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HomeMy WebLinkAboutMiscellaneous - 30 MASSACHUSETTS AVENUE 4/30/2018 (5)DE-ci-G1,90N DUE ON: IV 0 bo nt�. rh 60 ILI Legal Notice TUWN OF WIFRTH �N_DO VER MASSACHUSETTS BOARD OF APPEAL9_* NOTICE qua'? 21,1981f, #� - , Apd NotIca'Is hereby g�� that.5' 'the Board of Appeals will give' a h earing Vat the jown Building. N'* orth Andover, on Tuesday evening the 12th day AcHus of May, 1987, at 7:30 o'clock, to all parties interested In the appeal of Unity Realty Trust -Essex requesting a variation of Sec. 7 , Parag. 7.4 & Table 2 of the Zoning By Law So as to Permit increasing the permitted building height from 46 feet to 46 feet, a net increase of one (1) foot on the premises located at Proposed building at 30 Mass. Ave. By Order of the BDa(� of Appeals Frank Serlo, Jr., Chairman Publish in North Andover Citizen April 23 and April 30, 1987 18227-18228 Legal Notice illlil% ANboVM BOUD OF APPEALS NOTICE ril 21,1987 0 Notice is hereby given that "V the of Appeals will give a headn 9 at the Town Building, North Andover, on �'Tuesday evening the 12th day C Of May, 1987, at 7:30 o'clock, to all Patties interested in the appeal of Unity Realty Trust-Ess8x requesting a variation of Sec- 7 , Parag- 7.4 & Table 2 of the Zoning By Law so as to permit increasing the Permitted building height from 45 feet to 46 feet, a net increase Of One (1) foot on the premises located at Proposed building at 30 Mass. Ave. BY Order of the Board of Appeals Frank Serio, Jr., Chaimian Publish in North AndDver Citizen April 23 and April 30, 1987 18227-18228 ---Legal Noti7ce — OVER M—NOF N—OffrIll 'MD MASSACHUSETTS 'BOARD -.OF APPEALS TICE AP6121�nl 987 �iv that Notice is hereby ! ) 0 the Boaro of Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening the 12th day of May, 1987, at 7:30 o'clock, C to ail parties interested in the appeal Of Unity Realty Trust -Essex requestin ,g a variation of Sec. 7 , Parag. 7.4 & Table 2 of the Zoning By Law So M tO permit increasing the permitted building height tram t.5 feet e � ) toot on,,Lhe premises to 46 feet, a net increase of on �`I located at proposed building at, 30 Mass. Ave. By Order of the Board of Appeals Frank Serio; Jr., Chairman Publish in North Andover Citizen April 23 and AP61 30, 18227-18228 1987 &AAA 4 APNILT" 1855 VT TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE April 21 .... 19. 87 Notice is hereby given that the, Board of Appeals will give a hearing at the Townbuilding, North Andover, on ..... Tuesday. evening ........ the ... Utbay of ... �14Y ................ 19.8 7 , at 7.:.39j'clock, to* all parties interested in the appeal of Unity. Re.alty.Trus:t7l�ssex ........................... requesting a variation'of Sec..7,. F4;rAg .7.4. k of the Zoning Table 2 By Law so as to permit .............. ............ I ...... increasing the. permitted.building. b9ight. fr(?T.-45. feet (I)- foot ; ....... to '46'fo-bet',' ' 'a _t* 'intr 0a8e. of one ...................................................... ......................... ..................... ...... on the premises, I ocated at... proposed. bu;Uding. at. �Q. Mass Ave. ..................... ...................... By Order of the B ard of Appe o , Jr. , Frank Seri airman Publish in the N.A. Citizen on,April 23 & April 30, 1987, Ar Zoning Board of Appeals - Decision North Andover Hearing No.: 1987-061-4 Date: August 29, 2008 UAPPLICATION TYPE: SUBMISSION DATE: Variance 1 412111-987 1 Applicant's Name: Owner's Name: NAME: Unity Realty Trust -Essex NAME: SPRUCE WOOD REALTY TRUST CHIEF FINA ADDRESS: .30 Massachusetts Ave. ADDRESS: 30 MASSACHUSETTS AVENUE TOWN: �7 ZIPCODE: - TOWN: NORTHANDOVER STATE: h I ZIP CODE: 01845 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Surveyor's Name: STREET NO.: 30 MASSACHUSETTS AVENUE SITE 20NING: GB COMPANY NAME: TOWN: NORTH ANDOVER MA 01845 ACTION TAKEN: ADDRESS: MAP: 002.0 BLOCK: 0005 LOT MAP DATE: SECTION OF BYLAW: 7.4- Building Heights TOWN: STATE: I ZIP CODE: Book: 3553 Page: 1151 PHONE NO.: FAX NO.: NATURE OF PROPOSED WORK: EMAIL ADDRESS: Variance from 7.4 & Table 2 in order to raise building 1'above FE.M.A flood plan elevation per Planning Board stipulation. 