HomeMy WebLinkAboutMiscellaneous - 1275 TURNPIKE STREET 4/30/2018 (2)c7)'Q�-
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LEGAL NOTICE
TOWN OF NORTH VER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
March 20, 7989
Notice is hereby given that the Board of Appeals will
give a hearing .+.wn Building, North Andover,
on Tuesday e'I' iing the 11th day of April 1989, at
7:30 o'clock trfall parties interested in the appeal of
Boston Hill Ski Area, Inc., Robert Dunn, President
requesting a variation of Sec. 7, Para 7.2 & of the
Zoning ByLaw so as to permit Sec. 8, Para 8.1 (a)
and Table2 development of land „situated on
Turnpike St. and containing approxima�y D.6 acres
to create an approximately 2,000 Sq. tot.
commercial business development, on the premises,
located at Lot 1 on a Plan entitled 'sub -division of
Boston Ski Hill Area, Inc,. dated 11l3fi—.>�`
[By'order of the Board of Appeals 4
Franln Serio, Jr.. Chairman J
LEGAL NOTICE
TOWN OfNORTHANDOVER r A,
MASSAC+IUSETTS
BOARD OF APPEALS
NOTICE
March 20, 1989
tJc!icn hereby giver} that the Board o1 Appeals will
givo a hearing at (fie Town Building, North Andover,
on Ibesday evening the 111h day o1 April 1989, at
7:30 c'c:bck. to all parties interested in the appeal of
Boston Hitt Ski Area, Inc., Robert Dunn, President
rega?sting a variation of Sec. 7, Para 7.2 8 of. the
Zoning Bylaw so as to permit Sec. 8, Para 8)(a)
and iai;'e 2 development of land situated on
Turnpike St and containing approximately 5.6 acres
to create an approximately 25,000 Sq.,tol.
commercial business development, on the premises,
located at Lot 1 on a Plan entitled 'sub -division of
Boston Ski Hill Area, Inc,. dated 11/30/88.1 s
(By order of the Board of Appeals
Frank Serio, Jr.. Chairman
t -e M=a!w i
•' I885 J.
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., ............ the lith. day of .. April ..
L 1989 , at7.: 30o'clock, to all parties interested in the appeal of
Boston.Hill .Ski. Area.,..Inc.,.Robert.Dunn.,. President....
requesting a variation of Sec.. 7,. Para .7.2. &... of the Zoning
.Sec. 8, Para 8.1(a) and Table 2
By Law so as to permit ...........................
development. of .land situated..o.n .Turnpike .St .and. containing
approximately 5.6 acres to create an approximately 25,000 Sq.
fot. commercial bus1nes6'deveT6pment
............................................
on the premises, located at. Lot..1 . on. a. Plan . entitl.ed .'.'sub-
division of Boston Hill Ski Area, Inc. dated 11/30/88.
................................ .....
By Order of the Board of Appeals
Frk Seri Jr Chairm n
Publish in N. A. Citizen on March 23 & March 30, 1989
Bill to:
Robert Dunn, President
P. 0. Box 830, Rye, N. H. 03871
I/
ri
Any appeal shall be filed
within (20) days after the
date of 1i,of of this Notice
in the Office of tl�_e. Town.
Clerk.
Boston Hill Ski Area, Inc*
Robert Dunn, President
Route 114, Turnpike St.
N. Amdover, MA 01845
- REi:FiY0
Mal lb 0 14° K11 vo
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition: #48-89
DECISION
The Board of Appeals held a public hearing on April 11, 1989 and May 9, 1989 upon
the application of Boston Hill Ski Area, Inc., Robert Dunn, President requesting
a variance from the requirements of Section 7, Paragraph 7.2 and Section 8, Para-
graph 8.1(a) and Table 2 of the Zoning Bylaws so as to permit development of land
situated on Turnpike Street and containing approximately 5.6 acres to create an
approximately 25,000 sq. ft. commercial business development on the premises Route
114, Turnpike Street. The following members were present and voting: William Sullivan,
Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis
Rissin.
The hearing was advertised in the North Andover Citizen on March 23, 1989 and on
March 30, 1989 and all abutters were notified by regular mail.
Upon a motion made by Ms. O'Connor and seconded by Mr. Soule, the Board voted, unanimously,
to seperate the variance requests into two different items; The first one (A) would cover
the Section 7, Paragraph 7.2 variance requests for front and side setbacks, and (B) would
cover Section 8, Paragraph 8.1(a) pertaining to parking.
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, unanimously
to GRANT the variances as requested subject to the condition that the request for the 88'
setback be made 96', the same as the other 96' variance requested and that the Building
Permit will not be issued until the Board has approved the new plans, for Item A
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, unanimously,
to allow the petitioner to WITHDRAW WITHOUT PREJUDICE the request for Item B.
The Board finds that granting these variances will not adversely affect the neighborhood
nor derogate from the intent and purposes of the Zoning Bylaw.
Dated this 15th day of May, 1989.
/awt
BOARD 01 APPEALS
William Sullivan
Acting Chairman
r~
i F�DANIT 1-
`AMILiT� ib ♦ �Ui%tE f�. !f i.�F\
4 ••
NOR'i PYER
Boston Hill Ski Area, Inc.
Robert Dunn, President
Route 114, Turnpike St.
N. Andover, MA 01845
MAY i 6 8 49 AM `09
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date ...May 12,..1989............
Petition No... 48-89 ..............
Date of Hearing. ..May. 9.,..1989
Petition of ...Rgbezt. Dunn,, Boston, Hill, Ski.. Area, Inc.
Premises affected ... l,ot.1. on .a .i'ian, entitled. ".sgbdiyision.of. Bos,ton.Hill. Ski. Area,
Inc. dated 11/30/88
Referring to the above petition for a variation from the requirements of the .................
Section 7, Paragraph 7.2 and Section 8, Paragraph 8.1(a) and Table 2 of the
Zoning' Bylaw:........................................................................
so as to permit development. of. .land . situated. on..T.urnpike..S.t, and. containing .......
approximately 5.6 acres to create an approximately 25,000 sq. ft. commercial
business. development..................................................................
After a public hearing given on the above date, the Board of Appeals voted to GRANT ...... the
variances as requested and allowt Petitioner to WITHDRAW WITHOUT PREJUDICE the
.................................... 4hat6gxvA varix&AexEd`1dirg peotogxtMismx&variance
and hereby authorize the Building Inspector to issue a for parking
permit to ....Boston. Hill.Ski. Area,.Inc.................................................
for the construction of the above work, based upon the following conditions:
that the request for the 88' setback to made 96', the same as the other 96'
variance and that the Building Permit will not be issued until the Board has
approved the new plans.
Signed 1
Out ' ce 1.
..i.
William Sullivan, Acting Chairman
Augustine.Nickerson, Clerk
Walter. Soule
......Anna. 0.'.Connpr................
... Louis. ..Rissin.................
Board of Appeals
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H AFMIL1TM
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 LONG
TOWN U; ,,IK
NORT!i A1400VER
AuG 15 11 41 AM '89
Date .... August .15 ; • 1989 .......
Petition No.. 49-8. .. .
April 11, May 9, June 13,
Date of Hearing 4ugust. 8..and.August 14, 1989
Petition of ...... Robert .J.. Batal .Builders,.. Inc...... _ ....... .. .
Premises affected .. , Boston. Hill„ ,SW. side ,of, Turnpike, Street,. Route .114
..............
Referring to the above petition for a variation from the requirements of .Section .8 , 5 (6) .(c) ,
.50 -foot, .distance. between. s.tTuctures.;..Section .8.5(6).(c),, .SQ -foot .buffex..zoue,. 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.un .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.. Bat al .Build.ers, . Inc.. ....................................... .
for the construction of the above work, based upon the following conditions:
SEE ATTACHED
Signed
4ivan. ct ng Chairman
Augustine f Nickerson; - Clerk . . .
.......Anna. 0' -Connor- - i .................
..... Louis- Rissin. . ....... . ......
