, VA 22039
*
The Board of Appeals held public hearings on April 11, May 9, June 13, August 8
and a Special Meeting on August 14, 1989 for reconsideration, upon the application
of Robert J. Batal Builders, Inc. requesting variances from the Zoning Bylaw
listed below, in order to construct a roadway and 22 principal structures contain-
ing 104 townhomes on the land known as Boston Hill, as shown on a plan entitled
"Site Plan, Boston Hill, North Andover, MA ", prepared by H. W. Moore Associates,
Inc., dated March 31, 1989:
1. Section 8.5(6)(c): 50 -foot distance between structures;
2. Section 8.5(6)(c): 50 -foot buffer zone;
3. Section 8.5(6)(c): 30 -foot height limit;
4. Section 8.1(7): 25 -foot driveways
The following members were present and voting: William Sullivan, Acting Chairman,
Augustine Nickerson, Clerk, Anna O'Connor and Louis Rissin.
REcu_ IVEI
DANIEL L -"G
T QYi ►,•I r t'.,: fc K
NOR 11! ,UOVER
Auc 15 1141 W `B9
The hearing was advertised in the North Andover Citizen on March 23, 1989 and
March 30, 1989 and all abutters were notified by regular mail. The continuation
of the hearings was announced at each preceding hearing.
Upon a motion made by Ms. O'Connor and seconded by Mr. Rissin, the Board voted,
unanimously, to GRANT the variances as requested, subject to the following
conditions listed on Page 2 and Page 3 attached to this decision.
The Board finds that the Applicant has satisfied the relevant provisions of the
Zoning ByLaw and finds that owing to circumstances relating to soil conditions,
shape and topography of the land, especially affecting such land but not affecting
generally the VR Zoning District, a literal enforcement of the ByLaw would involve
substantial hardship to the Applicant and that desirable relief can be granted with-
out nullifying or substantially derogating from the intent or purpose of the ByLaw.
The variances are necessary because of the steep togographical features, tree
locations, and soil conditions of the site.
Dated this 15th day of , 1989
William Sullivan
Acting Chairman
/awt
u
3
• O :%'°°� to
] S• 1855
►. SgcHug�',''
�V,avrqq�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
Robert J. Batal Builders, Inc.
4300 Chain Bridge Road
Fairfax, VA 22039
RECEIVED
DANIEL LANG
TOWN CI._F,IK
NORTIi At,'00VER
AUG 15 11 41 AM '89
Date .... August .15 ; • 1989 .......
Petition No.. .. 49-89
April 11, May 9, June 13,
Date of Hearing August. 8, .and.August 14, 1989
Petition of Robert J. Batal ,Builders, . Inc,., .. .
.. ....... ........................
premises affected .. , Boston, Hill, , $W, side ,of. Turnpike. Street, , Route ,114... , ....... .
Referring to the above petition for a variation from the requirements of %M.$ect ion .8.5 (0).(c) ,
.50-foot..distance. between._ s:t-zuctures.,..Sec-time .$,5(6).(x)...59 -l=oot .bVff?T .7,Q4e,. Section
8.5(6)(c); 30 -food eh igh limit andeciton 8.1(7) 50 -foot driveways.
so as to permit ............. ....... I .........................
.:...........................
relief from the above bylaw requirements in order to construct townhouses
.at. Boston .Hill,. Route. 114.,. Turnpike .Street .........................................
After a public hearing given on the above date, the Board of Appeals voted to GRANT .....: the
variances., , ... and hereby authorize the Building Inspector to issue a
Permit to . , .. Rob.er.t •J. • Batal .Builders, . Inc.. ....................................... .
for the construction of the above work, based upon the following conditions:
SEE ATTACHED
Signed
William -Sullivan; Acting Chairman
....... August-ine -Nickerson; • Clerk
. ...Anna- O -'-Connor............... " " .
.....Louis' Rissin.....................
... .. ..... .................
Board of Appeals
n
Robert J. Batal Builders, Inca DECISION August 15, 1989
Page 2
1. Section 8.50)(c): Minimum distance between structures
The Board grant variance from the 50 foot distance requirement to 30 feet between
garages and ,5Uet between units for all instances where the Plan does not comply.
The Board finds that Applicant's proposed design provides maximum conservation of
existing slopes and preserves natural grades whereever possible, without increasing
permitted density. Separating the buildings in order to cause them to be 50 feet
apart would result in unnecessary elimination of trees and would cause a substantial
hardship to Applicant. The Board finds that because the Village Residential zoning
contemplates "cluster" development, the development of the buildings in relative
proximity to each other, but with ample adjoining landscaping, is consistant with the
purposes of the By -Law.
2. Section 8.50)(c): Buffer zone of 50 feet
The Board grants a variance from the 50 foot buffer requirement to 25 feet plus
added landscaping for all instances where the Plan does not comply. The plan provides
for maximum utilization of lot size and open space and includes extensive landscaping
for the benefit of all residents. Any redesign to eliminate any encroachment into the
buffer zone would result in additional removal of trees and would increase the surface
erosion.
3. Section 8.50)(c): Maximum height of 30 feet or 2.5 stories
The Board grants a variance from this provision of 30 feet to 40 feet, in all instances
where the Plan does not comply. The Board finds that the height violation is a direct
function of the slope and topography of the site. The increased height is necessary in
order to minimize overlot grading; any decrease in the height of the wallswoul� require
substantial additional changes to adjacent grades and slopes. The Board(ffins' that
Applicant's efforts in the resulting building design are consistent with the purposes
of the By -Law.
4. Section 8.1(7): Minimum driveway width of 25 feet
The Board grants a variance from the 25 foot width requirement to 22 foot, minimum,
for all instances where the Plan does not comply. The BoardA inds that the 22 foot
driveways provide adequate access for anticipated traffic��n a "cluster" develop-
ment as contemplated by Village Residential zoning and for any emergency vehicles,
and is therefore consistent with the purposes of the ByLaw.
The foregoing variances shall be subject to the following conditions, which are
intended further to promote use of the site in harmony with the intent and purpose
of the By -Law:
1. Prior to construction, Applicant shall construct and mainina a
temporary snow fence along the line of limits of clearing adjacent
to property lines, provided that no fence shall be installed in wet-
lands areas or wetlands buffer zones. The line of limits of clearing
is shown as a broken line on the site plan (the "Plan").
