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Miscellaneous - 16 BERRY STREET 4/30/2018
16 BERRY STREET 210/106.D-00 33-0000.0 r•, - f 3 - .. ....•..,..>=a�� ��_' _ a»ssuea+w:�Vr:.l.,.aa..s°uma:xi,.,,:.v..��x`x.... �.. ....c�, • �. � �.•.,r,.,.:c. _. ^ `x3 __� n`�` ` �° `• � yr 4•' .Y Jy ��" i � e+ y X4a�a it 4 f � fi x k a �''•' _ v' # +4 r s _-' �' d.� .�,. � a Y 3k a e �# '�'�t6'�r' s s �-.°a at,� •vx �"�t e �r�'i`�. �'� � �' �. y° a e. 5 r,r+y 7�. � s f ,� tr~rn r♦ � da -' .4•*� o t::ta >�,k �,�,><' ,��'� �`sati az•^4�. � ,.• 1, ;r �� ,�.rn fi .� J. *'�F '�''•ru{'• d' fled'* d^''M17e�y3�� xu„ ,�k i•Sa Zi�i a ,.� �• a - SeN v� � � ��}w.rr�1 ,�rc iy'�ur;.x�,�� *,+ .moi.:•. a ..� �� �uT{ • T q +`*. � r 4 a .)kl7 ��+,��" s �'� �,� � a +t�h�'��P�{��>:� �'.^�X f- ;�rr �S,'�;a v ? ' '.... `^ '..^' ,�.. �e 'CO• ,r "k r z e � - ( k Y rS'�. ,'Ftp`°'`a ks ''' T'•n z�' t ; � � '.> ry', q e '. irhei�.„py� ai�''fi$t t 7 f tr { 4 }tom`, � ��'F�•'k •r '"au_ .a <a' ♦;t ;. y sr.�:�� �ra � 'f vfa- •.'Fa„r 5`vr s,it �.�r���x°y'�w �v1�'��p� nyr! eM ���'. oP y 5 iyf L , Y f. y ; S �S• a� ® ® ® ' 1 r o Article 13. Amend Zoning Map—16 Berry Street from Village Residential (VR) to Residence 3 (R3). Unanimously Voted to make the appropriate changes to the Town of North Andover Zoning Map, pursuant to Section 3.2 of the Zoning Bylaw to rezone the property located at 16 Berry Street from the a current zoning designation of Village Residential(VR)to the proposed designation of Residence 3(R3). The property consists of approximately 28 acres of land.A description of the property can be found on Maps 106D and 107B,Parcel 33 of the Town of North Andover Assessor's Map.The property is further described in Book 1524,Page 103 at the Essex County Registry of Deeds;or to take any other action relative thereto. Petition of Margaret Fiore and others Finance Committee Recommendation: Favorable Action ; l Board of Selectmen Recommendation: Favorable Action 1 Planning Board Recommendation: Favorable Action k Article 14. Amend North Andover Zoning Bylaw—New Zoning District-Section 17.0 Osgood Smart Growth Overlay District(Osgod). Unanimously Voted to"Refer Back to the Planning Board for Further Study"to amend the North Andover Zoning Bylaw by adding a new section, Section 17.0 OSGOOD SMART GROWTH OVERLAY DISTRICT(OSGOD); r. And in connection therewith to amend the North Andover Zoning Bylaw Section 3.1"Establishment of Districts"by adding the name OSGOOD SMART GROWTH OVERLAY DISTRICT(OSGOD). n: Petition of the Board of Selectmen t- Article 15. Rezone A Portion Of Land Identified As 1600 Osgood Street—Osgood Smart Growth Overlay District(Osgod). 4 Unanimously Voted to"Refer Back to the Planning Board for Further Study" to amend the Zoning Map of the Town of North Andover,pursuant to Section 3.2 of the Zoning Bylaw,to add to the underlying zoning as an overlay,the OSGOOD SMART GROWTH OVERLAY DISTRICT (OSGOD)shown as Proposed Lot`A'on plan of land entitled"Assessors Map 34—Lot 17, 1600 Osgood Street,North Andover,MA,prepared for 1600 Osgood Street,LLC and prepared by MHF Design Consultants,Inc.,dated May 5,2006". Petition of the Board of Selectmen i1 — 123 — DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS This Declaration of Protective, Covenants, Conditions and Restrictions is made this day of , 2006,by Margaret J. Fiore, Trustee of the Berry Street Trust u/d/t/ dated August 7, 1981 and recorded with the North Essex District Registry of Deeds in Book 1524,Page 97,its successors and assigns(herein collectively referred to as the "Declarant"). WHEREAS,the Declarant is the owner of a certain parcel of land located on Route 114 in North Andover, Essex County,Massachusetts shown as Tax Map 106D and 107B,Parcel 33 on North Andover Assessor's Maps, containing 28 acres more or less, and being a portion of the same premises conveyed to the Declarant by deed, dated , and recorded with the Essex North District Registry of Deeds at Book ,Page , hereinafter referred to as"the Property"; and WHEREAS,the Declarant has submitted an Article to the Town of North Andover Town Meeting to amend the zoning of the property from Village Residential District to R-3; and WHEREAS,the Declarant has agreed to limit the density of a proposed."55 and Over" Residential Community proposed under the Independent Elderly Housing Section of the North Andover Zoning By-Laws, Section 14,which is an allowed use in the R-3 District; and NOW,THEREFORE, for good and valuable consideration,receipt of which is hereby acknowledged, and for the mutual promises and covenants contained herein, the following is declared: 1. Land Submitted to Declaration. That the undersigned hereby submits to this Declaration the real property described hereinabove as the Property, which Property(and all portions thereof)is, and shall be,held, transferred, sold, conveyed, and occupied subject to the covenants, conditions and restrictions set forth herein below, said covenants, conditions and restrictions to automatically be incorporated into all appropriate deeds and other conveyances of record, which said covenants, conditions and restrictions are deemed to run with the land and the interests therein conveyed. 2. Density Restriction. Notwithstanding the density allowed in a R-3 District in the Town of North Andover, the Declarant agrees to limit the density of any proposed"55 and Over" Residential Community allowed under the Independent Elderly Housing Provision of the North Andover Zoning Code, Section 14,to 57 dwelling units, in accordance with the Town of North Andover's Rules and Regulations. DEC 2 ' 2006 1 $0.4:r! 8PDC:41 S 3. Enforcement. It is expressly understood and agreed that the PROTECTIVE COVENANTS AND RESTRICTIONS contained herein shall attach to and run with the land and run for the benefit of the Town of North Andover. Enforcement of these covenants,reservations, and restrictions shall be by a proceeding at law and/or in equity by the Town of North Andover, acting by and through its Planning Board against any person or persons violating or threatening to violate any covenant either to restrain the violation and/or recover damages suffered by them for any violation thereof The Declarant, and its successors and assigns, shall have full right to enforce these PROTECTIVE COVENANTS AND RESTRICTIONS and recover damages. 4. Severability. Each and every one the covenants, conditions and restrictions, contained herein shall be considered to be an independent and separate covenant and agreement, and in the event any one or more of such covenants, conditions and restrictions shall, for any reason,be held to be invalid or unenforceable by a court of law, then all remaining covenants, conditions and restrictions shall nevertheless remain in full force and effect. S. Duration. All of the foregoing PROTECTIVE COVENANTS AND RESTRICTIONS shall continue and remain in full force and effect at all times against the owner(s)of any lot(s)in such Property, regardless of how title was acquired, for a period of thirty (30)years from the date of the recording hereof, after which time said PROTECTIVE COVENANTS AND RESTRICTIONS shall automatically be extended for successive ten(10) year periods,by an instrument which shall be recorded with the Essex North District Registry of Deeds by the owner(s)of the Property within the time prescribed by M.G.L. c. 184, §27. 6. Non-Waiver. The failure or delay of the Town of North Andover to enforce the restrictions, covenants or provisions hereof shall not be deemed a waiver of the right to do so thereafter as to the same breach or to one occurring prior or subsequent. 7. Amendment and Termination. The foregoing PROTECTIVE COVENANTS AND RESTRICTIONS may be amended, modified, and/or terminated by vote of the record titleholder of the Property and by the assent of the Planning Board for the Town of North Andover. Said assent and approval shall be at the sole discretion of the North Andover Planning Board and require a public hearing. Such amendment,modification, and/or termination shall not be effective until such time as it is reduced to writing and signed by the property owner and the Planning Board of North Andover and recorded in the Essex North District Registry of Deeds. 