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Miscellaneous - 350 GREENE STREET 4/30/2018 (2)
I 0 ) —/ )J, m�� / / / � /� — V�/ \_�' ' o E 0 v N c O `4 M 0 O `w v�LoM� h O dam. 00 N qr cy) ��pgp8 Ci Q X C1 00 W Op c) � u C s0, tri o d 3 n of 0 oecic� NA owe 3 ✓✓✓/ Town of North Andover O tie° y'�h (� Office of the Zoning Bard ®f Appeals 0 Community Development and Services Division 27 Charles Street ---- North Andover, Massachusetts 01845 "Ssac►+usEt D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing. of this notice in the office of the Town Clerk. Notice of Decision Year 2003 Property at: 350 Greene Street Telephone (978) 688-9541 Fax ((978) 688-9542 This is to certify that twenty (2Dl days have elapsed from date of decision, filed without filing of an app6al.. Date !%3 Joyce A. Bradshaw Town Clerk NAME: Capital Group Properties, 259 Turnpike Road, Southbridge, MA HEARING(S): January 14, 2003 ADDRESS. for premises at: 350 Greene Street PETITI©N: 2002-056 North Andover, MA 01845 1 TYPING DATE: January 21, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, January 14, 2003 at 7:30 PM upon the application of Capital Group Properties, 259 Turnpike Road, Southbridge, MA for premises at: 350 Greene Street North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for front and side setbacks, from Paragraph 7.6 and Table 2 for Floor Area Ratio, from FN -1 #2 for Landscape Buffer, and from Section 8, Paragraph 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building, with frontage on the South side of Greene Street within the I -S zoning district. The following members were present: Walter F. Soule, John M. Pallone, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley. Upon a motion by John M. Pallone and 2"d by George M. Earley,. the Board voted to GRANT the dimensional Variances for relief from Section 7, Paragraph 7.3 and Table 2 for a front setback of 7.4' and left side setback of 7.6', from Paragraph 7.6 and Table 2 for a Floor Area Ratio of 0.1.1.1, from FN -1 #2 for a Landscape Buffer, and from Section 8, Paragraph 8.1 (7) for relief of 3'from required driveway width in order to construct a proposed 43 unit apartment building on condition that that parking be allowed on Greene Street along with the walkway from Greene Street to the Shawsheen River per Zoning Compliance Plan, sheets 1-3, prepared for: . North Andover Residential Property, LLC, by Philip G. Christiansen, Registered Professional Engineer, #28895 and Michael J. Sergi, Registered Professional Land Surveyor, #33191, Christiansen .& Sergi, 160 Summer St., Haverhill, MA 01830, date: November 10, 2000, rev.: 12/15/00, 11/26/02. Voting in favor: Walter F. Soule, John M. Pallone, Scott A. Karpinski, Ellen P. McIntyre, and George M. Earley. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not cause substantial detriment to the public good and will not nullify or substantially derogate form the intent or purpose of this Bylaw. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a rlew hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantia.<use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearCD m�g. LJ Decision 2002-056. :^l rl ae Cop;)' fes✓ �'. ' '��.,«:r',1 �,� '.t o J n� Cle" Town of North Andoverf — C_), c-, _. Board of eais APp = _=1, _"= Walter F. Soule, Vice Chairman `(j Board of :appeals 688-9541 Building 689-.045 Conservation 688-9530 �-J Health 688-9540 Planning 688-9535 . yt/ f . .. Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Divisioj 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-93 Fax (978) 688-95 Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant; shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit grant under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Decision 2002-043. Town of North Andover Board of Appeals, William J. S llivan, Chairman Page 2 of 2 y Board of Appeals 688-9541 .Building 688-9545 Conservation 688-9530 Health 688-9540 .Planning 688-9535 ay Ah ESSEX NORTH REGIST RY OF DEEDS LpiRENCE, MASS. --� p TRUE COPY: ATTEST' z Es . sex North County Registry of Deeds 381 Cbmmon Street Lawrence, nassachusetts 01840 03/05/03 NORTH ANDOVER "caIvcn/I*L KM # 37 Recx Type PLAN uU[. 12944 C. P. # 38 Rec. Type CERT DOC. 12945 C. P. Copies Total # 39 Payment Check THANK YOU! Thomas I Burke me zster of Deeds 65.00 20.00 10.00 20.00 �OO ` U n Es . sex North County Registry of Deeds 381 Cbmmon Street Lawrence, nassachusetts 01840 03/05/03 NORTH ANDOVER "caIvcn/I*L KM # 37 Recx Type PLAN uU[. 12944 C. P. # 38 Rec. Type CERT DOC. 12945 C. P. Copies Total # 39 Payment Check THANK YOU! Thomas I Burke me zster of Deeds 65.00 20.00 10.00 20.00 �OO � • e N Town of North Andover„ORTa Office of the Zoning Board of Appeals F: ey ".• Community Development and Services Division « _ 27 Charles Street North Andover, Massachusetts 01845 9SSACHUS D. Robert Nicetta. Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 —0 r� CD _ Legal Notice E5 North Andover, Board of Appeals w ` 0 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 14'h of January, 2003 at 7:30 PM to all parties interested in the appeal of Capital Group Properties, 259 Turnpike Road, Southbridge, MA, for premises at: 350 Greene Street, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for front and side setbacks, -from Paragraph 7.6 and Table 2 for Floor Area Ratio, from FN -1 #2 for Landscape Buffer, and from Section 8, Paragraph 8.1(7) for relief of driveway width in order to construct a proposed 43 unit apartment building. The said premise affected is property with frontage on the South side of Greene Street within the I -S zoning distract. Plans are available for review. at the office of the Building'Department27 Charles Street, North. Andover; MA; Monday through Thursday from the hours of 9:00 AM to 2:00 PM.' By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on December 30, 2002 &January 6, 2003. Legalnotice 2002-056. W UQ) ,Lsw"Do `mHoJc.... �o'°O�£ �°cmmrnV roriEi°0 � a)ID-dC Q d�°2 °iaE paI ) `NOMoZ5()-oo�mNa>Wp oo mu)0. (0 °�-ZoQV a��oQ IOU �MQC �Q�^r-EE anLO�O O ZONOLNLO6aC"Lp�Or ,° ^OcNt0OmQCL M. 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No.; 3y�,, �/�J or PO Box No. a l/ !" • /� ��1 IiJ ---- / v ,� City, State, ZIP+4 --------------------- - PS Form - 3800, January 0 -0 O tr rn 00x fig:.. tr M O Postage $ M M O C3 Postage $ p- Certified Fee Certified Fee Postmark O O Return Receipt Fee (Endorsement Required) Return Receipt Fee Here O O Restricted Delivery Fee (Endorsement Required) (Endorsement Required) O Total Postage &Fees $ !G "'� Ln O M O (Endorsement Required) Sent To - -- - rc� // r!C"�.--l& ----------------------------------- rU O Street, Apt. No.; or PO Box No. r-3 � City, State, ZIP+4 -------------------------------------- Total Postage & Fees PS Form :00 January 2001, . 0 3- ri Postage $ 1- Certified Fee Postmark lJ Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee ::3 (Endorsement Required) . M Total Postage & Fees $ - n Sent To ll Street, t. o.; f ./)� --:3 or PO Box No. , -"�yr� _) /! �-+- --_- S �_ jo � ----------- City, State, ZIP+4 Y c -15 �JFS Form 3800, January 2001 See Reverse for lnstructions,� w M rU neiurn neceipt ree nese O (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) LtrOl Total Postage & Fees $ Ln Sent To « r_J1 � Ira f rt_�V-yam- rU Street, Apt. No.; O or PO Box No. h1 11 / �bs� O - ---------------- -- "ll ��VIIIIII ---- ------------ - ----------------- City, State, ZIP+4 PS Form :00 January 2001 M CO m 3. M O Postage $ M Er Certified Fee ;:- C3 Return Receipt Fee Postmark O (Endorsement Required) Here O Restricted Delivery Fee O (Endorsement Required) - O -q $ Total Postage &Fees u7 O Sent To -------- - - GrpA---LQI.e rll Street. Apt. 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C3 (Endorsement Required) C3 aTotal Postage & Fees L$ Lr) C3 Sent To 9 rU C3 ----- -----W-------------------------------------------------------------------- Street, Apt. No., or PO Box No. —Srf C3-cwy r- --------------------- ------------------------------------------------ 61 �#-s PS Form 3800, January 2001 See Reverse for Instructions -0 -- all rn F Aj M C3 Postage M Certified Fee Postmark ru Return Receipt Fee Here C3 (Endorsement Required) C3 Restricted Delivery Fee M (Endorsement Required) C3 1-1 Total Postage & Fees $ Ln C3 Sent To i - ru s�;;t,Apt. -rvo.; O or PO Box No- C3--- ------- — -------------- - City, State, ,t r- A/ "'E4 _0 4 (!5 ) m' PS Form 3800, January 2001 See Reverse for Instructions -1 M Er M M C3 Postage M U- Certified Fee Postmark M Return Receipt Fee Here C3 (Endorsement Required) C3 Restricted Delivery Fee C3 (Endorsement Required) Total Postage & Fees L171 C:3 Sent To ru Street, -Apt. No -------- .... 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No.; or PO Box No. y�l V O � Crty, State, ZIP+4 !/✓ ---- ---- OA -f --------------------------------- PS Form 3800Aanuary 2001ee Er �— m mz,e s rT1 M Postage $ 0 M Certified Fee IIT - Postage C3 Return Receipt Fee ru (Endorsement(Endorsement Required) C3 Restricted Delivery Fee Required) C3 (Endorsement C3 Total Postage & Fees $ a Ln C3 Sent To ru Street, Ap[. No.; O C3City, r or PO Box No. - --------IP -4 f State, Z+4 Postmark Here n- rn u 4 M 0 Postage $ M Q— Certified Fee M Return Receipt Fee O (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) � Total Postage & Fees $ �. Lrj 0 Sent To -------- lc_-- aS- rll Street, Apt. No.; O or PO Box No. 3 O---------------- - l r— City, State, jlP+4 (\ I � . ,\ _ r — � I: C" Y +, Cn � Postage m O Certffled Fee m t Fee Retur eeRec squired) N (Endorsem QQ Fee Q RestrictedD (Endorsement R q & Fee Q Toial Postage rq tJ-1 Sent To „P AP o.; n3 orPOB NO Q City. State, ZIP+4 r l Postmark Here �� U 0 ! is --------------- .'I ---- 0 s rT1 7 7- fYl Postage $ Postage C3 M Q' Certified Fee Postmark fU Return Receipt Fee 'Here A (Endorsement Required) C3 Restricted Delivery Fee O (Endorsement Required) C3 Total Postage & Fees $ a Total Postage & Fees Ln Sent To T1�( //�� �% iR 1L�� /J _ /' i J — ru O Street, Apt. No., or PO Box No. �1 way-MXa----L' /X -- O Lr) E3 n- rn u 4 M 0 Postage $ M Q— Certified Fee M Return Receipt Fee O (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) � Total Postage & Fees $ �. Lrj 0 Sent To -------- lc_-- aS- rll Street, Apt. No.; O or PO Box No. 3 O---------------- - l r— City, State, jlP+4 (\ I � . ,\ _ r — � I: C" Y +, Cn � Postage m O Certffled Fee m t Fee Retur eeRec squired) N (Endorsem QQ Fee Q RestrictedD (Endorsement R q & Fee Q Toial Postage rq tJ-1 Sent To „P AP o.; n3 orPOB NO Q City. State, ZIP+4 r l Postmark Here �� U 0 ! is --------------- .'I ---- 0 rT1 a . M O Postage $ M 0-• Certified Fee Postmark ru M Return Receipt Fee (Endorsement Required) Here M Restricted Delivery Fee M (Endorsement Required) C3 Total Postage & Fees $ a Lr) E3 M FSentTo/7/'----- t. oO No. -- ------------ Y- Cdy State, ZIP+4 --------- M F- r M rn M M C3 Postage $ C3 Postage M M Er Certified Fee Ir Certified Fee Postmark Postmark ru Return Receipt Fee Here ru Return Receipt Fee Here C:3 (Endorsement Required) C3 (Endorsement Required) E:3 Restricted Delivery Fee C3 Restricted Delivery Fee C3 (Endorsement Required) C3 (Endorsement Required) C3 M Iq Total Postage & Fees $ 191 Total Postage & Fees $ Lr) Lr) C:3 Sent To C3 Sent To w s4 k -------------- ---------------------- t, . jeit ru Apt. rij Street, Apt. No.; C3 or PO Box No. C3 or PO Box No. M------------------------- C3 ------------------------------------------------- PS Form 3800, January 2001 See Reverse for instructions PS Form 3800, 001, See Reverse for Instructions �U.S. - • oService U.S. Postal Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT (Domestic Mail On1Y; No Insurance Coverage Provided) 1 Dome stic Mail Only; No Insurance Coverage Provided) I ( -0 Ln Er 7, Ir M A M M Postage M Postage C3 M C3 Er Certified Fee M Certified Fee Postmark Postmark Ir Here Here ru Return Receipt Fee C3 (Endorsement Required) ru Return Receipt Fee C3 (Endorsement Required) 1=3 Restricted Delivery Fee C3 Restricted Deliver' Fee C3 Endorsement Required) , alive . red) C3 (Endorsement Required) C3 Total Postage & Fees C3 Total Postage &`Fees $ P(14P Ln [San, To Ln ------------- C3 Fg--t N 3.- or r PC Box N C3 To P1 IV To No.. rU Streel,--)-No r3 orPOBox"No. ox No. _0 ------------------------- ad C3 . ..... V bc ............... 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City, State, ZI + dP KWI: 19 19 1 =IBM. ■ IM MMAW IN alai" B o 1 r� Postage $ m p Postage $ N„ M �— Certified Fee tT Certified Fee Postmark Postmark v =1 Return Receipt Fee (Endorsement Required) e Here FU CO Return Receipt Fee (Endorsement Required) Here. ::3 Restricted Delivery Fee (Endorsement Required) — O Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ p Total Postage &Fees _1 —1 U p fll Sent To , --'L-4-V6 Street, Apt. No.;� J b�� Sent To Street, Apt. No.; or PO Box No. �/ ✓✓✓IIILLL----------------- p O or PO Box No. �� ��� ----o �I ' — City, State, ZIP+4 / City, State, ZIP+4 P� Form :00 January 2001:11 January 2001- Reverse for Instructi dP Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 13'nof February, 2001 at 7:30 PM to all parties interested in the appeal of James Sheridan, Trustee of Richmond Realty Trust, for premises at: 350 Green Street, North Andover, requesting a Variance from Section 7, Paragraph 7.3, of Table 2 for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building. Said premised affected is property with frontage on the North side of 350 Green Street, within the I -S Zoning District. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on January 30, and February 6, 2001. Legalnotice2001/3 Reviewed by: [ y r a t ; Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 13'nof February, 2001 at 7:30 PM to all parties interested in the appeal of James Sheridan, Trustee of Richmond Realty Trust, for premises at: 350 Green Street, North Andover, requesting a Variance from Section 7, Paragraph 7.3, of Table 2 for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building. Said premised affected is property with frontage on the North side of 350 Green Street, within the I -S Zoning District. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on January 30, and February 6, 2001. Legalnotice2001/3 Reviewed by: ZBA 116 Date TOWN OF NORTH ANDOVER RECEIPT This certifies thatP-11- ij. I ..... ........................................... haspaid.. ...... .......................................................... for..... ...................................................................... Receivedby . i—All ......................................................... Department..... 2-..3)-A ..... ................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer ZBA 115 —4 Date TOWN OF NORTH ANDOVER RECEIPT This certifies that .CAPIP.1 has paid,# .�-`2.O.l ... 0.0 ..... ( ....................................................... .......... e JY,.-E'�' t....... 6for .............. ... Receivedby.. ...................................................... Department..... ;?—.6A ........................................................................ WHITE: Applicant CANARY: Department PINK Treasurer - �aq � — o 3-4 NORTH ANDOVER RESIDENTIAL PROPERTY, LLC w TOWN OF NORTH ANDOVER Date Type Reference 11/20/2002 Bill EXTEND VARIANCE 11/20/2002 Original Amt. Balance Due Discount 50.00 50.00 Check Amount 1002 Payment 50.00 50.00 1021 MIDDLESEX SAVI FEE -EXTEND VARIANCE 50.00 4a -14F-? -� D. Robert Nicetta Building Commissimw July 15, 2002 Town of North Andover Office of the Building Depent Community Development and Services Division 27 Charles street North Andover, Massachusetts 01845 Representative Bradley H. Jones, Jr. Massachusetts House of Representative State House — Room 124 Boston, MA 02133 RE: Zoning Opinion Dear Representative Jones: Telephone (978) 688-9545 Fax (978) 6$8_9542 I have been requested to write an opinion regarding the compliance ofthe proposed 43 unit Riverbend Crossing development for people 55 years of age and over to be located at 350 Greene Street in North Andover, Massachusetts. An application for a special permit for this project was submitted to the North Andover Planning Board in 2001 and subsequently granted in June of that year. It has -come to my attention that this project cannot proceed because it is to be constructed on less than five acres of land. According to MGL Chapter 151E Section 4.6, housing for persons 55 and over must be constructed on contiguous parcels ofland five acres or greater in size. As the zoning enforcement officer it is my opinion that in conjunction with the North Andover Housing Authority property located adjacently at 310 Green Street, which is housing for the elderly, the property meets and exceeds the minimum contiguous five -acre requirement. Should you have any question, please feel free to call me. Sincerely, D. Robert Nicetta Building Commissioner Zoning Enforcement Officer CC: Heidi Griffin, Director CD&S BOARD OF APPEALS 6889541 BUILDING 688-9545 CONSERVATION 68&9530 HEALTH 60-9540 PLANXWG 68&9535 Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner July 15, 2002 Mr. James L. Sheridan, Jr. Riverbend Crossing Development, U.C. 451 Andover Street North Andover, MA 01845 RE: Zoning Opinion Dear Mr. Sheridan: Telephone (978) 688-9545 Fax (978) 688-9542 I have been requested to write an opinion regarding the compliance of the proposed 43 unit Riverbend Crossing development for people 55 years of age and over to be located at 350 Greene Street in North Andover, Massachusetts. An application for a special permit for this project was submitted to the North Andover Planning Board in 2001 and subsequently granted in June of that year. It has come to my attention that this project cannot proceed because it is to be constructed on less than five acres of land. According to MGL Chapter 151B Section 4.6, housing for persons 55 and over must be constricted on contiguous parcels of land five acres or greater in size. As the zoning enforcement officer it is my opinion that in conjunction with the North Andover Housing Authority property located adjacently at 310 Green Street, which is housing for the elderly, the property meets and exceeds the minimum contiguous five -acre requirement. Should you have any question, please feel free to call me. Sincerely, D. Robert Nicetta Budding Commissioner Zoning Enforcement Officer CC: Heidi Griffin, Director CD&S BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 M.G.L - Chapter 151B, Section 4 Page 3 of 9 6. For the owner, lessee, sublessee, licensed real estate broker, assignee or managing agent of publicly assisted or multiple dwelling or contiguously located housing accommodations or other person having the right of ownership or possession or right to rent or lease, or sell or negotiate for the sale of such accommodations, or any agent or employee of such a person, or any organization of unit owners in a condominium or housing cooperative: (a) to refuse to rent or lease or sell or negotiate for sale or otherwise to deny to or withhold from any person or group of persons such accommodations because of the race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry, or marital status of such person or persons or because such person is a veteran or member of the armed forces, or because such person is blind, or hearing impaired or has any other handicap; (b) to discriminate against any person because of his race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, ancestry, or marital status or because such person is aveteran or member of the armed forces, or because such person is blind, or hearing impaired or has any other handicap in the terms, conditions or privileges of such accommodations or the acquisitions thereof, or in the furnishings of facilities and services in connection therewith, or because such a person possesses a trained dog guide as a consequence of blindness, or hearing impairment; (c) to cause to be made any written or oral inquiry or record concerning the race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry or marital status of the person seeking to rent or lease or buy any such accommodation, or concerning the fact that such person is a veteran or a member of the armed forces or because such person is blind or hearing impaired or has any other handicap. The word I'llage" as used in this subsection shall not apply to persons who are minors nor to residency in state -aided or federally -aided housing developments for the elderly nor to residency in communities consisting of either a structure or structures constructed expressly for use as housing for persons fifty-five or over or sixty-two or over, on one parcel or on contiguous parcels of land, totalling at least five acres in size. For the purpose of this subsection, housing intended for occupancy by persons fifty-five or over and sixty-two or overshall comply with the provisions set forth in 42 USC 3601 et seq. [ First paragraph of subsection 6 as amended by 2001, 11, Sec. 1 effective August 17, 2001. For text effective until August 17, 2001, see above.] Uror the owner, lessee, sublessee, licensed real estate broker, assignee or managing agent of publicly assisted or multiple dwelling located housing accommodations or other person having the right of ownership or possession or right to rent or lease, or sell or negotiate for the sale of such accommodations, or any agent or employee of such a person, or any organization of unit owners in a condominium or housing cooperative: (a) to refuse to rent or lease or sell or negotiate for sale or otherwise to deny to or withhold from any person or group of persons such accommodations because of the race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry, or marital status of such person or persons or because such person is a veteran or member of the armed forces, or because such person is blind, or hearing impaired or has any other handicap; (b) to discriminate against any person because of his race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, ancestry, or marital status or because such person is aveteran or member of the armed forces, or because such person is blind, or hearing impaired or has any other handicap in the terms, conditions or privileges of such accommodations or the acquisitions thereof, or in the furnishings of facilities and services in connection therewith, or because such a person possesses a trained dog guide as a consequence of blindness, or hearing impairment; (c) to cause to be made any written or oral inquiry or record concerning the race, religious creed, color, national origin, sex, sexual orientation, which , p shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry or r marital status of the person seeking to rent or lease or buy any such accommodation, or concerning the fact that such person is a veteran or a member of the armed forces or because such person is blind or hearing impaired or has any other handicap. The word age" as used in this subsection shall not apply to persons who are minors nor to residency in state -aided or federally -aided housing developments for the elderly nor to residency in housing developments assisted under the federal low income housing tax credit and intended for use as housing for persons 55 years of age or over or 62 years of age or over, nor to residency in communities consisting of either a structure or structures constructed expressly for use as housing for persons 55 years of age or over or 62 years of age or over, on 1 parcel oron contiguous parcels of land, totaling at least 5 acres in size. For the purpose of this subsection, housing intended for occupancy by persons fifty-five or over and sixty-two or over shall comply with the provisions set forth in 42 USC 3601 et seq. For purposes of this subsection, discrimination on the basis of handicap includes, but is not limited to, in connection with the design and construction of: (1) all units of a dwelling which has three or more units and an elevator which are constructed for first occupancy after March thirteenth, nineteen hundred and ninety-one; and (2) all ground floor units of other dwellings consisting of three or more units which are constructed for first occupancy after March thirteenth, nineteen hundred and ninety-one, a failure to design and construct such dwellings in such a manner that (i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; (ii) all the doors are designed to allow passage into and within all premises within such dwellings and are sufficiently wide to allow passage by handicapped persons in wheelchairs; and (iii) all premises within such dwellings contain the following features of adaptive design; (a) an accessible route into and through the dwelling; (b) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (c) reinforcements in bathroom walls to allow later installation of grab bars; and (d) usable kitchens and bathroomssuch that an individual in a wheelchair can maneuver about the space. [ Subdivision 7 effective until August 17, 2001. For text effective August 17, 2001, see below.] 7. For the owner, lessee, sublessee, real estate broker, assignee or managing agent of other covered housing accommodations or of http://www.state.ma.usAegisAaws/mgl/151b-4.htm 16/7/02 M.G.L - Chapter 151B, Section 4 Page 3 of 9 6. For the owner, lessee, sublessee, licensed real estate broker, assignee or managing agent of publicly assisted or multiple dwelling or contiguously located housing accommodations or other person having the right of ownership or possession or right to rent or lease, or sell or negotiate for the sale of such accommodations, or any agent or employee of such a person, or any organization of unit owners in a condominium or housing cooperative: (a) to refuse to rent or lease or sell or negotiate for sale or otherwise to deny to or withhold from any person or group of persons such accommodations because of the race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry, or marital status of such person or persons or because such person is a veteran or member of the armed forces, or because such person is blind, or hearing impaired or has any other handicap; (b) to discriminate against any person because of his race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, ancestry, or marital status or because such person is aveteran or member of the armed forces, or because such person is blind, or hearing impaired or has any other handicap in the terms, conditions or privileges of such accommodations or the acquisitions thereof, or in the furnishings of facilities and services in connection therewith, or because such a person possesses a trained dog guide as a consequence of blindness, or hearing impairment; (c) to cause to be made any written or oral inquiry or record concerning the race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry or marital status of the person seeking to rent or lease or buy any such accommodation, or concerning the fact that such person is a veteran or a member of the armed forces or because such person is blind or hearing impaired or has any other handicap. The word ""age" as used in this subsection shall not apply to persons who are minors nor to residency in state -aided or federally -aided housing developments for the elderly nor to residency in communities consisting of either a structure or structures constructed expressly for use as housing for persons fifty-five or over or sixty-two or over, on one parcel or on contiguous parcels of land, totalling at least five acres in size. For the purpose of this subsection, housing intended for occupancy by persons fifty-five or over and sixty-two or overshall comply with the provisions set forth in 42 USC 3601 et seq. [ First paragraph of subsection 6 as amended by 2001, 11, Sec. 1 effective August 17, 2001. For text effective until August 17, 2001, see above.] Ur or the owner, lessee, sublessee, licensed real estate broker, assignee or managing agent of publicly assisted or multiple dwelling ontiguously located housing accommodations or other person having the right of ownership or possession or right to rent or lease, or sell or negotiate for the sale of such accommodations, or any agent or employee of such a person, or any organization of unit owners in a condominium or housing cooperative: (a) to refuse to rent or lease or sell or negotiate for sale or otherwise to deny to or withhold from any person or group of persons such accommodations because of the race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry, or marital status of such person or persons or because such person is a veteran or member of the armed forces, or because such person is blind, or hearing impaired or has any other handicap; (b) to discriminate against any person because of his race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, ancestry, or marital status or because such person is aveteran or member of the armed forces, or because such person is blind, or hearing impaired or has any other handicap in the terms, conditions or privileges of such accommodations or the acquisitions thereof, or in the furnishings of facilities and services in connection therewith, or because such a person possesses a trained dog guide as a consequence of blindness, or hearing impairment; (c) to cause to be made any written or oral inquiry or record concerning the race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry or marital status of the person seeking to rent or lease or buy any such accommodation, or concerning the fact that such person is a veteran or a member of the armed forces or because such person is blind or hearing impaired or has any other handicap. The word ""age" as used in this subsection shall not apply to persons who are minors nor to residency in state -aided or federally -aided housing developments for the elderly nor to residency in housing developments assisted under the federal low income housing tax credit and intended for use as housing for persons 55 years of age or over or 62 years of age or over, nor to residency in communities consisting of either a structure or structures constructed expressly for use as housing for persons 55 years of age or over or 62 years of age or over, on 1 parcel oron contiguous parcels of land, totaling at least 5 acres in size. For the purpose of this subsection, housing intended for occupancy by persons fifty-five or over and sixty-two or over shall comply with the provisions set forth in 42 USC 3601 et seq. For purposes of this subsection, discrimination on the basis of handicap includes, but is not limited to, in connection with the design and construction of: (1) all units of a dwelling which has three or more units and an elevator which are constructed for first occupancy after March thirteenth, nineteen hundred and ninety-one; and (2) all ground floor units of other dwellings consisting of three or more units which are constructed for first occupancy after March thirteenth, nineteen hundred and ninety-one, a failure to design and construct such dwellings in such a manner that (i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; (ii) all the doors are designed to allow passage into and within all premises within such dwellings and are sufficiently wide to allow passage by handicapped persons in wheelchairs; and (iii) all premises within such dwellings contain the following features of adaptive design; (a) an accessible route into and through the dwelling; (b) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (c) reinforcements in bathroom walls to allow later installation of grab bars; and (d) usable kitchens and bathroomssuch that an individual in a wheelchair can maneuver about the space. [ Subdivision 7 effective until August 17, 2001. For text effective August 17, 2001, see below.] 