HomeMy WebLinkAboutMiscellaneous - 400 OSGOOD STREET 4/30/2018 (3) N O o O g o 0 20 0 6 c oM C:, m Cp��[y,Rn�f'yr,w t Y , G O Qs -f A --F- Q m O ❑Var M/sp Q Finding 13 40 8 Application}ileo a: Roaring due ow --- 1 ftkion due on: OD C. � 6 - 03 � In'en'pt�te NAZBA Application Form tate: Time: Missing: No.: / Date - f NORTH� TOWN OF NORTH ANDOVER . o ° ; p BUILDING DEPARTMENT r•° Building/Frame Permit Fee $ SS�CHUs� YG P r t Foundation Permit Fee $ ) f M e Other Permit Fee I 3 ,oti,#,,5 4w &5wd Build ing-tnspY(toy ZBA 3 u U Date .. °F poarH,� ° TOWN OF NORTH ANDOVER O � 9 t vlc:' • RECEIPT ,SSgCHUS�t This certifies ........................... has paid. ... .a.!...4� ........ ........... for.aOO& 035.. ....... Received by... !�'. /. !Yx ..................................................... Department........l-n-.6-A................................................................. WHITE: Applicant CANARY:Department PINK:Treasurer I rnoV\ CYC, -11'l I 404 Osgood Street North Andover, Massachusetts 01845 Bill Bannister 978-683-8907 I J f �10RT►� Town Qerk Time Stamp o - ,. hwC.f~IVED '- TO'N1' C,.Fs . OFFICE �►se ''� � �OQ6 OEC .��•� 26 PH 2: 29 �ssAcHust`� ZONING BOARD OF APPEALS NORTH Community Development Division Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 20% of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, 17 Property at: 400 Osgood Street NAME: Bryan Brazr'11,190 Chickering Road, HEARING(S): December 12,2006 #106D,North Andover,MA ADDRESS: for premises at:400 Osgood Street PETITION: 2006-039 North Andover,MA 01845 TYPING DATE: December 15,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting roomy 120 Main Street,North Andover,MA on Tuesday,December 12,2006 at 7:30 PM upon the application of Bryan Brazi11,190 Chickering Road,#106D,North Andover,MA for premises at:400 Osgood Street(Map 94,Parcel 1),North Andover requesting a Special Permit from Section 4,Paragraph 4.122.9.b in order to establish a private for profit educational facility for one-on-one lacrosse training within an existing structure. Said premise affected is property with frontage on the West side of Osgood Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list deemed by the Assessor's Office of North Andover to be affected,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on November 27 dt December 4,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,Iq and David R.Webster. The following non voting members were present: Thomas D. Ippolito,Richard M.Vaillancow t,and Daniel S.Braese. Upon a mention by Richard M.Vaillancorut and 2°d with amendment by Albert P.Manzi,III,the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.122.9 of the Zoning Bylaw in order to allow the lacrosse private for profit educational facility for one-on-oce training within the"Tenant 2"area per. Site: 400 Osgood Street Oft 94Parcel 1),North Andover,MA 10845 Site Plan Title: Non-Residential Site Plan prepared for 400 Osgood Street Nominee Trust, William F. Bannister,Trustee dt Padang Layout Plan prepared for:400 Osgood Street,Lot 94-1— North Andover,Massachusetts,Owner:400 Osgood Street Nominee Trost,c o William Bannister,380 Winter Street,North Andover,MA 01845-140 Vol. 5131:Pg. 214(July 30, 1998 Date(dt Revised September 1999,rev. 11/11/98, 12/30/98, 10/16/00 Dates): Registered David C.Liukkonen,R.P.E.#29381,KNA Keach-Nordstrom Associates,Inc., Professional 10 Commerce Park North,Suite 3B,Bedford,NH 03110 Engirleer Shcdffimwing 1 Dqwi iing no.M-1261-L, Sheet 1 of 1 dt proiect No. 98-0811-1, Sheet 1 of 1 Page 1 of 2 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com S �10RT1r Town Clerk Time Stamp ao , ni C�IVED # TOS=;, -r.f;K S O, r ICE °`' 2006 DEC 20 PM 2= 29 roo �•�ssAcrws TJ10 ZONING BOARD OF APPEALS NOR T f AMND'U - Community Development Division MASSACF41-�i i _r Building Plan Bannister Building Tenant#2,North Andover,MA,Floor Plan Title By: Jensen Stenbak Anchitwfim,h teaiorsts,Project Management,4 Auburn Road, Londonderry,New Hampshire 03053 d1:Floor plan Proposed Renovation Lot 94-1 Osgood Street,North Andover,MA&Elevations Date: 18 Oct 99,5 Nov 9918 Feb 00 Added Tenant#5 Shed/Dmwin No.:A-101 With the following conditions: 1. Any change is use or in the Tenant#2 kale area,dkA nMol+e the petitioner to ret rra to this Board for review and approval,especially for review and approval of use re:parking r+ remasb at 400 Osgood Street. 2. The owner,400 Osgood Street Nominee Trost,shall provide a list giving the 5 tenant names, the 5 teaant square footage,and the aces of the 5 tenant areas. Voting in favor: Ellen P.McIntyre,Joseph D.LaCk se,Richard J.Byers,Albert P.Manzi,III,and David R. Webster. The Board finds that the applicant has satisfied the provisions of Section 10,Paragraph 10.3 of the zoning WOW and that granting this Special Permit from 4.122.9.b of the North Andover Zoning Bylaw for the one- owane by appointment,only lacrosse training center will riot adversely affect the neighborhood nor will this use be a mrisanoe or serious hazard to vehicles or pedestrians by off-street patlanX The Board finds that the 400 Osgood site is an appropriate location for this use, The Board finds that adequate and appropriate lades will be provided for the proper operation of the private for profit educational facility. The Board finds that this use is in harmony with the general purpose and intent of the Bylaw,and such change,extension or aherMon shall not be substantially more detrimental than the existing sticture to the neighborhood Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuanoo of a building pernut as required by the Building Commies. Fbrthernsore,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 aft notice,and a new hearing. FurtbermoM if a Speciai Permit granted under the provisions eontainW 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-ertablished only aft notice,and a new hearing Town of North Andover Board of Appeals, Ellen P.McIntyre,Chairman Decision 2006-039. M94P1. Page 2 of 2 1600 Osgood Street,North Andover,Massachusetts 01815 Phone 978.688.9511 Fax 978.688.9512 Web www.townofnorthandoyar.com %AORT Of 11 Town Clerk Time Stamp 0 RE C CEIV ED Tn' 0C 11A:. 41 V Ztie 4L 2H6NOV21 AH19: 32 CHU T 0 3 1.41 0 F ZONING BOARD OF APPEALS IN 0 R 71 H A 1,1 D 0'V''- Community Development Division M A S S A 1C'H US i.-T I Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 12�'of December, 2006 at 7:30 PM to all parties interested in the application of Bryan Braziff, 100-Chickering Road, #106D,North Andover,MA for premises at: 400 Osgood Street(Map 94,Parcel 1),North Andover requesting a Special Permit from Section 4,Paragraph 4.122.9.b in order to establish a private for profit educational facility for one-on-one lacrosse training within an existing structure. Said premise affected is property with frontage on the West side of Osgood Street within the R-4 zoning district. Plans are available for review at the office of the Iloard of Appeals office, 1600 Osgood Street,North Andover,MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chairman Published in the Eagle-Tribune on November 27&December 4, 2006. M -3 OHM a�!M�o C1-_ 02 r" �oi @0,4, —=,,,O M O_. rO >CLKCD(D M� aikc�so:-- oug.) pC)�M = ao-aO ,r CD 1,00, :)��0 5.2. Z,>O, Legalnotice 2006-039. i;� mom,:a-3,CLZ-� CD 0 CD 6'O=P�"Tf -Ogtzc 0 cD 0=0�0..w o maa. :pow 0 3 -4 =0 Cr CD 0 > :3 61-D— 96NZ-3�%-- > M94PL N - a.' -N a 0 o co 3113 r Z Z Z $I)(D,,0 ,o =D 3 on :' co 0 D. >C 0 CL M'Z 00 < NID >-,M. D .4.=r < :3 D)a- 0 6j;CL9 3 _0 34 IL 0 Z(D M 0 .=0 Kroto5' 15 Cn ID 00 1)0-00 W'.' 0 K CY)=;'Z10=' @=r 0 0,0 5T cc 4*:E a CD Ej*Z 0 >MM 3 -n<0 SD Q rr 0 5 = Q. -0(Do Cr 0 Q-01. 0- 6�:" 0 =9 V 5%'W:-PLX- , 'A C)MZ'=ao�a='< Im 071D !E�!=r . (33 0 0 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com A0 _� f NORTH 1 Town(lerk Time Stamp v Psi 1.39 `.3 1-.56 �� Q teao -71-29-2I.1O-'1 a 1256t::3, �? •�`r- �''• I;-CCIVED 1 4. �' •� " 2006 DEC 26 This is to certify that twenty(20)days �'� °�*•�"����°' have elapsed from date of decision,filed SSA HU`�� without filing of I appeal. T_J f Date1AJVVAiW /#, aa)7 NORTH i� Joyce A.Bradshaw ZONING BOARD OF APPEALS NORT,4�`�IJ,,;_ ; 'town Clork Community Development Division ATTEST: A True Copy Any appeal shall be filed within Notice of Decision ,-'I a�aad�. (20)days after the date of filing Year 2006 971- of this notice in the office of the Town Clerk Town Clerk,per Mass.Gen.L.ch. 40A, 17 Property at: 400 Osgood Street NAME: Bryan Brazr'll,190 Chickering Road, HEARING(S): December 12,2006 #106D,North Andover,MA ADDRESS: for premises at:400 Osgood Street PETMON: 2006-039 North Andover,MA 01845 TYPING DATE: December 15,2006 The North Andover Board of Appeals held a public hearing at its-regular meeting in the Town Hall tap floor meeting room, 120 Main Street,North Andover,MA on Tuesday,December 12,2006 at 7:30 PM upon the application of Bryan Brazill,190 Chickering Road,#106D,North Andover,MA for premises at:400 Osgood Street(Map 94,Parcel 1),North Andover requesting a Special Permit from Section 4,Paragraph 4.122.9.b in order to establish a private for profit educational facility for one-on-one lacrosse training within an existing structure. Said premise affected is property with frontage on the West side of Osgood Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list deemed by the Assessor's Office of North Andover to be affected,and were published in the Eagle-Tribune,a newspaper of general circulation.in the Town of North Andover,on November 27&December 4,2006. The following voting members were present: Ellen P:McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and David R. Webster. The following non-voting members were present: Thomas D. Ippolit%Richard M Vaillancourt,and Daniel S.Braese. Upon a motion by Richard M Vaillancourt and 2W with amendment by Albert P.Manzi,III,the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.122.9 of the Zoning Bylaw in order to allow the lacrosse private for profit educational facility for one-on-one training within the"Tenant 2"area per- Site: erSite: 400 Osgood Street 0.4ap 94Parcel 1),North Andover,MA 10845 Site Plan Title: Non-Residential Site Plan prepared for 400 Osgood Street Nominee Trust,William F. Bannister,Trustee&Parking Layout Plan prepared for:400 Osgood Street,Lot 94-1— North Andover,Massachusetts,Owner.400 Osgood Street Nominee Trust,clo William Bannister,380 Winter Street,North Andover,MA 01845-140 Vol. 5131:Pg. 214(July 30, 1998 Date(&Revised September 1999,rev. 11/11/98, 12/30/98, 10/16/00 Dates): Registered David C.Liukkonen,R.P.E.#29381,KNA Keach-Nordstrom Associates,Inc., Professional 10 Commerce Park North,Suite 3B,Bedford,NH 03110 Engineer Sheet/Drawin Drawin no.M-1261-L,Sheet 1 of I&Project No. 98-0811-1, Sheet 1 of 1 Page 1 of 2 JAN 1600 Osgood Street,North Andover,Massachusetts 01845 BOARD OF APPEALS Phone 978.688.9541 fax 978.688.9542 Web www.lownofnorthandover.com NORTH Town Clerk Time Stamp �r ��+ ' '• ��rx TO1EC I S D FlirF tt 2006 DEC 26 PM 2: 29 �►�ss�cF+u5 t ,!r� ZONING BOARD OF APPEALS CdO THDl, Community Development Division MASSACHU';i_I Building Plan Bannister Building Tenant#2,North Andover,MA,Floor Plan Title By: Jensen Stenbak Architecture,Interiors,Project Management,4 Auburn Road, Londonderry,New Hampshire 03053 tit Floor Plan Proposed Renovation Lot 94-1 Osgood Street,North Andover,MA 8i:Elevations Date: 8 Oct 99,5 Nov 9918 Feb 00 Added Tenant#5 Sheet/Drawing: I Drawing No.:A-101 With the following conditions: 1. Any change in use or in the Tenant#2 kale ares,shall require the petbitioner to return to this Board for review and approval;especially for review and approval of use re:parking "U"%meats at 400 Osgood Strc . 2. The owner,400 Osgood Street Nominee Trust,shall provide a list giving the 5 tenant names, the 5 tenant square footage,and the uses of the 5 tenant areas. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David R. Webster. The Board finds that the applicant has satisfied the provisions of Section 10,Paragraph 10.3 of the zoning bylaw and that granting this Special Permit from 4.122.9.b of the North Andover Zoning Bylaw for the one- on-one by appointment,only lacrosse training center will not adversely affect the neighborhood not will this use be a nuisance or serious hazard to vehicles or pedestrians by off-stred parking. The Board finds that the 400 Osgood site is an appropriate location for this use. The Board finds that adequate and appropriate Facilities will be provided for the proper operation of the private for profit educational facility. The Board, finds that this use is in harmony with the general purpose and intent of the Bylaw,and such change,extension or alteration shall not be substantially more detrimental than the eadsting structure to the neighborhood. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,.and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commisdaner. 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 nodoe,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be doomed 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. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chairman Decision 2006-039. M94PL Page 2 of 2 1600 Osgood Street,North Andover,Massachusetts 01815 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandaver.com h 9 9 iJ 1 ' j �ac�sll:lrt m 1 I � trnslufm:rra� �ra-�AesY�•r . I I Iar�rrll•\ i s.n+�rrr t 1 I I i 11 tira M , [ 1 • •�I. f i � �111�GL� ` •Y•1Iw! % iN1111 rr � ; �' wr•rl•i• � ; IM YM•._ ///�■ --raw.!! wsr ' 1 11 � � alaeY•+w : c••atio�lw�rlfy�� �'E'Y'f'L•� - •� - a�>�I.11 L-�_� _��- I�� � - +! ���-���Tr/A•!!-�� CS�1Q�'�.YZ.�2iCR•l ••I•IVM1.I.. I I 1 1 ` I W • •1�I1. Wt—���_ •Iw�liir.. M� � wu•w. W\� • f � I i = •` Rw7f+Rp ' I •I1w11• Vt► r+.r �p Yw• �. 1 I I ( I WY.. Vll• K i I I 1 fi 41 � 1 ✓ Hwy f I 1 i �\ � '/ , i Iw�•csr�w.Y.r,v••wc.s•n.r Ai��a�nawY ►Alu�.owrLw��• o�n.ew � 1 a Ir►ar•.RNruY.YrAwAY aAiK 10011��� .+.r....OIMYCA41�LIw.Y.Y1�{ afr•.f•-r- � •IA•Wl4�! L Yfw1•ww�YA 400 OSGOOD STREET r TENANT OCCUPANCY SCHEDULE _ TENANT USE SO.. FT. TENANT # 1 Osgood Street LP W/H storage 6,649 �- 2006 1 2 Home Grown Lacrosse Lacrosse training 9,216 J. 3 Arco Excavators Storage 1,160 ;. 4 Puckmasters Hockey training 4,792 i 5 One to One Strength Physical training , Y g 6,203 i i-3 Tl-girl!_CODPY: f P 3 I: REGISTER OF DEEDS 12/22/2006 16:28 9786888476 HEALTH PAGE 03/03 t KORttir,� town Oak rims qmv F � ZONING BOARD OF APPEALS Community Development Division TWkft Pbn Ham BadTenm#,NaW Anawcr,MA,Float Plan itle BY* lenses 3 jft#pM P11*4 MMftMM—M 4 Auburn Raad, �.Neu►Haaguhine 03053&Flom Plantpposod Rcaovatioa air em North Andover,MA dt Blebations batt 8 Oct 99 S Nov 991$1 00 Added Tcnstrt#5 S�/Dt>1Ri Pro.:Ar101 V,Idh the following coetditions: L Any cbmV itis vAc ar iN the Testaot 02 le sse uta,tibaq reo. iftepeMonertereftrate tura Hoard fir>—fuce and gpeeiany for r+tvdew and gyral of otic W parking NeqNhemmemb st 400 t)sgtioi 5troe� Z. The owner,480 Street*0120e TM54 sly Provide a lbi*bW the S tenant=aim the S t+eaaat ti0aare fotita�atiM Circ w�of tbti:S tplgibt ossa. Voting m taws- Mks P.Mdlalyre,Joseph D.LaGtassc,Richard J.Byers•Albert P.M31,,III,and David R Webster. bl yUbwB�*us*War the ba wed the Provisions of Section 10,pat 10.3 of the zon* 01 ftby 9*SP 1 l:Amit Rom 4.122.9.b of the North A�nd� Wit''y laca� M tisi"�will not adversely affm the�spar ail!this ose be ta�anee or serious bazatd to ydatka or"W&gm by off4&M 1 - The Board Stieds Heat We Osgood site a an WropnMe lecoon for this use. The Board finds that"MWft=d 8s d1aton this use Wr the wiPaoP�th of the pt�ivatc for p The Boaud or ai tiba a toot the Heneral propose aad inte�t o(the Bylaw,and 8Wh ch=M e 9 moss MdU1M9 than the c estitt strochue:to the neigbbwhood. Note: 'rbc VINding of the Varese and w S casmee lice gig ofa p�as t�P�ermrt as regpested by the does not �p banding codes and ,p adze . ,and fedcral COUM*dow. pernrit as nqWredbydwftjft if the rights=ftdaed b9 tfie Vzjwe are not mod one 1 ,amd mW be reed oaly ager notice,and a new N�of the dace of the Prstnnt 0"m fits P Corned horn sisall be deemed to have ,if a SP=d Rriod.Gram the date ori Which the Spea d Pt�it was oiler a two(2)year ti shall Ili rue or eo�f nfioa bas lapse and map be mcgW fished 0*after .and a new hearing. Tawe of North Andover Bond of Appeds, Eno P.Masora cludmw Dccisiicn 2006-039. M%pl. Page 2 of 2 y �ver Fh me 978.6805410��fox 978.689.9542 �Web ewww ownofnorlhordover.mm M m m W U' Q IL ` 1 �oa*�r�ulrt tQrtota■iaMv. �w�vrsw�■o 1 .r' r■�,r.,o�.��,, e u '1 I t 1HI4flp� � el IC.� .v�,■r■ f i f n-m...«"°�^w� 1 i t tpKwr«a i 1 0,m.w 1 :a,a.pnu•..0 �1..■ra� f --�a��wwu I ! t I i 1 �f' r 1BWIIM � I r.a�rygr■cp�pat. �y�,� � .6 b•■Oo,■•f .Watiiwaerru------ L0 L0 rl. CD !/ \I CDCD LD .•■.rscs�■,a■w•nw•crpr■rwc.o•n.r ���..r�oeonw�ryr�■ f100R ALAN M j •r..�.+er«sr r-«cwo�.�.n.r+aa VI■••1•-p- y: �N.. 400 OSGOOD STREET M TENANT OCCUPANCY SCHEDULE m s t 4 TENANT USE FT. LO TENANT # 1 Osgood Street LP W/H storage 6,649 m . 2 Home Grown Lacrosse Lacrosse training 9,216 DEC 2 „ 2006 g N_ 3 Arco Excayators Storage 1,160 ■�,.,�; N` 4 Puckmasters Hockey training 4,792 BOARD OF APPEAL 5 One to One Strength Physical training 6,203 A-101 Y�w'�31Q�rt.�. NOTES.` .t 1tnW r.+im01 W aw aF� I.IQI'V0 t IM PAM AS""AN00%IX A6LOOCt rM W.PAR=L 1 IONN ANCA OM PMICO.IS 11"S Sr.ON"0 AMM N ?PA1C♦L It tCd,m WKV RS R-4 MWO WMU N CM t71WW. N s so r�0 f A fL11O1MS!IlIGI! ASOOAtp i1 Wo m \ wit of MAN CD s�s1""*mss r ROAD TY'P) ♦ -WAR so Ufa p, N.A.N.S. ACCESS c>osteoPs --- "' s,a,�to,FtO1,►��.rasa t,. S L VDI!MS-W M!SF,f 49 WtmIK OF IN W OMM-014 I... % \ N W Lom .. IUD CD \\ KpWAY ROAD m co NAR _ 2:54,973 SQ. FT. • 3.844 ACRES 30300 S (306* \ TONING WAND OF APPEALS ` \ I � . i �-ry •�19. �I�AIevol GRAPHIC SCALE MA \\\ I inch• +0 n 11111WIllirF m A♦d141 y,11 PLAN OF WMOs we a>mF Ow 1r i rsAM Is aw ar.�. r�.....�.... 400 OSGOOD STREET 23 ,e1vr'a+ .�.-rwr�arra7Ar�Aaaa►�1 !OT 9+-1 -NCM ANOOMA,YAUACNUWM M.-WIl a ll, 1 Yt D CD • N CD w TRANSMISSION VERIFICATION REPORT TIME 12/2212006 16:29 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATEJIME 12122 16:28 FAX NO./NAME 89786838907 DURATION 00:00:40 PAGE(S) 03 RESULT OK MODE STANDARD ECM Q i I V ........... P g 20 F � R -14. ---- g a _ ,r A --% ©COPYRIGHT 1501 128-15al REVISIONS Exlsrlxc uEaNw rnNEL NEw�rzib•wwaaFXnxboR NEw>-Xxrro^Noon \ I h. / I atTro OOM i I i �eluFi i i � / Ezra I eXnCE/I i II\ / 1/ [ I [�II F� /w --iMR.nRESVMnriOX wnu I [, I I E }I ELECTRICAL LEGEND ^I� uLl TENANTkI �� �Ei Fr011Nrou oaon I u-[m nw En.FnwCYFNX1rX0 � i I I TENANT** b RgnOx wnu u-Eu J•E.N•C•E.!� I i rXz�Xtt uwnwmlRFk?t[Xu;Xs) iM �' t' n l I I -FMFXOrnCYlI0Mr1] �/� xw.nusiruwibxwnu 1 I 1 �. b X I%zx I iF?NNr ir4 ; i E�i u xENyl J.muua rnu a ,s 1 i o E� u uwrti¢n0 . _ iE. b Ib ro`I �[ buxEcxmae ' AREA CALCULATIONS e i �Ei :xc rlREsivuunoX wuL i i i j xwL nXESEwuuilw,wul � E�� rnuns� AaXsr .. ...•.�•`:., i ranXr:z- s.x�ev i TENANT 7i2 TENANTS j i r[rwxt s+- x,rvzss ! ' I t I � I I t I I I I gzesy -� I 1 uXnefis¢m � � I I 1 I r0ewaxnXu- ;rep uLI i , I EI I I eR.RfC I _ s[xnzXrt le-a I i I 1 I Buzz I i.NOM.b-wuI:FXOLW iIXFIIrnM1MM WLLl:YR5rAp16'OG,Otnwns rG en.em.eX.ex noE.nu nun;vrov a wnu wneausnrE,suL wi wu Fmu.nuuE oeLbroRsurorw-roxExnmxE FLOOR PLAN F.m.Lb w.L[sen„��b-bGw�n,e-rGc....m.r.:,oL s.Xou.rwnu.msrzs P�b-a.ewibn-rG ev.mX.u.sioe 1/16..=1'-0" e rn•rwi.Lwm (' s.a•mLewXncxr Z e.n.r+..nmvErmsxnmR O = � W A 4, a° d = e W Ip t O N e LL ZI z i Q m " Drewlne No: 1 Io0 No_ WWI LOT MAP MAP LOT �--��—TMAP ooMM a NORTH N DOWER TOWN a�6M ' ' NOTES: NORD1 ARTHUR&LAARsa 1 M �01W NAS ST YA OI6W 440 IND03DO0VOC°D M MSO ET 1.REFERENCE THIS PARCEL AS NORTH ANDOVER ASSESSOR'S MAP 94:PARCEL I. M. 2.TOTAL AREA OF PARCEL IS 254,575 S.F.OR 5.644 ACRES. 3.PARCEL IS LOCATED VATHIN THE R-4 ZONING DISTRICT IN ITS ENTIRETY. 4.BUILDING SETBACKS: REWIRED PROVIDED _ —— CURB� .) FROM 30' 147.1'2 EX)5T. SIDE 15' 19.4'2/137.2'± REAR 30' 229'2 H.S=ACCESS ROAD __EXIST.EOP(�.)——_—_—— _ �� 5.TOTAL LOT FRONTAGE IS 514.752 LF. N A _— 6.OPEN SPACE 202,0462 S.F.A PERCENTAGE OF LOT COVERAGE-21X o p Y. % 100 \ 5 35754'18" 870.98 V' HARK AWP,"( W AY ROAD 94-1 254,575 S0. FT. r W In 5.844 ACRES \` \ ND 5p0 S.F•t WX \ EXISTING 30' (305't EHOUSE d1' \ MINIM PANT HOMPONAM ASPoCIATION IWA \ /e ESM MOMT.or," \ NA 601120M xALF19LL.MA DIM ZONING BOARD OF APPEALS ` \ !D P. MAP at LOT 20 MAP W,LOT 2 20 MAIN STREET O`er TORN W NORTH AO°1RA \ W ANDOYflt MA O160 120 MAN STREET \ N.AND0YM MA 016115 GRAPHIC SCALE \ W o zo Ia w leo t \ ` ( IN FEET ) I inch = 40 !t. 1•Ronar No.R6-0911-1 R>rvl9Lone PLAN OF LAND: ° IOD os0000 sraEEr WIW R�en1 DA770 JUNE OR,2001 WIL AyIM-"QRO�°M AMIUVIs ac 400 OSGOOD STREET NOMINEE ESTREET RUST / WWAM BANNISTER WALL I �W' jff W WM�M IW AArM�.•�INr� 390 H A0M M W.r ANY )WN,4 ANIW IWC FAy n�V Npi1OVDT,MA°191}t BART 1 D•1 LOT 94-1 — NORTH ANDOVER. MASSACHUSETTS 5 ANOva u1;PO,214s(.ulr 3D,Ing) A :ate; TOWN OF NORTH ANDOVER SPECIAL F+IRVI' � ;C NAME ZONING BOARD OF APPEALS� 2006 NOV 16 PSI 1: 23 �� ADDRESS OF APPEAL qll" "Voi yJ ,., , ,L;-Town Clerk Time Stamp - NORTH ANDOVER MASS ACHUSET TS Procedure & Requirements for an Application for a Special Permit Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) at The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and th Regulations and is not meant to supersede them. The cost,of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and receivers The petitioner picks up the legal notice from the Office a Zoning Bylaw Denial form completed by the the Zoning Board of Appeals and delivers the legal no Building Commissioner. to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information as The petitioner should appear in his/her behalf, or be required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence c completed: _ - any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will b; STEP 4• LIST OF PARTIES 14 INTEREST. F sent to all parties in interest. Any appeal of the Board' The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters)'. General Law-ch. 40A,sec.-17,-within twenty(20)days after the decision is filed with the Town Clerk. .STEP 5: SUBMIT APPLICATION: Petitioner submits one (1.)original and 10`Xerox'copies STEP: 10: RECODING.THE DECISION AND PLAN. of all the required information to the Town'Clerk's Office The.petitioner is responsible for recording certification to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at th of filing. The original will be left at the Town Clerk's Essex County North Registry of.Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St., Lawrence MA. and shall complete the Certification Zoning Board of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department.. IMPORTANT PHONE NUMBERS: 378-688-9533 Office of Community Dev. & Services North Andover Town Hall 600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover, MA 01845 North Andover, MA 01845 a F,918-,688-9542 fax for all Community Development offices 978-688-9545 Building Department 978-688-9501 Town Clerk's Office 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office NOV 19 2006 U PAGE 1 of 4 BOARD OF APPEALS PAGE 2 OF 4 Date &Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT _Please complete all items 1 10 below: 1. Petitioner: *Name, *Address and telephone number: 106 . n/, /A AlkvP,-- M,q O/y,ys` *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: L✓-/1��.-� �-' tea.,-,-fe� TQM,-�t e 04 Years Owned Land: 3. Location of Property: a. Street: 47�00 Os a0J S-1' Zoning District: 2' b. Assessors: Map Number °I Lf Lot Number: 1 c. Registry of Deeds: Book Number Page number: i,�z 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. 7P 1)-a.. `Refer to the Permit Denial and Zoning Ordinance Plan Rev1ew as supplied by the Building commissioner. 5. Describe the Special Permit request: r., vse C2s6 r- jec J 74 et dr c: ;c G ��� Tar N 5C o+ �► �i✓�Z �r- �� ���C� o n� 4'�iG i/ The above description shall 6e 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 pu! 4. section 9 of this application. Page 3of4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Minimum Lot Setback Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear 1_5 4Y7 6B. Proposed Lot(s): NA Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq Ft, Coverage Feed Spaces— Front0Sid Side B moo, /�tjO l/fit_ til/ % d U �`}� 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units** *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 7B. P--posed Building(s): IIIA Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units** *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Ev€ application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supports documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appe: does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and lee notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations m esult in a dismi al by he Zon' rd of IN application as incomplete. Signature -� Type pe above name(s) here "0RTF1 Zoning Bylaw Review Form ° p Town Of North Andover r Building Department SSS., S" 1600 Osgood Street, Building 20, Suite 2-32 North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 400 Osgood Street Ma /Lot: 94/1 Applicant: Bryan Brazil Request: Tenant fit-up Date: 11-1-06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-4 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 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 X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 1 Complies 3 Left Side Insufficient 3 1 Preexisting Height X 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 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 X 000Zis1uaCIMUj H2U1UoZ ld3o JNiaiine Ja410 uoissiww00 leouolslH buiuueld sl.ioM ollgnd jo luawpeda4 u01len.i9su00 pjeo8 uluoZ X aa!lod 411eaH and :ol peaaa}aa TO: Zoning Board of Appeals Town of North Andover, Massachusetts, 01845 DATE: November 14, 2006 RE: Owner Authorization for seeking Special Permit on behalf of: Bryan Brazill Home Grown Lacrosse LLC With my authorization, Bryan Brazill is filing an application with the North Andover Zoning Board of Appeals for a Special Permit for a private, for-profit educational facility (lacrosse skill training facility) at 400 Osgood Street, North Andover, pursuant to the provisions of Sub-Section 9.b of Section 4.122 of the Zoning Bylaw of the Town of North Andover. Thank you for your consideration in this matter .002 William F. Bannister Trustee 400 Osgood St. TO: Zoning Board of Appeals Town of North Andover, Massachusetts, 01845 DATE: November 14, 2006 RE: Written Document, Item 9 of Special Permit Form The following addresses points 1 through 6 of Item 9 of the Special Permit Form 1. The particular use proposed for the land or structure. We are requesting to use a portion of 10,000 square feet of the existing structure at 400 Osgood Street,North Andover, Massachusetts for a private, for-profit educational facility. Said facility is "Home Grown Lacrosse LLC", which is owned and operated by Bryan Brazill. This educational facility is a"lacrosse skill training service" for elementary, middle school and high school students. Our main focus will be one on one training, similar to one-to-one strength and puck masters, two tenants that already have existing businesses at the 400 Osgood St. warehouse. We will cover basic and advanced skill sets that pertain to the sport of lacrosse. Floor Space The proposed facility will consist of a field that will take up the majority of the square footage, two already existing bathrooms and a small office Parking Due to the nature of the service provided our parking needs will be minimal. I have one full time employee and we share a car. At the most two students will be receiving lessons at the same time; most of these students do not drive and will be dropped off by their parents or guardian. We will only need 3-4 parking spaces. 2. The specific site is an appropriate location for such use. Paul K. Soucy of One-to-One Strength and Bill Giles of Puck Masters were both granted a Special Permit by The North Andover Zoning Board of Appeals and operate and educational facility offering physical conditioning, health management and personal skill training at the 400 Osgood address. In addition to this Julie Paige Gediman was granted a Special Permit but chose to open her business in a different location for personal reasons. It is my belief that Home Grown Lacrosse is a comparable and compatible business to One-to-One Strength and Puck Masters, facilities offering instruction and education. 3. The will be no nuisance or serious hazard to vehicles or pedestrians. The structure at 400 Osgood Street is set well back from the road, away from passing vehicles and pedestrians. There is a conservation wet land that forms a natural barrier between the street and the proposed site. The space was previously occupied by the Town of North Andover and no known nuisances or serious hazards were reported. In comparison to the Town of North Andover the usage of the space for Home Grown Lacrosse will be minimal. It can be assumed that there will be no nuisances or serious hazards. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Betterment of the proposed facility will be in accordance with the building regulations of the Town of North Andover. Prior to any build-out, a building permit will be obtained from the Town of North Andover. This will ensure that adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of the Zoning Bylaw. A special permit throught the Zoning Board of Appeals is required for this type of use. 4.122.9.b, Section 9 (9.2) of Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made. Since the facility will use the existing lot and building, it is our belief that this question is "not applicable." Town,of North til. Andover F ,�ORTk i RECEIVED Office"of the Building Department JOYC TO, � Development and Services Division NORTH ANDOVER William J. Scott, Division Director -,r„ tg '�,nQnQQn n 27 Charles Street ~.,.f' "r�ACHUs�� D. RoAp l�i'ce4 A 11: 1 bNorth Andover, Massachusetts 01845 Telephone(978)688-9.545 Building Commissioner Fax (978)688-9542 Any appeals shall be filed NOTICE OF DECISION within(20)days after the Year 2000 date of filing of this notice Property at: 400 Osgood Street in the office of the Town Clerk-- NAME: lerkNAME: Paul K Soucy,of DATE: 12/19/2000 One To One Strength Training,Inc. ADDRESS: 400 Osgood Street PETITION: 042-2000 North Andover,MA 01845 HEARING: 12/12/2000 The Board of Appeals held a regular meeting on Tuesday, December 12,2000,at 7:30 PM upon the application of Paul K Soucy,d/b/a One To One Strength Training,Inc.,400 Osgood Street, North Andover,MA as a Party Aggrieved of the Building Inspector and for a Variance from the requirements of S7,P7.3,for driveway width and from Section 8, Supplementary Regulations to allow for less than the required number of parking spaces, and for a Finding from Section 4.122,P 9.b(private for profit educational facilities)in order to allow for the permitted use of a"physical conditioning clinic"within the R4 Zoning District. The following members were present:Walter F.Soule,Raymond Vivenzio,Robert Ford,John Pallone,and Scott Karpinski. Upon a motion made by Robert Ford,and 2nd by John Pallone,the Board voted to uphold the decision of the Building Inspector and to deny the Party Aggrieved portion of the application,voting in favor: Walter F. Soule,Raymond Vivenzio, Robert Ford,John Pallone, Scott Karpinski. Upon a motion made by Robert Ford and 2nd by John Pallone the Board voted to GRANT a VARIANCE on parking of 34 parking spaces from a requirement of 61 down to 27 parking spaces on the condition that any change in use in any portion of the structure shall require the petitioner to return to this Board for review and approval of parking requirements for the building pursuant to authority granted by the Board from S8.1.5 of the zoning bylaw. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made.by Robert Ford and 2nd by John Pallone the Board voted to GRANT a VARIANCE from S7,P 8.1.7 for 3'in aisle width in two locations to allow for use in this district and on this site,as shown on the Plan of Land prepared for 400 Osgood Street,by: David Liukkonen,#29381,KNA, 10 Commercial Park,N. Suite 3B,Bedford,NH. 03110,dated October 2000. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made by Robert Ford and 2°d by John Pallone the Board voted to find in favor for private for profit educational use in the R4 District in order to allow for permitted use of a physical conditioning clinic as a permitted use in that district and moved that the Board GRANT a SPECIAL PERMIT to allow this use on 400 Osgood Street. Voting in favor: WFS/RV/RF/JP/SK. Page 1 of 2 I"UILDING 6),,3-9=45 CONSERVATION 688-9530 HEALT11683-954() RECEIVED JOYCE BRADSHAW CONTINUED— 2nd page—dated: 12/19/2000 TOWN CLERK NORTH ANDOVER decision for: Paul K. Soucy, d/b/a One To One Strength Training Inc. address: 400 Osgood Street,North Andover,MA 01845 1000 DEC 2 0 All: I b 10.4 Variances 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 structure 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 substantially detriment to the public good and without nullifying or substantially derogating from 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,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. By order of the Zo oard of Appeals, Raymond Vivenzio,actig act' Chairman mUdecisions2000/44/45 Town of North Andover G' ' I °N�h Office of the Zoning Board of Appeals �:•� + ° Community Development and Services Division 27 Charles Street -PNorth Andover,Massachusetts 01845 D. Robert Nicetta Telephone(97ti�88r Building Commissioner Fax(97 88_ 4 P 2q Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: for Premises at:400 Osgood Street, NAME: Julie Paige Gediman,8 Hitchcock Farm Road,Andover,MA IIEARING(S)s July 13,2004 ADDRESS: for Premises at:400 Os ood Stree t, PETITION: 2004-019 North Andover,MA 01845 TYPING DATE: Jul 21,2004 The North Andover Board of Appeals held a public hearing at its re at 7:30 PM in the Senior Center, 120R Main Street,North Andover,regular meeting Massachusetts Tiny'July upon the do of Julie Paige Gediman,8 Hitchcock Farm Road,Andover,MA,for premises at.400 Osgood Street,North Andover,requesting a Special Permit from Section 4,Paragraph 4.122.9(b)and Table 1,and Section 9, Paragraph 9.2 of the Zoning Bylaw in order to allow a non-conforming use in a portion of a pre-existing building. The said premise affected is property with frontage on the West side of Osgood Street within the R- 4 zoning district. The legal notices were published in the Eagle Tribune on June 28&July 5,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J. Byers,and Albert P.Manzi,III. Upon a motion by John M.Pallone and 2"d by Richard J.Byers,the Board voted to GRANT a Special Permit from 4.122.9(b)and Table 1 of the Zoning Bylaw to allow The Paige Conservatory of the Performing Arts to use a portion of the pre-existing building at 400 Osgood Street for classes in dance,acting,and musical . theater per Bannister Building Tenant#2 North Andover,MA,Floor Plan/Tenant#2 Plan,red outlined Proposed Paige Conservatory,Drawing,No.:A-101,by Jensen Stenbak,Architecture and Interiors,4 Auburn Road,Londonderry,New Hampshire 03053 and Plan of Land:400 Osgood Street,Lot 94-1 —North Andover,Massachusetts Owner:400 Osgood Street,Nominee Trust,c/o William Bannister,380 Winter Street,North Andover,MA 01845-140,vol. 5131;pg.214,(July 30, 1998),Date:June 09,2004,Project no. 98-0811-1 by David C.Liukkonen,R.P.E.#29381,Keach-Nordstrom Associates,Inc., North,Suite 3B,Bedford,NH 03110. 10 Commerce park Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P. Manzi,III. The Board finds that the applicant does not require a Special Permit from Section 9,Paragraph 9.2;private, for-profit educational facilities are allowed in R4 with a Special Permit. Also,the Board finds that the applicant has satisfied the provisions of Section 4.,Paragraph 4.122.9(b)of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing usage(temporary, Town Hall)to the neighborhood and that the student age and maximum class size of 14 wi11 not require more than the existing 25 parking spaces. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 F Town of North Andover of pORTM, 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 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 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, it shall lapse and may be re-established only after notice,and a new hearing Town of North Andover Board of Appeals, Ellen PR McIntyre,Chair 2004-019. M94PI. Page 2 of 2. 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 Town Qerk Time Stamp Office of the Zoning Board of Appeals RECEIVED Community Development and Services DivisionT0WIN C'_ERK'S C'f''+IrE 400 Osgood Street North Andover,Massachusetts 01845 2006 FEB 15 Al 10: 22 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 TWO"<:� :: NORTH ATY0:--' Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 400 Os Street 40A, 17 Pro at: NAME: William L Giles,Jr.,25 Sunrise Drive, HEARING(S): January 10,2006 Bradford,MA 01835 ADDRESS: for remises at:400 Os Street PETITION: 2005-038 North Andover,MA 01845 TYPING DATE: January 20,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,January 10,2006.at 7:30 PM upon the application of William L Giles,Jr.,25 Sunrise Drive,Bradford,MA 01835,for premises at:400 Osgood Street(Map 94Parcel 1),North Andover requesting a Special Permit from Section 4,Paragraph 4.122.9.b of the Zoning Bylaw in order to establish a private for profit educational facility for one-on-one hockey training on synthetic ice. Said premise affected is property with frontage on the West side of Osgood Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list deemed by the Assessor's Office of North Andover to be affected,and were published in the Eagle- Tribune,a newspaper of general circulation in the Town of North Andover,on December 26,2005&January 2,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D. Ippolito,and Richard M.Vaillancourt. The following non-voting member was present: Daniel S.Braese. Upon a motion by Richard J.Byers and 2°d by Richard M Vaillancourt,the Hoard voted to GRANT a Special Permit from Section 4,Paragraph 4.122.9 of the Zoning Bylaw in order to allow a"Puckmasters"private for profit educational facility for one-on-one hockey training on synthetic ice per: Site: 400 Osgood Street tunin UParcel 1),North Andover,MA 10845 Site Plan Title: Asbuilt Plan of Land in North Andover,Massachusetts,prepared for 400 Osgood Street Nominee Trust,William F.Bannister,Trustee&Parking Layout Plan prepared for:400 Osgood Street,Lot 94-1—North Andover,Massachusetts,Owner:400 Osgood Street Nominee Trust,cto William Bannister,380 Winter Street,North Andover,MA 01845-140 Vol. 5131:Pg.214(July 30, 1998)N.E.R.D.Plan#13919 Date(&Revised March 22,2002 Date:June 09,2004 Dates): Land Surveyor& Joseph A.Esposito,P.L.S.#18923,Pembroke Land Survey,P.O.Box 205, Registered professional Salem,NH 03079&David C.Liukkonen,R.P.E.#29381,KNA Keach- Engineer Nordstrom Associates,Inc., 10 Commerce Park North, Suite 3B,Bedford,NH 03110 Sheet/Drawing Drawing no.M-1261-L, Sheet 1 of 1&Project No.98-0811-1, Sheet 1 of 1 Building Plan Title Bannister Building Tenant Plans,North Andover,MA,Floor Plan By: Jensen Stenbak Architecture,Interiors,Project Management,4 Auburn Road, Londonderry,New Hampshire 03053&Floor Plan Proposed Renovation [Tenant#41 Lot 94-1 Osgood Street,North Andover,MA&Elevations Proposed Renovation[Tenant#41 Lot 94-1 Osgood Street,North Andover,MA Date: 8 Oct 99, 5 Nov 99 18 Feb 00 Added Tenant#5 Sheet/Drawing: Drawing No.:A-101&Drawing 1&Drawin 1 Page 1 of 2 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 Town Clerk Tmw Stamp Office of the Zoning Board of Appeals Community Development and Services Division RECEIVEDTO�'�td C►,E !;'c QF,eICE 400 Osgood Street North Andover,Massachusetts 01845 2006 FEB 15 AM 10: 22 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 TO';H Cl F PTS)AC.;,U _ With the following condition: 1. Any change in use in the"Puckmasters",or Tenant#4 lease area,shall require the petitioner to return to this Board for review and approval;especially for review and approval of parking requirements for the building. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Richard M. Vaillancourt. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 of the zoning bylaw and that granting this Special Permit from 4.122.9.b of the North Andover Zoning Bylaw for the one-on-one by appointment, only"Puckmasters"training center will not adversely affect the neighborhood nor will this use be a nuisance or serious hazard to vehicles or pedestrians. The Board finds that the 400 Osgood site is an appropriate location for this use. The Board finds that adequate and appropriate facilities will be provided for the proper operation of the private for profit educational facility. The Board finds that this use is in harmony with the general purpose and intent of the Bylaw,and such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. 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 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,it shall lapse and may be re- established only after notice,and a new hearing. Town of North Andover Board of Appeals, 'IJ / � Ellen P.McIntyre,Chair Decision 2005-038. M94P1. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover 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 oppositeon any public or private 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,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." Subiect Property, MAP PARCEL Name Address 94 1 William Bannister,Jr 380 Winter Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 94 2/3/4/5 Town Of North Andover vY20 Main Street,North Andover,MA 01845 102 7 Clive Gamble LA66 Osgood Street,North Andover,MA 01845 102 3 Arthur Larson L,440 Osgood Street,North Andover,MA 01845 95 49 Francis Murphy LA2 Harkaway Road,North Andover,MA 01845 95 50 Lindon Pulley X18 Harkaway Road,North Andover,MA 01845 95 56 John Enright Camden Street,North Andover,MA 01845 95 12 J David White ,t Lt374 Osgood Street,North Andover,MA 01845 _ 95 19 Paul Rhodes re fUJn 663 Lockwood Avenue Webster Grove,MO 63119-3540 95 19-1.A Michael Porfido V21 Concord Street,North Andover,MA 01845 95 19-2.A Elba Morency L23 Concord Street,North Andover,MA 01845 95.A 54 Robert Zuzack �4 Millpond,North Andover,MA 01845 95.A 55 VSM Realty Trust LJ Bartlett Street,Andover MA 01810 95.A 56 Dutie Wilson Millpond,North Andover,MA 01845 95.A 57 _Michael Doran Millpond,North Andover,MA 01845 95.A 58 Lauren SegeeY - U0f 8 Millpond,North Andover,MA 01845 -.10-196 95.A 59 1Richard Artenstein 'L,�Millpond,North Andover,MA 01845 95.A 60 -Brian McCarthy M:::�a Millpond,North Andover,MA 01845 l a-^ -96 95.A 61 Boris Ostrovsky G*2 Broadlawn Drive,Chestnut Hill,MA 02467 95.A 62 Andrew Silverman LX Millpond,North Andover,MA 01845 95.A 63 Kenneth Straus L63 Millpond,North Andover,MA 01845 84 29/13/14 Town Of North Andoverdiq?120 Main Street,North Andover,MA 01845 — C 84 24 Stoneham Savings Bank 4-359 Main Street,Stoneham,MA 02180 84 11 Paul Tusa ✓33 Concord Street,North Andover,MA 01845 84 12 Slipkowsky Rev.Trust L-,46 Camden,North Andover,MA 01845 84 10 Teresa Hickey LAa Concord Street,North Andover,MA 01845 84 15.A Lynette Carpenito L59A Concord Street,North Andover,MA 01845 84 15.13 Kemberly Thibeault L-6fB Concord Street,North Andover,MA 01845 84 28A/28-2C rt$glwt Santo Mangano Irrrev.Tr. 90 Main Street,Andover,MA 01845 1 -Ob 84 281C/283C Santo Mangano Irrrev.Tr. 90 Main Street,Andover,MA 01845 t 84 284C/285C Santo Mangano Irrrev.TJ90 Main Street,Andover,MA 01845 84 28B E&S Realty Trusf .v_565 Chickering Road,North Andover,MA 01845 84 28-2B Margaret Gorham _1,462 Sea Bass Drive,Fripp Island,SC 29920-9795 1 D 6 84 28-3B Ronald Wedge L"4 Margin Street,Haverhill,MA 01830 84 2846 W.J.P.Realty Trust 1-5t5 Chickering Road,North Andover,MA 01845 84 28.6C Kenyon Realty Trust L e95 Chickering Road,North Andover,MA 01845 84 2811 B/12B Juba Realty Trust X535 Salem Street,North Andover,MA 01845 Page:1 of 2 This certifies that the names appearing on the records of the Assessor Office as of Certified by: Date /4. 84 28-24 Steven Quinn vc,-i Yn,,�24 Bunkerhill Street, North Andover, MA 01845 1' 0-0—D6 84 28-26 Gary Graf X26 Bunkerhill Street, North Andover, MA 01845 84 28-30 Frank Bartashy --30 Bunkerhill Street, North Andover, MA 01845 84 28-34 Carrie Sampson yet m 34 Bunkerhill Street, North Andover, MA 01845 3'- 0 6 84 28-36 Scott Flores ✓-iuylY d 145 West Adams Street, Summerville, MA 02144 84 28-67 Richard Farrell IW Concord Street, North Andover, MA 01845 84 28-1 B Santo Mangano Irrrevj90 Main Street, Andover, MA 01845 — page 2 of 2 This certifies that the names appearing On the records of the Assessws Office as Of -O Certified b Date // BRACEi i f, i.. oiD ILRA i L\iDr`Ep eR i i 1 �`slucl i ' ... 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GYP.eRO.CEILING- •W 10 I _ X- (c4 - 3XV20@Ir O.C. r A.F.F. ._...�. ` '- I ---t- - nl _ TCN T-1r cH T'-Ir CM 7'-to' i 1 7 t.1 i r r �.QRS"••', f Amom L \\ r W^' AD SIM CHECK D"MPA _ _ 104 J .� — sWwE-asb.4• \\ 100 LF CIRM"" —'Grao loo— AL QWWff ZONE(M- ow e• E \V\� \ UtFA $TSG SEE W EIEL ms)!S �T XS 35•5q 1$ \ \\v V- — \ lu,r E9TAar x.. 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MA iUSEETiS VOL 3131: PO. 214(dlLY 30. 1998) PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Special Permit must be supported by a I) Size of plan: Ten (10 ) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special 11) One(1) Mylar not to exceed 24"x36". Permit from the requirements of MGLA ch. 40A, and the III) All Site plans shall be the result of,an instrument North Andover Zoning By-laws, all dimensional survey certified by a Registered Professional Land requirements shall be clearly identified and factually Surveyor with a block for five (5) ZBA signatures supported. All points, 1-6, are required to be and date indicated on the Mylar.. Other registered addressed with this application. professionals, such as Registered Architects, Registered Professional Landscape Architects, 1.The particular use proposed for the land or structure. Registered Professional Civil or Geotechnical 2.The specific site is an appropriate location for such Engineers, etc., may collaborate on the Site Plan. use, structure or condition. *10 C. *Features To Be Included On Plan: 3.There will be no nuisance or serious hazard to I) Site Orientation shall include: vehicles or pedestrians. 1. north point 4.Adequate and appropriate facilities•wilt.be,provided 2. zoning district(s) for the proper operation of the proposed use. 3. names of streets 5.The use is in harmony with the purpose and intent of t 4. wetlands(if applicable) Zoning Bylaw. 5. abutters of property, within 300' radius 6.Specific reference and response to the criteria 6. locations of buildings on adjacept properties required b the articular Special Permit for which within 50'from applicants propo?;ed structure re q y p p 7. deed restrictions, easements. this application is made(i.e. the Earth Removal Spey �1 permit ham -P criteria and submittal [[)Legend&Graphic Aids: requi 1. Proposed features in solid lines &outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 10. PLAN OF LAND 4. Date of Pian Each - "liration fn 1tiA Znning Board rf 'knneals shall be 5. Title of Plan ''fans 6. Names addresses and phone numbers of the ;t be,4._ co i.., Mn, applicant, owner or record, and designer or Clerk's Office and ZBA secreLdi y t least thirty t30)days surveyor. prior to the public h-wing before the Zoning Board of appeals. 100. Minor Projects Minor projects,such as decks, sheds, and garages, A set of building elevation plans by a Registered shall-require only the plan information as indicated with Architect may be required when the application an.asterisks(*). In some cases further information may involves new construction/a conversion/and/or a be required proposed change in use. 11. APPLICATION FILING FEES 10 A. Major Projects A. Notification fees: Applicant shall provide a cheO Major projects are those which involve one of the or money order to: "Town of North Andover-#022-1760 following whether existing or proposed: 4841"for the cost of first class, certified, return receipt x I) five or more parking spaces. #of all parties in interest identified in MGLA ch. 40A§11 II)three(3)or more dwelling units, on P abutter's list for the legal notice check. Also, the Ill) 2000 square feet of building area. apr- :,, ,t shall supply first class postage stamps x the# of parties of interest on the abutter's list for the decision Major Projects shall require that in addition to the above mailing. features. plans must show detailed utilities, soils, and B. Mailing labels: Applicant shall provide four(4) featur s. plans information. f.ets of mailing labels no larger than 1"x2-5iW (3 copies or the Legal mailing and one copy for the Decision mailing). C. See 2005 Revised Fee Schedule. 4444 A Special Permit once granted by the ZBA,vill lapse in 2(two)years if not exercised and a new petition must be submitted. FE-E-E- Contents 1. Special Permit Form 2. Permit Denial 3. Owner Authorization Letter 4. Written Document(Item 9) 5. Abutter List 6. Precedent Decision Notice 7. Floor Plan 8. Site Plan O v, (A1 VV il � l � v✓1 � , ❑Var MISg O Fiadin$ Q400 �ftd dee at Dcciaion due on- Bo D n-BUD � 0o , - o G lest Tr Town of North Andover Town Clerk Tune Stamp Office of the Zoning Board of Appeals Community Development and Services DivisionTf0��A ,FRECEIVED "'•x 400 Osgood Street CLEP 'S O 'ICE North Andover, Massachusetts 01845 Gerald A. Brown Telephone (978)688-9541 2006 FEB 15 AN (II= 22 Inspector of Buildings Fax (978)688-9542 NORTH A,14"TIV -`1 MASSACM! Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Proat: 400 Osgood Street NAME: William L. Giles,Jr.,25 Sunrise Drive, HEARING(S): January 10,2006 Bradford,MA 01835 ADDRESS: for premises at:400 Osgood Street PETITION: 2005-038 North Andover,MA 01845 TYPING DATE: January 20,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,January 10,2006.at 7:30 PM upon the application of William L.Giles,Jr.,25 Sunrise Drive,Bradford,MA 01835,for premises at: 400 Osgood Street(Map 94Parcel 1),North Andover requesting a Special Permit from Section 4,Paragraph 4.122.9.b of the Zoning Bylaw in order to establish a private for profit educational facility for one-on-one hockey training on synthetic ice. Said premise affected is property with frontage on the West side of Osgood Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list deemed by the Assessor's Office of North Andover to be affected,and were published in the Eagle- Tribune,a newspaper of general circulation in the Town of North Andover,on December 26,2005&January 2,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D. Ippolito,and Richard M.Vaillancourt. The following non-voting member was present: Daniel S.Braese. Upon a motion by Richard J.Byers and 2°d by Richard M. Vaillancourt,the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.122.9 of the Zoning Bylaw in order to allow a"Puckmasters"private for profit educational facility for one-on-one hockey training on synthetic ice per: Site: 400 Osgood Street 94Parcel 1),North Andover,MA 10845 Site Plan Title: Asbuilt Plan of Land in North Andover,Massachusetts,prepared for 400 Osgood Street Nominee Trust,William F.Bannister,Trustee&Parking Layout Plan prepared for:400 Osgood Street,Lot 94-1—North Andover,Massachusetts,Owner:400 Osgood Street Nominee Trust,c%William Bannister,380 Winter Street,North Andover,MA 01845-140 Vol. 5131:Pg.214(July 30, 1998)N.E.R-D.Plan#13919 Date(&Revised March 22,2002 Date:June 09,2004 Dates): Land Surveyor& Joseph A. ey sep Esposito,P.L.S. #18923,Pembroke Land Survey,P. O.Box ZOS, Registered Professional Salem,NH 03079&David C.Liukkonen,R-P.E. #29381,KNA Keach- Engineer I Nordstrom Associates,Inc., 10 Commerce Park North, Suite 3B,Bedford,NH 03110 Sheet/Drawing Drawing no.M-1261-L, Sheet 1 of 1 &Project No. 98-0811-1, Sheet 1 of 1 Building Plan Title Bannister Building Tenant Plans,North Andover,MA,Floor Plan By: Jensen Stenbak Architecture,Interiors,Project Management,4 Auburn Road, Londonderry,New Hampshire 03053&Floor Plan Proposed Renovation [Tenant#41 Lot 94-1 Osgood Street,North Andover,MA&Elevations Proposed Renovation[Tenant#41 Lot 94-1 Osgood Street,North Andover,MA Date: 8 Oct 99, 5 Nov 99 18 Feb 00 Added Tenant#5 Sheet/Drawin Drawin No.:A-101 &Drawing 1 &Drawing 1 Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 f r of No or"'4e Town of North Andover Town Qerk Time Stamp Office of the Zoning Board of Appeals t� Community Development and Services Division RECEIVED TOW1 CLERKS OFFICE '•_�� 400 Osgood Street North Andover, Massachusetts 01845 2006 FES 15 AM 10: 22 Gerald A. Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 j'C f?�." CIF. N011T1-I ArttirQOy'cc: MAS S 01 U,3 With the following condition 1. Any change in use in the"Puckmasters",or Tenant#4 lease area,shall require the petitioner to return to this Board for review and approval;especially for review and approval of parking requirements for the building. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Richard M. Vaillancourt. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 of the zoning bylaw and that granting this Special Permit from 4.122.9.b of the North Andover Zoning Bylaw for the one-on-one by appointment, only"Puckmasters"training center will not adversely affect the neighborhood nor will this use be a nuisance or serious hazard to vehicles or pedestrians. The Board finds that the 400 Osgood site is an appropriate location for this use. The Board finds that adequate and appropriate facilities will be provided for the proper operation of the private for profit educational facility. The Board finds that this use is in harmony with the general purpose and intent of the Bylaw,and such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. 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 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,it shall lapse and may be re- established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre, Chair Decision 2005-038. M94P1. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 t Town of North Andover Town Clerk Time Stamp Office of the Zoning Board of Appeals Community Development and Services DivisionFEGEIVED t '4r.e. 1400 Osgood Street TOY!"! ('�_�+i�(.'S UFTE ,ssACNsEt North Andover,Massachusetts 01845 Gerald A.Brown Tele 978 hone 688-9541 2005DEC27 Pit 37 Telephone ( ) Inspector of Buildings Fax (978)688-9542 OF U0RTH `r'ill[)0 . Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on Tuesday the 10th of January, 2006 at 7:30 PM to all parties interested in the appeal of William L. Giles, Jr.,25 Sunrise Drive, Bradford, MA 01835, for premises at: 400 Osgood Street„ North Andover requesting a Special Permit from Section 4, Paragraph 4.122.9.b of the Zoning Bylaw in order to establish a private for profit educational facility for one-on-one hockey-training on synthetic ice. Said premises affected is property with frontage on the West side of Osgood Street within the R-4 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on December 26, 2005 &January 2, 2006. iT ' K 400a:5 o�nySAm_o�Ccy�mczxW� N r � � m bTonov�o ' o ��wrv�o, Do��30Aow"=�?, Le alnotice 2005-038. 0' o�F ''� _ w°'F - -ZYoor m a,.,=w o g or��,ami,s���'019,-.5' 9090zoo L.Q-4. `S-$o M94PL 3 m �s<o om �,»� �rSm:,,c'o o A�a� or�_N�nov d gzy R= o wT�av ��o cS–m ��v°<o 3 m Lim a o�� a��TD pip 75 3 on e.LX �w m o w ,rnm m w.g vo��yZZ Z Nn�o o c D"3 01'r'4.*u1 8 <–�m orc 5 3 c.� °:o�fn0 g�c-01,A O 55�� Wco ++�omm m`r3�oy; a="g 3 .�w �-ai�a<o mmn Yii ; i�3�^» ...�o.�.ig• �$��•cc�•3 Uvg_gig °.0» t��i��yM Rf Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 No. Date NORTFI TOWN OF NORTH ANDOVER ° ; p BUILDING DEPARTMENT �►C°,P Building/Frame Permit Fee $ SSACHUS� Foundation Permit Fee x� I Other P. .Fee $ v r/ y46Pr 5 �W Dy 0 .e �,aio�• a ZBA 3J C 4. Date ...�. ..�.,1. �.." . OF NOR7H,� TOWN OF NORTH ANDOVER RECEIPT CHUS�t This certifies that.wt.. t.l..q.44..... .!.... i... .���"j....>J.. ..e..... has paid.4.... . �..1/1�.........0 K...... .....�D.. ... for.. .( ........1.` .V........ ... .� . ...........C. 07.(.... Received by....�!A/. ............................................... Department....... .... ...q �. .................................................................. WHITE: Applicant CANARY:Deportment PINK:Treasurer Zoning Board of Appeals North Andover Hearing No.: ZBA-2005-0058 Date: December 15, 2005 APPLICATION TYPE: SUBMISSION DATE: Special Permit Thu Dec 15, 2005 Applicant's Name: Owner's Name: NAME: NAME: 400 OSGOOD ST-William L.Giles,Jr. 400 OSGOOD ST-William L.Giles,Jr ADDRESS: ADDRESS: 380 WINTER STREET 380 WINTER STREET 400 Osgood Street 400 Osgood Street TOWN: STATE: ZIP CODE: TOWN: STATE: I ZIP CODE: NORTH ANDOVER MA 01845 NORTH ANDOVER MA 101845 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Work Location.: SITE ZONING: 400 OSGOOD STREET TOWN: SECTION OF BYLAW: NORTH ANDOVER,MA 01845 Section 4 GIS# MAP: BLOCK: LOT: ACTION TAKEN: 4848 1 094.0 0001 Reason for filing: SP from 4.122.9.b&9.2 for indoor Ice SkaSng facility in R-4. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Dec 13,2005 Wed Jan 04,2006 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Dec 26,2005 Sat Feb 18,2006 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Mon Dec 26,2005 Tue Jan 10,2006 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: Mon Jan 02,2006 1 Wed Mar 15,2006 Wed Mar 15,2006 MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS81998 Des Lauriers&Associates,Inc. i f a Town of North Andover Townoe*Tt,"s" `•" Office of the Zoning Board of Appeals Community Development and Services Divisior� RECEIVED 400 Osgood Street 'T ctvti, ('3_E`:K'S r.F'rfr ,E North Andover,Massachusetts 01815 2006 FEB 15 CH 10: 22 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 This is to certify that twenty(20)days Any appeal shall be filed within Notice of Decision have elapsed from date of decision,filed (20)days after the date of filing Year 2006 without filingof an appeal. of this notice in the office of the Dated Town Clerk,per Mas;.Gen.L.ch. Joyce A.Bradshaw Town Clerk 40A,§17 Propewly at: 400 Osgood Street NAME: William L Gftes,Jr.,25 Sunrise Drive, HEARWG(S): January 10,2006 Bradford,MA 01835 ADDRESS: for premises at:400 OsESd Street PETITION: 2005-038 North Andover MA 01845 TYPING DATE: January 20,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Mafia Street,North Andover,MA on 1luesday,January 10,2006 at 7:30 PM upon the application of William L Giles,Jr.,25 Sunrise Drive,Bradford,MA 01835,for premises at:400 Osgood Street(Map 94Paroel 1),North Andover requesting a Special Permit 5nsn Section 4,Paragraph 4.122.9b of the Zoning Bylaw in order to establish a private for profit educaltional b a7ity for one-on-ate hockey awning on synthetic ice. Said premise affected is property with froatage on the West side of Osgood Sued within the R-4 zoning district Legal notices were sent to all names on the abutter's list deemed by the Assessors Office of North Andover to be affected,and were published in the Eagle- Tribune,a newspaper of general circulation in the Town of North Andover,on December 26,2005&January 2,2006. M' The following voting members were present Ellen P.Mcla M Richard J.Byers,Albert P.Manzi,III,Thomas D. _W; Ippolito,and Richard M.Vaillanc ourt. The following non-voting member was present: Daniel S.Breese = Upon a motion by Richard I Byers and a by Richard M Vaillancourt,the Board voted to GRANT a Special Perak ~� from Section 4,Paragraph 4.122.9 of the Zoning Bylaw in order to allow a"Puca»asters"private for profit educatiionif c ._ facility for one-on-one hockey training on synthetic ice per Site: 400 Osgood Street Oft 94Parcel 1),North Andover MA 10845 :° `N u d Site Pfau Title: Asbuilt Plan of Land in North Andover,Massachusetts,prepared for 400 Osgood Street Nominee Tnus4 William F.Bannister,Trustee lei Parking Layout Plan prepared for:400 Osgood Street,Lot 94-1—North Andover,Massachusetts,Owner.400 Osgood Street Nominee Trust,do William Bannister,380 Winter Strut,North Andover MA 01845-140 Vol.5131:P&214(July 30, 1998)N.B.R.D.Plan#13919 0 Date(&Revised March 22,2002 Date:June 09,2004y Dates Land Surveyor& Joseph A Esposito,PIA#18923,Pembroke Land S ; Survey,P.O.Box 205 �... Registered Professional Salem,NH 03079&David C.Lioldwnen,R.P.E.1129381,KNA Keach- N Engineer Nordstrom Assoaates.Inc., 10 Commerce Park North,Suite 38NH 03110 Sheet/Dra . no.M-1261-1.,Sheet 1 of 1&Pwject No.9&%11-1,Sheet 1 of 1 Budding Plan Title Bannister Building Tenant Plans,North Andover,MA,Floor Plan B)r Jensen Stenbak Architecture,WcrioM Project Management,4 Auburn Road, Londonderry,New Hampshire 03053&Floor Plan Proposed Renovation [Tenant#4]Lot 94-1 Osgood Street,North Andover,MA&Elevations Renovation freaaat#41 Lot 94-1 Osgood Street,North Andover MA Date: 8 Oct 99 5 Nov 9918 Feb 00 Added Team#5 S Drawin No.:A-101&Drawing I&INwrigg 1 Page 1 of 2 [ ATTI,:ST1 A True Copy MAR Q _ BoaFdLUUU�of 979-698-9541 Building 9 UM9545 Conumtion 978-68& w 9530 Hh6 978-68&9540 PlWning 979-6M9535 Q c7 7!"7"v' Clerk BOARD Or APPEALS Town b -�^� Town of North Andover TownQerlcr=eslamp Office of the Zoning Board of Appeals RECEIVED Community Development and Services Division T0'M Uro '•c c IcE `�•��,.,: 400 Osgood street North Andover,Massachusetts 01845 1006 FEB 15 AM(Q: 22 Gerald A Brown Telephone (978)688-9541 Inspoctor of Buildings Fax (978)688-9542 MASS With the following condition: L Any change in use in the"PuclnaaseeeW,or Tenant"lean area,shall require the petitioner to return to flus Board for review and approval;especially for review and approval of parldog requirements for the 6ruildir& Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Mann,III,Thomas D.Ippolito,and Richard M. Vaillancowt The Hoard finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 of the zoning bylaw and that Wanting this Spacial Permit from 4.122.9.6 of the Nath Andom Zoning Bylaw for the one-on-one by gToiNinent, only"Punsters"training center will not adversely affect the neighborhood nor will this use be a nuisance or serious hazard to vehicles or pedestrians. The Board finds that the 400 Osgood site is an appropriate location for this use. The Board fords that adequate and appropriate facilities will be provided for the proper opeustion of the private for pmfit edu>catiotial facility. The Board finds that this use is in harmony with the general purpose and latent of the Bylaw,and such change,cdenimin or alteration shall not be substantially more detrimental than the existing suwtuure to the neighborhood. Note: The Wanting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the Wanting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a bolding permit as required by the Buftng Commissions. Phrther umv,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 only atter notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herds shall be deemed to have lapsed after a two(2)year period form the daft on which the Spacial Pam was granted unless substantial use or conmuction has commenced,it shall lapse and may be re- established only after notice,and a now hearing. Town of North Andover Board of Appeals, ml/ Ellen P.McIntyre,Chair Decision 2005-038. M94P1. Page 2 of 2 Board of Appeals 978-68&9541 Building 978688 9545 Consavation 978-88-9530 HeaM 978-,88-9540 Planning 978.688-9535 o ESSEX NORTH .r,y C)F Df=t_i:5 i G� f - i 381 Commu, Street 01840 03108/06 !'z!_,_d N'I !., MLES jr!, CT'1 ...u C. i_+v, C. P. ...._n,. r: 1 51.00 Total 75.00 H 18 Flyont Check 75.00 I R. of TT eedsD ►�w� � - Zoos , gOAFcD Or APPEALS i TOWN OF NORTH ANDOVER SPECIAL PERM1TiE1111E1 7,0�'J Z-1 I C 1 1,iC!: 1,,,r ZONING BOARD OF APPEALS (�- it. 53 NAME Wy-1 �LZH25,FEC 15 r'�M, TOM C" `Sl�mp ADDRESS OF APPEAL 0 0D M4 i",0 a-f�1 1!1)U Procedure & Requirements for an Application for a Special Permit Ten (io) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty QQJ days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them.The cost of the Party in Interest fee. Witioner will com late items that are unde_dined. I STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS" Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as STEP 9: DECISION: cited in Section 10 page 4 of this form. After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST. sent to all parties in interest. Any appeal of the Board's Office to compile decision may be made pursuant to Massachusetts The petitioner requests the Assessors a certified list of Parties in Interest(abutters). General Law ch. 40A sec. 17,within twenty(20)days after the decision is filed with the Town Clerk. S 5: SUBMIT APPLICATION: STEP_ STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one (1)original and 10 Xerox copies of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and(late the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 common St., Lawrence MA, and shall complete the Certification Office, and the 10 Xerox copies will be left with the of Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Department.. 7- IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services North Andover Town Hall 400 Osgood Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 Cc.#, 8,%## fax for all Community Development offices 978-688-9545 Building Department 978-688-9501 Town Clerk's Office 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office DEC 1 5 2005 PAGE 1 of 4 BOARD OF APPEALS -PAGE 2 OF 4 Date$Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number. (91,P) 373 e3eo *The 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: K97d') ,0,FS-e 90-7 x/00 0x9 '.C/ S� Wo ver, �-t'l a o rP mss' Years Owned.Land: 3. Location of Property: a. Street:4�0 6l e­C/ - Zoning District /�- b. Assessors: Map number Lot Number c. Registry of Deeds: Book Number 5-13/ Page Number: zip 4. By-Law Sections under which the petition for the Special Permit is made. n rr . 2) o 7 Z' a .-7 "Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: ono,- 'Pe_ o GiGr �6, G� Gva/-e he,ufc— a ��d'��.%�� t•� tPec ivr'! W /2Z e"9) �h) fc T/7t_ 4 6 /o✓! Cly rev f / r /� �,� y Lice � v ,� - /y h c2 Szy'M � � e / tee SG! � e *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. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % 37P 7 27 i�7. i 19,4/ 137.2 zz 9 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o� % 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Cover ge Feet Spaces Front, Side A, Side B Rear /2 00 /�g % /.00 2 3o i5 30 i ?. 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units*" 3o 5o0 *Reference Uses from the Zoning Bylaws&Table 1. *"State number of units in building. 7B. Proposed Building(s): IvIt Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units*" *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of his application as incomplete. Signature Type above name(s) here w< /` �,� �< /�f�� �r ����w► � NnJ ST�� Zoning BylaW Denial Town Of North Andover Building Department 400 Osgood St Notch Andover,MA.01846 Phone l7&094616 Fax 97111,411111146" StINt U U J Kant f fi F a c c�fi f tom. treat ? Pkww Ina advised rwjaw of your Application and Plana am Your Apphcdion is DENIED for the following Zoning Bylaw reasons: zoning 77 items Ilerrt A Lot Arc F Fronhga 1 Lot area Inwflickmt 1 F IrakrfiicieM 2 Area 2 Fro Com 3 Lot Area 3 4 Insufficient Infonoution 4 Insufficlwd InOOMNOoe 9 Use 6 No access over Frontage 1 Allowed M U G 1 Ow"uous BuHdWq Atea 2 Not Allowed t Ins dWent Arae 3 Use Preexisting 2 Com 31ho 4 spwWl Parmit Required Cf 3 PnOWdOft CBA f 6 Inwfflc lent Infornatlon 4 Inwffidwd Information IDSetback H Building Height IAll setbacks comply t Exceeds Maximum Front Inscdfidsrd 2 Can les Left Side insuMdent 3 M Right Side Insuflkderd 4 In3uMdOf1t Infannation Rear Insufficient 1 Bums Preexistingsetbacks 1 Cove exceeds maximum Insufficient Information 2 Cov Yllatarshed 3 Coverage PfeextsfirlgNot in Watershed E 4 Insuffident Ion In Watershed J Sign Lot to I0 24M 1 S n not allowed Zone to be Determined 2 S' n ComInsufficient information 3 InsuffidOnt Information Historic Dislrfet K PwkMO In District review raquired 1 Mae Parking Required 2 Not in di*id .r 2 Parking Can%" 3 Insufficient Infartnstion 1 13 3 Insufficient Information 4 1 Pro-existing Parkity Reined" for the above is dwkW bofow. b m s 1 SpedW Pwaft Phiumning Board Inns t Variance Site Plan Review Speciell Permit Sedwic Varance Access corer than FmnUw Special Permit Parking Variance Frontage Emeption Lot Special Permit Lot Arm Variance Common DrIVINANNY 8P@CW Permit tM Variance Housing Permit Variance for ftn Continuing Can Retirement SpecW Permit Spechd Patndb Zoning Board Indwwwlert Eklarly Haising SpWW Permit SpecialPemMt Non-Confoing Use ZSA Uwgs Estate Condo Special Permit Earth Removal Speciall Permit ZSA Planned Dywalopnent District Speciall Permit Spscild Permit Use not uded but Similar Planned ReeklerNhl Special Permit Special Permit for Sion R$DersKy Speciall Permit 3 Permit prowsyngnaroonformin Wetenhed Special Permit The above mNew and arcaded wapinelim of ouch Y bend an err plans and irvb,.mM a ftno ed. No dNbrYM review and or advice shd be beead an vabd dors by the appiant nor shd with- ' 'a¢rrdisrre by is appirant semlo pradde dMYYlfrs ensesre b es dwn feces for DENIAL Any Irsacusci s,rrtMaedr g YdM oft r Gr~srbsequwt 6.r4ee m the Wormdon eubrard by the eppkW dict be pends trr thb rnlew b bo vdit et es M 11 of es BdA*V Dsprbrsnt T1s albdsd doanat god-PYn Review NarnMsr dict bo dbwW here"ad' I honor by reNrerr I The h*A&g dapaI -we rehin d phis end doaa w M m for es above Ifs.You mud fie arm bukling pant wowion torn and bedn es l --- pacwe� e,/ _ e� d Builds Department Official ipnibrrre Application Reo ed isd Plan Review NarndW The following nartailve Is povided to further explain the reasons for denial fir the application) permit for the property indlc@W on the reverse side: IMIII fts" ?w Dwdd. 1�I�IIOi• t __ ' . .. —4AI f 12 Refer. To: Fire Hsalrh Police Zoningt3osrd Consoystim Depwbnwd of PubNc Worm Planning Hlstoricei Commfssfon othw BUILDING DEPT TO: North Andover Zoning Board of Appeals FROM: William Giles Jr. 25 Sunrise Drive Bradford, Ma 01835 DATE: December 14, 2005 The following addresses points 1 through 6 of item 9, of the Special Permit Form. 1. The particular use of the land or structure I am requesting to use 5000 square feet of the existing structure at 400 Osgood Street, North Andover, Massachusetts for a one-on-one hockey-training center. The training center is a "Puckmasters" franchise, which will be owned and operated by William Giles Jr. Puckmasters concept utilizes accelerated learning g t echntques to teach hockey skills to youth hockey players via 30-minute one-on-one training sessions. Puckmasters has developed several different programs from a basic 48 skills program to position specific mastery programs. Students referred to as members come to Puckmasters every week to work on their skills with a personal coach. What makes Puckmasters unique is that the sessions are taught on personal size synthetic ice rinks. The training sessions will be offered "by appointment only"which means there will be no traffic-generating walk-in trade. The facility will conduct training during the week from mid-afternoon to early evening hours and on the weekends during the day. Typically two one-on-one training sessions are taught simultaneously on the rink surface. Larger group training of 4-6 members would be offered during the weekend hours. The proposed training center will consist of one 30x70 synthetic ice rink, small office, conference room, two changing rooms, coach's room and an existing bathroom. Weekday parking requirements during simultaneous one-on-one sessions would consist of 4-5 spaces including the coaching staff on duty. Drop-off situations would also be prevalent thus reducing the number parking spaces being occupied. 4 As stated previously, larger group training would be performed on weekends, as parking appears to be ample during that time period. 2. This specific site is an appropriate location for this use Warehouse type space is the most logical and appropriate use for this hockey- training venture. The requirements are typically first floor, open space and high ceilings. This criterion is difficult to locate in other buildings where office space is the primary use. Furthermore, a precedent was set by the zoning board for two other educational/training businesses located at 400 Osgood Street North Andover. On December 19, 2000, Paul K. Soucy of One-to One Strength Training was granted a Special Permit by the North Andover Zoning Board of Appeals to operate an educational facility offering physical conditioning and health management. The petition number was 042-2000. (See attached "Notice of Decision" on behalf of Paul K. Soucy) Additionally, on July 21, 2004,Julie Paige Gediman of The Paige Conservatory of Performing Arts was also granted a Special Permit to operate an educational facility offering performing arts study. The petition number was 2004-019. (See attached "Notice of Decision" on behalf of Julie Paige Gediman) It is evident that Puckmasters is compatible with both Mr. Soucy's venture as well as Ms. Gediman's in that all three businesses fall under Section 4.122 (9) (b), a for-profit educational facility requiring a special permit. 3. There will be no nuisance or serious hazard to vehicles or pedestrians The structure at 400 Osgood Street is set back approximately 150 feet from the road. The nature of the business described above will in no uncertain terms affect the surrounding neighborhood or be a nuisance to vehicles or pedestrians. Under the current use as a warehouse, the potential for an increase in the amount of large trucks accessing Osgood Street is probable. This potentially could have an adverse effect on the neighborhood. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use Improvement of the proposed facility will be in accordance with the building regulations of the Town of North Andover. Prior to any build out, a building permit shall be obtained. cx As indicated by the submitted floor plan drawings, the addition of a small office, conference room, two changing rooms and a coach's room will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of the Zoning Bylaw Puckmasters is a very unique hockey training facility, as it is one of the first one-on-one hockey training franchises founded in 1993. The training and educational format satisfies the use and is in harmony with the purpose and intent of the Bylaw Section 4.122 (9) (b). 6. Specific reference and response to the criteria required by the particular Special Permit for which the application is made The facility will use the existing lot and building. A response to this criterion is "not applicable". Town of North Andover o•No"*M Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 ' a Telephone(97.x, 88.,05 -1 P L,.: �c1 D. Robert Nicetta Fa:►(97'8y'�88-�}S Building Commissioner Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: for premises at:400 Osgood Street, 7NAME: Julie Paige Gediman,8 Hitchcock Farm HEARING(S): July 13,2004 Road,Andover,MA ADDRESS: for emises at:410 Osgood Street, PETITION: 2004-019 North Andover,MA 01845 TYPING DATE: July 21,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 13,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Julie Paige Gediman,8 Hitchcock Farm Road,Andover,MA,for premises at:400 Osgood Street,North Andover,requesting a Special Permit from Section 4,Paragraph 4.122.9(b)and Table 1,and Section 9, Paragraph 92 of the Zoning Bylaw in order to allow a non-conforming use in a portion of a pre-existing building. The said premise affected is property with frontage on the West side of Osgood Street within the R- 4 zoning district The legal notices were published in the Eagle Tnbune on June 28&July 5,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J. Byers,and Albert P.Manzi,Ell. Upon a motion by John M.Pallone and 2°d by Richard J.Byers,the Board voted to GRANT a Special Permit from 4.122.9(b)and Table 1 of the Zoning Bylaw to allow The Paige Conservatory of the Performing Arts to use a portion of the pre-existing building at 400 Osgood Street for classes in dance,acting,and musical theater per Bannister Building Tenant#2 North Andover,MA,Floor Plan/Tenant#2 Plan,red outlined Proposed Paige Conservatory,Drawing,No.:A-101,by Jensen Stenbak,Architecture and Interiors,4 Auburn Road,Londonderry,New Hampshire 03053 and Plan of Land:400 Osgood Street,Lot 94-1 —North Andover,Massachusetts Owner:400 Osgood Street,Nominee Trust,clo William Bannister,380 Winter Street,North Andover,MA 01845-140,vol. 5131;pg.214,(July 30, 1998 Date:June 09,2004,Project no. 98-0811-1 by David C.Liukkonen,RP.E.#29381,Keach-Nordstrom Associates,Inc., 10 Commerce Park North,Suite 3B,Bedford,NH 03110. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P. Manzi,III. The Board finds that the applicant does not require a Special Permit from Section 9,Paragraph 9.2;private, for-profit educational facilities are allowed in R4 with a Special Permit. Also,the Board finds that the applicant has satisfied the provisions of Section 4.,Paragraph 4.122.9(b)of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing usage(temporary Town Hall)to the neighborhood and that the student age and maximum class size of 14 will not require more than the existing 25 parking spaces. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978.688-9530 Health 978.688-9540 Planning 978.688-9535 Z 'd 2*bS68898G6 d3AOtIWd HINOW e T E : T T SO Ll AoW j Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division _� • 27 Charles Street North Andover,Massachusetts 01845 'sa�Cs� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 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 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,it shall lapse and may be re-established only after notice,and a new hearing Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair 2004-019. M94P1. Page 2 of 2. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978.688-9530 Health 978-688-9540 Planning 978-688-9535 E 'd 2tS6B698G6 83AoaWU H1210W eTE : TT SO GT noN Town Of North Andover a4y40 pT vy y� RECEIVED Office Of the Building Department JOYCFY�gg p; TOW�� �ty Development and ServicesDivision William J NORTH ANDOVER J. Scott, Division Director yes�`;,,:;•��, 27 Charles Street "°SE typp_#C All= I �JortFt Andover, Massachusetts 0"1945 Telephone (9'78) 688-954-5 D. Ro ce Fax(978)688-9542 Building Commissioner Any appeals shall be filed NOTICE OF DECISION within(20)days afterUie Year 2000 date offiling ofthis notice Property at: 400 Osgood Street in the office of the Town Clerk. NATE: Paul K Soucy,of DAM 12/19/20(x) One To One Strength Training;,Inc. ADDRESS: 400 Osgood Street PETITION: 042-2000 I North Andover.MA 018.15 HEARING: 12/12/2000 The Board of Appeal's held a regular meeting on Tuesday,December 12,2000,at 7:30 PM upon the application of Paul K Soucy,d/b/a One To One Strength Training,Inc.,400 Osgood Street, North Andover,MA as a Party Aggrieved of the Building Inspector and for a Variance from the requirements of ST P7.3,for driveway width and from Section 8, Supplementary Regulations to allow for less than the required number of parting spaces,and for a Finding from Section 4.122,P 9.b(private for profit educational facilities)in order to allow for the permitted use of a"physical conditioning clinic"within the R-4 Zoning District. j The following members were present:Walter F. Soule,Raymond Vivenzio,Robert Ford,John Pallone,and Scott Karpinski. Upon a motion made by Robert Ford,and 2nd by John Pallone, the Board voted to uphold the decision of the Building Inspector and to deny the Party Aggrieved portion of the application,voting in favor: Walter F. Soule,Raymond Vivenzio, Robert Ford, John Pallone, Scott Karpinski. i Upon a motion made by Robert Ford and 2"d by John Pallone the Board voted to GRANT a VARIANCE on parking of 34 parking spaces from a requirement of 61 down to 27 parking spaces on the condition that any change in use in any portion of the structure shall require the petitioner to return to this Board for review and approval of parking requirements for the building pursuant to authority granted by the Board from 58.1.5 of the zoning bylaw. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made by Robert Ford and 2nd by John Pallone the Board voted to GRANT a VARIANCE from S7,P 8.1.7 for 3'in aisle width in two locations to allow for use in this district and on this site,as shown on the Plan of Land prepared for 400 Osgood Street,by: David Liukkonen,#29381,KNA, 10 Commercial Park,N.Suite 3B.Bedford,NH.03110,dated October 2000. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made by Robert Ford and 2nd by John Pallone the Board voted to find in favor for private for profit educational use in the R-4 District in order to allow for permitted use of a physical conditioning clinic as a permitted use in that district and moved that the Board GRANT a SPECIAL PERMIT to allow this use on 400 Osgood Street. Voting in favor: WFS/RV/RF/JP/SK. Page I of 2 BOARD()!Oi':VIN-:.'i,S 618..s,-,,�i•l] i:'•lal.11l\G ii\\'? 1 C(»�I';K\.\"!"i:?\G3:i'i531i 41E 1::t fI f,S1? 4(? !"..:�' \"I�:Ci iiti�!)` 5 'd Zf+S68898L6 83AoaWd Hi210W e T E t T T 90 Ll noW Q ' Abutter to Abutter( ) Building-Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listina 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 oppositeon any public or private 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,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." Subiect Property. MAP PARCEL Name Address 94 1 William Bannister,Jr 380 Winter Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 94 2/3/4/5 Town Of North Andover 120 Main Street,North Andover,MA 01845 102 7 Clive Gamble 436 Osgood Street,North Andover,MA 01845 102 3 Arthur Larson 440 Osgood Street,North Andover,MA 01845 95 49 Francis Murphy 12 Harkaway Road,North Andover,MA 01845 95 50 Lindon Pulley 18 Harkaway Road,North Andover,MA 01845 95 56 John Enright 55 Camden Street,North Andover,MA 01845 95 12 J David White 374 Osgood Street,North Andover,MA 01845 95 19 Paul Rhodes 663 Lockwood Avenue Webster Grove,MO 63119-3540 95 19-1.A Dennis Rusch 21 Concord Street,North Andover,MA 01845 95 19-2.A Elba Morency 23 Concord Street,North Andover,MA 01845 95.A 54 Robert Zuzack 54 Millpond,North Andover,MA 01845 95.A 55 VSM Realty Trust 9 Bartlett Street,Andover MA 01810 95.A 56 Dutie Wilson 56 Millpond,North Andover,MA 01845 95.A 57 Suzanne Armstrong 57 Millpond,North Andover,MA 01845 95.A 58 Lauren Segee 58 Millpond,North Andover,MA 01845 95.A 59 Richard Artenstein 59 Millpond,North Andover,MA 01845 95.A 60 Brian McCarthy 60 Millpond,North Andover,MA 01845 95.A 61 Boris Ostrovsky 42 Broadlawn Drive,Chestnut Hill,MA 02467 95.A 62 Andrew Silverman 62 Millpond,North Andover,MA 01845 95.A 63 Kenneth Straus 63 Millpond,North Andover,MA 01845 84 29/13/14 Town Of North Andover 120 Main Street,North Andover,MA 01845 84 24 Stoneham Savings Bank 359 Main Street,Stoneham,MA 02180 84 11 Paul Tusa 53 Concord Street,North Andover,MA 01845 84 12 Slipkowsky Rev.Trust 46 Concord Street,North Andover,MA 01845 84 10 Teresa Hickey 43 Concord Street,North Andover,MA 01845 84 15.A Lynette Carpenito 59A Concord Street,North Andover,MA 01845 84 15.6 Kemberly Thibeault 57B Concord Street,North Andover,MA 01845 84 28A/28-2C Santo Mangano Irrrev.Tr. 90 Main Street,Andover,MA 01845 84 281 C/283C Santo Mangano Irrrev.Tr. 90 Main Street,Andover,MA 01845 84 284C/285C Santo Mangano Irrrev.Tr. 90 Main Street,Andover,MA 01845 84 28B E&S Realty Trust 565 Chickering Road,North Andover,MA 01845 84 28-2B Margaret Gorham 362 Sea Bass Drive,Fripp Island,SC 29920-9795 84 28-3B Ronald Wedge 104 Margin Street,Haverhill,MA 01830 84 28-4B W.J.P.Realty Trust 585 Chickering Road,North Andover,MA 01845 84 28.6C Kenyon Realty Trust 595 Chickering Road,North Andover,MA 01845 84 2811 B/12B Juba Realty Trust 555 Salem Street,North Andover,MA 01845 Page: 1 of 2 This certifies that the names appearing on the record of the Assessors Office as of Oertified Date f 28-24 Steven Quinn 24 Bunkerhill Street, North Andover, MA 01845 28-26 Gary Graf 26 Bunkerhill Street, North Andover, MA 01845 28-30 Frank Bartashy 30 Bunkerhill Street, North Andover, MA 01845 28-34 Carrie Sampson 34 Bunkerhill Street, North Andover, MA 01845 28-36 Scott Flores 145 West Adams Street, Summerville, MA 02144 28-67 Richard Farrell 67 Concord Street, North Andover, MA 01845 28-1 B Santo Mangano Irrrev.90 Main Street,Andover, MA 01845 page 2 of 2 This certifies that the names appearing on the records of the Assessors ffice as of Z- , Certified by: ate 1ao•—�' EXA 2 8 2 ERT.DQT IT BENCH 18' BENCH EXIST.y.71ttlUlIJIM COL mp) 7R1'0)0M x Wx14 X 16 1o'X10 mw g OFFICE m LOCKm OCKER ROOM 2 io .I $0 %0 ..v.. E)WT. EW I in O 1KU$ROOM TOILET GATE(�ryp,) 70'X 30' . SKATDi(i I@IK o a DOWN 18"JBENCHI11•_0^ HALLWAY ADJACENT TENANT Z I� m 15' X 12' CONFERENCE ROOM II � ABOVE I15' X 10' «�mp•) COACHES ROOM II 19' Et3lCH C BELOW 18" BENCH E7QSf. FXR ADJACENT TENANT EXET EXR 0 5 10 515 20 FEET SCALE: 1"=5' FLOOR PLAN PROPOSED RENOVATION BY. DATE LOT 94-1 OSGOOD STREET DESIGN: NORTH ANDOVER, MA DRAWN: CHECKED: Drawing N REVISION BY GATE IN CHARGE 1 .i 1 i i ao o � — CONFERENCE CONFERENCE ROOM ROOM ADJACENT TENANT 11 EXISTING BEAM IN FOREGROUND I a � ROOM LOCKER M COACH LOCKER ROOM ROOM 2 SKATING RINK SECTION A SECTION A e SCALE 1"=5' 1 SCALE 1"-5' 1 F } 0 5 10 515 20 FEET I SCALE: 1"=5' i i ELEVATIONS i PROPOSED RENOVATION BY: DArE LOT 94-1 OSGOOD STREET DESIGN: NORTH ANDOVER, MA DRAWN: CHECKED: Drawir .o N0. REVISION BY DATE IN CHARGE 2 MAP ft MAP AP �--� TOWN OF�NORi ANDOVER OF WORTH ANDOVER ARRTHUR o LOLARSON NOTES: 120 MAN STREET 120 MAIN STREET 440 OSGOOD STREET 'v N. ANDOVER, MA 01845 N.ANDOVER,MA 01845 N. ANDOVER,MA 01845 1. REFERENCE THIS PARCEL AS NORTH ANDOVER ASSESSOR'S MAP 94; PARCEL 1. 2. TOTAL AREA OF PARCEL IS 254,575 S.F. OR 5.844 ACRES. 3. PARCEL IS LOCATED WITHIN THE R-4 ZONING DISTRICT IN ITS ENTIRETY. _ 0 4. BUILDING SETBACKS: REQUIRED PROVIDED — — _ _ _= o — EXIST• CUR_B (TYP.) FRONT 30' 147.1'1 — — SIDE 15' 19.4'± / 137.2'± REAR 301 229'± OOESS ROAD EXIST. EOP )"' r "� \ N �{ do 5. TOTAL LOT FRONTAGE IS 514.75± L.F. N•A• •c A — — — — \\ O \ 6. OPEN SPACE - 202,046± S.F. PERCENTAGE OF LOT COVERAGE - 21X 00= S 35-5418 E �� \ \ 870.98 kp DOOR >� �`��� \\ AY ROAD a x 94-1 �`,� � \\ HARK ANN Ito254,575 SQ. FT. \ 5.844 ACRES 3p'5pp SFf �XISTING E ' p 3051OUSE ` �Y � \ WARE N 100.8t DOST.STARS �.µ \ MAP 95A; LOT 9 MILLPOND HOMEOW*RS h �O Is'R\ \ o ESSEX MOMT.CROLF ASSOCIATION \ P.O. BOX 2088 HAVERILL, MA 01831 J1 \ \\ ZONING BOARD OF APPEALS MAP 84;WO OF NORTH ANDOVER ► MAP 94; LOT 2 120 MAN sTREET TOW OF NORTH ANDOVER \ N.ANDOVER MA 01845 120 MAIN STREET \ \ N. ANDOVER,MA 0/843 \` \ GRAPHIC SCALE40 \� ` 0 20 40 80 160 ( IN FEET ) 1 inch = 40 ft. PROJECT N0. 98-0811-1 ��J/�\jQ PLAN OF LAND: 10zVTSTOT4s LCL t �i1Cfl—NORASTROY ASSOCUlI�S INC 0 � NO OSGOOD STREET wee » tuN 1>s1E:JUNE 09, 2004 400 OSGOOD STREET NOMINEE TRUST C/o WILLIAM BANNISTER SCATS:1' - 40' 380 HINTER STREET ale yti� r ft I . NORTH ANDOVER, MA 01845-140 SHORT 1 OF 1 ,a�....»..� • .�. a�+��„r.(on)"'-"" LOT 94-1 — NORTH ANDOVER, MASSACHUSETTS VOL 5131; PG. 214(JULY 30, 1998) ©COPYRIGHT REUSE OR REPRODUCTION OF THE CONTENTS OF THIS DRAWING IS NOT PERMITTED WITHOUT WRITTEN PERMISSION OF JENSEN STENBAK DATE 1 REVISION 5 Nov 99 1 18 Feb DO Added Tenant N5 EXISTING ELECTRICAL PANEL NEW 12'X 10'(H)OVERHEAD DOOR NEW 3'-0"X7'-0"DOOR NEW 3'-0"x7'-0"DOOR I 1 BRACE I EXTG. I gRgC I I�BRACE E4 El� E1 �1 E4 E4 E/ 0 R., 2HR.FIRE SEPARATION WALL 1 q i l ELECTRICAL LEGEND ,�p r i i i i '•= i EXISTING WALL(NPJ 0" 1 -6' '�bE1 1 I I El-EXIT SIGN W/EMERGENCY 41GH•i1NG I I " RAME FOR FUTURE DOOR I I I I TENANT#I F I I E2-EXIT SIGN ( ]•E•N•S•E•N TENANT ea 2'B" b I j I I 2HR.FIRESEPARATION WALL I I I E3-EMERGENCY LIGHT WITH R�M9q€HEA..)(S) 1FIRE I I E4- EMERGENCY LIGHT(2 HEAD;!2 HR.FIRE SEPARATION WALL SEP. m TENANT#4Z=COMMON AREA o EIWALL ES- REMOTEHEADnI -4c14E 6" 119._6.• 4 6" 23._6•• .• -0" 2'-0" .10'10" I'84'_0 a 90•_4•• 6" '-0" r<h.ter+n rr El. ;. ._. ,°'-a.1-2 ........._._._L_.-._.-__._.-.�._._._.-._.-.�..