8. Successors Bound. All of the covenants, conditions and restrictions set forth herein shall run with the land, and the grantees of the property, by accepting the deed thereto, accept the same subject to such covenants, conditions and restrictions, and agrees for themselves, their heirs, administrators, successors, and assigns to be bound by each of such covenants, conditions and restrictions jointly, separately, and severally. I 2 WITNESS the duly authorized hand and seal of the Declarant this day of ) 2006. BERRY STREET TRUST BY: Margaret Fiore, Trustee COMMONWEALTH OF MASSACHUSETTS ESSEX,SS , 2006 Then personally appeared the above named Margaret Fiore, Trustee of the Berry Street Trust and acknowledged the foregoing instrument to be her free act and deed and the duly authorized act and deed of Berry Street Trust,before me, Notary Public My Commission Expires: 3 tAORTy pF�t1�10 'b �+ a OG F A 1.1— CH U5E��� PLANNING DEPARTMENT (ommunity Development Division Date: December 19,2006 To: Zoning Board of Appeals CC: Curt Bellavance,Community Development Director Gerry Brown,Inspector of Buildings From: Lincoln Daley,Town Planner 6) Re: Independent Elderly Housing Project—57 Units Andover Riding Academy,Berry Street Board Members: Pursuant to the Zoning Board of Appeals Decision dated November 27,2006(Petition: 2006-035) Condition#1,the Planning Department is providing a brief summary of the Planning Board Hearing process leading up the to July 2006 Town Meeting. ➢ On June 20, 2006,the Lisa Fiore and Cal Goldsmith appeared before the Planning Board to discuss rezoning the 28-acre parcel from it current zoning designation Village Residential to Residential 3 to construct a 57-unit over 55"active community"residential development. The Planning Board was C, receptive of the project and rezoning with the understanding that the number of total dwelling units would be restricted to the 57 and that project would in fact be over 55 housing. The Planning Board asked that a covenant be constructed, signed,and in place before Town Meeting. Further,if the rezoning were approved at the Town Meeting,the project would require formal approvals from all Land Use Boards before being constructed. ➢ On July 10,2006,the Planning Board conducted a public hearing to formally recommend favorable or unfavorable action regarding the rezoning of the 28-acre parcel. After some discussion regarding the language of the covenant,a signed document was in place. The Planning Board was generally satisfied with the proposal as shown by the applicants and voted favorable action on the Town Meeting Floor. CLE E 1 2006 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9535 Fax 918.688.9542 Web www.towoofnorthandover.com BWD OF APPEALS A NORTH tt,2G ;6 qH° ti coc SSACHUS� Town of North Andover Special Town Meeting July 10, 2006 Planning Board Report The Planning Board makes the recommendations regarding the following Town Meeting warrant articles as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code: Article# Description 13. Amend Zoning May — 16 Berry Street from Village Residential (VR) to Residence 3 (R3). To see if the Town will vote to make the appropriate changes to the Town of North Andover Zoning Map, pursuant to Section 3.2 of the Zoning Bylaw to rezone the property located at 16 Berry Street from the current zoning designation of Village Residential (VR) to the proposed designation of Residence 3 (R3). The property consists of approximately 28 acres of land. A description of the property can be found on Maps 106D and 107B, Parcel 33 of the Town of North Andover Assessor's Map. The property is further described in Book 1524, Page 103 at the Essex County Registry of Deeds; or to take any other action relative thereto. Petition of Margaret Fiore and others RECOMMENDATION: Favorable ❑Unfavorable 10 q �I acv .? 2006 1 ROA'')CP APPEALS Letter of Transmittal Goldsmith, Prest & Ringwall, Inc. Civil&Structural Engineering Land Surveying- Land Planning GPRs4� 39 Main Street,Suite 301,Ayer, MA 01432 info@gpr-inc.com T(978)772-1590 www.gpr-inc.com F(978)772-1591 To: Zoning Board of Appeals Date: October 27,2006 Division of Community Development and Services Job No: 05.1059 Map/Lot 1600 Osgood Street, Subject: Variance Application 106.D/33 Building 20, Suite 2-36 Berry St. No.Andover, MA Hitching Post Commons (Fiore Property-formerly Attention: Mitch Andover Riding Academy) We Are Sending You: X Attached Via mail FEDEX Under separate cover hand AM PM The Following Items: COPIES DATE NO. DESCRIPTION 12 10/25/2006 Revised site plan for variance showing actual building footprints on the plan; 1 10/25/2006 Mylar copy of site plan for variance Disposition: For approval For bids due X For your use Approved as noted For review and comment Returned after loan to us Please contact me if questions Returned as requested I will contact you X As requested Remarks: Mitch, Re.the variance application already filed for the Berry Street property: Enclosed are the revised plans and the mylar,all stamped by an engineer and a surveyor. We also owe you elevation views (4 sides)and floor plans of both types of the buildings on the plan,which David O'Sullivan's office will be bringing to you Monday the 30th. Thank you again for y kind as stance. Signed: Ca Goldsmith,VP Copy To: file OC T 7 2006 page 1 of 1 OOA ;I LORTN O� . 4. F SSACHU`+t� (` TOWN OF NORTH ANDOVER PLANNING BOARD June 20,2006 Town Hall, 120 Main Street 7:00 PM POSTPONEMENTS: 1.Jack Hashem,Lisa Lane,Map 98A,Parcel 75 -Two lot Definitive Subdivision. First meeting date to be May 2nd. Decision due: July 14,2006. Applicant wishes to continue until July 18`h PB meeting. 2. Denise Grasso,245 Bridle Path,Map 64,Parcel 74. Watershed Special Permit to, construct a 24'x36' garage. First meeting date April 25th. Decision due: June 30, 2006. Petitioner needs to go in front of ZBA first, Applicant wishes'to withdraw without prejudice. ' PLANNING BOARD "OLD BUSINESS": ( 3. John F. McGarry-530 Turnpike Street,bond release for Site Opening Bond for $5K. 4. Sherwood Drive/Jared IV Subdivision -Completion of subdivision roadway and tot- ' lot. 5. CVS Pharmacy - located on Rte. 114/Turnpike Street. Stone Wall in disrepair. DISCUSSIONS: 6. Lisa Fiore-Andover Riding Academy, 16 Berry St.,Map 106& Parcel 33-request to rezone property from V-C to R-3 in order to construct an Active Adult Community for over 55 proposing 57residential units. F DRAFTED DECISIONS: 7. Arthur's Pizzeria, 1060 Osgood Street.,Map 35,Parcel 29—Modification to the approved Site Plan Review Special Permit to construct a drive-through. 2406 Planning Board agenda f 1i G Ci J June 20,2006 Page 1 ���rn nr 1;]C4i S f HOR7H H � 4TLto fit.tiO O cn 2 3 ��SSACHU`'£`�y ( 4 TOWN OF NORTH ANDOVER 5 PLANNING BOARD 6 "Minutes of the Meeting" 7 June 20,2006 8 Town Hall, 120 Main Street 9 7:00 PM 10 11 Members present: Richard Nardella, Chairman 12 John Simons,Vice Chairman 13 Alberto Angles 14 Jack Green 15 16 Members absent: Richard Rowen, acting Clerk 17 18 Staff present: Lincoln Daley, Town Planner 19 Mary Ippolito,Recording Secretary 20 21 Richard Nardella, Chairman called the meeting to order at approximately 7:05 pm and 22 introduced the panel to the assembly and stated that there were 3 members present and he 23 would open the meeting. 24 25 Chair announced the following postponements: 26 27 1. Jack Hashem,Lisa Lane,Map 98A,Parcel 75-Two lot Definitive Subdivision. First 28 meeting date to be May 2nd, Decision due: July 14, 2006. Chair stated that Lisa Lane a 29 two lot definitive subdivision would be continued until the July 18th PB meeting. 30 31 32 2. Denise Grasso,245 Bridle Path, Map 64,Parcel 74. Watershed Special Permit to 33 construct a 24x36' garage. First meeting date April 25th. Decision due: June 30, 2006. 34 Petitioner needs to go in front of ZBA first. Lincoln stated that the applicant wishes to 35 continue until July 18th meeting and does not wish to withdraw without prejudice. 36 Chair announced that 245 Bridle Path a Watershed Special Permit would not be 37 withdrawn without prejudice as the petitioner did not submit a letter requesting to do so. 38 Petitioner did not submit a letter to continue until the July 18 PB meeting,therefore the 39 Board was presented with a dilemma. Upon a motion by Jack Green, 2' by Alberto 40 Angles to condition to deny this application unless the petitioner submits a letter to 41 continue and waive the time constraints for the PB to bring in a decision. Board voted to 42 request the petitioner to submit a letter requesting to continue within 48 hours, if the letter 43 is not submitted then the Planning Board is instructed to revoke the condition and to deny 44 the applicant and to schedule another ad/hoe meeting prior to June 30, 2006. Vote was 45 unanimous. 46 47 48 Planning Board Minutes of the Meeting June 20,2006 Page 1 I PLANNING BOARD"OLD BUSINESS": 2 3 3. 