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HomeMy WebLinkAboutMiscellaneous - 2350 TURNPIKE STREET 4/30/2018 (2)us C? C/11 7r- n TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ... Augubt. 2.1.,....19.86 Notice is hereby given that the Board of Appeals will give a heating at the Town Building, North Andover, on. T U" darn evening . ... .the 9tk.. day of . September .......... • . 19.8.6 , at7:3oo'clock, to all parties interested in the appeal of EASTERN TECHNOLOGIES;..LTD.......... .............. requesting a variation of See. .7 .. T#ire onin l�ca.:..2...3.8.. 2L g By Law so as to permit...the . eAeefiion e6 a- bux2t&ng .... 30.9 2 6t, Jaom a . ,6 i de. :ne Aa the&- -than. the. A.equ iAed 54 It; ............................................... ...................................................... on the premises, located at ... 2350- Taupihe- S A-eet ....... ............................................... By Order of the Board of Appeals ' Frank Serio, A. , Chad4man Pub.C.i.6h E -T: 8/25 8 9/1, 1986 P.Cea6e wend b.itt to: Ea6.teAn Teehnotogieb, Ltd! 7 KdmbaU Lane, Lynn6ie,2d, MA 01940 NORTHANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice isA h ust 21, 1986 ,that the Board of A given als )will give a hearin at the TowBuildinggat the An- dover, on Tueday eveningrth the 911h day of September 19", at 730 o'clock, to all Parties Interested In the ap- ppeat of EASTERN TECH- NOLOOIES, LTD. requesting a variation of Sec- 7, Para. 7.3 and Table 2 of the Zoning By Law so as to permit the erection of a building 30.92 ft. from a sideline rather than the re- quired 50 ft. on the r Ises located i at prem- I" St. 2350 By Order of the Board of Appeals Frank Serlo, Jr. 1E -T— Aug. 25, Sept. 1,1an 986 TOWN OF NORTN AN OVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice IsA herebyust en that the Board of Appeals . will give a hearing at the Town Building, North An-' dov,h 9th day on uofdSept•mb@rr 1NG, of 7:30 o'clock, to all Parties Interested in the ap- peal of EASTERN TECH- NOLOGIES, LTD. requesting a variation of . Sec. 7, Para. 7.3 and Table 2 of the Zoning By Law so as to permit the erection of a building 30.92 ft. from a sideline rather then the re -1 quired 50 4t: on the prem- ises located i at 23501 Turnpike St. By Order of the Board of Appeals Frank Serlo, Jr. E -T— Aug. 25, Sept. 1C, 1986 an f 1 ;LEGAL NOTICE TOWOF NORTH ANDOVER i MASSACHUSETTS # BOARD OF APPEALS NOTICE ust1986 Notice Is Auhe eb 1' given that the Board of Apeals will give a hearing at the Town Building, 96rth An- dover, on Tuesday evening; the 9th day of September 1986, at 7:30 o'clock, to all parties Interested in the ap- peal of EASTERN TECH- =NOLOGIES, LTD. requesting a variation of ESec. 7, Para. 7.3 and Table 2 of the Zoning By Law so as to permit the erection of ,a building 30.92 tt. from a sideline rather than the re- quired 50 ft* on the prem - "a located at 2350 ,Turnpike St. By Order of the Board of , Appeals Frank Serio, Jr. E -T— Aug. 25, Sept. 1C, 1986 an S. s 3� y�t.�•° ,n ,ti0 0 0 � r < � n F • y ( � 9SSICHUSft� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE 1986 Notice IS herebust y given iven that the Board of q peals will give a hearing Appeals the I Town Building, North An- dover, on Tuesday waning the 9th day of September 1986, at 7:30 o'clock, to all parties Interested in the ap- peal of EASTERN TECH- NOLOGIES, LTD. requesting a variation of Sec. 7, Para. 7.3 and Table 2 of the Zoning By Law so " as to permit the erection of a building 30.92 h. from a sideline rather than the re- quired 50 ft. on the prem- ises located i at 2350 Turnpike St. By Order of the Board of Appeals + r Frank Serio, Jr. IE -T— Aug. 25, Sept. 1,,h986 airmes 9 T 310 CMR 10.99 J.OY%E Bf��HO:��N�1 T WON NORT N APjDSER 7 1 !,5 N '95 Commonwealth of Massacnusetts DEPr4efi 242-761 (To t* crw-000 vy OEFI C,ry.Town North Andover MA— aoaucant Order of Conditions Massachusetts Wetlands Protection Act _ G.L. c.131, §40 and under the Town of North Andover's We Bylaw, Chapter 178 From Nor C To Joseph DiGrazia Same (Name of properly owner) (Name of Applicant) 2350 T North Address Address Andover, MA 01845 This Order is Issued and delivered as follows: (date) ❑ by hand delivery to applicant or representative (date) by certified mail. return receipt requested on This project Is located at 2350 Turn ike Street No The property is recorded at the Registry of Northern Ess--- Boo ssex Hoo 4101 Page 44 Certcicate (if registered) The Notice of Intent for this oro)ect was files on