2. Applicant shall construct a solid board fence at least 5 feet in
height along the common property line with land of the Trustees of
Reservations ("TTOR"), provided that up to two points of foot access
between the site and the land of TTOR may be provided. One point of
access shall be in the location of the parcel of land referred to in
Item 4 below, and shown on the Plan as "Path to Meander with Natural
Terrain"; the second point of access shall be in such location as
e
Robert J. Batal Builders, Inc. DECISION
Page 3
Applicant and TTOR may agree. The fence, or portions thereof, shall be
constructed simultaneously with construction of portions of the road-
way parallel thereto.
3. The land lying between the broken line establishing the limits of
clearing shown on the site plan and TTOR's common boundary shall be
subjected to an easement granted to TTOR for the benefit of its Ward
Reservation retaining such land predominantly in its open, natural
condition with no material removal of trees, shrubs or other vegetation
permitted(except for removal of deseased or injured vegetation and in-
stallation of any new landscaping shown on plans submitted to the Board)
and no use of any herbicides permitted; such conveyance to occur at the
time Applicant acquires the premises, but no later than issuance of a
building permit (the acceptance and recording of such easement by TTOR
to be in full satisfaction of this condition).
4. The 50 foot; by 500 foot parcel of land connecting the site to
Chestnut Street shall be conveyed to TTOR in fee simple subject only
to a retained perpetual easement to install, repair, maintain and
replace subsurface sewer lines, pumping stations and appurtenances
beneath such parcel and beneath former Chestnut Street, provided that
such right shall lapse if no such lines are initially installed within
5 years of such conveyances; such conveyance to occur at the time Applicant
acquires the premises, but no later than issuance of a building permit
(the acceptance and recording of such conveyance by TTOR to be in full
satisfaction of this condition).
5. The site shall be subject to a covenant granted to TTOR for the
benefit of the Ward Reservation, that the owners of the site shall
maintain, repair or replace the fence described in X12 above; such
conveyance to occur at the time Applicant acquires the premises, but
no later than issuance of a building permit (the acceptance and re-
cording of such covenant by TTOR to be in full satisfaction of this
condition).
The Board notes that the construction of this residentaial development is contemplated
in phases and that Applicant will rely on the granted variances for the entire
development and condominiumization of the site. Once the first phase of the
development is commenced, commitment to built infrastructure, and delicate
open space, and devote the entire site to the precise development shown on the
Plan will have been irreversibly made. Therefore, the Board finds that the
variances shall apply to, remain in effect as to, and be deemed to have been
exercised with respect to, all improvements shown on the Plan and each phase
independently, provided that at least one building permit for any phase, or the
entire site, is obtained within one year of the effective date of the Board's
decision (i.e., one year after all appeal periods have lapsed without any appeal
having been taken, or after any appeals have been finally dismissed).
P.O. Box 7069 o Fairfax Station, Virginia 22039-7069 0 (703) 691-2500 0 FAX (703) 591-6740
August 9, 1989
William Sullivan, Acting Chairman
Board of Appeals
Town of North Andover
120 Main Street
North Andover, Massachusetts 01845
Reference: Robert J. Batal Builders' application #4989, Boston Hill
Ski Area residential development
Dear Mr. Sullivan:
Reference the hearing on Appeals case #4989 on August 8, 1989 at
which the Board voted to deny the variances requested, I hereby
request that the Board reconsider its decision.
The Petitioner wishes to address the Board further regarding the
variances requested.
Thank you for your assistance.
Sincerely yours, o
W '�
Rob�er`t J. Batal
RJB:mfd
•.A
CABLE HAFIS BSN
TELEX 94-0472
TELECOPIER
(617) 367-6133 (617) 742-9108
HALE AND DORR
COUNSELLORS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
60 STATE STREET
BOSTON, MASSACHUSETTS 02109
(617) 742-9100
May 4, 1989
Board of Appeals
Town of North Andover
North Andover Town Hall
120 Main Street
North Andover, Massachusetts 01845
WASHINGTON OFFICE
1455 PENNSYLVANIA AVE.,N.W.
WASHINGTON, D.C.20004
(202) 393-0800
CABLE HAFTS WSH
TELECOPIER (202) 393-4497
Re: Variance Application of Robert J. Batal Builders, Inc.;
continued hearing scheduled for May 9, 1989
Gentlemen:
At the initial public hearing on the above -referenced matter
on April 11, 1989, a representative of The Trustees of Reservation
submitted proposed conditions to be included in any variance
decision issued by the Board of Appeal. In addition, I discussed
with you, on behalf of the applicant, our request that any
decision of the Board contain language which indicated the
intention of the Board that the variances would not lapse as long
as one building permit for any phase of the development was
obtained within one year of the effective date of the Board's
decision.
If you are willing to include in your decision such
conditions and language regarding the life of the variances, I am
enclosing for your consideration proposed language for
incorporation into your decision, to accomplish all of the
foregoing. In rendering your final written decision, I would be
most appreciative if you would give consideration to the enclosed
proposed language, as it will assure the ability of the Applicant
to complete the development, and to honor his commitment to TTOR.
Thank you very much for your consideration.
4,!,/truly yours,
' E ire
Wiiam R. � 1 , Jr., Esquire
Attorney for Roe t J. Batal
Builders, Inc.
WRO:laf
Enclosure
cc: Mr. Robert J. Batal
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
DECISION
Petition of: Robert J. Batal Builders, Inc.
4300 Chain Bridge Road
Fairfax, VA 22039
Premises: Boston Hill'��
SW side of Turnpike Street, Route 114 v
The Board of Appeals held public hearings on April 11, 1989 and
May 9, 1989 on the Application of Robert J. Batal Builders, Inc.
("Applicant") requesting the variances from the Zoning By -Law (the
"By -Law") listed below in order to construct a roadway and
22 principal structures containing 104 townhomes on the land known
as Boston Hill, as shown on a plan entitled "Site Plan, Boston
Hill, North Andover, MA", prepared by H.W. Moore Associates, Inc.,
dated March 31, 1989 (the "Plan"):
1. Section 8.5(6)(c): foot distance between structures;36)*)j
d_LkI f-+, Air
2. Section 8.5(6)(c): ,5' -foot buffer zone;
3. Section 8.5(6)(c): X30 foot height limit;p�a--
4 . Section 8.1(7) : -foot dr",
The following members were present and voting:
The vote was
rl Y
Y
The hearin �wasJ advertised in the North Andover Citizen on
March 20989 and all abutters were notified by regular mail.
