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HomeMy WebLinkAboutMiscellaneous - 41 SECOND STREET 4/30/2018 (2) 41 SECOND STREET 1 210/030.0-0035-0000.0 I TOWN OF NORTH BOARD OF APPEn�P NOTICE ,AURTII o� Notice is herb _40 heat c? •``e�,"! °o� the Board of Appeals will give f a a hearing at the Town Building, North Andover, on TuRsday evening the 14 day of October 1986,at 7:30 o'clock, ,•^nT�ie R'A'h� _ S�cMUSEc to all parties interested in the appeal of North Andover Housing Authority requesting a variation of Sec.4.12(b)& 4.122 and Table 2 and Comprehensive Permit Chapter 40B Sect.21-24 of Mass.General Laws so as to permit erection of 30 units of elderly housing and two Lnits of family housing on the premises,located at 41 rear Second Street and 22-24 Ashland Street. By Order of the Board of Appeals Frank Serio, Jr., Chairman. Publish North Andover Citizen, September 4 and 11, 1986. 15 $394,900. H/ OT4NW� REAL ESTATE AGENCY,INC PUNCNN RD AVENUE �►U 00)f Y AN0T1 tg,MA 01810 MLS (617) 475-5100 f 3�•.p�ARr°ti1t�'�g f ! C' ; A f- A►IIIOVI ACHlS9�'a4 r TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE August . 2.8 -1986. Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover,on . Tuesday. e,v e n.is ng. . . , • . . . the .1.4. . day of .0 c t.o b e.r. . . . . . . . . . . . 19. 8 6 , at7.: 3(p'clock, to all parties interested in the appeal of , North Andover- Housing _Authority . requesting a variation of See..4. 12.:(-b.). .&. .4 . 1.bf the Zoning . . . . . . . . . . . . a n d Table 2 and C o m p r e h- ensive Permi t. .Cha.pte.r. . 4.0B. .Sec.t . . .21 -24- of. Mass.. . General Laws so as * to permit 'erect1'0n 'of '30 1t*9 o'f elderly .hous.in.g . an.d. t.wo. .uni.ts. .of. .f.am.i.1y. .ho.u.sing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. 41 re a r S e c o n d - S t r e e t - a n d 22-24. As h-1-and. ,Stree.t .. . . . . . . . . . . . . . . . . . . . . . . . . . by Order of the Board of Appeals Frank Seq io , r . Chairman Publish in N':A Ci tize.n on September 4 & 11 , 1.986 s 4 . 7 . r. .Legal Notice': TOWN OF NORTN ANDOVER>. t ' _.BOARD OF APPEALS NOTICE. AU0511 28,1986'.) • ` O�NOi T, Notice IS hereby glveri that l .•' ;*+.;•Oo� rthe Board of Appeals will give.i 3 O w a hearing at the .Town,;} 4: « Building, North Andover, ontAi Tuesday evening the 14 day of.p f " °*-.�Ita_:c'• ' October 1986,at 7:30 o'clock,', F 41 b""ne• 4 Asa �' to all parties interested in the' t ^tom , appeal of North Andover IH ���lousing Authority requesting a variation of pec:4:12(b)6,) . • �`4.122 and Table 2 and Comprehensive Permit Chapter 40B"' Sect.21-24 of Mass.General,Laws so as to permit erection C>of 30 units of elderly housing and two units of family housing A e 0 on the premises,located at 41 rear Second Street and 22-24 t ..y ;.Ashland Street. By.Order of the Board of Appeals .` Frank Serio,Jr.,Chairman. '• +' �'. Publish North Andover Citizen, September 4.and 11',:'. 1986. `" _ 15 Legal Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE August 28,1986 Of �Oa;TM 11 Notice is hereby given that .•'� 4^+ •°o the Board of Appeals will give w a hearing at the Town x p Building, North Andover, on x i- Tuesday evening the 14 day of "°°�,•`sry�-�+F' October 1986,at 7:36 o'clock, to all parties interessed in the ss„z vUg� appeal of ,lonh Andover Housing Authority requesting a variation of Sec. 4.12(b)& 4.122 and Table 2 and Comprehensive Permit Chapter 40B Sect. 21-24 of Mass.General Laws so as to permit erection of 30 units of elderly housing and two units of family housing • on the premises,located at 41 rear Second Street and 22-24 Ashland Street. By Order cf the Board of Appeals Frank Serio,Jr., Chairman. Publish North Andover Citizen, September 4 and 11 1986. 15 • OFFICE OF COMMUNITIES & Dmopmm I Michael S. Dukakis,Govemor Amy S.Anthony,Secretary November 28 , 1988 TO : Local Board of Appeals FROM: M a r g a r e t R. Guzman Attached you will find a two page survey which serves as an update to the previous survey conducted May 1986 . This information is important , and requires your cooperation for accuracy. If you have any questions please feel free to call the number provided. We request your earliest attention, to be returned to our office by December 15 , 1988 . If you are unable to meet that date please contact us . Thank you for your help . 100 Cambridge Street Boston, Massachusetts 02202 ExEcurn OFFICE OF COMMUNITIES & Dmopmm yMichael S. Dukakis, Governor *** M E M. 0 R A N D U M *** % ^ Amy S.Anthony, Secretary TO : LOCAL BOARD OF APPEALS FROM: MARGARET GUZMAN/HOUSING APPEALS COMMITTEE DATE : NOVEMBER 28 , 1988 SUBJECT: SURVEY UPDATE 1 . Have any applications for a comprehensive permit under Chapter 40B(Chapter 774) been submitted to your Board of Appeals since the survey of May 1986? Yes X No 2 . If yes , the number of such applications ******Please complete the attached for each application****** 3 . Whom may I reach between the hours of 9a .m. - 5p .m. for . additional information? Name Audrey W. -Taylor - Part-time secretary for N.A. Board of Appeals T e l# 508-682-6483, extension 28 Address Town Building. 120 Main St. , North Andover, MA 01845 Monday, Wednesday and Thursday from 8:30 to 12:30 PLEASE RETURN ON OR BEFORE DECEMBER 15 , 1988 TO : Margaret Guzman c/o Chief Counsel ' s Office Executive Office of Communities and Development 100 Cambridge Street Boston, MA. 02202 Tel# ( 617) 727-7078 100 Cambridge Street Boston, Massachusetts 02202 ExEcuTrvE OFFICE OF COMMUNITIES & DEVELOPMENT Michael S. Dukakis,Govemor CHAPTER 774 DEVELOPMENT SURVEY Amy S.Anthony,Secretary 1 . Name of Municipality Town of North Andover, MA 01945 2 . Name of Principal Developer North Andover HonGing Authority 3 . Was a Comprehensive Permit Granted? Yes Denied? If a Comprehensive Permit was Granted: 4 . How Many Units Did Permit Cover? 32 5 . Is Project in Construction? Done 6 . Is Project Constructed and Occupied? In process 7 . How Many Units were Constructed? 32 8 . How Many Elderly Units? 30 How Many Family Units? 2 #of Bedrooms 2 How Many Handicapped Units? 2 9 . Funded by MHFA? yes Funded by HUD? Funded by Other? PLEASE RETURN ON OR BEFORE DECEMBER 15 , 1988 TO : Margaret Guzman c/o Chief Counsel ' s Office Executive Office of Communities and Development 100 Cambridge Street Boston, MA. 02202 Tel# ( 617 ) 727-7078 100 Cambridge Street Boston, Massachusetts 02202 ExEcunvE - / .�v OFFICE OF COMMUNITIES & DmopmENT �\ `� e-` I � Michael S. Dukakis,Govemor CHAPTER 774 DEVELOPMENT SURVEY .a INIF Amy S. Anthony, Secretary 1 . Name of Municipality ;—Vn j 9,l-)I 6i 2 . Name of Principal Developer t 3 . Was a Comprehensive Permit Granted? tr,S .J Denied? tl If a Comprehensive Permit was Granted: 4 . How Many Units Did Permit Cover? -3 �- 5 . Is Project in Construction? 6 . Is Project Constructed and Occupied? 7 . How Many Units were Constructed?--, -1-- 8 . onstructed? ; Z - 8 . How Many Elderly Units? 3u How Many Family Units? C2— #of •Bedrooms How Many Handicapped Units? 