530 Turnpike Street. Chair read a letter from Mr. Mc Garry requesting that his bond for ( 4 a site opening of M be released. Mr. McGarry submitted a letter from his engineer 5 and an as-built plan of land for 530 Turnpike Street, construction of an office building. 6 Motion by Alberto Angles, 2"d by Jack Green to release all bond money plus accrued 7 interest to Mr. McGarry relative to 530 Turnpike St; vote was unanimous. 3-0, 8 9 10 4. Sherwood Drive/Jared IV Subdivision-Completion of subdivision roadway and tot- 11 lot. PB wishes to seize bond money to repair road. Lincoln stated that steps are being 12 taken to research how to seize bond money and was advised that the process should go 13 thru Town Counsel. If the amount of the bond is over$100,000.00 an article will need to 14 be placed on the Town Warrant and then voted on at Town Meeting. Chair wants to 15 seize the money now and give it to DPW to repair the road. Board keeps hearing all the 16 reasons why if the bond money is over a certain amount to seize the bond requires a town 17 meeting to vote to seize the bond money. Chair instructed Lincoln to go forward with the 18 process to seize bond money,however,put a cap on the amount don't seize more than 19 $99,999.00. Jack Green stated deal with each and every bond one by one to release it. 20 Hold this public hearing on July 18th and Board will vote to release the bond money. 21 Lincoln stated that the Planning Department has one estimate of$109,000.00 to complete 22 everything on the checklist. Motion by Jack Green to seize bond monies for Jared IV 23 subdivision,2nd by Alberto Angles,vote unanimous. 24 25 26 (Please note: John Simons is now present). 27 28 29 5. CVS Pharmacy -located on Rte. 114/Turnpike Street. Stone Wall in disrepair. 30 Chair stated he tried to contact the management at CVS but couldn't get thru to anyone, 31 keep this as an open issue until he gets to the proper management relative to the issue of 32 the disrepair of the wall. 3M 34 35 DISCUSSION ONLY: 36 37 6 40R Smart growth project: Lincoln discussed what is on the table for the July 10th 38 Special Town Meeting such as 40R project. Chair discussed the 40R issue, and if a 39 developer agreement should be established before going to Town meeting. Board stated 40 this is the largest development presented in over 20 years. Board would like a 41 presentation done by Curt Bellavance as to what's involved in the 40R,Board concerned 42 that if they create the new zone does this give a developer the right to come in and 43 develop something automatically? Lincoln stated the language in the 40R is specific as 44 to what can only be built. Chair wants Lincoln to express the PB deep concern as to 45 where this matter is moving. Curt to make a presentation. PB option is to vote not to 46 recommend for favorable action. Lincoln to count the number of signatures on the 47 petition to check if it accurate or not. If this is contingent upon the language in the 48 developer's agreement in hand read it and if the BP votes to approve does this Planning Board Minutes of the Meeting June 20,2006 Page 2 i I automatically grant the project? PB is in a compromising position due to the scheduling 2 of a public hearing. 3 ( 4 5 DISCUSSION ONLY: 6 7 7. Lisa Fiore-Andover Riding Academy, 16 Berry St.,Map 106& Parcel 33-request 8 to rezone property from V-R to R-3 in order to construct an Active Adult Community 9 for over 55 proposing 57residential units. Cal Goldsmith, Engineer was present tonight 10 and stated that the portion of the property to be reconstructed is located primarily on 11 Berry St. It's 28-acre parcel, approx. 3 t/2 acres between two existing homes to remain 12 and 4 acres comprised of ponds and wetland on property. Under V-R zoning could 13 develop single-family homes, instead of creating dwellings allowing for children, no one 14 is allowed to live in project under 18 years old. 19 three-unit buildings under R-3 is 15 what they want. They want to move this project for a vote at Special Town meeting of 16 July 10th. Utilizing low impact drainage on the site. Site is flat so drainage will go 17 where they want it to go. Presumed value of units will generate approx$300K per year 18 to the Town. Each unit in the building is approx 2400 s.f. Mr. Goldsmith presented a 19 revised plan tonight to the PB. Board asked about driveway near bldg 16? It's 20 feet 20 wide. PB fears that if they recommend for rezoning then if they find out they can't 21 approve what's going on the site under the proposed zoning? This is a last minute thing. 22 PB doesn't want more than 57 units put on this site. This has to go in front of Con/Com 23 and ZBA as well. ZBA would like a screening barrier located across the front of Berry 24 St. PB needs more time to review the covenant prior to the July 10th meeting. PB 25 advised Mr. Goldsmith to get the covenants from the developer and submit them to 26 Lincoln to send to PB, covenant runs with the land 2.25 units per acre in order to keep 27 the density. If applicant wants PB to consider this then get covenant to Lincoln way 28 before the 10th so he can review documents and make recommendation on the 10th and 29 do so ASAP. Issue is to determine the unit per density. Lincoln make recommendation 30 as to what kind of uses to take out of the covenants do it in the next couple of days. 31 32. 33 Sign molar 34 35 6A Cullen property,Osgood Street, Board to sign mylar&ANR application later 36 tonight. 37 38 39 DRAFTED DECISION: 40 41 7. Arthur's Pizzeria, 1060 Osgood Street,Map 35,Parcel 29—Modification to the 42 approved Site Plan Review Special Permit to construct a drive-through. 43 Chair stated only 4 members are present tonight; therefore all 4 members would have to 44 bring in a unanimous vote in order for this to be granted tonight. Chair took a poll and 45 PB agreed to vote this tonight. Arthur was present and stated that he spent a large 46 amount of money in the building, he presented a petition signed by people in favor of the 47 drive up window, he feels there are other businesses in town with drive thru windows 48 already. Appears that the PB is split tonight. Chair stated that the Fire Chief had Planning Board Minutes of the Meeting June 20,2006 Page 3 5 CONTINUED HEARINGS: ( 8. Stephen Smolak,425 Waverly Road.,Map 22 Parcel 130 - Site Plan Review Special Permit to construct a four unit residential dwelling into a three unit residential dwelling. (Continued from May 30, 2006) 9. David E.Murray,Manager, 1503 Osgood Street, Map 34, Parcel 7—Site Plan Review Special Permit to redevelop a portion of the property to construct an automobile service station for gasoline sales with no automobile repair,retail convenience store and deli, and drive-thru doughnut shop. (Continued from May 30,2006) 10. First Calvary Baptist Church,586 Mass.Avenue,Map 45B, Parcel 18—Special Permit to install 3 panel antennas concealed within the existing church spire and 3 proposed equipment cabinets. (Continued from May 30,2006) PUBLIC HEARINGS: 11. Scott Coletti,Riverview Street Extension,Map 72,Parcel 1 & 13-Preliminary Subdivision. Proposed three(3) two-family residential dwellings. ( 12. Channel Building Company, 150 Flagship Drive,Map 25,Parcel 82 - Site Plan Review Special Permit, for warehouse expansion of 11,074 s.f. MINUTES: Approve the April 18, 2006 &May 2, 2006 &May 30, 2006"Minutes". UPCOMING PLANNING BOARD MEETING INFORMATION: ➢ July 18,2006 regularly scheduled PB meeting. ➢ August 1, 2006 regularly scheduled PB meeting. ➢ August 15,2006 regularly scheduled PB meeting. Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. i, Planning Board agenda June 20,2006 Page 2 I previously expressed his concern in opposition of this petition. Motion by John Simons 2 to approve a Modification for a Site Plan Special Permit for 1060 Osgood St.,2nd by 3 Chairman Nardella to approve; voting in opposition Alberto Angles and Jack Green. 4 Vote was 2 in favor and 2 in opposition,motion didn't carry petition denied. 5 6 7 8 CONTINUED HEARINGS. 9 10 8. Stephen Smolack,425 Waverly Road.,Map 22 Parcel 130 - Site Plan Review Special 11 Permit to construct a four unit residential dwelling into a three unit residential dwelling. 12 (Continued from May 30, 2006) Tony Cappacetti of Christensen and Sergi, was present 13 tonight. He received a Special Permit to have a 4 unit in R-4 plan approval from ZBA 14 and obtained a foundation permit. Mr. Cappacetti presented a letter from Gene Willis in 15 approval of petition(letter for the record). Issue of a drainage discharge will actually 16 decrease the runoff on site on 50 to 100 year flood plan. Chair read Lincoln's letter 17 regarding rehab if number of units allowed on this site. Atty. Johnson was present and 18 will submit an answer soon. PB reviewed draft decision tonight. Put a$5K site opening 19 bond amount in the decision. Put a$5K as built bond amount in decision tonight. 