0". ARDSHIP: CONDITION OF APPROVAL: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 512611987 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 612011987 411611987 512611987 612(1987 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: I I 1 5112(1987 511211987 ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: ISECOND 1 1 712511987 712511987 MEMBERS PRESENT: VOTE: IMOTION MADE BY: I SECONDED BY: I VOTE COUNT: I DECISION: MINUTES OF MEETING: 101 GeoTMS@ 2008 Des Lauriers Municipal Solutions, Inc. U v., in ih,� Petition of: Unity Realty Trust -Essex 30 Massachusetts Avenue IAORTki 0 1 �-q 0 0 SACH 15 TOWN -OF NORTH'ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: #61-87 DECISION 5 At' 187 The Board of Appeals held a public hearing on May 12, 1987 upon the application of Unity Realty Trust -Essex requesting a variation from the requirements of Section 7, Paragraph 7.4 and Table 2 of the Zoning ByLaws so as to permit in- creasing the permitted building height from 45 to 46 feet, a net increase of one (1) foot. The following members were present and voting:- Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule and Anna O'Connor. The hearing was advertised in the North Andover Citizen on April 23 and Apri'l 30, 1987 and all abutters were notified by regular mail. Mr. Richard F. Kaminski of Kaminski Associates represented the petitioner and stated that the Planning Board had stipulated that the first floor elevation, which is currently EL 34.50 U.S.G.S., be raised to El 35.2 U.S.G.S.. in order that the first floor slab elevation be one (1) foot above the F.E.M.A. flood plan elevation of EL 34.2,.which required raising the building height one*(l) foot above the permitted zoning height. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board VOTED ,to GRANT the variance as requested. The vote was unanimous. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning ByLaws and the granting of this variance will not derogate from the intent and purpose -of the Zoning ByLaws nor will it adversely affect the neighborhood. Dated this 18th date of May, 1987.,- /awt .rO RD OF.APPEALS , 7. C d ran�S10-rio, ji. Chairman I v Unity Realty Trust -Essex 224 Foster Street N. Andover, MA 01845 APPILT" X TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Ly Date ......... 11�y- 1987 ........... petition No.. .61-87 .............. Date of Hearing.. . �14Y. Petition of .... Vpi.ty .�eqj�yj.rust-Es.s.e.x ........................ ......................... Promises affected ...... !Q. M4PA,4qb4$4Pt:tA.AvePPP ......................................... Referring to the above petition for . a variation from the requirements of tkw . S e ra.ion . 7 ...... Yaragraph .7.4. and Table. 2..Qf the. ZQniug. ByLaws ................................... so as to perniit ..increasing. the. permitted.. building. hp-ight. f rom .45. to. 4.6. 1 eet,. a . net. increase. of. one. (1)..foot .................................................... After a public hearing given on the above date, the Board of Appeals voted to ... GRANT .... the* variance. .................... I ...... and hereby authorize the Building Inspector to issue a permit to ..... Unity. -Realty -Trust -Essex ............................................ ......... for the construction of the above work, baied upon the following conditions: Signed ......... FraAX.$qrio.,. Jr .,,.Chairman .............. ........... Alfx�ed.Frizelle, Vir_ia:-.(zhairviaXi I ......... ....... Waltex Soule .................. Anna .0.'. Connor ............ Board of Appeals Unity Realty Trust -Essex 224 Foster Street N. Andover,.MA 01845 bA APRM M C U VV TOWN OF NORTH ANI)OVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date ........ �14y. 1987 ........... Petition No.. . fi�7§7 .............. .Date,of Hearing ... �14Y- T§87 ... Petition of .... VP#y .4eqT.�y. Trq�t-Es.s.e.x ....................................... ...... Premises affected ...... !Q M4s-sAqbV$1P��t.s Avenvie ......................................... Referring to the above petition for a variation from the requirements of thw. Sect.ion. 7 ...... .�aragrap.h .7. 4. and Table. 2. of . the. Zoning. ByLaws ................................... so as to permit .,increasing. the. permitted., building. height'. f rom .45. to. 4.6. f eet,. a . net. inc.rease. of. one. (1). 100t. .......... .......................................... After a public hearing given on the above date, the Board of Appeals voted to ... GRANT.... the varianc-e .................. I ........ and hereby authorize the Building Inspector to issue a permit to ..... Unity.lRealty.Trust-Essex ................................................ for the construction of the above work, based upon the following conditions: Signed 11 .. ( ....... FraAX.5pi�i. Jr..,.Chairman ... .............. .......... ........ Avgqs�tine. N�c.kprwn,. C.lQrk ... ...... Walt.e.r. Soule ................... ..Anna.0.Conno.r ................ Board of Appeals ne c e v e Y - � k 1;*7 I,"l, C1 TOWN OF NORTH'ANDOVER, MASSACASIETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREME14TS OF THE ZONING ORDINANCE Applicant Unity Realty Trust -Essex- Address 224 Foster St. N. Andover, MA 11. Application is hereby made: a) 'For a variance from the require ments 'of Section 7 Paragraph 7.4 and Table 2 of the Zoning By Laws. C b) For a Special. Permit und.er.Section—P.aragraph —of the Zoning By Laws. c) As a Party Aggrieved, for revie w of a decision made by the Building Inspector or other authority.. 2. a) Premises affected are land *and building(s) numbered proposed building at 30 Mass. Ave.-, -----Street.. b) Premises affected are property with frontage on the North (xx) South East West side of Massachusetts Ave. Street, and known as No... 30 Massachusetts Ave. (formerly�___Street c) Rremises affected.are in Zoning District GB and the -remi ses + p affected have an area of -46,000-, square feet and frontage of 191,06 —feet. 3. Ownership a) Name and address of owner (if joint ownerships ve all names): Linda Ferrante and Douglas Greenawalt, Trustees of Unity ReaTtY.Trust-Essex, 224 Foster St., N. Andover, MA Date of Purchas e 12/31/86 Previous Owner Ronald White b) If applicant is not owner, check his/her interest in the premises: -Prospective Purchaser - —Lesee Other (explain) Size of proposed building:' 76' f ront; 1001- feet deep;' Height 4 . . stories.; 46' f-ee-E. a) Approximate- date of erection:' Building is proposed b) occupancy or use of each� floor: Office space' c Type of construction: Structural steel frame and concrete 5. Size of existing building: N/A feet' front; feet deep; Height stories; fee -C. a) Approximate date of erection: N/A b) Occupancy or use of each floor: N/A -6) Type of construction: N/A 6. Has there been a previous appeal, under zoning, qn-these premises? No If so, when? The present owners have never applied for an appeal on these premises." 7,' Description of relief sought on this petition increase the peri�itted' building height from 45 feet to 4.6 feet, a net incr . eas'r,`--of one (1) foot. Deed recorded in the Registry of Deeds in Book Page to be recorded Land court C-trtificate No. Book 'Page 61:11.1; The principal points upon which I base my ap�.licatibn are as follows: .(must be stated in detail) See attachment �i agree expense pay the filing fee, advertising .1 in newspaper, and incidental Signature of X/etitio erts) plication for action b the Board sh all be 'made on a form approved Ever ap y 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 application form. All information �6alled .,for by the form shall ;.%'prescr be furnished by the applicant in.the manner �hereiin. ibed. Every application shall be submitted with a list of:,."Parties In Interest". which list shall include the petitioner, abutters, owners of land directly opposite on any public.or private street or way, and abutters to the abutters -within'three hundred feet (300'.) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another citV or town, the Planning Board of the city or town,.and the Planning Board of�� every abutting city or town. *Every application shall be submitted with*an application charge cost i n. -.**,4 the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the peti-tion before the Board....'".." 41. Such_costs shall include mailing and publication, but are not necessarily,... limited to these. �Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said planha s 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 Address See'attached list.. * "A (use additional sheets if'necessary) The principal points upon which I base my application are as follows: The North Andover Planning Board has conditionally approved a Special Permit for site plan review for this project. A copy of the Planning Board's decision is enclosed with this submittal. The petition for site plan approval was condi tionally granted based upon seven items outlined in their decision. Item number 6 stipulates that the first floor elevation, which is currently EL 34.50 U.S.G.S., be raised to EL 35.2 U.S.G.S. in order that the first floor slab elevation be one (1) foot above the F.E.M.A. flood plain elevation of EL 34.2. In order to conform to this requirementr we request that a variance be granted to allow the petitioner to raise the proposed building height one (1) foot in elevation which would make the building 461 high instead of 451 which is currently permitted by zoning. We suggest that by requiring the additional increase in elevation, the Planning Board has caused the petitioner a hardship, by making the proposed building height non -conforming to the zoning regulation, and subsequently, to grant a variance for this request will not derogate from the intent and purposes of the Zoning By -Laws nor adversely affect the neighborhood. 