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HomeMy WebLinkAboutMiscellaneous - 351 WILLOW STREET 4/30/2018J �. asp o lbeft bas "Saft owl "kk-`.w..I DooWn w f _ wrrw i 3 s / �" /o L✓ �- 0 0 L� - OD 5 � , -5) , EX 4 —� umbg in. U%w p Ito aw a art Chas No.: an Date -2 -/42 NORTH TOWN OF NORTH ANDOVER 0 I.- BUILDING DEPARTMENT Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee l41 $:7q,--9-- S-7 M7 I �05 t -7f -9-,IdidgjdapSaor 77, 6A e . a ZBA B 5 Date .2.-10......n.��..... TOWN OF NORTH ANDOVER RECEIPT This certifies that.r.....,.... t.e.!! dJ has paid .�.!.00......G.�,......j"....... ..................... 1 —1 for .�t .Y.9.C<�. �.1..� ...........�.1......�t:✓., • �.��:-�/..... �?.;?:.. {......��.. �� ' .( Receivedby .... E..!.''..t.l?Y1................................................... Department............. ................................................................. WHITE: Applicant CANARY: Department PINK: Treasurer 0 0 0 cn N �a Oeve-, Teas �174---6 1�`7— � �, °71—i47- i47- 3 �0 Ul td x � � z � s o N W O Ul Town of North Andover ;i. Office of the Zoning Board of Appeals Cnity Development and Services Division 27 Charles Street :forth Andover, Massachusetts 01845 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. Telephone (978) 688-9541 Fax (978) 688-9542 Notice of Decision Year 2004 Property at: 351 Willow Street South Extension NAME: Muffin Realty Trust HEARING: April 13, 2004 ADDRESS: 351 Willow Street South Extension PETITION: 2004-004 North Andover, MA 01845 TYPING DATE: April 14, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 13, 2004, at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Muffin Realty Trust, 351 Willow Street South Extension, requesting a Variance from Section 8, Paragraph 8.1 of the Zoning Bylaw in order to allow less off-street parking. The said premise affected is property with frontage on the West side of Willow Street South Extension within the Industrial 1 (I-1) zoning district. The legal notices were published in the Eagle Tribune on March 29 & April 5, 2004. The following members were present: Walter F. Soule, Ellen P. McIntyre, Joe E. Smith, and Richard J. Byers. Upon a motion by Richard J. Byers and 2nd by Ellen P. McIntyre, the Board voted to GRANT the applicant's letter requesting that the petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: Walter F. Soule, Ellen P. McIntyre, Joe E. Smith, and Richard J. Byers. Town of North Andover Board of Appeals, Walter F. Soule, Vice Chairman Decision2004-004. M25P76. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 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 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 13'' of April, 2004 at 7:30 PM to all parties interested in the appeal of Muffin Realty Trust, 351 Willow Street South Extension, requesting a Variance from Section 8, Paragraph 8.1 of the Zoning Bylaw in order to allow less off-street parking. The said premise affected is property with frontage on the West side of Willow. Street South Extension within the Industrial 1 (I-1) 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 March 29 & April 5, 2004. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Legalnotice 2004-004.-Ua o �� W_U�Ja j= i�.-�JP.o�000m�rsN-w='a'»c 5_g^z� r -/RSI:; �'.c:�m�m�m��0M L, 7 �aFN yrp0IDL.O 5.�y<mia' 1�a C t 3a� fn " m wo° mVu- 3T °m sa (D crop •�N>=-090 7 — NW�.nm kS ta�3 3�WyO. F- (Doc-0 �/)19cD-.�°ma (� e� y CSI i J 'W. m�p �Fomaa Dw Dm S'.(D < m �m c ° c°v o Cr any ° ID t� o c, �z�° 1. Z, 0 Y�sZ�.° o,���°�� tn��3t�n�oa���'m�a� a cy�;;3 n—I0Z°�iv� :m'�,' �(Ncpn°^^(D Oryu�@SCDa NfDO.•C? A r -(D �N97'A�1.�.y. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 FROM NEVE-MORIN GROUP (MON)APR 12 2004 14:07/ST.14:06/No:6802445321 P 3 Town of North Andover y Office of the Zoning Board of Appeals Community Development and Services Division 2: Charpy Strom ' ti �...,...�•.