HomeMy WebLinkAboutMiscellaneous - 2 ALCOTT WAY 4/30/2018 / - -
2 ALCOTT WAY
J 210/025.0-0016-0002.A
III
i
I
i
r�
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss.
LAND COURT
No. 128-570
!, BENJAMIN C. OSGOOD and )
HARRIET G. OSGOOD TRUSTEES
STEES )
OF ABBOTT STREET TRUST, )
Plaintiffs )
V. )
f )
TOWN OF NORTH ANDOVER )
PLANNING BOARD, )
Defendant )
I
ESSEX, ss.
No. 127-276 —�
BENJAMIN C. OSGOOD, TRUSTEE )
OF ABBOTT STREET TRUST, )
Plaintiff )
) c
V. ) rrn
r- C11
PAUL HEDSTROM, ERIC NITZSCHE,
JOHN BURKE, JOHN SIMONS and ) _
GEORGE PERNA as they are the )
TOWN OF NORTH ANDOVER
PLANNING BOARD, ) 0
Defendants ) "�
co
f
AGREEMENT FOR JUDGMENT
The
: parties to the above-entitled actior. hereby
enter into this Agreement for Judgment as follows: '
I
Whereas, on October 30, 1987, the plaintiffs
i
pursuant to M.G.L.c. 41 , §81W submitted to the Planning
I
Board a proposed modification of a subdivision plan
which had earlier been approved on December 2, 1985; and
Whereas, the new plan submitted on October 30,
1987, entitled "Definitive Subdivision, 'Abbott Village
Estates located in North Andover, Massachusetts" dated
i
i
i
October 23, 1987 and prepared by Thomas E. Neve
Associates, Inc. appears to have been constructively
approved; and
Whereas, on February 29, 1988, the town clerk of
North Andover issued a certificate pursuant to
I' M.G.L.c. 41 , §81 certifying that the Planning Board
� g took
no action on the plan within 60 days, no appeal had been
I'
taken, and "said approval has become final" and the plan
i
was recorded in the Essex County North District Registry
of Deeds on February 29, 1988;and
�I
I� Whereas, the Planning Board held a public hearing
f
on May 12, 1988 for the purpose of modifying the
' constructively approved plan by imposing certain
conditions; and
Whereas, by a written decision filed with the town
clerk on June 13, 1988, the Planning Board instituted
certain conditions to be imposed on the plan; and
Whereas the plaintiffs have contested in this
litigation the Planning Board' s legal authority to
impose conditions on the constructively approved plan; �
and
Whereas, the parties now wish to compromise and
settle the claims between them respecting the proposed
subdivision known as Abbott village Estates;
Now, therefore, based upon the foregoing and. in
consideration of the termination of all pending
litigation between the Planning Board and the mutual
-2-
covenants and conditions stated herein, the parties
agree that the matter be remanded to the Planning Board
to consider and approve the plan entitled "Definitive
Subdivision, 'Abbott Village Estates' , located in North
Andover, Massachusetts" dated October 23, 1987 prepared
by Thomas E. Neve Associates, Inc. to be modified in
accordance with and subject to the conditions stated on
Exhibit 1 to this Agreement for Judgment.
PAUL HEDSTROM, ET ALS. AS BENJAMIN C. OSGOOD and
THEY ARE THE TOWN OF NORTH HARRIET G. OSGOOD, TRUSTEES
ANDOVER PLANNING BOARD, OF ABBOTT STREET TRUST,
By their attorney, By their attorneys,
J• oil B. Bard J an J. go e
!; pelman & Paige Howard P peicher
77 Franklin Street Davis, Malm & D'Agostine
Boston, MA 02110 One Boston Place
(617) 451 -0750 Boston, MA 02108
�! (617) 367-2500
Dated: December 1989
By the Court:
Dated:
i
Justice of the Land Court
CERTIFICATE OF SERVICE
I hereby certify that I have served the within
document by mailing copies thereof on this day of
December, 1989 to all counsel of record _
Howard P.
-3-
5. No Certificate of Occupancy shall be issued for. any
structure built in this subdivision prior to the binder coat
of bituminous pavement is in place and constructed as per
the plans approved by this decision.
�6� Prior to signing the Definitive Plans all executed
deeds of
easements shall be submitted to the Planning Boardprior to
filing with the Registry of Deeds.
7. The applicant shall supply Bus Stop, traffic signs and
roadway markings as required by the N.A.P.D. .