The continuation of the hearing from April 11, 1989 to May 9, 1989
was announced at the hearing on April 11, 1989.
The Board finds that Applicant has satisfied the relevant
provisions of the Zoning By -Law and finds that owing to
circumstances relating to soil conditions, shape and topography of
the land, especially affecting such land but not affecting
generally the VR Zoning District, a literal enforcement of the
By -Law would involve substantial hardship to the Applicant and
that desirable relief can be granted without substantial detriment
to the public good and without nullifying or substantially
derogating from the intent or purpose of the By -Law. As described
in more detail below, the variances are necessary because of the
steep topographical features, tree locations, and soil conditions
of the site; literal enforcement of the By -Law would result in
hardship to the Applicant by severely limiting the development of
the site for multi -family residential use, which is the use of the
site encouraged by recent amendments to the Zoning By -Law and 1988
Master Planning for the Route 114 area.
Accordingly, the Board voted to grant the variances requested, as
follows:
1. Section 8.5(6)(c): Minimum distance between structures
The Board grants a variance from the 50 foot distance
requirement for all instances where the Plan does not
comply. The Board finds that Applicant's proposed
design provides maximum conservation of existing slopes
and preserves natural grades wherever possible, without
increasing permitted density. Separating the buildings
in order to cause them to be at least 50 feet apart
would result in unnecessary elimination of trees and
would cause a substantial hardship to Applicant. The
Board finds that because the Village Residential zoning
contemplates "cluster" development, the development of
the buildings in relative proximity to each other, but
with ample adjoining landscaping, is consistent with the
purposes of the By -Law.
2. Section 8.5(6)(c): Buffer zone of 50 feet
The Board grants a variance from the 50 foot buffer
requirement for all instances where the Plan does not
comply. The plan provides for maximum utilization of
lot size and open space and includes extensive
landscaping for the benefit of all residents. Any re-
design to eliminate any encroachment into the buffer
zone would result in additional removal of trees and
would increase the surface erosion.
-2-
3. Section 8.5(6)(c): Maximum height of 30 feet or
2.5 stories
The Board grants a variance from this provision of the
By -Law, in all instances where the Plan does not comply.
The Board finds that the height violation is a direct
function of the slope and topography of the site. The
increased height is necessary in order to minimize
overlot grading; any decrease in the height of the walls
would require substantial additional changes to adjacent
grades and slopes. The Board finds that Applicant's
efforts in the resulting building design are consistent
with the purposes of the By -Law.
4. Section 8.1(7): Minimum driveway width of 25 feeta
The Board grants a variance from the 25 foot width
requirement for all instances where the Plan does not
comply. The Board finds that the 22 foot driveways
provide adequate access for anticipated traffic in a
"cluster" development as contemplated by Village
Residential zoning and for any emergency vehicles, and
is therefore consistent with the purposes of the By -Law.
The foregoing variances shall be subject to the following
conditions, which are intended further to promote use of the site
in harmony with the intent and purpose of the By -Law:
1. Prior to construction, Applicant shall construct and
maintain a temporary snow fence along the line of limits
of clearing adjacent to property lines, provided that no
fence shall be installed in wetlands areas or wetlands
buffe�,z-ones: T- he—l-i.ne of limits of clearing is shown
as a/broken solid line on the site plan (the "Plan").
2. Applican-t---s-hall construct a solid board fence at least 5
feet in height along the common property line with land
of The Trustees of Reservations ("TTOR"), provided that
up to two points of foot access between the site and the
land of TTOR may be provided. One point of access shall
be in the location of the parcel of land referred to in
Item 4 below, and shown on the Plan as "Path to Meander
with Natural Terrain"; the second point of access shall
be in such location as Applicant and TTOR may agree.
The fence, or portions thereof, shall be constructed
simultaneously with construction of portions of the
roadway parallel thereto.
-3-
3. The land lying between the broken solid line
establishing the limits of clearing shown on the site
plan and TTOR's common boundary shall be subjected to an
easement granted to TTOR for the benefit of its Ward
Reservation retaining such land predominantly in its
open, natural condition with no material removal of
trees, shrubs or other vegetation permitted (except for
removal of diseased or injured vegetation and
installation of any new landscaping shown on plans
submitted to the Board) and no use of any herbicides
permitted, such conveyance to occur at the time
Applicant acquires the premises, but no later than
issuance of a building permit (the acceptance and
recording of such easement by TTOR to be in full
satisfaction of this condition).
4. The 50 foot by 500 foot parcel of land connecting the
site to Chestnut Street shall be conveyed to TTOR in fee
simple subject only to a retained perpetual easement to
install, repair, maintain and replace subsurface sewer
lines, pumping stations and appurtenances beneath such
parcel and beneath former Chestnut Street, provided that
such right shall lapse if no such lines are initially
installed within 5 years of such conveyances; such
conveyance to occur at the time Applicant acquires the
premises, but no later than issuance of a building
permit (the acceptance and recording of such conveyance
by TTOR to be in full satisfaction of this condition).
5. The site shall be subject to a covenant granted to TTOR
for the benefit of the Ward Reservation, that the owners
of the site shall maintain, repair and replace the fence
described in #2 above; such conveyance to occur at the
time Applicant acquires the premises, but no later than
issuance of a building permit (the acceptance and
recording of such covenant by TTOR to be in full
satisfaction of this condition).
The Board notes that the construction of this residential
development is contemplated in phases and that Applicant will rely
on the granted variances for the entire development and
condominiumization of the site. Once the first phase of the
development is commenced, commitment to build infrastructure,
dedicatelopen space, and devote the entire site to the precise
development shown on the Plan will have been irreversibly made.
Therefore, the Board finds that the variances shall apply to,
remain in effect as to, and be deemed to have been exercised with
-4-
respect to, all improvements shown on the Plan and each phase
independently, provided that at least one building permit for any
phase, or the entire site, is obtained within one year of the
effective date of the Board's decision (i.e., one year after all
appeal periods have lapsed without any appeal having been taken,
or after any appeals have been finally dismissed).
Dated this day of May, 1989.