+ North Alldovt-r, as—.i0mWIN 1711+15 U. Robert Nk,�rta 'r0cplwuc (9711) 683-9541 ihplriin� l'ainnri.r..inrrrr Fax (H?X)6a.9S43 Date 4/12/04 Tv: Town of North Andover ate _ ! Zoning Board of Appeals To • � v6 � f � 27 Charles Strtet Co./Dept. North Andover MA 01845 Phone # Phone # -.o Fax # Please be advised that I wish to withdraw my � aztana7DD Spec ct�t Permit Comprehensive Permit (40B) °O Finding rn petition without prejudice from the North Andover Zoning Board of Appeals agenda for property located at: STREET: 351 Willow Street South Extension _ MAY: 25 _ PARCEL: 76 , TQWN. North Andover N.AMEOFPET1TIONFR:_MuffinRl�eaIty Trust c/o Robert Ogan . Signed: *4Ae _ PetitiOri~:t,(or puitioaer's represcntntivej, _ • ��� :1.,.a ;1, * yryw ECEHNO APR 1 2 2004 BOARD OF APPEALS - ..- .. •.�-....,�e�u.nc..< r..n.�..a..iun )7k•i,kk•73311 16'atth Y�Jt-irks-9S�t! 1"�:.Mwry'i-, `J •i Y�.4�.t! Post -it® Fax Note 7671D ate _ ! # oof h, To • � v6 � f � From Co./Dept. Co. Phone # Phone # ,"'ax* - 17 lI --/6 4 7 _ .qLJ Fax # C-. —{� CD c-) r mm Co Do-rn 2:r -D< o MoM �cno M > 70 FROM NEVE-MORIN GROUP (MON)APR 12 2004 14:07/ST.14:06/No.6802445321 P 2 k The Neve -Morin Group, Inc. April 9, 2004 Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 351 Willow Street South Variance Application Dear Board Members: On February 10, 2004 we submitted an application to your Board for certain Zoning Bylaw relief. Since that time our clients have re -thought their design, and at this time they would like to withdraw their application, without prejudice. They do intend to resubmit a similar project in the near future, but feel any time spent with the Zoning Board now would be a waste of resources. Thank you, in advance, for your cooperation in this matter. Sincerely, THE NEVE-MORIN GROUP, INC. as authorized by Muffin Realty Trust �rna4. Thomas E. Neve, PE, PLS President, CEO TEN/km cc: Robert Ogan, Bake'N Joy Foods, Inc. 1230ZBAvarAoc ENGINEERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LAND USE PLANNERS 2 brC a 11� 2 L5447 Old Boston Road (U.S. Route 1), Topsfield, MA 01983 978-887-8586 FAX 978-887-3480 DE M � U D Providing Professional Services Since 7978 APR 1 2 2004 BOARD OF APPEALS The `a Neve -Morin Group, Inc. 't 7 April 9, 2004 Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 351 Willow Street South Variance Application Dear Board Members: On February 10, 2004 we submitted an application to your Board for certain Zoning Bylaw relief. Since that time our clients have re -thought their design; and at this time they would like to withdraw. their application, without prejudice. They do intend to resubmit a similar project in the near future, but feel any time spent with the Zoning Board now would be a waste of resources. Thank you, in advance, for your cooperation in this matter. Sincerely, THE NEVE-MORIN GROUP, INC. 0111—Is i. Neve, PE, President, CEO TEN/km cc: Robert Ogan, Bake'N Joy Foods, Inc. 1230 ZBAvandoc p�CEdWN ENGINE S • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LAND USE PLANNERS APR 12 2@ Boston Road (U.S. Route 1), Topsfield, MA 01983 978-887-8586 FAX 978-887-3480 BOARD OF APPEALS Providing Professional Services Since 1978 FROM NEVE-MORIN GROUP .(FRI)RPR 9 2004 13:57/ST,13:56/No.6802445309 P 2 The '. 4M Neve -Morin Group, Inc. April 9, 2004 Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 351 Willow Street South Variance Application Dear Board Members: On February 10, 2004 we submitted an application to your Board for certain Zoning Bylaw relief. Since that time our clients have re -thought their design, and at this time they would like to withdraw their application, without prejudice. They do intend to resubmit a similar project in the near future, but feel any time spent with the Zoning Board now would be a waste of resources. Thank you, in advance, for your cooperation in this matter. Sincerely, THE NEVE-MORTN GROUP, TNC. Thomas E. Neve, PE, PLS President, CEO TENAtn cc: Robert Ogan, Bake'N Joy Foods, Inc. 1230—ZD^var.doc ENGINEERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LAND USE PLANNERS �p 447 Old Boston Road M.S. Route 1), Topsfield, MA 01983 978-887-8586 FAX 978-887-3480 D U Providing Professional Services Since 1978 ASR 1 '2 2004 D BOARD OF APPEALS FROM NEVE-MORIN GROUP (FRI)APR 9 2004 13:57/ST,13:56/No,6802445309 P 1 The Neve -Morin Group, Inc. 447 Boston Street Topsfield, MA 01983 (978) 887-8586 (978) 887-3480 Fax facsfty& umstr iffal To: Mich, Zoning Board Fax: 