The applicant shall improve the intersection of Abbott
Street into a right angle design in accordance with the
requirements of the Planning Board. Said improvements shall
enhance the safety of vehicles entering this subdivision.
The applicant shall construct the roadway improvements per
DPW standards subject to approved plans.
9. All sewer and water facilities shall be constructed in
accordance with DPW standards subject to Planning Board
approval.
10. Tree cutting shall be kept to a minimum throughout the'
project in order to minimize erosion and preserve the
natural features of the site. Therefore, in addition to
street trees every seventy five feet along both sides of the
roadway, one tree shall be planted for every 400 s
of area cleared for the roadway outside of the rightaare of way•
The trees shall be a mix of scotch pine, white pine and red
pine and will be 6 ' tall or taller upon planting. The
developer shall inform the Town Planner' when significant
tree cutting is to occur.
1 The plans shall be revised to show construction details of
all drainage control structures, box culverts and roadway
I
retaining wall to be approved by the DPW.
12 . The Development Plan shows all proposed dwellings and
driveways with proposed grading and tree cutting associated
with such dwellings. In addition the Development plan shows
all sizes and inverts for drainage work outside the roadway
lines with existing spot elevations at wetland crossings,
all wetland replication areas in detail, all detention
ponds with existing and proposed spot elevations, all
grading associated with any drainage to be encompassed by
an easement. (easement to be also shown on the subdivision
plans) The revised intersection of Nutmeg and Salem Street
will show detailed grading to insure proper matching of
gutter grades with Salem Street and to insure against the
creation of ponding areas. The drainage shall connect to a
drain manhole on Salem Street
13. The catch basin outlet at station 9 + 50 on Nutmeg Lane
shall be shown.
14. As-built plans shall be submitted to the Planning Board on
an as completed basis for all drainage facilities. Water and
Sewer and other utilities and the roadway binder centerline
grade. The As-builts for the utilities shall be prior to the
binder coat being applied in the right-of-way. Such as-built
plans shall be certified by a registered civil engineer
and/or professional land surveyor that all aforementioned
utilities are in compliance with the approved plans both in
location and in grade. Any deviations shall be corrected
prior to bond release unless the design engineer can
document that the deviation is at least as good or better
than the approved plans.
15. No certificate of occupancy shall be issued for any
structure built within the subdivision without the approval
of the Dept. of Public Works. Such approval will include as
a minimum that the roadway can be serviced in the winter
months and that the water and sewer facilities are connected
and can be used.
All hydrants to have six (6) inch gates installed within the
pavement area of the roadway.
18. The Development Plan shows no driveways placed in the
locations where catch basins or stone bounds are to be
installed. It shall be the Lot owners responsibility to
insure against all such instances.
Prior to the issuance of a certificatei'of occupancy a
certification from a registered Civil Engineer and/or
Professional Land Surveyor shall state that the existing
driveway serving the dwelling is not in a location where a
catch basin exists or where a stone bound is proposed.
All gate valves comply with AWWA specifications 5
V will be supplied w' 00 52T and
�� �� PP with a 100 lb. sliding type gate box marked
"Water".
2 Lots 25, 26, and 27 or other suitable lots submitted by the
applicant and accepted by the Planning Board shall be set
aside as a park and not built upon' for a period of three (3)
years without Planning Board approval. This condition is in
accordance with M.G.L. Chapter 41, Section 81U.
21. Prior to construction the applicant shall submit a detailed
construction plan and schedule to the Planning Board prior
to starting construction of the subdivision.
I
EXHIBIT 1
ABBOTT VILLAGE
CONDITIONAL APPROVAL
Lot #38 shall be eliminated and the subdivision
shall
have more than 58 lots. No more than 2 lots shall beallowed
on a commondrive throughout this subdivision.
C,2 The Planning Board agrees to waive the required slope angle
f a -2
and shoulder distance in favor o1
12" thick headwalls at the following locationsent width with
a. Headwall extending from Station 8 + 90 to 9 + 50 on
Nutmeg Lane, and;
b. Headwall extending from Station 14 + 40 to 15 + 20
on Thistle Road.
Periwinkle Way is classified as a minor street and shall
be constructed with a 26' pavement section. Nutmeg Lane
shall be constructed with a 26 ' wide pavement section.
Thistle Road will be constructed with a 26' pavement
section.