By:
BOARD OF APPEALS
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EASTERN CQOCBBOfd
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Orth Andover 1~iA
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ACCEPTANCE OF THE SHIPMENT OR CARRIAGE. No claim for
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from transportation charges. Claims for overcharges and refunds
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of 1.5% per month. ,,
CABLE HAFIS BSN
TELEX 94-0472
TELECOPIER
(617) 367-6133 (617) 742-9108
HALE AND DORR
COUNSELLORS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
60 STATE STREET
BOSTON, MASSACHUSETTS 02109
(617) 742-9100
June 2, 1989
Ms. Audrey Taylor
North Andover Board of Appeals
Town Hall
120 Main Street
North Andover, Massachusetts 01845
Re: Boston Hill/Residential Component
Application for Variance No. 4989
Dear Ms. Taylor:
WASHINGTON OFFICE
1455 PENNSYLVANIA AVE.,N.W.
WASHINGTON, D. C. 20004
(202) 393-0800
CABLE HAFIS WSH
TELECOPIER(202) 393-4497
By this letter Robert J. Batal Builders, Inc. agrees to a
further extension of the time period during which the North
Andover Board of Appeal may render a decision on the Application
for Variain the residential portion of the Boston Hill
site. U1 August 15,
Ver rulyours
t
William R. O'Rei y,
Attorney for Robert _.
Batal Builders, Inc.
WRO:laf
cc: Mr. Robert J. Batal
Mr. Robert Dunn
Ms. Michele A. Mulvaney
CABLE HAFIS BSN
TELEX 94-0472
TELECOPIER
(617) 367-6133 (617) 742-9106
HALE AND DORR
COUNSELLORS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
60 STATE STREET
BOSTON, MASSACHUSETTS 02109
(617) 742-9100
May 24, 1989
Ms. Audrey Taylor
North Andover Board of Appeals
Town Hall
120 Main Street
North Andover, MA 01845
Re: Boston Hill/Residential Component
Application No. 4989
Dear Ms. Taylor:
WASHINGTON OFFICE
1455 PENNSYLVANIA AVE.,N.W.
WASHINGTON, O.C.2O004
(202) 393-0800
CABLE HAFIS WSH
TELECOPIER(2O2) 393-4497
I understand that Robert Dunn, on behalf of Robert J. Batal
Builders Inc., recently agreed to an extension of the time period
during which the Board of Appeal may render a decision on the
Application for Variances regarding the residential portion of the
Boston Hill site. This letter shall confirm that our client,
Robert J. Batal Builders Inc., acknowledges and confirms the new
deadline of June 20, 1989.
Your continuing cooperation and assistance in this matter is
greatly appreciated.
Very r y you s,
William R. 0.'R 1
Attorney for Ro e
WRO:v
cc: Mr. Robert J. Batal
Mr. Robert W. Dunn
Ms. Michele A. Mulvaney
/J r.
�. Batal Inc.
0 0 t4i A 3 i A H
41
026 21IArl
5; 7 19 C." 73 j
1� a� CZ Val
y
May 17, 1989
f.S
Letter from Comm. of MA received on 5/17/89 re Boston Ski Tow, Robert Batal Bldrs.
Bob Nicetta received the copy and give one to ZBA and also called Bill Sullivan.
Per Bob, I was asked to call Bill, he said to get in touch with Mr. Dunn of the
Boston Ski Tow and inform him that the Board would like him to extend this petition,
withdraw without prejudice or possibly risk a denial of the petition.
Mr. Dunn could not be reached at the Ski Tow or at his home in Rye, N. H. Called
Attorney O'Reilly at Hale & Dorr, attoihy for Robert Batal Bldrs to tell him of
this development. He will contact Mr. Batal as well as Mr. Dunn.
Shortly after, Mr. Dunn called this office and I informed him of the situation and
he will talk personally to Mr. Sullivan and advise him that he will present a letter
to the Board requesting an extension of the decision on this petition.
� - �1- 1 C3 r
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9SSACHUSEc
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Ms. M. Mulv May 24, 1989
Hale and Dorr
60 State Street
Boston, MA 02109
RE: Boston Hill, Robert J. Batal, President, Petition #49-89
Dear Madelyn:
Per our telephone conversation of this date, I am enclosing a copy of the
extension letter written by Mr. Robert Dunn, representing Mr. Robert J.
Batal, regarding the above petition, #49-89.
A letter from you confirming this extension, for our file, would be very
much appreciated. Thank you.
Sincerely,
BOARD OF APPEALS
ALI
Audrey . Taylo
Secretary
Enc.
/awt
Re.c;eived by Town Clerk:
1
R Ire t�
T01 �i ER
TOWN OF NORTH ANDOVER, MASSACHUSEA!'F" PUS
BOARD OF APPEALS
,L: ff
APPLICATION FOR RELIEF FROM 'rH E REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Robert J. Batal Builders, Inc. 4300 Chain Ridge Road
Address Fairfax, Virginia 22039
1. Application i s hereby made: (703) 691-2500
a) For a variance from the requirements of Section * Paragraph
and Table of the Zoning By Laws.
b) For a Special Permit under Section Paragraph of the Zoning
By Laws. - __
C) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
/pproposed shown as Lot 2, Lot 3 ane
• a) Premises affected are land X sand building(s) X }NNNAMNIN)fli
"Area of Proposed R_0_W" on a_P_1_an entitles tc • Subdivision of Land of Hill
Hill Ski Area, Inc. in North Andover, MA, for Robert W. Dunn, President"**
b) Premises affected are property with frontage on the North
South ( X) Last ( )
( ) West ( X) side of Turnpike Street, Route 114
,i:et , and known as Boston Hill — -
C) Premises affected are in Zoning District VR
affected have an arca of 27.53 Ac -s and the premises
and f rontage of
502 —feet.
�r�xKs�-- ---
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Boston -Hill -Ski Area, Inc.., c/o Robert Dunn,President, P.O. Box 330, Rye, N.H. 03871
-
Date of Purchase 11/1/71 ------previous Owner `
b) If applicant is not owner, check his/her interest in the premises:
X -Prospective Purchaser Lesee, Other
(explain)
r
4a Size of proposed building: front feet deep;
Heights stories; —
__-feeetet
. See attached "Description of Proposed Buildings
a) Approximate date of erection:
b) Occupancy or use of cacti floor: Residential
C) Type of construction:
5. Size of existing building:_ N/A feet front; feet deep;
Height-- —stories; Lect.
a) Approximate date of erection:
b) Occupancy or use of eacl, floor:
C) Type of construction:
6. Has there been a previous appcaL, under zoning, on these premises?
yes If so, when? Title records indicate (11 Notice of Variance Providing
an
Conditional or Limited Varice or Special Permit dated 9/24/63, recorded with
Essex North Deeds in Book 996, Page 201 a.nd(21 Notice of Variance dated October 20,
1977, recorded with Essex North Deeds in Book 1323, Page 13. These are no longer relevant
--------------------------------------------------------------to_the �ro�osed development.