-.6 / IRIDGE HEIGHT 20'-0'41 1' AREA CALCULATIgN II1B1`"rs I I I E4trt El 1 I I � pr ojec! ,,gy�pp 2 HR.FIRE SEPARATION WALL I I E '�` I I El' I TENANT#1- 6,6495E mnnngeneenr 'W EI I I HR.FIRE SEPARATION WALL0" '-4" B" 35'-111/2' I 48'-0" I 107'-61/2" TENANT#2- 9;2765F TENANT#3- 1,160 SF 4a,bnrn road I I I 1 I I I I londonc(crry,nr,�� ea h—Mbire03o53 E jOl 425'51It ilk I I TENANT#5 j j TENANT#4- 4,7925E I II TENANT#5- 6,2035E I 1 .—SEE ENLARGEMENT I I I I I E9 I BELOW I COMMON AREA- 2,7165E i I I Ea I I I I El E4 EAVE HEIGHT 16'-0"i 1 I I I i I I BRACE I i BRACE I I BRACE I I NOTES. �I 1. NOM.6"WALL:2 HOUR FIRE SEPARATION WALL:358 ST 20 @ 16"O.C.,(2)LAYERS 5/8"F.C.GYP.ORD.EACH SIDE,FILL FLUTES/TOP OF WALL W/INSULSAFE,SEAL W/ FIRE CAULK,FRAME DBL DOORS(4 TOTAL)-TO DECK ABO VE FLOOR PLAN 2. NOM.5"WALL:358 St 25 @ 16"O.C.W/5/8"F.C.GYP.BAD.EA.SIDE I/16••=1•-0•• 3. NOM.7"WALL:60 ST 25 @ 16"O.C.W/5/8"F.C.GYP.ORD,EA.SIDE 4. F/L=FAN/LIGHT Z 5. CH=CEILING HEIGHT 1J1 Q 6. A.F.i.=ABOVE FINISH FLOOR _j C LC ao a CC 4 a W a O fa s O c LL Z F— z Z m Drawing No.: At n<n Btaiq•1IAI Job No.: fflnol Met Bs and Bonn dsDesctiotion - _ _ _ - FOUND 4".1oke SITE Beginning at a Massachusetts Highway Bound on the northeasterly side of Osgood Street,said bound .�! SMH C"gge HICH being approximately one-hundred-ninety-one(191)feet northerly o£the centerline of Harkaway Street; rvrS�C�H,,ocL thence S 82"-5T49"W a distance of 83.32'to the point of beginning; - / ! RIM ELEV C IN 9' thence turning and running along Osgood Street S 36°54'00"W a distance of 319.65 to a point; NORTH A /.h/M INV. 8" PVC OUT 93.99 qS` <'thence turning and mm�ing atong Osgood Street S 43°2110'W a distance or 58.82'to a point at the _... . ..._. . . -. __ ._ _ -. ._..- .- _. . ... .._ _ - __ _._ .. ._. - .- IGH-SCHOOL ER N! -, .. 7A8 _94.0' - :... ,.8 _ . _. __... .. -.. _ _ _ _ _ _- _ _ �"I{ - _-...MECO.._.- _ LE.EL_ .BORcrvEwc northeasterly comer of land now or formerly belonging to the Town ofNorth Andover; -__ �_"S K - .thence Hurting and rtm ung along land now or formerly belonging to the Town of North Andover N 23'57'30"W a distance of 1060.82,to appoint; EUGE OF PAVE -'}•_ _- m> ST thence turning and running along land now or formerly belonging to the Town of North Andover .N 73°41'37"E adistance of 184.65'to aPD m• -103 p` _ _- 3 f_ c+\ BOTTOM OF POND o POND - e - _ v ELEV. 94.4' K - thence turning and running along land now or formerly belonging to the Tony of North Andover c_ - ''� _ S33°54'18"Eadistance of870.98'tothe point ofbeginning. too'BUFFER FROM WETLAND '0. LOCUS PLAN GlO _ A LOT.4 // '>V` - 98• Oi' MCO 71 1 �.� 94 TF1 OVER 7 // 870. #3�i5A \\ e J; STONE MOF NOR ANP AGE 33 /L - 7 / KLER �3 ' z t `1INV. \file . �\ OO ©OUND CONN g00K 1170 1 �i ..� SPRINS ': o` '\ , ,`96.8. E.N. R-D' TREELINE _ % VAVlE °' � ___ __.._---' � �Z. �'k ,{ •,, RIIbRAP V\ \ � ,� ,� � H A RO A� N •Fj4 6•' / _�"-,� �^ _ _ ��j `c .�STANDIN\ - SIGN\ n2 S 33 1 rlu. �' .`p., ! - :`., 6 `f 11n tw '\ t WATER \\�0.\ WG MECO #3375A MESAL. 1NG D TNG -j 39S AIN V. II :1'1 l �, \!\'.`r CATCHBASINgl)ILD K �qv qp 97.03' 1 t 1 t RIPRAP 41M ELE SSORY r''• METER.. FIRE ':MAI -�O-I. ',.✓1, '-11� - W ., V 99 42 IST1N •.......................�,AS ....ALARM.... L OX yyjj LINE . ".v .' '�� G� INV. iY -RCP IN 9592' EDGE OF WETLAND EX "ppPROX WATERS \ .�& UT AC UNIT i Fh C,F PAS. 12" RCP OUT 95.95 25'NO DISTURBANCE ZONE APP GRASSCVRg c G 09 ii 50' NO CONSTRUCTION ZONE / / 4r, Ac N� DMH 1 _ ``\ _ � / 0,1�G-. l INV. 9V' � RIM ELEV. 9913' �j,,0--DRAINS— 9643'-'G��--- o- INV. 12' HDPP IN 96.19' -9i - \ OFR- G �y INV, 12" HDPP OUT 96.25' d�T_. Jt �� SUMP 93.5' Ij- \ W —=-= C^�\ �/. I --._. . . LIMIT OF WORK /S-TOEIRJ OiS 00 LP � � FORMER LOCATION OF ' ''� /INV. RCP INr95.97' h \c .A i� '�.'�-_l•ry IL: ._.HAY BALES_ WITH 8" HOPP -. - _ REDUCER 1, IM MAP 94 LOT 1 I ---' --- A�'IMO A\ AL EDGE OF WETLAND 9j 0� "� MH8 (FOUND 1997, 254,575 S.F. NI ��. TE \ y NOT FOUND 1998) W 2 rl (0��` iLc � 25' NO DISTURBANCE ZONE oc� 5.844 ACRES MI A71 c . NZ4 - '-I `� \` t5•. 50' NO CONSTRUCTION ZONE QEOD - J� _BROOK _ FL _ .r.0. OW 00 Z 0. O nom I a\ a N 23'57'30" W 1060.82' Oo � 2 MAP 94 -LOT 2 rp `U o TOWN OF NORTH ANDOVER �* Z E.N.D.R.D. BOOK 1116 PAGE 264 ^ O ^ p 3 - Ln o � rn ~ m � a rn tJ O �^ O W N Fj N 0 Om iz 40 O Oip .�O 01 Lil X WAYNE STREET 10 m I L ROD I.P. FOUND FOUND- ' STUD FOUND . -�� GRAPHIC SCALE REFERENCE PLANS: NOTES: m 1. "PLAN OF LAND IN - NORTH ANDOVER, MASS. - FORMERLY OWNED BY - J.P. STEVENS COMPANY, INC.", SCALE:1"740', DATED JUNE 1968,BY, 1. THE CURRENT OWNER OF RECORD OF LOT 94-1 IS 400 OSGOOD STREET BRASSUER ASSOCIATES.- NOMINEE.TRUST IN CARE OF WILLIAM F. BANNISTER, JR. TRUSTEE. THE t IN FEET) ASBUILT PLAN OF LAND DEED REFERENCE TO THE LOT IS VOL. 5131, PG, 214, DATED JULY 30, 1 inch= 40 fL IN 2. "PLAN OF ROAD - IN THE.TOWN OF - NORTH ANDOVER - ESSEX COUNTY - 1998'IN THE.N.E.C.R.D. 41 LAID,OUT AS A STATE HIGHWAY BY THE.- MASSACHUSETTS HIGHWAY NORTH ANDOVER, MASSACHUSETTS COMMISSfON ".SCALE 1'=40`;DATED JULY 5,1911: 2. THE TOTAL AREA OF LOT 94-1 IS 254,575 SO. FT. OR 5.844 ACRES. PREPARED FOR 3. ZONING FOR THG LOT IS RESIDENCE-4. BUILDING SETBACKS ARE 400 OSCOOD STREET NOMINEE TRUST -3 "PROPERTY LINE PLAN­ LAND iN - NORTH ANDOVER, MASS. - AS SURVEYED 7 MMor +SETIZ7 z1uuT 17'7 PtO F FOR - TOWN OF_NORTH ANDOVER - SCHOOL DEPARTMENT", SCALE:1"=100', FRONT=30'; SIDE=15, AND REAR=30'. 7u�swOWry PP7 71-3 i,,1A1 Ai�x=9'Eli, DATED JULY 1970, BY MORSE AND.MARTIN,N.E.R.D. PLAN //6279. 4: "PLAN Dr4DPVG ExlsrrvG Or,uEasxr r*r WILLIAM F. BANNISTER, JR., TRUSTEE 4. THE COCHICHEWICK BROOK WAS NOT.LOCATED IN THE'FIELD. THE LZ ZSOPT�R'§i:ETS LYU 1.3x5 7u " OF LAND - LOCATED IN :- NO-ANDOVER,•MASS. SCALE:1"=40', DATED THAW OF PrmZIC t3a PJVATTE S-2E r'M s LOCATION WAS DIGITIZED FROM THE.ASSESSOR'S TAX MAP. SEPTEMBER, 1969, BY CHARLES E. CYR,C.E. L.C. PLAN #36426A. 91�Ps ALIGVAPYES'TiBMS53Li',AND TRA?90 5. THE'LOCATION'OF THE UNDERGROUND ON-SITE SEWER UNE AND / �F%sFl)i?Dlt?S}ONOF!•smvG0`W-,,,R PEMBROKE LAND SURVEY COMPANY . s&ZFSORFr11ZNF:i':ar vSR^SrfGR nr., 4:.."PLAN OF LAND'IN NORTH ANDOVER MASSACHUSETTS - PREPARED FOR - WATER::LINE LOCATIONS WERE TAKEN FROM THE SITE PLAN, NORTH ANDOVER PO BOX 205, SALEM, NH 03079 . .'400:OSGOOD STREET NOMINEE._TRUST", SCALE:1"=40', DATED AUGUST 27, - - ZONING BOARD of PO BOX 491, NEIfBURYPORT, MA. 01950 7998, BY.THIS:OFFICE 6. THE EDGE OF.WET SHOWN T.0 THE SOUTH, WEST AND NORTH OF THE APPEALS BUILDING WERE TAKEN FROM REFERENCE PLAN #6. -tel lek 5. .'iKON 'RESIDENTIAL SITE PLAN.PREPARED FOR: 400 OSGOOD STREET.,- LOT os. � ' SCALE DATE DRAWING jvo 94 1 -.NORTH' ANDOVER :MASSACHUSETTS", SCALE:1"=20', DATED SEPT. 7. SEE ALSO FINAL.ORDER OF CONDITIONS DATED 12/3/98, �.. s-_Fs `�.? 1"=40' MAP.CH 22, 2002 M-1261-L 1998, LAST REVISED 11/11/98; BY KEACH-NORDSTROM ASSOCIATES, INC. DEP FILE•#242-940. a . Imo t r I CERTIFY THAT I HAVE CONFORMED j3 r M. REVISIONS _ JOB # 1998-41 6 EXISTING CONDITIONS, PLAN'OF LAND'LOCATED AT - 400 OSGOOD STREET W TH THE RULES & REGULATIONS OF NORTH,ANDOVER,:MA PROPOSED FUTURE LOCATION OF - NORTH. FB f5/,52, ANDOVER YOUTH. CALE CENTER S :17=40`,DATED THE REGISTERS OF DEEDS IN SEPTEMBER 1,.1995. PRE 1y . PARING THIS PLAN. SHEET 1 OF f P PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Special Permit must be supported by a n Size of plan: Ten (10) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11 1x171', preferred scale of 1"=40' detail all facts relied upon. When requesting a.Special Ilq One(1)Mylar. Permit from the requirements of MGLA ch.40A, and the IIn Plan prepared by a Registered Professional North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor,with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points, 1-6,are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: 1) Site Orientation shall include: 1:The particular use proposed for the land or structure. 1. north point 2.The specific site is an appropriate location for such 2. zoning district(s) use, structure or condition. 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands (if applicable) vehicles or pedestrians. 5. abutters of property, within 300' radius 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure 5.The use is in harmony with the purpose and intent of t 7. deed restrictions, easements. Zoning Bylaw. m Legend&Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed features in solid lines&outlined in red required by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made (i.e.the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record, and designer or Each application to the Zoning Board of Appeals shall surveyor. be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Clerk's Office and,ZBA secretary.at least thirty(30) days Minor projects, such as decks, sheds, and garages, prior to the public hearing before the Zoning.Board of shall require only the plan information as indicated with appeals. an. asterisks(*). In some cases further information may be required A set of building elevation plans by a Registered Architect may be required when the application 11. APPLICATION FILING FEES involves new construction/a conversion/and/or a A. Notification fees: Applicant shall provide a proposed change in use. check or money order to: "Town of North Andover- #022-1760-4841"for the cost of first class, certified, 10 A. Major Projects return receipt($4.42 as of November 2003)x#of all Major projects are those which involve one of the parties in interest identified in MGLA ch. 40A§11 on the following whether existing or proposed: abutter's list for the legal notice check. Also, the I)five or more parking spaces, applicant shall supply first class postage stamps II)three (3) or more dwelling units, (currently 37¢)x the#of parties of interest on the abutter's list for the decision mailing. III)2000 square feet of building area. B. Mailing labels: Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8" (3 copies Major Projects shall require that in addition to the above for the Legal mailing and one copy for the Decision features, plans must show detailed utilities, soils, and mailing). topographic information. C. See 2005 Revised Fee Schedule. 4444 A Special Permit once granted by the ZBA will lapse in 2(two)years if not exercised and a new petition must be submitted. FFFE- Plan Review Narradve The followirtp nonaove Is povided to further e*Wn the reasons for denial for the aWicat n, permit for the property indicated on the reverse side: Ildar Irr�rMtfor DOW, 4AI ,(t Rohn.ad To: Fin i Nam Police Zoning Board ; Conservation Depwbrwt d PubNc Worts I Planning Histoicel Conmhugon other BUILDING DEPT o d.•"� �• Zoning Bylaw Denial Town of North Andover Building Department 400 Osgood St.North Andover,MA.018" Phona fi7i4U4M Fax 971114111111114114 Data: is Please be advisedafkar revilew of yOW Application and Plans that yaw APP DENIED for the following Zoning Bylaw masons: Zoning s Ilarrl Maes ileo' Lot Area F Frontsga Area 1 Lot area Insid icbnt 1 F IflsuMciart 2 La Area 2 F Corn 3 La Area 3 < 4 Insufficisr4 Information 4 insufficient Information 9 U00 S No access over Frontage 1 Allowed 0 G MUM;� �Area 2 Na Allowed 1 insufficient Arse 3 Use P ZCOMIDIMS 4 S al PemM R uired A6 Insufficient Information orinationCk ht1 All setbacks coni s Maximum2 Front Insufficient 3 Len Side IrrauMdOnt 3 1 P no HINOWN 4 Right Side Insufficient 4 11nsulfk;lent Information 6 Rear Insufficlerlt I 811ilding Conte W S Preexists s t Cov exceeds maximum 7 Insufficient Irdonnation 2 Cov D Alsbershed 3 Coverage Proaxisfing 1 Not in Watershed E 4 1 Insufficient Information 2 In Watershed I Sign 3 La fflor to I=4/li4 1 I Sign not allowed 4 1 Zane to be Determined 2 1 Sion Complies 6 Insufficient lrnfonnation 3 1 InwMck nt InMm dm E HWtmk DktlVW K Parking 1 In District review required 1 More Parking Rmuired 2 Not in district 1 2 pwuv Compiles; 3 InsufGid Infomwtion 3 Insufficient lnIlb"MIon 4 ParkhV R_ _ for the above le c -bilow. — -_— -- Ilase/ I Special Pa oft Plmvninj Board Ilaan t Varianca Site Plan Revfaw Spool Permit Setback Variance Accent adw Um Fmntw Special Permit Poilltno Variance Fiantage Emotion Lot Special Permit Arae Variance Common MWymy Speciall Per" Varma permit Variance for Sign Continuing Can Retirerrnerd Special Permit Sp@cM Pumila Zonina Board Independent Eldeft Housing Permit specoi Permit no Use ZSA Large t_sbft Condo Special Permit Earth Rernovel SWM Permit ZBA Planned Dave4mient Di*W Special Permit Special Permit Use not Listed but Similar Planned Residential Special Perw& siiecipi Permit for Sign R-8 Permit R--bdPermitpiesdating nornconformin Wdarthed Special Permit The above m low and aaedrd eepirrbon of such Is bead on the Prot end itbrmaaon 111m sd. No dmf review and or so=ehrll be band an verbal aspreneaar byft appI I nor ohd eucti verbd ayleneYer■11 111 ePP&Mt varve b provideI g lin arrawere b err ebme memo for DENIAL Any Yroeuaars,niYtt i g iYrarrnaaon,ar adw Miiiesqu id efrtgae b err edarnaYon —~by the applere dont be prude b the review b a voided at er dieaalion d the 13d"Departnwit TM eaaGrd dm nwt taad flim fteritw Nsndlvd do bs attached herft and Incarparele I herein by reNrwne TM bulme I - I ova nlrirr at Plant and doaarrraesm far lir dxm■L You met tl e a row MMM Parma apptoaaon fam and bear sr p•n+rry txo m �1 //� D' Build' Npartnnant Official ftrwture Application Received red HP Fax K 1220xi Log for NORTH ANDOVER 9786889542 Dec 19 2005 3:40pm Last Transaction Dig Time Twe Identification Duration Pales Result Dec 19 3:39pm Fax Sent 89786873722 0:58 2 OK Town of North Andover °f rio RTH Office of the Zoning Board of Appeals 0�4'`:'' Community Development and Services Division 400 Osgood Street ^, North Andover, Massachusetts 01845 'Ssw ..Us Gerald A. Brown Inspector of Buildings Telephone(978)688-9541 Fax (978)688-9542 o � TO: �� �. G. IPS FAX Number: / 7 (�66 7— 7 �� FROM: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover,Massachusetts 01845 PHONE: 978-688-9541 FAX: 978-688-9542 DATE: I )-- I 1�` D 5 ) SUBJECT: ( ey Number of pages: RENLAAKS: This is a cover/instruction sheet for your legal notice, which needs to be placed with the legal notice department of the Eagle-Tribune. The 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 legal notice department's fax number is 877-927-9400. The Eagle-Tribune uses your phone number as your account number for billing. 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. If there is no legal notice publication at least 14 days before the hearing then the Board cannot hear your petition and you will not be placed on the ZBA agenda for the upcoming meeting. E-T Submission Date before S:OOPM 1St Publication Date Meeting Date 1AWAe5,-Lq )_ ems. 1D — e Hoard ol'Appeals 97R-688-9541 Building 973-683-9545 Conservation 978-688-9530 1(calth 978-688-9540 Planning 973-688-9535 ev METROPOLITAN AUTO BODY Fax:978-687-3722 Jan 10 2006 11:06 P.02 FROM .: FAX NO. :6044760293 Jan. 10 2006 09:00AM P1 Puckmmters kttematioeal ' #2300-29SO Shaughnessy St,Port Coquitlam,BC Canada V3C 6KS Toll Free:888-775-PUCK(7825)1 rax:604552.1709 Web:www.puckmasLers.rom I Email:info apuekmasters.eom To Whom It May Concern: Based on Mr.Giles one on one hockey training and his link size of 30'x 70'he will require S parking spans.One for each of two instructors and one for each of two students plus an additional space for Mr.Giles. Sincerely, 3' Pete Fry President A. ••c. .ar .n- - .. .. IF JI D JAN 1 0 2006 BOARD OF APPEALS METROPOLITAN AUTO BODY Fax:978-687-3722 Jan 10 2006 1106 P.01 ----------------- ` = C/ vc l r'i'te- l� 7Y.y-� j Gc c 'pros {' /. /Zo � P 9?/v 'po /� 400 Osgood Street Limited Partnership 400 Osgood Street Norte Andover,MA 0 1845 Ph"Ific 97&683-8907 January 10, 2006 Town of North Andover Zoning Board of Appeals To Town of North Andover: I would like to take this opportunity to express my full support of a hockey training facility to be located in our building at 400 Osgood Street. I believe this to be a good use of the building and one that is compatible with existing tenants of this facility. Thank you for your consideration in this matter. Respectfully, f William F. Bannister General Partner JAN 1 0 2006 D BOARD OF APPEALS MAP 94; LOT 3 MAP 94; LOT 5 MAP 102; LOT 3 1 TOWN NORTH ANDOVER TOWN NORTH ANDOVER ARTHUR D. LARSON 120 MAININ STREET 120 MAININ STREET 440 OSGOOD STREET N. ANDOVER, MA 01845 N. ANDOVER, MA 01845 N. ANDOVER, MA 01845 — — --. E%1ST.CURB(tYP.) - >m ` - _ -- _ - - ACCESS READ N A H S. 0 \ \ \ 01 00+ S 55, 54'18 \\\\\\ \\ 8 B-7 0.9 �j /� ACES' �J � DOOR e-SP \\ �� \,\\ �� � ROAD 4_SPA�ES NARK AWAY x� \ G 30,500 EXI-OSDND PZi kgP a EXISI�N I X pp �� DOCHINO / REA 3p5 C W OUSE oo at - % GNlp N F v EXIST.STAIRS 9ON HC" LL G SP ACk. \\ \ h !fes MAP 95A; LOT 9 MILL POND HOMEOWNERS ASSOCIATION 15'R\ \ c/o ESSEX MGMT. GROUP P.O. BOX 2098 HAVERILL, MA 01831 [LO BOARDOF APPEALS l 6, _ as moo: MAP 84; LOT 29 -�_�/- /'�f- TOWN OF NORM ANDOVER MAP 102; LOT 3 120 MAIN STREET N. ANDOVER, MA 01845 TOWN N NORTH ANDOVER k TS N - 120 MAIN STREETVl". N. ANDOVER, MA 01845 �N�7wl1 y GRAPHIC SCALE o (IN FEF-) I Fnch- 20 It. PROJECT NO. 98-0811-1 PARKING LAYOUT PLAN PREPARED FOR: OWNER: REVISIONS /I 400 OSGOOD STREET DATE DESCRIPTION DATE: OCT., ?000 l� REACH-NORI)STROM ASSOCIATL$ LW 400 OSGOOD STREET NOMINEE IRUST civu bbl r./O WILLIAM 9ANNISTER SCAI.E:1" - 20' men� ( enmd Pleanin� Loud:eepe ArcAitecture 380 WINTFR STREET 10 Cornmema Pert NorN,suite 99,Bedford,NN 03110 Phone(609)471-1841 LOT 94-1 - NORTH ANDOVER, MASSACHUSETTS NORTH VOL 5131; PC,2'14(JIJOLY430,11998) _ _ SHEET 1 OF 1 O, Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover 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 oppositeon any public or private 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,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." Subject Property, MAP PARCEL Name Address 94 1 William Bannister,Jr 380 Winter Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 94 2/3/4/5 Town Of North Andover 120 Main Street,North Andover,MA 01845 102 7 Clive Gamble ILXJ6 Osgood Street,North Andover,MA 01845 102 3 Arthur Larson Lt40 Osgood Street,North Andover,MA 01845 95 49 Francis Murphy � 112 Harkaway Road,North Andover,MA 01845 95 50 Lindon Pulley 18 Harkaway Road,North Andover,MA 01845 95 56 John Enright j.. Camden Street,North Andover,MA 01845 95 12 J David White L a74 Osgood Street,North Andover,MA 01845 95 19 Paul Rhodes t/663 Lockwood Avenue Webster Grove,MO 63119-3540. 95 19-1.A Dennis Rusch L,2-1 Concord Street,North Andover,MA 01845 95 19-2.A Elba Morency L-23 Concord Street,North Andover,MA 01845 95.A 54 Robert Zuzack V84 Millpond,North Andover,MA 01845 95.A 55 VSM Realty Trust 9 Bartlett Street,Andover MA 01810 95.A 56 Dutie Wilson LZ6 Millpond,North Andover,MA 01845 l --0& 95.A 57 Suzanne Armstrong t.,67 Millpond,North Andover,MA 01845 ') 95.A 58 Lauren Segee �jJ8 Millpond,North Andover,MA 01845 a-13-06 vf-�-uyKV 95.A 59 Richard Artenstein ✓0 6*Millpond,North Andover,MA 01845 95.A 60 Brian McCarthy v60 Millpond,North Andover,MA 01845 -b 95.A 61 Boris Ostrovsky 42 Broadlawn Drive,Chestnut Hill,MA 02467 95.A 62 Andrew Silverman L@2 Millpond,North Andover,MA 01845 95.A 63 Kenneth Straus V63 Millpond,North Andover,MA 01845 84 29/13/14 Town Of North Andover Vt20 Main Street,North Andover,MA 01845 84 24 Stoneham Savings Bank V359 Main Street,Stoneham,MA 02180 84 11 Paul Tusa -,05'3 Concord Street,North Andover,MA 01845 84 12 Slipkowsky Rev.Trust L,46 Concord Street,North Andover,MA 01845 84 10 Teresa Hickey ✓e VAV 43 Concord Street,North Andover,MA 01845 a'�3-flb Y e�►�V`�� 84 15.A Lynette Carpenito t-69A Concord Street,North Andover,MA 01845 84 15.13 Kemberly Thibeault ".5713 Concord Street,North Andover,MA 01845 84 28A/28-2C Santo Mangano Irrrev.Tr. 90 Main Street,Andover,MA 01845 84 281 C/283C Santo Mangano Irrrev.T_ L.f90 Main Street,Andover,MA 01845 84 284C/285C Santo Mangano Irrrev.YF100 Main Street,Andover,MA 01845 84 28B E&S Realty Trust 1.685 Chickering Road,North Andover,MA 01845 / 84 28-213 Margaret Gorham 1,362 Sea Bass Drive,Fripp Island,SC 29920-9795 84 28-36 Ronald Wedge \,1.04 Margin Street,Haverhill,MA 01830 84 28-413 W.J.P.Realty Trust t W Chickering Road,North Andover,MA 01845 84 28.6C Kenyon Realty Trust L5@5 Chickering Road,North Andover,MA 01845 84 2811 B/12B Juba Realty Trust ti655 Salem Street,North Andover,MA 01845 Page: 1 of 2 This certifies that the names appearing on the recordp of the Assessors Office as of certified Date f . r 28-24 Steven Quinn 14 Bunkerhill Street, North Andover, MA 01845 28-26 Gary Graf x-26 Bunkerhill Street, North Andover, MA 01845 28-30 Frank Bartashy v30 Bunkerhill Street, North Andover, MA 01845 ) 28-34 Carrie Sampson "' 34 Bunkerhill Street, North Andover, MA 01845, 1- 28-36 Scott Flores ���K1�)145 West Adams Street, Summerville, MA 02144 1-60'P!� 28-67 Richard Farrell 6--67 Concord Street, North Andover, MA 01845 28-1 B Santo Mangano In-rev.90 Main Street,Andover, MA 01845 page 2 of 2 This certifies that the names appearing on the records of the Assessors ffice as of Certified by: ate Zoning Bylaw Denial Town of North Andover Building Department 4W Osgood St North Andover, MA. 01845 Phone 873.6i84W Fax 978488.9542 street: Z/00 S Ma Lot: Applicant Request: oe Date: a Please be advised t a review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 4-r 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage G 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed Q G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required C 3 Preexisting CBA ! 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insuffic ant 2 1 Complies 3 Left Side Insufficient 3 PreexLsting Height 4 R" ht Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexists setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed F 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/84 1 Sign not allowed 4 1 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 1 2 1 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parks Remedy for the above is checked below. Mom 0 Special Permits Planning Board roam 5 Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parldng Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit I Height Variance CongNgete Housing Special Permit Variance for Sign Continuing Care Retirement Spectral Permit Special Permits Zoning Board Ind dent Elderly Housing Special Permit - I S I Permit Non4onformin Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Devisiopmerd District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permit prewdsting nonconformin Watershed Special Permit - The above review and attached eOhr MM of such is based an the plans wW Worm Om subrrtltsd. No defirt m review and or advice stroll be bond an verbal s pW alar by the a vhmt nor stall such verbal aogtsrretiorrs by the applicant serve to provide dsfk*m answers b the above reasons for DENIAL. Any irw=ffacies,mhm ft Irdanodim,or ottor subeequw t to the Mormatlon subntlhd by the gVicart Wei be grasds for this ravisw tD be voided si the dhcroion of the Building DePubmnL The aBached docu mt tiled TM Review Nwradvr!'shW be athched hereto and irrcarporsI flnom by mknna. The buii ft I pahrarrt vA retain all phos end doccsrrsnl Won for the shove tie.You must floe a new buMs pinud appicom form and begin the parmiiWrg procssc. Q uildi ent Official&gnaturs Application Received Appli ied r) ninl Cant� if r,.....d eti...,e Plan Review Narrative The Miming narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: NN111 IMi ' Alo ` /v4 F Referred To: Fire Health Police Zoning Board Conservation rtment or Public Works Planning Historical Commission Other BUILDING DEPT 12/07/2005 21:25 9783738360 PAGE 01 Q Breakaway Enterprises,Inc. DSA Puclanasters 25.Sunrise Drive Bradford, Ma. 01835 Bill Giles-President 978-373-8360 781-910-8016 Cell WWII Olson bgiles@puckmasters,com Attention: Mr. Gerald Brown-- Building Department RE: Building Permit Application / Puckmasters Hockey Training Center Dear Mr. Brown, 12/7/05 Enclosed please find my building permit application.We spoke in person about I week age concerning the zoning usage change of the space I have leased at 400 Osgood Street.At that time you informed me of the procedure necessary to obtain zoning; first of which is this current application. I next spoke with Mitch in the zoning department. She did a great job at setting me up with the correct paperwork to move to the next step if the usage and building permit was denied. Please contact me at the above phone numbers to verify you received this fax and let me know if you need anything Rather. I can gladly drop off the original signed application if necessary. Thank you for your time as it was a pleasure meeting with you. Regards, Bill Giles 12/07/2005 21:25 9783738360 PAGE 02 t TOWN OF NORTH ANDOVER BUILDING DEPARTMENT AFFUCATM TO Ct)MMiX'T RWAK RENOVATL CNAMM TW USK OR OOOIIIANCY Or. OR n>HoUM ANY BUILOM A ONR 1"rAMMY VW do Secdm for Ottkial Use OWYE SUILDM PERMIT NUISBR: DATE ISSUEDr ..♦ SIGNATURE: Commi --dow9Z Dtle 1 FaMm y AdOwar 1-2 Awmmw.Ay f.d!icer wm*w.. QA AJ. 1.3 7AmiR kdbmam: 1.1 Poopmey Domasrao. p ,?S'V$ y S ,cf - ,f7S. �7 tape Dm:a --. tH. _._ La Ara a-- - 1.6 ButijmNc SLTe cxs(1t) Fmw Yard Side Yard Rar Yard Pbovide I Provided Ragaind Provided /0%f A lefv jri np s 1.7 ww 59*W.C.LCAO. 34) r•7. ]%w zft kfi dra 1.1 ■�Ot�w11 af+� vW& 6r' hma a Tom'— a.ibFew zm o C&SUDbpmd srr. 3 - ., . F:S O 2.1 Owen of Resord .� •s 'Y' �-M/'►�•t fir" yQ0 ��f o.r►� 1r�• /IJ ���Ofifrr^ /e'er. Q Address for Sa•ive: d m 2.2 Av&wis� a.....t. o%*- j�fi!li G dl+� tletse Peel Addie for Savior: d/S --- 7 1Z3-.016- Z y 'um T 3.1 i 1 d CassttaW M S"ft*im^^ot�� flat ApoYesble O Addna I.is Nma6rr mn l.ianftd coastrttooioa supawor -- -.._.._. Tebtt>•oas �' E�rsdoa Asst 3.21tNirWd 11, lsprvrarat Ccebww Was Mpbmlhb o t:anpmy Nam -- mobs"Nwsbsr� m r Ndersu ..�.. - - — 6�ww Der •--- �rZ.� 12/07/2005 21:25 9783738360 PAGE 03 Wwkers Companatim Insunnoe a6devit newt be osmpked and submittal with this application. Failure to provWc dtw aMdavit will resuri in dw danial of the iumuwa r f the building tuermil siarAd affidavit Anw4w Y o.. .Ll Sacrm S 1 Re pmrad Amhdo - Natrtt: - Address SIgtWave Teileowm Area of Responsibility j fName. _ Registration Numbs Achbvu: I Expiation Dace StpAWM ToW Not applicable 0 Name: Pegistm ion Number I Address Silp»ture --- Tckphone Expbam Date Name Ata of Respottsibiliq Andrew RegistmUon Number Signature Telephone Expiration Date INam Area of Rmp nsibibty� Address Repstretion Numbar Stature TelepMne Expiration Date lg.G. �w ftr��+ • e� NotAppliwbk 0 Company Name: Responsibk m Chugs of Cpmor UOR 12/07/2005 21:25 9783738360 PAGE 04 i New ConfOucOm 0 Exie Ba wft Repan1($) Alteeations(s) ❑ Addition Ctyl i Acceswry Bldg, ❑ Desodition 0 Othet Specify -- grief flxactiphon of Prvpasad Wart: .rl sis f(s f.o�-. r ;j�v.LF d��•-s- c�ilsjcr-.a< < /^o 01011 — j' tG e1~ ro oM ,I 11101.1 RINI US!G1tCW 'Check es WlicaMc) CONSTRUCTION TYPAL _ A Assembly C A-I 0 A-2 0 A-3 G IA 0 _ A-4 U A-S G 1B A Busi 0 2A CE 01W 0 29 11 F F!_ 0 0 F-2 0 2C 0 H Lh Iburd 0 3A 0 I tnatitueeed 0 1-1 0 1.2 a 1-3 G 3B 0 M Mermhk 0 _ 4 L'1 -, R neskmaw 0 R-1 it R-2 0 it-3 L) SA 0 S Stor _ 0 8-1 0 S-2 0 5B 0 11 UCili 0 Specify= — M Mixed Use Q 9pesity -- S Specid Use V spac11r. Ons. eA .vie e xr, re i w i..gr - COMIlI.I!'AE THM SIMON W;EXISTING DUn DMG UPIDXRGOINC RE VATIONS.ADD ONS AND Oft CHANGE IN USE � Ficillbe Ux ctvP:,f'tpr.es�.•l es..t •.fes/ Propo w Use O"p.�ae,r Existing HwArd Index 780 CMR 34: PrtV*wd Hu4rd Index 790 CMR 34: BUMMING AREA EXLST84G if PROPOSED Nombar of Floors or Stories Include Rium"WOlevels / �f� Sd ..•• FlaarArea Floor S/ O t s e'�.w•e.• T2!!LArft 2D 7 Total Hlidht(R) fi.+.--t +N of �P.L s. ✓•.��` �fE �v� �`�t�iG-E>`.__�..._ ! Shumml ENaMft S&max l P w Rovkw . red Yes 0 No 0,0" s=1101v Ion Ower ArMioettadm- TO DZ COMMZTED WEMN OW141925 AGENT OR CONTRACTOR APDL M FOR DU"ING PERMIT [, I=Owner of the&Apd pro1eny tkmby to ad on My t bOK in n11 maaas eelative two week at hmizW by OW buikhma Pw=t apO cube SipsureofOwner Date ---- - — 11/u//2uub `J/ti3/3ki3bb PAVE—Ub %l' •• ••• ��•'4•r ✓� _ at Owar/Authonred Ap+n >.•�•••t rry lkreby declare that the statements and information on the forrWaf application are true and amande,to the best of my kaowle*and belie. Sigr4d under the paint and Penalties of*wy Ile 40. Print Now Sigxtatttre of OwnesltR�aR�4�1� T*�.,. Dar lusn Estunated Cost(Dollars)to be J : ; '';��e.,•. --- _ Gaon feted bx permit appli�t.� '`'" t. Buikbm (a) budding PennA Fee mwtiplieF 2 Electrical (b) Esumded Total Cort of Con suvetion Goan ti l Pita ws Huitdin`Perch far (•)s(b) 1 Medianictd(HVAC) — S Fire Prowtiaa 6 Total (1+2+344+5) Chock Nurnber NO.OF STORIES SIZE JO 716 Si ItASEM>~`Pfl'OR SI AB "0.6 BILE OF FLOOR T563US 1�� 2 3 SPAN DEWNSI NNS OF BUIS DEMENSIONS OF POSTS DIMl=NSIONS OF OMDERS — — HEIGHT OF FOUNDATION 'THICKNESS SIZE OF FOOTING x MATEMAL OF CMINEY 14 BUILDING ON SOLID OR FRIM LAND IS ELM-MG COPMECxED TO MAnftUc GAs Lm - -- 1 1 M r x I w au OVERHEAD DOOR --' --_"- N N r-0"xl'-O"DOOR m � F I EXTG. BRAC / i I `GRACE I Ln N H N El 2 W.FIRE SEPARATION WALLLD - C' �°bEt w } E FRtrURE DOOR { I w 1 I w i H .� 2 NIL FIRE SEPARATION WALL 1 I 2 RR. FIRS EI ER SEP. El. ----------- RIDGE -------•— RIDGE HEIGHT 2t1'-O"d I f E1 { j It ,�;= i j I f i i 2 NIL FIRESEPARATION WALL for-e R/1" j r E4 j i i i i i i i i j j i i j i i E4 EI E4 SAVE REI . IV-r m 108 a o o � � O fill i� 1,l - � ' � � %`� ���� �� � �4� ra"�d � ��� huh -�Lb — x�_I ���. �� w��a� `�rt��Z�C�� .. ti ._t-cY_..:+y'�,.-v� --'.•._:u`l.�..--.�•i..._r-,r.✓'t.—c'.j•.rii_.,"a:__, i ' No,: Date 6 M if f NORTH, 3:°�`"`.'""