Recorded plans shall be revised to show drainage easements
with metes and bounds to include drainage to a waterway and
include headwalls and detention ponds.
Realignment of the sewer easement shall be shown on the
plans as required by the Department of Public Works.
a. Sewer lines shall be placed within the Abbott Street
Right-of-Way to the intersection of Thistle Road and
then down the Thistle Road Right-of Way to the
Property line.
Sidewalks shall be shown on Abbott Street from Thistle Road
to, and including, lot 33.
The following conditions are to be placed upon the Recorded
Definitive Plans. (Cover Sheet)
1. Any changes considered "Major" by the Planning Board, caused
as a result of action undertaken under M.G.L. Chapter 131,
'Section 40 or North Andover Wetlands Bylaw shall be reviewed
by the Planning Board under a Definitive Modification
Application.
2. All lot numbers shall be posted during construction.
3 . All homes located on common drives shall have a residential
Fire Sprinkler system installed, as per N.A.F.D.
4 . A bond in the amount of $16, 000 for the As-built plans shall
not be released until approved by the Planning Board.
' 2 ALCOTT WAY 2
210/025.0-0016-0002.A
Loser iCt�
s
i
Any appeal si-a-11 be filed
he
wilt-I n
dat• i,;'11137 i;js ,,'otdce
AMILI"
in the office of the Town
f ........t.
,qcmue
C!er!
3 co
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . .April. 20, . 1993. . . . . . . . .
Petition No.. . 0.U793. . . . . . . . . . . . .
Date of Hearing. .Apxil, �.3.,. .1993. .
Petition of . . . . . . . . . . . . . . .
Premises affected A!ja.Qtt .WaY.,. :Unit.#2:). . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . .
as a Party Aggrieved of the Building
Referring to the above petition . . .Itisp ector s-de c is ion
dated May 29, 1992.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date,the Board of Appeals voted to .UPHOLD. . . . the
The Board stated that the use of Unit #2 Alcott
Building. Inspector's, .decision.. . . xj&& W R=a= PK=Y-XWTMMYA
Way as
OHYAaAb a. business. of.fice.not. associa.ted with. the-Alcott -Condominium.Assaciation
is a violation of the zoning code.
Signed
4 .�xo, j r. Vl�a i r'oman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Walter Soule, Clerk
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Louis Rissin
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
John Pallone
. . . . . . . . . . . . . . . . . .
Board of Appeals
be
Any aopc-n'
�40RTN
1.
V,fl oil Ce
C !L�1;S I
0
c:aL Town 0
co
in
Office Of the
APR �a
SSACH
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Alcott Village Condominium Trust
Leonides H. Xarras DECISION
Alcott Way, Unit #2
North Andover, MA 01845 Petition #015-93
The Board of Appeals held a regular meeting on Tuesday, April 13,
1993 upon the application of Alcott Village Condominium Trust,
Leonides H. Xarras as a Party Aggrieved of a decision made by the
Building Inspector in a letter dated May 29, 1992 concerning the
premises located at Unit #2 Alcott Way, North Andover, MA. The
following members were present and voting: Frank Serio,
Chairman, Walter Soule, Clerk, Louis Rissin and John Pallone.
The hearing was advertised in the North Andover Citizen on March
31 and April 1, 1993 and all abutters were notified by regular
mail.
Upon a motion by Mr. Soule and seconded by Mr. Rissin, the Board
voted unanimously to UPHOLD the Building Inspectors decision
which was dated May 29, 1992. The Board stated that the use of
Unit #2 Alcott Way as a business office not associated with the
Alcott Condominium Association is a violation of the zoning code.
Dated this 20th day of May 1993 .
BOARD OF APPEALS
S
FrankSerio,
Chairman
Address 44co—j 7- _ w,9 y Title of File Page of
Date File Open: Date file closed:
r Doc Document/Action Title Date of Refer to other Purpose of Document/Action and notes
action Document/ document/
filum• Action Department
Board of Appeals - Board of Health - Planning Board - Conservation Commission - Building Departrmer�t
��✓/SES ,�'T. /lJ�/elle'T1s \
ZORIER FILE
h�
Los e r f C 1 I e-
7/3
7/,3
r
i
i
v
0
N•t�?!r �i
o. Ao
� I
r• Anrt1�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
I
BOARD OF APPEALS
NOTICE
February 2.4,. . .19 9.3
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building,North Andover,on Tuesday
evening . , . . . . . the 13. thday of . . .April. . . . .