0 MINW-W M! List of Abutters Mobile Oil Corporation Mobile Administrative Service P. 0. Box 290 Dallas, TX 75221 Patob Realty Trust 1 Massachusetts Ave. N. Andover, MA 01845 David B. & Leona M. Hollins,., - 12 Hamilton St. N. Andover, MA 01845 James R. & Claudette McMurray 25 Massachusetts Ave. N. Andover, MA 01845 Charles W. & Marie E. Manzi 29 Massachusetts Ave. N. Andover, MA 01845 is J. & V. Realty Trust 14 Chickering Rd. N. Andover, MA 01845 Homes located in the City of Lawrence /4�4'r- /'o 7 3s ei� OFFICES OF: AI�IPLALS BUILDING CONSERVATION HEALTH PLANNING t4ORr4 0 Town of NORTH ANDOVER DIVISION OF PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR APR 0 -S. li%�! Mr. Daniel Long, Town Clerk Town office Building North Andover, MA 01845 Dear Mr. Long: April 7, 1987 120 miain Street North Andover, Massachusetts 0 1845 (617) 685-4775 Tzl� Re: UNITY REALTY TRUST 30 MASSACHUSETTS AVENUE SPECIAL PERMIT THROUGH SITE PLAN REVIEW The North Andover Planning Board opened the public hearing on Monday evening, February 23, 1987 and continued the hearing to March 2, 1987 in the Town Office Meeting Room upon the application of Dale P. Euga for Unity Realty Trust Essex. The hearing was advertised in the North Andover Citizen on January 15 and January 22, 1987. The following members were present at the March 2, 1986 meeting: Michael P. Roberts, Vice -Chairman; John L. Simons, Clerk; John J. Burke, Paul Hedstrom. and Erich W. Nitzsche, Chairman. The petitioner seeks a Special Permit under Section 8, paragraph 3; Site Plan Review. The purpose of the Site Plan Special Permit is to review the proposal to demolish, the existing structure and to construct a 46,000 square foot office building to be used for corporate offices. The premises effected are located in a General Business(GB) Zoning District at 30 Massachusetts Avenue (formerly the site of Jilly's Restaurant) possessing 6800 square feet and a street frontage of 225 feet. John Simons read the legal notice and opened the public hearing. Letters from the Highway Department, the Board of Health, Fire chief, Police Department, Police Chief, and the Division of Public Works were read into the record. Dale P. Euga, Architect, and Richard F. Kaminski, Kaminski Associatesf were present to represent the owner. Mr. Kaminski made the presentation. The following was discussed: -The site is 1.6 acres. -The proposed building will be 46,000 square feet. -There will be 93 parking spaces provided. -School bus will be allowed to turn around as has been done to present. -Model of nronosed structure will be provided to the Planning .Office by Dale Eugal Architect. -Lighting and Landscaping ideas were discussed. -Entrances off of Mass. Ave. will remain the same. V MOTION: Michael P. Roberts SECOND: Paul A. Hedstrom VOTE: Unanimously to close the public hearing and take the matter under advisement. The following Members were present and voting at the April 7, 1987 meeting when the Board rendered their decision: Erich W. Nitzsche,. Michael P. Roberts, John L. Simons, John J. Burke and Paul A. Hedstrom. MOTION: By Michael P. Roberts. SECOND: John L. Simons. VOTE: TO CONDITIONALLY GRANT THE PETITION FOR SITE PLAN APPROVAT, UNDER THE SPECIAL PERMIT PROCESS FOR UNITY REALTY TRUST ESSEX, THE APPLICANT, SUBJECT TO THE FOLLOWING: The Planning Board has determined that the propsed USE is permitted at the site in accordance with Section 4.128 - General Business District of the Zoning Bylaw. 2. The Planning Board has also determined that the scale and size of the propsed building is in keeping with the surrounding neighborhood, and thus will not generate an excessive amount of traffic and will generate commuter traffic instead of the all day restaurant traffic of the previous use. 3. All exterior lighting shall shine inward to the propertv and not toward any abutting land or buildings. 4. In accordance with.the Fire Departments recommendations dated 1/23/87 and Highway Surveyors recommendations dated 2/23/87. 