•"°O� TOWN OF NORTH ANDOVER o BUILDING DEPARTMENT Building/Frame Permit Fee $ SSACHUS� Foundation Permit Fee $ Wo+ e Other Permit Fee $� �� Town of North Andover °f 0ORT1t, Office of the Zoning Board of Appeals Community Development and Services Divisions'+'Pti;, . 27 Charles Street North Andover,Massachusetts 01845 Nust� D. Robert Nicetta Telephone�ATJAi-bJ41,6 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 July, 2004 at 7:30 PM to all parties interested in the appeal of Julie Paige Gediman, 8 Hitchcock Farm Road,Andover,MA, for premises at: 400 Osgood Street,North Andover,requesting a Special Permit from Section 4, Paragraph 4.122.9(b) and Table 1, and Section 9, Paragraph 9.2 of the Zoning Bylaw in order to allow a non-conforming use in a portion of a pre-existing building. The said premise affected is property with frontage on the West side of Osgood Street within the R-4 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 Ellen P. McIntyre, Chairman Published in the Eagle Tribune on June 28 &July 5,2004. Legalnotice 2004-019. M94P1. M 2ggg O'T� ga wooco�a�mowj2co��3ro� w W ��pawc.u.�oO�cD-i� 3-mN �7VmZ C O N N f3p^7 t=n A O N O. �.�O (ID j�,7 O p.0(NSD-go n fD Q 9 C N m0 �cC,)0r���-�Nw��oO?D•AW�G{CDL 2 �Nop�y 5.2-2 vD'�' TDr �a W �o D m�m �CA��a`o �E _.co� m h o -,n,0 c o cn o Q n m D Z ZO Z c v o o D w m°?<a m`D a m w v n w a° o —�o m °v 9 0 ma=r 000�3mo4^ �n�o Wmw�3'wD ctnm33vwo��m��� m<n A D Z Q n —(Q Q (D .� m N :O z m'o�. D m m N3'�m� N�no'�m� � �of wmc'omy�wmAm06 A w o sD m o .-o 52 CD m A 7 fA(D O N`< S V fD 7(D =r CD O— 7 3!S 3(a= N�'OD O0 N `G S_ to N 7 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 n ZBA 204 Date .6.'.10.7.Of OF,AORTH TOWN OF NORTH ANDOVER RECEIPT t S`S'4CHUSE � t This certifies that ......................... has paid .1—op..(I�...:.. ... ..................................... for..k(....q ... S. ��pu... ? ....... .......c�`Ul� 1.. / Received by....... �/.! � �'f''� � .. .........:.......................................................... Department......�.-6.A.................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer . Q Town of North Andover N°RTh Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ?;d #r-•��`�' North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(97, f 88r4j ' 1: 2q Building Commissioner Fax(97"088- q4 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: for premises at:400 Osgood Street, NAME: Julie Paige Gediman,8 Hitchcock Farm HEARING(S): July 13,2004 Road,Andover,MA ADDRESS: for premises at:400 Osgood Street, PETITION: 2004-019 North Andover,MA 01845 TYPING DATE: July 21,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 13,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Julie Paige Gediman,8 Hitchcock Farm Road,Andover,MA,for premises at:400 Osgood Street,North Andover,requesting a Special Permit from Section 4,Paragraph 4.122.9(b)and Table 1,and Section 9, Paragraph 9.2 of the Zoning Bylaw in order to allow a non-conforming use in a portion of a pre-existing building. The said premise affected is property with frontage on the West side of Osgood Street within the R- 4 zoning district. The legal notices were published in the Eagle Tribune on June 28&July 5,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J. Byers,and Albert P.Manzi,III. Upon a motion by John M.Pallone and 2'd by Richard J.Byers,the Board voted to GRANT a Special Permit from 4.122.9(b)and Table I of the Zoning Bylaw to allow The Paige Conservatory of the Performing Arts to use a portion of the pre-existing building at 400 Osgood Street for classes in dance,acting,and musical theater per Bannister Building Tenant#2 North Andover,MA,Floor Plan/Tenant#2 Plan,red outlined Proposed Paige Conservatory,Drawing,No.:A-101,by Jensen Stenbak,Architecture and Interiors,4 Auburn Road,Londonderry,New Hampshire 03053 and Plan of Land:400 Osgood Street,Lot 94-1 —North Andover,Massachusetts Owner:400 Osgood Street,Nominee Trust,c/o William Bannister,380 Winter Street,North Andover,MA 01845-140,vol.5131;pg.214,(July 30, 1998),Date:June 09,2004,Project no. 98-0811-1 by David C.Liukkonen,R.P.E.#29381,Keach-Nordstrom Associates,hic., 10 Commerce Park North,Suite 3B,Bedford,NH 03110. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P. Manzi,III. The Board finds that the applicant does not require a Special Permit from Section 9,Paragraph 9.2;private, for-profit educational facilities are allowed in R-4 with a Special Permit. Also,the Board finds that the applicant has satisfied the provisions of Section 4.,Paragraph 4.122.9(b)of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing usage(temporary Town Hall)to the neighborhood and that the student age and maximum class size of 14 will not require more than the existing 25 parking spaces. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 • Q Town of North Andover f NORTIt + Wo o Office of the Zoning Board of Appeals F Community Development and Services Division r 27 Charles Street " °-�--• ' ' North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 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 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,it shall lapse and may be re-established only after notice,and a new hearing Town of North Andover Board of Appeals, 4jjel= - Ellen P.McIntyre,Chair 2004-019. M94P1. Page 2 of 2. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Of NORTH TOWN OF NORTH ANDOVER SPECIAL PERMIT rb�y+ "; ZONING BOARD OF APPEALS NAME ADDRESS OF APPEAL Procedure & Requirements for an Application for a Special Permit Ten (10)-copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty (U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest (abutters)and The info"ation herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a.Permit Denial form completed, by the Codes of the Zoning Board of Appeals and delivers the legal Administrator. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM: s STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has otherwise receive. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: V sent to all parties in interest. Any appeal of the Board's The petitioner requests from the Assessors Office a decision may be made pursuant to Massachusetts certified list of Parties in Interest{abutters). General Law ch. 40A sec. 17, within twenty{20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING CERTIFICATE OF DECISION of all the required information to the Town Clerk's Office PLANS. to be certified by the Town Clerk with the time and date The petitioner is responsible for recording certification of of filing. The original will be left at the Town Clerk's the decision and any accompanying plans at the Essex Office, and the 10 Xerox copies will be left with the County North Registry of Deeds, 381 Common St., Zoning Board of Appeals secretary. Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. x-Y--A,. ` s�'a" z .r e.- .± '.'� 2 s 3+ +. *:�. + yr+�C, •..Y C 7 f f:'_}. t e�'iak�ic: i .� .tag. -yr -i. ,r' Y". `.��+.,n.. -r,�17--t" .•o t: :r 'Y`•>a..SFS.. rXY.b�L34'., 5.sc�r.�:.'�- t{T�x IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev 8 Services a 27 Charles Street ' North Andover, MA 01845 978-688-9501 Town Clerk's Office__ m 78-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices [ _� 978=688-9545 Building Department D c 978-688-9541 Zoning Board of Appeals Office 9JUN 1 .0 7x04 PAGE 1 of 4 BOARD OF APPEALS PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS .- 1. Petitioner: Name, address and telephone number.- rnr 177- 699­51qCE . Cell "The petitioner shall beentered n the le ai no ice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership- q, 00 es cs opo S' win roee'irua+ cwc6ja92 Years Owned Land: 3. Location of Property: a. Street: q onOSC Zoning District" b. Assessors: Map number-944 Lot Number:_ . c. Registry of Deeds: Book Number 5i` 3/. Page Number: W1 4. By-Law Sections under which the petition for the Special Permit is made. 40 c-h *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit re4 uest•( ~1 P� , exC. C, ac -t1 q � F - h e n ac "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. •s' PQ_uL 1/4, C. O wIf `TG Page 3 of 4 Applica#�oln for a SPECIAL PERMIT _ t.�ac�c�s�r.�.-:':--�:�t�;'C .,'A�- ?:��c�s�.��r `" _ � r�kr^�Ca.nrv�a_""*-�.�'�, �`' ... •,: "" .� �, NORTH ANDOVER ZONING BOARD OP APPEALSF n 6.a 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 b:y Proposed Lot (S): l., 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 o� o� c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum.Lot set Back• Sq. Ft. Sq. Ft. Coverage FeetSpaces front Side Side�B Rear , moo NiA- % /CXJ 7. a. Existing Buildings.- Ground uildings:Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building' of Units 'Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: / -- Ground Floor . Number of Total Use of umber Square feet Floors Sq.feet Building' Number Units 'Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Boafd of Appeals. Every application shall be-filed with the Town Clerk's Office. It shall be the responsibility-of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this fesponsibility. The petitioner shall be responsible for all expenses for filing and legal lotification. Failure to comply with application requirements, as cited herein and in the Zoning Board les and R la ns may result in a dismissal by the rnn oard is application as incomplete. L Si nature t Type above names here 7t �\\f_ I PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B. *Plan Specifications. legibly written or typed memorandum setting forth in n Size of plan: Ten (10) paper copies of a plan not detail all facts relied upon. When requesting a Special to exceed 11"x17", preferred scale of 1"=40' Permit from the requirements of MGLA ch. 40A, and the E0 One (1) Mylar. y. North Andover Zoning By-laws, all dimensional HI) Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, with a block for supported. Each point, 1-6 individually, is required five(5)ZBA signatures and date indicated on the to be addressed with this application. Mylar. *10 C. *Features To Be Included On Plan: 1.The particular use proposed for the land or structure. n Site Orientation shall include: 2. The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning district(s) 3. There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. abutters of property, within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties 5.The use is in harmony with the purpose and intent of t within 50'from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria M Legend&Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines&outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales requirements.). 4. Date of Plan 5. Title of Plan 10. PLAN OF LAND 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall applicant, owner or record, and designer or be accompanied by the following described plan. Plans surveyor. must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days 10 D. Minor Projects prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds,and garages, appeals. shall require only the plan information as indicated with an. asterisks("). In some cases further information may A set of building elevation plans may be required be required when the application involves new construction/conversion/and/or a proposed change 11. APPLICATION FILING FEES in use. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover- 10 A. Major Projects #022-1760-4841°for the cost of first class, certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch. 40A§11 on the I)five or more parking spaces, abutter's list for the legal notice check. Also, the II)three(3)or more dwelling units, applicant shall supply first class postage stamps III 2000 {currently 37¢)x the#of parties of interest.on the square feet of building area. abutter's list for the decision mailing. Major Projects shall require that in addition to the above B. Mailing labels: Applicant shall provide four(4) features, pians must show detailed utilities, soils, and sets of mailing labels no larger than 1"x2-5/8"(3 copies topographic information. for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of$50.00 per application. ►►►No. A Special Permit once granted by the ZBA will lapse in 2 (two)years if not exercised and a new petition must be submitted. .4 4 TO:North Andover Zoning Board FROM: Julie Paige Gediman i DATE: July 7, 2004 SUBJECT: Special Permit To Whom it May Concern, I wish to designate my mother, Corinne Gediman,to be my proxy at the July 13I'Zoning Board Meeting,at which we are seeking a decision on our request for a Special Permit for The Paige Conservatory of Performing Arts at 400 Osgood Street. Sincerely Yours, �C6c� u-. Julie Paige Gediman JUL2004 �. 3 D BOARD OF APPEALS an"'.adylV T'F' Zoning Bylaw Review Form � s ~ Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 "=� SPhone 978-688-9545 Fax 978-688-9542 Street: D O O S G o o S Map/Lot: Applicant: Su� LLp- Request: O cce Rc A) Date: Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning /Z Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 1 Preexisting frontage es 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 I Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required e s 3 Preexisting CBA Lf S 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 q e S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) H S 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting e S 1 Not in Watershed t(e S 4 1 Insufficient Information 2 In Watershed J Sign /101 N 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 In District review required 1 More Parking Required 2 Not in district `(e S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information `te S 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Q— Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exce tion 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-Conforring Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Develo ment District Special Permit Spec ial Permit Use not Listed but Similar Planned Residential S ecial Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming Watershed Special Permit 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. Building Department Official Signat4lre Application Received Application Denied CONTENTS 1. Special Permit Form 2. Permit Denial 3. Owner Authorization Letter 4. Written Document(Item 9) 5. Abutter List 6. Precedent Decision Notice 7. Floor Plan 8. Site Plan TO: Zoning Board of Appeals Town of North Andover,Massachusetts 01845 DATE: JUNE 10, 2004 RE: WRITTEN DOCUMENT, ITEM 9 OF SPECIAL PERMIT FORM The following addresses points 1 through 6 of Item 9, of the Special Permit Form 1. The particular use proposed for the land or structure We are requesting to use a portion(between 2,500 and 3,000 square feet)of the existing structure at 400 Osgood Street,North Andover, Massachusetts for a private, for-profit educational facility. Said facility is "The Paige Conservatory of Performing Arts", which is owned and operated by Julie Paige Gediman. This educational facility is a "performing arts studio" for pre-teens and teens. Classes include instruction in dance, acting, and musical theater. The Paige Conservatory of Performing Arts is over two years old and we have outgrown our current location in Andover. Over 95%of our students live in the towns of North Andover and Andover. It is extremely important that we stay local and convenient to our customers. The studio offers classes five days a week,in the after school and early evening hours. Classes may also be offered on Saturday morning. Currently classes have between 5 and 10 students. A limit has been set on the maximum number of students in a class which is 14. It is our goal,however,to keep the class sizes smaller to ensure one-on-one instruction. Floor Space: The proposed facility would consist of two back to back studios, a bathroom, cubbies for storage, and a small office. Parking: Our parking needs are minimal. They include two spaces for instructors. The business is primarily a drop-off business,as students under the driving age will be dropped off by a parent or legal guardian. Many of the students over the age of 16 are also dropped off by parents as they do not have cars. Older students, who have access to a car, typically carpool. Historical) " arp y,these carpool students take up 3 to 5 parking spaces. 2. The specific site is an appropriate location for such use On December 19, 2000, Paul K.Soucy of One-to-One Strength was granted a Special Permit by the North Andover Zoning Board of Appeals to operate an educational facility offering physical conditioning and physical health management. The Petition number was 042-2000 and the Hearing Date was December 12, 2000. The granting of this Special Permit(and related variances) sets precedence for our appeal.(See attached "Notice of Decision"on behalf of Paul K. Soucy. It is our belief that The Paige Conservatory of Performing Arts is compatible with One- to-One Strength in that both are educational facilities offering instruction and education. 3. There will be no nuisance or serious hazard to vehicles or pedestrians The structure at 400 Osgood Street is set well back from the road, away from passing vehicles or pedestrians. In fact, conservation wet land forms a natural barrier between the street and the proposed site. Currently,the Town of North Andover occupies a portion of this structure.No known nuisances or serious hazards to vehicles or pedestrians have been reported. Since the usage of the site by The Paige Conservatory of Performing Arts will be minimal compared to that of the Town of North Andover, it can be assumed that there will be no nuisances or serious hazards. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use Betterment of the proposed facility will be in accordance with the building regulations of the Town of North Andover. Prior to any build-out,a building permit will be obtained from the Town of North Andover. This will ensure that adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of the Zoning Bylaw A Special Permit through the Zoning Board of Appeals is te quued for this type of use. (4.122(9)(b), Section 9(9.2) of Zoning Bylaw b. Specific reference and response to the criteria required by the particular Special Permit for which this application is made. Since the facility will use the existing lot and building, it is our belief that this question if "not applicable." an^'MG1fVT 4' Zoning Bylaw Review Form „ Town Of North Andover Building Department 27 Charles St. North 845 Andover, MA. 01 Phone 978-688-9545 Fax 978-688-9542 Street: o o O S G Map/Lot: -Applicant: Tu LI p- rv-c Request: Rc N 4 e r Date: Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning /Q_ Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage I.nsufficient 2 Lot Area Preexisting 11 ee s 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 5 4 Insufficient Information 4 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 e s 3 Preexisting CBA S 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 e S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) Li S 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting Lf e S 1 Not in Watershed L(e S 4 Insufficient Information 2 In Watershed Sign JV 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 In District review required 1 More Parking Required 2 Not in district `f e 5 2 1 Parking Complies 3 Insufficient Information 3 Insufficient Information `'(,e S 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Q— 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 Con re ate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housin Special Permit Special Permit Non-Conforming Use ZBA Larcie Estate Condo Special Permit Earth Removal S ecial Permit ZBA Planned Development District Special Permit --Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming Watershed Special Permit 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. ` Buildin Department partment Official Signature Application Received Application Denied 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: 2c,nJ, Cl a t-d /0 14 A110`Pq �/` `1�Li(S 7 -e o�' cis •z✓ �! /a a ( �/� �'6 1 ,4 ANNiN cl .3 © s! �-e. GLIA n> Referred To: Fire Police Health Conservation W*Zornling Board Plannin be artm'ent of Public Works ' Other Historical Commission Buildin De artment Town of North. AndoverNOR7h, 4 RE Office of the Building Ike art:�ent ,}�e,•,.c_ JOYC+ t' Development and Services Division t TD 1 c sr NORTH ANDOVER Wilharn J. Scott, Division Director 27 Charles Street lS�ACHUS�t �,,nn{{��pp �� ?Orth Andover, Massachusetts 01845`" D. RoN�PP N eti '' Telephone(978)b88-9.54.5 Building Commissioner Fax (978)688-9542 Any appeals shall be filed NOTICE OF DECISION within(20)days after the Year 2000 date offiling ofthis notice Property at: 400 Osgood Street in the office ofthe Town Clerk. NAME: Paul K Soucy, of DATE: 12/19/2000 One To One Strength Training,Inc. ADDRESS: 400 Osgood Street PETITION: 042-2000 North Andover,MA 01845 DARING: 12/12/2000 The Board of Appeals held a regular meeting on Tuesday,December 12,2000,at 7:30 PM upon the application of Paul K Soucy,d/b/a One To One Strength Training,Inc.,400 Osgood Street, North Andover,MA as a Party Aggrieved of the Building Inspector and for a Variance from the requirements of S7,P7.3, for driveway width and from Section 8, Supplementary Regulations to allow for less than the required number of parking spaces,and for a Finding from Section 4.122,P 9.b(private for profit educational facilities)in order to allow for the permitted use of a"physical conditioning clinic"within the R4 Zoning District. The following members were present:Walter F. Soule,Raymond Vivenzio,Robert Ford,John Pallone,and Scott Karpinsld. Upon a motion made by Robert Ford, and 2nd by John Pallone,the Board voted to uphold the decision of the Building Inspector and to deny the Party Aggrieved portion of the application,voting in favor: Walter F.Soule,Raymond Vivenzio,Robert Ford,John Pallone,"Scott Karpinski. Upon a motion made by RobertFord and 2nd by John Pallone the Board voted to GRANT a VARL4,NCE on parking of 34 parking spaces from a requirement of 61 down to 27 parking spaces on the condition that any change in use in any portion of the structure shall require the petitioner to return to this Board for review and approval of parking requirements for the building pursuant to authority granted by the-Board from 58.1.5 of the zoning bylaw. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made.by Robert Ford and 2nd by John Pallone the Board voted to GRANT a VARIANCE from S7,P 8.1.7 for 3' in aisle width in two locations to allow for use in this district and on this site,as shown on the Plan of Land prepared for 400 Osgood Street,by: David Liukkonen, #29381,KNA, 10 Commercial Park N.Suite 3B, Bedford,NH. 03110,dated October 2000. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made by Robert Ford and 2"d by John Pallone the Board voted to find in favor for private for profit educational use in the R-4 District in order to allow for permitted use of a physical conditioning clinic as a permitted use in that district and moved that the Board.-GR NT--a--SPECIAL PERMIT to allow this use on 400 Osgood Street. Voting in favor: WFS/RV/RF/JP/SK. Page 1of2 \ —] ;>l?.\LiiOi `•.PPI . ;�'-� [N(i4 R\ 1.I., 6:N'-1)53 5 1 , R�� IVD ` JOYCE ,RRADSNAW ' CONTINUED— 2nd page—dated: 12/19/2000 T OW N C L RK NORTH ANDOVER decision for: Paul K.Soucy,d/b/a One To One Strength Training Inc. address: 400 Osgood Street,North Andover,MA 01845 R00 DEC 2 fl A 11: 1 b 10.4 Variances 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 structure 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 substantially detriment to the public good and without nullifying or substantially derogating from 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,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. By order of the Zoping Board of Appeals, Raymond Vivenzio,act' Chairman ml/deci si ons2000/44/45 TO: Zoning Board of Appeals Town of North Andover,Massachusetts, 01845 DATE: JUNE 10, 2004 RE: Owner Authorization for seeking Special Permit on behalf of- Julie £Julie Paige Gediman d/b/a/The Paige Conservatory of Performing Arts With my authorization, Julie Paige Gediman is filing an application with the North Andover Zoning Board of Appeals for a Special Permit for a private, for-profit educational facility(performing arts studio)at 400 Osgood Street,North Andover, pursuant to the provisions of Sub-Section 9.b. of Section 4.122 of the Zoning Bylaw of the Town of North Andover. Thank you for your consideration in this matter. William F. Bannister 400 Osgood Street Abutter to Abutter( ) Building Dept. ( . ) Conservation ( ) Zoning ( ) Town of North Andover 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 oppositeon any public or private 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,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." Subject Property: MAP PARCEL Name Address 94 1 400 Osgood Street Nomine(400 Osgood Street North Andover, MA 01845 William Bannister Jr, TR 380 Winter Street North Andover, MA 01845 Abutters Properties Map Parcel Name Address 94 2 Town of North Andover 120 Main Street North Andover, MA 01845 94 3 Town of North Andover 120 Main Street North Andover, MA 01845 94 4 U Town of North Andover 120 Main Street North Andover, MA 01845 94 5 Town of North Andover 120 Main Street North Andover, MA 01845 84 10 tiTeresa Hickey 43 Concord Street North Andover, MA 01845 84 11 ✓Paul& Mary Tusa 53 Concord Street North Andover, MA 01845 84 12 Vlikowsky Revocable Trust 46 Camden Street North Andover, MA 01845 84 131 L-j('Town of North Andover 120 Main Street North Andover, MA 01845 84 14 _Town of North Andover 120 Main Street North Andover, MA 01845 84 15 L,-,4EFFCO, Inc. PO Box 802 Andover, MA 01810 84 24 �Aoneham Savings Bank 601 Chickering Road North Andover, MA 01845 mailing address: 359 Main Street Stoneham, MA 02180 84 29 t.-Town of North Andover 120 Main Street North Andover, MA 01845 95 121\J D& C Realty Trust 374 Osgood Street North Andover, MA 01845 95 19 re�UJJ�rUPaul Rhodes 13 Concord Street North Andover, MA 01845 mailing address: 663 Lockwood Avenue Webster Grove, MO 63119 95 48 VMill Pond Trust North Andover, MA 01845 95 49 Ymaria Graf 10-12 Harkaway Road North Andover, MA 01845 95 50 'JUVV,'C N''cholas Gelarderes 16-18 Harkaway Road North Andover, MA 01845 95 56 VJohn Enright 55 Camden Street North Andover, MA 01845 95 19-0001.A Tennis Rusch 21 Concord Street North Andover, MA 01845 95 19-0002.A _/Elba Morency 23 Concord Street North Andover, MA 01845 95A Mill Pond Condos** 102 3 L,,,Arthur Larson 440 Osgood Street North Andover, MA 01845 See page 2 Date 6/9/2004 This certifies that the names appearing on th60age 1 of 2 records of the Assessors Office as of Certified by: c Date Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover 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 oppositeon any public or private 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,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." Subiect Property: MAP PARCEL Name Address 94 1 400 Osgood Street Nominee 400 Osgood Street North Andover, MA 01845 William Bannister Jr,TR 380 Winter Street Abutters Properties Map Parcel Name Address 95A 54 obert Zuzack 54 Mill Pond North Andover, MA 01845 95A 55 YekUVOPSM Realty Trust 55 Mill Pond North Andover, MA 01845 mailing addresses: 9 Bartlett Street#214 Andover, MA 01810 95A 56 VIDutie Wilson 56 Mill Pond North Andover, MA 01845 95A 57 ///Suzanne Armstrong 57 Mill Pond North Andover, MA 01845 95A 58 LXauren Segee 58 Mill Pond North Andover, MA 01845 95A 59 L-Richard Artenstein 59 Mill Pond North Andover, MA 01845 95A 60 Suzanne McCabe 60 Mill Pond North Andover, MA 01845 95A 61 Boris Ostrovsky 61 Mill Pond North Andover, MA 01845 95A 62 ,-Campbell Trust 62 Mill Pond North Andover, MA 01845 95A 63 tAenneth Straus 63 Mill Pond North Andover, MA 01845 95A 64 favid Weiss 64 Mill Pond North Andover, MA 01845 Date 6/9/2004 Page 2 of 2 This certifies that the names appearing on the records of the 4�ASsers Office as of Certified bY: to C. F� d/ ' E4 ire E4 Qb - -T'/ FOAI � - I I El NEW 12'-ry"Sci2 % -2 N0.F TION WALL E4 14 IRESEPARA j. ovEexEAb oobe�. I ELECTRKAL LEGEND' j ISTINGWALL(TYPJ ! ` 0 114 °VE1 FOR FUTURE D00R I I I Et-DfRGMW/GIi11CBKYU6N111Ks. r i I I TENANT#i i .. I I I E2 WTSFGN. >' qp i i rs5 RFs �a14c.� i i i i i _ _•�-� i -•411 I I I L i `T�I'ZRNT HR.FIRE SEPARATION WALL i i .i E3 a�n llnr•Ri(ae t+mL( t!iEwers1.. -g«ori['7E ,� I I 711. �- i I I I I 14Q40WWVLafFQDS) NEA . rpu( < { b . -- I. r ion TENANT#M i I I b -2 NR.FIRE SEPARATION WALL NEW WALL IT".) E4 - `- " .COMMONAREA I 14 N I '. tTAlt I (ai} _Els ` [( "1 Et_q I ES RERAQIEIIm 66'11 6^ -C --� 1 "' `- - -.."- - _. ..- _ ... f- .. a.}. �1_. [:. ...i .b� - LL.-._• _b - ��I�.,.r;�sr:.� r^ ;�-.- _ ...r-.• - ��AL,, IRI DGENEIG(fF20'-0"d AREA CALCULATIONS I E4 b I I j t El I I ,,gy�pp •2 NR.RRESEPARATN)NWALL I i I f•; E' I I j �yEl I j j" 2 HL FIRE SEPARATION WALL El a TENAw*l 5,5065! -4" 6- 35•-111/2'1 - -•48'-0«--------•- -fi -- 1 1-_"'---.__.--.T-..---- t TENAN*2- 0,2165E ' --------=—;--- � 'oT-61/2"1 i vr-e^ TENANT t3- t,640sF I ! I I I I I E4 TENANT05 I I 7ENAMf4- 5.363SFNO . I i i SEE ENLARGEMENT I G(=1 I I I 1 g TENAMi3- .S,6/23F E9 .I euOW I i I I I I „' COMMON.AREA- 3,972 SF I 1 I I E4 I I f E4 ' ,SAVE j e uc i— i i BRACE/ BRACE i I 'NOTES: 1. NOM.6"WALL•2 HOUR FIRE SEPARATION WALL:356 ST 20 @ 16"O.C.,(2)LAYERS 5/6"F.C.GYP.BRI).EACH SIDE,FILL FLUTES/TOP OF WALL WANSULSA►E,SEAL W/ FIRE CAULK,FRAME DOL DOORS 14 TOTAL)-TO DECK ABO VE FLOOR PLAN 2. NOM.S"WALL:338 ST 25 @ 16"O.C.W/5/8"F.C.GYP.eRD.EA.SINE CO ... 