19. 93 , a6:30o'clock, to all parties interested in the appeal of
'. ,Alcott. .Village .Condominium.Trust/Leonid.es .H. Xarras
as A r'ev for a review of a
xxxxxxxxxxxxxxxx%t c �ads 2
by the Building Inspector regarding the-permitted use
&'4W,x�p 9 OkWOR4x. . . . . . . . . . . . . . . . . . . . . . . . .
of Unit 412 as an office
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i
. . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . .
I
i
. . . . . . . . . . . . . . . . . . . . .
on the premises,located at. . .Unit.412. Alcott Way. .
By Order of the Board of Appeals
Frank Serio, Jr., Chairman
I
Publish in the N.Andover Citizen on March 31 & April 7, 1993.
LEGAL NOTICE
A>" .. , ` - . LEOAL NOTICE
tl0mDQF APPEALS,.' BOARD OF APPEALS _
NOTICE NOTICE
. .<.. ,.< February 24.1993 . -February 24,1993
Notice is'hereby given that the Board of Appeals Notice Is hereby given that the Board of Appeals
will give a hearing at the Town Building,North -will give a hearing at the Town Building,North
Andover,on Tuesday evenlrv.dw 13th day of April Andover,on Tuesday evening the 13th day of April
1993,at 730 o'clock,m all Parties Interested in the 1993,at 7:30 o'dodk,to as partks interested In the
appeal of Alcott Vlilege Condominium appeal of Alcott Village Condominium
Trtw1A cortices K xanm as a Party Aggrieved for a TnnULsonkae K Xwm as a Party Aggrieved for a.
review of a decision made by the Building htsMcw review of a decision made by the Building Irmpector /
regarding to permitted use of Unit 02 as an office regardng the permitted use of Unit t2 as an 0#100
on the premises,located at QAledtt Way. on the premises,located at itZAooO Way.
By order of fire Board o1 Week By order of the Board of Appeals
' Franck Sedo.Jr..Chairum Frank Serb,Jr.Chairman '
NAC:31318 411193,r; 4-a s' NAC:3131&411193 —
I
Any ap,0031 shall be filed
within (.-C)) Ll,,ys af':Zr die L
dates C'f Ni0 !',oJce
SILT" N
,
in the Office of the Town
3 co
Clerk.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . .Ap-rii .20,.1993. . . . . . .. .
Petition No.. . . . . . . . . . . .. .
Date of Hearing—April. 13.,. .1993. .
Petition of . . . . .Alcott, Village. . . . . . . . . . . . . . . .
Premises affected . .Alcott .Way.. .Uritt.#2. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .
as a Party Aggrieved of the Building
Referring to the above petition I 3ff—)tU . . .Insper-tor.s.decision
.d.ated.May. .2.9.,. .199.2... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to .UPHOLD. . . . the
The Board stated that the use of Unit #2 Alcott
Building. Inspector's, decision...
Way as
&iYM}ft a. business office.not. associated .with. the Alcott .Condominium-Association
is a violation of the zoning code.
11 INE:111KIt 3:111111 111115�11X I"'il'K dt.t
Signed
-�F ]fa-nkSer-Aio, Jr. ,'i�ir'oman
. . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Walter Soule, Clerk
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Louis Rissin
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
John Pallone
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
j?,'.%, r:.=CEL 'LOT ;I��.!,'2 i".CCcESS
21,Onnil r, I I Alcott villace !Alcott lqav
ABUTTERS
=A=.CEL :LCT IN A0,:C (,'-.CCPESS
S I ( 31 /zom Q kS' %-P*i.rr Cor2P I ey Svvr erg�� rt-r Svc.
a�i�c�►t 7 X 7s-ZZ/
,?S I 1 zq 113d/,_h=am- 7 i4Lfo3117 ff,GLJIDF rzD
1 I I •ar u$.. I /U. ov✓frl /
13- sTei,. -
I I ( I rv. ovt.2, mf3
AT I I 7 16ARDFn/t�Q l SUdTH moflej Sr.
I I I f-7-'.0 A I &ry po v'Lse .-"A el'?
I -Zs I 1 3D I Acb reF<7'/ no Cit.vIsr nl 13/7 1-111-T AC IZD-
1 I I N. Ar-,novt4 m,3. 0)8
1l132-7 14,--Cjvp e gy.
