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HomeMy WebLinkAboutMiscellaneous - 3 GREAT POND ROAD 4/30/2018MA $<00' -Wl 4 jk CPItP0R4jV.' 0:0 I,- APRILM TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE .... J UTY. Z 2 ..... 19.. �.6 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on . . T ue sday. e ve n i.n g ........ the ... I ? day of . A U 9v S t 19.8 6 , at 7 :. Vclock, to all parties M"terested in the appeal of Ce.nte.r Real.ty. Tru-st. of N . A. . � .............. requesting a *XiXgft of Sec. 4 Pa. r a . .1. 2 1. ( 1 9oy the Zoning By Law%R U , -I rMrmi t Sec. 10, Para3 fdVe ........................ the use..of. the..fi.rst. fl.00r..a5..a..d4Y..car.q. center for elderly persons ........... I .............. I ............................ ...................................................... ....................................... I .............. on the premises, located at ... 3 . G.r e at . Ro. n d. Roa.d ....... ....................................... o ............. By Order of the oa d of Appeals Frank Serio, r., hai rman Publ i sh i n N. A. Ci ti zen July 24 & July 31 1986 Legal Notice TOWN NORTH ANDOVER i BOA D OF APPEALS NOTICE 0 4 July 22,1986 RT �js hereby given. 6hard of Appeals 0 A ly, a hearing at the. Tow Building, North An- dover on Tuesday evening August, the i 2 day of 'Clock 10 all 1986, at 7:30 0 1 C les Interested 16 the ap- ,T I N' X. requesting a of- liter ealtY - (us Of I e' `Sec�A Para .12109) of the Zoning day UWso as,to pormij th� use of the first floor as a -6entit��for.�-tilderi�--'pers6ns on the premises, Za j66aied il qtj�,�06nd- goad.. JiBy�Ordei oI;thj Board olAppeals 1�p NW�h And(iier, Citlien; July 24 -&.July 31, k19 gr Legal Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE JUIY 22, 1986 N otice is hereby given that the Board of Appeals will g, S. ive a hearing at the -Town Building, North An. clover. on Tuesday evening the 12 day Of August, C 1986, at 7:30 O'clock , to all parties interested in the ap- peal of Center Realty Trust of Nj,Aq� olfeluesling a Special Permit of Sec. 4, Para 121 th Z ning By Law so as to permit the use of the first floor as a day care center for elderly Persons on the premises, located at 3 Great Pond Road. By Order of the Board of Appeals Frank Serio, Jr., Chairman. Publish North Andover Citizen, July 24 & Julv 31.& 1986. low VORTpl 0 60 SA t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Center Real ty Trust o'f N . A P. 0. Box 111 North Andover, MA 01845 Date: July 30, 1986 Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. KindLy submit $ 5.28 for the following: Filing Fee $ Paid Postage $ 5.28 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. 01.845. Sincerely, BOARD OF APPEALS Aud y W. Ta lor, Clerk Legal N011ce k li DOVER YW S:, BOARD OF AMALS NOTICE July 22, 1286* Notice is hereby., given Ahat the, Board Of Appeals I h viiii give i hearing at, t a lawn Building, North' An-'!'� I 'dam, on Tuesday evenlno,.' ust :the 12 day Of Are !'-1986. at 7:30'0'Cl 'to parties interested I V t N. A. rdq stin a - or Rea" Trust of 1[ of Sec ' 4 Para 121(19) of the Zoning 'jo as to permit th� use of the first floor as a day begItir" for elderly persons on the premises. V11 'Oreat Pond Road. T, , ,, 3 1 '.of the Board of Appeals k Chairman. �,A Serld. Jr., 24 orkh.Andover, Citizen, July July m,�: //Received by Town ft'&r 0 tal I EL G NORTH A0GVER JUL ZZ 37 AM '86 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE P.O. Box 111, 2 Johnson Street Applicant Center Realty Trust of North AndoverAddress North Andover, MA 01845 1. Application is hereby made: B) For a Special Permit under Section 4, Paragraph 121 (19) and Section 10 Paragraph 3 of the Zoning By -Laws. 2. a) Premises affected are land -and building(s) numbered 3 Great Pond Road SA=aak. b) Premises affected are property with frontage on the North South (X) East ( ) West ) side of Great Pond Road Street, and