July 25, 1995 (date) The oublic nearing was closed on August 16, 1995 (date! Findings The North Andover Conservation Commission has reviewed the abovee-referenced NoticOf aseo on the Information avaiianle to the Intent anc :.tans ana nas nets a puplic nearing on the profact• a NACC at this time. ttie NACC has deterrnlned that rests in coroance the area on wnicn the proposed worts is to be oone is significaonc eattnn JollArea Sub ec2eo Prote a on Unser tnetn lowing in the Presumptions of Significance set florin in the regulations . entation Act (G:eck as appropnatel: Ch. 178 Prevention of erosion and std containing shellfish Flood control Fisheries Public water supply Storm camage prevention �j Private water supply Q� Protection of wildlife habiTdt Ground water supply Prevention of poifuuon e - ar. R c pilon Ch. 178 e Slate Share � t t � Total Fling l=ee, Submitted (t/ fee in excess cf SZS) Cityi7own Share 137 .50 State Portion S • City�own Portion S Total Refund Due S (1/2 total) (1/2 total) 4 . •, fA Received by Town Clerk: ra Flt�4t—t v,..c. �` TO,,IY T}L•Et1` t4b R 1 t3 5nJ" F i' TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant EASTERN TECHNOLOGIES, LTD. Address 1. Application is hereby made: a) b) c) 2. a) b) c) 7 Kimball Lane Lynnf ield, MA 01940;: For a variance from the requirements of Section .7 and Table 2 of the Zoning By Laws. For a Special Permit under Section Paragraph of By Laws. Paragraph 7.3 the Zoning As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. .0 . Premises affected are land X and building(s) X numbered 2350 Turnpike Street (Parcel B.) Street. Premises affected are property with frontage on the North ( ) } South ( ) East (X) West ( ) side of Sharpners Pond Road Street, and known as No. 2350 Turnpike Street (Parcel B) Street.h.; — _previous b) If applicant is not owner, check his/her interest in the premises:':f<<'" Premises affected are in Zoning District 1_1, and the premises:'; affected have an area of 3.12 square feet and frontage of +` 165.91 feet. acres a) Approximate date of erection: November, 1985 3. Ownership a) Name and address of owner (if joint ownership, give all names): r •r4! OSHKOSH REALTY TRUST, 7 Kimball Lane, Lynnfield, MA 01940 Date of Purchase 4/13/84 Owner 153 Merrimack Corporate — _previous b) If applicant is not owner, check his/her interest in the premises:':f<<'" Prospective Purchaser X Lesee Other (explain) 44 Size of proposed building: 160' front; 200 feet deep; 2815" "1 r Height 1 stories;32,000 sg•feet. k- a) Approximate date of erection: November, 1985 b) Occupancy or use Of each floor:assembly/metal fabrication ... ';.q� '''�"''"�?��•..: C) Type of construction: Steel with concrete/monopanel facade 5. Size of existing building: feet front;p; feet dee Height stories; feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? No If -so, when? L 7. Description of relief sought on this petition To allow the cons truct'ion''i of a building with a sidevard set back of 30.92' rather than the reu i�ped.50;':','.;, Essex South District I ti.x ads ''8. Deed recorded in the Registry of Deeds in Book 7jRj- Page SOA Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) SEE ATTACHED SHEET I agree to pay the filing fee, advertising in newspaper, and incidental expenses EASTERN TECHNOLOGIES 2 k} z Sig ture o ioDn Every applica ion for ac ion by the Bo rd sha made on a form approveby the Board. These ms shall be fu shethe Clerk upon request. Any communication purporting to be an application shall be treated as mere. notice of intention to seek relief until such time as it is made on the ?j official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed.F'-; Every application shall be submitted with a list of "Parties In Interest".:;r,`::,``'' which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (300') of the property line of the petitioner as they appear on the most recent applicable tax list,' notwithstandin that the land of an such owner is located in another cit g Y Y. or town, the Planning Board of the city or town, and the Planning Board of °f every abutting city or town. *Every application shall be submitted with an application charge cost the amount of $25.00. In addition, the petitioner shall be responsibl for any and all costs involved in bringing the petition before the Boar Such costs shall include mailing and publication, but are not necessari limited to these. Every application shall be submitted with a plan of land approved by t Board. No petition will be brought before the Board unless said plan h been submitted. Copies of the Board's requirements regarding plans ar attached hereto or are available from the Board of Appeals upon request LIST OF PARTIES IN INTEREST Name Address ✓. John M. and Adena M. Doyle 2324 Turnpike Street North Andover, MA 01845 t y Meadows Realty Trust v Patricia Minasian Edward M. Knowlton 2357 Turnpike Street North Andover, MA 01845 2302 Turnpike Sweet North Andover, MA 01845 2302 Turnpike Stkeet No, th AndoverL,- MA 01845 Tower o� North Andove)L 13oated o4 Seteetmen 120 AlaEn Stteet NoA,th AndovetL, MA 01845 4� (use additional sheets if necessary) 4�11 4"', r f ^} f "! 