3 ROM.7"WAIL•60 ST ZS @ 10 D.C.W/3/8"F.C.GYP.BRO.EA.SIDE �V'N"�'-�"^ 1 6 w= r . 4. FA-FAN/UGTT . S. CR:CEILING HEIGHT 0. A.F.F.r A60VE FINISH ROOK I j ; "wr1eAlteetrre �- " I I i � Yw/rrlort i I prnfrrl - I 4prA/nn l,•p� D3�.i r I ; i larp4{nMny.,ae,r hwwpthbr ppsi I - ; 6Q!-Itt-lrao•Jv'I{s--lrrr •: j FRAMED FOR FUTURE DOOR- { .1. _...____....._____._..._19•_4«....._....__.....-_ .hl 6" _ ... ....... _ .23''6 .... _. .-.. ; 6" I1•-61/2" 5"� " _.._.. F..r I WALL 709'-O"A.F.F. _ , r� %• WALL TO 8'-0"A.F.F.• 6 i . ; cxr-10" O i w• dim SFA ; J WALL TO-. °° i :� ;•;�-'�k;) \ NO CIG. _._�._ `\` ♦N - ---. .. n.......--..----- ' S"..... 11•-7". ._..---. f,ys" _._.._.._ "'-T" S" ... _ il'-7".. �5.� 1` WALL TO 9'-O"A.F.F. �� Ij i- - WALL TO R•-0"A.Fi.�/ _. ..•y.l.. " j WALL 709'-0"A.Fi: La � .� _•�. i ' --_ III �I. III ( /w�WW�' low S: \ �hfYALL1O6'-0"AJi. \� - J1LLT06'-0"Ai.F.-- --- P. I r CHT-10" I I \1 \ I v , 7:Vm LL GYP.eRD.CEILING- `..WTO _ 3585720 @ 16-0.C. 8' A.F.F. _1 I - - ITT VL- N' \ `� m I DrawIng NO - - L.4?'-10' CHr-l0•• (CHT-U)" (-CW-77—10-) I . WIN T C U A ►I T i►r1 IN A A LI MAP 94; LOT 3 MAP 94; LOT 5 MAP 102; LOT 3 ' TOWN OF NORTH ANDOVER TOWN OF NORTH ANDOVER ARTHUR D. LARSON 120 MAIN STREET 120 MAIN STREET - 440 OSGOOD STREET NOTES: N. ANDOVER, MA 01845 N. ANDOVER, MA 01845 N. ANDOVER, MA 01845 1. REFERENCE THIS PARCEL AS NORTH ANDOVER ASSESSOR'S MAP 94; PARCEL 1. 2. TOTAL AREA OF PARCEL IS 254,575 S.F. OR 5.844 ACRES. _ — — _ 3. PARCEL IS LOCATED WITHIN THE R-4 ZONING DISTRICT IN ITS ENTIRETY. _ TYP.� 4. BUILDING SETBACKS: REQUIRED PROVIDED FRONT 30' 147.1'± SIDE 30 2' 19.4'12 ± • E�P 137.2'1 _ J _ y, y� REAR -GESS ROAD EXIST (TYP•)_ \ `( 5. TOTAL LOT FRONTAGE IS 514.75± L.F. 6. OPEN SPACE = 202,046t S.F. & PERCENTAGE OF LOT COVERAGE = 21%. ° S 35 5418„ 98 87O• 9` (Q PC \\\ DOOR ' x 94-1 29S XACI NO l� 254,575 SQ. FT. 5.844 ACRES `�\ \ 30, EXISTING 5 EXISTING ,t) ppLOAD LOADING � �� DOCK e,. i ✓N `•GUY \\3WAREHOUSE F r 1 1 O EXIST.STARS GY( y\\ \ ya \ \ MAP 95A; LOT 9 MILL POND HOMEOWNERS ASSOCIATION is'R\ c/o ESSEX MGMT. GROUP \ \ P.O. BOX 2098 HAVERILL, MA 01831 \ O� aAVID yv MUKKONEN; ZONING BOARD OF APPEALS \ Y��, n NO.293RX MAP 84: LOT 29 r '6,S°°' \ '� �<<r$IJirr 4��,\�-• /� -w—}-- TOWN OF NORTH ANDOVER '�' MAP 94; LOT 2 120 MAIN STREET TOWN OF NORTH ANDOVER N. ANDOVER, MA 01845 120 MAIN STREET GRAPHIC SCALE N. ANDOVER, MA 01845 � \ 40 0 20 40 80 160 \ ( IN FEET ) 1 inch = 40 ft. PROJECT NO. 98-0811-1 PLAN OF LAND: OWNER: REVISIONS 400 OSGOOD STREET DATE DESCP"'nON DATE:JUNE 09, 2004 NOMINEE TRUST MACH—NORDST 1ASSOCIATES, INC. c/o WILLIAM BANNISTER SCALE:1" 40' 400 OSGOOD STREET 380 WINTER STREET a.D s eeA:j t—e Fl—k, 1.aaeeeye A-Wt..f— NORTH ANDOVER, MA 01845-140 10 C_=P.k N-th.SWte 3A Dedf—t NH 08110 Fhe Ieoo�ear-2881 LOT 94-1 — NORTH ANDOVER, MASSACHUSETTS VOL 5131; PG. 214 (JULY 30, 1998) SHEET 1 OF 1 r N�orW Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545Fax 978-688-9542 Street: - -n Map/Lot: Applicant: a-U LI roc aN Request: - _ _ q Nce tic ry Ivlt,stc�I �a er T�\,z,tA>w Date: Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R, Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 1e 5 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage y eg 4 Insufficient Information 4 Insufficient.lnformation 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 a .s. 3 Preexisting CBA K ti S 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 1 Complies 3 Left Side Insufficient . 3 Preexisting Height q e S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient1 Building Coverage 6 Preexisting setback(s) '1 S 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting Lt.e S 1 Not in Watershed 4 Insufficient Information 2 In Watershed d Sign JV 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 1( Parking 1 In District review required 1 More Parking Required 2 Not in district `(e 5 2 Parking Complies 3 Insufficient Information 3 Insufficient Information- e S 4ii Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance £3— Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance. Frontage Exception Lot S pecial Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Si n Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housin S ecial Permit S ecial Permit Non-Conforminc i Use ZEA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit special Permit Use not Listed but Similar Planned Residential Special Permit S ecial Permit for Sign R-6 Density Special Permit Special permit for preexisting Watershed Special Permit nonconformin 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. Building Department Official Signatufe Application Received Application Denied 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: �y y� '�- a .� er.��.'. � •a- 4.w r,. � YP _'�{,. 'ik€�� mwz .ya�tl�"�"� 7`� * °.ur ���� � +- � 13 v a v ® �' /� �f��P�tt lS 7 S /3l is w Sim V— l/�/V ���2C�lQcc, J Pcfe� / Penu�i� H o D s p c� Cti.swq ANN/N /j 10,4P G[ . —'3 ® e T/ e PIA S A,) WIN rKjIV W S S v 6 PG� G�IJ � //V OP /0,ft-flo.✓ a4 4-er i1C SPS Gv.a S m-a�� . Referred To: Fire Health Police Zonin Board Conservation n De artment of Public Other Works therHistorical Commission Buildin De artment 0 0 0 0 s0 U CI 04 J' S re►�T� ( MI14,� f irammftcn AoObWndwqa o �koYui Mrae � uo �s v� v 9- 000 _ o � a- Town,of North. Andover 4 CtOF77yr 1 ' Offieenof the Building Department Stir OE t.0 '6v3. . � RECEIVED o . . :�' ..: , JOTO' rW t$iy DevelopineAt and Services Division ; ,-�-� NORTH ANDOVER William J. Scott, Division Director -� 27 Charles Street 111j^ �7� p A : orth Andover, Massachusetts 01845'?vf`��� r `r Telephone (978)68; D. RoL1QC Rce T Buildirto Commissioner Fax (978) 688-9542 Any appeals shall be filed NOTICE OF DECISION within(20)days after the Year 2000 date of filing ofthis notice Property at: 400 Osgood Street in the office ofthe Town Clerk. NAME: Paul K Soucy,of DATE: 12/19/2000 One To One Strength Training,Inc. ADDRESS: 400 Osgood Street PETITION: 042-2000 North Andover,MA 01845 HEARING: 12/12/2000 The Board of Appeals held a regular meeting on Tuesday, December 12,2000,at 7:30 PM upon the application of Paul K Soucy,d/b/a One To One Strength Training,Inc.,400 Osgood Street, North Andover,MA as a Party Aggrieved of the Building Inspector and for a Variance from the requirements of S7,P7.3, for driveway width and from Section 8, Supplementary Regulations to allow for less than the required number of parking spaces,and for a Finding from Section 4.122,P 9.b(private for profit educational facilities)in order to allow for the permitted use of a"physical conditioning clinic"within the R-4 Zoning District. The following members were present:Walter F. Soule,Raymond Vivenzio,Robert Ford,John Pallone,and Scott Karpinski. Upon a motion made by Robert Ford,and 2nd by John Pallone,the Board voted to uphold the decision of the Building Inspector and to deny the Party Aggrieved portion of the application,voting in favor: Walter F. Soule,Raymond Vivenzio, Robert Ford,John Pallone, Scott Karpinsid. Upon a motion made by Robert Ford and 2nd by John Pallone the Board voted to GRANT a VARIANCE on parking of 34 parking spaces from a requirement of 61 down to 27 parking spaces on the condition that any change in use in any portion of the structure shall require the petitioner to return to this Board for review and approval of parking requirements for the building pursuant to authority granted by the Board from S8.1.5 of the zoning bylaw. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made.by Robert Ford and 2nd by John Pallone the Board voted to GRANT a VARIANCE from S7,P 8.1.7 for 3'in aisle width in two locations to allow for use in this district and on this site,as shown on the Plan of Land prepared for 400 Osgood Street,by: David Liukkonen, #29381,KNA, 10 Commercial Park,N. Suite 3B,Bedford,NH. 03110,dated October 2000. Voting in favor: WFS/RV/RF/JP/SK. Upon a motion made by Robert Ford and 2nd by John Pallone the Board voted to find in favor for private for profit educational use in the R-4 District in order to allow for permitted use of a physical conditioning clinic as a permitted use in that district and moved that the Board GRANT a SPECIAL PERMIT to allow this use on 400 Osgood Street. Voting in favor: WFS/RV/RF/JP/SK Page 1 of 2 130ARD O r\I'l HAI'\ :S 6z;3-954 i B ILDING 683-9545 CONSER\ATi,YN 633-953U H};:?L'[!1 6S3-9w0 Pi..A :\TSG G88-95.15 R�-CE71 V ED t JOYCE 9ADSNAW CONTINUED— 2nd page—dated: 12/19/2000 T OW N C L ER K NORTH ANDOVER decision for: Paul K. Soucy, d/b/a One To One Strength Training Inc. 1UU� DEC 20 Q b address: 400 Osgood Street,North Andover,MA 01845 10.4 Variances 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 structure 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 substantially detriment to the public good and without nullifying or substantially derogating from 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,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. By order of the Zo oar d of Appeals, Raymond Vivenzio,act' Chairman ml/decisions2000/44/45 • r Town df North Andover k ;%GRT}o 4 ,%L.eS ra'F'} Office of the Zoning Board of Appeals Community Development and Services Division «. William J. Scott, Division Director .�o� 27 Charles Street D. Robert Nicetta North Andover,Massachusetts 01845 Telephone 978 688-9541 Building Commissioner Fax(978)688-942 LEGAL NOTICE Town of North Andover Zoning Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St.,North Andover, MA., on Tuesday the 12th of December, 2000 at 7:30 PM to all parties interested in the appeal of Paul K. Soucy, of: One to One Strength Training Inc., for premises at: 400 Osgood Street, North Andover, as a Party Aggrieved of the Building Inspector, for a Variance from Section 7,Paragraph 7.3 for driveway width and from Section 8, Supplementary Regulations to allow for less than the required number of parking spaces, and for a Finding from Section 4.122, Paragraph 9.b. (private for profit educational facilities) in order to allow for the permitted use of a"physical conditioning clinic". A said premises affected is property with frontage on the South side of 400 Osgood Street, within the R-4 Zoning District. Plans are available for review at the office of the Building Dept., 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 November 28 &December 5, 2000. 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Robert Nicetta North Andover,Massachusetts 01845 Telephone 978 688-9541.Building Commissioner Fax(97$)688-9542 LEGAL NOTICE Town of North Andover Zoning Board of Appeals 1 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St.,North Andover, MA., on Tuesday the 12th of December, 2000 at 7:30 PM to all parties interested in the appeal of Paul K. Soucy, of One to One Strength Training Inc., for premises at: 400 Osgood Street, North Andover, as a Party Aggrieved of the Building Inspector, for a Variance from Section 7,Paragraph 7.3 for driveway width and from Section 8, Supplementary Regulations to allow for less than the required number of parking spaces, and for a Finding from Section 4.122, Paragraph 9.b. (private for profit educational facilities) in order to allow for the permitted use of a"physical conditioning clinic". A said premises affected is property with frontage on the South side of 400 Osgood Street, within the R-4 Zoning District. Plans are available for review at the office of the Building Dept., 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 November 28 &December 5, 2000. Wegalno2000/41 W mia=mcc -oma S«�rnmt10 -o c._ w`ao�3=`°oID conc�$Eco Uo ° �'ooo�mQ_m° �N�c� V onto �Qv�` > mv`pm�_ _mmmE3c`tl��o3o�a�i°va� ��g roCz Wvajmo,¢�p��o=cc2a �.. � cyo °>oL -�Q OVcQ�a�co _ doo co T.T.0 Zro mnvra> OLpTnfpN>LO���yd��>a3j-O �QE L'D��C�ON=. 9'--D 8 OI -2a U-O Z 12 2? (1) �«!� �^mm�yu)2C,1m105a,) 3�>oN-oo50- aEi - M00 U«�cT 7fn p 3:005 Oc) -OYm-O NLN ca �a7` m N >N -a to cQmroa�c, 3:00 a�Y °oto m.- o Q (yomm���jt�o�a�o ya°io����' `amn�E0('3L`�o��00�0 m Zf VV -icc8o� omo�iaoro>W>tQ- Wi0ca�LL�om�cmiot°a�'N tloZ> a�� 1? W 120)1a)0)- a;CLc rna°icrnNEoE¢ d�`tlN_ N�nTgnm°O C��mC�o I aE \lTR1r1.r;RRc°,35 N Y OmO� N mN->'-gyp O F- U ..1 rt�inF n am0 COQ¢S�r�tom°�a�v>��na n._Ovn °min�°iii w� ��P�sJS e. �t p✓l'P � Town of Nortl'd Andover ¢ rioarh� Office of the Zoning Board of Appeals Community Development and Services Division William J. Scott, Division Director �.4 4 Nr¢G 27 Charles Street ssAcr-TU. 978one North Andover,Massachusetts 01845 Telephone D. Robert Nicetta p ( ).688-9541 Building Commissioner Fax(978)688-9542 LEGAL NOTICE Town of North Andover Zoning Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA., on Tuesday the 12th of December, 2000 at 7:30 PM to all parties interested in the appeal of Paul K. Soucy, of: One to One Strength Training Inc., for premises at: 400 Osgood Street, North Andover, as a Party Aggrieved of the Building Inspector, for a Variance from Section 7, Paragraph 7.3 for sacks V'driveway agile width and from Section 8, Supplementary Regulations to allow for LE`� `M?r-) �C- u ja4 parking spaces, and for a . rmit from Section 4.122, Paragraph 9.b. (private for it 8f educats al7facilif es in order to allow for the permitted use of a"physical ! conditioning clinic". A said premises affected is property with frontage on the South side of 400 Osgood Street, within the R-4 Zoning District. Plans are available for review at the office of the Building Dept., 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 November 28 &December 5, 2000. Wlegalno2000/41 Reviewed by: Ril:>RT)Or APPF:4i R a;RX 95d1 P-,T7T.rlT\T(;t RR_9;45 (.(YN4P.Rl:\'1'i(TN SRR )S�(1 TTT;1T TH F,RR )511 Pi.A\?\iT\( �;RR:)Si5 ZONING BOARD OF APPEALS TOWN OF NORTH ANDOVER HEARING DATE: DECEMBER 12, 2000 APPLICATION OF PAUL K. S OUCY D/B/A ONE TO ONE STRENGTH TRAINING, INC. ` FOR SPECIAL PERMIT APPLICANT'S MEMORANDUM Prepared By: Clifford E. Elias, Esq. r I. APPLICANT The applicant is Paul K. Soucy, d/b/a One-To-One Strength Training, Inc., a private for-profit corporation established under the laws of the Commonwealth of Massachusetts ("Applicant"). The corporation is owned by Paul K. Soucy, its sole stockholder and President. He is a resident of North Andover, and lives at 60 Cotuit Street in the Town. The Applicant currently operates a private for-profit educational facility at 16 Haverhill Street, Andover, Massachusetts. II. LOCATION The Applicant proposes to re-locate Ins operation to a building at 400 Osgood Street, North Andover. The building is in a Residence 4 District. A private for-profit educational facility is a permitted use in a Residence 4 District by Special Permit. The Applicant intends to lease approximately 6,000 square feet of interior space from the owner of the building for use as a private for-profit educational facility, if the applicant is issued a Special Permit by the Zoning Board of Appeals "Board"). There are other tenants in the building, which utilize their space for warehousing. III. PURPOSE OF APPLICATION The purpose of the application is to obtain a Special Permit from the Board pursuant to Sub-Section 9. b. of Section 4.122 and Section 10.3 of the Zoning Bylaw of the Town of North Andover. C 2 Paul K. Soucy, d/b/a One To One Strength Training, Inc. IV. OPERATIONS OF APPLICANT The Applicant operates under the name of One To One Strength, Inc. It is a private for-profit educational facility designed to train individuals and groups to improve their well-being, the condition of their bodies, and their emotional status. The Applicant provides worizshops, seminars, and individual sessions, all on an appointment basis, covering the very broad topics of health management and preventive medicine. Issues such as program design and nutrition relating to the lifestyle management of heart disease, osteoporosis, and menopause are a few examples of the programs offered. Rehabilitation of an injured joint or muscle as well as functional movement slzills for enhanced performance are other issues addressed. The philosophy and ideology of the facility are to help the general public sift through the infinite amount of information on health management and science and provide a plan of action for each client.--The plan for a particular client would include consultations and evaluations as well as the implementation of a program to be completed under the supervision of an exercise physiologist at the clinic. Clinic sessions are taught and evaluated over a period of six weeLs. After completion of the six-weelz session, a chient is given the option to sign up for another six-weelz program, newly designed to improve on the previous program. Some clients continue their programs for months and, in some cases, for years. Each client has a designated appointment for two days a weelz. The operations of the Applicant are eight years old and have outgrown the current facilities. Since over 90% of the clients live in North Andover and Andover, it is extremely important for the operations to remain local. 3 Paul K. Soucy, d/b/a One To One Strength Training, Inc. IV. SPECIAL PERMIT The property is located in a Residence 4 District. Section 4.122 of the Zoning Bylaw lists the permitted uses in this zone. The use of a private for-profit educational facility is allowed in this District by Special Permit issued by the Board. See Item 9.b. of Section 4.1222. V. GENERAL PROVISIONS: DISTRICT USE REGULATIONS Reference is made to Section 4 (Buildings and Uses Permitted), Sub-Section 4.1 (District Use Regulations) and Sub-sub-Section 4.1.1, which provides: L In zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit. Emphasis supplied. It can be seen that if a use is permitted in a Zoning District by Special Permit, the Bylaw contemplates that a listed permitted use by Special Permit is similar in character to the other uses in the District. Since a private for-profit educational facility is listed as a permitted use by Special Permit, the granting of such a Permit to the Applicant would be in harmony with, and fulfilling the purpose of, the Zoning Bylaw of the Town of North Andover. 4 Paul K. Soucy, d/b/a OOne To One Strength Training, Inc. VI. CONDITIONS FOR APPROVAL, OF SPECIAL, PERMIT Section 10.3.1 of the Zoning Bylaw lists certain conditions for the approval of a Special Permit, all of which must be met, in the judgment of the Board: a. The specific site is an appropriate location for such a use., structure or condition. The Zoning Bylaw lists the intended use as a permissible use in Residence 4 District by Special Permit. Therefore, when the Bylaw was adopted, it was contemplated that the intended use would be permitted, if the Board of Appeals approves a Special Permit. b. The use as developed will not adversely affect the neighborhood. O The building in which the educational facility will be used is already built and there will be not any exterior changes to it. No additional building construction will take place. Anyone driving past the building will not be aware that the use is taking place. C. There will be no nuisance or serious hazard to vehicles or pedestrians. The operation is a quiet one. All operations will take place indoors. There is no hazardous use contemplated. On virtually all occasions, there will be no more than 10 students, plus 2 instructors in the leased space. d. Adequate use and appropriate facilities will be provided for the proper operation of the proposed use. No loud or obnoxious use will be present. There will be health equipment in place, just as it is in the present location. Adequate bathrooms will be available. 5 Paul K. Soucy, d/b/a One To One Strength Training, Inc. One of the reasons for the move from Andover to North Andover is to provide additional space for the operation. e. The Special Permit G'rantin�Authorit[Zoning Board of Appeals] shall not grant my Special Permit unless they maize specific finding that the use is in harmony with the general p=ose and intent of the Bylaw. Section 1 of the Zoning Bylaw provides as follows: The purpose of this Bylaw is the promotion of health, safety, convenience, morals and welfare of the inhabitants of the Town of North Andover...by regulating and restricting the use of land and building, thereby: 1. encouraging the most appropriate use of land, 2. preventing overcrowding of land; 3. conserving the value of land and buildings; 4. lessening congestion of traffic; 5. preventing undue concentration of population; 6. providing adequate light and air; 7. reducing the hazards from fire and other danger; 8. assisting in the economical provisions of transportation, water, sewage, schools, parks, and other public facilities; 9. controlling the use of bodies of water, including watercourses; 6 Paul K. Soucy, d/b/a One To One Strength Training, Inc. 10. reducing the probability of losses resulting from floods; and 11. reserving and increasing the amenities of the Town. The use is one that is contemplated in a Residence 4 District and is listed in Sub-Section 9. b. of Section 4.122 of the Bylaw. A review of the operations of the Applicant and the above-listed purposes will demonstrate that they are in harmony with the Zoning Bylaw of the Town. The contemplated use will not adversely affect any of the purposes. Clearly, if the Board finds the conditions necessary for the approval of a Special Permit, the intended use will increase the amenities of the Town, assist in the economical provision of a desirable facility, and would be an appropriate use for an already existing building. VII. CONCLUSION O The Applicant submits that the information contained in the application, in this Memorandum, and in the presentation to be made at the public hearing is sufficient for the Zoning Board of Appeals: 1. To conclude that, in its judgment, the conditions set forth in section 10.3.1 of the Zoning Bylaw (and listed in Item VI of this Memorandum) have been met; 2. To make specific findings in its decision that the above-listed conditions have been met; 3. To conclude that a Special Permit is appropriate for the contemplated use as set forth in the application, in accordance with the Zoning Bylaw. 4. To approve the granting of a special Permit to the Applicant. O i - 1 Paul K. Soucy, d/b/a One To One Strength Training, Inc. VIII. REQUESTS 1. The Applicant respectfully requests that the Zoning Board of Appeals maize and record in writing in the decision of the Board the findings as set forth in Paragraph VII, Conclusion, above, in this Memorandum. 2. The Applicant respectfully requests that the Zoning Board of Appeals grant a Special Permit for a private for-profit educational facility to Paul K. Soucy, d/b/a One To One strength Training, Inc., at 400 Osgood street, North Andover, i Massachusetts, all pursuant to the provisions of Sub-section 9.b. of section 4.1222 and Section 10.3 of the Zoning Bylaw of the Town of North Andover. Respectfully submitted, OPaul K. Soucy, d/b/a One-To-One Strength Training, Inc. By His Attorney: i Clifford E. =s ' 112 Chestnut Street North Andover, MA 01845 Tel: 978.686-1092 Fax: 978.686-5955 BBO No. 152920 8 I North Andover Zoning Bylaw Amended Mav 1999 r. THE ZONING BYLAW j TOWN OF NORTH ANDOVER 72 TAO 'E f E S � ��,' �C�^ ` 6Z.a✓;��`p`�e �fir"^ —Co- H 'q TE ® P- A C H U AMENDED MAY 1999 1 X A I g PI xNorth Andover Zoning bylaw Amended May 1499 f i 16. Any accessory use customarily incident to any of the above permitted uses, provided that ski^; accessory use shall not be injurious,noxious,or offensive to the neighborhood. u G� !� 17. Family Suite-a separate dwelling unit within or attached to a dwelling for a member of a househeW is allowable by Special Permit provided: a. The dwelling unit is not occupied by anyone except brothers, sisters, maternal and paten. parents and grandparents, or children of the residing owners of the dwelling unit; b. That the premises are inspected annually by the Building Inspector for conformance to section of the Bylaw; C. The Special Permit shall be recorded at the North Essex Registry of Deeds. 'I j 18. Accessory buildings no larger than sixty-four (64) square feet shall have a minimum five (5) ft setback from side and rear lot lines and shall be located no nearer the street than the building he the dwelling. I! 19. Day Care Center by Special Permit. (1985/23) jf 1 I 20. Independent Elderly Housing by Special Permit in Residence District 3 only. 4.122 Residence 4 District 1. One residential building per lot. �I 2. Place of Worship. fI 3. Renting rooms for dwelling purposes or furnishing table board to not more than four(4) persons i members of the family resident in a dwelling so used, provided there be no display or advertising such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-f( It (24) inches in size, and further provided that no dwelling shall be erected or altered primarily i such use. i' 4. For the use of a dwelling in any residential district or multi-family district for a home occupation r; following conditions shall apply: s ^'4 i - a. Not more than a total of three (3) people may be employed in the home occupation, one whom shall be the owner of the home occupation and residing in said dwelling; l b. The use is carried on strictly within the principal building; E 28 z gaggg?t; s<i North Andover Zoning Bylaw Amended May 1999 Chat C. There shall be no exterior alterations,accessory building,or display which are not customary with residential buildings; a househo{ d. Not more than twenty-five (25)percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products and pater(; which occupy space beyond these limits; e. There will be no display of goods or wares visible from the street; nance to t : f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any other way become objectionable or detrimental to any residential use within the neighborhood; five (5) fo- .gilding linek g. Any such building shall include no feature of design not customary in buildings for residential use. 5. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease, or dale of the premises upon which they are placed. O6. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b. On any lot of at least three(3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds or pets of persons not 1) persons n' resident on such lot. advertising r y twenty-fol; C. On any lot of at least five(5) acres the keeping of any number of animals or birds regardless primarily f - of ownership and the operation of equestrian riding academies, stables, stud farms. dairy farms, and poultry batteries. -cupation d. The sale of products raised as a result of the above uses on the subject land. 7. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted pation, ones provided they are enclosed by a suitable wall or fence at least four(4)feet in height to be determined by the wilding Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimurn ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. 29 C North Andover Zoning Bylaw Amended May 1999 i 8. Museums. 9. a. Public and private non-profit educational facilities. (1986/17) b. Private for profit educational facilities by Special Permit. (1986/17) � 198E 10. Municipal or use,and public service corporation use(Special Permit required). . i 11. Golf course. 12. Swimming and/or tennis clubs shall be permitted with a Special Permit. 13. Cemetery. 7 1 14. One or two-family dwellings, including the right to convert any existing dwelling to accorr not more than five (5) family units by Special Permit from the Zoning Board of Appeal public hearing with due notice given,provided: a. No major exterior structural changes shall be made which alter the character of the neighborhood. The right to convert shall apply to any dwelling under the ownershil single person, partnership or corporation to be converted for use as a dwelling of n than five (5) family units, and meeting all requirements of the State and Town Stat Bylaws, including the Health Codes, wilding Codes,Zoning Laws, and Zoning Byh b. Stairways leading to the second or any higher floor shall be enclosed. (1987/24) 15. Municipal recreational areas. j ; 16. Guest or rooming houses. j 17. Nursing and convalescent homes - see dimensional requirements of Table 2 (Specia required). s, 18. Any accessory use customarily incident to any of the above permitted uses, provided t accessory us shall be not injurious, noxious,or offensive to the neighborhood. €i 19. Accessory buildings no larger than sixty-four (64) square feet shall have a minimum five setback from side and rear lot lines and shall be located no nearer the street than the buildir the dwelling. 20. Day Care Center by Special Permit. (1985/23) ..: 30 1` { I i4 a North Andover Zoning Bylaw Amended M v 1999 O2 . Congregate Housing for Elders- Special Permit a In the R-4 zone the Planning Board may grant a Special Permit for congregate house consistent with Special Permit criteria and procedures set forth in Section 10.3 of tl Bylaw. req ) ( ) b. The maximum allowable FAR for congregate housin shall be 0.30 in the R-4 Distr t required). 196/1$>� g (seven(7)units). C. In no instance shall any new or pre-existing building used for congregate elderly housi have more than fourteen(14)dwelling units. d. All dimensional criteria established in Section 7, Table 2 Summary of Dimensio Regulations shall apply to all structures used for congregate housing purposes. ,velling to accommod�= pard of Appeals after 4:123 Village Residential District(1987/11) 1. Single family residential structures. character of the existi ler the ownership of q 2. Two family residential structures. dwelling of not � mo d Town Statues� 3. Multi-family residential structures,not exceeding five(5)dwelling units per structure. and Zoning Bylaws. 