.................................
Board of Appeals
a
Any appeal shall be filed
Within (20) dans after the
date of iiiinia cf this Notice
in the Office of the Town
Clerk, :_.:-'—.�–...
NORTH
OF4,�au ,,SHO
�IsSACH U5Et
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
*
RECt�IVED .
DAN!FL t,'!NU
TWi r,!_E:FtK
NORTI� hi DOVER
AUG 15 I I u' kM `89
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.
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 ofAugust, 1989
William Suplivan
Acting Ch rman
/awt
Page 2
Robert J. Batal Builders, Inc. DECISION 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 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 8.5(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
the height
increased
height of
slopes. T
re consist
feet, in all instances
violation is a direct
height is necessary in
the walls would require
he Board finds that
ant 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
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 #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 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).
appeal s"�'S fi5ed
r,ny app the
n
�rithin 120; U's wtice
.Sate of fi ":_, ' .the 1oW
in the 0MU °f
Clerk.
/
NORTF� \
OF`tr�eo, 16 6
e..
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Robert J. Batal Builders, Inc** Petition: 449-89
4300 Chain Ridge Road
*
Fairfax, Virginia 22039 * DECISION
*
�Ecf.lv�gI
OAFa1FL LOU
NpRTH�tok' Q`ER
aur is ii 4� a�+ �ag
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 of 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.
BOARD OF APPEALS
4' r ,
illiam Sullivan,
Acting Chairman
/awt
..ny app � she
within (20) {:` ,;.; afi_cl `
date of i i
,ll (A 'c. i, Notice
in the Otlice of the Town.
Clerk.
..
vv QE•00CPR
RT/1'�
•�
'�. 1855 • •
sSACNl1g�'��
vvv���
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
RECE.IVt:O
pANIF.L LONG
TO`�t1 CI.FlZY
MORE tj ,�,+COYER
Auc I � 114i �M `�9
Robert J. Batal Builders, Inc.
4300 Chain Ridge Road Date August J4?. 1989...... .
Fairfax, Virginia 22039
Petition No. 49-89
April 11, May 9, June 13 and
Date of Hearing ... Augpp. 8 , 1989.
Petition of ..Robert. J. Batal. Builders.,. ,inc.
...........................................
premier affected ... Boston, Hill, .Route ,114,, Turnpike, Street ........................
Referring to the above petition for a variation from the requirements of . S e c t on .8 , .... .
Paragraph 8.5(6)(c) and Section 8, Paragraph 8.1(7) of the Zoning Bylaw
.........._..............................................................................
so as to permit relief .from. 5.0.'. buffer. zone,. distance. o.f..50:.between.struc.tures,...
maximum.height and 25' driveway.
.........................:..............................................................
After a public hearing given on the above date, the Board of Appeals voted to ...DENY..... the
variances .............................. idildit���Cte�
vim/ LXX ..... The- vote -was- as. -follows.:• . .In- favor.; .Mr. • Sullivan,. Ms. •O'• Connor. •& •Mr. Rissin
Opposed: Mr. Nickerson, therefore it is denied.
Signed
illiam Sullivan, Actins` Ch?irman
Augustine Nickerson, Clerk
...........................................
Anna O'Connor
.........................................
Lou Rissin
.......................................
................................
Board of Appeals
S-40-Iyy5 3: GUAM rmum N.6
.
;ny app,-, shz!! be filed
z "s „wrter the
gate Of firing Of this Notice
in the Office. of the Town
Clerk.
Boston Hill Ski Area, Inch
Robert Dunn, President -
Route 114, Turnpike St.
N. Amdover, MA 01845
REuIViI)
'DAN!;:1. LO'iG
49
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition: #48-89 V✓! o
DECISION
The Board of -Appeals held 'a public hearing on April 11, 1989 and May 9, 1989 upon`
the application of Boston Hill Ski Area, Inc., Robert Dunn, President requesting
a variance from the requirements of Section, 7, Paragraph 7.2 and Section 8, Para—
graph 8.1(a) and Table 2 of the Zoning Bylaws so as to permit development of land
situated on Turnpike Street and containing approximately 5.6 acres to create an
approximately 25,000 sq. ft. commercial business development on the premises Route
114, Turnpike Street. The following members were present and voting: William Sullivan,
Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis
Rissin.
The heating was advertised in the North Andover Citizen on March 23, 1989 and on
March 30, 1989 and all abutters were notified by regular mail. -
Upon a motion made by Ms. O'Connor and seconded by Mr. Soule, the Board.voted, unanimously,
to seperace the variance requests into two different items; The first one (A) would cover
the Section 7, Paragraph 7.2 variance requests for front and side setbacks, and (B) would
cover Section 8, Paragraph 8.1(a) pertaining to parking.
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, unanimously
to GRANT the variances as requested subject to the condition that the request for the 88'
setback be made 96', the same as the other 96' variance requested and that the Building
Permit will not be issued until the Board has.approved the new plans, for Item A
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, unanimously,
to allow the petitioner to WITHDRAW WITHOUT PREJUDICE the request for Item B.
The Board finds that granting these variances will not adversely affect the neighborhood
nor derogate from the intent and purposes of the zoning Bylaw.
Dated this 15th day of May, 1989.
BOARD OF APPEALS
illiamkhairman
Sullivan
/awt �` ��j Acting
Boston Hill Ski Area, Inc.
Robert Dunn, President
Route 114, Turnpike St.
N. Andover, MA 01845
µ&
Nom
7 °:��A►en�:x+ C
�,�•. 1855 P.
PV VV'q
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
REf"lluk_`t
nAN17t..
To\jt ' ''t ` :�f�
N0{7 c-1 ',;,;'PVER
MAY I6 8 49 Ali '09
Date ...May. 12.,..1989........... .
Petition No... 48-89
...............
Date of Hearing ... May 9.,..1989....
Petition of ...Rpbezt. Dunn,, Boston, Hill, Ski.. Area,. ,Inc, .............
Premises affected .... LQt .I. on .a .Plan. ezititled. "subdivision ,of, BPAton.Hill. Ski. Area.,
Inc. dated 11/30/88
Referring to the above petition for a variation from the requirements of the .................
Section 7, Paragraph 7.2 and Section 8, Paragraph 8.1(a) and Table 2 of the
zoning'Byldw:..........................................................................
so as to permit .development. of. land. situated. on. Turnpike..S.t,aud. containing .......
approximately 5.6 acres to create an approximately 25,000 sq. ft. commercial
business. development..................................................................
After a public hearing given on the above date, the Board of Appeals voted to GRANT ...... the
variances as requested and allowt},P�petitioner to WITHDRAW WITHOUT PREJUDICE the
.................................... J= ttxmthflyixaxfiexBUstl lmBpad Amimmx&variance
and hereby authorize the Building Inspector to issue a for parking
Permit to .... Boston.Hill.Ski.Ar.ea,.Inc.................................................
for the construction of the above work, based upon the following conditions:
that the request for the 88' setback to made 96', the same as the other 96'
variance and that the Building Permit will not be issued until the Board has
approved the new plans.
Signed l/
,--_
. . .William.Sullivan, Acting Chairman
..... .. .Augustine . Nickerson,. Cle.rk ...
Walter Soule
........................................
... I .... Anna. 0.',Conn4 r ............... .
Louis..Rtssin.................
Board of Appeals
5—GYJ I yy'J 113: G4HM r KUM
.
pn filed
+ ,
'',✓'Vlti i �i. �L�I �/S 9rte r the
`'ate Of fi"ng of this Notice
in the 01fice of the Town
Clerk.
*
Boston Hill Ski Area, Inc**
Robert Dunn, President-
Route
residentRoute 114, Turnpike'St.