978-688-954& From: Kathy Date: 4/9/04 Re: 351 Willow Street South Ext. Page:: 2 cc: Bob Ogan Mich: Find attached a letter withdrawing our variance application for the above-mferenced job. We are making changes to the plans and do not want to bring anything to the Board until our clients are satisfied. Do you still need us to attend Tuesday nights meeting (4/13)? Please let me know, Kathy pCI��d� ASR 1 2 2004 D BOARD OF APPEALS iiun i n rimiuvr-m J luub 3zj'YL P. S'OW'N OF NORTH ANDOVER VARIANCE STN ZONING BOARD OF APPEALS J-' t ,SSACNU`>E, NAME: Muffin Realty Trust PA ADDRESS OF APPEAL: 351 Willow Street South Ext. PrGcedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty 3(_0) 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 Board of an application as i 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. The petitioner will complete items STEP 1'. ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers 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 ,.orripleted. Stena 3: PLAN PREPARATION__ Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing- The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27 Charles Street, North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-588-9541 Zoning Board of Appeals Office PAGE 1 of 4 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 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 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 receive. 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 Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10' RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office _r _U 351 Willow Street South Ext. North Andover, MA 01845 -rhe petitioner shall 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: Greg Ogan, Gary Ogan & Robert Ogan,;351 Willow St. So. Ext. North Andover, MA 01845 978-683-1414 Years Owned Land: 18 see attached deed) 3, Location of Property: a. Street. 351 Willow St. So. Ex tZoning District I n d u s t r i a l 1 b. Assessors: Map number 2 5 Lot Number: 76 c. Registry of Deeds: Book Number 2226 Page Number: 88 4. Zoning Sections under which the petition for the Variance is made. 'Refer to the Permit penial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request To ask the Zoning Board to grant a variance to allow less off-street parking than required by Section 8.1. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning Bay -Law requirements: Indicate the dimensions that will not meet current Zoning Fay -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' N / A Sq. Ft. Sq, Ft. Coverage Feet Spaces Front Side A Side B Rear A orb B. % „ r UT U I. UOV iium i n niiLuvtK �ltibt121�54� Page 3 of 4 Application for a VAR/ANCii.~ Zoning Board of Appeals 6. b. Existing Lot: Lect Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear N / A c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back • N / A Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back ' N / A Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear P. 5 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building' 85,987 1 85,987 Industrial/manufacturing/warehouse 'Reference Uses from the Zornng By -Law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq, feet Building` 91,060 1 91,060 Industrial/manufacturing/warehouse '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 forth of the Zoning Board of Appeals. Every application shall be filed with the Tovm Clerk's Office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the Town Cie the,Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all eScpenses for f� ” and iega)' notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may esuft in a di issal by the'2oning Boy fd of this appJ*on as incomplete. Type above name (s) here Thomas E. Neve as authorized by Muffin Realty Trust 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: 3( LI -S) .I C Ma /Lot:AML Item Notes pplicant: Lot Area Request: Date: I 1RObG a� 11,........ 1- ..-1 :..J a — _rte.