20 Motion by John Simons,2nd by Jack Green to close the public hearing tonight vote was 21 unanimous 4-0. Motion by Alberto Angles, 2nd by John Simons, to approve a Site Plan 22 Review Special Permit as conditioned tonight, vote was unanimous. 4-0. 23 24 25 9. David E. Murray,Manager, 1503 Osgood Street, Map 34,Parcel 7—Site Plan 26 Review Special Permit to redevelop a portion of the property to construct an automobile 27 service station for gasoline sales with no automobile repair,retail convenience store and 28 deli, and drive-thru doughnut shop. (Continued from May 30,2006) Atty. Smolack was 29 present tonight and stated that VHB submitted responses on June 19th,Mr. Smolack's 30 engineer will review the changes made on the plan tonight. Frank Montaro,MEF design 31 engineer made comments regarding parking,he revised the parking spaces eliminated 32 three spaces and opened up the aisle 24 feet. Added 4 more parking spaces behind the 33 convenient store. Still have 30 total parking spaces. Designated 7 parking spaces if 34 needed. Mr. Montaro submitted a memo tonight(letter for the record). He presented a 35 colonial design rendering of the building, contains cedar shakes from the window up, 36 stained white. PB stated the applicant's engineer submitted a good plan and also 37 addressed the PB questions appropriately. A four-foot chain link fence was added along 38 corner of the lower left parcel. Motion by John Simons, 2nd by Alberto Angles to close 39 public hearing tonight,vote was unanimous. 4-0. Board made edits: change revised plan 40 6/8/06. Do a$5K site-opening bond, and roll it into the other bond. Mr. Smolack raised 41 issue of sprinklers by Fire Dept, the decision references a building sprinkler. PB does not 42 want to remove the sprinkler language in this decision, language stays in the decision. 43 Motion by John Simons, 2nd by Alberto Angles to approve a Site Plan Review Special 44 Permit as amended this evening, vote was unanimous. 4-0. 45 46 47 10. First Calvary Baptist Church,586 Mass.Avenue, Map 45B, Parcel 18—Special 48 Permit to install 3 panel antennas concealed within the existing church spire and 3 <<_ Planning Board Minutes of the Meeting June 20,2006 Page 4 t�7 1 . � 1 proposed equipment cabinets. (Continued from May 30,2006) Peter Morin, 2 representative of Omnipoint was present and briefly described the project and also asked 3 for feedback from Town Counsel. Mr. Angles read the response from Atty. Urbelis into (y 4 the record. Discussion ensued regarding the placing of an antenna inside a roof should 5 one so desire,however,this would still require a special permit from the PB and would 6 not require a variance from the ZBA. There are cabinets to be constructed but will be 7 contained in the first floor. Camel Jori,radio frequency Engineer was present tonight 8 and explained first floor contains 3 bay stations, and equipment is indoors and contains 9 radios and CPU's and run cable to the equipment. Board wants to know if Fire Dept. 10 requires permits for this, Lincoln stated that they have no issues per the TRC meeting. 11 PB wants applicant to add a few more shrubs to hide the cooling unit from site. Noise 12 effect information is included in the application. Package submitted by electrical 13 engineer stated what the noise limits are and stated that the noise is below the statutory 14 requirement it will be approx.37 DBA. No opposition was present in the audience 15 tonight. Motion by John Simons, 2nd by Jack Green to close the public hearing, vote 16 unanimous 4-0. PB directed staff to draft decision. Put in decision to sprinkle the 17 building/steeple. 18 19 20 PUBLIC HEARING: 21 22 11. Scott Coletti,Riverview Street Extension,Map 72, Parcel 1 & 13-Preliminary 23 Subdivision. Proposed three(3)two-family residential dwellings. Atty. Sears was 24 present to represent Mr. Coletti. Board stated that the actual formal hearing is at a 25 definitive subdivision application approval. Larry Graham and John Consalves, 26 engineers were present tonight. Atty. Sears stated that Mr. Coletti has been working on 27 this for l+years. Larry Graham, Engineer stated that the property is zoned for R-4, 28 proposal for 3 lots from 13K s.f. up to 26K s.f., other lot is 19K s.f. There is no 29 dedicated turnaround with an easement or right away currently in gravel drive condition 30 for that non-dedicated turn around used by the applicant. Proposal includes a turn 31 around T type, in center 25 foot radius to accommodate passenger vehicles. Current 32 dwelling of Mr. Coletti's would have to be relocated back on the lot. Dwelling units 33 will be served by existing utilities, and existent hydrant on land. Place pumps to go 34 into existing sewer on Riverview St. They may have to go to ZBA if they decide to go 35 further with other two lots. Issue of how far the flood plain water would go was 36 addressed. Board stated we experience a flood about every 5 years; we are not required 37 to approve an application located in a flood zone. John, Consalves, Engineer stated 38 how the crawl space(teller)is built it doesn't have any headroom. Much discussion 39 ensued between the Board and engineer also there appears to be a lot of constraints with 40 the location of railroad and existing river and pervious moving of water and detention 41 basins and how it functions and storm water management policy. Lincoln to check on 42 the flood maps located in our office and get the current rev. date. Frontage on plan 43 shows 151 feet there is an error on the plan submitted. Lincoln stated there are issues 44 of application completeness. DPW has issue with the design of the roadway regarding 45 access for larger vehicles getting in and out on the site. Atty. Sears stated he would 46 provide additional information to address the issue with the DPW and VHB. John 47 Conlen, abutter was present and has concerns. Mr. Conlen owns a garage and the 1 48 property across the street,with the recent floodwater the way it came up the picnic table \, Planning Board Minutes of the Meeting June 20,2006 Page 5 i I &fence went floating down the river. He has safety concerns. The street itself has an 2 easement of 14feet from garage from his yard,how will big trucks get back and forth in 3 the wintertime? It's tight to get one car back there let alone two cars. Can developer 4 put in low income or apartment buildings? PB explained the uses in R-4 zoning 5 district. Applicant spoke of 40B being put in there Board would assuming that the 6 ZBA would not approve the 40B in this R-4 district. The river runs right thru 7 Riverview Street now. PB stated that all of the drainage issues go thru consultants to 8 sort out the drainage issues; also detention ponds are issues for outside consultant to 9 look at. His sewer is located in front of garage and proposed units will have to hook up 10 to his existing pump system? PB stated this is what the engineers will look at. 11 Michelle Kierston, abutter was present and stated that she agrees there are road issues, 12 there are barrels and cones there for months. She's hoping to see improvements 13 because many vehicles back into her driveway and had her vehicle crashed into, there 14 are a number of young kids on her street. Snowplow trucks and electric company 15 vehicles parked in her place because there is no place else now for any vehicles. She 16 would welcome a place for these vehicles to find a place to park. She feels this is a 17 beautiful piece of property and lots of trees there now, something is going to go down 18 there eventually, as long as they are private homes,versus a lot of people fishing and 19 boating taking place now. Debbie Conlen, abutter was present and she has a deed 20 stating she owns from her garage to her house,where does Riverview Street end? 21 Engineer pointed to the plan and showed where an easement is located,they want to 22 access property thru easement because Mr. Coletti owns an easement. There is an issue 23 with the 22 feet of road as it drops down approx. 30 feet. PB agreed to continue until 24 July 18th PB meeting and instructed Lincoln to draft a decision. 