7. For the owner, lessee, sublessee, real estate broker, assignee or managing agent of other covered housing accommodations or of http://www.state.ma.us/legis/laws/mgl/151b-4.htm 6/7/02 Jul 15 02 01:26p Law Offices 9787942088 p.1 Jul 15 02 01:14p BOSTON RERLTY INVESTORS 978 685 8080 p.l ..ate �.. ..� .,.._....�.• a-eaw us r.ucn • ,rora-rcupa �,.� "Aul U, Cutuv Yt;l, lYloalpUtt 111 V10hGJ Heldf Criffin -�Cwll PlanningDtrect r -WIN u,codify"twenty(20)days Telephone (978)688_! Wave a� or dac�tun, ttad Fax (9�) 6889542 Z50 , c►er a haus �J A �S7P: / Notice of Copy Any appeal shall -be tiled �cisi©n; ,Q . Within (2111% 11 drys a r the Sown 0lerk o c_ Date of filing !bis rgOttee Iu the Office of the Town C3 -4� C�rlt � XWM DCr„1• T �rDC 6rnpm Date: Jura; 21, 2001 Date of Hearing: April 1;a 2001, 1%4$y 1,2001'& Juno 5, 2001 Petition of- lticlurx ncl Rcalty Test 4S I mover Swt, North Andover, MA 01845 Prolrtisesr Aff ted: fo tooted offWaverly Road Reterrilsg to the above petltioa for a specie! Permit from tie r�uiremesnts of the NorthAndo""', Zoning Bylaw Section ll. So " to allow: for a fbur story 43-dweAi% unit buRding, ADe' a public hearing.9'VOU on the above date, the Otapnigg DQar+d -voted to APPROVit, the Special Permit for Planned Development District S:ltl Permit, based anon the following co4mons: peei Cc: Applies t Phgin Abutters DPW Building Depriment Cons"Vell" Vepartment Health Department ZBA Stood: 16)kn Sinfoull Chalmutan kerto Angled, Vice Chairman Richard Nardella, Clerk Riehard Rowen Alison Leetarbean ARU OF AY.rld q1S tiB8 93q I UgjMDjM 66&4545 ComEaVAIION 6g6 -95]o HEALTH 68R-y540 PL NG 688-9533 a Petition of- lticlurx ncl Rcalty Test 4S I mover Swt, North Andover, MA 01845 Prolrtisesr Aff ted: fo tooted offWaverly Road Reterrilsg to the above petltioa for a specie! Permit from tie r�uiremesnts of the NorthAndo""', Zoning Bylaw Section ll. So " to allow: for a fbur story 43-dweAi% unit buRding, ADe' a public hearing.9'VOU on the above date, the Otapnigg DQar+d -voted to APPROVit, the Special Permit for Planned Development District S:ltl Permit, based anon the following co4mons: peei Cc: Applies t Phgin Abutters DPW Building Depriment Cons"Vell" Vepartment Health Department ZBA Stood: 16)kn Sinfoull Chalmutan kerto Angled, Vice Chairman Richard Nardella, Clerk Riehard Rowen Alison Leetarbean ARU OF AY.rld q1S tiB8 93q I UgjMDjM 66&4545 ComEaVAIION 6g6 -95]o HEALTH 68R-y540 PL NG 688-9533 a Jul 15 02 01:27p Law Offices 9787942 Jul 15 02 01:14p BOSTON RERLTY INVESTORS 978 685 801 nay ea uc ua: uup L6W Ut V r Ce5 �'ttf'/94�Oa38 - JUN -25-2001 PON 02:53 Pio Design Development Corp. 9181259500 Riverhead C�p�eins-Gn �ne Sfa9east Special Permit Planned Developmeal District. Conditional Approval The Planning Board hereby APPROVES the Planned Development Disttfc Permit for a 4 story 43 -dwelling unit building. This WHO* will be tttHiaed SS years of qc or oldoF, known as Riverbead Crossing. 'lids special pt requested by likhrwnd Realty Ttvst, 451 Andover Street, North.An&vat, Mss on March 29, 2001. : Ricbaw:ad Realty Ttttst subraaitted a kte apphicatioa 29, 21101. no a,wu.wjcced.w d.mirwed in accordance with the procedures for approval dprritriid in Section 11, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw atd.MGL.cA0, sac. 4... Thearea affected is located off Waverly Road in the I -S 7aaing District. Tate Plax ft Board rakes the f01WM tg * d*F W raqutrad try' the Town ofNortkAndover.Zoning :Bylrw, Sections 10.3 and 10.31. 1. The spud* site is an appropriate location for a Planned DevekWnwmt District as h is bested in On - i -S- Zoning D6ttict and the . M. -plan awata the mind om nquipernMa required by Section 11.4 of the Town of Nor* Andover Zoning Bylaw. 2. 'line no as dgvebpW wlH not adveretly at cict rhe natU aitood as thk site is located in the Industrial -S Zone and. is s .to,.the:Tawn of North Andover Housing Authority, and is a shoilav use as the property axljacaaat to A. 3. There will.-be--no-.nuiaaaaae m Serjom._ humd. to. vehicles or pedomima. The appli ms subinitted. a waft brpmt and amens study to the .td*Wt auMdc evoln-coasultent wA thm st* vres. band- too be accumate and sufficient for theptopoead project. Funbcrmore. the Town of North Andover Frre Depw mcut ha9.detemlimd in thea review that. than propioscd project will enhWW the cnrreat lido safety condhiom pttutetnly fount on the property (snarled). 4. Adequate a Cappmpdate. befik' ins wdl be provided for tate proper operation of the proposed user. The project win be on town water and sewer and has been determated a eeptable-by.the.DepmwwM 6f.Pubk .Works as soled in their letter dated N(ay 24.2001 (attached). The Planning Board also makes 5mtings wader Section 11.2 of the Ze tic HYlaw that rias PDD is in ham%ony with the general purpose and palest Of dte BYlaw. htcludit>g Sections 11.2 and 10.3, and first the PDD provides for rt mixture of. lead usage al designated bcations td greaateulena anal-Weray than wouldnona* be 9b. vved. In particular, the P ud*BoaardAnds that.thispgojact' PAGE 4OF4 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch. 40A, Sec. 10.4 of the North Andover Zoning By -Law all dimensional requirements shall be clearly identified and factually supported and addressing each of the following points individually is required with this application. F--' C. -C E. F The particular use proposed for the land or structure. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Fads relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, and c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks (*). In some cases further information may be required 10 B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on mylar. VARIANCE 10 C. FEATURES TO BE INDICATED ON PLAN: A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names/addresses/phone numbers of the applicant, owner of record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans shall be required when the application involves new construction/conversion/ and/or a proposed change in use. Elevation plans for minor projects including decks, sheds, & garages shall be included with a side view depicted on the plot plan, which includes a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties in interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. A Variance once granted by the ZBA will lapse in one (1) year if not exercised and a new petition must be submitted. - - i Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division �i 27 Charles Street " '+ �c� 5 North Andover, Massachusetts 01845 re° 4SsAT.,,,se`% D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Date: 1 - a3- 03 Dear: , S c, 2 V, -�v Y- Cr 50eb -- V 4 S - q d— As you know, the Zoning Board of Appeals has granted a Variance and/or Special Permit or Finding for premises located at: 350 GKee✓le S�re�pt Your 20 -day appeal period will have passed on the following date: h Once the appeal period has passed, please pick up your certified copy of the Zoning Board of Appeals decision, and your signed mylar (if a mylar was required) from the Town Clerk's office located at 120 Main Street, North Andover, MA 01845 (978-688- 9501) Please bring the Town Clerk certified copy of the decision & the signed mylar to the North Essex Registry of Deeds, 381 Common Street, Lawrence, MA 01840 (978-683-2745), as the decision and mylar must be filed at the Registry of Deeds as soon as possible. Once this is completed, please bring the copy of the certified decision & the Registry of Deeds receipt to the Building Department, which is located at 27 Charles Street, North Andover, MA 01845. Failure to file the decision and mylar with the Registry of Deeds will result in your inability to exercise your variance and/or special permit and your inability to obtain a building permit with the Building Department. Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date of the grant, they shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, they shall lapse and may be re-established only after notice and a new hearing. If you have any questions, please feel free to call (978-688-9541) or fax (978-688-9542), Monday through Thursday, 9:00 AM to 2:00 PM. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLA4NNING 688-9535 r, r HP OfficeJet Personal Printer/Fax/Copier Fax Log Report Jan -23-03 15:21 Last Fax Identification Result Pages Tyne 815084859299 OK 02 Sent 1.2.0 zs Date Time Duration Diagnostic Jan -23 15:20 00:01:08 002582030022 Town of North Andover oe N — Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ' 4 North Andover, Massachusetts 01845 SsacHusi/ D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 FAX TRANSMISSION T0: VV , I �n S ( A — FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: I - - -/C/ - O)�- SUBJECT: .20 � Peyle S1 � em NUMBER OF PAGES: REMARKS: � dc?eSYI. � dee C'� I i ( 15 I � l �i y S BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Page 2 of 4 Application for a'VrARIANCE ._ '/'•._':=<J:J Tis .il:r_v :�vrtic:=aPq�:K�_•'��-'i;!:f = �:1r '-`_'iti'F'-✓...•}ii-"` ___r"z. •L -x'Si !i`.1?'�•Ei i.f3?'-ti•r:�+:�"J!:r'-� GC'i..:-:'r;ti_.= �1'^-??:.:y;�:. .F�_4-i•: .:.•r..F'k-xa..�;{..a::-,{._y'.::;=;': ;: .,.-. _! r .'ices.s: •i:YlG-r .�. MAN )r hcf i r. r7.a 4 t y ` i ;�xi •+� .� fL1r 1t � � z{```... ,u i�i.•.� .r `JI�..:`t ... .� ..ir_ �, .- - �_-�`..•4>��'� _ •�.'3''T- .�S::v� ^E v"�•�_� Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: CAPITAL GROUP PROPERTIES (508) 357-8825 PHONE — b 259 TURNPIKE ROAD (508) 357-6859 FAX SOUTHBOROUGH,.MA 01772 - - -The pedtioner shag be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: NORTH ANDOVER RESIDENTIAL PROPERTIES LLC 259 TURNPIKE ROAD SOUTHBOROUGH, MA 01772 Years Owned Land: N/A 3. Location of Propeq: a. Street: 350 GRE N STREET Zoning -District I—S ZONING b. Assessors: Map number Lot Number:11/29/11-60/7-28 c. Registry of Deeds: Book Number Page Number: PROPERTY REGISTERED CERTIFICATE 011889 ESSEX COUNTY 4. Zoning Sections under which the petition for the Variance is made. SECTION 7, PARAGRAPHS 7. 3 OF TABLE 2 FRONT & SIDE SET BACKS -FLOOR AREA 7.6 RATIO & FOR FN 1 (2) LANDSCAPE BUFFER 8.1 (7) DRIVEWAY WIDTH 'Refer to the Pem>K Donal and Zoning By-law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request THIS VARIANCE REQUEST IS TO RENEW/ENIMpREVIOUS VARIANCES GRANTED TO ORIGINAL OWNER PETITION #005-2001 HELD ON 2/13 & 3/13/2001 'The above description shah be used for the purpose of the legal notice and dectclorL A more detailed description Is required puramnt to the Zoning Board Ruler and Regulations as cited on page 4 of this application. Failure by the appltcant to clearly describe the request nuy result In a decision that ddet not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve addtUonal hems not Included above. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are In the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq- Ft. Coverage Feet Spaces Front Side A Side B Rear A. % 7.4' 7.6' DRIVEWAY WIDTH OF 3'/ FLOOR AREA RATIO 0.11.1/ LANDSCAPE BUFFER TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS lot Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days.prior to the first public hearing. Failure to submit the required information within the time periods. prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed. by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application ,form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. ' STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. N - IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office -0 v r rrl 978-688-9545 Building Department O .� Yzj a HP OfficeJet Personal Printer/Fax/Copier Last Fax Identification Result Paces Tyne 815084859299 OK 05 Sent 1.2.0 zs Fax Log Report Dec -18-02 11:03 Date Time Duration Diagnostic Dec -18 10:56 00:02:14 002582030022 Fax — Transmission TO: W , FAX Number: So �3 FROM: Town of North Andover Zoning Board of Appeals PHONE: #978-688-9541 FAX: #978-688-9542 DATE: SUBJECT: I -e"q! 00 kcC.� X 50 �rec� Number of pages: I ( E r REMARKS: Attached -is a fax containing your legal notice, which needs to be placed with the legal notice department at the Lawrence Eagle - Tribune. The Lawrence Eagle Tribune legal notice department's direct dial phone number is 978-946-2412; the address is 100 Turnpike Street, North Andover, MA 01845; and the Eagle -Tribune's fax number is 978-686-0755. Please contact the E -T as soon possible in order to meet the mandated [Mass. Gen. L. ch. 40A § 11] publishing deadline of at least 14 days before a hearing. The E -T needs 2 full business days before the publication date. Missed publication means that you will not be able to be placed on the ZBA agenda for the uDcomi n g meeti n a Eagle -Tribune Submission Date 11St Publication Date Meeting Date VI s I C', �L�1,0 Q )),Pce� -e� 3D a.DDa Jr�v��iory `i C + I11_ 1 e\v{e � Q (-- -,g 0_r 1�1i5 I�Me/ }�e�� a3 Please be reminded that it is Your responsibility to mail a copy of the legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14 days prior the ZBA meeting. You are also required to bring, or fax copies of the proof of the certified mailing, to the office of the ZBA Secretary as -soon -as you have completed the mailing. Again, failure to do so will mean that you will not - be placed on the ZBA agenda. Thank you. faxlegal _ Y -O'd d Fax - Transmission TO: W ; L W I FAX Number:yg- y Q tj - 91 e� FROM: Town of North Andover Zoning Board of Appeals PHONE: #978-688-9541 FAX: #978-688-9542 DATE: 1a - 1!1 - 09, SUBJECT: l,gl VI D �' e SCS Number of pages: REMARKS: Attached is a fax containing your legal notice, which needs to be placed with the legal notice department at the Lawrence Eagle - Tribune. The Lawrence Eagle Tribune legal notice department's direct dial phone number is 978-946-2412; the address is 100 Turnpike Street, North Andover, MA 01845; and the Eagle -Tribune's fax number is 978-686-0755. Please contact the E -T as soon possible in order to meet the mandated [Mass. Gen. L. ch. 40A § 11 ] publishing deadline of at least 14 days before a hearing. The E -T needs 2 full business days before the publication date. Missed publication means that you will not be able to be placed on the ZBA agenda for the uncominu mPPtinQ Eagle -Tribune SubmissionDate 1St Publication Date Meeting Date �e1De "u-.7 0n 1�1iSiMe/ Please be reminded that it is vour responsibility to mail a copy of the legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14 days prior the ZBA meeting. You are also required to brim or fax copies of the proof of the certified mailm , to the office of the ZBA Secretary as soon as you have completed the mailing Again, failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. faxlegal Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 r-� C--, S-7 CJ i-1_ c_D ' 2 .aznr'. Legal Notice E5 = , North Andover, Board of Appeals Uj 0 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 14`x' of January, 2003 at 7:30 PM to all parties interested in the appeal of Capital Group Properties, 259 Turnpike Road, Southbridge, MA, for premises at: 350 Greene Street, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for front and side setbacks, from Paragraph 7.6 and Table 2 for Floor Area Ratio, from FN -1 #2 for Landscape Buffer, and from Section 8, Paragraph 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building. The said premise`affected is property with frontage on the South side of Greene Street within,thej-S zoning district. Plans are available.for review at'the office of the Building Department 27 Charles Street, North.Andover; MA, Monday through Thursday. from he hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on December 30, 2002 &January 6, 2003. Legalnotice 2002-056. Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 14d, of January, 2003 at 7:30 PM to all parties interested in the appeal of Capital Group Properties, 259 Turnpike Road, Southbridge, MA, for premises at: 350 Greene Street, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2, for front and side setbacks, and for Floor Area Ratio, and for FN -1 #2, Landscape Buffer, and for Section 8, Paragraph 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building. The said premise affected is property with frontage on the South side of Greene Street within the I -S zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on December 30, 2002 &January 6, 2003. Legalnotice 2002-056. k--, Town of North Andover Office of the Zoning Board of Appeals a Community Development and Services Division 27 Charles Street " �°*-• ''� North Andover, Massachusetts 01845 �4SSacuSEt�h D. Robert Nicetta Telephone (978) 688-9541 Fax 978 688-9542 Building Commissioner) FAX TRANSMISSION TO: Wo+✓ DAliVle✓5 of 35� ��1�QFn�2 �jfi�PSPT� FAX NUMBER: r 3� FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: —10 DATE: !' / e� _ 0 ?— SUBJECT: 350 Greeki�e S+r.eP rr-- Varltc4oce- TUrw 6th�— blow- yolrfo,wce- 5 c -over - REMARKS: Board of Appeals 688-9541 Building 688-9.545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP OfficeJet Personal Printer/Fax/Copier Last Fax Identification 815083576859 1.2.0 2.8 Result Pages Tyne OK 10 sent Fax Log Report Nov -19-02 13:51 Date Time Duration Diagnostic Nov -19 13:46 00:04:15 002582030022 TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS ,i , . ``s�:�. � . �� c_ ,'s„.... ,� ,.: :�" '�`"x. r'.�������r'��� s? ��a.��r,^� a3��'u sf .�. � � ss=P'�'�.�:x..r'�:%a�; �., r., .. �o . ,'���'•„ a � ' i Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING. BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. ' STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. r ;...° :' ''5P T" R14 � wA ...... , .... .. .. .. , ., ... .. .. ,.;§,- ,. .•. . -M ._.c.,.Y:rs'..3_""� IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals OfficeCD 978-688-9501 Town Clerk's Office—' r> =1 � � rte; :-, 978-688-9545 Building Department — C71)r—TDA: rrt CD r -i CD C-) W rn � > 00 Page 2 of 4 Application for a VARIANCE ign.._ _>. ...: .n..-:.:���.,c_:,-x��. -�,:•.!._..'.:.r.......,nia,.� T. .: ..r.� -T.'S..u.>..-J-.�_'•_rM �-te\3 a�FYYz:,,.,:_6;:.'�r_..'.'-:r�i.. .x:t.r.:.�.i�,.;'�:.J r".r7r_ -".K�•=�-� '�' n��i-..;v.i'�-f'=C_+;,r3•;..-._.�.�_i.7'�t-�"�- ' Zo.;i=�Frni�tn'+'g.�,�..'vy�:��,�:�5 i"`Yii�L✓�:neE'�Cir..�2 � uf�� ..- . �3G.aa�ri�'�.+i�7�5�.f1s:'s�__� ; Board of Appeals 1. Petitioner: Name, address and telephone number: CAPITAL GROUP PROPERTIES (508) 357-882, PHONE b 259 TURNPIKE ROAD (508) 357-6859 FAX SOUTHBOROUGH,.MA 01772 1 - - The petkioner Simi! be entered on the bgat notice and Bim decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: NORTH ANDOVER RESIDENTIAL PROPERTIES LLC 259 TURNPIKE ROAD SOUTHBOROUGH, MA 01772 Years Owned Land: N/A 3. Location of Property: a. Street: 350 GREEN STREET zoning -District I-5 ZONING b. Assessors: Map number Lot Number:! 1/29/11-60/7-28 c. Registry of Deeds: Book Number Page Number: PROPERTY REGISTERED CERTIFICATE #11889 ESSEX COUNTY 4. Zoning Sections under which the petition for the Variance is made. SECTION 7, PARAGRAPHS 7.3 OF TABLE 2 FRONT & SIDE SET BACKS -FLOOR AREA 7.6 RATIO& FOR FN 1 (2) LANDSCAPE BUFFER 8.1 (7) DRIVEWAY WIDTH 'Refer to the Fern t Deriai and Zoning By-law Plan Review as Supplied by the Building Commissiorw 5. Describe the Variance request THIS VARIANCE REQUEST IS TO RENEW/PREVIOUS VARIANCES GRANTED TO ORIGINAL OWNER PETITION #005-2001 HELD ON 2/13 & 3/13/2001 -The above description "A be used lot the purpose of the legit notice and decision. A more detalled descripBon Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this appllcatlon. Failure by the appllcant to clearly describe the request buy result in a decision that does not address the Intent of the applicant. The decision will be !united to the request by the applicant and will not involve additional hems not Included above. 6a, Difference from Zoning By -Law requirements: Indicate the dim anaions that wilt not meet current Zoning 8y4L.aw Requirements. (A and B are In the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % 7.4' 7.6' DRIVEWAY WIDTH OF 3'/ FLOOR AREA RATIO 0.11.1/ LANDSCAPE BUFFER Page 2 of 4 1. Petiti Application for a'w/ARiANCE er. Name, address and telephone number: APITAL GROUP PROPERTIES 2'$9 TURNPIKE ROAD SO4HBOROUGH,.MA 01772 Zoning Board of Appeals ��J•L•l ��r1Q•I.1AI -The pewmer shop entered on the legal nauce ane acre Oecrsron as entereo aoove. 2. Owners of nd: Name, Address and Telephone number and number of years under t is ownership: NORTH NDOVER RESIDENTIAL PROPERTIES LLC 259 Years Owned Land: N/A 3. Location of Propeft a. Street. 350 GR b. Assessors: Map nt c. Registry of Deeds: ROAD 4. Zoning Sections under SECTION 7, P PHONE FAX 3r Lot Number:1 1/29/11-60/7-28 ok Number Page Number: OPERTY REGISTERED CERTIFICATE #11889 ESSEX COUNTY �ich the petition for the Variance is made. 7.3 OF TABLE 2 FRONT & SIDE SET BACKS—Fr.00R AREA RATIO & FOR FN 1 (2) LANDSCAPE BUFFER 8.1 (7) DRIVEWAY WIDTH -Refer to the Permh Denial and Zor*V By -Law Phan Review asupplied by the Building Commissioner 5. Describe the Variance request THIS VARIANCE REQUEST IS TORENEW/aj� PREVIOUS VARIANCES GRANTED TO ORIGINAL OWNER PETITION #005-2001 HELD ON 2/13 & 3/13/2001 `The above description shall be used for the purpose of the legal notice anaN`eclslon. A more detalled description is required purcuant to the . Zoning Board Rules and Regulations as cited on page 4 of this apppcation. Failure by the applicant to clearty describe the request "my result In ■ decision that does not address the Intent of the applicant. The decision will lirr>fled to the request by the applicant and will not lrnroive addlUonal hems not Included above. 6a, Difference from Zoning By -Law requirements:. lndicat�e dimenaions that will not meet current Zoning By-L.aw Requirements. (A and B are In the case of a lot split) Lot Area Open Space Percent Lot Frontage- Parking Minimum Lot set Back' Sq. Ft. Sq. Ft, Coverage Feet Spaces Front SideSide B Rear A. 7.4' 7.6' DRIVEWAY WIDTH OF 3'/ FLOOR AREA RATIO 0.11.1/ LA DSCAPE BUFFER Page 3 of 4 Application for a VARIANCE i. ,. Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 111,769 N/A N/A % 370.99 N/A N/A N/A _NLA NA c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back " Sq. Ft, Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 111.,769 N/A 14.3 % 370.99 63 22(VR) 27 (VR) 22.6 (VR) 233' 96 d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set hack Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear 50,000 SF — MAX 35 % 150 43 30' 35' 35 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* NOT APPLICABLE 'Refetenoe Uses from the Zoning By -Law. Stnie number of units In Wading. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building' 16,750 4 67,168 _RESIDENTIAL BLDG WITH UNITS OCCUPIED B ADULTS 55 YRS OF AGE OR OLDER 'Reference Uses from the Zoning By Law. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which Is the official form of the Zoning Board of Appeals. Every application shall be filed with the Tann Clefk's Off &had be the respor%id ethloner to furnish all supporting doctanwltation with this appYcation. The dated copy of this application recelved T Clerk or the Zf Appeals does Trot absotve the applicant from this responsibility. The petitioner shall be responsible for all a filing and legalailureto complywkh applkatbn requk�enwAs, as tiled hefein and in the Zoning Board Rules and ReguMom may r missal W this application as Incomplete. -$ianature Type above nam (s) here THE D E A. FIFFY AS REPRESENTATIVE OF NORTH A OVER RESIDENTIAL PROPERTIES LLC 'owl' Ur North Andover Building :Department �•,.: h 27 Charles St. North Andover, MA; 01845 9TTncwu,ci�' Rhone 978-68869545 Fax 978-688-9542 wr veroeraxplanations ......ncn suomated. No definitive serve to prevlde definipve ans. reistd�te above reasons {ory-1 �o� dan1.t nor shaft such verbal goVenatlons'hy the applicant subsetjuentchangestoth"e'ln'fo onsubmllted_ 'j:An aes;tNslaadtiWhfbrmebon orother of the Bulldingfl6paRlnet�t.`1„�'Fg che�dpcume tl�)p ant$.groundstorydg.�'+tObeWded-atthediscretion herein by reference.'Thebultd* deeurtmMYaIa2",142 ,, _r._ SWIGeCachedter f�, A L ,.....�,,.�r A> Building Department9filctatSl�hatare1 o�ooZ P ft_dn R We Applicatio f)enieii Denial Sent : � ! 3 A -L�--1 If Faxed Phone Number/Date: sly f=77 -i n Ii1.Alf'tl CAPITAL GROUP P R O P E R T I E S Memorandum for Request for Variance MGL chapter 40A § 10.4 North Andover Massachusetts Protective Zoning By -Law RiverBend Crossing Elderly Housing This memorandum is for the application for a variance from North Andover Massachusetts Protective Zoning By -Law for the RiverBend Crossing Elderly Housing project located off Green Street in North Andover. This narrative is prepared and submitted consistent with item 9 on page 4 of North Andover's application for a variance from the zoning By -Law. The variance requested by this application is for relief from zoning issues and items that the North Andover Zoning Board has previously issued a variance for. The original variance was issued in the name of the previous ownership entity and it has expired. The relief sought is for items that are unchanged from the original application and variance issued. Below is an outline of the items that this variance will address. Front Setback The required front setback is 30 feet and only 22 feet is provided Right Side Setback The required side setback is 20 feet plus and additional Landscape Buffer setback of 15 feet totaling a side setback requirement of 35 feet. A 27 -foot deep side set back is provided Driveway Width The required driveway width is 25 feet and only 22 feet is provided Floor Area Ratio The required floor area ratio is 0:50:1 and a ratio of 0.61:1 is provided Landscape Buffer A landscape Buffer of 15 feet is required and none is provided Special Permit A site plan review — special permit by the Planning Board is required. The Planning Board has reviewed the site plan and a Special Permit has been issued and is currently in force and effect. 259 Tumpike Road ♦ Suite 100 ♦ Southborough, Massachusetts 01772 ♦ Office (508) 357-8825 ♦ Fax (508) 357-6859 Town of North Andover JOYCE SR+AW.f� of the Zoning Board of Appeals .. 'TOGO&Mnity Development and Services Divisi®n NORTH ANDOVER William J. Scott, Division Director 27 Charles Street 001 MAR 21 A 9= Mrth Andover, Massachusetts 01845 978 Telephone D. Robert Nicetta p ( ) 688-9541. 978 Building Commissioner Fax () 688-9542 Riav%o .� S Any appeal shall be filed Notice of Decision within (20) days after the Year 2001 date of filing of this notice in the office of the Town Clerk Property at: 350 Green Street NAME: James Sheridan, Trustee of Richmond Realty Trust DATE: 3/13/2001 ADDRESS: for remises: 350 Green Street PETPITON: 005-2001 North Andover, MA 01845 HEARING: 2/13 & 3/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 13, 2001 at 7:30 PM upon the application of James Sheridan, Trustee/Richmond Realty, for premises at: 350 Green Street, North Andover, MA requesting a Variance from Section 7, Paragraph 7.3 of Table 2, for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape Buffer and for 8.1(7) for relief of driveway width in order to construct a proposed 43 unit apartment building within the I -S zoning district. The following members were present: Walter F. Soule, Robert Ford, John Pallone, Scott Karpinsid, Ellen. McIntyre. Upon a motion made by Walter F. Soule and 2nd by Scott Karpinski to GRANT a dimensional Variance for relief of front setback of 7,4', a Southeast side setback of 7.6', and a -driveway width of 3' and Floor Area Ratio of 0.11:1, and for a landscape buffer, and that parking will be allowed on the Green Street right of way. All as per the Plan of Land by Christiansen & .Sergi, 160 Summer Street, Haverhill, MA PLS, #28895, dated November 10, 2000 and rev: December 15, 2000. Voting in favor: WFS/JP/RF/SK/EM The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Town of North An Board of Appeals,f Raymond Vivenzi7actinge, Ivll/Decisions2001/4 }3( \KJQ-\PF�;:1i.:S6RA-9jaF B?itLi'i': (iF3S-9 •!j C(� iS .iZt a_ I �? ._ ^,c n L..:\f.l'H;iKS- =i;. u:_rl\1•^=3� :IP:ii Cu' Totivn of North Andover, Zoning Board of Appeals Parties of Interest / Abutters Listin REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in. this. chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and. address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS ABUTTERS PROPERTIES MAP PARCEL PQ-�'� Tf �Jv-C�'f 1V; M A Ott ') Z NAME ADDRESS �'�i�•� E�tF1A DEG.�t,rg 1 3(d► W1tvIE1li� (Lp . �1- fiNUdY�/C 4 OM 2A WM MP,V-Goee f;�s saau .�na N P D�Lruu 3b( wNvt�ta' ST V-° "idn-ttfDt1M�l 3tS 6 1e ,T � POW10 h vtEf nuns _ 14 t'tkWP ' 00 ftieT.F W,g*j1W(L to M Ih3utV dm lf- k Wim 316 ST f l us A Mt!"t'�f• -TTWST cern �A�L aoot� cE IJ�Wt� rK M � mac, -Y H AXI e- TW5T 3P j1�3UN ub14 WFAD P<F.W W J&T Wodo ST• P-Vylfl GW5 e iu6 10,1VtirLp, W UA3 WiNl -5o gPrmAta 40SG1°! z DlAt fW. !M1'.l_VCGf 40 tN6(.E Wuoo s -r STih1L�Y E4a�r14ArIG .'(�IyT � MihSt;ldy ,4-t/1� citth2t.� f � A91U � Q Pf19�c11� 35� ►NA�Uiw t�-t/�. THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND _ CERTH.TED BY THE ASSESSORS OFFICE BY: SIGNATURE f c"tifmate 7rfva Boar of*ssr.Andover DATE l2 o Zu PAGE4 OF Z Town of North Andover, Zoning Board of Appeals Parties of Interest/ Abutters Listing REQUIREMENT: MGL.40A, Section 11 states in part " Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS 121 ABUTTERS PROPERTIES MAP PARCEL NAME Im l �lvYLw P! I tQ(a. ADDRESS TF-tUnt . MN1 G, I _ 3'.1- KAV64t W VJ"O JCS IAE MGWd Aj Po W a o I. S2 �,�ii;+2�912toco �cv� 61ZO -P ` 7�If�tSNlp t d-8 �tA116r.1 44 S THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND - CERTIFIED BY THE ASSESSQRSOFFICE BY: Wz Wwr *'emiW mvs-r f wl-svt cwLs 6aUg� 57 -- DATE G Z SIGNATURE PAGE OF 2 Outified Date, Board f Ass North Andover D ZI: F -r WOOD - o s► MIVA M f�A -M M w MV 51 -�W 11NA N rA-tLM Z2 I29 Wit, MkVT t I:LG - 28l f�Iz aiR l- J/ � NA Ojj /z 4 W 4. rOP4e-14 P2PY rQ1 3AT .