___ F- caac uc auvlacu UIdL aver review or your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Remedy for the above is checked below. Item # Special Permits Planning Board Site Plan Review Special Permit Access other than Frontage Special Permit i-rontage Exception Lot Special Permit Common Driveway Special Permit Congregate Housing Special Permit Continuing Care Retirement Special Permit Independent Elderly Housing Special Permit Large Estate Condo Special Permit Planned Development District Special Permit Planned Fesi ential SPecia' Permit R-6 vei isity Special Permit Item # Variance Setback Variance Parkinq Variance. Lot Area Variance Height Variance Variance for S'= Special Permits Zoning Board Special Permit Non -Conforming Use ZBA Earth Removal Special Permit ZBA Special Permit Use not Listed but Similar aial Permit. for Sign Special permit for preexisting The above review and attached explanation of such is based on the plans and 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 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. You must file a new permit application form and begin the permitting process. 6 'b Vti Building epartment Official Signal.uf� Ap is ion Received A len eed Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 4 Lot Area Complies Insufficient information 3 4 Preexisting frontage Insufficient Information B use 5 No access over Frontage 1 Allowed � G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient ( Building Coverage 6 Preexisting setbacks) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed 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 E Historic District K Parking 1 2 3 In District review required Not in district Insufficient Information 1 v arS 2 3 More Parking Required Parking Complies Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Site Plan Review Special Permit Access other than Frontage Special Permit i-rontage Exception Lot Special Permit Common Driveway Special Permit Congregate Housing Special Permit Continuing Care Retirement Special Permit Independent Elderly Housing Special Permit Large Estate Condo Special Permit Planned Development District Special Permit Planned Fesi ential SPecia' Permit R-6 vei isity Special Permit Item # Variance Setback Variance Parkinq Variance. Lot Area Variance Height Variance Variance for S'= Special Permits Zoning Board Special Permit Non -Conforming Use ZBA Earth Removal Special Permit ZBA Special Permit Use not Listed but Similar aial Permit. for Sign Special permit for preexisting The above review and attached explanation of such is based on the plans and 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 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. You must file a new permit application form and begin the permitting process. 6 'b Vti Building epartment Official Signal.uf� Ap is ion Received A len eed Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Referred To: Fire Other Zoning Board partment of Public Works Historical Commission Building Deoaitment The Neve -Morin Group, Inc. February 6, 2004 Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 351 Willow Street South Variance Application Dear Board Members: r L ' �� ,T ;A1'� R In accordance with Section 9 of the Procedure and Requirements for an Application for a Variance, find herewith supplemental information as required. Also, find enclosed the required application, plans and fees. Muffin Realty Trust occupies a food processing and warehouse facility at 351 Willow Street South doing business as Bake'N Joy Foods. They have occupied this building from its inception since 1986. Since 1986 they appeared before the Zoning Board of Appeals for various additions to their facility and in turn requested and received variances from Section 8.1 paragraph 6 of the Zoning Bylaw which states: "The Board of Appeals may by variance make exceptions to the provisions of this section and, upon a written request of the owner and after a public hearing, authorize the Building Inspector to issue permits for buildings and uses having less off-street parking than specified herein, whenever the Board of Appeals finds that under normal circumstances such lesser off-street parking area would adequately provide for the needs of all persons using such building. Such exceptions may be limited as to time, use or intensity of use ". Their current proposal is to square off the