*1. Section 8.5(6)(c): 50 -foot distance between structures
,2. Section 8.5(6)(c): 50 -foot buffer zone
3. Section 8.5(6)(c): 30 -foot height limit
4. Sectin 8.1(7): 25 -foot driveways
Y
**dated 11/30/87 and recorded with Essex North Registry of Deeds on March 1, 1989 as Plan
No. 11432.
' ascription of relief sought on this petition 0.te variance from Section
ks .8.5(c)(6) re: 50 foot buffer zone; one variance from Sect h c
J : � ,� re: dis _ance
o. 50 feet between structures; one variance from Section 8,5( )(6) re: maximum height
of 30 feet; one variance from Section FIT77 re. 25—foot driveways .
1. Deed recorded in the Registry of Deeds in look `,1182 Page 306
Land Court Certificate No. ----Book page --
'he principal points upon which I base my application are as follows:
must be stated in detail)
see attached "Basis for Application."
agree to pay the filing fee, advertising in newspaper, and incidental
xpenses*
Ro J. atal Build in
1gnature o Petitio er s
very application for action hbM� theal, Vice Prefi�i.dent. '.
Y Board shall be made on a form approved
y- the Board. These forms shall be furnished by the Clerk upon request.
ny communication purporting to be an application shall be treated as mere
:)tice of' intention to seek relief until such time -as it is -made on the
fficiaL application form. All information called -for by the form shall
e furnished by the applicant in the manner
therein'.' --prescribed.
ver •"
y,a pplication shall be submitted with a List of "Parties In Interest".
nich list shall include the petitioner,.abutters, owners of land directly
pposite on any public or private street or way, and abutters to -the
cutters ,'within' three hundred feet (300') of the property line of the
13titioner as they appear_on the most recent applicable tax list,
ctwithstanding that the land of any such owner is located in another city. .'.
town, the Planning Board of the city or town,.and the Planning Board of
pry.abutting city or town.
eery application shall be submitted with an appl.ieation charge cost in
amount -of $25.00. In addition, the petitioner shall be' responsible
any and all costs involved in bringing the petition before the Board.*.'.'
,h. costs shall include mailing and publication, but are not necessarily,'.''::'
.mited to these.
eery application shall be submi.tted with aan of land ,
by the
)ard.- No petition will be brought before the Board unless approved Plan has s � •
:en submitted. Conies of the Board's requirements regarding plans are
:tacked hereto or are available from the Board of Appeals upon request.
Name
LIST OF PARTIES IN INTEREST
See Attached List
(use additional sheets if'necessary)
Address
I/
TOWN OF NORTH ANDOVER
Office of the Assessor
Certification of Abutters List
As contemplated by MGL Ch. 40A, Section 11, this is to
certify that at the time of the last assessment for taxation made
by the Town of North Andover, the names and addresses of the
parties in interest assessed as abutters, owners of land directly
opposite on any public or private street or way, and abutters to
the abutters within 300 feet of the property shown as Lot No. 149
on Plat No. 107A and Lot No. 10 on Plat No. 107C were as shown on
the list attached as of "Exhibit A", except as follows:
Town of North Andover
Office of the Assessor
(Signed)
see p. 2
D
(Date)
—N,,
*LOCUS PARCELS
Plat No. Lot No.
*107A 149
*107C 10
107C
107C
107C
107C
107A
107A
107A
107B
107C
107A
107A
EXHIBIT A
LIST OF ABUTTERS
BOSTON HILL, TURNPIKE STREET
NORTH ANDOVER, MASSACHUSETTS
DIRECT ABUTTERS
Property.
Address
Turnpike Street
(Rte. 114)
13 Chestnut Street
15 (Weedenmiller Piece,
32 Boston Hill Pasture,
thru 40 Chas. W. Ward)
Assessed Owner
and Address
Boston Hill Ski
Area, Inc.
c/o Robert W. Dunn
18 Seery Street
Malden, MA 02148
The Trustees of
Reservation
572 Essex Street
Beverly, MA 01915
68 Farnham Land (under c/o Benjamin Farnham
31 Farm Animal Act 426 Farnum Street
6 Ch. 61A) North Andover, MA 01845
40, 41, 42
7
11 (M.I.T. Radio Tower)
43 Johnson Street
at Turnpike Street
148 . Turnpike Street
John C. Farnham
426 Farnum St
North Andover, MA
Bernice A. Fink
P.O. Box 363
North Andover, MA
Boston Hill Ski
Area, Inc.
c/o Robert W. Dunn
18 Seery Street
Malden, MA 02148
01845
01845
107A 34 Turnpike Street
at Johnson Street
107A 33 1208 Turnpike Street
107C 12 Turnpike Street
107C 105 Turnpike Street
John C. Farnham
426 Farnum Street
North Andover, MA 01845
Milton C. & Eileen Allen
1208 Turnpike St
North Andover, MA 01845
B&C Realty Trust
G.J. Balsamo
C.J. Carrell
1175 Turnpike Street
North Andover, MA 01845
Raffaela Balsamo
1175 Turnpike Street
North Andover, MA 01845
ABUTTERS -TO -ABUTTERS WITHIN
300 FEET
Prer y
P1 No. Lot No. Add ss
1 51 P/84hnson St
-2-
Assess d 0 ner
and Add eigs
L
/Del'
T. Yvonne
n on St
do er, MA 01845
"ORYN
OFFICES OF: Town of
BUILDING NORTH ANDOVER
CONSERVATION
HEALTH .....
.
DIVISION OF
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMO.
TO: Zoning Board of Appeals
FROM: Christian C. Huntress, Er Jaental Planner,
i,
.............. ,
DATE: 5/17/89
RE: Boston Hill, PRD Development
120 Main Street
North Andover,
Massachusetts 01845
(508) 682-6483
This is to inform you that on May 111 1989, Mr. Robert Batal came
before the Planning Board to discuss the above referenced
project. Mr. Batal explained to the Board that he was asking for -
relief from four zoning regulations, they are as follows:
(1) 501 setback between structures,
(2) 501 no build buffer from the property line.