25 26 27 PUBLIC HEARING: 28 29 12. Channel Building Company, 150 Flagship Drive, Map 25,Parcel 82 - Site Plan 30 Review Special Permit, for warehouse expansion of 11,074 s.f. Original decision 31 approved by PB 1996,now petitioner wants to build the proposed warehouse. John 32 Corrigas, of Channel Building was present and presented an over lay of the previously 33 approved plan and the proposed addition in brown. A small corner was left open as a 34 receiving dock. Utilities are under ground. Flagship Press is the current occupant. A 35 TRC meeting was done. Loading dock was part of original facility. Now the reduction 36 of approx. 2K feet is in front of the PB tonight. Noise level from condenser units was 37 addressed and storm water run off and construction of swale and structure that held 38 water run off and prevented it from entering abutters housing. Warehouse expansion is 39 required in order to store paper etc. Existing lights are located on left hand corner of 40 plan. Motion by Alberto Angles,2nd by John Simons to close public hearing tonight 41 vote was unanimous 4-0. Lincoln to draft a decision for the next July 181h meting. Pull 42 the data from the last decision and give a copy of last decision to PB. 43 44 45 46 MINUTES: Approve the April 18,2006 &May 2,2006 &May 30, 2006"Minutes". 47 Motion by Jack Green and 2nd by Alberto Angles to approve"Minutes"of April 18, May 2, 48 and May 30th,vote was unanimous. 4-0 Planning Board Minutes of the Meeting June 20,2006 Page 6 1 2 3 UPCOMING PLANNING BOARD MEETING INFORMATION: 4 Julj,, 10 2006 Special 'Cowi-1 jectirig. 1'B'1 O 1'(l (:'1' A'1' >:>0 1'kl T 111(31-1 5CIlt)(:)1.., 5 ➢ July 18, 2006 regularly scheduled PB meeting. 6 ➢ August 1,2006 regularly scheduled PB meeting. 7 ➢ August 15,2006 regularly scheduled PB meeting. 8 9 10 11 Motion by Jack Green,2nd by Alberto Angles to adjourn tonight's PB meeting,vote 12 unanimous 4-0. Meeting adjourned at approximately 10:30 pm. 13 14 15 By order of the Planning Board 16 17 18 19 20 21 Approved 22 i tPlanning Board Minutes of the Meeting June20.2006 Page 7 A� , Town of North Andover Planning Board Informal"Minutes" July 10, 2006 North Andover High School, room 1131 6:00 PM Members present: Richard Nardella, Chairman Richard Rowen, .acting Clerk Members absent: John Simons, Vice Chairman Alberto Angles Jack Green Staff present: Lincoln Daley, Town Planner Mary Ippolito,Recording Secretary Please note, that because a quorum was not present the meeting was not called to order. The following minutes are for informational purposes. Chairman Nardella was present and spoke with Lisa Fiore-Fox who was present on behalf of her mother Margaret J. Fiore. The Fiore's presently have an article placed on the warrant to rezone their property at the Special Town Meeting of 7/10/06. The subject of the meeting was relative to the wording in a proposed covenant. attorney Vin Manzi was also present and discussed the subject of the declaration of protective covenants, conditions, and restrictions relative to Berry Street Trust u/d/t. Attorney Thomas Urbelis was also.present and spoke of the statue of M.G.L. #184 and how it relates to Section 5 of the covenant. Atty. Urbelis stated that the Planning Board should put the language of the covenant into the language of a Special Permit if and when a Special Permit is approved by the Planning Board. In particular;vection 5. Duration. At 6:.30 PM the members of the Board left the meeting in order to join the Special Town Meeting. 1 k, Agenda July 10, 2006 Planning Board Time: 5:30 pm Place: North Andover High School Location: Room 1131 Lisa Fiore and others, Andover Riding Academy, 16 Berry Street, North Andover. Town Meeting Warrant Article: To see if the Town will vote to amend the Zoning Map of the Town of North Andover to rezone a parcel located at 16 Berry Street from the current zoning designation of V-C to R-3. r— � / \ ire Cq C) � a N 0000 0000 pp Mll0000 0000 m 0000 0000 d 0000 0000 0000 0000 0000 0000 z 0000 0000 0000 0000 0000 0000 a a a o0 F b BUILDING FQONT ELEVATION NOT TO SCALE o � � 6010 z� l�rlll N bo Of s°ALEv Hitching Post Commons O'SULLIVAN ARCHITECTS, INC. 0 2' 10' 20'FM ARCHITEC URE DESIGN PLANNING No. Andover, MA 0/30Ae Zo, Ed9a ata C'iv 3, seta 01 S•Wa afield, MA 01080 Tel: (76'1)246-1667•F— (761)246-1 S63•WWW,OSULLIVANARCHITECTS.COM O 200 O'SNllven Archilecls Inc. r- a N N Li EHE IFI-11 M FEBJI cn 't LLU U TF- > than BUILDING REA2 ELEVATION ark t' zo NOT TO SCALE f fidO 601f) 1 ki U IHl, U lV1A ' U ALE° o Hitching Post Commons O'SULLI AN ARCHITECTS, INC, 0 2' 10' 20' ARCHITECTURE • DESIGN • PLANNING �7 NO- Andover, MA 1o3om6 2oti E,:i ® .ester swte 27 s•W.k-field, MA,01 aao x Tel: (761)246-1667•Fex: (761)246-1663•WWW,OSULLIVANARCHITECTS.COM 02008 O'SUH—Nrnlleasl— a N CA C14 IFEEIIEBI ILLEHULLH N \ O \ cn O b0 3 > bTYPICAL SIDE ELEVATIONS _ ,,, , �• r:s ' O NOT TO SCALE z �-' �t13 seen ry o 'j c" f0A U w _ .5 U V SCALE:.14 Hitching Post Commons �, O'S UL IVAN ARCHITECTS, INC. 0 2' 10' 20' AFiCHITECTU RE MESIGN • PLANNING No. Andover, MA 207 dpawatar orl a, s 1Pa 21 S •WaK6P191d. MA 01 8H0 iI TBI: (761)246-1667•FOx: (761)246-1663•W W,OSULLIVANARCH ITECTS.COM O 2008 CIS—.MCM11—Ix. F-- 108'-2" Ct DEMISING WALL DEMISING WALL 36'-O' 36'2" 36'-0" DECK 12•-oxl2'-O• OPTIONAL SKYLIGHT 11 DECK Iz-oxlz-o• OPTIONAL SKYLIGHT LIVING L J DECK 18'-0-X13'-0' _ _ 12'-0'X12'-0' MHEDROOM � OPTIONAL 16'-IO -0' SKYLIGHT L J L J L J LIVING IV MHEDROOM r r 16'-IOXI3'-0O* WIC 8'-6X5'- L J L J J LIVING M BATH 18'-0'X13'-O' DINING 14'-4-XII'-10- — — — M6EDROOM F r 14'-8X10'-10' �� 16'-10'X13'-O' -6X5•- L J L J O �• 14'4XTIIH'-10' C � DINING — — —d56 g D LAV 14'-B'XIO'-10' 5'-10'X5' WIC ® 1 KITCHEN Q 0 M BATH p-' 10'-5'X9'-6' 14'-4'X11'-10' ,,, END UNIT � LA 010 2154 S.F. 10'x5' c o N FOYER STUDY/ KITCHEN O � 13'-4'X9'-8' DINING ROOM MID UNIT 10'-5'X9'-6' � o O 13'-4'X11'-10' N LAw. 2154 S.F. to �1oxs- D sK 7'-2x5'-T STImY/ DINING ROOM 13'-4-X9'-B' D O % 13•-4X11•-10' END UNIT LAW. r2Xs-7•� 2154 S.F.PRCHSTUDY/ FOYER13-6-X5'-0- DINING ROOM 13'-4'X9'-8'N13'-4'X11'-10• 2 CAR GARAGE PORCYI LEA ^, 13'-6'X5'-0' \ 2 CAR GARAGE .d PORCH e f!/ „Lf Q13'-6X5'-0' O 2 CAR GARAGE z +� N .16010 "q n A = 2 BUILDING FIQST FLOOD PLAN U SCALE: Hitching Post Commons O'S ULLIVAN A CHITECTS, INC. 0 2' 10' 20' ARCHITECTURE C7ESIQN PLANNINC3 � No. Andover, MA 101MAe 201 Edgewater Mriva, 0-it-21 S WaKaTield, MA o1 aeo TBI: (781)245-1667•Fax: (781)246-1683•WWW OSULLIVANARCHITECTS.COM O 2006 O'SUM,Amhft is Inc. r� 108'-2' DEMISING WALL DEMISING WALL 36'-0" 36'-2" 36'-0" — — — — — — — — — — — — — — — — I1 0 -- - - - - - - - - - - - - I - - - — - - � � I I � I-W I � 9'-0X5'+6 Q .I LOFT 9. .X6' L_ 20'-O'XI9•-8' W1C a O I ❑ X ATN LOFT �O'X6'-O 2o-O'X19•-a' a � I I I F,,, OBAT14 31 \ BEDROOM L_ -J 9'-0'X6'-O LOFT j 20'-O'XI9'-8' � \ 14'-5'X11'-10' O BEDROOM �O I CL14'-5'X11'-10- S �� I N I O _ I M — '' BEDROOM 14'-5'X11'-10- � bb 'b V/ A 71 - - - — z I � ,n I I C fro _'� 0 P-1 I _- an II' U U SCALE: Hitching Post Commons O'SULLIVAN ARCHITECTS, INC. ^' 0 2' 10' 20' ARCHITECTV RE o�o - �6SIGIV - PI_ANNING3 No. Andover, MA me 20 Edg—t—o'l—. s to 27 6-wo<onold, "—07 080 W Tel: (781)246-1667-Fax: (781)246-1683-WWW.OSULLIVANARCHITECTS.COM .2006 O'SWiven Nchllecls 1— HITCHING POST COMMONS North Andover, Massachusetts FRONT ELEVATION CONCEPTS 0 A GILLIS HOMES COMMUNITY R �tnnt�n���tnn��ttn_�ts�nonmu� III Bill it ®:; "e:�/� �'#% r t r� ._� ` .'■ 4ti ' !/i I ®�.�■_�a���.�-l� I■-11a�1111/��• .�. � ► .- . �I�I�I�����r.� �. it �� � .� I' �� i ®I■ ■ cl owl■ i"'� — - • Alm, Ui:" IO Oil ase°`" iennnnula �7!- Jxv � %� ��� i�{'w I �1�� ' • ' ' � -� ;arra/nrn�•� _ RIt�%1�`.�{ Iii�_""`", r®.E..q:..� YIi►./9■■1 rr.►r�{IJI�I� �� _ p It, i' ��I'I'{II1- �t`.�t���l__ I1Nli 1 i urs Il , �, �■R i� i _ mkm F 7r FT a r (SIDECYPRESS ASPEN CRAFTSMAN a ► a • ��r�I�r,�O,.�`�.��l�,�iJ��iil,�il/l��i��t.��.'���`��"y►�r'�Ir�. - �w�� ►lrle�� �i.I q� .\ 4l;II virMe I�I//Ir.� ■%�.� � � ��T r....�- i.�R fir'" " � _ "= j'�;rfi/!f `i�a� i�JjG►AW,r.S ��c � ,'��J. � E.,r.,a I� •4��V ® ® . ■ 1.:n S.�aj', ��/.i�ti JMj�;,,!![((a nil (t``--r l • CYPRESS ASPEN • HITCHING POST COMMONS North Andover, Massachusetts [I�KPYLI IONAL SCREEN PORCH The Aspen - 2 , 239 sq.ft. GH 1 (SKYUGHTI2'-0"X 12'-0" -- ------------ 1 ---- ------ - I I I I I I LIVING MASTER BEDROOM CATHEDRAL CEILING I VOLUME CEILING I ---_ 18'-0"X IT-O" I 16'-10"X 13'-0" I I I ISKYLIGHTI 1 ) I I I I5KYUGHTI I I I I LI E WIC LI E WIC WIC I 8 6"X ' ® '-6"X 5' DINING 9 M.BATH I ATTIC I �T BATH 14'-4"X I I' I 14'-8"X 10'-10" LccEs j 1 '4"X 6'-4 C LOFT I 20'-0"X 19'-8" I O ER 0 ER II RO ROO I�SKI C ,_1 „f x 5,_6„ O I I X 5'-6' f16;'X 5'-6' ` _ I I KITCHEN I I ALTERNATE M.BATH PLAN 10'-5"X 9'-6" i GUEST BEDROOM i 14'-5"XII'-10" I FOYER i STUDY 13'-4"X 9'-8" j I --1 13'-4"X I I'-10" r--- --- ---- - - -- i I i LAUNDU.1 7'-2" 5 SITTINGI AREA T-2"X 6'-3" TU' I PORCH I I IT-6"X 5'-0" i I i L------------ I I I i I 2 CAR GARAGE I I I I 1 I I I I I I I i I I I I First Floor Plan Second Floor Plan 1 ,515 sq.ft. 724 sq.ft. L---------------------I YJ71IW LCIr'Jb 11'; ':j I U b d d t54 I b HEAL IH HAUL UJ/21 }t; if .