front portion of the existing building and modify the usages within the building to adapt to the current requirements of their business. They propose to add 4,700sf of building which they would like to use as a warehouse expansion. They propose to increase their manufacturing usage by 4,433sf, they propose to increase the warehouse space by 3,743sf and reduce the office area by 3,103sf. They currently have 62 parking spaces striped on the ground within the developed lot. They will not be adding any more employees and, in fact, will be relocating office staff to another building and only retaining a skeleton office crew. Please note that their office space has been reduced by 66%. The variance asks the Board to make a finding that the current parking at the facility is adequate for the proposed use. We suggest that the elimination of 66% of the office space is ample compensation for the additional warehouse and manufacturing space. ENGINEERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LAND USE PLANNERS 447 Old Boston Road (U.S. Route 1), Topsfield, MA 01983 978-887-8586 FAX 978-887-3480 Providing Professional Services Since 1978 Zoning Board of Appeals February 6, 2004 Page 2 The ownership of Muffin Realty Trust represents to the Zoning Board of Appeals that there has always been sufficient parking and with the modified floor plan the parking requirements will be less than what is provided. Therefore, we are asking the Board to grant a variance allowing for the building expansion, including the modification of uses and allow 62 total parking spaces to be provided for the proposed use. Please note that our plan also complies with Section 10.A. "Major Projects" as identified in your Procedure & Requirements for an Application fora Variance. We look forward to meeting with the Board; kindly notify our office of the meeting date and time. If you should have any questions regarding this please do not hesitate to contact our office. Sincerely, THE NEVE-MORIN GROUP, INC. Thomas E. Neve, PE, PLS President, CEO TEN/km Enclosures cc: Robert Ogan 1230_ZBAvar.doc •.+. a-.. �. -. av yr yo�vvv�a�i� UAl1G 11 JVI WjUV[ Muffin Realty Trust 351 Willow Street South North Andover, MA 01845 January 14, 2004 Zoning Board of Appeals Town of North Andover Town Hall North Andover, MA 01845 To Whom It May Concern. Please accept the lenei as authorization for Thomas E_ Ncvc to sign the accompanying variance application half of Muffin Realty Tract. very toas, Robert M. OgC� Trustee Muffm Realty Trust X1 1 M II A"AhA 1 •dA PRA I ROBERT E. WEBSTER and BENJAMIN q- OSGOOD, TRUSTEES OF 114 ASSOCIATI REALTY. TRUST under Declaration Of Trust dated 12/10/81, and record4 with Eaeex.North Distritt Registry of Deeds, Book 1551, Page of North Andover, Essex _ County, Ma4whuetta, In eonsiderstlon of --- Six Hundred Twenty Thoueand ($620,000.00) Dollars and 00/100 ----- ppid in full greet to GERALD S. OOAN, GARY M. OGAN, and ROBERT M..00AN, TRUSTEES OF MUFFIN REALTY TRUST, under Declaration of Trust dated HArcih 28, 1985 and recorded with Essex North District Rej)letry of, Deeds., Book 1945, Page 303 of Willow Street, North Andover, with *dt(laiia teareanu* �Ntd�iiit A oertai.n .piroel 4f .lamnd situ`tt,ted mostly in North Andover and party 1n A.ndover; 101%eX .Cou,pGy, Mai ')a husetts, `shown as Parcel "A". on ,plan.of land entitled, "Plan of Land in North Andover, Mass. and.Andover, Mies. showing lot line changes - prepared for the. .Bayfleld.,Campany,w which. plan is recorded with the Essex North Dia, riot Registry,.of Deedp as Plan No. 10147, which said Paraei ^A" is bounded and described ati rollawe: NORTHEASTERLY by the Willow Strest Extension in three courses, eighty-nine and, 73/160 (89.73) feet, thirty- -i -and 29/100 (36.29) feet; and thirty-one and 48/100 (31.48) feet; SOUTHEASTERLY try the Willow, street Extension fifty and .00/100 (50.00) feet; NORTHEASTERLY by the Willow Street Extenaton one hundred eighty-five and 25%100 (185.25) feet; NORTHEASTERLY by Parcel "B" three hundred seventy-eight and 03/100 (378.03) feet; SOUTHERLY by Parcel "B" six hundred forty-five and.00/100 (645.00) feet; SOUTHWESTERLY by land now or formerly. Truatees of the Reservatioh twenty-six and mo/10 0(26.00) feet; SOUTHWESTERLY b.y Parcel ".C° 1'n two.,00drses, sixty=eight and 73/106-(68.73)feet and ninaty-nine and 27/100 (99.27) feet; SOUTHWESTERLY. by land now or formerly Phillips Aoademy ninety..five.and 82/100 (95.82.) feet; SOUTHEASTERLY by land now or formerly Phillipa Aoademy fifty-seven and 73/100 (5T.73) feet; NORTHWESTERLY by Andover By-pass two hundred eighty -your and 95/100 (264,95) feet; and NORTHWESTERLY by Lot 5 in two oouraea, four hundred seventy-nine and 68/200.