9 . Funded by MHFA? I/ Funded by HUD? Funded by Other? PLEASE RETURN ON OR BEFORE DECEMBER 15 , 1988 TO : Margaret Guzman c/o Chief Counsel ' s Office Executive Office of Communities and Development 100 Cambridge Street Boston, MA. 02202 Telly ( 617) 727-7078 100 Cambridge Street Boston, Massachusetts 02202 .stt.;. DEOE Fite No. p.,. (To be provided by OEDE) Commonwealth City/Town NORTH ANDOVER of Massachusetts Applicant NO. ANDOVER HOUSING AUTHORITY ASHLAND AND SECOND STREETS Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131 §40 and under the Town of North Al-idover. ByLaw, Chapter 3 Section 3.5 A & B From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority "� '' "'" TO T;OUIS P. MINICTICCT� .TR_ North Andover Housing Authority (Name of person making request) (Name of property owner) Address ONE MORKESKI MEADOWSAddress ONE MORKESKI MEADOWS This determination is Issued and delivered as follows: 4; ❑, by hand delivery to person making requjst on (date) Sept,. 25,Ek by certified mail, return receipt requested on 1986 (date) NACC Pursuant to the authorlty of G.L.c. 131, §40, the has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination(check whichever is applicable): This Determination is positive: i1 1. ❑ The area described below,.which includes all/part of the area described in your request,is an Area Subject to Protct;tion Under the Act.Therefore, any removing,filling, dredging or altering of that area requires the filing of a Notice of Intent. 2. ❑ The work described below,which includes all/part of the work described in your request.Is with)n• • an Area Subject.to Protection Under the Act and will remove, fill, dredge or alter that area.There- fore, said work requires the filing of a Notice of Intent. y ' :. �.. 3. O The work described below,which includes ail/part of the work described in your request,is within ytiyr� ,;•:• the-Butter Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act.Therefore,said work requires the filing of a Notice of Intent. ,.ice..., Lot on Ashland Street - An 'erosion control barrier to be -installed (a 'single row of hay bales to be inspected This Determination is negative: and a roved b the NACC, rior to construction..). ... ;,..y. PP Y prior, !. The area described in your request is not an Area Subject to Protection Under the Act. rri.•f .. �;„:;;.•• ;: .. . 2. O The work described in your request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge,or alter that area.Therefore, said work does not require the filing of a Ott; Notice of Intent. r 3. O The work described in your request is within the Buffer Zone,as defined in the regulations, but will not alter an Area Subject to Protection Under the Act.Therefore, said work does not require the filing of a Notice of Intent. 4. O The area described in your request is Subject to Protection Under the Act, but since the work r described therein meets the requirements for the following exemption,as specified in the Act and . the regulations, no Notice of Intent is required: NORTH ANDOVER + 'Issued by r Conservation Commission ¢ Signature(s) - This Determination must be'signed by a majority of the Conservation Commission. On this 24TH day of September 19 86 , before me Guillermo J. Vicens , to me known to be the* :.` pr:r�onally appeared • parson described in, and who executed, the foregoing instrument,and acknowledged that he/she executed th3 um .6shis/her free act-and deed:�.t�' / January 15, 1993 1 4iary PublIv Tracy A. Fe.er My eommisslon expires This Determination does not relieve the applicant from complying with all other applicable federal,st61e or local statutes,ordlnaneos, by-laws or regulations.This Determination shall be valid for three years form the date of Issuance. rp• The applicant,the owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed • work Is to be done,or any ten residents of the city or town in which such land is located•are hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability•providing the request is made by certified mail or hand delivery to the Department within len days from the date of Issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. r J o�•NORT/�'� <o. f,•., 1855 •� �►SSA..•9�,�',. ♦ CHO � TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date Petition No.. . . . .. . . . .. . `� 7 . . . . . . Date of Hearing. Petition of . . �'"°!�.T /. . . Premises affected � i/'���v?�'�!�. .� . .�n?�!� le� il/d . . . . . . . . . . . . . . . Referring to the above petition for a .. . . . . . . . . . . . . . . . 6�4s so as to permit . Pe��a��✓ `',l. . 3U . !%�H!` . . .2 �lj,. ,��l,. . ti/ 1� 7— . . . . After a public hearing given on the above date the Board of A voted to t?./P ��. the / p g � Ply . . . 6 fyO f� .. .�! i i.?11�. . . . . . . and hereby authorize the Building Inspector to issue a c permit to °QIP. . ./v . . !t. c� . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: a"e, I's Signed 4celi 41e. "4_4 . . . . . . . . . . . . . . . . . . ou: e. . . . . . . . . . . . . . . . `! Board.of App(eals Upon a motion duly by Mr. Sullivan seconded by Mr. Soule the VOTE was Four in Favor of the Comprehensive Permit with Mr. J'Vevenzio absent , subject to the following conditions : The property on Ashland St . shall have 2. parking spaces for each unit , and further, that revised plans be submitted to the Board showing said- parking area. The Board finds as follows : 1 . That the number of low and moderate income housing units occupied or available for occupancy in North Andover is not in excess of 100 of the total number of housing units reported in the 1980 decennial census. Low and moderate income housing units would have to exceed 704 of 7, 040 units , 1980 census , before exceed the maximum criteria of local need. 2. That the land area occupied by low and moderate income housing units in the town of North Andover at present time prior to this development does not comprise 1 1/2 percent or more of the total land areas zoned .for residential , commercial and industrial excluding publicly owned land. 3. The total land area is zoned .for such use in North Andover is 17, 043 acres. Approximately 4, 043 acres are publicly owned as defined in Section 20 so that 13, 000 acres remain against which the 1 1/2% standard may apply. To satisfy this .criteria of local need, the land area occupied by low and moderate income housing units should comprise in excess of 200 acres . Presently, low and moderate income housing units in the Town of North Andover occupy approximately 6. 9 acres, leaving approximately 153. 1 acres which might be developed for low and moderate income housing before the criteria would be exceeded prior to this development. 