� 41 VED TOWN OF NORTH ANDOVER VARI %�,eK'S ZONING BOARD OF APPEALS216 OCT13 Pi A 1: NAME: Margaret J. Fiore, Trustee of Berry Street Trust ADDRgSS OF APPEAL.: 16 Berry Street, North Andover, Massachusettsgo'::;roWircmerxrnr.sm� IItiJ�d r1tVv :�•i <i Procedure & Requirements for an Application for a Variance Ten(10)copies of the following information must be STEP 6:SCHECUUNG OF HEARING AND submitted thirty(0 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning&mrd of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as lncorri e. notice for Mailing to the parties in interest(abutters)and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cast of the Party In Interest fee. supersede them. The petitionerw+tf complete items gP 7:DELIVERY OF LEGAl`,NOTICE TO that ar+e_unde[ [18d NEWSPAPER The petitioner pocks up the legal notice from the Office STEP 1: AIWNISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: AML-,VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf,or be Petitioner completes an application form to petition the represented by an agent or attorney. in the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required io items 1 through and including i 1 shall be petition,the Board shaft decide:on the matter by using completed. the information it has received to date. STEP$: PLIW_F'l1P-fflA'11ON:. STEP 9: DECISiiON: Petitioner submits all of the required plan information as After the hearing,a copy of the Board's decision will be cited In page 4,section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts SPEP 4: OBTAIN LLST OF WTIES IN INTEREST: General Law ch.40A§17,within twenty(20)days after The petitioner requests the Assessof's Office to compile the decision is filed with the Town Clerk. a certlfted fist of Parties in interest(Abutters), STH 10: RECORDING TW DECISION AND PLANS. STEP 5: LIBRU ARM:19AMN: The petitioner is responsible for recording caMfication of Petitioner submits one(1)original and tart(10)Xerox the derision,the Mylar,and any accompanying plans at copies of all the required information to the Town Clerk's the ommssex County, tyt,North Registry of Deeds,381 Office to be ce#ifif~d by the town Clerk with the time complete the and date of fdbrg. The anginal will be left at the Town Certification of Recording form and forward it to the Clerk's Office,and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building the Zoning Board of Appeals secretary. DepaAr nerd, IMPORTANT PHONE NUMBERS: 978888-9533 Office of Community Dev.S Services North Andover Town Hall 1600 Osgood Street, 120 Main Street North Andover,MA 0150 978.6913501 Town Clerk's ofke 979-688-9542 fax for Community Development offices 9784688-9568 Assessor's Office 978-OW95U Bullring Department D 7"r,l 'ng Board of Appeafs Office NAGE 1 of 4 OCT 1� 2 2006 BOARD OF APPEALS PAGE 04/21 PAGE 2.OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 1. Petitioner: *Name, *Address and telephone number: MPrgqrLzf .-T pe of gerru 4tract Trust 16 Berry Street North Andover, MassachuseHo *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Ownefrso of Land: Name, Address, telephone number, and number of years under this ownership: Margaret J. Fiore Trustee of Berr Street Trust 16 Berry Street ove , Years Owned Land: 40+ years 3. Location of Property: a. Street: 16 Berry Street b. Assessors: Ma number: Zoning District � Map 106D.and 107B Lot Number: 33 c. Registry of Deeds: Book Number: 1524 Page Number: 103 4. Zoning Bylaw Section(s)*under which the petition for the Variance is made. Section 14.5 (d)(1 "Refer to the Zoning Bylaw Denial and Plan Review Narrative fbrM 15 supplied by the Building Commissioner. 5. Describe the Variance request: Title Applicant re uests a variance in reducing the 100 foot set back required aloe Berry Street to 50 foot set back. ?he above desrApum Shall be used for the purpose of the legal natloe and deCl9fon. A mord dediled Zoning Board Rules and Ragulaom aB cited on page d,C@cgon 9 of this ap Misl n. Fallon by the d doo nt o go dost�t�purm ant to the may m ult in a d"lan that don M address the intent of the epomt The decision will Ild Iimissd to the reqs death not Involve additlaml items not included above. by the applicant and Will 6 A. Difference from Zoning Bylaw requirements: Indicate the dimensions)that will not meet current Zaning BylawRequlrements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq Ft_ Sq' Ft Coverage Feet Spaces Front Side A Side B Rear �.._ o� 100 foot required 90 foot wed - - —Wf U HLALTH PAGE 05/21 Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VWAS RtANC E 6 B. Existing Lot: Lot Aim Open Space pement Lot FMnkVg Parking Sq,Ft Sq.Ft- Coverage Feet Minimum Lot Setback 1,212 712 1,178 878 2.8% 1930 M Front Side A Side a Rear L-.. 30+ 42 43 125' 536' 6C. Proposed Lot(s).- Lot Area Open Space PeroentLot Frontage Parking Minimum Lot Setback Sq. Ft. Sq.Ft. Spaoes Front Side A Sick 8 Rear 1,]56,322 . 5111.6% 1500' 11850' 100' 100' 100' T, 6 D. Required Lot (As required by Zoning Bylaw&Table 2) (under section 14) Lot Area Open Space Peroent Lot Frontage Penang Minimum Lot Setback Sq. Ft. Sq. Ft, Coverage Fee Spaces Front Side A Side B Rear 10 Ac. 50% 25% 150' 2 per dwelling 100' 100' 100' 100' 1 7A. Existing Building(s): Ground Floor Number of Height Total Use of Square feet Floors Number 1056 2 30' Sq 12� Build ne of Units" !9a&— 2_ , One Family dwelling 1 19 020 1 h OMP F-g.mi 1 v ejTM . 11;. �— �_ 35' 19 020 _ AcceR s�so build u barn 1 ` 1050 Accessory building greenhouse �4�._, i ) 2�� "Reference Uses from the 7_onin 24' — ccessoryY ng Darn) --�— g Bylaw&Table 1. State number of units in building(s). 7B. PropoSed Building(s): Ground Fk mr NumW of Height Total Use of Square feet Floors Sq,feat Buildin " Number g: 51� 1.5 32' 2239 Active Adult Residential Of Units" 43 ' 1 880 _ 1 5— 32' — 2 Active Adult Residential 16 ------------ -� •Reference uses from the Zoning Bylaw&Table 1 ""State number of units in building(s). S. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the otfidal form of the Toning Board of application shall be filed with the Town Clerk's Office. 11 shall be the resoner Appeals. Every documentation with this application. The dated copy of this application received by the r wn Clerk or tfumhe all supporting does not absolve the applicant from this responsibuity. The petitioner shall be responsible for all Zoning Board of Appeals notification. Failure to comply with applic don requirements,as clted herein and in the Zoning for filing and legal result in a dismissal by the Zoning Board of this application as Incomplete. 9 mrd Rules and Regulations may Si nature: Type above names flat's: Mar aret J. )rel Trustee of Berry Street Trust NORTH Zoning Bylaw Review Form Town Of North Andover r Building Department 1600 Osgood Street, Building 20, Suite 2-32 North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: Berry Street, Hitching Post Commons Ma /Lot: 106.D/33 Applicant: Berry Street Investments, LLC. Request: Construct unit Independent Elderly Housing Date: 10/12/06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonina District: R-3 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Com plies X 3 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required X 3 PreexistingCBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 tHeight Exceeds Maximum 2 Front Insufficient X 14.5.d.1 2 TComplies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information Remedy for the above is checked below. Item# Special Permits Planning Board Item Variance # Site Plan Review Special Permit X Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board —6--4 Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Other Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a ne building permit application form and begin the permitting process. Building Departure t Officio Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review.: Reasons for Denial & Bylaw Reference Form Item Reference t B-4 An Independent Elderly Housing Special Permit is required from the Planning Board per Section 14.1 of the Zoning Bylaw. "Independent Elderly Housing shall be permitted use under the special permit provisions of this Bylaw in the Residential-3 District. The Planning Board may review a definitive plan under the special permit provisions in Section 10.3 and as is otherwise provided in this section." C-2 A Variance from Section 14.5.d.I of the Zoning