N. Andover, MA 01845
1
.REI:E.Irt!1
46RTh DANIEL UNG
4
r �
MAI 49
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition: #48-89
DECISION
r. p
The Board of.Appeals held a public hearing on April 11, 1989 and May 9, 1989 upon
the application of Boston Hill Ski Area, Inc., Robert Dunn, president requesting
a variance from the requirements of Section. 7, Paragraph 7.2 and Section 8, Para-
graph 8.1(a) and Table 2 of the Zoning Bylaws so as to permit development of land
situated on Turnpike Street and containing approximately 5.6 acres to create an
approximately 25,000 sq. ft_ commercial business development on the premises Route
114, Turnpike Street. The following members were present and voting: William Sullivan,
Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis
Rissin.
The hearing was advertised in the North Andover Citizen on March 23, 1989 and on
March 30, 1989 and all abutters were notified by regular mail.'
Upon a motion made by Ms. O'Connor and seconded by Mr. Soule, the Board.voted, unanimously,
to seperace the variance requests into two different items; The first one (A) would cover
the Section 7, Paragraph 7,2 variance requests for front and side setbacks, and (B) would
cover Section 8, Paragraph 8.1(a) pertaining to parking.
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, unanimously
to GRANT the variances as requested subject to the condition that the request for the 88'
setback be made 961, the same as the other 96' variance requested and that the Building
Permit will not be issued until the Board has .approved the new plans, for Item A
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, unanimously,
to allow the petitioner to WITHDRAW WITHOUT PREJUDICE the request for Item B.
The Board finds that granting these variances will not adversely affect the neighborhood
not derogate from the intent and purposes of the zoning Bylaw.
Dated this 15th day of May, 1989.
%awt
BOARD OF ,APPEALS
1,
William Sullivan
Acting rhairman
5-20-1995 3:20AM FROM
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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
Petition of .... Robert ,J; Batal Builders, . enc.
N. 1
RECEIVE!I
DANIEL LING
TOWN VLF ,�K
NORTH ANLIOVER
AUG 15 1141 AM '89
Date ....August -15; - 19$9 .......
Petition No.... 49-89
April 11, May 9, June 13,
Date of Hearing Augur c. 8, ,2!1�4. August 14, 198c
Premises affected ... sos>rgn. Rill, , $W, side ,of, Turnpike. Street, . Rout,e ,114.... .
Referring to the above petition for a variation from the requirements of Ug .$ e c t i or;
50-foot..dista�ce, .b.etween. ,s,rrucCure.s,;..Section ,$.5(6).(.a),, ,5Q7fo.QC .bufi'e,r. ,zene.. Section
8.5(6)(c); 30—foot height limit and Section 8.1(7) 50—foot driveways.
so as to permit ..... .
relief from the above bylaw requirements in order to construct townhouses
.at.Bostoa .Hill,. Route. 11.4.,. Turnpike- .Street..... , .. ,
After a public hearing given on the above date, the Board of Appeals voted to C.RANT ...... the
variances
.. . ............ . .. I ............ and hereby authorize the Building Inspector to issue a
permit to ...... Rob.ert .J.. Bacal .Build,ers, . Inc.. ...... . ............ . . . . . . ..... . .. . ....: .
for the construction of the above work, based upon the following conditions:
SEE ATTACHED
Signed I
Wi - iam -S llivaa; .. ct ng -Chairman
August•i'ne Nickerson; - C1,erk .......
.......Anna' G'-Connor'::............I....
L'ouis"RissiXt. ......... " .......
Board of Appeals
�,
S -20-199b �e:22AM H_Rum
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AT
Any appeal shall be filed
Wlthin (20) clays after the
date of flung of this Notice ; tp
in the Office o1 the..Town ''ys' •'��'
swcuu:c
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition: X149-89
Robert J. Batal Bldrs., Inc. DECISION
4300 Chain Bridge Road
RECONSIDERATION
Fairfax, VA 22039
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�R�Ct.lyL• .
IDANJFL L,1tto
TO WORV.jtA:,i)OVER
Auc 15 i 141 AM `B9
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.
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 owning 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 Supl.ivan
Acting Ch rman
/awt /
S: 22AM 1- KUM �1. o
Page 2
Robert J. Batal Builders, Inc. DECISION. 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 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 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 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 chat.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
7
5-20-1995 3:23AM FROM N /
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 cu
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 #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 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).
b-20-1 �b S: 21 AM r HUM
Robert J. Batal Builders, Inc. DECISION
August 15, 1989
P..s
Page 2
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 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 chat 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 consistanc 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 co 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,resulc 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 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. Tile 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. Tlie 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 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-
mens as contemplated by Village Residential zoning and for any emergency vehicles,
and is therefore consistent with the purposes of the SyLaw.
The foregoing variances shall be subject co the following conditions, which are
intended further to promote use of the site in harmony with the intesic 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 shoun.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 poi.ncs 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
S -20-199b S:21AM NRUM
Robert J. Batal Builders, Inc.
Applicant and TTOR may agree.
constructed simultaneously with
way parallel thereto.
F1. a
I
DECISION
Page 3
The fence, or portions thereof, shall be
construction of portions of the road -
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 ocher vegetation
permitced(except for removal of deseased or injured vegetation and in-
stallation of any new landscaping shown on plans submitted co the Board)
and no use of any herbicides permitted, such conveyance to occur ac 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.fooc by 500 foot parcel of land connecting the site to
Chestnut Street shall be conveyed to TTOR in fee simple -subject onl
to a retained perpetual easement'y
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, that the owners of the site shall
maintain, repair or replace the fence described in #2 above; slIch
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 condominiumizacion of the site. Once the first phase of the
development is commenced,•commicmenc 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 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 obcaine.d within one year of the effective date of the Board's
decision (i.e.. one year after all appeal periods have lapsed withouc an a
having been taken, or after any appeals have been finallypdismissed). y ppeal
Received:by Town Clerk:
Rtq,4
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TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
c/o Robert Dunn, President
Applicant.O. Box 830
PP' Boston Hill Ski Area,_Inc Inc.. Address Ryc. NPNa Nam= sh; re03871
1. Application is hereby made:
a) For a variance from the requirements 'of Section 7. 2 Paragraph
and Table 2 of the Zoning By Laws. *and Section 8;1(a) 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.
proposed
2. a) Premises affected are land x -and building(s) numbered
Street:
b) Premises affected are property with frontage on the North
South (X) East ( ) West ( ) side of Turnpike Street (Route 1)
Street, and known as No. Boston HiTI-STTi ref Street.
c) Premises affected are in Zoning Districts R+, and the propos-ed-1premises
affected have an area of 247,112square feet and frontage of
over 8Q ___feet .
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Boston Hill _.Ski Area, Inc.; c/a _Robert Dunn, President; P.O. Box 330%
R e N.H.
Date of Purchase 11/1/71 previous Owner y ,
bY. If applicant is not owner, check his/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
50 ft E. endo
44 Size of proposed building:' 370 _front;90 ft W. -feet deep;
ty
n Height 1 sorstories; _20 _feet. with -1:. end
clock tower in front to approx. 30 ft.
a) Approximate date of erection: summer/fall_1989
b) Occupancy or use of each floor: commercial/retail
c.) Type of -construction: concrete slab foundation, wood, brick and glass
---------- - facade
5. Size of existing building: _ feet front; _ feet deep;
Height __stories; � feet.
a) Approximate date of erection:_
b) Occupancy or use of each floor:_-_ _
c ) T_,ype of construction: M_--____ —
6. Has there been a previous appeal, under zoning, on these Premises?
If so, when?
* shown as Lot 1 on a Plan entitled "subdivision of Boston Hill,,Ski Area,
Inc. in North Andover, Massachusetts" dated 11/30/88 and recorded March 1,
1989 at the Essex North Registry of Deeds as Plan No. 11432
7;,Description of relief sought*on this petition 15 riance from.set-back
+�
?'requirements under Section 7.2. (See Attached) ;•.
r;
Deed recorded in the Registry of Deeds in Book Page
j Land.Court Certificate No. Book Page .'
The principal points upon which I base my application are as followss
�•;
(mist be,stated in detail)
i-
See attached statement.
I agree to pay the filing fee, advertising in newspaper, and incidental
expo • Boston Hill Ski Area,Inc.• 0.