4. Approval of this . application will not result in the commencement in any one calendar year of construction of low and moderate income housing units on sites comprising more than 3/10ths of 1% of land in North Andover zoned for residential-; commercial and industrial use excluding publicly owned land or comprising more than 10 acres, whichever is greater. The property in question is located in R 4 Zone on Ashland St . and a general business district of Second St. . The Board finds that the deviation from the North Andover Zoning By-Laws and Regulations is necessary in light of the fact the property is located in the aforementioned zones. Further. the - application of the..Zon ng By-Laws would be inconsistent with the local and . regional need for subsidized housing for the elderly and handicapped person and of low and moderate income persons and would tend to make the pro-posed construction uneconomical . Miscellaneous provisions - The applicant will amend the plans to show the new parking area and such amendment is to be approved by the Board. - The applicant will submit a final set of working plans prior to commencement of construction. - The applicants will construct the project in accordance with all applicable State and North Andover rules and regulations unless otherwise specified herein or unless otherwise provided by this Board. tt r MORtM . ,. Oq 1ti O y• 3+ .. oA � y O p • • ,SSACNi TOWN OF NORTH ANDOVER MASSACHUSETTS r N BOARD OF APPEALS Date:_ _� 19'Fi6 >2N, Dear Applicant: Enclosed is a copy of the legal notice for your application before \y. the Board of Appeals : r 1S Kindly submit $ �� 3� for the following: r — `' Filing Fee $ , Postage $ sem__ ' Your check must be made .payable to the Town of North Andover and may be sent to 'my attention at the Town Office Building, 120 Main Street , North Andover , Mass . 01845. Sincerely, BOARD OF APPEALS Audrey Taylor, Clerk y W. :l `M fi y . ' Deceived by Town ClerksR flt17i L0 , APPLICATION FOR COMPREHENSIVE PERMIT TOt�Iio `..` 177 / An 29 f l 26 AM '86 O� TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant North Andvoer Housing Authority Address One Morkeski Meado •1. Application is hereby modes r 4'. 12B econd Street a) For a variance from the requirements of Secti Paragraph and Table 2 of the Zoning By Laws. ►22- Ashland Street Comprehensive b) For a gym. Permit under Section�Paragraph of the Zoning , By Laws. Chapter 40B Section 21-24 of Mass :General Laws as to the erection „I;�` of 30 units of elderly housing and two units of family housing. c) As a Party Aggrieved, for review of a decision made by the Building Inspector Or other authority. (See building inspector's letter) 2. a) Premises affected are land x and building(s) x numbered 41 rear Second Street and 22-24 Ashland Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side of See plans Street, and known as No. Street. C) Premises affected are in Zoning District RR4 , and the premises affected have an area of square feet and frontage of c feet . See plans ; R-4 Ashland Street, GB, Second Street 3. Ownership r: a) Name and address of owner (if joint ownership, give all names): North Andover Housing Authority, One Morkeski Meadows, North Andover, MA 01845- '- .;.;y; Second Street- 3/24/86 Kelly R. Realty Trust Date of Purchase 10/29/85 previous OwnerJohn F. & Linda Gromko b) If applicant is not owner, check his/her interest in the Prospective Purchaser Lesee Other (explain) � Size of proposed building. front, . • feet deep; N Height stories; feet . See plans f.� a) Approximate date of erection: April, 1997 b) Occupancy or use of each floor: Residential housing : w Ashland Street - Wood frame, wood exter T=r C) Type Of construction: Wood frame, brick Exterior S. Size of existing buildings feet front; feet deep; : W Height stories; feet . See plans a) Approximate date of erection: - b) Occupancy or use of each floor: Residential Ashland Street - Wood rame —wood exterior +see C) Type of constructions Second Street - Wood frame - brick veneer 6. Has there been a previous appeal, under zoning, on these premises?dV No If so, when? , • J j'. 7. Description of relief sought on this petition Relief from zoning use and dimension. °.'S. , Deed recorded in the Registry of Dee4 sd i�nr ook 2153. Page 115 Registered Certificate �� 9835 Book " g" 69 Page 145 Ashland St. The principal points upon which I base my application are as follows: (must be stated in detail ) See attached sheet. :.I agree topay the fi ng fee alV erti ng in newspaper, idental :a... expense* \ `•5 ` " . S gnatu e of Pet toner s ' Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official • application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties In Interest". ,— ,- which list shall include the petitioner, abutters, owners of land directly. opposite on any public or private street or way, and abutters to the abutters within three hundred feet ( 300' ) of the property line of the petitioner as they appear on the most recent applicable tax list, `• notwithstanding that the land of any such owner is located in another city.' or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. ' ;.•t Such costs shall include mailing and publication, but are not necessarily limited to these. Y ; 4.L"l• Every application shall be submitted with a plan of land approved by the';: ; : ;; Board. No petition will be brought before the Board unless said plan has__.' ,., ' been submitted. Copies of the Beard' s requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST Name Address See attached lists. (use additional sheets if necessary) Abutters to Abutters - 41 Rear Second Street b James & George Casserly 55 Second Street North Andover, MA 01845 John J. n Gloria Cyr /X\ 38 Second Street North An ver, MA 01845 Joseph & Estelle Giard 57 Second Street North Andover, MA 01845 Maureen J. Joyce v 428 Pleasant Street North Andover, MA 01845 Lisa & Arek Kalaydjian 40 Second Street North Andover, MA 01845 Stephen & Beverly Kimball 99 Bear Hill Road North Andover, MA 01845 Terrance J. & Joan Landers 41 Second Street North Andover, MA 01845 Sheila M. & Vincent Landers 30 School Street North Andover, MA 01845 Helen Mathison 32 Secon Street • North A over, MA 01845 {/ Arthur W. and Mary C. Mawson 29 Second Street North Andover, MA 01845 Katherine Midgely 22 Maple Avenue North Andover, MA 01845 Peter J. & Catherine Raadmae 45 Second Street North 'Andover, MA 01845 San Lau Realty Trust 231 Sutton Street North Andover, MA 01845 sx Abutters to Abutters - 22-24 Ashland Street Arbor Associates - Robert Biresak 4 Whitegate Road Billerica, MA 01862 j B & M Railroad Ironhorse Park Billerica, MA 01821 Gail A. Burturlia 614 Sharpners Pond Road North Andover , MA 01845 / Crishab Realty Trust 201 Lawrence Road Salem, NH. 03079 Pic Wel Builders Magna-mead unit 5 Main Street MCtI4t2en7-?4A-&+84* Tewksbury Thomas J Piekarski ) c/o Robert Biresak Assoc. Robert Mc Carrick ) 4 Whitehill Rd Douglas J Ahern jI) Billerica, Ma 01862 PIAN' OF LAND TO ACCOMPANY PETITION x,Each''application an.­ to the Board shall be accompanied by ` (5) copies of he following described plans 1 inch 4+;The "size of the pl shall be 11 x 17, drawn to scale, ,,equals- 40 feet; itahatl ndvaddresses e a north of iownersmof propertiees of s nt �r zoning districts, dimes a z:: ;• ;'' within a minimum 200 feet of the subject property, propeThrty lines and locationlpf buildings on surrounding properties . location of buildings or use of the property where a variance is . ' ' requested and distances from adjacent buildings and property lines shall be ver i f i ed •?i n the f i eld and shown on the plan. The ,`': .dimensions of the lot and the percentage of the lot cgvered by the °1'1 principal and accessory buildings and the required parking spaces •:�`•. v, shall be shown. Entrances, exits, driveways, etc. that are ` pertinent to the granting of the variance shall be shown. All t; >, proposed data shal be shown in red. .,: 5'. :., Any topographical feature of the parcel of land relied upon for a :variance, such as ledge, rock peat, or natural condition of water, ' brook, or river , shall be shown on the engineering plan. When a ' ',•'variance is requested to subdivide a parcel of land, the dimen- "cions and area of the surrounding lots may be taken from the deed ''or lotting plan for"' comparison of the size of the lots in the ' ' neighborhood, noted on the plan as such, and marked "approximate" . The plan shall be• .signed and bear the seal of a registered i surveyor or engineer. Any plans presented with the petition shall ..,',' remain a part of the records of the Board of Appeals. If living quarters.'