I N.73wio d✓i/L . �iq. 01 P5/J�
L as 1 I Mfr I �oTv/N 1214—! aysT 1 a/d Rar1+4wQ r CAAOL A17Pa"
3 /cc ion /2D.
I I /y. Aw U v v t 4 �► o Lp
1 I I r
I i I i
I I
a I I I t
i
! I I I
i I 1 l
i I f I I I
1
_.,-_..�ti�15.•, �$ ilt.Y353�c,."`s� _-.c�Z. ... xa-cir ..3sni77+7 'LS kS63C ;tl§'dc'xa"h:..le! _ .. .A,m.
Any sl t—1 be k
r
0i;Ce AORTM
r• Icy0 trio ,a 9ti
C.
of the Town jo
S4 CHU
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Alcott Village Condominium Trust
Leonides H. Xarras DECISION
Alcott Way, Unit #2
North Andover, MA 01845 Petition #015-93
The Board of Appeals held a regular meeting on Tuesday, April 13,
1993 upon the application of Alcott Village Condominium Trust,
Leonides H. Xarras as a Party Aggrieved of a decision made by the
Building Inspector in a letter dated May 29, 1992 concerning the
premises located at Unit #2 Alcott Way, North Andover, MA. The
following members were present and voting: Frank Serio,
Chairman, Walter Soule, Clerk, Louis Rissin and John Pallone.
The hearing was advertised in the North Andover Citizen on March
31 and April 1, 1993 and all abutters were notified by regular
mail.
Upon a motion by Mr. Soule and seconded by Mr. Rissin, the Board
voted unanimously to UPHOLD the Building Inspectors decision
which was dated May 29, 1992. The Board stated that the use of
Unit #2 Alcott Way as a business office not associated with the
Alcott Condominium Association is a violation of the zoning code.
Dated this 20th day of May 1993 .
BOARD OF APPEALS
Frank Serio,
Chairman
r � �
KAREN H.P.NELSON d?'
Director _ Town of 120 Main Street,
01845
BUILDING
CONSERVATION NORTH ANDOVER (508) 682-6483
• °
.C,�j86
PLANNING DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
May 29, 1992
Mr. James Xarris
HML Development corp.
2 Alcott Way
North Andover, MA 01845
RE: Zoning Violations (R-5 District
Alcott Village )
Dear Sir:
This is to inform you that the
shed located at the above Partially constructed storage
dimensional re Property is in violation of the
the North Andover Zon ng Of Section
and the Table 2 of
of 30 feet and the srear
ide setbacks of 25 feet.Specifically,
structureisalso in violation of Section 4, Para. 4.124 (21) which states
"accessory buildings no larger than sixty-four (64) s
shall have a minimum five (5) foot setback from side andrrearelot
lines and shall be located no nearer the street line of the dwellingil , than the building
A business office is located at 2 Alcott Way and construc-
tion material is stored along the fence of the former CITGO
station and also in the partially completed storage sh
are not allowed uses in the Residence-5 District and a violation ed. All
of Table I of the Zoning By
section lo, Para. 10. 1 authorizes the Building Inspector to
have you remove the partially constructed storage shed, all con-
struction material and cease operation of the business office
within thirty (30) days after receipt of this notice.
Penalty for violation according to Section lo, Para.
is Three hundred ($300. ) doll10. 13
ars per day. Each day that such
OPe
g3
a0
re
G �
ISN
3
Y
01�pT�
i
Page - 2 - June 1, 1992
violation continues shall be considered a separate offense.
You may aggrieve this decision to the North Andover Zoning
Board of Appeals.
Yours truly, .
D. Robert Nicetta,
Building Inspector
DRN:gb
c/K. Nelson, Dir.
i
i
I
�I
I
I
Submitted for consideration at the April Meeting of the-ZBA.
D 0A 0 F AF P El,LS
NORTH 'ER
%FPLIC-W11CN FOR :ELIEF F::CM THE I'S CF T)!E Z ON'1 1,G CRD1:,!
Alcctt Village Concominium Trust
S
� �� .3 4Z
Te
I C ant LeoniCes H. �'arras 159 Prc pE�cU, urg,
—---------------
c a t i on s '7.,arcty nice:
a) =cr a f:cn tlia rcc,-,; rc:nc--.ts cf scctlon a r E C- 7
ano Tatic cf t`e zcninq DY L�.:S -
b 1-cr a s.pcci al :crmt unuler scct i ")f the 7).ng
-,-Y
w cf 3 decision mada by tl-c
XXc) .�-.s a nac.,.y for revic
nu;ld;nq T,%_7,CCtCr Cr other authority. in regard to the use of
unit #2, bldg.. A as an office in a).;.current R-5 zone.