David 9. Sullivan S gna'ture oi• PetT er(s);,•
i
Every application for action by the Board shall be made on a form approved
'
by. -the Board. These forms shall be furnished by the Clerk upon request.
Any communication purporting to be an application shall be treated as mere
'
notice of intention to seek relief until such time -as it'ison the
;
official application form. All information •called for by the form shall
'
be furnished by the applicant in ttie .manner'tiherein,;:prescribed.
Every -application shall be submitted with a list of'•"Parties In Interest"•
4hich list shall -include .the petitioner,•abutters, owners of land directly
opposite on any public,or private street or way, and abutters to .the
abutters ;within' three hundred feet (300:) of the property line of the
petitioner' as they appear,on the most recent applicable tax list,
notwithstanding that the -land of any such owner is located in another city
or town, the Planning Board.of the city or town,, and the Planning Board of.;
3very abutting city or town.
"Every application shall be submitted with an appl•ieation charge cost in
the amount of $25.00. In addition, the petitioner shall be responsible
for any- and all costs involved in bringing the. petition before the Board.
Such, costs shall include (nailing and publication, but are not necessarily;:''';:;'•^�t'
Limited to these.
3very application shall be submitted with a plan of land approved by the
3oard: No petition will be brought before the Board unless said plan has
,•;:`•�'�
Seen submitted. Copies of the Board's requirements regarding plans are
sttached'hereto or are available from the Board of Appeals upon request.'.
LIST OF PARTIES IN INTEREST
' Name ,. Address
See Attached
!.1
• .1
;i�.
ff
(use additional sheets if''necessary)
,;.;
I
BASIS FOR APPLICATION
Applicant seeks to develop a parcel of land situated on
Turnpike Street, Route 114) and containing approximately 5.6 acres
(the "Land") to create an approximately 25,000 square foot com-
mercial business development. Additional abutting land owned by
the Applicant is being sold to an unrelated third party for
separate development as a residential property the "Residential
Property"). This variance application relates only to the com-
mercial development of the Applicant and not to the Residential.
Property.
The Land is zoned for General Business under a protective
zoning freeze predating the creation of the village residential
zoning district in 1987. Section 7.2 of the Town of North Andover
Zoning By -Law sets forth the set back requirement for developments
in a General Business District. Under the guidelines referenced
as Table 2, the minimum front set -back from Rte. 114 is 100 feet
with no parking in the first 50 feet of the set -back, the minimum
side set -back from an abutting residential district is 40 feet.
Applicant requests variances from the front set -back requirement
and a variance from the side set back requirement to allow it to
develop the Land as proposed. Applicant seeks an additional vari-
ance from the provisions of Section 8.2(2) which requires that
retail project have 5 parking spaces per 1,000 sf of GFA. The
rariance in parking is to allow for a shortfall of eleven spaces
from the required 125 spaces. As proposed and shown on the site
�\ plan, there are 114 spaces.
-1-
The proposed front set -back is required to account for some
foundation intrusion but predominantly for overhanging portions of
the front of the proposed building which would intrude on the 100
foot set -back and to allow the intrusion of the Project parking
area into the fifty foot buffer zone. The encroachment on the
side set -back is a total of 30 feet and the parcel encroached on
is the Residential Property. As proposed in the residential
development, there will not be any residential building within
approximately 190 feet of the commercial property.
The Applicant and the developer of the Residential Property
have met extensively with the staff of the Division of Planning
and Development and with owners of abutting property. The site in
question, a former ski slope, is a steeply graded parcel which
cannot be kept in a natural condition or successfully utilized if
there is a strict enforcement of the Zoning By -Law due to required
additional clearing and grading. The variances requested can be
granted without detriment to the public good and in keeping with
the intent of the Zoning By -Law and in fact do more to maintain
the intent of the By -Law than strict adherence would Therefore,
the standards required for a variance as set forth in Mas-
sachusetts General Laws, Chapter 40A and Section 10.4 of the Zon-
ing By-laws of the Town of North Andover, having been met, the
Applicant respectfully requests that applied for zoning variances
be granted.
1. Minimum Front Set back.
Section 7.2 of the Zoning By-law requires A minimum front set
back of 100 feet from Route 114 is required (Table 2, Note 1) the
-2-
s
first 50 feet of which must be planted and landscaped with no
parking permitted. The proposed structure fronts along Route 114
and as presently designed, the building does not meet the 100 foot
set back in all instances since the building contains a designed
overhang of 10 feet which encroaches on the 100 foot requirement.
The foundation itself is within 88 feet of Route 114 in the center
portion. Applicant requests a variance from this provision of the
Zoning By-law in all instances where the site plan does not
comply. Due to the particular configurations of the Land, the
building site and parking area are dictated by the sloping
topography. Moving the building further back on the site would
result in substantial and unnecessary grading to accommodate the
building which could alter the existing site drainage and would
adversely impact on the aesthetic appeal of the development.
Similarly the siting of the parking area in front is intended to
preserve the appearance and overall environment of the Boston
Hill. Applicant's technical compliance with the Zoning By-law
would have a far greater impact on the site by requiring ad-
ditional grading and clearing and would spread out the site
thereby increasing the impact. This would sharply oppose the
goals of the Zoning By-law. Applicant intends to minimize any
impact on the Rte. 114 landscape and traffic by means of dense
screening and landscaping in a planned 15 foot free zone. In ad-
dition, the lower elevation of cars closer to Rte. 114 as opposed
to up the hill will lessen the visual impact of headlights and
parking areas. Applicant has worked closely with the developer of
the Residential Parcel to assure a pleasant overall development
-3-
i
which would conform as closely as possible with the natural slope
of the property and would allow for the minimum amount of site
clearing and grading. The requested frontage variance is the
minimum variance required to allow the Applicant to make the best
use of the Land and in keeping with the intent of the Zoning By-
law. Applicant feels that the intrusion on the set -back is
minimal in relation to the harm that would be required by a
complying configuration.
2. Minimum Side Set Back.
Section 7.2 requires a commercial building in a General Busi-
ness zoning District set back at least 40 feet on the side and
rear yards. The location of the building does not conform to the
side set back requirements from the Residential Property. The
Applicant has worked closely with the developer of the Residential
Property in order to assure a consistent and complimentary
development of the commercial project. While there is a literal
encroachment on the lot line set -back requirement, the configura-
tion of the Residential Property places all of the residential
buildings far from the commercial development. The nearest
residential building will be approximately 190 feet from the
Applicant's building. The relocation of the commercial building
would not serve the purpose of the Zoning By-law which requires
that there be at least 70 feet between a residential building and
a commercial building since the buffer zone here is far exceeded
by the planned development. The developer of the Residential
Property has agreed to the location of the Applicant's building
with the Applicant and supports the granting of this variance from
-4-
the point of view of the Residential Property. The variance
requested is the minimum variance required to allow the maximum
use of the Property.
3. Minimum Parking Space Variance.
The Project as drawn contains only 114 parking spaces. Under
current zoning, a 25,000 square foot retail building in a General
Business district requires 125 spaces. Prior zoning under which
this parcel is still governed, required that the measurement of
the building be based on "net ground floor area,, excluding storage
area. Section 8.1(1) North Andover Zoning By-law, 1972, Reprinted
1986. Although final interior space configurations would be
subject to the specific tenant it is estimated that at least 3,000
feet will consist of the common loading area and tenant storage
reducing the space requirement by 15 spaces. Applicant intends to
comply with all current requirements regarding space size (ie. 10
by 20 foot spaces rather than 9 by 18), landscaping and screening.
In order to maintain the structural integrity of the surrounding
landscaping and hillside, the Applicant does not wish to extend
the parking area further to the east side if that can be avoided.