4. Place of worship. t. (1987/24) 5. Renting rooms for dwelling purposes or furnishing table beard to not more than four(4) persons members of the family resident in a dwelling so sued, provided there be no display or advertising such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty- (24) inches in size, and further provided that no dwelling shall be erected or altered primarily such use. able 2 (Special Pen 6. For the use of a dwelling in any residential district or multi-family district for a home occupation. following conditions shall apply: ries, provided that sup a. Not more than a total of three (3) people may be employed in the home occupation, on ,d. whom shall be the owner of the home occupation and residing in said dwelling. a minimum five (5) fo b. The use is carried on strictly within the principal building. than the building tine C. There shall be no exterior alterations, accessory building,or display which are not custor with residential buildings. 31 C North Andover Zoning Bylaw Amended May 1999 OYard (Setback) dtchen finopen space which lies between the principal building or group of buildings and a lot line. ,n, whether h 2 Yard,Front (Setback) rhlri®pen space extending across the entire width of a lot between any building thereon and the street lot be the lot on which such building stands. he guideline Vp Yard,Rear(Setback) . _ open space extending across the entire width of a lot between the rear of any building thereon and the -lot of the lot on which such building stands. )prnent, P)a�l -otection D yard,Side(Setback) s. The Bogen space between the side line of a lot and the adjacent side of any building thereon, such open space signs asspec understood to cover the entire extent between the front yard and the rear yard of such a lot. all other S r � (1985/25) See 2°30,1 2 Planned Development District Bylaw only u� i ' 1 Planned Development District - A Planned Development District shall mean development of an area f of land as a single entity,which lies in an Industrial-S (I-S) District, in which a mixture of residential, open space, commercial, and/or industrial uses, and a variety of building types and designs are T1,a determined to be sufficiently advantageous to render it appropriate to grant a Special Permit to depart from the normal requirements of the district in which the PDI? is to be located, to the extent n on a p s : authorized by this Zoning Bylaw. F 4: Usable Open Space - The part or parts of land or structure within the PDD which are reserved for active or passive recreation use. This space shall exclude parking areas, driveways, and walkways o ng, among and open areas in commercial areas such as cafes and shall be open and unobstructed to the sky. .dio towers, Trees, plantings, arbors, fences, sculpture, fountains, swimming pools, open-air recreational helters, fences facilities, laundry,apparatus and similar objects shall not be considered obstructions. or part thereo 2, 7 Public Parking Area kug area owned and maintained by the Town of North Andover. iependent dw"1111 H. S TION ZONING DIS'T'RICTS AND BOUNDARIES 3.1 Establishment of Districts �Nr ick ate: The Town of North Andover is hereby divided into zoning districts designated as follows: 3 23 pill 11 North Andover zoning Bylaw Amended May 1999 Residence I District (R1) Residence 2 District (R-2) Residence 3 District (R-3) Residence 4 District (R-4) Village Residential District (VR) Residence 5 District (R-5) Residence 6 District (R-6) Business I District (B-1) Business 2 District (B-2) Business 3 District (B-3) Business 4 District (B-4) Village Commercial District (VC) General Business District (G-B) Industrial I District (1-1) Industrial 2 District (1-2) Industrial 3 District (1-3) Industrial S District (1-S) Flood Hazard District Watershed Protection District 3.2 Zoning Map The zoning districts established by this Bylaw are bounded as shown on a map dated May 12, 197 same may be adopted by the Town, and as it may hereafter be amended. Said map accOmPani hereby made a part of this Bylaw. Any land area not designated upon said map as being withi zoning district shall be within the Residence-2 District. The Flood Plain District is defined as all areas so designated on maps entitled "Flood insurance F, (RW and Flood Boundary and Floodway Map dated June 2, 1993 and as it may hereafter be on file with the Town Clerk, incorporated by reference herein 13 District Boundaries Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the Zo the Building Inspector shall determine the location of such boundaries. In reaching any such dete the Building Inspector may properly rely upon the accuracy of the land area descriptions appearing in the Zoning Bylaw adopted by the Town in 1956, and as thereafter amended, insofa them may be pertinent thereto. 24 North Andover Zoning Bylaw Amended May 1999 *n granting a permit the Building Inspector shall cause a copy to be posted on the property to which it plates in a conspicuous place. Certificate of Use and Occupancy TMJ o building hereafter erected, enlarged, extended , or altered shall be used or occupied in whole or in part rltil a certificate of use and occupancy has been issued by the Building Inspector. No building or land, aged from one use to another, in whole or in part, shall be occupied or used until a certificate of use and coupancy has been issued by the Building Inspector. This certificate shall certify compliance with the �zovisions of this Bylaw and of all applicable codes(1974). P=; a13 Penny forViolation never continues to violate the provisions of this Bylaw after written notice from the Building Inspector tnanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of three Bred dollars ($300). Each day that such violation continues shall be considered a separate offense. 6/15) 2 Board of Appeals a2.1 Appointment and Organization ere shall be a Board of Appeals of five (5) members and not more than three (3) Associate Members, #ch shall have and exercise all the powers provided under G.L. Chapter 40A,and which shall hear and :fide all matters specifically referred to the Board of Appeals by the North Andover Zoning Bylaw and 3. pier matters referred to such Board by statute. The Board of Appeals members and Associate Members ° 1 be appointed by the Selectmen in the manner provided by statute. thin two (2) weeks of the beginning of each calendar year, the Zoning-Board of Appeals shall organize tl elect a Chairman and Clerk from within its own membership. length of terms of the members of the Board of Appeals shall be such that the term of one member ices each year. A member of the Board of Appeals may be removed for cause by the Board of ectmen only after written charges have been made and a public hearing has been held. 12 Powers of the Board of Appeals Board of A PPS shall have the following powers: ' To hear and decide actions and appeals as provided herein; 145 j sa t: w' `j; North Andover Zoning Bylaw Amended May 1999 2. To hear and decide applications for appropriate Special Permits and variances which the Board Appeals is required to act upon under this Bylaw. 10.3 Special Permit The Special Permit Granting Authority shall adopt rules and regulations for the conduct of its usin relative to the issuance of Special Permits. A copy of these rules and regulations shall be filed with the Al Town Clerk. The rules and regulations shall contain, as a minimum, a description of the size, fo contents, style and number of copies and number of plans and specifications to be submitted and t procedures for submission and approval of Special permits. The Special Permit Granting Authority may grant a Special permit within the fiamework of this Bylaw o after holding a public hearing which must be held within sixty-five (65) days after the applicant files for su Special Permit. The sixty-five (65) days period shall be deemed to have begun with the filing of >_ application with the Special Permit Chanting Authority. The applicant is responsible for transmitting a co; i of the application for a Special Permit within twenty-four(24) hours of the filing of the application with Planning Board or the Board of Selectmen and to the Town Clerk. If an application for a Special Penni E to be filed with the Board of Appeal, the applicant shall file the application with the Town Clerk, who s ° transmit the application to the Board of Appeals within twenty-four(24)hours. 4. n 10.3.1 Conditions for Approval of Special Permit Y^ 1. The Special Permit Granting Authority shall not approve any such application for a Special perr unless it finds that in its judgment all the following conditions are met: �5. a. The specific site is an appropriate location for such a use, structure or condition; b. The use as developed will not adversely affect the neighborhood; E Ok C. There will be no nuisance or serious hazard to vehicles or pedestrians; `6 d. Adequate and appropriate facilities will be provided for the proper operation of proposed use; e. The Special Permit Granting Authority shall not grant any Special Permit unless they male specific finding that the use is in harmony with the general purpose and intent of this Byla 2. In approving a Special Permit, the Special Permit Granting Authority may attach such conditi and safeguards as are deemed necessary to protect the neighborhood such as, but not limited to, following: a. requirements of front, side, or rear yards greater than the minimum required by this Byla 146 i:;; { # North Andover Zoning Bylaw Amended May 1999 Board, .,� b. Requirements of screening parking areas or other parts of the premises from adjoining kz`1 premises or from the street, by walls, fences, planting, or other devices as specified by the Special Permit Granting Authority. Ls bus C. Modification of the exterior features or appearances of the structure; a the t^I d, Limitation of size,number of occupants,method or time of operation, or extent o f facilities; size, fo dd and ;. e. Regulation of number, design and location of access drives or other tr c eatures. I � Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a Bylaw otwo (2)year period from the date on which the Special permit was granted unless substantial use or les for construction has commenced. If the applicant can show good cause why substantial use or fling of f\, construction has not commenced within the two (2) year period, the Special Permit Granting ting a c Authority, as its discretion, may extend the Special Permit for an additional one (1) year period. ion with l Included within the two (2) year period stated above, is the time required to pursue or wait the ial Perms , determination of an appeal from the provisions of the Bylaw. who s ;r Vis` The Special Permit Granting Authority may, within the guidelines for Special Permits contained herein, allow accessory uses whether located on the same lot as the principal use or not, wherever 0 t, necessary in connection with scientific research, scientific development or related production Ali",-, provided that the Special Permit Granting Authority finds that the proposed accessory use does not )ecial pesubstantially derogate from the public good. h Within (90) days following the date of the public hearing, the Special Permit Granting Authority shall take final action in the matter in order to issue a Special Permit provided for in this Zoning 5 Bylaw. There shall be at least four (4) of the five (5) members of the Granting Authority voting in 1 favor of issuing the Special Permit. A Special Permit granted under the provisions of this Bylaw shall not take effect until: ation of a. The Town Clerk certifies on a copy of the decision that twenty (20) days have elapsed without of al or that an appeal filed has been dismissed or denied; I an appeal Y PPe they mak f this Byla., b. The certified decision has been recorded at the owner's expense in the Essex County 1 Registry of Deed's indexed in the grantor index under the name of the record owner, and ch conditi4l noted on the owner's Certificate of Title; imited to, C. If the Special Permit involves registered property, the decision, at the owner's expense shall JJ:<,, also be filed with the Recorder of the Land Court. v this Byla '`:. 147 l North Andover Zoning Bylaw Amended May 1999 k 10.3.2 Temporary Permit The Board of Appeals may grant a temporary Special Permit for use or occupancy permit for a period of n °' more than one(1)year at a time, subject to a single renewal. Such permits shall be subject to conditions `;:.; imposed by the Board related to safeguarding the character of the district affected and shall be processed accordance with the procedures provided herein for the granting of Special Permits. 9 Lk f 10>4 Variances and Appear The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of t Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, topography of the land or structures and especially affecting such land or structures but not affect' generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will invol' substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may granted without substantial detriment to the public good and without nullifying or substantially derogat' "y from the intent or purpose of this Bylaw(1998/32). Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a per r aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector, the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town North Andover, or an abutting city or town, aggrieved by an order or decision of the Building Inspector '` 0 other administrative officials in violation of any provision of this Bylaw. Thi Any petition for an appeal above must be taken within thirty (30) days of the date of the order or decisi ,, pe that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, w ' o, shall forthwith transmit copies of the appeal to such officer or Board, whose order or decision is be'find appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zo m Board of Appeals all documents and paper constituting the records of the case in which the appeal is take 1. No petition for a variance or appeals shall be granted until a public hearing is held on the matter ';M the Zoning Board of Appeals within sixty-five (65) days after the Zoning Board of Appeals recei r I the petition from the Town Clerk. Wi 5`Sel 2. The Zoning Board of Appeals must make its decision on a petition for a variance or appeal wit a; seventy-five (75) days after the date of the petition is filed with the Town Clerk. In order to gran!-h petition for a variance or an appeal, four (4) of the five (5) members of the Board must concur. W. the Zoning Board of Appeals fails to act within the time limits specified herein., the petition fo rTo variance or appeal shall be deemed granted. 'Ea a_ In the case of a variance, the Zoning Board of Appeals may impose conditions, sate€n and limitations of time and use, however, these conditions cannot require contin ,e 148 f. �i f. CLIFFORD E. ]EILIAS 112 Chestnut Street tal h ne: B: 86��,10, North Andover, Massachusetts 01845 �c m4We: 978.686-5955 s DEC To: Zoning Board of Appeals Town of North Andover Date: December 4, 2000 Re: Application of Paul K. Soucy d/b/a One To One Strength Training, Inc. Paul K. Soucy, d/b/a One To One Strength Training, Inc., has filed an application with the North Andover Zoning Board of Appeals for a Special Permit for a private for-profit educational facility at 400 Osgood Street, North Andover, pursuant to the provisions of Sub- Section 91. of Section 4.1222 and Section 10.3 of the Zoning Bylaw of the Town of North Andover. The hearing on the application will be held Tuesday, December 112000. I will appear at the hearing on behalf of Mr. Soucy. You will find enclosed an "Applicant's Memorandum" which I prepared for the members of the Board. I trust the members will find it helpful in considering the application. Jifford E. Elias RECEIVED Received by Town Clerk: JOYCE BRADSHAW TOWN CLERK TOWN OF NORTH ANDOVER. 1vLzkSSACHUSE f 18TH ANDOVER BOARD OF APPEALS ���� APPLICATION FOR RELIEF FROM THE ZONING A 11: 4.9 APP licant . '� J v uc Address ZZ "/5' Tzl. No. x/75 1. Applicant is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zonin�__>Bvlaws. b) For a Special Permit under Section !t/ 22 Para`7raph ` d. of the Zoning Bylaws c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. ?_ a) Premises affected are land and buildings) numbered Street. b) Premises affected area property with frontage on the North ( ) South ( East ( ) West ( ) side of Street. C) Premises affected are in Zoning District k- - and the premises affected have an area of 5. square feet and frontage of 3 9() feet. A 3. Ownership: a) Name and address of owner (if joint ownership, give all names): r�0 �s •odd �Jt/Lr�G,�i� ��f L���f�u� /s,��i.��f �� r��9J�� i Dat of Purchase S U` Previous Owner Ve 1"'X7-ne I,("(Jeum b) 1. If applicant is not owner, check his/her interest in premises: Prospective Purchaser _Lessee Other 2. Letter of authorization for Variance/Special Permit required jee 5 of 8 4. Site of proposed building: front: feet deep; Height Az stories: feet. a) Approximate date of erection b) Occupancy or use of each floor: j`t -- c) Type of construction 5. Has there been a previous appeal, under zoning, on these premises'? /,/D When 6. Description of relief sought on this petition f���-'� �"%� °� �rJ� � �� P / Gr��d�`?D�/lk �c✓ clejcr L/ed ,al,, 7. Deed recorded in the Registry of Deeds in Book L/3 / No. Page Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) Z6771Z5 I agree to pay the filing fee, advertising in newspaper, and incidental expenses' l l � Z& 2-Dad dtit Signature of Petitioner(s) a 6of8 WORK SHEET DESCRIPTION OF VARIANCE REQUESTED ZONNG DISTRICT: Required Setback E;cistin<z Setback Relief or Area . or Area Requested Lot Dimension Area Street Frontage y vD , Front Setback (s) Side Setback (s) Z, Rear Setback ( } l ,,Of - 4-Special Permit Request: .11J�� C1/ �'� ��,/r�c/ C,�/�t��'���--e._ ce✓ (�.J t.r•`L�c i 7 of S Plan Review Narrative The following narrative is provided to further explain the reasons for the action on the property indicated on the reverse side: a �...,., ���y l a lai �+.� k� ui�.. �+ [ y�� .'��� f� N, ,Y 4 � ��,+�•Iq��" n r 9 ����nt�5 ��^, �� S '1�•t4t;€s��'�im_.�+�?�f�i.,�u..�a �Sdr � .n �d4 a: S �`s�'q'�'�`¢ "�. 7d�}i�,1 �A �ti��� � �� a���`i _! D-4 t C tr u 5 r 2rTi-ea ,v — SCzaio u 4.17-2- ,oms's " X01 r3-<•L-ow � �d�o's�-7 �'l�C sc/�-L. �► �� ,� S=ow. L L) , //U 14-ZjL -t�R�C,ti C.S ,c /J•.v LI-S VAe7/ N CES 5 (, L s l�ysu s T' D'bLt'SS -� Referred To: Fire Health Police Zonin Board Conservation De artment of Public Works OtherPlanni Historical commission Other BUILDING DEPT ZoningBylawDenia12000 Zoning Bylaw Review Form Town Of North Andover Building Department "4A„o'er`5 27 Charles St. North Andover, MA. 01845 < Phone 978-688-9545 Fax 978-688-9542 Street: 4 0 rs Map/Lot: Applicant: w M. r3 A Q. s fl-;��L... Request: Us ' Date” ,2N i rwCr- Oc:-`ro �1 eac, Please be advised-that after review of youir'Application and Plans your Application is APPROVED/DENIED for the following Zoning Bylaw reasons: Zoning Item Notes A Lot Area (tern Notes F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 .Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Informationcs 4 Insufficient Information. B Use 1 Allowed 5 No access over Frontage No G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 PreexistingCBA. 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 I Building Coverage 6 Preexisting setback(s) C S 1 Coverage exceeds maximum 7 Insufficient Information. 2 coverage-Co lies D Watershed 3 Coverage Preexisting 1 Not in Watershed c�5 4 Insufficient Information 2 In Watershed �!d j Sign 3 Lot prior to 10/24/94 is 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information c E Historic District c�� K Parking 1 In District review required 119--1 More Parking Required 2 Not in district cs 2 Parking Complies 3 Insufficient Information c Remedy for,the above is checked below. Item # Special Permits Planning Board. Item # Variance 'f�-t Site an Review Special Permit Setback Variance Access other than Frontage Special Permit Frontaa Exception Lot SID Permit _ Parkin Variance Common Drivewa S ecial Permit Lot Area Variance Congregate Housing Special Permit Hei ht Variance Continuing Care Retirement Special Permit Variance for Si n Independent Elderly Housing S ecial Permit Special Permits Zoning Board Lar a Estate Con Special Permit Non-Conformin Use ZBA do S ecial Permit Planned Develo ment Districts ecial.Rermit Earth Removal S ecial Permit ZBA S ecia Planned Residential Special Permit l Permit Use not Listed but Similar R-6 Density S ecialPermit Special Permit for Sign Watershed S ecial Permit Other Su I Additionallnformation The above review and attached explanation of such is based on the plans,request for or information submitted. No definitive review and or advice shalt 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'Ptah Review.Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. Bulld�pa� ialSi nature -- Ifl'a —mob iv_�y-coo g Application Received Application Denied Denial Sent: /U-49--oo If Faxed Phone Number/Date: October 20, 2000 Bob Nicetta Building Department Town of North Andover Dear Bob: This letter will serve as an attachment to the building permit application submitted by Bill Bannister of 400 Osgood St. and Paul K. Soucy of One To One Strength Training Inc. One To One Strength Training Inc, services the community by offering workshops, seminars and a by appointment only physical conditioning clinic covering the very broad topics of physical health management and preventive medicine. The company is eight years old and we have outgrown our current location in Andover. Over(90%)ninety percent of our clients live in the towns of North Andover and Andover. It is extremely vital that we stay local and convenient to our customers. I have been searching for a new location for over two years and have been unable to find a space of warehouse nature thus meeting our criteria. According to the Zoning Bylaw for the Town of North Andover, 400 Osgood St. is in a Residence 4 District section 4.122. One To One Strength Training Inc.,permitted use would fall under section 4.122 9.b., a for profit educational facility requiring a special permit. The clinic is set up to handle a maximum of(10)ten clients per clinic hour. The number of parking spaces required would not exceed twelve. Those numbers would include two staff persons. Under the current building plan at 400 Osgood St., One To One Strength Training Inc., would be leasing the larger portion(approximately 6,000sD of what is considered tenant number five. The addition of two bathrooms with a small changing area in each will be indicated by the submitted drawings. There will not be a need for a sign of any type for this business. Thank you, for your time and consideration of this matter. ince y, �e d.� So y Presid nt The principal points upon which I base my application are as follows: One To One Strength Training Inc., is an educational consulting company providing workshops, seminars and a by appointment only physical conditioning clinic covering the very broad topics of physical health management and preventive medicine. Issues such as exercise program design and nutrition relating to the lifestyle management of heart disease, osteoporosis, and menopause are a few examples. Rehabilitation of an injured joint or muscle as well as functional movement skills for enhanced athletic performance are other issues addressed. The philosophy and ideology is to help the general public sift through the infinite amount information on exercise and health science and provide a plan of action. The plan of action would include consultations, evaluations as well as the implementation of an exercise program to be completed under the supervision of an Exercise Physiologist at the clinic. Clinic sessions are taught and evaluated over a period of six weeks. After completion of a six-week session, a client may choose to sign up for another six-week course. Each client will have a designated time slot by appointment only two days per week. As indicated previously in the letter to Bob Nicetta of the Building Department, a space of warehouse nature is the most logical and appropriate use for this type of business. The requirements are generally ground floor, open space and high ceilings. This criterion is hard to find in other buildings where office is the primary use. The nature of the business as described above will in no uncertain terms affect the neighborhood or be a nuisance to vehicles or pedestrians. The clinic is set up to handle a maximum of(10)ten clients per clinic hour. The amount of traffic based on this small number is nearly negligible. Under the current use as a warehouse,the potential for an increase in the amount of large trucks accessing Osgood Street is probable and thus may adversely affect the neighborhood. As indicated by the submitted drawings,the addition of two bathrooms with a changing area in each as well as the construction of a small office will be provided for the proper operation of the proposed use. Finally,I would ask the Zoning Board to be sensitive to the space requirements for this type of business. We have a very unique and sophisticated operation unlike any other in the country. The educational clinic format satisfies the use and is in harmony with the purpose and intent of the Bylaw. I am a resident of the town of North Andover and would hike to operate my business here for at least the next ten years. TOWN OF NORTH ANDOVER UST OF PARTIES OF INTEREST: PAGE_ OF / SUBJECT PROPERTY MAP PAR #I NAME ADDRESS fy / I Y00 p ooat * _Movtn'.,A-c--7-rut-F 11OQ4Sr,:> ABUTTERS: ll Sy 10�•►N oFftZ., AnZ:C:oUEQ_ /e2d M AIN sT . tv. flK a MG. o/gtiY 2 5 '[oww o 1' ►30 1}Nt��� -�, t;t O CYl A.N 5.T N . A.4cxa-lcv M0 01 g YS 3 4 ;1- 1-0oEa— 120 (vtR 1N `5—t _ /L1. Q. ©/T-%( ..7_ 5 �c 6 POA.3d /4C)l t jF= oLZrar=2S 9 o glry-%-r acvt..;l1 YYI$ O! 3 71/0 a 05 oocl S--V. 1U . 81 2Q rfLa gra Sr-k- Q . AA cA,)-,c,' IV)a_ O 9 10 11 12 13 14 15 16 17 18 THIS CERTIFIES ONLY THAT ON lei at) THIS LIST OF NAMES&ADDRESSES OF PARTIES OF INTER T AS PREP,,ARWBY TH PPPtlCANT FROM THE RECORDS OF THE ASSESSORS OFFICE. ASSES FFICE (T'R.? lumm CONTROL NOTE \ / _ ]FURNISH s NsrAUL _ smrc atac DAM(Tm.) - - pA —104J -CESS R _ - _=° - _ —— ,a _r — — — _ S x 2-CP RAP _ 1%24 1%02 \ \\� 0 Y — — tOD L.F.DRANAGE \\\ _ 10%51 97.76 IREATMENT CHANNEL \ O 5.0.001 O \ OO: lox -101- — 10q;ao \ \\ O 4 \' 4, too 9 s ,'� E EMERGENT ZONE(EL 94.0 70 EL.9") / 54:15 r r \\\ (AREA 2,700 SF.*-SEE N07E/4 a 5 9x47 S 35'J \\- — \ TURF ESTABUSNMENr saEouLE-s1T.3 OF 3) \\ SHALLOW AQUATIC ZONE(EL S&O TO 1L 95.9) \ Q I TURF ESTABLISHMENT SCNEDUE-SHT.3 OF 3) ///� SP ` • 98x33 12 \ \� kp . \\ D 01 rim/ �a �1 �\ F`� \ WR Rx0I,�E� � p,RK A A /moi ,D�Da aaaagg �, H se i aap� `� 0M.Y PVC UNDERDRAN ` \ \\� (70 BE RELOCATED OR REPLACED) 5��.1 \\\\\ \ Q LEWVD GAL 1/ EXP EX1STIN 'OUSE LOADING S` 1'x9 9 —0� 9 4 .':.'.a."' 1 &19 19 ISEC A� 39 RIM EL 9916 W WATER LINE CZO5' /, �* a P RW \ iNK oNur9eaespr ) NG�SE x INV-999 PROP.INV.N 9175(1z•Aos N-,2) cps GAS LINE J WARE �oo.af EW.STARS '.��a 4 AL ::: 7 9 \ , \ $ SEWER LME 9x9 RICE w____5�+�F n 9 KY 9C77*e�BI�DO J W � WYNT d � ,EIA4 9 \\\ E70STN0 CONTOUR fl00 \ , / ET90YF �\ b• 7ifb 97x04 �•/ \�\ 4 \ PROPOSED CONTOUR rr y r. BxBe 1 \ a /.fes IN8eW6 0 a ii � N.93.9t n/ � S •�� �•�•�•�•� EDGE OF WETLANDS 3 �Y tNK CSI 4.0.010 ` 1 /a � ice/ '// ` /SAIR i���J n�q aso-4• / I ti 4 6 1 CLEANOUT 91 It \ Emma SPOT DRAW 10932 Ra, RAP, n3* NV.Oft \ X T FlPhS PROPOSED Por GRAD e\ F70o 1a PI �r NV.� 1 - f 11 � 13 LFS AND / r \�\\\ \\ \ OFEC110N OF RAW IgA AS - J — AeACMIP waN 20 LF.ExISf _ \ \ \ _ • y ma® PROPOSED N7UIel0U5 CURB x x�•. x��z 100 LF. x 93e�i� or E)_+.i ce'' *9712 su iuT) tp TREATMENT CHANNEL / =y - _WEA 1401- --SUMP 93.3 97 / \\ \\\ 9 41 \ (R OF ---EM 11 9P41WAY /} To BE ,• , AREA NOP _ INV.-9&2 / x visimas7 / / for e�ar� 0' —STD G s� — — — — — — _ APPROX LOCATION OF DM.Tz•CMP /(t \ i•_ �� 9RA 'y +fir. 1a 98- —� — r �� OaN�41CI0R O -es_ — — �1m BE AOANDa1ED) — — — .e• e 1tIL a mLLnR+°nM b+c3+.�: �\ \\ g ;yt�•;,nr '--' — ��'��--••----1111.. / 06 � rl \ �94L �'• ` ' (�. •�� 95 EROSION CONTROL NOffi \ q�•�;; r a•`•�'� FURNISH&INSTALL Fy7 1.`az ,y — -'. J�r PARING TATC/l AMNO WATE17 1 FENCE A I SIiOtM ITYPJ STATE RETLANDS BOUNDARY AS PER REP CE PLAN 03 `__-���\ �� �•�� \ \ \ \V � 10-YR 93.5* \ \ ALSO REFER TO*DETERMINATION PR0 OF CNAPPLICABILITYARo _ — 50-YR. 94.3* \ NORTH ANSEMDOVER CONS 09 PR01EO W ACT'FROM rr .� 94 100-YR 95.0* \ MICHAEL D.HOW RD DATED: IN COIMIS90N 70 NId1AE1 D.HOWARD DRIED: 10/19/9x. END OF EM4T.17 CMP�, �� 500-YR. 9617* TOP OF PIPE EL".•'ft •PEH FLOOD STUDY-TOME OF NORTH ANDOVER.MA \\\ 9� (SHEET imp) \�,\ \\ GRAPHIC SCAM \� m a x a b L Leen- 20 ,L PRO.I=NO. 98-0811-1 NON-RESIDENTIAL SITE PLAN PREPARED FOR: RRws�oNs LTJ/��j OIENlOt 400 OSGOOD STREET OEa 1 DAT&SEPT., 1998 ST 11111)w J �1 MM-NOR AS7 =.6A517C1= WC. �O O�TMD �� NOMINEE VA.UAM BANNISTER 1 REN9E SR.TATION FENCE LOCATION fig-t• - 20• �/O 380 WINTER STREET d" ftLos316 X010 Put"(0 ) NORTH ANDOVER, MA 01845-140 79 000 RE\M Y PARIONO LAtytlr ,a�,.,.,.,,.�N.Aea 9ma E9L s ua�+ ,a oN,o PA...