known as No. 3 Great Pond Road c) Premises affected are in Zoning DistrictR-3 , and the premises affected have an area of 11,734 square feet and frontage of 110 feet. 3. ownership a) Name and address of owner (if joint ownership, give all names): Center Realty Trust of North Andover, 2 Johnson Street, North Andgver. MA Date of Purchase September 15,1984 Previous OwnerNorth Andover 'Grange #128,- Ir b) If applicant is not owner, check his/her interest in the premises: -Prospective Purchaser Lesee Other (explain) 44 size of proposed building:_ front; feet deep; 11 Height stories; fe�t. a) Approximate date of erection: b) occupancy or use of each floor: c) Type of construction: 5. Size of existing building: 37 feet front; 66 feet deep; Height- 2 stories; 32 f e�-F. a) Approximate date of erection: 1910 ist: aauit aay center b) occupancy or use of each floor: 2nd: place of assembly (continuing previous. non -conforming use) c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? - yes If so, when?- 1986 Type of construction: Wood frame building; interior masonry wall (containing shimneys and heating ducts) separating front hallway and main part of building; hardwood floors, plaster walls, and metal ceilings throughout interior. 7! Der�cription of relief sought on this petition 10 See attached sheet 8- Deed recorded in the Registry of Deeds in Book 1868 Page 205 Land Court Certificate No. _Book Fa-- --- - —.— g6 The principal points upon which I base my application are as follows: (must be stated in detail) See attached sheet agree to pay the filing fee, advertising in newspaper, and incidental expenses* (4, alt-� nature of Pe-ETEione—rMs Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official appi-ication form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "parties In Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the4city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge. Cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a -plan of land appro . ved by the Board. No petition will be brought. before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST Name See -attached sheet Address (use a I dditional sheets if necessary) 4 aqo— rd P.O. BOX 111 2 Johnson Street North Andover, MA 01845 July 21, 1986 Chairman North Andover Board of Appeals 120 main Street N. Andover, Massachusetts 01845 Dear Mr. chairman: Enclosed herewith please f ind the petition of the Center Realty Trust for a Special Permit with respect to the premises at 3 Great Pond Road. I have enclosed floor sketches of the f irst and second floors of the subject building. Should you require further material, please contact me immediately so that I may arrange to have the same available to you prior to the hearing scheduled for August 12, 1986. Should you have any questions regarding this matter, please do not hesitate to contact me. EA/pc Enclosure 2124p very truly yours, CENTER REALTY TRUST OF NORTH ANDOVER EUGENE H. AVRETT, Trustee :1 7. Description Of Relief Sought: Petitioner seeks a Special Permit pursuant to Sections 4.121(19) and 10.3 of the Zoning By -Law to allow the use of the first floor of the premises as a day care facility for elderly persons. 0501C 11 8. Principal Points Upon Which Application Is Based: The petitioner seeks a Special Permit from the Board of Appeals under Sections 4.121(19) and 10.3 of the Zoning By -Law to enable the petitioner to continue the use of the first floor as a day care center. As the subject building is located in a Residence -3 District, the use of the first floor as a day-care facility can allowed by Special Permit issued by the Board. Presently, the first floor is occupied, under a Lease Agreement with the Petitioner, by Henry C. Nevins Homes for the Aged and Incurable, Inc. , doing business as the Nevins Adult Day Health Care Center (the "Center" ) . The Center operates as an activity center for elderly individuals ("Clients") during the day