1 .i�Y7 .li:. APPLICATION OF EASTERN TECHNOLOGIES, LTD. The principal points upon which I base my application are as follows: 1. Unsuitable subsurface soil conditions necessitated a shifting of the foundation location and a reorientation of the founda- tion itself by 90°. During this process, a field engineering calculation error resulted in the inadvertent placement of the foundation within the 50' sideyard setback zone required for I-1 developments. The removal of said foundation at this time will result in undue economic hardship for Eastern as well as such substantial delays in construction of the new fabrication facility as to seriously jeopardize its ability to complete numerous defense contracts for the U.S. Armed Forces. 2. The granting of the requested variance will not affect or adversely impair the property rights of any abutter. Further, it will not diminish the surrounding property values as the proposed use is consistent with those uses permitted within the I-1 zoning district. 3. The proposed facility will greatly enhance the assessed value of the parcel and therefore provide increased real estate tax revenues for the Town of North Andover. 4. The unsuitable subsurface soil conditions existing XXXV( XU on the remainder of the site require the placement of the foundation at its present location. If living quarters;,are to be remodeled, or areas are to be converted into living quarters,,.• in addition to the plot plan, five (5) copies of the following described plans shall be furnished: 4h` A floor plan of peach floor on which remodeling is to be done y. or areas converted into living quarters; 2. A floor plan showing the stairways, halls, doors opening into ,.. the halls, and exit doors of each floor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All proposed work shall. be shown in red. The size of each-plan shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 t` inch equals one' -foot. I.a,':: All plans and elevations presented with the petition shall remain ae. ' a part of the records of the Board of Appeals. 4 S For petitions requesting variation(s) from the provisions of Section 7, Paragrpahs 7. 1, 7.2, 7.3, and 7.4 and Table 2 of the Zoning By Law for conveyance purposes only, a plot plan, certified by a registered engineer or land surveyor, of the parcel of land with a structure thereon being conveyed, will be acceptable to the Board of Appeals provided: G�i�yc oYffils r i•�r` , filet 1. The.dwelling(s), structure(s), or building(s) were constructed .�.: prior to March 14, 1977. 2. The petition is not to allow construction or alteration to °rnr, the dwelling(s)'' structure(s), or building(s) which will re- '""' sult in the' need for the issuance of a building permit. ''.. 3. The size of the;; plan shall be no smaller than B 1/2 x 11 inches and must show the existing area of the parcel, the existing frontage, and the existing setbacks of the rrr,dwelling(s), structure(s), or building(s) being conveyed. {, r 4. Proper space isoprovided on the plot plan for the Board's signatures, as well as adequate space for the following information: date of filing, date of public hearing, and tom' date of approval. 4rh, ^R{Y4a°'' k:. POF LAND TO ACCOMPANY PETITION r,Each' application ands"petition to the Board shall be accompanied by 3pr' ive. (5) copies .ofthe following described plan: The size of. -the fplaw shall be 11 x 17, drawn to scale, 1 inch equals 40 feet;nit'fshall have a north point, names of streets, °�:�• zoning districts, dmes. and addresses of owners of properties ..within a minimum oftt 200 .feet of the subject property, property 'r'lines. and locatio'4"if buildings on surrounding properties. The location of, buildings or use of the property where a variance is r yet},: requested. and distances from adjacent buildings and property lines shall be verified `in the field and shown on the plan. The dimensions of the.lot and the percentage of the lot covered by the q� principal and accessory buildings and the required parking spaces shall be shown. Entrances, exits, driveways, etc. that are pertinent to the granting of the variance shall be shown. All -,proposed data shallr''be shown in red. topographical feature of the parcel of land relied upon for a :variance, such as ledge, rock peat, or natural condition of water,_ brook, or river, shall be shown on the engineering plan. When a ^variance is requested to subdivide a parcel of land, the dimen- sions and area of the surrounding lots may be taken from the deed ?