-4 04" PA& st*ftaK. Al/f oS -5, 0IcHftij.I46NMM.L )41-gmy" ¢22 !jtjV ifAj pp q — 6 COWL wvob 4b8 woor9 G w �RcK k1 ��aui r�t. t<l1t,�. _f 418 AbOb UWF 3 Pith A.,pEkppC& 41kikvFa2(a! POKO 02( 475 broom tm<#- D61Ii12 f�iullLS 00 w ►9 JI�,�L(,� IZartY) PtttLlP t%v q�i2lSTtlIf1AL DL 485 w000 umvc --- TF-tUnt . MN1 G, I _ 3'.1- KAV64t W VJ"O JCS IAE MGWd Aj Po W a o I. S2 �,�ii;+2�912toco �cv� 61ZO -P ` 7�If�tSNlp t d-8 �tA116r.1 44 S THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND - CERTIFIED BY THE ASSESSQRSOFFICE BY: Wz Wwr *'emiW mvs-r f wl-svt cwLs 6aUg� 57 -- DATE G Z SIGNATURE PAGE OF 2 Outified Date, Board f Ass North Andover D ZI: Town Of North Andover Building Department 27 Charles St. North An.clover, MA. 01945 S�YCHU+4� Phone 978-688=9545 Fax 978-688-9542 - w � �N�af�auon or such Is based era;the pians, request.for or•Information sabmitted:. No definitive review and or advice shAII W'bai sed on verbal explanations h the serve to Provide definitive answersta the 'bovereasons:,for this acU6 - i Any.inaccuracles misleanor shall: such lding: informeEibn, or other e*anations'by the applicant subsequent changes to the Informa"ion submiEted bX tfre aPplict�t�hap,be grounds for this review to �evotdect'at fhe discretion ofthe.BuildingDepariment"fh9attacheddocumeitftitiet4"`F►lepFl3$1e tJ� bye„.shall.he.attached,hereto.deid��w.,::.,Mr., herein by reference. Tttet�ui[dinstxfienarmA�i:w��r.s►,r:._�,__ ,. .�.-.. . 7,""' FMl? ana..aooumentation for the abpye,tile Building Department —fficia! 51; nature r ppy'rca ion R celve pplicatro D Denial Sent : �T. 1f Faxed Phone Number/Date: Plan Review Narrative The trillowing riarr'ative r pidv dedJto further explain the,,,eason f" indicated on the reverse side: on acti on the .00mrty I�kA- vt mn k,;k W, 0 S I . _ V Town ®f North Andover* t-- . 4 14ORT y Q s,<a.c c nb qM0 RECEIV JOYCE SRA of the Zoning Board ®f Appeais 'TOQO - � Development and Services Division NORTH ANDOVER VVillianz J. Scott, Division Director Sarno ��.(9 2001 MAR 2 q 9• • 27 Charles Street �Ssnc�euses kzb,th Andover, Massachusetts 01845 97one Telephone D. Robert Nicetta p ( 8) 688-9541. Building Commissioner Fax (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2001 date of filing of this notice in the office of the Town Clerk. Property at: 350 Green Street NAME: James Sheridan, Trustee of Richmond Realty Trust DATE: 3/13/2001 ADDRESS: for remises: 350 Green Street PETTTION: 005-2001 North Andover, MA 01845 HEARING: 2/13 & 3/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 13, 2001 at 7:30 PM upon the application of James Sheridan, Trustee/Richmond Realty, for premises at: 350 Green Street, North Andover, MA requesting a Variance from Section 7, Paragraph 7.3 of Table 2, for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1(2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building within the I -S zoning district. The following members were present: Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre. Upon a motion made by Walter F. Soule and 2nd by Scott Karpinski to GRANT a dimensional'Variance for relief of front setback of 7.4', a Southeast side setback of 7.6', and a -driveway width of 3' and Floor Area Ratio of 0.11:1, and for a landscape buffer; and that parking will be allowed on the Green Street right of way. All as per the Plan of Land by Christiansen & Sergi, 160 Summer Street, Haverhill, MA PLS, #28895, dated November 10, 2000 and rev: December 15, 2000. Voting in favor: WFS/JP/RF/SK/EM. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Town of North And Board of Appeals,[ 9 It �lr Raymond Vivenzio, acting Cha' Ml/Decisions2001/4 e'fi,UZD r �PF'r':1i ,9 FX _gjuli BALI . "G r �8: ;.! L;' '. F.!2�: 7 9<trr t: u; u, ( )� _ 7I�. LC."I' ? ;i SS _'�O _:A,V \'T\iti Gd : 9-3` r Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 13 of February, 2001 at 7:30 PM to all parties interested in the appeal of'James Sheridan, Trustee of Richmond Realty Trust, for premises at: 350 Green Street, North Andover, requesting a Variance from Section 7, Paragraph 7.3, of Table 2 for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building. Said premised affected is property with frontage on the North side of 350 Green Street, within the 1-S Zoning District. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on January 30, and February 6, 2001. Legalnotic.e2001 /3 Reviewed by: Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 13 of February, 2001 at 7:30 PM to all parties interested in the appeal of James Sheridan, Trustee of Richmond Realty Trust, for premises at: 350 Green Street, North Andover, requesting a Variance from Section 7, Paragraph 7.3, of Table 2 for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building. Said premised affected is property with frontage on the North side of 350 Green Street, within the I -S Zoning District. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on January 30, and February 6, 2001. Legalnotice2001 /3 Reviewed by: ...� C rn Q C.1'ON -�;� z,O .-• -S2 r- G)y¢ TO GIyCC� I -t6 o6i.- CGI Cn OC OLLC 6CC (OD 2D, _Z5 2D a7" rttlN�N V JOI�N 00 C70 O US EEi m�G)O��m�. C) G)mC7 O' a) -'0. 0a>E2 W AQP 'Cr�CDGIV2 4BW 00'pe: -r d�0� tG. a1U>Lp N¢CnLLL I 7 A m ¢ N f CS u7 O U .= d OL Cr.L- 62 E� a`C �Cn~ mY Cpm -m'00 y UCI� pC7 � .T (D CL� O0-�O ¢agota)o�r��o°G�idoommSFn�oo� mat_ mo :¢may m�E `o i ILL N 7C�Z-ozS';:-yr: >,.-C'I CU CO CQ'j-.L..mC ma- O_ tT-•.. ONOd� mO�y O GSNQ E'-.-.- NC CO GN1 N �, L a L 7 tC ¢COO N 'O G� L C N CU -0 'L O_.-. m 3. N r .� D O L O 2 7 � m.cd�Z000�i�Ho�cnommc�amacio>L.; vi�o,z>� m LLIQ�Loa>u,cmo-np 'na 0,r:2 J�'; E4�0 c c 'oLa �o pow-Lv� o2-_2 c�t'crnm n �r�a`�Z�`ca io CO z iG = m A Q O m W d «- O> «1 C. �`"� 2. co O G) N m d (D CO EO 0O F. -.N 3r�2LL$�v2 0Z ma -o CM LL � 3 v m C1L. E �mcn� ��i wco FAX - TRANSMISSION TO: 4rlxl FAX Number: 9 77' FROM: Town of North Andover Zoning Board of Appeals FAX: 978-688-9542 PHONE: 978-688-9541 DATE: O SUBJECT: 04 ! F e 7 e 4 Number of pages: REMARAKS: Attached is a fax containing your legal notice. As you are aware, the attached legal notice has to be placed with the legal notice, department of the Lawrence Eagle -Tribune,. and it is your responsibility to do so as -soon -as -possible in order to meet the required deadline. Failure to place the legal notice in the newspaper within the -required deadline will mean that you will not be able to be placed on the ZBA agenda for the upcoming meeting. The direct dial phone number for the legal notice department of the Eagle Tribune is 978-946-2412, 100 Turnpike Street, should you require any further assistance. Thank you. MI/fax-legal notice O ` IV http://72.72.82.242/ALIS/WW400R.HTM?WSIQTP=SY60V&W9CTLN=00360&W9RCCY=2002&W9... 5/16/2012 Page 1 of 1 page 1 page 2 page 3 Page 4 QUITCLAIM DEED vt I V RIVERBEND CROSSING DEVELOPMENT, LLC, a Massachusctts Limited Liability Company, of 45:1 Andover Street, North Andover, Massachusetts 01845 for consideration paid and in full consideration of TWO MILLION FOUR HUNDRED THIRTEEN THOUSAND ($2,413;000.00) DOLLARS Grants to NORTH ANDOVER RESIDENTIAL PROPERTY. I.I.C. a Maccarhisetts 1.I .. .... a «.... ..... _... ...._._ _ ...�. __.. ��.... .....tee ��.�-a.T Limited Liability Company with a principal address at c% Rosewood Construction, 259 Turnpike Road, Southborough, Massachusetts 01772 WITU AFIT t `U. OO«u. amc JL 1z vli%'Ju iyl` rL:'Llm1aA those three parcels of land with the improvements thereon situated in North Andover, Essex County, Commonwealth of Massachusetts, said parcels being more particularly a., --- :L.J.,. ron...._. UUK11UtX 81Uuvws: Parcel 1: A certain tract of land, situated in North Andover, County of Essex, Massachusetts, being Lot #180 and 181 on plan number 463, of "Waverly West Park." North Andover, made by Horace Bale Smith, dated June 1906, and filed with the Registry of Deeds, North District of Essex County. Being the lots conveyed to Riverbend Crossing Development, LLC, by deed of Frances V. Fichera dated August 3, 2001.and recorded with the Essex North District. Registry of Dees in Book 6296. Pane 125. Parcel 2- A rmfAin trgrt of 64 clfimf t in XInrth Andnvor PA1lnfnr Af PCOAV rAmntAtn—,,!+6 nr .. vv...... • ..... _. ...r..b, IVA, VVW11%J V1 L0J%1A, 4:V111j1tVY1W%Jn1M1 V1 Massachusetts, rang lot numbered one hundred eighty two (182) as shown on a plan entitled "Waverly West Park" recorded with North Essex Registry of Deeds, Plan No. 463, bounded and described as follows: http://72.72.82.242/ALIS/WW400R.HTM?WSIQTP=SY60V&W9CTLN=00360&W9RCCY=2002&W9... 5/16/2012 Page 1 of 1 <.<Pre�ious Zoom In:. Zoom Out Rotate Left . Rotate Right .9111M,111-9111.1•' / 1 11.. �./ • F"1!11111 page 1 page 2 R page 3 page 4 Easterly: fifty (50) feet by Kenwood Street. Being the same premises conveyed to Riverbend Crossing Development, LLC, by deed of lames Mistretta and Linda Holt dated August 4, 2001 and recorded with the Essex North District registry of Deeds in Book 6299, page 124. Parcel 3: That certain parcel of land situate in North Andover in the County of Essex and said Commonwealth, bounded and described as follows: Northerly and northeasterly by the southerly and southwesterly lines of Green Street about three hundred seventy and 99/100 (370.99) feet; Southeasterly and easterly by the. northwesterly and westerly lines of a way twenty (20) feet wide as shown on the plan hereinafter mentioned four hundred seventy eight and 95/100 (47895) feet, Southwesterly by land now or formerly of Ivar L. Sjostrom, Jr., about two hundred seventy six and 18/100 (216.18) feet; Westerly and northwesterly by the easterly and southeasterly bank of Shawsheen River as shown on said plan; Northerly by a line in said Shawsheen River; and Westerly by the easterly bank of said Shawsheen River. All of said boundaries, except the water lines, are determined by the Court to be located as shown on Flan No. 20608A, drawn by Ralph B. Brasseur, C.E., dated April 1947, as modified and approved by the Court, filed in the Land registration Office, a copy of a portion of which is filed with Certificate of Title No. 3362, Book 23, page 49. The above described land is subject to the flow of a natural water course running through the same and as shown on said plan as Shawsheen River. http://72.72.82.242/ALIS/W W400R.HTM?W SIQTP=SY60V&W9CTLN=00360& W9RCCY=2002&W9... 5/16/2012 Page . �.. •• —out 's �. - Right Srowntech1mage Plugm 2 03 �OWI1Wd Complete Page 1 Page 2 rt_f f page 3 page 4 L. Sheridan, and Sandra Gr Toni, Managers ofRiverbend Crossing Development, LLC, this i 3 day October 2002. RiVERBEND CROSSING DEVELOPMENT, LLC Franklin S. Davis, ger s and not individually James I;. Sheirni ;" r:,-l�har[ager t-fiA Hnt rn,�it:i n311�! ullu uvl ellui nuuµu� By � JAA LA V... AAhAAtA mi. JalltiTa vrtTpnl, nidi' L Q and not individuallly COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. bate: October .3 , 2002 Then Personally appeared the above-named Franklin 5, Davis, James L. Sheridan, Jr., and Sandra Grifoni Managers of RIVERBEND CROSSING DEVELOPMENT, LLC, and acknowledged the foregoing to be their free act and deed and the free act and deed of said Limited Liability Company, before me. � Company, � y /�! .W.e:6cC±!M r ._..._. Notary Public My Commission Expires: try 4mmmft http://72.72.82.242/ALIS/W W400R.HTM?WSIQTP=SY60V&W9CTLN=00360&W9RCCY=2002&W9... 5/16/2012 Torn of North Andover Office of the Zoning Bard of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building COnnnissioner March 22, 2002 Mr. Domenic J. Scalise, Esq. 89 Mai Street North Andover, Massachusetts '01845 RE: Riverbend Crossing 350 Greene Street North Andover, Massachusetts 01845 Regarding your request for a six (6) month extension of your Variances: Telephone (978) 688-9541 Fax (978) 688-9542 Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Please be advised that the Zoning Board of Appeals approved a 6 month extension relative to property at Riverbend Crossing, 350 Greene Street, North Andover, MA, reference attached decision #005-2001 At the regular meeting on March 12, 2002 upon a motion made by John M. Pallone and 2°d by Ellen P. McIntyre, the Zoning Board of Appeals voted to grant a 6 month extension from March 13, 2002 to September 13, 2002 (Mass. Gen. L., ch. 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise of such rights for a period not to exceed six months".). Voting in favor: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and George M. Earley. ReoP. dAman Zoning Board of Appeals CC: Town Clerk ZBA file 1,4 PP j 2 BOARD OF APPEAI8� 9541 BUILiWW9 45 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 �ft 0FApp FABS —'v r-ri 7 N - C.D -� C)rf,o cn`, CD 0 - Please be advised that the Zoning Board of Appeals approved a 6 month extension relative to property at Riverbend Crossing, 350 Greene Street, North Andover, MA, reference attached decision #005-2001 At the regular meeting on March 12, 2002 upon a motion made by John M. Pallone and 2°d by Ellen P. McIntyre, the Zoning Board of Appeals voted to grant a 6 month extension from March 13, 2002 to September 13, 2002 (Mass. Gen. L., ch. 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise of such rights for a period not to exceed six months".). Voting in favor: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and George M. Earley. ReoP. dAman Zoning Board of Appeals CC: Town Clerk ZBA file 1,4 PP j 2 BOARD OF APPEAI8� 9541 BUILiWW9 45 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 �ft 0FApp FABS Towel of North Axldover __ F �aHT� R`CElvof the Zoning Board of Appeals JOYCE BRA ' •TCQbftiMrluty Development and Services D vi_s on x t u.• - tNilliam J. Scott, Division Director 27 Charles Street SSS^�r♦u5E` 2001 MAR 21 A 9: hbrth Andover, A/lassachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 -Building Commissioner Fax (978) 688-9542 This is tv certify that twenty (20) days have elapsed from date of decision, bled Aamt filing of an appeal, oaten ,S. baa/ Joyce'A liradWmw Town clerk AITEST: . A True Copy Any appeal shall be filed Notice of Decision Town Clerk within (20) days after the Year 2001 date of filing of this notice in the office of the Town Clerk Property at: 350 Green Street NAME: James Sheridan, Trustee of Richmond Realty Trust DATE: 3/13/2001 ADDRESS:. for remises:.350 Green Street PETITION: 005-2001 North .Andover, MA 01845 HEARING: 2/13 & 3/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 13, 2001 at 7:30 PM upon the application of James Sheridan, Trustee/Richmond Realty, for premises at: l�J 350 Green Street, North Andover, MA requesting a Variance from Section 7, Paragraph 7.3 of Table 2, for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building within the I -S zoning district. The following members were present: Waiter F. Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre. Upon a motion made by Walter F. Soule and 2"d by Scott Karpinski to. GRANT a dimensional Variance for relief of front setback of 7.4', a Southeast side setback of 7.6', and a driveway width of 3' and Floor Area Ratio of 0.11:1, and for a landscape buffer, and that parking will be allowed on the Green Street right of way. All as per the Plan of Land by Christiansen & Sergi, 160 Summer Street, Haverhill, MA PLS, #23895, dated November 10, 2000 and rev: December 15, 2000. Voting in favor: WFS/JP/RF/SK/EM. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose ofthe Zo_�ng By 2w. Town of North And Board of Appeals, Raymond Vivenzio, acting Chairman ESSF-X NORTH R€aISTRY OF DEEDS - V[lil;ecisions2001/4' A TATTEST-. COPY: p Qf MAR 720020 G �. ..r.,. .. .u1:. .1: ., :�-.. •�� lid. �� :1 �': �Q .•..,. ... .... .. �: )�..';:i}.. Li r.i �..� .. in �r �.