(479.68) feet and eighty-three•and 52/100 (83.52). feet. 'C BK2226 All as shown on aa.l,d plan and containing 8i6. acre a according to said plan, Said Parcel "A" is conveyed subject to: two 201w Ide.dra In ea3amanta;, a turnar�,;;;6nd e'a'sement; an iseceas easement to Parcel a 20' wide utility ,easement along the easterly boundary;—and, t -west corner; al.1 as Shown a 2 wide utility ..easement at he.3cUth on said plan. Said Parcel "A" is also -conveyed subject to an easement.' for landscaping for the benefit of the owners of Lot 5 in and over the northerly most triangle of Parcel "'A" adjacent to Willow, Street.Extenalon. See dead recorded In said Registry in Book. 1900,' Page 215. There is also conveyed herewith the right to use said willow Street, and thewillow Street Extension and Any future ways.,which may be constru"cted by . the ... grassiors or tHeir successors In title in the land shown on said plan, in common with all. OthiDI`3 legally entitled thereto for su.ch purpos" as ways are commonly used in the Town of North Andoveri reserving however, the fee in said Willow Str.tet' Extension for the. purpose of conveyance to the Town of North Andover for acceptance &a a p4blic, way. For -our title see Deed or lrving,E. Gennet, Trustee in Bankruptcy of Vincent J.. Marino and Carmel& R. Marino dated July 1, 1982, and recorded with said Registry Book 1590, P490,318, and Dead of Lynne W. Trombly, Trustee of Businesa;Park Realty Trust, recorded herewith. The aforesaid land is conveyed subject also.to the followings Revised Order of ConditiQne recorded in oald Registry in book 1736, Page r34, QrAqr of Conditions recorded in said Registry hanrAth i easements recorded in said;Registry in.Book 1770, Page Book_ 1816,, PSVJS ,Page- 67#and- 19485 -s' -Page 69. . 1. 0 w IAIA 1 7 r onn7 -n(,-,)AnI . nCve Y�L/ �l'QIDiIUpOD10C�t0�St�C�tS EeeeX, ee• June 25, 10 86 Then peraonallyappeared.theehovenamed Benjamin C. Osgood and Robert E. Webster, Trustees of 114 Associates !fealty Trust, and eoki dwIedged the foreffoing instrument to be their free t id des Before �. ' ' Hes w �•++••�F�►.��:w► Andrev A. Caffrey, Jr. AZy oommieao� sxpirear 06%27 91 SO COMMCIN E OF MASSACHUSM, L� ieut�e = 9 0 0 z '^ COPA �Mj2. OF MAISACHUSEli , _Q�� tilt -513:60 -POM HOPTH ANDOVEP ASSESSORS OFFICE FAX' NO. : 973 633 3211 Jan. 06 2004 11:34AM P12 Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town -of North Andover Abutters Listina MQU/REMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or pdverte way, and abutters to abartam within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable talc list. not withstanding 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," Sub/ectProverty- MAP PARCEL Name Address 25 76 Muffin Realty Trust 351 Willow Street No Andover, MA 01845 Abutters Properties 355 Middlesex Road Mia Parcel�,l Name 25 27 4,a�V�A /Executive Center 89 Willow Street No Andover, MA 01845 0/0 Channel Bldg Co. 25 28 vBayfeld Associates 25 70 \/Atlee of Delaware 25 74 t/Eastcon Realty Trust 25 75 \.,,itVSF Realty Trust 25 78 Bianchi Realty Trust 25 83 L-i�upp Realty Trust 25 84 Business Park Realty do Channel Bldg Co. 25 85 t,,,'United Realty Trust 25 119 A�United Realty Trust Address 355 Middlesex Road Wilmington, MA 01887 300 Willow Street No Andover, MA 01845 40 Bayfield Drive No Andover, MA 01845 89 Willow Street No Andover, MA 01845 355 Willow Street No Andover, MA 01845 PO Box 1599 Manchester B -T -Sea, MA 01944 160 Flagship Drive No Andover, MA 01845 11 Bayfield Drive No Andover, MA 01845 350 Willow Street No Andover, MA 01845 7 Danbury Road Nashua, NH 03060 400 Willow Street No Andover, MA 01845 355 Middlesex Road