Bylaw is required from the Zoning Board of Appeals for the front setback. Referred To: Fire Health Police X Zoning Board Conservation Department of Public Works X Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12 000 MEMORANDUM IN SUPPORT OF APPLICATION FOR VARIANCE 16 BERRY STREET,NORTH ANDOVER, MASSACHUSETTS The Applicant is seeking permission to construct 59 units of over-55 housing on property ' off Berry Street, North Andover, which was recently rezoned by Town Meeting vote rezoning the property to Residential-3. The Applicant is proceeding under Section 14 of the North Andover Zoning By-Laws seeking independent elderly housing on said site. The ordinance requires 100-foot set back. The Plan as submitted maintains the required 100-foot set back on three sides of the property where any residential unit abuts this property. The Applicant is seeking a variance along Berry Street to reduce the set back to 50 feet. Included in the submittal package is a plan by a landscape architect detailing the proposed plantings,which will provide j enhanced screening along Berry Street. Also, included in the package are floor plans and elevation views of the proposed buildings. Please note that the site plan shows a building envelope within which the proposed buildings fit. The Applicant is requesting this variance due to the unique topographical characteristics of the site including but not limited to significant existing wetlands on the property and the presence of a cemetery near the center of the locus. Granting of this variance allows the most judicious development of the property preserving open space and maximizing common areas. If the 100-foot set back were imposed on Berry Street it would cause the project to be stacked around the wetlands and the cemetery causing significant hardship to the Applicant. The project at hand was approved conceptually by an overwhelming vote at Town Meeting approving the rezoning of this property to allow an over-55 development. The project, if built, will bring substantial tax revenue to the Town of North Andover without attendant increase in the school population. The granting of this variance is not derogating from the intent or purpose of the ordinance in that a sufficient buffer around the entire property most especially on all sides where residential abutters reside. of 16 Berry, Strt0tt� "Forth Andover, Essex 'rfm%dh3l�e�kt�O'n of less than $100.00 C0U't',Massachusetts, paid grant to Frank G. Fiore, Jr. and Margaret J. Fiore, Trustees or their successors in trust of the Berry street Trust, an Indenture of Trust dated the 7� day of , 1981, to be recorded herewith, of With gaitr1a1M rO"1U4nb th16R;jm Two parcels of land with all the buildings and structures now or hereafter .st'anding or placed thereon, situated in North Andover, Essex County, Massachusetts on the Northeasterly side of Turnpike Street and on both sides of the street known as Berry Street, containing 28.03 acres and 19.28 acres as shown on Plan of Land belonging to William Beck, North Andover, Massachusetts. Horace Hale Smith, C. E., dated June 8, 1909, recorded with the Horth Dis- trict Essex Registry of Deeds as Plan No. 27, excepting therefrom such rights, if any, as the Inhabitants of the Town of Andover may have in rid to certain portions of said premises to be used by them as burial Ey dace, said burial lot containing approximately 7500 square feet, and do *ing shown on said- plan. Q X Excepting herefrom land along Turnpike Stsreet, also known as em Turnpike, released to the Middleton and Danvers Railroad by ease dated September 20, 1901, recorded with said Deeds, Book 191, ije 200; and also FI �cl Exceptingthat portion off Massachusets for ighwayopu posf the es,alongremises tTurnpike streetaken bthe ,�osaidlth taking is recorded with said Deeds, Book 689, Page 281 and shown on Plan No. 1638, recorded with said Deeds. Being the same premises conveyed to us by deed K Margeson and Robin B. Margeson, Trustees of MargesonOFamilyrTrust, dated January 25, 1980 and recorded with said Deeds, Book 1417, Page 249. Executed an a reeled instrument this ^� 2 / day of eo t: r Frank G. Fio e, r sf-r D "'7 a J. F ore c— ss. 7 19" Then peraonailr appeared the above named J. Fiore Frank G. Fiore, Jr, and Margaret and acknowledged the foregoing instrument to be their free act and deed Befom ma, Notary Pablic Recorded Aug.11,1981 at 9:34AM #8385 Commiaaionex6ireaY���d 19 e� a d OOZE 131783SU1 dH WUCa :G 9002 unr Abutter to Abutter( )Building Dept. / ) Conservation( ) Zoning ( ) F REQUIREMENT• Mot.aoASection lt states in part^Parbes in Interest as used in this chapter shall mean the petitioner. abutters,owners of land directly oppo thm any public or private way,and abutters to abutters within three hundred Plot)feet of the property line of the pelltbner as they appear on the most recent applicable tax 11%not withstanding that the land of any such owner is located in another cior town,the piannIng board of the city or town,and the planning board of every abutting city,or t," Subject Proloem., MAP PARCEL Name J ) 106.1) 33 Frank Fiore r� ✓✓�2/ Address 16 Berry Street North Andover,MA 01845 i)-off- Abutters Properties Map Parcel Name Address 106.1) 32 Beth Padellaro 106.D 38Robert Houghton 1,11193 Berry Street North Andover,MA 01845 V-49106.1) 39 Nancy Houghton Ash Street North Andover,MA 01845 l106.D 40 Dennis McLaughlin — Berry Street North Andover,MA 01845 106.D 41 Robin Colombosian _�_ 23 Ash Street North Andover,MA 01845 106.D 42 Nancy Houghton rttu �1 Ash Street North Andover,MA 01845 106.D 43 Deborah Labrie Yrl-U qAe d 142 Ash Street North Andover,MA 01845 106.1) 44 One Hundred Fourteen Trust V25 Windsor Lane North Andover,MA 01845 106.D 45 John Hagerty V1 Mount Joy Drive Tewksbury,MA 01876 106.0 46 Jean Proulx V1874 Turnpike Street North Andover,MA 01845 106.0 47 Jean Proulx l/1812'Tumpike Street North Andover,MA 01845 106.1) 58 Nancy Houghton 12 Turnpike Street North Andover,MA 01845 / 106.1) 63 One Hundred Fourteen Trust u 42 Berry Street North Andover,MA 01845 / 106.D 65 Michael Garron N 51 Mount Joy Drive Tewksbury,MA 01876 106.1) 66 Richard Glover ll Windsor Lane North Andover,MA 01845 `1 106.1) 67 Gregory Smith W Windsor Lane North Andover,MA 01845 106.13 68 Steven Wiles k-75'Windsor Lane North Andover,MA 01845 106.1) 69 Joe Edwards 1,89 Windsor Lane North Andover,MA 01845 106.D 70 Louis Polizzotti 1.99 Windsor Lane North Andover,MA 01845 106.D 71 Edward Zablocki 1.72 Windsor Lane North Andover,MA 01845 106.D 72 Kelly Weeder �`� kA Windsor Lane North Andover,MA 01845 r 106.1) 73 James Brennan Yt l��t�')48 Windsor Lane North Andover,MA 01845 11 —7.�-Djj 106.1) 74 One Hundred Fourteen Trust q x.86 Windsor Lane North Andover,MA 01845 106.0 75 One Hundred Fourteen Trust 0 U P�51 Mount Joy Drive Tewksbury,MA 01876 —{ �u pg 51 Mount Joy Drive Tewksbury,MA 01876 i iJr.{f/ L i Date 10/3!2006 Page Of 2 This certifies that the names appearing on the records of the Assessors Office as of JaNv-44 / a40,6 Certified by: Date d 1 64 I Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT. MGL 40A,section 11 states in pan'Panles In Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposheon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the lard of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town.' Sublect Prooerty: MAP PARCEL Name Address 106.D 33 Frank Fiore 16 Berry Street North Andover,MA 01845 Abutters Properties Mae Parcel Name Address 107.8 1 Benjamin Famum Pe6 Famum Street North Andover,MA 01845 107.B 18 Donald Johnston 4 Boston Street North Andover,MA 01845 107.8 19 AC Builders 60 Beechwood Drive North Andover,MA 01845 107.8 20 William Schofield �►Colonial Avenue North Andover,MA 01845 107.8 21 Spar&Spindle Girl Scout r`P� �Vt2pPC Box 1010 Middleton,MA 01949 lo `31--06 107.B 23 AC Builders J,Ap$60 Beechwood Drive North Andover,MA 01845 -- i 107.6 24 Commonwealth of Mass Dept of Enviromental Management Y-<0 Cambridge Street Boston,MA 02202 107.6 56 AL Prime Energy Consultants rfitllod319Salem Street Wakefield,MA 01880• 1 t';Z%-06 107.6 77 Cling He JA5 Turnpike Street North Andover,MA 01845 107.B 80 Nursing&Retirement Center r-200 Brickstone 3rd FI Andover,MA 01810 107.B 93 John Famum V426 Famum Street North Andover,MA 01845 107.B 94 John Famum as?8426 Famum Street North Andover,MA 01845-1 107.B 95 John Famum +426 Famum Street North Andover,MA 01845 1 107.8 96 John Famum u 26 Famum Street 107.B 121 John Kendrick North Andover,MA 01845-1 20 Colonial Drive North Andover,MA 01845 107.8 122 JC Benger Y't to,Q d15 Colonial Avenue North Andover,MA 01845 11"al D6 107.B 123 Thomas Fino t/;�9 Colonial Avenue North Andover,MA 01845 107.B 158 Nadarajah Subramanian V,4 Amberville Road North Andover,MA 01845 107.8 159 Ajay Bhandari 120 Amberville Road North Andover,MA 01845 107.B 160 Aashu Virmani y-timVA`B40 Amberville Road North Andover,MA 01845 11 107.B 172 Mesiti-Mbore's Falls,LLC 1.)60 Andover-By-Pass North Andover,MA 01845 107.8 174 Paul Ames LZ Anvil Circle North Andover,MA 01845 h� l'6 3 � Date 10/3/2006 Page 2 of 2 This certifies that the names appearing on the records f the Assessors Office as of Jaw 0 Nac:S Certified b • Date 7-7s7--6 FROM : FAX NO. :7812461683 Oct. 30 2006 04:44PM P2 KAGiilis0ct6inA Pad Comnuuns No AndovcrlglllisNA7.8AAw&10/30/2006 4:00:51 PM o � s _ __..... 