As shown on the Plan the eastern end of the proposed building site
commences a sharp natural grade. Removal of some or all of this
grade would impact on the overall appearance of the site by
spreading out the Project and would require extensive clearing
and regrading. Applicant believes that the variance requested is
minor and that the granting of this variance will not subvert the
purpose of the ordinance since this building consists of less than
25,000 square feet of usable space, and therefore less traffic
-5-
density than a typical building of this size. Since the configura-
tion requires that a common area running from the loading dock to
the west end of the building be included in the plans for loading
and unloading purposes, thus cutting down the usable space. Under
the pre -1987 By-law this space would be excluded to allow ap-
plicant to proceed with approximately 110 spaces. The requested
variance is the minimum variance required to allow the Applicant
to make the best use of the Land, is intended to improve the ap-
pearance of the Project to be in keeping with the intent of the
By-law and is in keeping with the intent of the Zoning By-law.
-6-
r
Plat No. Lot No.
107A 149
107C 10
107C 13
107C 15
107C 32
thru 40
EXHIBIT A
LIST OF ABUTTERS
BOSTON HILL, TURNPIKE STREET
NORTH ANDOVER, MASSACHUSETTS
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
John C. Farnham
at Johnson Street
426 Farnum Street
North Andover, MA 01845
107A
33
1208 Turnpike Street
Milton C. & Eileen Allen
1208 Turnpike St
North Andover, MA 01845
107C
12
Turnpike Street
B&C Realty Trust
v.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
April 19, 1989
Town of North Andover
Zoning Board of Appeals
North Andover Town Hall
Main Street
North Andover, Ma 01845
RE: Boston Hill Ski Area, Inc.
Commercial Development
Gentlemen:
At the April 11, 1989 public hearing on the above develop-
ment, a question arose concerning the zoning regulation which
would pertain to this Project. The current subdivision was cre-
ated in accordance with a definitive Plan of Subdivision ap-
proved in 1987 prior to the creation of the Village Residential
District along Route 114 (1987 Town Meeting Article 28), the
amendments to Section 8.1 Off -Street Parking (Articles 26 and
27) and the addition of definitions of Gross Floor Area and Net
Floor Area (Articles 20 and 21). Under Massachusetts General
Law, Chapter 40A, §6, where, a definitive plan, or a preliminary
plan followed within seven months by a definitive plan, is
submitted prior to the effective date of an ordinance or by-law,
the land shown on such plan shall be governed by the applicable
provision of the zoning ordinance or by-law in effect at the
time of the first submission for a period of eight years from
the date of final approval. In this case the final approval was
in November 1987 and the zoning freeze is in effect until
November, 1995.
LAWRENCE M. LEVINSON
B
SUSAN M. ARNARD
p�
BURNS & LEVI
RANDOLPH L. SMITH
SUZANNE SHELDON
THOMAS D. BURNS
STUART M. VAN TINE
N SO N
DANA C. BLAKSLEE
JOHN E. BOWEN
ROBERT W. WEINSTEIN
NANCY RICHMOND VAN TINE
ANDREWP. BROWN -
LAWRENCE J. MCNALLY. JR.
WILLIAM H. CLANCY
DAVID M. GOVERNO
COUNSELLORS AT LAW
MARK M. CHRISTOPHER
STEVEN L CHARLIP
GEORGE M. FORD
JOHN J. McGIVNEY
DOROTHY ANNE HURD
DANIEL R. DEMARCO
BARRY L SOLAR
DAVID P. ROSENBLATT
CONSTANCE M. MCGRANE
CYNTHIA J. HELENEK
HOWARD D. MEDWED
PETER F. ZUPCOFSKA
50 MILK STREET
DARRELL MOCK
KEVIN G. KENNEALLY
SAMUEL P. SEARS. JR.
ANN C. EGAN
ANN M. RISSO
JENNIFER L. LAURO
JOHN A. DONOVAN. JR.
ROBERT J. CORD Y
BOSTON, MASSACHUSETTS 02109
ANNE E. SARGEANT
ELIZABETH J. MAILLETT
NORMAN C. SPECTOR
JOHN P. WALKER
SARAH BORSTEL PORTER
CHARLES MARK FURCOLO
MICHAEL J. GRACE
KEVIN E. YOUNG
PAMELA B. SHAPIRO
MARTIN B. SHULKIN
KATHLEEN A. SCRUTON
(617) 451-3300
MARGOT AMES CLOWER
GARY W. SMITH
STEVEN C. GOODWIN
JOEL S. FREEDMAN
TELECOPIER (617) 451-5760
ELIZABETH E. HOLMES
GEORGE S. TSANDIKOS
LAWRENCE G. CETRULO
BARRY E. GOLD
EVELYN A. HARALAMPU
MICHAEL P. GIUNTA
WILLIAM E. MODERI
BARBARA S. HAMELBURG
JEFFREY D. STERNKLAR
MICHELLE F. ROSENBERG
ELAINE M. MORIARTY
DAVID R. SULLIVAN
LISA A. ROBERTS
RALPH G. PICARDI
PETER J. SCHNEIDER
RAYMOND E. BAXTER
THOMAS G. C09PER
MARK C. DIVINCENZO
TRAVER CLINTON SMITH. JR.
NANCY L. BRUSH
SOUTH SHORE OFFICE:
JEFFREY S. MICHAELSON
ANN M. DONOVAN
MELVIN A. WARSHAW
CHRISTOPHER A. DUGGAN
1001 HINGHAM STREET
MICHAEL G. TRACY
CLAIRE A. GALLAGAN
PAUL ESTANZLER
STEPHEN P. HAYES
ROBIN RENEE PATRICK
GAIL P. KINGSLEY
RICHARD E. KAPLAN
ROBERT C. RIVES. JR.
ROCKLAND. MASSACHUSETTS 02370
CLARE M. HOWE
AURELIE M. MCCARTHY
CHESTER A. JANIAK
MICHAEL R. GOTTFRIED
SUSAN A. MAZE
MARIE E. RECALDE
MICHAEL WEINBERG
JOHN B. SAVOCA
BRUCE A. HAMILTON
LORETTA R. RICHARD
DAVID STRAUSS
NANCY KELLY
(617) 749-1023
WARREN E. TOLMAN
THOMAS J. WHITE
TELECOPIER (617) 982-4141
LESLIE 'WOLCOTT
April 19, 1989
Town of North Andover
Zoning Board of Appeals
North Andover Town Hall
Main Street
North Andover, Ma 01845
RE: Boston Hill Ski Area, Inc.
Commercial Development
Gentlemen:
At the April 11, 1989 public hearing on the above develop-
ment, a question arose concerning the zoning regulation which
would pertain to this Project. The current subdivision was cre-
ated in accordance with a definitive Plan of Subdivision ap-
proved in 1987 prior to the creation of the Village Residential
District along Route 114 (1987 Town Meeting Article 28), the
amendments to Section 8.1 Off -Street Parking (Articles 26 and
27) and the addition of definitions of Gross Floor Area and Net
Floor Area (Articles 20 and 21). Under Massachusetts General
Law, Chapter 40A, §6, where, a definitive plan, or a preliminary
plan followed within seven months by a definitive plan, is
submitted prior to the effective date of an ordinance or by-law,
the land shown on such plan shall be governed by the applicable
provision of the zoning ordinance or by-law in effect at the
time of the first submission for a period of eight years from
the date of final approval. In this case the final approval was
in November 1987 and the zoning freeze is in effect until
November, 1995.
ft
BuRNS�& LEVINSON
Zoning Board of Appeals
April 19, 1989
Page 2
In the case of parking areas, the 1987 amendments changed
the provision of Section 8.1 by changing the way floor area is
measured for purposes of determining the number of required
spaces. Under the old by-law the requirement was five spaces
per 1000 sq. feet of net ground floor area (excluding storage
areas). The amendment redefined the basis for measurement to be
Gross Floor Area. Net floor are is the actual usable are
excluding thickness of walls, hallways, stairs, closets, columns
and for this purpose 'storage areas. Gross Floor Area includes
all of the foregoing. The proposed building contains 25,000 sq.
ft. of Gross Floor Area; however, net floor area excluding stor-
age areas, would be well under 22,000 sq. ft. By this measure-
ment 110 spaces are required and compliance could be made. The
variance requested has been requested since the entire parking
issue is before the Board due to the required set -back vari-
ances.