time only. There are four to five resident staff members working at the Center. The number of individuals who are presently enrolled at the day care center is 48. On the average, there are 25-30 Clients on the premises at any one time. The day care center operates from 8:00 a.m. to 4:00 p.m., Monday through Friday. The Clients are provided transportation to the Center and no parking is required for these individuals. There are two spaces provided in the front of the building to accommodate short term, parking for the two vans that transport the Clients. Day -long parking is necessary only with respect to the resident staff. There are four parking spaces on the premises located on the east side of the building and two spaces on the west side of the building, which provides 4 adequate parking for the resident staff. There is also a sixty car public parking facility within 100 yards of the building which can be used to accommodate visitors to the day care center. The use of the first floor as an adult day care facility is an appropriate and socially beneficial use of the building, would not adversely effect the neighborhood, and would not present a nuisance or serious hazard to vehicles or pedestrians. The building contains adequate and appropriate facilities to accommodate a day care center use. The use of the first floor of the building is in harmony with the general purpose and intent of the By -Laws all as required in section 10.31 of the By -Laws. The use of the first floor as an activity center for elderly individuals satisfies an urgent town need for such facilities and is beneficial to the public and to the town and does not derogate from the purpose and intent of the By -Laws. As the Board is aware, the Petitioner was before the Board in May, 1986 seeking a determination that the second floor of the building could be used as a place of assembly. Although located in a Residence -3 District, the building has been continually used as a place of assembly since its construction in 1910 and constitutes a lawful, pre-existing non -conforming use. It is the Petitioner's intention to seek a permit from the Building Inspector to allow the installation of a sprinkler system in the building in order to satisfy building code requirements for the continued use of the second floor as a place of assembly. -2- 0502C '-Z LIST OF PARTIES IN INTEREST NAME AND LOCATION MAILING ADDRESS 1. Center Realty Trust of North 2 Johnson Street Andover North Andover, MA 01845 3 Great Pond Road (Petitioner) 2. North Parish of North Andover Academy Road Academy Road North Andover, MA 01845 Michael C. Donovan 10 Johnson Street 10-12 Johnson Street North Andover, MA 01845 4. Richard F. and Joan B. Poutenis 447 Stevens Street 447 Stevens Street North Andover, MA 01845 5. Everett and Ruth G. Hamilton 451 Stevens Street 451-453 Stevens Street North Andover, MA 01845 6. Morris F. and Ruth G. Dunn 455 Stevens Street 455 Stevens Street North Andover, MA 01845 7. David and Cynthia M. Silva 459 Stevens Street 459-461 Stevens Street North Andover, MA 01845 8. Sylvio Kuzminski P.O. Box 53 465 Stevens Street Intervale, NH 03845 9. George W. and Geraldine C. 469 Stevens Street Kannheiser North Andover, MA 01845 469 Stevens Street Leo A. Ellsey 475 Stevens Street ,,-'10. 475-477 Stevens Street North Andover, MA 01845 11. Arthur R. and Ruth Drummond 38 Johnson Street 38 Johnson Street North Andover, MA 01845 0502C '-Z GREAT PONo r,>c)Aj) EXIT LL EXIT LL R LL LL 43. rm =--: B PH 11 91 -2,� < LL V) til Li -I LL R LL LL 43. rm =--: B PH 11 91 -2,� < LL V) til Li -I 37 �+ 6 im I Q ELI L -U w IN a, N CL Die LU w NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREXT NORTH ANDOVER, MA 01845 INSPECTOR OF BUILDWOS ELECTRICAL INSPECTOR GAS INSPECTOR BoaAd o4 AppeaL6 Town O�4ice Buitding NoAth AndoveA, Ma. Genttemen: Augu,st 11, 1986 Re: Petition 6�1 Cente& Reattyltust I have no objection to the gtanting o4 a