(3) Maximum building height of 351
(4) Minimum Driveway width of 251
Staff has met repeatedly with the developers of this project and
would stand in favor of the above mentioned variances as they
specifically relate to this site.
OFFICES OF:
BUILDING
CONSERVATION
HEALTH
PLANNING
Town of 120 Main Street
North Andover,
NORTH ANDOVER Massachusetts 01845
�, SANUS Sr DIVISION OF (508) 682-6483
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
TO : No. Andover Zoning Board of Appeals
FROM : No. Andover Conservation Commission
DATE : May 17, 1989
RE : Boston Hills
It has come to the attention of the Conservation Commission that certain
variances are being sought by the proponents of the Boston Hills project
and that our Commission's position on these variances is requested.
Since the variances in question have no bearing on the project's impacts on
wetland resource areas, the Conservation Commission has no position on such
variances. We are proceeding with our review of the project and its wetlands
impacts at this time.
NORTH q
1f f.ED �6. NO
OL
Q M �
SSACHuse
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
MF.M(1R A NT1um
TO: Chris Huntress, Planning Office
FROM: William Sullivan, Acting Chairman A
RE: Boston Hill, Robert J. Batal Bldrs — Condo complex
DATE: May 10, 1989
The Board of Appeals requests your presence at a Special Meeting on Wednesday
evening, May 17, 1989 at 7:00 p.m. in the Town Building.
The Board would like your imput on this project before they make a decision,
and would appreciate any help you can give them.
/awt
STATEMENT OF
THE TRUSTEES OF RESERVATIONS
TO THE NORTH ANDOVER
BOARD OF APPEALS AND
PLANNING BOARD
April 11, 1989
The Trustees of Reservations is concerned about the nature and
extent of development around its Reservations, including the Ward
Reservation. Its Reservations provide valuable open space and
natural area opportunities for the public's enjoyment. As
Massachusetts urbanizes, these natural and scenic qualities become
ever more important resources. The fact that Reservations will be
preserved in perpetuity enhances at least to some extent the value
of surrounding land. Because TTOR is an attractive "amenity" to
development around its borders, it believes it has special standing
to comment on development proposals that inevitably will affect its
Reservations.
TTOR has had several meetings with the developer, Batal
Builders Incorporated and has found Batal to be forthcoming about
its plans. Batal has agreed to certain measures which address
concerns TTOR has about its Ward Reservation which abuts the
proposed development. However, to assure that agreed upon actions
are carried out regardless of who owns this property in the future,
we ask that the following conditions, which have been agreed to
between us and Batal be made conditions of any variances granted by
the Board of Appeals and of any special permit granted by the
Planning Board.
The conditions which we ask to be made a part of any approval
are attached.
1. Prior to construction, Applicant shall construct and
maintain a temporary snow fence along the line of limits of clearing
adjacent to property lines, provided that no fence shall be
installed in wetlands areas or wetlands buffer zones. The line of
limits of clearing is shown as a broken solid line on the site plan.
2. Applicant shall construct a solid board fence at least 5
feet in height along the common property line with land of The
Trustees of Reservations ("TTOR"), provided that up to two points of
foot access between the site and the land of TTOR may be provided.
One point of access shall be in the location of the parcel of land
referred to in Item 4 below, and shown on the site plan as "Path to
Meander with Natural Terrain"; the second point of access shall be
in such location as Applicant and TTOR may agree. The fence, or
portions thereof, shall be constructed simultaneously with
construction of portions of the roadway parallel thereto.
3. The land lying between the broken solid line establishing
the limits of clearing shown on the site plan and TTOR's common
boundary shall be subjected to an easement granted to TTOR for the
benefit of its Ward Reservation retaining such land predominantly
in its open, natural condition with no material removal of trees,
shrubs or other vegetation permitted (except for removal of diseased
or injured vegetation and installation of any new landscaping shown
on plans submitted to the Board) and no use of any herbicides
permitted, such conveyance to occur at the time Applicant acquires
the premises, but no later than issuance of a building permit (the
acceptance and recording of such easement by TTOR to be in full
satisfaction of this condition).
4. The 50 foot by 500 foot parcel of land connecting the site
to Chestnut Street shall be conveyed to TTOR in fee simple subject
only to a retained perpetual easement to install, repair, maintain
and replace subsurface sewer lines, pumping stations and
appurtenances beneath such parcel and beneath former Chestnut
Street, provided that such right shall lapse if no such lines are
initially installed within 5 years of such conveyances; such
conveyance to occur at the time Applicant acquires the premises, but
no later than issuance of a building permit (the acceptance and
recording of such conveyance by TTOR to be in full satisfaction of
this condition).
5. The site shall be subject to a covenant granted to TTOR
for the benefit of the Ward Reservation, that the owners of the site
shall maintain, repair and replace the fence described in #2 above;
such conveyance to occur at the time Applicant acquires the
premises, but no later than issuance of a building permit (the
acceptance and recording of such covenant by TTOR to be in full
satisfaction of this condition).
.HT3
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THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
0
V
I:
MICHAEL S. DUKAKIS
GOVERNOR
JOHN DEVILLARS April 10, 1989
SECRETARY
CERTIFICATE OF THE SECRETARY OF ENVIRONMENTAL AFFAIRS
ON THE
ENVIRONMENTAL NOTIFICATION FORM
PROJECT NAME : Boston Hill
PROJECT LOCATION : North Andover
EOEA NUMBER : 7628
PROJECT PROPONENT : Robert J. Batal Bldrs., Inc.
DATE NOTICED IN MONITOR : March 9, 1989
Pursuant to the Massachusetts Environmental Policy Act
(G.L.,c.30,s.61-62H) and'Sections 11.04 and 11.06 of the MEPA
regulations (301 CMR 11.00), I hereby determine that the above
project requires the preparation of an Environmental Impact
Report.
The proposed project has two principal components,
including: 104 condominium units and a 25,000 square foot retail
development. The site is the former Boston Hill ski area; it is
33.35 acres with two proposed access driveways onto Route 114.