-.,: ... .... BOARD OF APPEALS REGl�7l R .al= C)l=•�b m J CD n g$((A p ,i �a n z >_ v +; m o O D :r_- Fa g ^; 0 Gu d D o 6:3 Ilk C=3 -7i D N Gu J CD n g$((A p ,i �a n z >_ v +; m o N rr ti\ g ^; 6:3 Ilk N rr ti\ g ri Town of North Andover - ria�7h RECEIV� 6SS4F� nb, M� of the Zoning Board ®f Appeals JOYCE 8RAi F •TCG6&ftftxngty Development and Services Division s NORTH ANDOVER William J. Scott, Division Director 1)7(-1, 1 Str t 2001 MAR 2 A9; ar es ee ACMU kibrth Andover, Massachusetts 01845 978 Tele hone D. Robert Nicetta p ( ) 688-9541. Building Commissioner Fax (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2001 date of filing of this notice in the office of the Town Clerk. Property at: 350 Green Street NAME: James Sheridan, Trustee of Richmond Realty Trust DATE: 3/13/2001 ADDRESS: for remises: 350 Green Street PETITION: 005-2001 North Andover, MA 01845 HEARING: 2/13 & 3/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 13, 2001 at 7:30 PM upon the application of James Sheridan, Trustee/Richmond Realty, for premises at: 350 Green Street, North Andover, MA requesting a Variance from Section 7, Paragraph 7.3 of Table 2, for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1(2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building within the I -S zoning district. The following members were present: Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre. Upon a motion made by Walter F. Soule and 2nd by Scott Karpinski to GRANT a dimensiona(Variance for relief of front setback of 7.4', a Southeast side setback of 7.6', and a -driveway width of 3' and Floor Area Ratio of 0.11:1, and for a landscape buffer; and that parking will be allowed on the Green Street right of way. All as per the Plan of Land by Christiansen & Sergi, 160 Summer Street, Haverhill, MA PLS, #28895, dated November 10, 2000 and rev: December 15, 2000. Voting in favor: WFS/JP/RF/SK/EM. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Post -it® Fax Note 7671 Date 3 Z7 pages0- djt& T / , �O Q G.✓ � From Co./Dept. Co. a /#^ Phone # Phone ,, D� G6,// G T Fax # Gf 7�a �Ci Fax # Town of North And Board of Appeals, Raymond Vivenzio, acting Chairman �OM'i ✓C X14; 49 d h 0-0I0'Y -Tv 1;71°. S ��,e ; 61" -6d'I 0: APPR.1Z s 6M9;4 1. BIT U,DF,-Ci c;T..SF RV T*O' t, c,_9 '.ii HIT. Lf.I'rl ii �_u,.1fj ul , \r o n Zc J t aORTH x� NORTH ANDOVER OFFICE OF THE ZONLNG BOARD OF APPEALL) 27 CHARDS S171-= �iGRiri AT LOVE, �L?SS�CL' S :S 013 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 .C�ok f �,Q- 1 F C (973) 653-95�� Date: --4//3/01 r, Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a VARIANCE for property located at - STREET ,i TOWN: ,. NAME OF PETITIONER: IJ,4�4 vxltelq� Signed: p iticner (or pe net's representative) 10.4 Variance and Appeals . The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. vj 0 Mi/variance i_._�I.1;CIS 6i;5 i Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 13 of February, 2001 at 7:30 PM to all parties interested in the appeal of James Sheridan, Trustee of Richmond Realty Trust, for premises at: 350 Green Street, North Andover,. requesting a Variance from Section 7, Paragraph 7.3, of Table 2 for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building. Said premised affected is property with frontage on the North side of 350 Green Street, within the I -S Zoning District. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on January 30, and February 6, 2001. Legalnotice200M Reviewed by: Received by "Down Clerk: EYCBRACEI DNAW "TOWN OF NORTH ANDOVER, MASSACHUSETTSJOYCE CLERK BOARD OF APPEALS NORTH ANDO RK APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE ER 1001 JAN I I P 12: 1 James Sheridan, Trustee of Applicant Ri c-hmond Real t -v Trust _Address 451 Andover Street North Andover, MA 01845 Tel.No.(978) 725-9000 1. Applicant is hereby made: a) For a variance from the requirements of Section 7. Paragraph 73, 8.1(7 end Table 2 of the Zoning Bylaws. Table 2- Floor Area Ratio Table 2 - EFNI-(2) Variance for Landscaping �P�ia�mitx�axi�43� Q C) As a Party Aggrieved, fur review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land x and building(s) x numbered. 350 Green Street. b) Premises affected area property with frontage on the North (x) South (x) East( ) West ( ) side of 350 Green Street. C) Premises affected are in Zoning District TS , and the prenuses affected have an area of 111,769 square feet and frontage of 370.99 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Vincent J Lacolla, 350 Green Street, No. --Andover, MA 01845 Date of Purchase 3/29/94 Previous Owner b) 1. If applicant is not owner, check his/her interest in premises: x Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Pernut required 5 of 8 4. Site of proposed building: 180± front; 140± feet deep; Height five (5) stories; 55 feet. a) Approximate date of erection on obtaining all permits b) Occupancy or use of each floor: residential C) 'Type of construction mason rvlood 5. Has there been a previous appeal, under zoning, on these premises? no When 6. Description of relief sought on this petition applicant seeks variances from dimensional_ requirements to construct a multi unit residential building Nortth E Weeds in Book No. Page x 7. Deed recorded in the Registry n Land Court Certificate No. 11889 _ Book 89-__ Page 361 The principal points upon which 1 base my application are as follows: (must be stated in detail) The Applicant seeks to construct an apartment building with forty-three (43) units within a Planned Development District (PUD) in an Industrial S Zone The North Andover Housing Authority has a sixty(60) unit Elderly Housing Complex adjacent to this site and the general area is suitable for this type of project. Allowance of the variance will not derogate from the intent and purpose'of the'Zoning By -Law and will not be detrimental to the public good. This project meets the intent and purpose of the Planned Development District. 1 agree to pay the filing fee, advertising in newspaper, and incidental expenses* Richmond Realty Trust by its attorney, menic J. Sc se, Esq. Signature of Petitioner (s) 89 Main Street North Andover, MA 01845 6 of (978) 682-4153 WORK SIIEE'r DESCRIP'T'ION OF VARIANCE REQUESTED ZONING DISTRICT: Industrial S Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area 50,000 sq. ft. 111,769 sq. ft. -0- Street Frontage 150 feet 370.99 feet -0- Front Setback (s) 30 feet 22 feet 8 feet Side Setback (s) 20 +15 35 feet feet feet 27 feet '2. (o ' 8 feet 7 Rear Setback (s) 30 feet 233 feet -0- Driveway Width 25 Special Permit Request: feet None 22 feet 3 feet Table 2 - Floor Area Ratio - 0.50:1 0.61:1 0.11:1 Table 2 - FNI(2) 15 feet Landscaped - r Variance needed for landscaping along easterly sideline adjacent to North Andover Housing Authority (R4 District) 7 of 8 TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE / OF I SUBJECT PROPERTY MAP PAR # NAME ADDRESS 6D ,g l�,uC�,ut n% 0(/'►i L'o LL �/Z�f N E ABUTTERS: p lX 4 ord,461 3131s-Go-ErN € Nfrass i "' 3I // a? /SQL%' %,i,tid� •�'/a6C1' a7' iSP.4F.M f 4 // � 5 02 ® ©v/aa e�P +e- CA?o LE (�11¢ ,QL p 6 /a P o.,r.� ,�„�� ours �+ u 4Q t ® /1� 9;N£ &xz €r 7 .ro .s l�[LEend 8 /3 9 a cO >sh 0✓A �/ ,� a a 10 ,2 au ,ea ev v .L 3 GtJ ✓@2L� n 11 b AW ilJ 7c 12 13 14 15 16 17 18 r THIS CERTIFIES ONLY THAT ON cK>F THIS LIST OF NAMES & ADDRESSES OF PARTIES OF INTERES W S PREPARED BY THE APP LICANT FROM THE RECORDS OF THE ASSESSORS OFFICE. ASS�SB�ORS OFFICE '" 6D ,g l�,uC�,ut n% SLi �/Z�f N E From -LAW OFFICES 9786894297 T-818 P.02 F-354 upfiratir- TRANSI-rit CERTIFICATE OF Trrj,r, 'NIll')OK - IJ9., rAr*r 361 Cot linc4t- No. . L 14 %.i Regiatralion 1300h Page 2.89 for the Normirn vrzjsjry Di:;trlct of 1:38ex County. is fill that - Vitirkint J I.,, c 0, ........ . .............................. ... . ....... . ... ... . . ........ ............. ............ . . ....... . ..... . ..... .................. ..... . ... ................... ... ... ....... ............ ................ .... . . .. Of - N0x:r_h........... ................... . ..... ...... ......... in tile County "f . . . ... ...... ...... * ..... ni..l Comnwnwrnith of Din �ncl,u�otcs .. ..... .............. .. ..... .................. ............... ........ ... .. . .... ....... ........................ ................ ................ ........................... ..... ..... . ...... .. ..... ............ I ....... th.--nor .................. .. .. ....in fen aim . . .. . .. . ........ ..... ple ..Und Cho e�r of v. e rn I- r ............. aa . �! I -- fiJed and re ..... Y .... a, .......... I ..... ...... .. .............. .................... . > . . . ............... . .................... ...... .... ofthl't .. ................... .. ............ (;oIll.ty of ... . . . . ............. .. . . .. Northerly A,id nvrLl1QaRLtj1rly by and G,een SCrabukit th -rjy li,,L.!. of SoutheaYrerly -joj OAS r(c bUhdr,;r.1 w ai;vet'(Y And 99/1()U (370.99) fear; i. W -ly i;orly 1)y the nUrrhW18CLrly and litted of tW('"Y 00) (L',11 w1d, x'11 the hundred N 011 ,.,-nLiu,-j.(j r.evority cj,j,.jlt And q5/10() ( Souchuica 1,78.9r,) terly by land now or formurly of Zv.ir V, rwU hunduca 'SvV[:1lU S,10-9troln, Jr., nl'ULI(: Y pix lit -d lti/tuuWtj'E �-'Bcvrly and bylllv "!"""ly and Si"Jw8h,:e'% River ;is flkuw" o" Ly 1):1,11( of N.,rchvrly by n line 1,n A;,Itkl Sh: ro Westerly by the e Riv, r. ml,j ;'rterly bank of RivQr. All of s;lid boundai ca, Lhu water Court tv be locitr w _o) Etq lines. _.d tly [.hk, Bhown nn I'Trin No.20608A. cluawn by Ralph B C. E., dated April 191,7, R-giaurfici.un Lk"d by rhe (:our(,, Of TLtl�: it CL)PY Vf -1 POrLi011 of which 16 fi.led filed in the 110-3362. kook 23, PaCc 49. WiUl ctectificat.", Th,t above dOscribi6d land -t'; suhjecc to - flow of A "tu"" witcer cijurae running throuLth the gainu and 6howl, un;;aid Thece if, appurtr.nanc to the i'bo',(., d,;:;crjbe(j lanj the rjr 'ht to uac way Ewency (20) fuet wide as � said plan gr fully VntiLled thercco. .n "09nIn011 with others JAw_ From -LAW OFFICES 8786884287 Awl it is fllrthor GOrlifled that Sn1J IAII,t i7 LLn drr (LC "IT-tt„n And In'OviB inga Gencrol I_,awy, and any arnol,dmenla thcrolo, n,d thec uu: or Clwgt.•r ]8G of the ........... to Beid 1' ........ and i9 rcRl9tnred ua .�. ... .... ..- . dor Bald Gin l ur[Y-slX Of nniJ ny n Chagf.•r, and u r crr� Ll nlry of th; PurlhnLrn, ....._.._._. mondu101, t9. theie If. -a ,um,fionrd in :;1101)l, �Qr.t;•R�y�� -lJ, bhlClr nNlhr .v 116-uisliok. an _arlti..to...the...encwn4rnuce�... .� d nubj......_... nI„o PAcal ii lv ..Ib c... �.i.t l --- .................... ....................................... i ..........................Whncu... . V -(:hlef Justicr of IIr • ............. BOX, the ..... � Lind C,"Itrt, t •._.. l Ns.ptY,..nialh............. _... n Lawrcn:,% - .... �. pr _ ill said Cuunly of and ....n1u�i_y_. fuy t.._..., at .......1.-.... o'r}0 — M ,ich........... . ............... eh aad .-j.1... In tt1O Yunr alnot0en huodwd Atleat, witL the ........ lniouten lb the ,,,,,._g�r.�•L BOOM Raaf of en id (:Dort, ................. ABelBlaat R.Mjar T-818 F.03 F-354 0 w .v 356 YRS. ro Of tAoR-r �Qn Qy6lr neo �m �� Op(p ee A 90'coc.�c:ic 1 Z9 `" NORTH ANDOVER FIRE DEPARTMENT WILLIAM V. DOLAN Chief of Department EDWARD J. MORGAN Deputy Chief CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 Domenic J. Scalise Attorney At Law 89 Main St. North Andover, MA 01845 2 November 2000 Dear Dom, Chief (978) 688-9593 Business (978) 6889590 Fax (978) 6889594 Thank you for the oportunity to preview and comment on the proposed plans for River Bend Crossing with the architect and engineer for the project. Lt. Melnikas and I appreciate the incorporation of our comments regarding fire protection for this project. The project will provide for automatic fire sprinklers, additional fire hydrants, fire department access, stairway standpipes, and an internal fire detection and alarm system directly connected to the fire department. I am writing this letter because I believe that this proposed project will enhance the current life safety conditions presently found on this property. The current structure is abandoned and in disrepair. I have notified all fire department personnel not to enter the building to perform fire attack unless the fire is minor in nature or there is a known life safety hazard to any possible occupants. The quicker that the existing structure is demolished the better the situation becomes. Please utilize this letter as an endorsement of your project by the head of the fire department. Respectfully, William V. Dolan Fire Chief Cc: Robert Nicetta, Building Inspector SERVING PROUDLY SINCE 1921 350 GREEN STREET TRUST DECLARATION OF TRUST DATED NOVEMBER 24, 1993 JAMES V. LACOLLA, TRUSTEE 497 FOSTER STREET NORTH ANDOVER, MA 01845 January 4, 2001 North Andover Zoning Board of Appeals 146 Main Street North Andover, MA 01845 Re: 350 Green Street To Whom It May Concern: Please be advised that 1, as owner of the above -referenced property in my capacity as Trustee of the 350 Green Street Trust, hereby authorize Richmond Realty Trust to proceed with the attached Application for Relief front the Zoning Ordinance before the Zoning Board of Appeals in connection with same. Thanking you for your anticipated courtesy and cooperation, I am, Sincerely yours, olla, Trustee 9 NQHTy 4 Q�1K�90 �6 Ai'0 9SSACN�IS K Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: Item `Map/Lot: rl'1—! f ,�--�, p Applicant: Request: QteFtW,,Dup R� C -- M s .S 'o+u..T2�.s z "" S i N Cr =-s s`i'res � ' Date: -i�aZC�u�t'fL eLs�o MMI #+ 1- ease ..w auviscLl! LnaL drier review or your AppucaUon andPlans your Application is APPROVED / DENIED for the following'Zoning. Bylaw reasons: Zoning ...-1 1 /V Co. Remedy for the above is checked below Item # Special Permits Planning Board Item Notes Site Plan Review Special Permit Item Notes A Lot Area Parkinq Variance F Frontage Lot Area Variance 1 Lot area Insufficient Height Variance 1 . Frontage Insufficient Variance for Sign. 2 Lot Area Preexisting Special Permits Zoning Board 2 Frontage Complies Y&M 3 4 Lot Area Complies- Insufficient Information Earth Removal S eciaf Permit ZBA 3 4 Preexisting frontage . Insufficient Information S ecial Permit Use not Listedbet Si;: B Use mar 3 ecial Permitfor Si n 5 No access over Frontage Other. I.. Allowed y� GContiguous Building Area �tifBw w�l� 't IWJ AV-A=— 2 Not Allowed 1 Insufficient Area 3 4 Use Preexisting Special Permit Required 2 1 3 1 Complies Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H. Bu Height 1 All setbacks comply 1 Height Exceeds Maximum 2 3 4 Front Insufficient Left Side Insufficient Right Side Insufficient y ... d Mfz 2 3 4 Complies Preexisting Height Insufficient Information 5 Rear Insufficient Ko I Building Coverage 6 7 D Preexisting setback(s) Insufficient Information Watershed 1 2 3 Coverage exceeds maximum Coverage Complies Coverage Preexisting Y45 1 Not in Watershed 4 Insufficient Information 2 3 In Watershed Lot prior to 10/24/94 j 1 Sign Sign not allowed •S, tr 4 5 E Zone to be Determined Insufficient Information Historic District 2 3 K Sign Complies Insufficient Information Parking 1 2 In District review required Not in district o 1 2 3 More Parking Required Parking Complies Insufficient Information ...-1 1 /V Co. Remedy for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit .. 3 Setback Variance Access other than Frontage Special Permit Parkinq Variance Frontage Exception Lot Special Permit I Lot Area Variance Common Dr iveway DrSpecial Permit Height Variance Congregate Hous-ing Special Permit Variance for Sign. Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderl using Special Permit Special Permit Non-ConformingUse ZBA Large Estate Condo special Permit Earth Removal S eciaf Permit ZBA Planned Development District Special Permit S ecial Permit Use not Listedbet Si;: Planned Residential Sp ecial Permit mar 3 ecial Permitfor Si n .R-5 Density Special Permit c`5 Other. Watershed Special Permit SuRplyAdditional Information K:+ �tifBw w�l� 't IWJ AV-A=— ti The above review and attached explanation of such is based on the plans, request for or information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for this action. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein ybyreference. The building departinent will retain all plans and documentation for the above file. 22 2amea .'d. zoee 0 Building Department Official Signature Application Received Application Denied Denial Sent: 0ee If Faxed Phone Number/Date:. Plan Review Narrative The following narrative is provided to further explain the reasons for the action on the property indicated on the reverse side: j. Fire Health Police Zonin Board Conservation De artment of Public Works Planning Historical Commission Other. .. , _ BUILDING DEPT 7.nni n vRvt aa,T IP1,; �1,)nnn w 350 GREEN STREET TRUST DECLARATION OF TRUST DATED NOVEMBER 24, 1993 JAMES V. LACOLLA, TRUSTEE 497 FOSTER STREET NORTH ANDOVER, MA 01845 January 4, 2001 North Andover Zoning Board of Appeals 146 Main Street North Andover, MA 01845 Re: 350 Green Street To Whom It May Concern: Please be advised that I, as owner of the above -referenced property in my capacity as Trustee of the 350 Green Street Trust, hereby authorize Richmond Realty Trust to proceed with the attached Application for Reliefftonz the Zoning Ordinance before the Zoning Board of Appeals in connection with same. Thanking you for your anticipated courtesy and cooperation, I am, Sincerelv yours, olla, Trustee Town of North Andover \` `` _ i • L, RECEIV o the Zoning Board of Appeals JOYCE BRA1YAP •Tc2dfiiffWuty Development and Services Divison NORTH ANDOVER William J. Scott, Division Director 27 Charles Street 1001 MAA 21 A 9: Hirth Andover, Nlassachusetts 01845 D. Robert Nicetta -Building Commissioner This is to certify that twenty (20) days have elapsed from date of derision, filed lithout filing of an pppeal, JoyceA aradahaus Town cleric Telephone (978) 688-9541 Fax (978) 688-9542 ATTEST: Pi True Copy Any appeal shall be filed Notice of Decision Tovyn Clerk within (20) days after the Year 2001 date of filing of this notice in the office of the Town Clerk. Property at: 350 Green Street NAME: James Sheridan, Trustee of Richmond Realty Trust DATE: 3/13/2001 ADDRESS: for remises: 350 Green Street PETITION: 005-2001 North Andover, MA 01845 HEARING: 2/13 & 3/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 13, 2001 at 7:30 PM upon the application of James Sheridan, Trustee/Richmond Realty, for premises at: 350 Green Street, North Andover, 1VIA requesting a Variance from Section 7,. Paragraph 7.3 of Table 2, for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building within the I -S zoning district. The following members were present: Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre. Upon a motion made by Walter F. Soule and 2"d by Scott Karpinski to. GRANT a dimensional Variance for relief of front setback of 7.4', a Southeast side setback of 7.6', and a driveway width of 3' and Floor Area Ratio of 0.11:1, and for a landscape buffer; and that parking will be allowed on the Green Street right of way. All as per the Plan of Land by Christiansen & Sergi, 160 Summer Street, Haverhill, MA PLS, #28895, dated November 10, 2000 and rev: December 15, 2000. Voting in favor: WFS/JP/RF/SK/EM. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Town of North And Board of Appeals,/ Raymond Vivenzio, acting Cham ESSEX N.OPTH REGISTRY OF DEEDS A TRUE GC)py: A(TTEST, Iv1liDecisions2001/4' MAR 7 2002 I?I. �..i.., .. ! 11I: .1; .: r, l;:_ ; .t � lil .�l i(.'�:i�.�.. �. ... 4 ...`; .1::\�,. '•ii tlf.. !.i � ..� .. ill Jt ♦". .. .. � : �� . BOARD OF APPEALS REGISTER OFDEED V i I I DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 March 6, 2002 Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 RE: Riverbend Crossing 350 Green Street North Andover, Massachusetts 01845 Dear Members of the Board of Appeals: Concerning the above captioned project, a Decision of your Board was rendered on March 13, 2001 allowing the Applicants requested variances (see copy attached). The Applicants have demolished the old building and have cleared the site and complied with preliminary Conservation Commission requirements in preparation for the new construction. Construction plans are being fmalized and my clients will be requesting a building permit in order to commence with the actual construction. Request is hereby made on behalf of the Applicants that this Board grant an extension of time for exercise of the variances under the Decision dated March 13, 2001, for an additional period of six (6) months, pursuant to Massachusetts General Laws 40A Section 10. Kindly schedule this matter for hearing at your regular meeting on Tuesday, March 12, 2002 at 7:30 p.m. Very truly yours, Domenic J. Scalise DJS/cm Enclosure DBAR 7 2002 BOARD OF APPEALS a Town of North ,Andover'` �� F �oerM RECEIV .� E�ti< JOYCEBRA Wj, of the honing hoard of Appeals o' -TOG09ifflUnity Development and Services D_fvi._si'on. NORTH ANDOVER William J. Scott, Division Director 27 Charles Street zoos MAR 2 A 9 tai brth Andover, N+Iassachusetts 01845 D. Robert Nicetta `Building Coniniissioner Telephone (978) 688-9541 Fax(978)688-9542 This is t() certify that twenty (20) days have elapsed from date of decision, filed Athout filing of an pppeai. aao� ATTEST: Joyce Joyce'A Bradahaus A True Copy Town Gerk L, Q. ���•- G Any appeal shall be filed Notice of Decision Town Clerk within (20) days after the Year 2001 date of filing of this notice in the office of the Town Clerk. Property at: 350 Green Street NAME: James Sheridan, Trustee of Richmond Realty Trust DATE: 3/13/2001 ADDRESS:. for remises: 350 Green Street PETITION: 005-2001 North Andover, MA 01845 HEARING: 2/13 & 3/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 13, 2001 at 7:30 PM upon the application of James Sheridan, Trustee/Richmond Realty, for premises at: 350 Green Street, North Andover, MA requesting a Variance from Section 7,. Paragraph 7.3 of Table 2, for -dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 writ apartment building within the I -S zoning district. The following members were present: Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre. Upon a motion made by Walter F. Soule and 2nd by Scott Karpinski to. GRANT a dimensional Variance for relief of front setback of 7.4', a Southeast side setback of 7.6', and a driveway width of 3' and Floor Area Ratio' of 0.11:1, and for a landscape buffer; and that parking will be allowed on the Green Street right of way. All as per the Plan of Land by Christianm sen & Sergi, 160 Sumer Street, Haverhill, MA PLS, #28895, dated November 10, 2000 and rev: December 15, 2000. Voting in favor: WFS/JP/RF/SK/EM. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Town of North And ` sp Board of Appeals,] 1 � s t, /y Raymond Vivenzio, acting Chainrian . ESSEX NORTH REGISTRY OF DEEDS b iA TRUE GOPY: ATTEST-. VII/Decisions2001/4 D BAR 7 2002 Iv21. i. ,,... .. lUi:{: .',: l(.!ti�-.. •�7 ii{.I( �i�:��J.. �. .. .. i; )�.'(::i �.., :�V flf: tr :f f,vl• [Q 9! ♦'ti ;`. BOARD OF APPEALS REGISTER .O OEED Town of North Andover Office ®f the Zoning Bard of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Cooninissioner Mr. Domenic J. Scalise, Esq. 89 Main Street North Andover, Massachusetts 01845 RE: Riverbend Crossing 350 Greene Street North Andover, Massachusetts 01845 March 22, 2002 Telephone (978) 688-9541 Fax(978)688-9542 Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 C N jj V N M M N CD v Regarding your request for a six (6) month extension of your Variances: Please be advised that the Zoning Board of Appeals approved a 6 month extension relative to property at Riverbend Crossing, 350 Greene Street, North Andover, MA, reference attached decision #005-2001 At the regular meeting on March 12, 2002 upon a motion made by John M. Pallone and 2nd by Ellen P. McIntyre, the Zoning Board of Appeals voted to grant a 6 month extension from March 13, 2002 to September 13, 2002 (Mass. Gen. L., ch. 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise of such rights for a period not to exceed six months".). Voting in favor: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and George M. Earley. Ro P. Ford Acting Chairman Zoning Board of Appeals CC: Town Clerk ZBA file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Heidi Griffin Planning Director Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Notice Of Decision Telephone (978) 688-9535 Fax(978)688-9542 G��AD N_ C� C = CD �mrn - rQ =con D< nrnorn <�acD Date: June 21, 2001, Date of Hearing: April 1L2001, May 1,2001 & June 5, 2001 — Petition of: Richmond Realty Trust 451 Andover Street, North Andover, MA 01845 Premises Affpcted: located off Waverly Road Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section .11. So as to allow: for a four story 43 -dwelling unit building. After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Planned Development District Special Permit, based upon the following conditions: Cc: Applicant Engineer Abutters DPW Building Department Conservation Department Health Department ZBA Signed: n Si ons, Chairman berto Angles, Vice Chairman Richard Nardella, Clerk Richard Rowen Alison Lescarbeau BOARD OF APPEAi.S 688-9641 BUILDING 688 9545 CONSERVATION 688-9530 HEALUM 688-9540 PLANNING 688-9536 Riverbend Crpssing-Greene Street Special Permit Planned Development District Conditional Approval The Planning Board hereby APPROVES the Planned Development District Special Permit for a 4 story 43 -dwelling unit building. This building will be utilized by adults .55 years of age or older, known as Riverbend Crossing. This special permit was requested by Richmond Realty Trust, 451 Andover Street, North Andover, Massachusetts on March 29, 2001. Richmond Realty Trust submitted a complete application on March 29, 2001. The application was noticed and reviewed in accordance with the procedures for approval described in Section 11, 10.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40, sec. 9. The area affected is located off Waverly Road in the I -S Zoning District. The Planning Board makes the following findings as required by the Town of North Andover Zoning Bylaw, Sections 10.3 and 10.31. 1. The specifiq. site is an appropriate location for a Planned Development District as it is located in the I -S Zoning District and the PDD plan meets the minimum requirements required by Section 11.4 of the Town of North Andover Zoning Bylaw. 2. The use as developed will not adversely affect the neighborhood as this site is located in the Industrial -S Zone and is adjacent to the Town of North Andover Housing Authority, and is a similar use as the property adjacent to it. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant submitted a traffic impact and access study to the town's outside engineering consultant and the study was found to be accurate and sufficient for the proposed project. Furthermore, the Town of North Andover Fire Department has determined in their review that this proposed project will enhance the current life safety conditions presently found on the property (attached). 4. Adequate .and appropriate facilities will be provided for the proper operation of the proposed use. The project will be on town water and sewer and has been determined acceptable by the Department of Public Works as noted in their letter dated Nfay 24, 2001 (attached). The Planning Board also makes findings under Section 11.2 of the Zoning Bylaw that this PDD is in harmony with the general purpose and intent of the Bylaw, including Sections 11.2 and 10.3, and that the PDD provides for a mixture of land usage at designated locations at greater density and intensity than would normally be allowed. In particular, the Planning Board finds that this project: 1 1. Does not detract from the livability and aesthetic qualities of the environment — The building has been designed by registered architect and a community and fiscal impact analysis has been submitted; 2. Is consistent with the objectives of the Zoning Bylaw - The project conforms to the Town of North Andover Zoning Bylaw with the exception of variances granted by the Zoning Board of Appeals; 3. Promotes more efficient use of land while protecting natural resources, such as water resources, wetlands;. floodplain and wildlife — The project contains approximatgly 38% open space which can be utilized for terraces, walking trails and ot)er active or passive recreational uses; and 4. Promotes diverse, energy-efficient housing at a variety of costs. The property will provide housing for individuals 55 years of age or older, which is a Type of housing needed in the Town of North Andover. Finally, the Planning Board finds that the. Planned Development District complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 1. The developer shall designate an independent Environmental Monitor who shall be chosen. in consultation with the Planning and Community Development Itaff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor shallmake inspections as determined necessary by the Town Planner to assure compliance with this decision. Tie monitor shall meet with the Town Planner at appropriate intervals and hie monthly written reports to the Planning Board detailing areas, if any, of non-compliance with approved plans and conditions of the site plan approvals. 2. It shad) be the responsibility of the developer to assure that no erosion on -the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer and other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan. 3. Prior to endorsement of the plans by the Planning Board and recording with the Registry of Deeds the applicant shall adhere to the following: a. The applicant shall post (per agreement with the North Andover Planning Board) a Site Opening Bond in the amount of five thousand ($5,000) to be held by the Town of North Andover. The Guarantee shall be in the form of a check made payable to the Town of North Andover escrow account. This amount shall cover any contingencies that might affect 2 the public welfare such as site -opening, clearing, erosion control and performance of any other condition contained herein, prior to the posting of the Performance Security as described in Condition 6b of this Conditional Approval. This Performance Guarantee may at the discretion of the Planning Board be rolled over to cover other bonding considerations, be released in full, or partially retained in accordance with the recommendation of the Planning Staff and as directed by the vote of the North Andover Planning Board. b. Deeds and easements relative to the project (with the exception of the Master Deed referenced in condition #6d) must be supplied to Planning Staff and reviewed and approved by Town Counsel. C. The construction and placement of the North Andover Trails Committee standard 55" kiosk will occur near the cul-de-sac area .at --the bottom of the 'street near the parking areas. Revised plans must be submitted reflecting this. The Planning Board Approves the following building designs as depicted in the following plans: Plan Titled: Lower & 1 't Floor Elevations 2°d, 3rd and 4d' floor plans Elevations Architect: Joseph D. LaGrasse &Associates, Inc. One Elm' Square Andover, MA 01810 Dated: November 27, 2000, revised 12/15/00 Sheets: A-1, A-2, A3, A-4 4. Prior to CPnstruction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) Yelloww Hazard tape must be placed along the no -cut line on as shown on the approved plans and must be confirmed by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 3 5. Throughout and During Construction: (a) Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. (b) Street sweeping must be performed, at least once per month, throughout the construction process, or more frequently as directed by the Town Planner. (c) Hours of operation during construction are limited from 7 a.m. to 5 p.m., Monday -through Friday and 8 a.m. — 5 p.m. on Saturdays. 