` or lotting plan forr4 comparison of the size of the lots in the neighborhood, note&,on the plan as such, and marked "approximate". ;R� The plan shall ' be.f.signed and bear the seal of a registered surveyor� • ',. or engineer. Any Plans presented with the petition shall $J" 4':remain a part of the records of the Board of Appeals. �k a If living quarters;,are to be remodeled, or areas are to be converted into living quarters,,.• in addition to the plot plan, five (5) copies of the following described plans shall be furnished: 4h` A floor plan of peach floor on which remodeling is to be done y. or areas converted into living quarters; 2. A floor plan showing the stairways, halls, doors opening into ,.. the halls, and exit doors of each floor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All proposed work shall. be shown in red. The size of each-plan shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 t` inch equals one' -foot. I.a,':: All plans and elevations presented with the petition shall remain ae. ' a part of the records of the Board of Appeals. 4 S For petitions requesting variation(s) from the provisions of Section 7, Paragrpahs 7. 1, 7.2, 7.3, and 7.4 and Table 2 of the Zoning By Law for conveyance purposes only, a plot plan, certified by a registered engineer or land surveyor, of the parcel of land with a structure thereon being conveyed, will be acceptable to the Board of Appeals provided: G�i�yc oYffils r i•�r` , filet 1. The.dwelling(s), structure(s), or building(s) were constructed .�.: prior to March 14, 1977. 2. The petition is not to allow construction or alteration to °rnr, the dwelling(s)'' structure(s), or building(s) which will re- '""' sult in the' need for the issuance of a building permit. ''.. 3. The size of the;; plan shall be no smaller than B 1/2 x 11 inches and must show the existing area of the parcel, the existing frontage, and the existing setbacks of the rrr,dwelling(s), structure(s), or building(s) being conveyed. {, r 4. Proper space isoprovided on the plot plan for the Board's signatures, as well as adequate space for the following information: date of filing, date of public hearing, and tom' date of approval. 4rh, � NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR Board o4 Appeas Town 0�6ice Bu,%ed,Lng Nv th Andovetc, Mo. Re: Ea/stekn Techn6t6ctie�s Ltd. G enttem en: September. 9, 1986 It wars dete vined by this depaktment that the new bu,i ed%ng being consth.uc ted by Eastum Technotogie/s wals in viola ion o4 the setback tequitements. They were ondeAed to ,stop cowstAuction untie the violation ways cokr ected. They have etec ted to appeal to youtc Boa&d 4oA a vaA i.ance and the Building DepaAtment ha/s agreed to attow them to continue with co"thucti.on on a potrtion o% the building not in viotatc.on o4 the setback tcequilLements See attached cotfte/spondence. very tau ty yomz, CHARLES H. FOSTER INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF: a4 Enc. TEL. 888-8102 Eastern Technologies Ltd. (,nrp ralt 1 1,110M, i's l vl ifichl I\llril'dll Line, 1 , -I wl,1, 11. 1 0/ ')40lr'r/�,, (L1'1 _r •/G i 00 August 22, 1986 Mr. Charles H. Foster, Jr. Building Inspector Town of No. Andover 120 Main Street North Andover, MA 01845 Re: Eastern Technologies, Ltd. Dear Mr. Foster: This letter shall confirm my oral understanding of the agreement reached with your office on August 22, 1986 relative to the continuation of construction activities at Eastern!s 2350 Turnpike Street facility. 1. On or before August 22, 1986, Eastern will file an application with the Town of North Andover requesting a variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of its Zoning Bylaws. Said application will address the ' encroachment of the existing foundation's northwest corner into the required 50' side -yard set back area established by the Town's Zoning Bylaws. 