The project is considered to be categorically included for
the preparation of an Environmental Impact Report (EIR). The
MEPA threshold for traffic volume has been exceeded, 301 CMR
11.25 (19). The proponent had requested a waiver of the housing
portion of the project. However, since the impacts associated
with that aspect of the project do not appear to be
insignificant, and there is subject matter jurisdiction over the
issues of concern,*this project is not considered to be a
candidate for a Phase 1 waiver.
The EIR should generally follow the outline in 301 CMR 11.07
and it must include a copy of the scope.
0
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BUILDING DEPARTMENT
EOEA # 7628 ENF Certificate April 10, 1985
SCOPE
Traffic
The traffic study area should generally follow the Route 114
corridor from Middleton to its intersection with Route I-495.
The following intersections should be evaluated, in addition to
the intersections that were analyzed in the traffic study
submitted with the ENF:
o Mill Road/ Chestnut Street
o Chestnut Street/ Route 114
o Route 114/Brook Street/Boston Street
o Berry Street/Route 114
o Essex Street/Route 114 (Middleton)
The traffic analysis should be prepared in accordance with
the "EIR/EIS" Guidelines for Submission, Traffic Analysis Section
which were published in the Monitor, October 28, 1988.
Site Access
The proposal includes two driveways to the site from Route
114. Based on discussions at the scoping session, the
Massachusetts Department of Public Works has serious reservations
about the access plan. Therefore, alternative driveway schemes
must be evaluated and compared, in terms of traffic impacts and
safety. Include an analysis of a single driveway plan from Route
114 and an evaluation of an alternative access from Chestnut
Street for the housing development.
Sewerage
The Town of North Andover is requiring.that the site be tied
into the municipal sewerage system, and a feasibility study is
being prepared to evaluate the situation. Using that study, the
EIR should explain the capacity of the sewer system that will be
servicing this site and others, including the proposed nursing
home on Route 114. Has the sewerage system been sized for future
extension to the Middleton town line? It should be demonstrated
that there is adequate capacity in the wastewater treatment plant
to accept the expected flows from the expanded sewer system.
2
EOEA #r,-74628 ENF Certificate April 10, 1985
The EIR should also estimate the schedule for construction in
relation to the project build out, evaluate the impacts on Route
114, and recommend mitigation for impacts on the state highway.
Water Supply
The EIR must estimate the average and peak water demand from
the project. It must be shown that there is a sufficient water
supply available to service this project, as well as other
projects which will be expected to tie -into the proposed sewer
system. The EIR should explain any deficiencies, and the report
must identify opportunities to minimize water demands associated
with this project.
Wetlands and Drainage
The wetlands boundaries and the associated buffer zones
should be delineated clearly, on a plan at a reasonable scale.
The text should explain whether the local Conservation Commission
has accepted the boundaries, and any disputed areas should be
identified. A discussion, complementing the plan, should
identify and describe the wetlands resource characteristics
within the areas shown. The interests of the Act which are
represented must be explained.
The text in the EIR should evaluate and quantify the direct
and indirect project impacts on the wetlands resources
identified and the buffer zones. This analysis must take into
consideration the potential for water quality impacts, during
construction and after occupancy of the residential units.
The EIR must demonstrate that the performance standards in the
wetlands regulations have been satisfied. Where impacts are
inevitable, the EIR must develop sufficient mitigation to protect
the resources.
The watershed and drainage patterns in the areas should be
mapped and explained. The potential for water quality and
quantity impacts from site runoff and wastewater discharges on
the wetland resources, including storm damage prevention,
vegetation, fisheries and wildlife habitat, and groundwater
quality should be evaluated. The potential for wetlands impacts
relating to the construction and long term siting of detention
basins adjacent to or within the wetlands may also require study.
The EIR should analyze pre -development and post-developmerit
runoff conditions, during the 10, 25, and 100 year storm events,
3
ci —,
EOEA #'7628
ENF Certificate
April 10, 1985
to assess the water quality and quantity impacts relating to the
project. Opportunities to minimize changes in the hydraulic
conditions and runoff contamination must be explored. The extent
to which these mitigation measures will restore the site runoff
to pre -development conditions should be analyzed and discussed
objectively, and the proponent's commitment to implementing, and
maintaining the drainage improvements should be shown.
Distribution
In addition to the required EIR distribution, copies of the
report should be submitted to the agencies and boards in the Town
of North Andover for which local permits and approvals will be
needed.
April 10, 1989
DATE
Comments received:
JOHN DeVILLARS, SECRETARY
3/20/89 Town of North Andover, Planning and Community Dev.
3/27/89 EOTC
JD/NB/nb
4
DESCRIPTION OF PROPOSED BUILDINGS
The Development consists of 104 townhome units in 22
principal structures on approximately 27 acres of land located on
the southwesterly side of Turnpike Street, Route 114, North
Andover. The wood frame structures will be constructed of brick
and masonite, with roofing of asphalt shingle. Heights and sizes
of the buildings will range as follows:
HEIGHT SQ. FT.
PER UNIT
Downhill end units 29 feet 2,821
(i.e. end units in Buildings
1, 2, 3, 4, 5, 9, 10, 11,
12, 13, 16, 18, 19, 20)
Downhill interior units 28 feet 2,786
(i.e. interior units in Buildings
1, 2, 3, 4, 5, 9, 10, 11,
12, 13, 16, 18, 19, 20)
Uphill end units 38 feet 2,821
(i.e. end units in Buildings
6, 7, 8, 14, 15, 17, 21, 22)
Uphill interior units 40 feet 2,604
(i.e. interior units in Buildings
6, 7, 8, 14, 15, 17, 21, 22)
Construction is likely to be completed in phases. It is
currently anticipated that the first phase would consist of
Buildings 1 through 10; the second phase would include Buildings
11 through 15; the third phase would include the remaining
Buildings 16 through 22. It is anticipated that construction of
the first phase will begin within twelve months of the granting of
variances and other zoning approvals by the appropriate Boards in
the Town of North Andover. However, the phasing, and timing of
construction, may be affected by marketing factors and other
considerations.
-2-
NORTH q
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Michele A. Mulvaney
Real Estate Paralegal
Hale and Dorr, Counsellors at Law
60 State Street
Boston, MA 02109
RE: Copies of decisions
Dear Attorney Mulvaney:
Per -our telephone conversation of last week, I am enclosing copies of
decisions our Board has made in the past.