The foregoing is submitted for purposes of supplementing
the information presented at the hearing. Proponent feel that
all of the requested variances meet the conditions of Section
10.4 of the By-law since conditions of slope and topography af-
fect this site which do not affect the zoning district in
general and a literal enforcement of the By-law will result in a
substantial hardship, not only to the Proponent, but to the com-
munity as a whole due to the extensive excabation and grading
that compliance would entail. The impact of the community as a
whole if the variances are granted would be minimal and favor-
able to alternative building and siting possibilities.
With regard to the notice provision which arose, the Board
is only required to notify abutters and the public of a hearing.
Although the site reference was incorrectly noted, the requested
variance was clearly stated as set -back not a street frontage.
All parties were adequately noticed as to the fact of a hearing
regarding variances for a commercial development, as exemplified
by the fact that Mrs. Fink attended the hearing in question and
was aware of the requested relief and had researched its pos-
sible impact. Notice as published and mailed was thus
demonstrably adequate and in excess of the legal requirement.
Sincerely,
David R. Sullivan
O� NORTH qti
°. O
O
SACHL)5 t 5
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
March 14, 1990
Robert W. Dunn, President
Boston Hill Ski Area, Inc.
P. 0. Box 330
Rye Beach, NH 03871
Dear Mr. Dunn:
The Board of Appeals held a regular meeting on Tuesday evening, March 13,
1990 upon your request for an extension of Petition #48-89, granted on
May 15, 1989.
Upon a motion made by Mr. Sullivan and seconded by Ms. O'Connor, the Board
voted, unanimously, to GRANT your request and extend this decision to May 15,
1991.
Sincerely,
BOARD OF APPEALS
William Sullivan e
Acting Chairman
/awt
1K.
THE BOSTON GILLS SISI AREA
Board of Appeals
Town of North Andover
120 Main Street
North Anaover, MA 01845
ROBERT W. DUNN
PRESIDENT
AND GENERAL MANAGER
ROUTE 114, NORTH ANDOVER, MASSACHUSETTS 01845
Telephones 617 — 683-2733-2734
March 9, 1990
As President of Boston Hill Ski Area, Inc. I request the Board of
Appeals to grant an extension of Petition # 48-89, granted on May 15,
1989 (per attached decision). This request is necessary due to
circumstances beyond our control. Specifically, delays encountered in
various permits for traffic signal installation (Johnson St/ Route 114)
and sewer permits along MA state highway # 114.
Thank you for your consideration.
Sincerely,
QLAV;)� pr-�o zz�
Robert W. Dunn, President
RWD/mfo
Mailing address:
Dunn
P.O. Box 330
Rye Beach, NH 03871
Any appeal shall be filed
within (20) days antar the
date c, filing cf this Notice
in the Office of the Town
Clerk.
Boston Hill Ski Area, Inc*
Robert Dunn, President
Route 114, Turnpike St.
N. Amdover, MA 01845
RE",f.iq"
D A CWF L. 1_
TOW','
;ti;.;t1VFR
MAY it
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition: #48-89
DECISION
a 49 0V
t
The Board of Appeals held a public hearing on April 11, 1989 and May 9, 1989 upon
the application of Boston Hill Ski Area, Inc., Robert Dunn, President requesting
a variance from the requirements of Section 7, Paragraph 7.2 and Section 8, Para-
graph 8.1(a) and Table 2 of the Zoning Bylaws so as to permit development of land
situated on Turnpike Street and containing approximately 5.6 acres to create an
approximately 25,000 sq. ft. commercial business development on the premises Route
114, Turnpike Street. The following members were present and voting: William Sullivan,
Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis
Rissin.
The hearing was advertised in the North Andover Citizen on March 23, 1989 and on
March 30, 1989 and all abutters were notified by regular mail.
Upon a motion made by Ms. O'Connor and seconded by Mr. Soule, the Board voted, unanimously,
to seperate the variance requests into two different items; The first one (A) would cover
the Section 7, Paragraph 7.2 variance requests for front and side setbacks, and (B) would
cover Section 8, Paragraph 8.1(a) pertaining to parking.
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, unanimously
to GRANT the variances as requested subject to the condition that the request for the 88'
setback be made 96', the same as the other 96' variance requested and that the Building
Permit will not.be issued until the Board has approved the new plans, for Item A
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, unanimously,
to allow the petitioner to WITHDRAW WITHOUT PREJUDICE the request for Item B.
The Board finds that granting these variances will not adversely affect the neighborhood
nor derogate from the intent and purposes of the Zoning Bylaw.
Dated this 15th day of May, 1989.
/awt
BOARD OF APPEALS
A .
William Sullivan
Acting lChairman
xORrh q .�
p tt.eo s 41
O
SAO,HUS�� 5
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Boston Hill Ski Area, Inc,.
Robert Dunn, President
P. 0. Box 830
Rye, N. H. 03871
RE: Time Limits for Variances and Special Permits granted
Dear Mr. Dunn:
Per our conversation of this date, I have checked the MA General Laws,
Chapter 40A, 4-88.
According to The Zoning Act, a variance is good for one year if not
used and a Special Permit is good for a two (2) year period.
I suggest that you request an extension from the Board for the
variances granted to you in May of 1989.
If you have any further questions, please call.
Sincerely,
BOARD OF APPEALS
Audrey t. Taylo
/awt
From the Deskvf
Audrey W. Taylor
From the Duk of
Audrey W. Taylor
of�
r
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
AudreyTaylo:
Secretary
Enc.
/awt
71
i � ;
projects-rnvironmental
=earth ; ndever, Route 114
,,'onton t,Ili. "fixed "!sae Project
April A, t^139
"ncretary of 'Fatvirosmentsl Affairs
Ir -K) Cambridge Street 70th Floor
'`a5t , 1tanaachusetts 032202
Attention: ?;so& Nancy Baker
`car �¢cretarp %- Villarst
This Department's concerns with tris Protect mere exprese-ed at the scoping
session on "nrch 31, 19", - 'M19 letter will serve to docu=ment these concerns.
Traffic: 1. Entrance aches to the deve3*pmnt must be addressed so as to
determine what is acceptable for Loth the site arae! the Mate
hi�haelr.
i.
The traffic stu4y ,nust address additional intersections to
include impact on the int*rsectians of �,aute 114 at Chestnut
Street; Mill Rasa; *nd others south of the Aevelopwlent.
Traffic vigraal warrant analyneg should be abown for the Johnson
Street interMction as rill. as for those mandated.
4. { nnelization and acceleration/deceleration laAes MY need to
be provided at the site drive.
5. Traffic conduit may need to be installed, or other measures
taken for possible future traffic 819nal in tallatiesz.
'?r irsa e; I, h portion of the existing; drainage! flows westerly into the
River watershed.It may he possible to desgig" the drain-
age system so that a similar proportion of the runoff will
outfall into this watershed. (Tefer to U-S.G.S•. South : r4ve-
land Quadrangee, topocth�ePdivfd The
betrear
i rusnofiot� t �
Street seems to approximate
Broom or to SkuS river.
f
Continued....
?rojects= nvironmental.
(Continued)
2.
in : ?. loston Brims, into which this project drains, is a source
of water supply for the Towns of Danvers and Middleton.
ttr eventually drains into the Ip ich Tiver which again
Is the source of drinking water for other Orth Shore cov-
munities including Feiem and neyv!rly. (lee r.m.M., -7)
"dais office pis awaiting. the drainage! calculations for thi.3
project.
7*4-.!.n "* rice= is also concerned ebout the total Impact from this and other
prc,Ject^ in the area. -.nli includes the proi its referred to in
".''.ZS.; "?osnoe, 120 77nit ''iil=age Rosi -lent ial; State 77orest Pealty ,""rust.