2. a) Premises aifectcd are land X oni t-iiijing(s) x num!�crcr3
2 street.
b) Pro.niscs affected onre property -4itii frontage en the ::orth
sc*th I:ort (X) 'scot si(lo of
Strcct, ani) known as i,'o. vt
c) Pzcmiscs affected are in zoninq Dintrict R5, ort,] the j;rc-.i;--es
afrlctc(i i-.nva an area of 8 . 34a sy�xAxxx-Kux--ana f ro,,t,-,-,C of
285 feet.
a) Name and address of cwncr (it joint ownership, give all nor-,co):
Leo H. Xarras,
Alcott._yil1acr.e Condominium Trust
'nate of. -•urchase 198 9 Previous owner Sh&wmut Bank
i
b) :f applicant is not owner, clicck Itis/her interest in the PrCm i r,cs
n/a
-Frcspcctive Purchaser ---Lc s a a 'other (explain)
4 size of propos.cd front;— fact (300p:
N/A ):eight
a) �,pprcxiin,%to date of erection:—_-_—_______
b)
rection:------------
b) occuoancy or use of cacii floor:_------__--_—_
-y;e of ccnstructicn:
C) —-------------
5. Size ofexizting building:_— feet front:
lie igiit__—_s for ies: Ic
7
to of crection:
a P%pproximato do --------------
b occupancy cr use 04 eacii
-c Typo of construction:
—----------
G. iias ti*,cra, been -i previous -nprv-al iino,,.c on tiic:,,: 1)rnwi!;,r.?
no If so,
q,
T,,6R
Use of unit #2 of
`.'.bldg. A of- the Alcott Village Condominiums as a business office
� , related to the management of the complex.
recd 'ecc—lej � ;I -,C-Cl5try Dcc,_17, in Z�_C',, - 2981r_:e 1
-J Cc__ . Cc t. -.cat,. c. C C'.-(
zT`�.e rr- rci;ai points h i n 1
Z:t 5 e yapp.lic3tion ere as fcllcs!
p o
t to s t�t cd in dctzil unit. currently being used for office"
management purposes. The property a.buts' a gas station and is
located on Route 125. The property is currently zoned R-5.-
acrce 10
Cay t',-e 7:0 Lee,
s I n 9 is n e w s p a c r, 2.n0 r,c i d n t I
' expenses Z�
n7n e r I s i
-,.,cry a,.=i ;cnt;cn fcr, act.c., by t)-:!- !inard shall be mnaea cri a Porn ,),nprcv. d
bY- thle 2--ard. 7"hase fcr,-,.s Sl'� il oc furnisiej ty the Clcr% vr.on rcqI'_`2S"_
71ny to Ue an opplic;ition s)iall be tzrcrtca no -here
notice 0 n t Cr.t.; On t0 s ce:e c C!1 i C f u;,.t i I S UCII t me -C 3 it i S 0 c C.-I tl,c
off iciaL application fcrm. 'alt infc,rrationC -Icr by the form slioll
� cc f ur ni s-c J by t 1- a�I i—n t in the Ihc r a i,-I::pr c s cr i UcJ.
Evcry-a,^ 1 cation S I be L3 u tm i t t c,3 with a list of "Ilnrtics, ;n t r
;.which list shill ineluJe Una petitioner, nbuttcrn, cwncrn of InnJ directly
Pposite on any Public cc Private street or way, and abutters to .the
;abutters ,wi t1h i n: three ),undr ed feet 00 c f the property line of the
::c t i t i'or e r as 0-.-cy acocar . on the mcst recent applicable tax list,
�nctwithstancinq that the land of any such owner ie located in cncthcr city
'.or town, the Planning _card of the city or town,. and the Planning Board of :
.:every, abutting city cc-town.
Every application shall be submitted with an application charge cost i» •
::the- amount' of $25-00. In addition, the petitioner shall bd responsible
for any and all costs involved in bringing tlia petition before the Li3.nrd. -:;;j'!
Such, costs shall include �ailing and publication, but are t,.Qt necessarIly,.;..,;*,IV-, II
-limited to these.