No Andover, MA 01845 165 Flagship Drive No Andover, MA 01845 165 Flagship Drive No Andover, MA 01845 r Date / �� /o 1ed DeE2 r �' I �� Page / of Board 49se r h Andover ~�/x" Sun»othre�m z*n:��� | Use template for 51620 ' | LUC: 101 LUC: 132 / MCCARRDN.TIMOTHY J/KATHLEEN PFINN \ PHILLIPS ACADEMY TRUSTEES OF 14KATHLEEN DR / MAIN ST ^^ ANDOVER MA 01810 ANDOVER MA 01810 | � �Parcel ID 5 0 12'' | | LUC:_L0 L' / LUC:-_132_ i KATZ ROBERTA/PHYLLSyN�4TZTE BUSINESS PARK REALTY TR/ROBERT JPALUK88OTR � / 18KATHLEEN DR 355MIDDLESEX AVE ^� / i ANDOVER MA 01810 ° |/ / WILMINGTON MA 01887-2158 ~^ � ! | -----___-____�-__-_-_____--_-�-__'_ ' / / � |/ | | ! LEVV|N.ROBERT D/DONNA K8LEVV|NTE |) | 18KATHLEEN DR / /| ' | | ANDOVER MA 01810 | ( � � / LUC:_--�1_ � | / ! ~'~~'^PHILIP^~'STACK 'E^"'EE`"" | i . 2uKATHLEEN um � | *muuvEu M* 01810 --- � � | ( - - | ----- -' -- ------------ - -- - � - � i l� ��--1l1�|' � CARON. STEVEN G/EVELYN LCARONTE | / 22KATHLEEN DR | / | ANDOVER MA 01810 ! || � | ! LUC:1l1_ / � } �AROCCOL�URENCE/ UO / ' ="'`"�^"'""°� | i 26 KATHLEEN DR | ~� ANDOVER MA 01810 | / � || ' --'- -' -- ---- ---------------- - | i / � BAKULS0.RICHARD S/OOROTHEAABAKULS0JT { 2QKATHLEEN DR ANDOVER MA 01810 | || | ( |/ / ( � / | Town Offices 36 Bartlet Street Andover, MA 01810 (978) 623-8200 TOWN OF ANDOVER MASSACHUSETTS BOARD OF ASSESSORS CERTIFICATION OF ABUTTERS PETITION # /ale. Ve.- i'h o�,.-) �,' ry 4%al-Tnc. I hereby certify the attached list of abutters as they currently appear on the Assessors' Office records. Susan E. Moore SeVor Assessor 1 3 0 2004 11"irl U/ U"t U 1 : UJP I'IUK I H HrILUvLK PAGE 4 OF 4 9, WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail ail facts relied upon. When requesting a variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. Each point, A -F individually, is required to be addressed with this application. A. The particular use proposed for the land or structure. B. 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. C. 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. 1). Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. 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 Ordinance. F. 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. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: 1) five or more parking spaces, 11) three (3) or more dwelling units, 111) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. S766889542 P.6 VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' 11) One (1) Mylar. 111) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: p Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. H) 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 and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► No. A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. A 9 R k PH IL_, ;��-,-'= moi: _ £ F ° ._: •_ _,_ .. `�1' �` . � � �---------_===- --= =�= - '� 1, . cici err r� t z -'c 'so� ` • ; % � ; / , I � }� NO 10 p93�� •> k 8R I , n �so�i3 ti> s ; I L' • 3 f 1 b d�.►s'� i •i •'\ i 1 O {i t Itsk e ) t4 4• � f � j � � � � *aivi z m S ' .�► _ 7�'C tp L y � L � � I 1 •Q irk � .!, -�-•.•�-Y-. - _-_-_-_ � � 7 © SL ip a Q � t � � ; L a ' .vb • � �. r n r £ 3 I I � e Q �� - � as _-_- ___. 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(978)) 8 887-8 87-85866 PAY Fifty & 00/100 ----------------------- TO Town of North Andover 14652 THE FIRST NATIONAL BANK OF IPSWICH 53-471-113 CHECK DATE 1/13/04 ---------------------------------doll ars AMOUNT $50.00 n m mgC�NIP a 1100 146 5 2o i:011301,?111: LOS S439I'll 12 THOMAS E. NEVE ASSOCIATES, INC. 14652 Bake'N Joy 1.230 — ZBA Variance app. fee $50.00 "i�1DELUXE BUSINESS FORMS 1+800328-0304 —del—f.,--. 447 OLD BOSTON ROAD TOPTHOMAS E NEVE (978) 8 7-8 6 01983 ASSO,CUTES'! INC. �s7a> aa7 858s PAY Seventy-nine & 56/100 ----------- TO Town of North Andover - #022-1760-4841 THE FIRST NATIONAL BANK OF IPSWICH 53-471-113 CHECK DATE 1/16/04 -------------------------------dollars AMOUNT $79.56 14657 r -- - - ----_�__--------- ^� 11104657110 1:0LL3047L0: LOSS439L11'L2 THOMAS E. NEVE ASSOCIATES, INC. 14657 Bake'N Joy 1230 — ZBA Variance (abutter notification fee) $79.56 DELUXE BUSINESS FORMS 1+800-328-0304 x .deluxeformsxom