6. Prior to the issuance of a building permit: a) The Planning Board must by majority vote make a specific finding that the Erosion and Siltation Control Program is being adhered to, and that any unforeseen circumstances have been adequately addressed. b) A Performance Guarantee in an amount to be determined by the Planning Board, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover P Board. Items covered by the Bond may include, but shaft be limited to: i) as -built drawings; ii) sewers and utilities iii) roadway construction and maintenance iv) lot and site erosion control v) site screening and street trees vi, drainage facilities - vii) site restoration viii) final site cleanup c) The applicant shall adhere to the following requirements of the Fire Department and the Building Department: is All structures must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire department. Plans and hydraulic calculations fo each residential system must also be supplied to the Building Department when applying for a building permit. d) A Master Deed which represents the following: (1) Each unit shall be occupied by at least one person who is at least 55 years of age or older; (2) All unit owners shall comply with the rules 0 issued by the Sfcretary of HUD for verification of occupancy which shall provide for verification by reliable surveys and affidavits, which shall be admissible in administrative and judicial proceedings for the purpose of such verification; (3) Children under the age of 18 may not reside in a unit for more than six months (6) in any nine month (9) pe+d. e) The applicant must comply with the Growth Management Bylaw, Section 8.7 of the Town of North Andover Zoning Bylaw. If the applicant wishes to qualify for the exemption listed in Section 8.7.6.d the Master Deed referenced above in Condition 6.d. must run with the land. (f) An as -built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer appurtenances for use. (g) The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction- of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner and the Department of Public Works an interim as -built, .certified by a professional engineer, verifying that all utilities have been installed in accordance with the plays and profile sheet. (h) The applicant is required to pay sewer mitigation fees fees in accordance with the current and prescribed policies at the Department of Public Works. These fees are based on the number of bedrooms. Proof of payment must be supplied to the Planning Department. (i) The open space, subject to the easement for the public to use the trails, shall be part of the condominium. To insure that this condition is met, the Applicant shall provide to the Planning Board a copy of the Master Deed along with the Exhibit A property description uppn the recording of the Master Deed at the Essex North District Registry of Deeds. The Master Deed shall provide that the open space shall never be severed from the condominium nor shall the unit owners ever be able to vote to withdraw the open space land from the condominium. 7. Prior to verification of a Certificate of Occupancy. a) The applicapt shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building G1 Department. All structures must contain a residential fire sprinkler system The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The: applicant must then provide this certification to the North Andover Planning Department. 8. Prior to final release of security: a) The PhTuiing Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. Specifically after the detention pond is completed, the Town Planner will review the site and any screening as may be reasonably required by the Town Planner will be added at the applicant's expense b) A final as -built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 9. Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. If any tree cutting occurs, outside of the no -cut line as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of the Zoning Bylaw. 10. This special permit approval shall be deemed to have lapsed after zzy-? (two years from the date permit granted) unless substantial construction of roadway and utilities has commenced. 11. The provisions of the Special Permit shall apply to and be binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control. 2 12. The developer shall implement and follow all requirements set forth in this decision (conditions 1-12) and the plans and reports, referenced below in conditions 13a -d. Failure to comply with all requirements therein and the conditions of this approval shall be the basis for the Planning Board, voting by majority vote, to stop all site work and construction until defects on the site are corrected and the development is put back into plan compliance. Plan compliance will ' be solely determined by a majority vote of the Planning Board based upon the developers written comments and the Fonditions contained herein. 13. The Town Planner shall approve any insubstantial changes made to the plans and reports described in Sections 3 and 13. Any changes deemed -substantial by the Town -Planner shall be presented to the Planning Board for a determination by the Board whether such changes would merit a public meeting or hearing and/or Special Permit modification. a) Plan titled: Definitive Plan: Planned Development for Riverbend Crossing Dated: 3/28/01 Applicant: Richmond Realty Trost Civil Engineer: Christiansen & Sergi, 160 Summer Street Haverhill, MA 01830 Sheets: 1 of 7 Scale: F=20` b) Plan tit{ed: Proposed Site Locus Plan & Landscaping Plan Dated: November 27, 2000, revised 12/15/00 Sheets: C-1 & C-2 Scale: I"=40' -and 1 "=20' Landscape Architect: Joseph LaGrasse & Associates, Inc. One Elm Square Andover, MA 01810 c) Report titled: Traffic Impact and Access Study t Riverbend Crossing Condominium Development North Andover, MA Prepared by: Vanasse & Associates, Inc. 10 New England Business Center Drive, Suite 314 Andover, MA 01810 Dated: May 2001 7 Division of Public Works Nnone alts-wo-wou 384 Osgood Street Fax 978-688-9573 North Andover, MA 01845 Memo TO: Heidi Griffin, Town Planner From: James Rand, Jr., Director Of CC: J. William Hmurciak, PE, Director Joseph D. LaGrasse, Architect Date: May 24, 2001 EM RECEIVED MAY 2 5 2001 NORTH A OVER PLANNIN EP RTMENT Re: Riverbend Crossing — Site Plan Revisions ; Tim Willett Staff Engineer, Reference Plan: Site Plan for "Riverbend Crossing" an independent elderly housing community on Green Stmt in North Andover, Mass. Prepared for Richmond Realty Trust, scale: 1"=20', Date: November 10,2000, rev.: 12115/00. Christiansen & Sergi, Professional Engineers & Land Surveyors. Revised May 14, 2001 This Department has reviewed this revised plan and find all changes satisfactory. Just a reminder that item 3 of our Memo dated January 23, 2001 still applies. "As required, by the Town the applicant is required to pay sewer mitigation fees. These fees are based on the number of bedrooms. Please add this note to your approval to alert all future parties." C:/Riverbend/ Memo 02 6 Page 1 ,o NORTH ANDOVER FIRE DEPARTMENT ::CENTRAL FIRE HEADQUARTERS 124 Maln Street North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Depertment EDWARD J. MORGAN Deputy Chief Domenic J. Scalise Attorney At Law 89 Main St. North Andover, MA 01845 2 November 2000 Dear Dom, Chief (978) 688-95 Business (978) 688-95 Fax (978) 688-95 Thank you for the oportunity to preview and comment on the proposed plans for River Bend Crossing with the architect and engineer for the project. Lt. Melnikas and I appreciate the incorporation of our comments regarding fire protection for this project. The project will provide for automatic fire sprinklers, additional fire hydrants, fire department access, stairway standpipes, and an internal fire detection and alarm system directly connected to the fire department. I am writing tWs letter because I believe that this proposed project will enhance the current life safety conditions, presently found on this property. The current structure is abandoned and in disrepair. I have notified all fire department personnel not to enter the building to perform fire attack unless the -fire is minor in nature or there is a known life safety hazard to any. possible occupants. The quicker that the existing structure is demolished the better the situation. becomes. Please utilize this letter as an endorsement of your project by the head of the fire department. Respectfully, i William V. Dolan Fire Chief I Cc: Robert Nicetta, Building .Inspector SERVING PROUDLY SINCE 1921 Town of North Andover' __- , �'a - : ',,', 7h 'G 3 r aV' tie° ib y0 CE BRA of the Zoning Board of Appeals JOYCE BRAt��F ,. 'T0@b&mwuty Development and Services Dtivil> �a>< 'ORTH ANDOVER William J. Scott, Division Director 27 Charles Street �Ss�cr+os�` 2001 MAR 21 A 9: Kirth Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 This is tr) certify that twenty (20) days have elapsed from date of decision, filed hthout filing of an i3ppeA Date` 1. o?S ao0/ Joyce A Bradahaus Town Clerk ATTEST: A True Copy Any appeal shall be filed Notice of Decision Town Caerl< within (20) days after the Year 2001 date of filing of this notice in the office of the Town Clerk. Property at: 350 Green Street NAME: James Sheridan, Trustee of Richmond Realty Trust DATE: 3/13/2001 ADDRESS: for remises: 350 Green Street PETITION: 005-2001 North Andover, MA 01845 HEARING: 2/13 & 3/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 13, 2001 at 7:30 PM upon the application of James Sheridan, Trustee/Richmond Realty, for premises at: 350 Green Street, North Andover, MA requesting a Variance from Section 7, Paragraph 7.3 of Table 2, for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building within the I -S zoning district. The following members were present: Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre. Upon a motion made by Walter F. Soule and 2nd by Scott Karpinski. to GRANT a dimensional Variance for relief of front setback of 7.4', a Southeast side setback of 7.6', and a driveway width of 3' and Floor Area Ratio of 0.11:1, and for a landscape buffer; and that parking will be allowed on the Green Street right of way. All as per the Plan of Land by Christiansen & Sergi, 160 Summer Street, Haverhill, MA PLS, #28895, dated November 10, 2000 and rev: December 15, 2000. Voting in favor: WFS/JP/RF/SK/EM. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. M1;Decisions200I/4 II, OU I 1 1 2002 L� BOARD OF APPEALS Town of North And Board of Appeals,] , Raymond Vivenzio, acting Chairman �— ..'J ----4 Town of North Andover ,,6HTH RECEIof the ZoningBoard of A eats JOYCE BRAle PP a TcQ ity Development and Services Divi s 11 x NORTHANDOVER t ER William J. Scott, Division Director -� 27 Charles Street' 'SS,CHus�� ZOUI MAR 2l A 9: %i'brth Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 .BLiil&ng Commissioner Fax (978) 688-9542 This is to certify that twenty (20) days have elapsed from date of decision, filed hthout filing of an aPPe�. Joycea Bradatraus Town Clerk ATTEST: - A True Copy Any appeal shall be filed Notice of Decision Tawtx Clerk within (20) days after the Year 2001 date of filing of this notice in the office of the Town Clerk Property at: 350 Green Street NAME: James Sheridan, Trustee of Richmond Realty Trust DATE: 3/13/2001 ADDRESS:. for remises: 350 Green Street PETITION: 005-2001 North Andover, MA 01845 HEARING: 2/13 & 3/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 13, 2001 at 7:30 PM upon the application of James Sheridan, Trustee/Richmond Realty, for premises at: 350 Green Street, North Andover, MA requesting a Variance from Section 7, Paragraph 7.3 of Table 2, for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment building within the 1-S zoning district. The following members were present: Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre. Upon a motion made by Walter F. Soule and 2'j by Scott Karpinski to. GRANT a dimensional Variance for relief of front setback of 7.4', a Southeast side setback of 7.6', and a driveway width of 3' and Floor Area Ratio- of 0.11:1, and for a landscape buffer, and that parking will be allowed on the Green Street right of way. All as per the Plan of Land by Christiansen & Sergi, 160 Summer Street, Haverhill, MA PLS, #23895, dated November 10, 2000 and rev: December 15, 2000. Voting in favor: WFS/JP/RF/SK/EM. The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. ILI Town of North And Board of Appeals, Raymond Vivenzio, acting Chairs' t - E-%SE,X NORTH REGISTRY OF DEFDS - A. Tt?iJ� COPY: ArTTE : OMAR � �V(1/Decisions2001/ 7 2002 0 sl�..,... .. !uc; .•�i.� .�:�_..��i I;I.If I'(�.�. ... !': 'iSX., L! :ir: , n{ BOARD OF APPEALS REGISTI R SSI. OE.EIJ �� H� 07 eANp Zoning Bylaw Review Form R Town Of North Andover Building Department 27 Charles St. North Andover MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 'S 50 zt gt'2c� 'Ma /Lot: h? —1 f r6 o Applicant: 9-1eS :oh-u..T�sicz .. Request: EL �7c?z bd� ou s i ►� Cr =-g s�''rz Date: ac� 5 M] urease De aavisea mat atter review of yoor'Application and Plans your Application is APPROVED %DENIED for the following Zoning Bylaw reasons: Zoning. - . Remedy for the ahnva is rharkad hsainw Item # Special Permits Planning Board Item Notes Site Plan Review Special Permit Item Notes A Lot Area Parking Variance F Frontage Lot Area Variance 1 Lot area Insufficient Height Variance 1 .. Frontage Insufficient Variance for Sign 2 Lot Area Preexisting Special Permits Zoning Board 2 Frontage Complies E5 3 Lot Area Complies. i ; . C!t-) 3 Preexisting frontage Special Permit for Sign 4 Insufficient Information Other- L,^ N w nr -4 1 Insufficient Information Supply Additional Information B Use firer w�t'�l't V�►,trr�,�+ 5 No access over Frontage r -tea Rpr;'o ✓�m�' ,.. 1 ., Allowed YC- C,G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies c 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information : .P C Setback H, Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient - 2 Complies 3 Left Side Insufficient Cns 3 Preexisting Height 4 Right Side Insufficient No 4 Insufficient Information 5 Rear Insufficient Ko I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies �5 D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information .eta E Historic District K Parking 1 In District review required v 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information Remedy for the ahnva is rharkad hsainw Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Planned Development District Special Permit Earth Removal Special Permit ZBA Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit c S Other- L,^ N w nr Watershed Special Permit Supply Additional Information K--4" firer w�t'�l't V�►,trr�,�+ =-3' r -tea Rpr;'o ✓�m�' ,.. The above review and attached explanation of such is based on the plans, request for or information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for this action. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. 00/ Building Department Official Signature Application Received Application Denied Denial Sent'. %-)Cc • �$ , If Faxed Phone Number/Date Plan Review Narrative The following narrative is provided to further explain the reasons for the action on the property indicated on the reverse side: Rfi F p ISFfS \52� (3�'� �ff� � ,,�, %Y'��tft��r' y.1 �..., xrh<'� 3 x a � 1���Y■Y■. v�jjy� � � Z r" � wy�.• � S'f ''" \Wrc'i+ af�g}, ,}qz �.5 8'rc. f2"3J ^�s"L X'9 5 �'� f 1 f`!�. W.. Y� 5 'a'wi; �F: C i'' R -.� '�{'�x . 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