-are to be remodeled, or areas are to be ..+tT• converted into living quarters.,.• in addition to the plot plan, five (5) copies of the following described plans shall be furnished: A floor plan of .',each floor on which remodeling is to be done or areas converted into living quarters; s : •2.• ,. A floor plan showing the stairways, halls, doors opening into the halls, and exit doors of each floor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All _. osed work shall be shown in red. The size of each- plan prop shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 inch equals one -foot. All plans and elevations . presented with the petition shall remain rx .• a part of the records of the Board of Appeals. +e� For petitions requesting variation(s ) from the provisions of Section 7, Paragrpahs 7. 1, 7. 2, 7.3, and 7.4 and Table 2 of the A, :t ...' Zoning By Law for conveyance purposes only, a plot plan, certified ' by a registered engineer or land surveyor, of the parcel of land with a structure thereon being conveyed, will be acceptable to the •','�:*' :: Board of Appeals provided: 1. The dwelling(s) , structure(s ) , or building(s) were constructed prior to March 14, 1977. 2. The petition is not to allow construction or alteration to ' the dwelling(s) , structure(s) , or building(s ) which will re- sult in the need for the issuance of a building permit. .�, 3. The size of the plan shall be no smaller than 8 1/2 x 11 inches and must show the existing area of the parcel, the existing frontage, and the existing setbacks of the dwelling(s ) , structure(s ) , or building(s) being conveyed. 4. Proper space is:, rovided on the plot plan for the Board's �.. r.,'r• p � p • signatures, 'as well as adequate space for the following information: date of filing, date of public hearing, and � date of approval . C. 40B ANNOTATED LAWS OF MASSACHUSETTS § 19 § 20 REGIONAL PLANNING C. 40B agencies of the commonwealth and of each political subdivision the housing units reported in the latest decennial census of the city or thereof within the district, of data, records, and information within town or on sites comprising one and one half per cent or more of the their knowledge and control pertaining to the district, or to parts total land area zoned for residential, commercial or industrial use or thereof which may be required for the preparation of programs (2) the application before the board would result in the commence- designed to achieve the purposes of this chapter. (1968, 663.) ment of construction of such housing on sites comprising more than three tenths of one per cent of such land area or ten acres, whichever LOW AND MODERATE INCOME HOUSING is larger, in any one calendar year; provided, however, that land area owned by the United States, the commonwealth or any political subdivision thereof, the metropolitan district commission or any It 20. Definitions and Construction of Terms. public authority shall be excluded from the total land area referred to above when making such determination of consistency with local The following words, wherever used in this section and in sections needs. twenty-one to twenty-three, inclusive, shall, unless a different mean- 'Local Board", any town or city board of survey, board of health, ing clearly appears from the context, have the following meanings:= board of subdivision control appeals, planning board, building inspec- Low or moderate income housing", any housing subsidized by the for or the officer or board having supervision of the construction of IS federal or state government under any program to assist the con- buildings or the power of enforcing municipal building laws, or city II struction of low or moderate income housing as defined in the council or board of selectmen. (1969, 774, § 1.) applicable federal or state statute, whether built or operated by any Note— public agency or any nonprofit or limited dividend organization. Editorial Note— Section 3 of the amending act provides as follows: "Uneconomic", any condition brought about by any single factor SEcrtox 3. The provisions of this act are severable and, if any provision shall be or combination of factors to the extent that it makes it impossible for : a public agency or nonprofit organization to proceed in building or held unconstitutional by any court of competent jurisdiction,the decision of such court shall not affect or impair any of the remaining provisions. operating low or moderate income housing without financial loss, or Law Review References— �± for a limited dividend organization to proceed and still realize a Rodgers, Snob Zoning in Massachusetts. 17 Annual Survey of Massachusetts Law reasonable return in building or operating such housing within the 487,Boston College(1970). !€ limitations set by the subsidizing agency of government on the size The Massachusetts Zoning Appeals Law: First Breach in the Exclusionary Wall. 54 or character of the development or on the amount or nature of the Boston U L Rev 37.January, 1974. �( subsidy or on the tenants, rentals and income permissible, and Exclusionary Zoning and Equal Protection.84 Harvard L Rev 1645. May, 1971. l; without substantially changing the rent levels and units sizesro- Healy, Massachusetts Zoning Practice Under the Amended Zoning Enabling Act.64 posed by the public, nonprofit or limited dividend organizations. p Mass L Rev 157.October, 1979. "Consistent with local needs", requirements and regulations shall Reed,Tilting at Windmills:The Massachusetts Low and Moderate Income Housing g Act,4 W New Eng L Rev 105,Summer, 1981. be considered consistent with local needs if they are reasonable in view of the regional need for low and moderate income housing CASE NOTES considered with the number of low income persons in the city or Words "requirements and regulations" Act not unconstitutionally vague nor un- town affected and the need to protect the health or safety of the in definition of term "consistent with lawful delegation of legislative authority, E. occupants of the proposed housing or of the residents of the city or local needs" includes zoning by-laws and since the standards provided in GL c 40B e town, to promote better site and building design in relation to the ordinances, so as to effectuate statute's §20 are sufficiently definite. Board of N purpose of facilitating construction of Appeals v Housing Appeals Committee in surroundings, or to preserve open spaces, and if such requirements ¢ low and moderate income housing in ar- Dept. of Community Affairs (1973) 363 and regulations are applied as equally as possible to both subsidized eas which have exclusionary zoning prac- Mass 339,294 NE2d 393. and unsubsidized housing. Requirements or_regulations shall be con- tices. Board of Appeals v Housing Ap- Taking b eminent domain in good sistent with local needs when imposed by a.,board of zoning appeals peals Committee in Dept. of Community s Y after. comprehensive hearing in a city or town where (1) low or Affairs (1973) 363 Mass 339, 294 NE2d faith and for public purpose cannot be 393. overridden by local zoning board or moderate income housing exists which is in excess of ten per cent of Low and Moderate Income Housing Housing Appeals Committee. Chelmsford 24 25 i` Vi'`'i; 00 t P. 1855 fq � NOFsI';f R ►.