2. During the pendency of the variance process, Eastern will be allowed to continue its construction activities, including steel erection, in accordance with the Plan submitted to your office entitled "Foundation As -Built Plan of Land, 2350 Turnpike Street in North Andover, Mass", dated August 8,:1986 and prepared by Boston Survey Consultants. e 3. Your approval to proceed with construction is expressly,4,subject to the following conditions: A. to that' no work:` be. conducted within' ' the) area designated on the Plan as ;v "Pr;oposed Foundation Alterations"; and, r 4 rr Y q t� Y B. in the event Eastern's variance application is denied, that Eastern will immediately proceed with said foundation alterations as shown on the referenced plan so that the completed structure will in fact be placed in conformity with the Town's Zoning Bylaws. I would like to take this opportunity to thank you for your cooperation in helping us resolve this matter and would simply note that. the Town of North Andover is well served by your efforts and diligence. eg 1 Very truly yours,- - �^ G. She )fid B�inghaiJf Execut e\ -Vice President v. f Y B. in the event Eastern's variance application is denied, that Eastern will immediately proceed with said foundation alterations as shown on the referenced plan so that the completed structure will in fact be placed in conformity with the Town's Zoning Bylaws. I would like to take this opportunity to thank you for your cooperation in helping us resolve this matter and would simply note that. the Town of North Andover is well served by your efforts and diligence. eg 1 Very truly yours,- - �^ G. She )fid B�inghaiJf Execut e\ -Vice President 1 ' O�(•w1t,r� 0 OUCT 5 AM ?86 7 REC` I V _EED OCT 28 1986 NCRTI" ANDO`dER BUILDING DEPT. O, NORTH ,� • Y. ,SSACMUStt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Dear Mr. Long: In h i i� c�dC' ai/ b C/er �C' OF;�"Gt °% t .ls ` �r the k, e of the Notice .Town October 20, 1986 Eastern Technologies, Ltd. 2350 Turnpike St., (Parcel B) Petition #87-22 The Board of Appeals held a public hearing on Tuesday evening, October 14, .1986 upon the application of Eastern Technologies, Ltd. The hearing was advertised in the Lawrence Eagle Tribune on August 25, and September 1, 1986 and all abutters were notified by regular mail. The following members were present and voting: Mr. Augustine Nickerson, Clerk, Mr. Alfred Frizelle, Vice-chairman, Mr. Walter Soule, Mr. William Sullivan~ and Mr. Raymond Vivenzio. The petitioner seeks a variance from the requirements of Section 7, Para. 7.3 and Table 2 of the Zoning ByLaws so as to permit construction of a building with a side,yard set back of 30.92' rather than the required 50', on the premises located at 2350. Turnpike St., (Parcel B). Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted to DENY the petition as requested, vote was unanimous. The Board finds that the petitioner should have had prior knowledge of,this problem and stopped construction so that it could be corrected as soon as possible. Sincerely, BOARD OF APPEALS IZZ4� Alfred Frizel e, Vice-chairman /aw t 01 DANIEL ;_x-};10 r' OCT 23 9 45 AM °86 AFMILYT9 .' I•.. 1835 _ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Eastern Technologies, Ltd. 7 Kimball Lane Lynnfield, MA 01940 b6 filed W'L.Jn (::.i:; c'^y� after the date cf cf this Notice in the Office of the Town Clerk. - Date ...October.. 2.0, ..198.6 .... Petition No.... P.7.- 2 2 ............. Date of Hearing... O c t ober 14,..19 8 6 Petition of ... Eastern. .Technologies., . Ltd.. ......................................... Premises affected .......2.354 • Turnpike • Street • •(Pa•rce•1 • B•)• • • • • • ................... . Referring to the above petition for a variation from the requirements of the . S e.c t Lo n ..7. , :. . • .. •Paragraph • 7•.•3. and. •Table..2- of - the. -Zo-nin.g • ByL• aws. • .................... . so as to permit -cons truc t -i -on. -of- -a-bui-lding. with • a. •sideyard• -se-t .back. -of- •30 .92' ....ra-the-r - than. -the - requ-ired .50 � ..................... • • • • • • ................... . After a public hearing given on the above date, the Board of Appeals voted to ... DEN.y.... the .... var•iance....................... fWftgJRWQX4Rt9)iM(:A J?ftrj13AtXk4Cc ............................................................................ *wxft iM ►xQ(A'R lskqn M Signed 7��kd-C-Frizelle-j dice.- chairman • I • • . •Augustine INi-cke,rsan , Cle,rk• ... I—wi•12iam•Sullivan -••••• *—* Wahter s�ui.�.................. Raymond. Vive.nzi-o............ Board of Appeals