Every application sl,,.311 be submitted with a pion of land or-,:,rnvc(I by the
Board.- No petition will L•c brought before the 110;ird uiilesr. snip] pl,,:i 11,%3
been submitted. Copies of the Poord's requirements regarding planD arc
attached'hereto cc, are available from the uoard of Appeals upon request.'
LIST OF 114 I11TEIIE!;,r
Usk '0,!c c
•`•For.
0jr-
."Por.any notices please contact to 'attorney for the pzetitioner-.%.
0. Roland Otlandi, Esquire
10 Trefnont Street, 5th Floot.
Boston, Massachusetts 02108 ''
_P
ry T
COMMONWEALTH OF MASSACHUSETTS
NORTHEAST HOUSING COURT
Plaintiff
Vs. Q No 9�2-elyo/F,9
}
(� Defendant
STIPULATION
The undersigned parties hereby stipulate and agree as follows :
1`� X�h��_a.,�G/�� � �r�.o_ • _ _ .�.-�, vim_y�.�_.
J
_�.�� ,r�rs�� Yuh��.,,..�•2. �� CJS�,e
C�
i
Once approved by the Judge, this agreement becomes a Court
Order and both parties are legally required to follow it.
If questions arise, please contact the Housing Specialist
Department at (508 ) 689-7833.
I understand I have the right to a hearing on my case before
a Judge, but instead I choose to sign this Agreement.
o
rSigned and dated Plaintiff S ' 'ap6 dated Defend t
Pl s Att n y Defend nt' s Att rney
sing Specia is Ju e David D. Kerm n
Cop' s (giv (mailed) to parties on
Submitted for consideration at the April Meeting of the-ZBA.
R E CE I Y1-7 i
DANIEL 1.19 !G
----0A;;D 01-' T0YVJ CI-e-RK
NORTH AJUVER
;:.FPL1C2%T.'C:-' FGR tELIEF Fr.C:i 'ri!1C CF rl;,!, Z0,N11"G
Alcctt Villace Concominium TrustFEB13 3 L47 FP '93
Leonides H. )�arraas ,�j,� ,,r L
",Ppl;can t 159* Prospect St . LLnenlburg,
1. I`catic-i is
a) Fcr ava r;,Ence frc-) t)ic rcc,-,ircncnts of section Far
a".0
-a i�i c cf t`•.e Zoning Ey L mss .
b) Fcr in Spcclal Frer.mit L:njcr sccticn__,-,2raqrar,'n. ;)f the. ,70r"nq
;Y Laws.
XX c) a Ccr revic, of 3 decision -ace by t1--c
T:%-zcctcr cr otl;er autlncrity. in regard to the use of
unit #2, bldg,. A as an office in &Iicurrent R-5 zone.
2. a) premises af-fccted arc 1anf1x 3.nj tuilLnin;(s) x -,-,L;:jjbCrCrj
2
LLL 3a --------------street .
b) Promiscs —fcctcL3 are property it!) frontacc, on the !:crt),
south ( ) L73rt (X) west ( ) Si(le of ------
Street, and mown as 1"o. Unit -42,--A-7-cott
c) Pre-vises affectcd .are in Zoning Dintrict R5, ajij the prcmiscs
ar"Icctc?] an area of 8 . 34a' nYxsmxF.5-a- and front,',c of
285 feet.
3. Owr.ershi?
a) Name anu a,?drcss of cwncr (if joint owncrsliip, give all naimco):
Leo H. Xarras,_ALq_qtj� Village_Condominium Trust
Date of Purchase 198 9 Previous owner Sh, a*wmut Bank
b)' if applicant is not owner, chock his/he' r interest in the premiscs:
• n/a Prcspcctive Purchnscr --Lcsce `Other (czpinin)
4 Size of proposed building:_ front;front, fact deep;N/A Haight- . -stories; -___foot.
a) ;,,:proxi'r-.ntC data of erection:
b) occuozr
cr use of each floor
C) of cc.r,.ct&-uct;cn:
s. size of. existing building: fact front;
stories;—
a) Approximate date of erection:--------------
b) occupancy or use of cac,i ficor:
c) Type of construction:
—----------
G. Has ti*.cra been a PrcviQun -iPrc:ll- 0:1111-
no If so, Whon?
:-c.t3 Li,::, Use of unit #2 of
. bldg- A of- the Alcott Villa ge Condominiums as a business office
,- related to the management of the compfe.k.