��cnu�sr •? �s s!-,all be filed DEC 12 38 .n/ ,;,r i.TOWN OF NORTH ANDOVER Lit., MASSACHUSETTS 0 'r.,,.`.e of� Lila To BOARD OF APPEALS r NOTICE OF DECISION December 22 , 1986 Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition No.. . 87-2.4. . . . . . . . . . . . . . Date of Hearin Oct . 14 , Nov. 18, 1986 g. . . . . . . . . . . . . . . . . . . Petition of . . . Nor.th. Andover . Lousing, ,Authority Premises affected . . . . 4.1 . 5•t, a40. .22-24 Ashland St.. . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . ... . . . . . . . A- Comprehensive Permit - Chap. 40B, Sec. 21-23 of Mass General Laws, . . . . .. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . erection. of. 30 . ung is. .o. . .e.lde.x ly. ,hous.ing. .and , 2 units of family- housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . GRANT , . : the Comprehensive Permit .. . and hereby authorize the Building Inspector to issue a . . . . . . . . . . . . . . . . the North Andoer Housing Authority permit to . . . . . . . . . . . . . . . . . . . . . . v . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the.above work, based upon the following conditions: Please see attached.' r Signed Al red Frizelle, Esq. , Vice- Chairman Augustine iCkar G>lerk William Sul•livan. . . • • ' • Walter Soule Raymond Vivenzio . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . Board.of Appeals upon a motion QUly Dy MI . AUILLYU11 bUt_UILUGU UY i•iL . ODULli VOTE was .Four in Favor of the Comprehensive. Permit with Mr. Vevenzio absent, subject to the following conditions : The property on Ashland St. shall have 2. parkirig spaces for each unit , .and further, that revised plans . be.. submitted to the ' Board showing said..parking area. i The Boardfinds as follows : 1 . That the number of low and moderate income housing units "y occupied or available for occupancy in North Andover is .not in excess of 10% of the total number of hous'i'ng units reported in the 1980 decennial census. Low and moderate income housing units would have to exceed 704 of 7, 040 units , 1980 census , before exceed the' maximum criteria of local need. 2. That the land area occupied by low and moderate income housingunits in the town of North Andover at present time prior to this development does not comprise 1 1/2 percent or more of the total land areas toned -for residential , commercial and industrial excluding publicly owned land. 3. The total land area is zoned -for such use in North Andover . is 17, 043 acres.. . Approximately 4, 043 acres are publicly `owned as defined in Section 20 so that 13, 000 acres remain against which the 1 1/2$ standard may apply. To satisfy this .criteria of local need, the land area occupied by low and moderate income housing units should. comprise in excess of Z00 acres . Presently , low and• moderate income housing units in the Town of North Andover occupy approximately 6. 9 acres leaving - approximately 153. 1 acres ,which might b"e developed for low and moderate income housing before -the criteria would be exceeded prior to this development. 4. Approval of this . application will not result in the commencement in any one calendar year of construction of low and moderate income housing units on sites comprising more than 3/10ths of 1% of land in North Andover zoned for residential- commercial and industrial use excluding publicly owned land or comprising more than 10 ' acr.es, whichever is greater. The property in. question is located in R 4 Zone on Ashland St . and a general business district of Second St. . The Board finds that `the deviation from the North Andover Zoning ' By-Laws and Regulations .is necessary in light of the fact ' the" property is located in the aforementioned zones. Further the - application;of theZoning By-Laws would be inconsistent" with the local and . regional need for subsidized housing for the elderly and handicapped person and of low and moderate income persons and would tend to make the pro-posed construction uneconomical . Miscellaneous provisions The applicant will, amend the plans to show the new parking area and such amendment is to be -approved by , the Board. ;; The Applicant will submit a final set of working plans prior to commencement of construction. - The applicants will construct the project in accordance with all applicable State and North Andover rules and regulations unless, otherwise specified herein or unless otherwise provided by this Board. of NC efN�y RLC F t T Nit IN K 7 at)p' l shall be file'` •;;;•: :,:'tea DEC 22 « 39 f" `86 a �fl�, the d-\.s Oi illls l�®tl�R n Oti 0 TOWN OF NORTH ANDOVER Gay., the S- in the Of{ice p MASSACHUSETTS Clerlt. BOARD OF APPEALS North Andover Housing Authority Petition #,y- -87 December 22 , 1986 Daniel Long , Town Clerk Town of North Andover 120 Main Street North Andover, MA 01845 Dear Mr. Long : A Public Hearing was held by the Board of Appeals on Tuesday evening , October 14, 1986 at 7 : 30 PM for all parties interested in the appeal of the North Andover Housing Authority for a Comprehensive Permit Pursuant to Chapter 40-B, Section 21-23 of the Massachusetts General Laws , so as to permit the erection. of 30 units of elderly housing , and 2 units of family housing on premises located at 41 rear Second St. and 22- 24 Ashland St. . The following members were present and voting : Alfred E. Frizelle , Esq. , Vice Chairman, Augustine Nickerson, Clerk, William Sullivan, Walter Soule ,and Raymond Vivenzio , Associate Member. The hearing was advertised in the North Andover Citizen for two consecutive weeks and all abutters were notified by regular mail . Mr. Louis P. Minicucci , Executive Director of the North Andover Housing Authority, spoke for the Authority. Mr. Minicucci ' s presentation set forth the extent of the project on the " two locations and also he presented a set of sketches and plans of the proposal . The Board of Appeals prior to the Pubric Hearing distributed information of the proposal and solicited recommendations and comments from the .following departments , officials , and boards : Police Chief , Fire Chief, Board of Health, Highway Surveyor, Board of Public Works , Conservation Commission, Planning Board , Building Inspector, Tree Warden, and the Board of Selectmen. Replies were received from several departments , all of which are a matter of record and may be referred to in the Board of Appeals file. The Board upon a motion duly made and seconded continued the hearing to November 18, 1986, in order to give the Board the opportunity to review and evaluate the materials that had been submitted. At the continued hearing, on November 18, the same voting members of the Board were present , and Mr. Minicucci answered questions from the Board. There were no parties speaking in opposition to the petition. Upon a motion duly by Mr. Sullivan seconded by Mr. Soule the VOTE was Four