One of the decisions covers the granting of a family suite, one is for
the granting of a variance and one for denying a variance. If you need
any further information, please call me at (508) 682-6483, extension 28.
Sincerely,
BOARD OF APPEALS
Audrey W Taylor
Secretary
Enc.
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CABLE HAFTS BSN
TELEX 94-0472
TELECOPIER
(617) 367-6133 (617) 742-9108
April 4, 1989
HALE AND DORR
COUNSELLORS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
60 STATE STREET
BOSTON, MASSACHUSETTS 02109
(617) 742-9100
Ms. Audrey Taylor
North Andover Board of Appeals
120 Main Street
North Andover, MA 01845
Re: Boston Hill
Dear Ms. Taylor:
WASHINGTON OFFICE
14SS PENNSYLVANIA AVE.,N.W.
WASHINGTON, D.C.20004
(202) 393-0800
CABLE HAFIS WSH
TELECOPIER(202) 393-4497
I recently delivered to your office an Application for Variances
in connection with the residential portion of the Boston Hill
project. In an effort to complete our files, I would appreciate a
certification from you regarding compliance with all published,
posted and mailed notice requirements for the April 11, 1989
public hearing. The certificate merely confirms the publication,
mailing and posting dates and attaches copies of the notice and
list of abutters.
Kindly review the enclosed certificate and exhibits, complete and
sign the document. In addition, please correct any information
which may not accurately reflect your file. I have enclosed a
self-addressed, stamped envelope and would ask that you return the
completed certification to my attention at your earliest
convenience. If you have any comments or questions regarding any
of the enclosed, please do not hesitate to give me a call at
(617) 742-9100, ext. 5253.
Many thanks for your continuing cooperation and assistance.
Sincerely,
Michele A. Mulvaney
Real Estate Paralegal
MAM:sf
Enclosure
cc: William R. O'Reilly, Jr., Esquire
Is
Certificate
I hereby certify that on March c-24 , 1989,
I mailed or caused
to be mailed, postage prepaid, the notice attached hereto as
Exhibit A to each of the parties on attached Exhibit B list of
abutters at the addresses shown on said Exhibit B.
Further, notice was published in the North Andover Citizen, a
newspaper of general circulation in the Town, on March 20, 1989.
In addition, no later than March -24 , 1989, I posted in a
conspicuous place in the Town Hall, a notice in the form attached.
hereto as Exhibit A.
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
By- '&
Audrey Tfylor
Dated: /'`1 1989
f\�
EXHIBIT A
LEGAL NOTICE
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
MARCH 20. 1989
Noliee. iss herehy given that the Board of Appeafs will
give a hea,ing at the To,. -..r, Budding, Porth Andover,
on Tu--sdiy c-ofning Iho 1 Ilh clay of April 1989, at
7-30 o rlor:k, it) ill prink+;. irileresled in the appeal of
Robert J. Batal Builde►s, he, requesting a variation.
of Sec. 8, Par 8, S(E) (c) a Sec. 8. Para 8.1(7) of
the Zoning By Law so as to perms relief from 50'
bullet zo��, di,lance of SO' between structures,
max;rmrl height and 25' driveways on the premises,
located at west side of Turnpike St. Routs 114 and
known as Socton Hill.
By Order of the
Board of Appeals
Frank Serio, Jr., Chairman
EXHIBIT B
LIST OF ABUTTERS
BOSTON HILL, TURNPIKE STREET
NORTH ANDOVER, MASSACHUSETTS
*LOCUS PARCELS
Plat No. Lot No.
*107A 1149
*107C, 10
107C 13
107C 15
107C 32
thru 40
DIRECT ABUTTERS
Property
Address
Turnpike Street
(Rte. 114)
Chestnut Street
(Weedenmiller Piece,
Boston Hill Pasture,
Chas. W. Ward)
Assessed Owner
and Address
Boston Hill Ski
Area, Inc.
c/o Robert W. Dunn
18 Seery Street
Malden, MA 02148
The Trustees of
Reservation
572 Essex Street
Beverly, MA 01915
107C 68 Farnham Land (under c/o Benjamin Farnham
107A 31 Farm Animal Act 426 Farnum Street
107A 6 Ch. 61A) North Andover, MA 01845
107A 40, 41, 42
107B 7
107C 11
107A 43
107A 148
(M.I.T. Radio Tower)
Johnson Street
at Turnpike Street
Turnpike Street
John C. Farnham
426 Farnum St
North Andover, MA
Bernice A. Fink
P.O. Box 363
North Andover, MA
Boston Hill Ski
Area, Inc.
c/o Robert W. Dunn
18 Seery Street
Malden, MA 02148
01845
01845
107A 34
Turnpike Street
at Johnson Street
John C. Farnham
426 Farnum Street
North Andover, MA 01845
107A 33
1208 Turnpike Street
Milton C. Allen
1208 TurnpikeSt
North Andover, MA 01845
107C 12
Turnpike Street
B&C Realty Trust
G.J. Balsamo
C.J. Carrell
1175 Turnpike Street
North Andover, MA 01845
107C 105
Turnpike Street
Raffaela Balsamo
1175 Turnpike Street
North Andover, MA 01845
M1'e O
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
March 21, 1989
Joseph D'Angelo, P.E.
MA Dept. of Public Works
485 Maple St.
Hawthorne, MA 01937
RE: Boston Hill Ski, Inc.
Route 114, Turnpike St.
North Andover, MA 01845
Dear Mr. D'Angelo:
Enclosed please find plot plans and petitions regarding Boston Hill Ski, Inc.
requesting variances from our Board.
The petitions concern the construction of a condo complex and a shopping mall
on the above location.
If you have any further questions regarding this project, please call this
office or Mr. Robert Nicetta, Building Inspector.
Yours truly,
BOARD OF APPEALS
a., C�
Audrey Taylor
Secretary
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,SSACMUSS4
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Dear Applicant:
91
14
Date:
/7 l�
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit $ of S U for the following:
Filing Fee
Postage
$ a -,377)
Your check must.be made payable to the Town of North Andover and
may be sent to my attention at the Town Office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
a"tkl l��
(,<) �
Audrey W. Taylor, Clerk
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aP4r�b'tl +i
1SSACNU��4�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Date:
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit $ 5 SCS for the following: \D
Filing Fee $ \\ � �
Postage $ e) `
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town Office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
Audrey W. Taylor, Clerk