2981 1
',
::c. Ecc
'D
w h,i C h e my az' lication are zs :elle
) unit. #2 -is currently being used for office,,
i - management purposes. The property abuts' a gas station and is
located on Route 125. The property is currently zoned R-5.
-cf
Ce to ay t*lna filing fcc, advertising in newsna—er, �-nd inc;dantal
'! -Y
ner(si
z,*cry an=!_cot en on c:., action ty'- shall L,e -jade cn a forte z)r pr cvc
b t hl a hard. -J�J.Csa :,C:ns sl-�I.il 'cc furnis�,.e� by tlia cier�, uro-, re'q'cest.
.,nY ccl---1:c--ticn purporting to L;a an ci:pilcation S)IZ11 )>a trente3 z)3 mere
"notice of _I,-.tCr.t;C,-) to sce.k relief untiL such time -as it is mnt�cc C-) tile
0.. �Dl;coticn form. All :.n'crn.--Iticn 'C`3llcJ •fcr by the form s)iaii
be S-CJ by the oc.olicant in the -,.arner , �)icrain::prescriUcJ.
�Evcry-a,^,plication shall be ouhmittcd with a list of 'Tnrtics iii intcrest-
;.whicll list shall iocluOc tl-,c pcLitioncr, aL;uttcro, owncr-i of J:wd directly
;opposite on any Public or private strccE or way, and abutters to the
labutters wit'hin: thrce hundred feet (,,00' ) of tj)c property litre of the
*1 Zati tfon�r as t',',CY a ccoar . on the most recent applicable tax list,
'notwithstanding that the land of any such owner is located in another city
-or town, the Planning 2card of the city or town,. and the Planning Board of,;
..every abutting city cr town.
Every application shall be submitted with on alplication chorge cost in
the. amount' of Ic25.00. in addition, the petitioner shall bd responsible
-for a*ny• and all costs involved in bringing the petition before the L>oonrd
..-Such-costs shall include ;:ailing and publication, but are r:ct necessarily.,:
.1
.111ted to these.
Every application shall to submitted with a pion of iawl approved by the
board. No petition will be brought before the j)o.-ird unless sail 1 :1 iiZ3
*
been submitted. Copies of the noard' s requirements rcg--%rt3iw3 pionD arc
attached'hereto or are available fron the uoaard of I%ppeals upon request.'
1-is*r of I)Pl.!tTIES 114 11ITEAE!;T
CI
-
`Vor.any notices please contact to 'attorney for the petitioner*..'l.,*-,
0. Roland Orlandi, Esquire
10 Trefaont Street, 5th Floot
Boston, Massachusetts 02108 ''
7.
MO11 T1,
� f
a a •
. ~.....eAQ
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Alcott Village Condominium Trust
Leonides H. Xarras
159 Prospect Street
Zunenburg, MA Date:—March 25,_1993__
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals .
Kindly submit $5.22 for the following:
� g
Filing Fee $
Postage $5.22
i
I
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.
I �
Sincerely,
BOARD OF APPEALS
Linda Dufresne, Clerk
O`rYWM1ry,� .
KAREN H.P.NELSON Town of 120 Main Street, 01845
Director
` NORTH ANDOVER (508) 682-6483
BUILDING
CONSERVATION a0"°"peDIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
September 8 1993
Mr. James Xarris
Mr. Leonides H. Xarris
HML Development Corporation
2 Alcott Way - Unit #2
North Andover, MA 01845
RE: Court Order No: 92-CV-00159
ZBA Decision No: 015-93
Alcott Village Condominium Trust
Dear Sir:
Attached are copies of the referenced Court Order and ZBA
Decision. As noted in the Court Order, you had seven (7) days
to remove your office from 2 Alcott Way - Unit #2 after the April
13, 1993 denial by the North Andover Zoning Board of Appeals.
Mr. Frank Serio, Chairman of the ZBA, and I had a meeting
with you on September 2, 1993 and you agreed to vacate Unit #2 by
September 15, 1993, or sooner. Your cooperation in this matter
is appreciated and, if accomplished, will prevent any further
legal action by the Town.
Thank you for meeting with both of us.
Very truly yours,
i
D. Robert Nicetta,
Building Inspector
I
DRN:gb
Enclosures
c/J. Gordon, Town Manager
F. Serio,-qr.., Bd. of Appeals
K. Nelson, Div. Di �..
Delivered in hand. BOA _APP LS
k
BOARD OF APPEALS