in Favor of the Comp.rehonsive Permit with ?fir. Vevenzio absent, subject to the following conditions : The property on Ashland St. shall have 2 parking spaces for each unit, and further, that revised plans be submitted to the Board showing said parking area. The Board finds as follows : 1 . That the number of low and moderate income housing units occupied or available for occupancy in North Andover is not in excess of 10% of the total number of housing units reported in the 1980 decennial census. Low and moderate income housing units would have to exceed 704 of 7, 040 units , 1980 census , before exceed the maximum criteria of local need. 2. That the land area occupied by low and moderate income housing units in the town of North Andover at present time prior to this development does not comprise 1 1/2 percent or more of the total land areas zoned for residential , commercial and industrial excluding publicly owned land. 3. The total land area is zoned for such use in North Andover is 17, 043 acres. Approximately 4, 043 acres are publicly owned as defined in Section 20 so that 13, 000 acres remain against which the 1 1/2% standard may apply. To satisfy this criteria of local need, the land area occupied by low and moderate income housing units should comprisein excess of 200 acres. Presently, low and moderate income housing units in the Town of North Andover occupy approximately 6. 9 acres, leaving approximately 153. 1 acres which might be developed for low and moderate income housing before the criteria would be exceeded prior to this development. 4. Approval of this application will not result in the commencement in any one calendar year of construction of low and moderate income housing units on sites comprising more than 3/10ths of 1% of land in North Andover zoned for residential , commercial and industrial. use excluding publicly owned land or comprising more than 10 acres, whichever is greater. The property in question is located in R 4 Zone on Ashland St . and a general business district of Second St . . The Board finds that the deviation from the North Andover Zoning By-Lawns and Regulations is necessary in light of the fact the property is located in the aforementioned zones. Further the application of the Zoning By-Laws would be inconsistent with the local and regional need for subsidized housing for the elderly and handicapped person and of low and moderate income persons and would tend to make the proposed construction uneconomical . Miscellaneous. provisions - The applicant will amend the plans to show the new parking area and such amendment is to be approved by the Board. - The applicant will submit a final set of working plans prior to commencement of construction. - The applicants will construct the project in accordance with all applicable State and North Andover rules and regulations unless otherwise specified herein or unless otherwise provided by this Board. Sincerely, THE ARD F AP /LS Alfad E. Friielle Viab Chairman AEF/jib eII 6R. �Aeahy Fust P.O. Box 385 North Andover, Massachusetts 01845 Sep�e2 8, /980 in .the neat e we wit, ap,oP4 tv th.e Ao' &h Andvve2 -,-)vaad of Appeu14 j'v2 a vaaiance cry, ow na u4 tv improve vu2 pnope4;t* r4 part of mein p wced.vre Z l/ wi U not%?r,, Wu o f vu2 in;tent a&et we jubmi t out appy i.catiotV but we Felt Aa,4 a4 gou2 neigMo/w, we jhould tel,C You about ou4- *nd ahead v4 .time. A4 you An w, we p4e4en;Uu hou4e a cowtquction company and an auto bod .shop. PLeia ea.A, Lu and .ons hour, the tape oL wvA they do, and the diento they d)zaw r6 not mate then the rw4 t deA.c wu4 o nei9Abou. l- e t have toed tv cow i.dez you in Ae conduct v.IL the.iA woAh. In twrn, you have cooperated with them and u4 in mini- rni..pi. c%ouz compGa� cone nin a them :Ve appteciate uvu2 unde,,z&t� and hope that out ze&ztiorz4hy wi;& you wiu aLaw 2emzin ha�uwniou4. Un�v�iurate�r�, vu2 p2eent bui diralu4 vn,Cu type o.1 tenant. In lac#, oust ze4ea2ch tem u4 even a?te2 4 ,nLiq 2ennvatior�, a c�ulrruye Line vurr� wi.LC Conti ecce & diuuu 4e2vicet�e companies. fv2 and economic 2ea.�vn.�, we ate applc im pvn vairi- ance4 which witZ all-txv ups ;to corvstwct an o,14Lce building Aat w-iU be a 4.i.cgniu i.cant upaorad in,q o l Ae pAo pe t& and why j e tenants wi.0 be m.�a e cvmpa iib,le with th.e neiobo.ahovd envuwnmen t, lhe tirry 4hetcne4 uAich ate endaded depict how we vrAuar 5e -the naw baZ.2 z and ;&e .impaovememi4 to vu2 lance One 4,4otw an aerial vicw, and the o#h.e z, a ;1uee dimewi.onar view. lro.&ce phut Sze new 6ui,&� will be o4 a co. oruaz h.ou4e. de jt n, and khat iAe to cue only haea&, 4ou z pav�u-V apace j. The 6'ai,Cding wi,U have about eigU lwu&utd oquaAe Leet of 4looz apace with. ;&*) P-oo� above grwund and one pa tiaUy below. The .united p�u:ng and Ae 4pe o4 Henan to uAom we wi,U tent w U .cWUAe- #hut .4Aal&c .cam hept ;to a min� and Aai .i,t .cam naj qJ-e dozing the nvulwyou ate u4 Llu a� home. We wiU tent on.Lrc �v pav�e��tuna� �uclz a� . auiue)w, dvc,61w and accountarn�t4. ✓re -lope Aa� u_ou tviV .Lend u4 your. ;� �uppo� in AiA ven tune. Shou, d u vu have anu (,,ue4.Low concean ng ouz .in e tZow, o)t any, 4UnDe4tiorw wlzic,� WiU he. p u4 neet ycur. and out need4, p. ea.6e fee free to cull. The telephone nwrLe2 .i.4 6W-3559, and a4� toe eat e2 Al Shn600 o,2 "e. f. Hann cwu &IL youz an;Lcpa ed coope�on in Ai4 m ;U" Ve,zu iuL1�� csvtr�, Tt6 T v�eph L. �.Lunrt ti r9 l � •\ e`�, ., Imo_ . ...t!`4•"`i� ...��.F`n�1.[ �Y • .-�'_..t r..1` i.t.S}t`1``51,�_yl� �� ----��---�� :v' F �[�[\!YYt., �fin• .s\ � �"i '�. m .'1`�M"��1 T., .�',1�q/_"`�•�+ ^ +`� I Of.f'rce Burldrn9 .1 77 F77 L 0 c: Q O 12 nd ' 5f ree t ` F Office Park North Andover, Ro. 5cd7e . >in =20 fz` Leyend : Properly Lane Ca�cd Basin ( Ext s�zn9 auddLn9 . Pal,ed /f red T Re{acn:nF l�✓a11 -.---._ S{acko.de Fence �'• � Shrub � Ldwn 5ec077a' Ser-eel ��. I� QTiQ ����q��0117���V�V�}�QG•aya�tWa /��/��� 'rte ������■ �' rra����"��: �.�.� .�� ����� s�s�� a...��■� nil M r• � Tc v ,v Legal Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE August 28,1986 at N°;TM 1 y Notice is hereby giveri that a? .f�I;��+�;• °off the Board of Appeals will give . � a a hearing at the Town. Building, North Andover, on y Tuesday evening the 14 day of October 1986,at 7:30 o'clock, i 1'�S'^^°'`•~�' to all parties interested in the S�cHus� appeal of North Andover Housing Authority requesting a variation of Sec.-4.12(b)& 4.122 and Table 2 and Comprehensive Permit Chapter 40B Sect. 21-24 of Mass.General laws so as to permii election of 30 units of elderly housing and two units of family housing on the premises,located at 41 rear Second Strcet and 22-24 Ashland Street. By Order of the Board of Appeals Frank Serio,Jr.,Chairman. Publish North Andover Citizen, September 4 and 11, 1986. 15, -- �- �Ak 7 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS - TOWN MORT IANiOVER ASSACHUSETTS NORTH � p SACHUS t� BOARD Of PEAL NOTICE ' September 26,1980 I Notice is hereby'(give will ' the Board of A pe a Town give a hearing Bulkoing, North nAndov r, On Tuesday 9, at141h day of October 1980, F i o'clock,to all parties in- terested in the appeal of Kelly R. Realty Trust,requesting a variation df Sec.7 Par.7.2 of the Zoning By-Law so as to. permit the construction of a new'office buildingon the premises, located at the ; North side.of Second Street, and known as 41 Second St- ay Order of the. Board of Apeals FRANKEChai men E-T—Sept.29,Oct:6,1980 k 4 i TOWN OF NORTH ANDOVER MASSACHUSETTS 0t„ORTN 3? •�t.