zpeciat peAmit to CenteA ReaLty Ttu/st 4oA the opexation o�l a Day Ca)te centeA at this Zocation. Howeve&, i� theAe is to be any di,6cussion tega&ding the use o4 the second �ltoot, I ,tequut that the BooAd detay any di�cwssion untiZ I can be ptuent. VeAy tAuey youxs, CHARLES H. FOSTER F INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF: a4 TZL. 688-8102 P.O. BOX 111 2 Johnson Street North Andover, MA 01845 July 21, 1986 Chairman North Andover Board of Appeals 120 Main Street N. Andover, Massachusetts 01845 Dear Mr. Chairman: Enclosed herewith please f ind the petition of the Center Realty Trust for a Special Permit with respect to the premises at 3 Great Pond Road. I have enclosed floor sketches of the first and second floors of the subject building. Should you require further material, please contact me immediately so that I may arrange to have the same available to you prior to the hearing scheduled for August 12, 1986. Should you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, CENTER REALTY TRUST OF NORTH ANDOVER EA/pc EUGENE AVERETT, Trustee Enclosure 2124p R E C 5 1 VE't DANIEL '04G, NOR -1 H A:'[!GVER SEP 10 .11 39 AM '86 CHU^ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk 120 Main Street North Andover, MA 01845 0 -Dear Mr. Long: -all be 1.0ed Nrl, appeal S", �0� '(�,e �t�jlm �2-0) e`a�s 3Y_ Not -ice NN ot60 0\,Na t"e 00ce,. cler'4. S,eptember 10, 1986 Peti tion #11 -87 Center Realty Trust of N.A. 3 Great Pond Road The Board of Appeals held a public hearing on August 12, 1986 upon the application of Center Realty Trust of N. A. requesting a Special Permit from the requirements of Section 4, Paragraph 121(19) and Section'10, Paragraph 3 of the Zoning ByLaws so as to permit the use of the fi rst floor of the premi ses as a day care faci 1 i ty for el derly. persons. The following members were present.and voting: Frank Serio-, Jr., Chairman, Alfred Frizelle,'Vice-chairman, William Sullivan, Raymond Vivenzio and Anna O'Connor. 0 The hearing was advertised in the North Andover Citizen on July 24 and July 31, 1986 and all abutters were notified by regular mail. Motion made by Alfred Frizelle and seconded by Raymond Vivenzio to GRANT the Special Permit'so as'to permit the use of the first floo.r of the pre mises as a. day care facility for elderly persons.The vote was unanimous to grant this Speci Al Permit and the Board feels that this. petition will not deter from the neighborhood. SJ,rice re 1 y , BOARD OF APPEALS //Ch.airman ��ank Serio, 0 r 14 W 4" t M '00 RECEIVED DANIEL t.0 -IG TOWN CI-FiRK A ILY" P. NORTH ANDOVER. C :86 SEP 39 AM TOWN OF NORTH ANDOVER MMSACHUSETTS �BOARD Of APPEALS NOTICE OF DECISION Center Realty Trust OLf N. A. P. O.,Box 111 Date - - Sep tember .1.0 .1986.. North Andover, MA 01845 Petition No.. . a.7 ........... Date of Hearing. . A u g.0 s t. . 12.,..1.9 8 6 Pe . tition of ..... P r..R� AJ ty... Tr4 of N.p.rt.h.. APA o.v.e r ......................... 11'reriaises affected ............... �..Q ne.4 t..PQri.j..Ro a.d .................. ................ Special Permit Referring to the above petition for axj;*tAqMfrom the requirements of ft -Sec-tion.4.,... Rara-gra-ph- -1-2-1-09.) - a.nd- -Seic-tio.n. .1-0.,.-Para.g.raph - 3- -of. -the -Z-oni-ng- ByL.aws.. so as to permit . t -he. -us e, o.f - the - -f i rs.t. f.1 o.or. of . the..p nemi.ses. -as. a ..day..ca.re' f at 0.1. ity. f Q r..e )Ae'rly'. Pe r-s-on..s .................................................... After a public hearing given on the above date, the Board of Appeals voted to . R P T ... the P. e r!�. i. t .......... for. use­of'�'f i.r.st. -f loor. on.1-y ........... ................................ .Signed Frank Serio, Jr., hairman .......... Alf re -d - frizelle ,. Ni ce"ohal rm8n ......... W -i-1 1-i-am—Sul-I ivan ............. ......... Ra-ymond- -Vi ven.zio ........... ....... An-na- -OIC-onn-or .............. ................................ Board ot Appeals