28'-6 I , i I 1 I o F- fI� 3 rnui o I o � I I o I C rr r a0 gc � � ® m z N � 2w Don X02 o Z � a m z ,oa . FROM : FAX NO. :7812461683 Oct. 30 2006 04:44PM P2 — KAGiIhs\NicWhing Pt)at Commons No AndnveAgillisNAZDA.dwg,10/30/2006 4:09:51 PM e s II 1 I i I I ( Z ' p3 � 0 `�I ® f 3 m 0 i I / O I / (nHill I // I I m' m D C? i � r m" m z 63° ' m (�D Cb # J Z S Dn 1� 16 1� n 44' In ■ I 'r 1 1 1 ) ■ 55 7 [ O D ® 0 •• ■■■ ■ 00 11130 Do 00low— FRONT 00 00 D D 0 Q �1ELEVATION o Z NOT TO SCALE 1 ( T W. h Y I V ' Hitching Post Commons IVAN ARCHITECTS, INC. CTIJRE OESIG3N PL_ANNINC3 c7 No. Andover, MA lcmo)oa /`� 20l EdpBw atBr Orlv6, SUItO 2l S•W8K6TI Bld. MA Ol 880 W Tel: (781)240-1987•F— (781)246-1983•W W.OSULLIVANARCHITECTS.COM O 2006 O'S�niven ArchNaele Iro. 13 12 �e } 7 NEUI JIM 1 1 1 I I I I 0o a as a00 O 0 FQONT ELEVATION Z NOT TO SCALE F, bo U U Hitching Post Commons � O'SULLIVAN ARCHITECTS, INC. No. Andover, MA AFCHITECTVRE DESIGN PLANNING _ a�0� 20Y EdBawatar Oriva, Sulta 2Y S WaKaT101d. MA OY 880 Tal: (781)240-1667•Fex: (781)246-,883•WWW.OSULLIVANARCHITECTS.COM ®2008 O'SNll—M�l12Cl9I�C. r— 0 M CL Ic Efliffl-I bo 0 Z READ ELEVATION a� -� 6010 8 - C NOT TO SCALE ADING, MA 1. ato L: U Hitching Post Commons � O'SULLIVAN ARCHITECTS, INC. No. Andover, MAI Mo,oe ARCHITECTVFiE LESION PLoNNIN� 20'1 Edtaawatar�rlva, Sulta 21 5 Wcal<aPleld, MA 07 HBO Tel (781)241}188]•F— (781)248-1 B83 WWW.OSULLIVANARCHITECTS.COM O 2008 OSNllven Ncltitec151nc. w �o o o M 10 O Effl b0 _ ZA ¢ r0� _.... z LO � 0 b 0 z _ LEFTT TO SCSIDE ELEVATION PIGNT SIDE ELEVATION ENOALENOT TO SCALE 0 U ti 0 a U V 4 Hitching Post Commons O'SULLIVAN ARCHITECTS, INC. _ No. Andover, MA 10ldOMB ARCHITEGTIJRE • OESI(3N • PLANNINp 201 Ed g9watar Orl—. 0ulta 21 5•WaK6fi®Id, MA 01980 x Tal: (761)246-1667•F— (781)246-1663•WWW.OSULLIVANARCN ITECTS.COM 0 2008 0Su111ve.A chlle lm. l� 120'-0* 40'-0* 40'-0" 40'-0" 0 0 O (D MASTER BEDROOM MASTER BEDROOM 151-7 x 17-8* 15'-2'X 12'-8' MASTER FIED1200 15*-2'X 17-5" DINING LIVING DINMIG 23'-10' 15'-4X 23'-10* LIVING DINING 15'-4'X 23*-10* MAS MAS BA — — — — — — W.I.C. BATH 1--2 X ff-. V=15I"-X 0 �.o 0 Ul I KI C)I0 KIT — — — 0 IC asx 10 KITCFBV O GAPAG MIDDLE UNIT END UNIT END UNIT 2394 S.F. 2394 S.F.2394 S.F. ro FOYER STUD STLX) [3 FITUE) bf) Q C > 0 -0 6010 IL 0 IWA 0 FIRST FLOOR PLAN �,_�NOT TO SCALE SCALE: a z' 10, 20' on Hitching Post Commons O'S U L L I VA N ARCHITECTS INC. No. Andover, MA 0/d0A5 ARCHITECTURE DESIGN PLANNING Tal: ( 81)248-1667-F,,: (781)246-1663.WWW.OSULLIVANARCH)71=-CTS -COM 0 2000 05.111— 1— J- - - - LIYI M BEDROOM DINI M BEDROOM BELOW BELOW M. M DB STORAGE QO �TORAGF QO STORAGE (DeATu O LOFT °N BBIb L4FS BAT8'-0'X 14'-6' 8'-O'X 14'-6' 0 H Ina a � 8'-O'X 14'-6' 0 G a N NnaxlOFM OFC z-.-.• FOYER nz BEDROOFOYED M BEDROOM BEDROOM 14'-10'X 151-8' @ 14'-10'X 15'-8' 6B-OW 14'-10'X F0Y62 m FFIC Iz-lE• eo BELOW v w N - - � I � — ❑ — ❑ \ g 6010 r SECOND FLOOR PLANU ! VNOT TO SCALE SCALE: a 0 2' In' 2n' V Hitching Post Comm ns O'SULLIVAN ARCHITECTS, INC: ARCHiTECTV RE - DESIGN PLANNING �7 No. Andover, MA orooroe 20' Edgawacar o w®, swc®27 5 WaKafialc, MA 01 660 ,yl Tel: (781)246-1667•Fex: (781)246-1683•WWW.OSULLIVANARCHITECTS,COM L 2006 0'SUN—Aldhlt—I— FROM : FAX NO. :7012461603 Oct. 30 2006 04:45PM P3 KAGilliFW inching Post Commons No Andav9rlFiUi9NAZBA.dwg•1 013 0/2006 4:09:32 PM i t rn - a O 1 1 .> n - CL 3 � I A 0 0 ar-s• U) I ' P C C > (n N m rn €' > I I I I 91 _ y > z.� i I Oct 12 06 10:07a p2� . n s a U Z ° Lu s "z, u UZ � o I � 0 0 I N I 0 E 1 O_ , m ^� L 6 w O Q I . II 1 Lf19 P - 4-J Q �I a a� II - m oil Q o z = z � 0 LU W U ISL LIp _ -1Jd S3PaS 000S PCJaSel dH\PPSO\1 'Wb 60:1-S:6 900Z/ZT/01 '6nnp'najauejd\joogoS yanoS-oaaIseuoW\ O 0— • N i o 40'-O- 40'-0' o N u I a f IF f g �C3 LIM v I I o I I I I � d d Q I Ln IEND UNIT o Cn 2372 S.F. END UNIT FLT � �C7) 0 ry Lp a Eo _ 0 0 v � Ln C)FjIRST FLOO2 PLAN o SCALES 3/32'= I'-O' b Hitching Post Crossing v � 0 SUL. LIVAN ARCHITECTS w N Noah Andover, MA AFNCHITEGTU FYE OESIc3N t LAN NIIJC3 m Oaobe,12.2C08 40 RA6EM STREET•BUiLOINd TWO-SUITETWO•LVNNFlELD,MA551+rm)9ETfS 01940 Tt (761)290-1007•F: (701)?dA-1 RA3 cam X 0 N O � O I — — — — - F_ , O — — — C I u CL i $ 1 in O I v I I � I I d � EOJ _ ON VAI I op C3 (D rq ❑ ❑ f � J a� — c co g u SECOND FLOOR PLAN V) SCALE 3/32'- 1'-0' 0 0 Hitching Post Crossing CA O ' SULLIVAN ARCHITECTS co North Andover, MA AIaGI IIT�GTLJRE - u1=51Qw • PL ANIV)NGi O pcloper 12,2M8 40=+ALCM e,-fIIEET-BUILDING TWO.SUITE TWn•LYNNFIELO.MA99A0-IV6EI is U1940 T: (7©1)o4n-i p07-F: n07)246-166:d •wwvt osullwranarchi[cote.COm Y U`J/lti/Zr b 11;VJt 7I000004t0 nr--c.in �+- •+•+• �+ PAGE 4 OF 4 VARIANCE 9. WPJMN DOCUMENTATION *10.B.*Plan Specifications: Application for a Variance must be supported by a 1) Sire of plan. ?en(10)paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"n-40' detail all facts relied upon. When requesting a Variance m One(1)Mylar,with one block for Registry Use from the requirements of MGLA ch. 40A,Sec.10.4 and Only,and one block for five(I)ZBA signatures A date. the North Andover Zoning By-laws,ail dimensional 111) Plan shall be prepared,stamped and certified by requirements shall be dearly Identified and factually a Registered professional Land Surveyor. Please supported. All points,A-F,are required to be note that plans bye Registered Professional Engineer, addressed with this application. Registered Architect,andlor a Registered Landscape Architect may be required for Major projects. A. The particular use proposed for the land or *10 C. *Required Features On Plan: structure. A Site Orientation shall include: B. The circumstances relating to soil conditions,shape 1. north point or topography of such land or structures especially 2. zoning district(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4, wetlands Of applicable) district In which the property is located. S. abutters of property,within 340'radlus C. Facts which make up the substantial hardship, 8. locations of buildings on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicabie zoning restrictions 7. deed restrictions,easements, with respect to the land or building for which the M Legend A Graphic Aids shall include: variance is sought, 1. Proposed features in solid lines&outlined in red D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sough wlll.be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan G tads relied upon to support a finding that relief S. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant,owner or record,and land surveyor, of the Ordinance. 7. Locus R Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisk(I. In some cases further information may 1G. PLAN OF LAND be required. Each application to the zoning Board of Appeals shall be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town 11-A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to:'Town of North Andover- prior to the public hearing before the Zoning Board of 16022-17®04841"for the cod of first class, certified, appeals. return receipt($4.84 as of January 2006)x#of all parties in interest identified in MGLA ch.40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage stamps Involves new construction/conversion/and/or a (currently N¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10.A. Major projects 11. 8. Mailing labels:Applicant shall provide four(4) Major projects are those,which involve one of the sets of mailing labels no larger than 1"x2-5/8"(3 copies following whether existing or proposed: for the Legal,and one copy for the Decision mailing). 1)five(5)or more parking spaces, 1 11)three(3) or more dwelling units, 1.C. See 2005 Revised Fee Schedule. J )2,000 square feet of building area. ► A Variance once granted by the ZBA will lapse in Major Projects shall require,that in addition to the 10B 1 (one)year if not exercised and a new petition must 10C features,that the plans show detailed utilities, soils, be Submitted,1 and topographic information.