�o ,�'t•1•G 41 p - L E R ,SS4cmuSE�� BOARD OF APPEALS NOTICE September 26,1980 Notice is herebygiven that the Board of Apeals will ' g-ve a hearing at the Town buliaing, North Andover, on Tuesday evening, the 14th day of October 1980,at 7:30 p.m.o'clock,to all parties in- terested in the appeal of Kelly A. Realty Trust requesting a tiariation of Sec.7 Par 7.2 of i�a Zoning By-Law so as to o-mit the construction of a new of+ice building on the premises, located at the North side.of Second Street, and known as 41 Second St. By Order of the -Board of Appeals FRANK SER10,Jr„ Chairman E r—Sept.29,Oct.6,1980 {y� t l 1 rowN of _--� NORTH ANDOVER MASSACHUSETTS NORTh 01 , o •1y L � 9 t t ACHUS BOARD OF APPEALS NOTICE September 26,1960 ' Notice is herebygiven that the Board of Apeals will give a hearing at the Town Buliding, North Andover,.on Tuesday evening, the 14th day of October 1990,at 7t30 M.o'clock,to all parties in- sted In the appeal of Kelly R. Realty Trust'requesting a variation df Sec.7 Par.7.2 of the Zoning By-Law so as to, permit the construction of a new'office building, on the Premises, located at the North side.of Second Street, and known as 41 Sicond St. By Order of the. Board of Appeals FRANK SER 10,Jr,,. Chairman E-T—Sept.29,Oct:6,1980 i .TOWN OFNItTH ANDOVER i MASSACHUSETTS t NORTH 3?Of'?t.�o ,�1tiCO • ' L O � ' F 9 ♦ ♦ ,SSACHUSEA SOAROOF APPEALS NOTICE Septembe ,that. Notice is herebY given peals wily the Board of APa Town give a h•artn9 Andover,.on subding, Northe th 14111 Tu•♦daY eveg, 0 at 7s30 day of Octobor 196 tll p erties in P m,o'dotic, o a terested in the appeal of a R. R•olty frost requesting ng a variation df Bec�aw so as to. the Zoning Y' permit the construction ofhe new-officepremises loicaited at the premises, of second S NortKnownas41 SecondtSt andet, By Order of .Board of Appeals FRANK SCh i man E-T—Sept•29,Oct.6,1980 I DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. NORTH ANDOVER HOUSING AUTHORITY IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. DELUXE - FORM WVC-3 V-363A DATE DESCRIPTION AMOUNT DISTRIBUTIONS ACCT. NO. AMOUNT 08/25/86 Filing fee - Comprehensive Permit $25 .00 $25 .00 667-4/705-1 D E D U C-T 1 O N S PERIOD TOTALTOTAL 60CIAL WITHHOLDING STATE NET PAY ENDING EARNINGS 6ECURITY DEDUCTIONS TAX U.S. INC.TAX INCOME TAX ti 3-5-DDAD-355 THIS IS TO CERTIFY THAT THIS VOUCHER REPRESENTS A PROPER EXPENDITURE FROM THE FUNDS OF THE AUTHORITY. SIGNATURE TITLE EXECUTIVE DIRECTOR DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. NORTH ANDOVER HOUSING AUTHORITY IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. DELUXE - FORM WVC-3 V-363A DATE D ES C R I P T 1 0 N AMOUNT DISTRIBUTIONS ACCT. NO. AMOUNT 8/27/86 Advertising - zoning $42 .00 $42 .00 D E O U C.T 1 O N S f PERIOD TOTAL SOCIAL STATE TOTAL NET PAY ENDING EARNINGS SECURITY WITHHOLDING DEDUCTIONS TAXU.S.INC.TAX INCOME TAX 3-5-DDAD-365 THIS IS TO CERTIFY THAT THIS VOUCHER REPRESENTS A PROPER EXPENDITURE FROM THE FUNDS OF THE AUTHORITY. SIGNATURE TITLE EXECUTIVE DIRECTOR DETACH AND RETAIN THIS STATEMENT N. ANDOVER HOUSING AUTHORITY THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. N. ANDOVER, MA 01845 IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. DELUXE - FORM WVC-3 V-363A DATE DEB CRI PTION AMOUNT DISTRIBUTIONS ACCT. NO. AMOUNT 10/20/86 Postage 8.36 8.36 D E D U C T 1 D N S PERIOD TOTAL SOCIAL TOTAL ENDING EARNINGS SECURITY WITHHOLDING STATE DEDUCTIONS NET PAY TAX U.S.INC.TAX INCOME TAX 3.5.DDAD-366 THIS IS TO CERTIFY THAT THIS VOUCHER REPRESENTS A PROPER EXPENDITURE FROM THE FUNDS OF THE AUTHORITY. SIGNATURE TITLE EXECUTIVE DIRECTOR 4 Legal Notice A • ; TOWN OF NORTH ANDOVER,• s` BOARD OF APPEALS NOTICE- August 28,1986,: ` f N°RTM Notice is hereby given that % p 3s � ,.,• o� the Board of Appeals will give o o a hearing at. the "Town-, ' ~ p Building, North Andover, on"' t ;. • Tuesday evenini g the 14 day of: r • October 1986,at 7:30 o'clock, ? \ y caus� to all parties interested in the, t :. .:appeal. of North Andover,' Nousirig Authority requesting a variation of Sec:*12(b) 4.122 and Table 2 and Comprehensive Permit Chapter 40B'' • Sect.21-24 of Mass.Genera(laws so as to permit erection of 30 units of elderly housing and two units of family housing' on the premises,located at 41 rear Second Street and 22.24; Ashland Street. d By Order of the Board of Appeals.- ' Frank Serio,Jr.,Chairman. Publish North Andover Citizeri; September 4.and 15, 1986. ; t Board of Appeals ` Town Office Building ""'x North Andover, Mass. 01845C��'ON P NA SgKp�R nec/a;erl' 7// HoSUf�en Nn� Ret SFO �psV 4 sf 49P �0/ of/icP� mail i�lh fa/eVe o der Cpti ,,' ffi Board of Appeals Town O��ice uildin �� North A-ndover.,.Masi-998#5--.-.._, 0W 29 "ASO"CHEC��ED — ff elaimetl Refused llttempted Not known Insufficient Adrlrc`ss No such street__n�,:.ber_ No such office in state 0o not remail in this envelope NOS r DAAPRILM N "� , E R ► 1ctl be filed ''•.,.�• 12 8 PY, 186 p.ml r,;-^ai s'1U41 DEC 2 � Fj p i., L^r VMWN OF NORTH ANDOVER c Cj Notice MASSACHUSETTS in tier J,1'`siCe of. tt,e. Town fly; BOARD OF APPEALS NOTICE OF DECISION Date December 2'2 , 198.6 87-24 Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearin Oct . 14 ,. -Nov. 18 , 1986 g. . . . . . . . . . . . . . . . . . . Petition of . . . Nor.tb. Andow.r ..H.ousing. .Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . 4.1 . . Referring to the above petition for a'variation from the requirements of the . . . . . . . . . . . :. . . . : A Comprehensive Permit - Chap. 40B, Sec. 21-23 of Mass . General Laws, . . . . . . . . . ... . . . . . . ... . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . so as to permit . . erection. of. 3.0 . uni.ts. .o.f, oldex 1y, .hous,i,ng. ,and , 2. .units. .of family. .ho us i ng. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . GlW7. . . : the Comprehensive Permit , and hereby authorize the Building Inspector to issue a . permit to . . . .. . . the. .North . . Andover Housing Authority. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Please see attached. Signed Al re el le Esq. , Vice- G Chairman ugusticker on, Clerk Wi lliam' Sullivan Walter Soul1 . e . . . . . . . . . .Raymond i. Vvenzio . . . . . . . . . . . . . . . . . . . . . . .`. . . . . . . . . . . -., . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board,of Appeals y Upoh!,''a motion duly by Mr. Sullivan seconaea Dy Mr. JOUle Lire . VOTE.;.i'was .Four in Favor of the Comprehensive Permit with Dir. fevenzio absent, subject to the following conditions : y ne property on Ashland St . shall have 2. parkirig spaces for each � } unit; .and further, that revised plans . be. submitted to the ' Board showing said. parking area. ,•`; The Board finds as follows : 1 . Tha.t the number of low and moderate income housing units occupied or available for occupancy in North Andover isnot in excess of 10% of the total number of housing units reported in the 1980 decennial census. Low and moderate income housing units would have to exceed 704 of 7, 040 units , 1980 census , before exceed the• maximum criteria of local need. 2. ; That the land area occupied by low and moderate income housing _units in the town. of North Andover at present time prior to this development does not comprise 1 1/2 percent or more of the total land areas zoned' .fo-r residential , commercial and industrial excluding publicly owned ' land. 3. The total land area is zoned for such use in North Andover . is , 17, 043 acres.. . Approximately 4, 043 acres are publicly owned as defined in Section 20 s.o that 13, 000 acres remain against which the l 1/2$ standard may apply. To satisfy this .criteria of local need, the land area occupied by low -and moderate income housing units should comprise in excess of 200 acres . Presently, low and• moderate income housing units in the Town of North Andover occupy approximately 6. 