'I It `Pi.I1n a TZesf dential; as well as t e. 74parlan Tnduntri3l Rar
adjacent to :terrp �trept ; RoBemnt, 44 pronc+suO
ii �'�'?�•'1it '` ! ht �aL4' re`rat sS1(� Future �:'.`7?,lopr"rnt at the "J111oWV
?ndu.-.: rial `-park.
',r; 17 s Y,.g.7 ;oras,
T m
�P:? fc
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 Bata! 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
-2-
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
Audrey Taylo,
Secretary
Enc.
/awt
tasaetareuaats»te.weeu►eatueaeri
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or Lisiled YarLma er SpeeW Rtweil • •j
it .;tyn•.: + .'S',�• M' �p�tl><a,.p�eeeal.eeel.lse►...+14 ,. '�'•y •••• '
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3 t ha of the aver rr[tb form to fbs =0 p� m
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Boston
Boston Hilt Ski Area, Ino.
'Aloes &Morro bAta - Ilike lux=lka
Cb.r Tom�" amArm
.V.wwnr
by R deed duly ieeo+ded b tke. Reh► d Deeds to
obmd est Ike Lod Coat
"„�:r: ;', :,P� Cati6eete ..•�.•-...:PeA-."--•f'.- :-' :�.•:
a:; • y; i:'
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�';:�,,, s ... ladreoSoee!'theT�Dak.«I.R ., �.�;,�:{�, '• .i
Dow er
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fifth
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''i }rr � ' 4' ' •'� :... ' • • 2�ltdq ei.«....ilAk.4klt�...�....•....�.•...:..I9'� • • ' ' ' • ��' '
.;: j:';'.;j, t•"'� R"orded Oot.26,1977 at -198M 110899 �'
•,,•�: ,Fi �'
'y;: •, .' ,•y.' - - orf:, •,•
TH9 COMMOKWULTH OF MASSACHU89M
........... .......
BOARD OF APPEALS
Mbe
.. .............1963
N077CE OF VARUNCE-
CorsditimW or Limited Viarlarsea or Special Permit
-Notice is hereby Siva dust a Conditional or Limited Variance or Special Permit has been granted
...........................................
Owner or Pethtwer
Address.....? ..Street
........ . ........ . ......... .....................................................................................
cityor Town.......... BorthNSM.M!�s............... ...............................................................
... qW-0#_tj_q. qXn..U1
�.jpbnrp8
...... ..... 6 ................................
Idaft lAnd as oma
................. ......................... ...... ..................................... ........ ...................................................
C#
by *0 Town of.......:..... Nom.Andover ..:....................._....._.._Board of Appeals affecting the
rigIft of the owner with respect to the use. of premises on.
. . ....... . ...... ....
30 lit
eked aw or Town
the record title standing in the name of
............................... . . ........
wbose address is... .... ................ ....
am" Chy or Tews swe
by a dead duly recorded in, the .. lorth..Zasex . . ....... County Registry of Deeds in Book
. ..... . .................................................Registry District of the Land Court
Certificate No ........................._....._Book ....._.........Page._.............
The decision of said Bond is on file with the
nN papers in Decision or Can Noft.W..ft.+A,. 24, 1963
in the office of the Town Cierk ............ Marth.Ando2w...1jaga . ...................................................
Signed d&.24th.day of...,.._..........196 3
Board Of AJV
. ...... .......... . ... . .. ...... ....... chaimm
Board.i AWGIU
Eislex,ss. Recorded Oct. 19, 1963 at 15M past 11A.M.-. #529
Egsex _pxzsent �.�oldcrofalnortme
from Robert S. SaI ch and jaD&_0
_gAjLqhhUat,and and wife
to — Eases Savinga Bank
dated J= 20, 1963
recorded with North EASAX Reg, lstr3E Of Doch
Book ---988
acknowledges datisketIon of the am
SOM
99.6
201
Yy
` Received:by Town Clerk:
Ri3n
E10EPI
TOy,q-L LO r ,
NOR Tlih t,,Jr. VER
MAR, 189
TOWN OF NORTH ANDOVER, MASSACHUSETTS' 2i
BOARD OF APPEALS TEL
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
c/o Robert Dunn, President
AApplicant a Inc. Address P.O. Box 830
PP Boston Hill Ski Are_,_ — Rye mew mam,=shirP 03871
1. Application is hereby made:
a) For a variance from the requirements 'of Section 7. 2 Paragraph
and Table 2 of the Zoning By Laws. *and Section 8.1(a) 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.
proposed
2. a) Premises affected are land x -and building(s) numbered
Street. �-
b) Premises affected are property with frontage on the North
South (x) East ( ) West ( ) side of Turnpike Street (Route ill)
Street, and known as No. Boston HiTr-STI rea Street.
c) Premises affected are in Zoning Districts R+, and tl:e proposed premises
affected have an area of 247,112square feet and frontage of
over JELU--feet .
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.
Date of Purchase 11/1/71 previous Owner
bY. If applicant is not owner, check his/her interest in the premises:
_Prospective Purchaser Lesee Other (explain)
50 ft E. enT-o
Size of proposed building:' 370 front; 90 ft W. feet deep;
^ Height 1 story stories; _20 feet. with - ena
clock tower in front to approx. 30 ft.
a) Approximate -date of erection: summer/fall 1989
b) Occupancy or use of each floor: commercial/ retail
c.) Type of -construction: concrete slab foundation, wood, brick and glass
facade
5. Size of existing building:-- feet front; _ feet deep;
Height _—stories; feet.
a) Approximate date of erection:---__—
r
b) Occupancy or use of each floor:___ _
c) Type of construction:
6. Has there been a previous appeal, under zoning, on these premises?
If so, when?
* shown as Lot l'on a Plan entitled "subdivision of Boston Hill„Ski Area,
Inc. in North Andover, Massachusetts” dated 11/30/88 and recorded March 1,
1989 at the Essex'North Registry of Deeds as Plan No. 11432
C
741. Description of relief sought'on •this petition V'9riance from.set-back •'
!.' requirements under Section 7.2. (See Attached) ;F•.
8.'. Deed recorded in the Registry of Deeds in Book; Page
Land.Court Certificate No. Book Page
The principal points upon which I base •my application are as follows:
(must be,stated in detail)
See attached statement. :'=' <•r
I agree to pay the filing fee, advertising in newspaper, and incidental
expenses* Boston Hill Ski Area, Inc ;
David 9. Sullivan Signature of Petit-ioo Wires ;�•
Every application for'action by the Board shall be,made on a form approved
by- the Board. These forms shall be furnisheA by the Clerk upon request.
Any communication purporting to be an application shall be treated as mere •''
notice of intention to seek relief until such time -as it 'is .made on the • ' ''�`
official application form. All information. *Called ,for by the form shall ,
be furnished by the applicant in the .manner—hereinvprescribed.
• i :.it
Every -application shall be submitted with a list*of'•"Parties In Interest"•
which list shall•include.the petitioner,,abutters, owners of land directly
opposite on any public. or private street or way, and abutters to .the
abutters ;within: three hundred feet (300:) of the property line of the '
petitioner' as they appear_bn the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another
or town, the Planning Board of the city or town,,and the Planning Board of•-;-):;•
every abutting city or town.
'Every application shall be submitted with' an application charge cost in -
the amount' of $25.00. • In addition, the petitioner 'shall be responsible :`�;;•' •: ;
for any. and all costs involved in bringing the. petition before the Board..:,.:
;uch,costs shall include mailing and publication, but are not necessarily;:'';:;'�:�"'
Limited to these.
every application shall be submitted with a plan of land approved "by the
3oard: No petition will be brought before the Board unless said plan has "•''�
teen submitted. Copies of the Board's requirements regarding plans are
:ttaphed'hereto or are available from the Board of Appeals upon request.'.
LIST OP PARTIES IN INTEREST '
Name Address
i See Attached '!
•, •'. •lid
C
... . • is ' i.;4,
(use additional sheets if' necessary)
' .:,T.