(9W)�+,-,«. LOT 94-1 - NORTH ANDOVER. MAWACHUSE I VOL 5131: PC. 214(JULY 30. 1998) B� z or 3 I 1 �SRACE 1 I .f I OLOIIRACE I MOVED GRACE I I I I 1 ti E4 14 94 . I -2 H0.FIRE SEPARATION WALL I I I ' w'-''<i:.•,�',^:•:-s' w i i ELECTRICAL LEGEND Y _.._T. j ExISTINGWALLCTYP.) I i 0 1 -0 kl I i 1 I I Et-EXITSGICWf..IRM CAWYL16NEiNG.. 1 I I I L. - 1 FOR FUTURE DOOR E2r EfpTS1Gt._ TENANT#i i I 1>pe55ESl oZ/44 .Ij/Wf '6 5 'MiLFIRESEPARM)ONWALL I 1 I {_9Cp{ 1 ,TI'¢,1GiRiTYFIMRklM0TE11EAlCS) ik. ^'-'*----^•-r�r— I 1 I i w►4S >e i I I "F�11ar1 Ak N 1 1 I I i I 2 E4- pAMPEtlfYLWC210EAM fy�--�y1� •2 MR.FIRE SEPARATION WALL I NEW WALL CTYP.) I EqO!�� S�. 5 b 1 I TENANT#1N I / a.COMMON AREA E4 I ' E4 I 18 .• `'_ WALL Y _ 1 I La t}S% [( i Ela I E5- RER4QR IAD' E—I�� M �" tY-6^ tCf4'S f.18'-6" L' /. ��j168•-t1" 6"Rtl 1 E4 . . EI IRnx,ExE -wd AREA CALCULATIONS . I I I I I j ,,gy�pp -2 HR.flRE SEPARATION WALL I i 1 I k::a ( EI I 2 NR FIRE SEPARATION WALL I I Ela ( TEIQNF>♦1- 5,306 ., . I EtJ �..1! i - -4" a• 35-111/2' 48•-0" ' I :'� t07•-6 Vk4. TENANT D2- 9.i165F TENANT403 IAwSF '+•i:•.:., .TENANT* I i E, TENANTS j i TENANT6!4- SZ3SF I' I L•JrTQF HCkr� i i .,_ sA+zsF I. I �s`LyFGFI I i I ( I SEE ENLARGEMENT E4 ( BELOW. I I 1 I I 1 I EOMMON.AAEA- 3,9TTSF I 1 I ! E4 I I ( I SAYE I 1 •-0" -�—__ `I I BRACE I I I I 'BRACE' I BRACE 1 - I - 'NOTES: - . . 1. MOM.6"WALL:2 HOUR FIRE SEPARATION WALL:358 ST 20 @ 16"O.C.,(2)LAYERS F.C.GYP.BRO.EACH SIDE,FILL FLUTES/TOP OF WALL WANSULSAFE,SEAL W/ FIRE CAULK,FRAME DBL DOORS(4 TOTAL)-TO DECK ABO VE L O O R PLA N 2. NOM.5"WALL:356 ST 2S@16"O.C.W/5/8"F.C.GYP.ORD.EA.SIDE 1/16"=1'-0" .. 3 NOM.?"WALL:60 ST 25 @ 16"O.C.W/5/8"F.C.GYP.BRO.EA.SIDE J•1r• N•S•�1,''"'� 4. FA,=FAN/LIGHT S. CH=CFILINGNOGM 6. A.F.F.-ABOVE FINISH FLOOR - I areAlferfarr I j I i I pr u�rrr I I ' 4 auburn rue/ I I I , i larufof�ny,nnr hamprhlrr apiJJ 4nJ•4tJ-.1row•I-It.S-Jrrr . I i • i i Il I I f j FRAMED FOR FUTURE DOOR- f IW-4•• nl 6" 23•_6•• 6" II•-61/2" 5" ! . !.; ,. WAll 509'-0"A.FI. J WALL 508•-O"A.F.F: / . 1• 'CH71-10" 44low wAu •- � I = d ca )� 4w O i 1 �" ♦ NO tt4 ;—._—i._ '`♦ I1'-r^ 15_ 11._5_ 5.. 11•_5^ S" .. .... ii`r•.. .. _. ._ 5.. I •m ----� / ♦N _.. -. ... ._ ._... _. may_..... . .._ -.A.F.F . 508-0 A E.� ._'�. ...•�,�... aV I •... q• I 9•-O" . \ �r WALL .F. 1 i •,J I WALL 509'-0"A.iF: WALL 50 � Nr 11 \ ii � i !I = .�w _ i• hWALLTOS'-O"Af.F. T08'-0"A.F.F:-44 - I 1 �.......� 1 cxr-lo- �L. I 1 -GYP.BRD.CEILING- ��\•W TO 1 QI 358ST20 @ 16"O.C. 6' A.F.F. .n OrawlnQ.No- CH r-10" i T IC►I A V T -&'1 o I A LI 1 :: -BRACE ! I ! �• I.. OLDSnACi j MOVED MAct I I EnACE C!F'Yt7r. - i I I t �• E l � - i I i I ... I .. MIIND H E4 / E4 U I I I I ! E1 HEW 17-ry"fitY -2 HR.FIRE SEPARATION WALL j j ! ovEexFAb ool I ELECTRICAL LE69my-` i i I kl i j I i ;y OUSTING WALL(TYP.) I i 'p- t ,�. i I I I 1 Et-QfRSpGN(Wf..BrK1.IGB1Ga/t1fi1[INs;. _ h. i i I I r; - E1 Fon FTJTURE Doon i I I i :: TENANT*l :... $. i I 1116isFS`$ltaZa141� T# I I 1 1 E3-g�j1�CyRj(iR1111'IH#�141D76MEAO6) I •� ; ! 1 j � NR.gRESEPARATON WALL j 1 �f -� ,. lS I t I •I i I �- , b I I I I I a4- grltll6EF4cYlt6ltf C2 MEAO4? 2 HR.FIRE SEPARATION WALL I NEW WALL(TYP•) ! /1 SEP, I I TENANT*4 I' I. I ' I H I E4 I E4 i6 WALL r -I I Wo+►Fr.3Cfm.r.SaEE•j(' I Et I p- nEENEM. . J.COMMONAREA w9CE,j 1 p� . 6.. 6C-11" 6" '-0' / T - - � -- - �I�-- --- -- } A�, i In1DfiEHE(GNT2G-o"d T AREACACCULATIOhfS N a EI it-- -_ i•.L'(jiii''11I'iI'I,I '�.�._W..A.LL w.ti...•..._--":G...,.Y�../P./.._r,._F...C_N..T.-t0"I!i I_;;\w�-.`x-.-tLLR0.N-��I-II�-.-��IIiI I.I-_--.-.i'i+I. -4"�, I,,�6gy�"ppy-E�'l- 2ANTC-nE-FIRE '-SEPARATION O•�WALL ALL-•--- —"--- ` � El ,--"—•�iiIijIIi` - 1IIiIiIIIjIII!_iiII _S,..•E�. 2_.N_LLR.-TF1OI.1VB'E-'-0 TSEWALL '"M.AJM.._FT.r!IIII..).N..-0.WAALi..L.F _r..E •—H'-0TIiiII"- ---0-"1"�/IIiiiII', '1 1 6"=E1'II'IIi1ijiI•Ij�iI I' � 0Iiii1II - ." .. AIVA-• LLT_O Eaw#t- IiI'S I 6SF TENANT*2 0.165F 35-111/2' 48'-0IOr-0//#I 91 - TENAMl3- 1OOSF TENANT 1iAKTa2 �_ �TENANT 05 f! , .., ..� �ui�d!•"-E ..w IWNo � TENANTS- 34423F -- SEIARGEMEH E4 BELOWCOMMON.AREA- 3,9775E SAVE 1 1 GRACEBRACE 1. NOM.6"WALL:2 HOUR FIRE SEPARATION WALL:358 ST 20 @ 16"O.C.,(2)LAYERS SA"F.C.GYP.BAD.EACH SIDE,FILL FLUTESIMP OF WALL WANSULSAFE,SEAL W/ FIRE CA"FRAME DBL DOORS M TOTAL)- D DECK ASO VE FL QRPLAN 2. NOM.5-WALL.358 ST23 @ 16"O.C.W/SA"F.C.GYP.ORD.EASIDE 3NOM.7-WALL60 ST 25 @ 16"O.C.W/3/8F.C.GYP.ORD.EA.SIDE 4. f/L-FAN/LIGHT 5. CH-CEILING HEIGHT A A.F.F:ABOVE FINISH FLOOR v 4--b- lond—* ubaIonAo* y, m,p rhrreS•rrmrlerry.. " a.n nlrh E lr1.r. ",, .Np 5j I23-SraoJ42.1-5111-Jttr FRAMED FOR FUTURE DOOR- WALL TO 9'-0"A.FJ. WALL TO 8'-0"A.F. b i T r g• S" .._..�� .r, WWALLTO40AFF. WALL TO B' WALL TO9'-D"AFJ. S g FA CHB-10" SRO.CEILING- •W TO 336720@IVD.C. 11 A.F.F. DrewiniN .:fa I! .rr • '.= .- i T C BJ A V T aF7 n A &/ 1 I r � o Av M N syyiii{,� f ♦YF NORTy'� y O�. ~�?•��A�r�G Go�� •,�'y: 1855 :g•�. y�T7TTf��4 CKU TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE July.22#. . . .19.70 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover,on. . .1,10nday. . . . . ovening. . . . . . . the .10th day of . . . . . . .Ault. . . . . . . . . 19,70 ., at.78 Xcr�C '''ttto all r,�paarRltiieesY+interested in*tthe appeal of '#i1 iC1�IMACK 4A SE'+n:.t�#.I�rP+•HUSM1# -:CW,*. . . . . . . . requesting a variation of Sec.. . . . . . . . . . . . . . . . .of the Zoning By Law so as to permit. . th.S .aon trUctjoi? `accessorY use building and.warehouse.to. be -used. in .coli+. . Junction- crtth -the- teLtile.museam -presently . . . . . 0A tiLgon "a. oachusoUs-AVenw.et illortli vw.n ovor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. .thm-north .-,dp.of Osgood.street acroas corer of ilaxicaeray Road. By Order of the Board of Appeals Arthur i3. br nondt Chairnian ET — July 25 & Aug. It 1970 Send bill tos Atty. Clifford E. Eliass 506 Central Bldg.t Latrencei ids. Surd 10 proofs to: .Um Donahual Town Bldg., U* .Andover , L � f '3 f L,1V,1li'ENCE EAGLE-TRIBUNE, Lawrence, Mass.—Saturday, July 25, 1970 � �'"` 7. T his Week '1CMord whether and how Well they have. ` , <'+ + learned t0 swim. _, c l'"> a " j �' ith tlto ex;option of a lengthy NI�s.SharynKaplan . J . :Q The summer playground Contin- 352-2944 ` ..1. c n:ti's rr,.cetil scheduled for ues at Proctor School. All local ele- k .. 11 .3u jy r:t S p.m., town hall; it mentary school aged children are ,,pp Asks t oke jir:e another mid-summer lazy Ra ore 1 ore tilxte in town affairs. The select- invited to attend. Hours are from 9 f F� lawn s agenda is jam-packed as the to 11:45 a.m. and 1 to 3 p.m. from ''� " '° 4k�� �" i Monday through Friday. „:tr'd tries to Dandle town business � :. 4ki, }n an altennate instead of every- _7 � o o� Equipments t r P weer- schedule, during the summer Middletori mo tla. Monday session will be The housing authority meets GEORGETOWN — James music director, also met with said Paul Thompson, com i the first a'fficial one fol new Se- Monday evening at i..,0 in Orchard Collamore, physical education the committee Thursday to ex- mittee chairman. , t director met with the ele- press her ideas on what she George Norris, band and i.n- , _-urian Earle Blake. Circle. mentary school building com would like to see for her de strument director was unable rF > � F S;;�ir_-tm-ng lessons at Baldpate The board Of assessors, board Of mittee Thursday, to give the partment in the school. She to meet with the committee Pond go into their fourth and final health, building inspector all meet committee some idea of what would like to see a stereo sys due to a class that he had to ' 1 t a •°•'” , t=reel: Monday and .ill conclude On Tuesday at 7 p.m. in Memorial he is looking for. tem used as well as a piano. attend iri Boston but sent in a with a special event and awards Hall. The selectmen meet on Tues- He has asked the Committee She said that she needs letter recommending what he j: morning next Saturday. day evening at 8 in Memorial Hall. if he could get appropriations some storage space for her would like to see in the music . 4 g for: a balance beam, six climb- books. She prefers to file her area for the new school. + m The N'Iasconomet summer school The swim show, under the direc- ing ropes and accessories, one music sheets in cases. Mrs. He asked for an area large also continues mornings next week tion of Mrs. Mary Hoctor of the chinning bar, one parallel bar, Hayden said that she would enough to include two rehear- but ehear but there will be little other activi- recreation committee, will be on one beat board, two basketball like to see the committee pur- sal rooms, practice cubicles, backboards, two rectangular chase a Hamilton piano from and storage rooms. He also = ~- ty at the regional school. It is pos- Wednesday morning at Paradise c g c s P g backboards to be used at the the Baldwin Company, which needs storage for individual in- Photo by Marliene Daniels Bible, however, that a decision in Park. end of the gym, four portable is a studio type piano and en- struments and school-owned in- the grievance procedure against the Thursday evening the cirus standards, a vaulting box, a ables her to look over the pi- struments as well. He re- TIME FOR A SWIM— During the hot weather on Friday afternoon, par- _.- R.egional.Srhobl.Committee..1il4v„be„n, comes to town. The Bartok Circus, horizontal bar, a transportor, ano while play to watch the guested that the two rehearsal ents were invited to the Danvers YMCA Camp in Boxford to visit the area. �}p �� � r t ui Dein to q raps fern KEiV1ALLATI N �US� J1�S�C has been set for the opening of J� REINSTALLATION ND I'Irt' Calls ►�7 WOODFLOORINGIN schools here. The teachers' GYMNASIUM R.eadinCt firefighters received several calls of a fire at workshop will be held Tuesday ® IN IPSWICH — Proprietors EAST JUNIOR HIGH SCHOOL READING — A baloon con- Steve Sweeney and Ricky covered the fun of creating and Wednesday prior to the g of Great Neck, Inc. to Francis A Main and hrank!in Streets Wednesday night at 10. Fire test with 70 parksters was held Edson were the winners of the sand paintings. First, they each opening on Thursday that f:ghtars ^ 'u:^h('d the arca but could find nothing resem- L. Doyon, Clark ck g at Birch Meadow Park. Tether- Junior Up Against the Fence carefully drew a pciture on week. Robert Haydock, Jr., con - fight;?*a fire. AnOther call was made yesterday with the ball remained the,most popular Tournament. Peter Bernard masonite. Some glued down There are some holidays to GOP Edythe M. ,► + servator et al to Ed game and new games of four and Mark Horan were the final braid to the outer edge of the look forward to and three va- Donovan, Argilla Rd. Sllrnmer Service squares, speedball and water victims. The Midgets were board or pattern. Doing an cation periods and a school re- Richard F. Moreland et al to The su1-ner schedule continues at Old South United Polo were organized. In the rained out, but practiced long area at a time — they spread cess. ®�7Yl f(� Richard R. F.-Moreland-et x,___ �, checker tournament this week, and hard for their remaining glue to a chick consistency. Fi- The following days there will 111��t�7 Plains d'— Sealed bids will be received at the ietl ;dist Ch er h under the leadership of Rev. Paul Sam- David Beers was champion gams. harry, the art sand was y. Fi- be no sessions: Columbus Da M uel en. W')rs'7ip service :It 8:30 a.m., in the chapel and at LETON _ Stb Phi ip . L. Sr, Jr., et office o{ the Town Manager, Town 9:15 a.m., in the s:.7ctuary. Chancel choir members will w th John Cafoezzo runnerup. An All-star football game lied over the glue. The chil- Monday, Oct. 12; teachers con- publ cans werre ask Young Re Hall, zo Main street, Andover, The second annual Nu , ed to brin u> to Philip S. L. Sullivan et Massachusetts, until 2:00 p.m., :+ro t"eir r',z:;ir f.x this Sunday, gg•e was played just before the tor- dren all created three-dimen- vention, Monday, Oct. 19: Vet- their friends to the next meet-g ux, Birch Ln. Tuesday, August iinstallation l t97o, for re- S'='.` ;at c;??t'r•'' '•'onday nights at 7 Invitational Croquet Tourna- rential rains on Thursday. The sional sand paintings. erans' Day, Wednesday, Nov. ing of the town Republican James M. Ingalls et ux to flooring i raymn ila um of wood g p.m., in Memorial ment was played in memory of duo Dynes came from behindcom g • ymna. um at l=ast I:ti for t:'� �;�aata .:�,'' the parish. on the James Walsh, the originator. to defeat the Beavers 9-8. 11; from Wednesday noon, mittee. Marjorie S. Colpitts, Birch Ln. Junior High S'cyyt,00l. Bids will be Nov. 25, to Monday. Nov. :30, Chairman Thomas Dolan Stanley M. Jablonski, Jr., et eboveeneddate Publicly at dtheestpulated Finish Basic Jerry Wallace was the winner Some star fielding by 011ie uy to William D. Duddy et ux, time by the Town Manager or his of the tournament. :Next week Clemes and Glen White help to Thanksgiving recess; end of made this sta pment at a meet- Birch Ln. r ,o ]-,cal rirmea have completed their basic training at ` a school day, Wednesday Dec. ing of the ommittee which authorized representative. All ma- • a Nn ,= Birchie plans to put on the overcome a seemingly insur- Znd ®v et terials and equipment are to be 9 : I L, Texas. play "Henzel and Gretel." This mountable lead by the Beavers. 23, to Monday, Jan. 4, 1971, was held Thursda evenin furnished by the contractor. speci- ;irrn;m .1F:ffre} M. Collins, son of Mr. and Mrs. &Iichael .. Y g. j.�.�if��.N��.gC� fications may be obtained at the week was spent trying out for Water polo was introduced Christmas vacation; end of the In st ting a Young Republi- office of trio town,Manager.• Eacht l�. t atlirs, tit Forest St. has been assigned to the Chanute the parts. Youngsters are re to the park nn Friday. Boys 13 bomb Bl Monol day, Friday, Feb. 12 to can Committee, four youths TOWNOFNORTHANDOVER proposal must be accompanied b \E"3 in 111inois fcr training as a fire protection specialist. MASSACHUSETTS o bid security consisting a cash g..;,a, , minded that tennis lessons are and over enjoyed the water ��� day, Feb. 22, winter Bvaca-irthday were present. They were Va-et, or certified of made payable „a.at:c of Reading !Memorial High School with offered on Tuesdays and Thurs game. Once again, the d namic tion, Washington's Birthday retie Walter. Essex Street, BOARDOFAPPEALS to the town of Andover, Mas- t^.,e class of 19ti7 and attended Boston State College. g g Y WASHINGTON AP — The will be celebrated Feb. 15 dur- Dana Porteous, Essex Street, ND $1,500.00.1All in bids tfor this u project :\'r'^:an Ll n+, '.s S. 14urray> son of �1r. and Mrs. Everett days at 1:30 and 4 p.m. Mon- Duo Dynes overwhelmed the government announced Friday ing the vacation week. Alan Spottiswoode, Phaneuf TICE r days and Wednesdays at 4 are subject to the provisions of "Irc,y. •' H.In,_-ock St., has been assigned to Shepard Y p.m. Beavers. A three game series evidence of another presumed Good Friday will be ob- Road, and Jimmy Saulnier July22,1970 Mass. G. L. Chapter 149, section [""• '1'exar, !or trainin; in the civil engineering, mechani- Swimming lessons are at 2:45 with scores of 5-2, 5 4 and 10 5 Soviet underground nuclear test served with the school sessions Mill Road. 't Notice is he given that 970 44A to 44 L, inclusive. Attention +s l d ''-'.tri)" field. He is a civil graduate of Reading all four days for tots. indicate the overvowerin of- They will meet to Board ofAppealswil1giveahearithen directed to the minimum wage g —-the second this week, the closing at noon, April 9, 1971; set-u a tem orar• chairman at the Town Building,North Andover rates i ed paid on the work eas r g In baseball, a tight pitchers' Pensive night of the Duo's. fourth this year, and the 41st close at the end of the school and-up temporary on Monday evening the 10th da determined by me Commissioner duel was the story as Birchie's The older ahe Du s made Y y presiding secretary. August 1970,at 7:30 p.m,O'clock of of Labor and as stG. under tae On List P since the limited test ban da Friday, April 16, until Even though this group interested in appealot 149, section2e t DD, inclusive.Chapter Seniors eeked out a 3-2 win "\4osait Trays which could treaty of August 1963. Monday, Aril 2 L�+,nand I'<alrnisar,o. 1 High St., is among the 200 Btu- over Eaton, Guy Strazzere and serve as ash trays or coasters. P 6, for spring would not be able to vote dor- TEXTILE bond in an amount equal to 100% Y The latest presumed test was vacation; Patriots Da will be in the elections, it was Dint- MUSEUM, INC. requestingg Lai- of The total amount of the bid with ient; at C3c rth v College named to the Dean's list. Gary White combined fora The silvery metal trays hada rated to have P Y g g p ation of Sec.7 of the zoningy a surety company satisfactory to win. Key hits by Thomas Hast smooth recessed base for easy p Backed an ex- celebrated April 19 Burin the ed out that there are main so as to permit the construction of an the Town as surety will be re- Class Agent Y losive wallopequivalent to be- vacation week. obs which the• could handle accessory use buildingojun and ware-h quires far trio faithful perform- Class and Frank DeVellis pro- tiling. The children decorated ) y house ti be used in conante of me contract and the pay- P g tween 20,000 and 200,000 tons There will be no sessions on for the committee. One job tae textile museum presently exist- merit for all labor and materials Suellyia A. Stark, 6:3 Scotland Road has been elected vides the margin of victory. It them with an assortment of of TNT. Memorial Day, May 31. mention s ecifically to to an :dwnnae class agent for 1970 graduating class at was a different story when the multi colored assor tiles, in ngoneronthnusettsAvenue, or Norrn used in the work. The Town re-Cblt,y College far �Tclass • She o the daughter of Mr. and P was Chat Andover h the premises,located et serves the right to refect any id tilemorial Juniors visited the endless designs and color The most. ar un presumed The schools will close for ti checking the voter registra- ecrBnorth Or eside of roftheBawayROadeet as proposals or to accept any bid rs. Charles R. Stark and majarcd in the liberal arts pro park, Birchie's were over- schemes. g Soviet nuclear underground the year for students June 25 tion list of Republicans in B Order of the Board peals as may be deemed in the nest m- t :m at the •j+nior col)Ege. n whelmed b the 11-3• blast was announced by the and for the teachers Tuesday, town and calling those on elec- y ARTHURR.DRUMlvPpND, lerestsofthe�Town of^Anpwer.�r Y The younger parksters Bis- AEC on Julv 20. .fungi 29 �._- �- M' ��L L vv�.�•�10RT/yq •gyp v t O.`��ORPOQgT�O'pG�, '[ y f APRIL711 XJ M 1} �3•, I855 • '� }sss'1CHUgF��4 `'YfYl1y, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . b +# r. . . . . . . . . . Petition No.. .�,1.9�a- 6V I Date of Hearing Petition of *4='I' 77 a�1� Premises affected < r T'ae=''.;�'. 1W44 . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . . . . . . . ' �.;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . S' ; r+y *q.y �K After a public hearing given on the above date, the Board of A 71T42 Appeals voted to . . . . . . . . . . . . the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a p ,»,�,.., . ermit to "'. . .. . . . . if`.s.," . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: . Signed Original Signed By . . . . . . . . . . . . . . J* .114 ,'4 'x ' 4 . . . . . . . . . . . ltm*14 , . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals .�.: Arwwft+ ClNS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 14, 1970 Merrimack Valley Textile Museum Osgood St. across from Harkaway Rd. John J. Lyons, Town Clerk Town Office Building North Andover, Mass. C Dear Sir: The North Andover Board of Appeals met in regular monthly session at the Town Office Building on Monday, August 10, 1970. Those comprising the Board were: Arthur R. Drummond, Chairman; Daniel T. O'Leary, Secretary; Donald J. Scott, J. Philip Arsenault, Esq. and Donald J. Leonard. MERRIMACK VALLEY TEXTILE MUSEUM, INC. requested a side-line variance as advertised 4 in the Lawrence Eagle-Tribune on July 25 and August 1, 1970 under Section 7 of the Zoning By-Law so as to permit the construction of an accessory use building and warehouse to be used in conjunction with the textile museum presently existing on Massachusetts Avenue, North Andover, on the premises located at the north side of Osgood Street across the corner of Harkaway Road. All abutters were duly notified by regular mail. j.. Atty.- Clifford E. Elias, Central Bldg., Lawrence, Mass., represented the petitioners, stated the application was based on the principal points that. a 50-foot side yard J would require construction of a building over a swamp area thereby increasing sub- stantially the cost thereof; conditions affect this parcel and not generally the zoning district; requirement would involve substantial hardship; relief may be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of the Zoning By-Law. The proposed building j would be 100 feet front, 304 feet deep with one story; approximately 16 feet of �- steel frame construction. The zoning district is industrial. The lot of land con- sists'of approximately 5.84 aces and because of swampy conditions the Museum would like to construct the building 20 feet from the lot sideline instead of the usual 50 foot setback, on the easterly side abutting the New England Power Company right of way. The new building would provide about 30,000 square feet of additional floor space necessary for office, open storage, display and study space. The new building which is proposed to be called "Machinery Hall" will be constructed of first quality materials, beige colored, steel framed, fully insulated, heated, humidity controlled and air conditioned for the office space and a fine addition to the neighborhood. 4:, iaaa �icsu t ti TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Merrimack Valley Textile Museum, Inc. -2- August 14, 1970 Atty. Elias presented a letter from the North Andover School Building Committee signed by Harry R. Dow, III, Chairman, stating that to build within 20 feet of the right of way on the land abutting the Rogers - Howe property was approved at . the meeting of that committee on August 5, 1970. t The shape of this parcel of land is such that it has a 378 foot frontage and approximately 1060 feet along the side; trees, shrubs and other vegetation in the area will be retained as much as possible to provide as much natural shielding as possible. The 50-foot buffer zone will be achieved as the New England Power Company right of way is 82.5 feet and with the added 20 feet setback there would be 102.5 feet. Among those in attendance favoring the variance were Mrs. Horatio Rogers, Francis B. Kittredge, Thomas Leavitt, Mr. Draper and Henry Fink. Atty. John J. Willis, as an interested citizen, and Building Inspector Charles H. Foster were present and con- tributed worthwhile comments, some of which did not pertain to this Board. The presentation of Atty. Elias was greatly appreciated. The application was taken under advisement and following the discussion.upon motion of Member Arsenault, seconded by Member Leonard, the variance was unanimously t granted as follows: 1. There are conditions affecting this parcel but not affecting generally the f zoning district in which it is located. The shape of this parcel (378 foot front— age on Osgood Street and approximately 1060 feet along the side of the parcel) is such that the use of the rear of the parcel will be impaired if the 50 foot set- back were enforced. In addition, there is considerable amount of swampy area on " the westerly side-of the lot in the area where the building would be located if the usual set back requirement were enforced. There is an existing way on the parcel which could, and would be used in conjunction with the construction and use of.the proposed building. 2. A literal enforcement of the applicable zoning restrictions for set back re- quirements with respect to the proposed building for which a variance is being sought will result in a substantial financial hardship to the petitioner. The petitioner has been informed that there will be an additional expense of $20,000 - $30,000 if the proposed building were to be built over the swampy area. i �: Muun• CJW TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Merrimack Valley Textile Museum, Inc. -3- August 14, 1970 3. The proposed building will be most beneficial to the petitioner in furthering the aims of public dissemination of information within its chosen field. The con- struction and use of the proposed building is permitted and the fact that a smaller set back would be allowed will not be a substantial detriment to the public good. Indeed, the granting of the variance would be desirable from the standpoint of the town's interest as a center of cultural attraction. In addition it should be noted that the trees, shrubs, and other vegetation in the area will be retained in as much of their present condition as is possible, con- sistent with the construction of the proposed building. As a result, the Museum would hope to provide as much natural shielding as possible. 4. The purpose of the Zoning By-Law in requiring a 50 foot set back is to provide for a buffer zone between residential and industrial zones. That purpose will still be achieved if the variance is granted. The right-of-wary of. the New England Power Co. is 82.5 feet. If the 20 foot set back is added to the width of the right-of-way, a total of 102:5 feet would be available as a more substantial buffer zone between the industrial Zone and the area in the residential zone where there might be any construction. Therefore, there will be no nullification or substantial derogation from the intent or purpose of the Zoning By-Law. Very truly yours, BOARD OF APPEALS Arthur R. Drummond, Chairman ARD:ad CLIFFORD E. ELIAS ATTORNEY AT LAW SUITE 506 CENTRAL BUILDING LAWRENCE,MASSACHUSETTS 01840 TELEPHONE 686-3918 AREA CODE 617 July 21, 1970 Mrs. Anna Donahue, Clerk Board of Appeals Town Hall North Andover 01845 Dear Mrs. Donahue: This letter is a follow-up to our conversation in your office this morning. I have filed with you an application in duplicate on behalf of Merrimack Valley Textile Museum, Inc. for processing and for hearing before the next meeting of the Board of Appeals which, I understand, will be held at 7:30 Monday evening, August 10th. I shall file with you within a day or two a linen and five copies of the site plan covering the affected premises which consist of approximately 5.84 acres on Osgood Street owned by the Museum. When the refusal by the. Building Inspector has been prepared, I would appreciate receiving a copy of it. I would likewise appreciate receiving the names of the landowners to whom notice will be mailed. The parcel is properly zoned for the proposed building, but the Museum would like to construct the building twenty feet from the side lot line. The zoning by-law calls for a fifty foot setback. This is the reason for filing the application with the Board of Appeals. If there is anything further that I must do before the hearing on August 10th, I would appreciate hearing from you. Thank you for your courtesy in this matter. Very truly yours, l Cliffor .. Elias CEE:gmr yyaaa4, ��►Of NORTy��1 ' I r 3:r�pRPOR,�r` O APRO L7t. P j 1855 A � �a�S^1CHUg��•, y I r►ttt��l TOWN OF NORTH ANDOVER MASSACHUSETTS HOARD OF APPEALS f APPLICATION FILING DATE BOARD OF APPEALS f Notice:—This application must be typewritten; filed in duplicate; and accompanied by a plan of the affected premises, a copy of the refusal by the Building lnspec•tor or other authority. APPLICATION FOR VARIATION FROM THE REQUIREMENTS Q REMENTS Merrimack Valley OF THE ZONING ;a0 By-law Applicant: Textile- Museum--IDC,-___--Address: Mass,.A_venue,__Ngrth Andover TO THE 130ARD OF APPEALS: Application is hereby made for a variation from the requirements of Section 7 Paragraph----.._.--- -- -of the Zoning)OtX� . By—law . Premi,ws affected are situated on the North__ �bCi�4P _ _ V*Vxt side of Osgood Street; a_cr_os_s__1oet7d2S )fQC1xxft corner of .Harkaway..R ad Street and known as NUMBER. .(no -number__ _ -------------Street. See Plan attached, Description of (Proposed) (ftkftg) Building I. Size of building: 100 - -feet front:-_ _� feet deep. Height: 1 stories:_.ap-p_.__.- � .feet. 2. Occupancy or Use: (of each floor) a^eessory use building and warehouse for 3. Inning District: Irldustx'ia.1 '„� 4. Date of erection:- p:rotextile- museum -posed- fi. Type of Construction: (check one) R M-_S.t.eeI- .frame.__ 6. Has there been a previous appeal, under zoning, on these premises:_ _ _no._ i. Description of proposed work or use:- Cgnstruction and use of above described building as on accessory use building and wareho�zse to be used in conjunction with the textile museum presently existing on _ Massachusetts Avenue in North Andover, 8. The principal points upon which I hase my application are as follows: 50- 'foot SJ.d-O_ ya-rd rs would require con:3truction of building over swamp area , thereby in-- creasing substantially- the cost thereof; con-d-2tion-s- a'f'fe-c- - this- parcel and not generally_ the zoning distriot;__.requirement_.would involve subst:3ntial hardship; relief may be granted without sllbsta.ntlal detriment-- to- the ; public _gooc7� - end--t^ii.t`hZ1ut substantially derogating from the intent or purpose-of-'the--by-law. I at;rne to pay for advertising In newspaper and incidental expenses M" imaek Valle NY Museum, Inc. TITLE REFERENCE BY � _ --- - BOOK PAGE Hora�Lare �t'� $�� *�I � rer Pi