5. A complete detailed landscaping plan shall be submitted for review under the reapplication. Subject to security. to be retained by the Town for proper planting and supervision. 6. Documentation will be: submitted to the Planning Board that ce . rtifies that the first floor elevation of the building will be:a minimum of one foot above the FEMA Flood Pla I in Elevation. 7. As Built Plans will be submitted to the Planning Board for Approval prior to issuance of an occupancy Permit. In conditionally granting this Special Permit, the Planning Board finds pursuant to Section 10.31 CONDITIONS FOR APPORVAL OF SPECIAL PERMITS OF THE ZONING BYLAW the loll -owing: - T . he siter 30 Massachusetts Avenue, is an appropriate location for the proposed USE; - The USE, an office building, will not adversely affect the ne ighborhood. The location of this site as it relates to the surrounding environment requires a limitation to placed on the size of operation and extent of facilities, as allowed under Section 10.31; - There will be no nuisance or serious hazard to vehicles or pedestrians if the applicant complies with the aforementioned stipulation in this decision; Adequate and appropriate facilities, such as town water, sewer and adequate parking and green space, will be provided for proper operation of the proposed uses. Based on site visits, the hearing process, and reviews from outside departments and agencies, the Planning Board will -permit the allowed USE to be considered harmonious with the 'general' purpose and intent of the Zoning Bylaw. Sincerely, PLANNING BOARD Erich Nitzsche Chairman EN/kn cc: Fire Chief Highway Public Works NACC police Chief Health Building Applicant Engineer State DPW State DEA File Interested Parties OORr�j 0 OFFICES OF: Town of 120 Main Street AFI--1EALS North Andover, NORTH ANDOVER Massachusetts 0 1845 PiCILDING. CONSERVATION DIVISION OF. .(617) 685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR May 12, 1987 Board of Appeals 120 Main Street North Andover, MA Gentlemen and Anna: Re: Zoning hearings this date: 1) Paul & Beverly LeClerc - from our examination of the plans it appears that the LeClercls also require an additional variance on the lot front- age and the front setback of the proposed building; 2) Crusader Paper, Inc. - we have examined the plan for Crusader Paper and find it an excellent plan; however, it does.not show the required 15 ft. setback from the lot line of any excavation. Nothing is shown regarding the burial of stumps or wood on the site. Slopes in excess of the 2:1 requirement are shown on the plan. There is no estimate given showing the number of cu. yds. of fill to be removed. We recommend that there is a signature block affixed to the pian and that it be signed by the Board, if approved, and made a part of the decision; 3) Orlando J. Campisi (Mablin Ave.) - the petition of Orlando Campisi is properly before the Board having referenced the correct sections of the By -Law; 4) Unity Realty T.rust/Essex (Jilly's) - in ex amining the plans, we find that there is no.signature block,fo:� the Zoning Board of Appeals and,that the floor elevation is not the required 35.2 U.S.G.S. as shown on the Planning Board's site plan approval. It appears that the applicant is required to keep the grades around the building to that'shown on the approved site plan and ralse the building one ft. (all as required by the Planning Board), thus creating a need for a height variance; 0 May 12, 1987 -2- 5) Jefferson Children's Center, Inc., 790 Turnpike Street we recommend that there be a signature block on the plan andthat the Board sign any approved pl�ns and makethe plans part of the decision; 6) James & Ruth Carabello - James Carabello was refused :a,:. Building Permit because his proposed addition would be too close to the side line; 7) William Canty - Mr. Canty was refused a Building Permit due to the fact that his'proposed.addition is too close to the side line. Very truly yours,, Charles H. Foster, Inspector of Buildings & Zoning Enforcement Officer CHF:gb cc: Dir., DPCD t 16. 'IsAcs4us Ik TOWN OF NORTH ANDOVER MASSACHUSETTS' BOARD OF APPEALS Date: 7, lff7 oaff Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board -of Appeals. Kindly sVbmit for the fo Ilowing:. cv, Filing Fee $ Postage $ Your check must be made payable to the Town of Nortb Andover and may be sent to my attention at the Town office Building, 120 Main Street, North Andover, Mass,. 01845. Sincerely,