BASIS FOR APPLICATION
Applicant seeks to develop a parcel of land situated on
Turnpike Street, Route 114) and containing approximately 5.6 acres
(the "Land") to create an approximately 25,000 square foot com-
mercial business development. Additional abutting land owned by
the Applicant is being sold to an unrelated third party for
separate development as a residential property the "Residential
Property"). This variance application relates only to the com-
mercial development of the Applicant and not to the Residential
Property.
The Land is zoned for General Business under a protective
zoning freeze predating the creation of the village residential
zoning district in 1987. Section 7.2 of the Town of North Andover
Zoning By -Law sets forth the set back requirement for developments
in a General Business District. Under the guidelines referenced
as Table 2, the minimum front set -back from Rte. 114 is 100 feet
with no parking in the first 50 feet of the set -back, the minimum
side set -back from an abutting residential district is 40 feet.
Applicant requests variances from the front set -back requirement
and a variance from the side set back requirement to allow it to
develop the Land as proposed. Applicant seeks an additional vari-
ance from the provisions of Section 8.2(2) which requires that
retail project have 5 parking spaces per 1,000 sf of GFA. The
variance in parking is to allow for a shortfall of eleven spaces
from the required 125 spaces. As proposed and shown on the site
plan, there are 114 spaces.
-1-
The proposed front set -back is required to account for some
foundation intrusion but predominantly for overhanging portions of
the front of the proposed building which would intrude on the 100
foot set -back and to allow the intrusion of the Project parking
area into the fifty foot buffer zone. The encroachment on the
side set -back is a total of 30 feet and the parcel encroached on
is the Residential Property. As proposed in the residentiai''
development, there will not be any residential building within
approximately 190 feet of the commercial property.
The Applicant and the developer of the Residential Property
have met extensively with the staff of the Division of Planning
and Development and with owners of abutting property. The site in
question, a former ski slope, is a steeply graded parcel which
cannot be kept in a natural condition or successfully utilized if
there is a strict enforcement of the Zoning By -Law due to required
additional clearing and grading. The variances requested can be
granted without detriment to the public good and in keeping with
the intent of the Zoning By -Law and in fact do more to maintain
the intent of the By -Law than strict adherence would Therefore,
the standards required for a variance as set forth in Mas-
sachusetts General Laws, Chapter 40A and Section 10.4 of the Zon-
ing By-laws of the Town of North Andover, having been met, the
Applicant respectfully requests that applied for zoning variances
be granted.
1. Minimum Front Set back.
Section 7.2 of the Zoning By-law requires A minimum front set
back of 100 feet from Route 114 is required (Table 2, Note 1) the
-2-
first 50 feet of which must be planted and landscaped with no
parking permitted. The proposed structure fronts along Route 114
and as presently designed, the building does not meet the 100 foot
set back in all instances since the building contains a designed
overhang of 10 feet which encroaches on the 100 foot requirement.
The foundation itself is within 88 feet of Route 114 in the center
portion.- Applicant requests a variance from.this provision -of the
Zoning By-law in all instances where the site plan does not
comply. Due to the particular configurations of the Land, the
building site and parking area are dictated by the sloping
topography. Moving the building further back on the site would
result in substantial and unnecessary grading to accommodate the
building which could alter the existing site drainage and would
adversely impact on the aesthetic appeal of the development.
Similarly the siting of the parking area in front is intended to
preserve the appearance and overall environment of the Boston
Hill. Applicant's technical compliance with the Zoning By-law
would have a far greater impact on the site by Requiring ad-
ditional grading and clearing and would spread out the site
thereby increasing the impact. This would sharply oppose the
goals of the Zoning By-law. Applicant intends to minimize any
impact on the Rte. 114 landscape and traffic by means of dense
screening and landscaping in a planned 15 foot free zone. In ad-
dition, the lower elevation of cars closer to Rte. 114 as opposed
to up the hill will lessen the visual impact of headlights and
parking areas. Applicant has worked closely with the developer of
the Residential Parcel to assure a pleasant overall development
Isla
which would conform as closely as possible with the natural slope
of the property and would allow for the minimum amount of site
clearing and grading. The requested frontage variance is the
minimum variance required to allow the Applicant to make the best
use of the Land and in keeping with the intent of the Zoning By-
law. Applicant feels that the intrusion on the set -back is_
minimal in relation to the harm that would be required by a''
complying configuration.
2. Minimum Side Set Back.
Section 7.2 requires a commercial building in a General Busi-
ness zoning District set back at least 40 feet on the side and
rear yards. The location of the building does not conform to the
side set back requirements from the Residential Property. The
Applicant has worked closely with the developer of the Residential
Property in order to assure a consistent and complimentary
development of the commercial project. While there is a literal
encroachment on the lot line set -back requirement, the configura-
tion of the Residential Property places all of the residential
buildings far from the commercial development. The nearest
residential building will be approximately 190 feet from the
Applicant's building. The relocation of the commercial building
would not serve the purpose of the Zoning By-law which requires
that there be at least 70 feet between a residential building and
a commercial building since the buffer zone here is far exceeded
by the planned development. The developer of the Residential
Property has agreed to the location of the Applicant's building
with the Applicant and supports the granting of this variance from
-4-
the point of view of the Residential Property. The variance
requested is the minimum variance required to allow the maximum
use of the Property.
3. Minimum Parking Space Variance.
The Project as drawn contains only 114 parking spaces. Under
current zoning, a 25,000 square foot retail building in a General
Business district requires 125 spaces. Prior zoning under which
this parcel is still governed, required that the measurement of
the building be based on "net ground floor area" excluding storage
area. Section 8.1(1) North Andover Zoning By-law, 1972, Reprinted
1986. Although final interior space configurations would be
subject to the specific tenant it is estimated that at least 3,000
feet will consist of the common loading area and tenant storage
reducing the space requirement by 15 spaces. Applicant intends to
comply with all current requirements regarding space size (ie. 10
by 20 foot spaces rather than 9 by 18), landscaping and screening.
In order to maintain the structural integrity of the surrounding
landscaping and hillside, the Applicant does not wish to extend
the parking area further to the east side if that can be avoided.
As shown on the Plan the eastern end of the proposed building site
commences a sharp natural grade. Removal of some or all of this
grade would impact on the overall appearance of the site by
spreading out the Project and would require extensive clearing
and regrading. Applicant believes that the variance requested is
minor and that the granting of this variance will not subvert the
purpose of the ordinance since this building consists of less than
25,000 square feet of usable space, and therefore less traffic
-5-
density than a typical building of this size. Since the configura-
tion requires that a common area running from the loading dock to
the west end of the building be included in the plans for loading
and unloading purposes, thus cutting down the usable space. Under
the pre -1987 By-law this space would be excluded to allow ap-
plicant to proceed with approximately 110 spaces. The requested
variance -is the minimum variance required to allow the Applicant
to make the best use of the Land, is intended to improve the ap-
pearance of the Project to be in keeping with the intent of the
By-law and is in keeping with the intent of the Zoning By-law.
IM
Plat No.
107A
107C
107C
107C
107C
107C
107A
107A
107A
107B
107C
107A
107A
EXHIBIT A
LIST OF ABUTTERS
BOSTON HILL, TURNPIKE STREET
NORTH ANDOVER, MASSACHUSETTS
Property
Lo._, Address
149 Turnpike Street
10 (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
John C. Farnham
at Johnson Street
426 Farnum Street
North Andover, MA 01845
107A
33
1208 Turnpike Street
Milton C. & Eileen Allen
1208 Turnpike St
North Andover, MA 01845
107C
12
Turnpike Street
B&C Realty Trust,''
�.J. Balsamo
-
C.J. Carrell _zz�'
1175 Turnpike Street
North Andover, MA 01845
107C
105
Turnpike Street
Raffaela Balsamo. -
1175 Turnpike Street
North Andover, MA 01845
NORiM
0�.,`w ,. 14,
OL
A
� b
ai �Jx
SACHUO
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Lc
�C u�L.
Date:2 .;23 1yt7
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
5 ' for the following:
Kindly submit $ �
Filing Fee
Postage
e
c 4-
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