9 acres',, leaving - approximately 153. 1 acres which might be developed for low and moderate income housing before -the criteria would be exceeded prior to this development. 4. ' Approval of this . application will not result in the commencement in any one calendar year of construction of low and moderate income housing units on sites comprising more than 3/10ths of 1% of land in North Andover zoned for residential;" commercial and industrial use .exc.luding publicly owned land or comprising more than 10 acres, whichever is greater. The property in• question is located in R 4 Zone on Ashland St. and a general business district of Second St. . The Board finds that the deviation from the North Andover Zoning , By-Laws and Regulations ..is necessary in light of the fact ' the- property is located in the aforementioned zones. Further the - application;of the . Zoning By-Laws would be inconsistent' with the local and . regional need for subsidized housing for the elderly and handicapped person and of low and moderate income persons and would tend to make the proposed construction uneconomical . Miscellaneous provisions - The applicant will amend the plans to show the new parking ' area and- such amendment is to be -approved by the . Board . '. - The dpplicant will submit a final set of working plans prior to 'commencement of construction. The applicants will construct the project in accordance with all applicable State. and North Andover rules and regulations unless, otherwise specified herein or unless otherwise provided by this Board. s?' FRTH� r�2. 6oRroRgr'�o�• t F APRIL7M �L�I. ��: 1S5S •.� R ACHUg {� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE wc,rtember 26 19 0 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover,on. evening, the Vt" day of . . .0tober P.M* 19.�O., at T:.`�"o'clock, to all parties interested in the appeal of Kelly R. realty Trust . . . . . . . . . I . . . . . . . . . . . . . requesting a variation of Sec.. .7 .: '7' �r �-+/ / � pm,✓ . 11 / L ! '�,�� °� rr� r-h�< �"I" d it I I If� I� ill III I I ' � � .:� 4 �f I �i ISI II I II I I ✓ 1 , SII ill 'll II `I {it I �f IIS . I ! "I f,. II, C , q o m Q , + 'DOWN OF NORTH ANDOVER Y p MASSACHUSETTS := ; _BOAFD .OF "APPEALS ;, CMOS t _ a _ NOTICE: This application must be typewritten. " APPLICATION FOR--RELIEF. FROM THE- REQUIRMENTS OF THE-ZONING l i .1rj vz Eel ORDINANCE ' P.' 0. ,ox 385 Applicant /(eUu /?T Address Nvnth. 1 ndvv" X3&4, 0/845 1•. Application is hereby, made-.-.-..-.-.. (a) For a variance from the requirements of Section_ Paragraph_,7,2: of-- the Zoning By-Laws. (b) For a Special Permit under Section ,Paragraph of the Zoning .. . By-Laws.....:,`, Z . (c) As a__.party- aggrieved, for review of a"decision made? by: the Building Inspector or other authority. _ 2. (a) Premises affected are land ,K - and buildings ,� numbered4/ Second Street. i (b),_ Premises affected are-property with frontage on the North X S6uth -East West side of Sem, Street, and known as NO. /�nd Street. (c). Premises affected are in Zoning. Districtand the- premises affected have-.an. area of.73 A-and frontage of 40 feet. 3. Ownership: :._ . ... (a) Name and address of owner (if joint ownership,give all ?apes) : Kel,Cu R. ?ea Ua' T/W44 P. 0. &)y 05 &Ya A A i Yp ye y &7AA o1845 , Date of purchase df° ch. " .7(, Previous owner WZJ, �. K�h 8, f�. (b)'= If applicant is not oimer•,- check his. interest in -the premises : Prospective purchaser --Lessee Other (explain) 4'. - Size of proposed building: 100 front; 40 feet deep. Height: 2, stories; 45 feet. �a� Approximate date of erection / 8lbOccupancy or use (of each f loor : /;w ej�.cvna, (c) _ ype' P o A l7 construction f�vvd Wi nich 9R!`inn nn 6, is Q S. Size of Existing Building: 84 feet front; 46 feet deep. Height / stories Feet. �a� Approximate - date of erectionwn. _ ,qpp,� /94S bOccupancy or use (of each floor) : (2n vn co r � a ltap,--- e (c) Type ot constructionoo' and ci.ndeic Uo 6. Has there been a previous appeal, under zoning, on these. premises:A If so, when 7. Description of relief- sought ,on this petition: De4iAe' va/uance on 4waLage aeaui&emea,4_ (&Qm a5 .leeg ;to 40 lerj� #n'allr)1/J wn�f nr/r' : n o I nP1U 64ft e 6i/f jdi . 8. Deed recorded in the Registry of Deeds in Book /278 Page -587 or, Land Court Certificate NO. , Book Page . ). _ The principal points upon which I base my application are as follows ; (must be stated in detail) The exej�t:na bu.i,(d'tn�_ hnuJe� -Caggju:e4 wlto4e voadz6r4 cue n() ,n 1� Am a ',oAgdominani14 2e4idenb:a� aaea. Renovalion nthe exi4;Uno 4#,7,t /Lw iA unke2AilVe r�riw�ii nld Kion cAanQe j lze e v _ - - y.. e _ hut -ing tyi,U enhance te va a a4 no haeiyiozze n aU abu PJt�. /?end wi,u inczea4e_Ae inrri=mP , m �A.e r�irvne�rtc• ;v Ae /nP}itin wAd TA —,, 6e ene tog eMcLen and e) n rn jnn n� e dem � ,n CAU WIL f 1i,1 Pn� �Uj�ound(lL� z�z-� - ; v 9_ . envcltonmen;. tc,. ;ino �ttln-n� Daae w.i,U be di�recied i n,42 a r�naintJF�a .�„Afv�» wh%rh llJt.� U m6nim4e eao4•cvn and Li4 a44vc izted -&.po nq_a�c - = - danrc��,: I agree to pay for advertisin in ews paper and iT c' ental "expenses. ���� `l'- - .('Petitioner_:'_9_ --.Si .nature7) ec. 1 APPLICATION FORM � 1yjl Every application-for- action by the Board shall_be mad� .on form approved by. the Board. These forms shall be- furnished _by*the lerk upon request. Any communication purportrt g tome- an application hall be treated as mere notice of- intention to seak relief;until such ime as it is made on the official- application- form Al :, infoa rmtion:: alled for` .by the form shall--be furnished­Uy -the applicant in the manner- herein prescribed. _ t” - 7 '2 - - j Every application shall be -submitted with' a list of "JParties n Interest`.' which list shall include 7the petitioner,— amt tt-i�Frs--o ,rners f land directly opposite- ori any piiblic:2-or- p.: vete street or- way and igners of land within three hundred - feet cf tTie -property line all as hey appear on:-the most receii -appl3eable, tax::iist:,-:,notwithstanding that he land of any such owner is located in another city -or town; -the Tanning board. of--the town and the planning--:boat-d. :of every abutting city { r town. _ .. Every application shall be submitted-iv`ith Jai 'application fee I ,efficient to cover ,the cost_ of postage of notice to_all parties in .in- age. LIST OF PARTIES _IN_ INTERE_ST_- kME ADDRESS - Ke,Uy R. ?ea Cts T P- 0. Box 385, Ao& iA And vea; -ty m. _x 904 e fah. It � �o c�ce A Regan, 4/ Second S,.ee�, Non tlz Anduven, :1 ,: , Vz nce+zt �: 8 SA"i.�a /y',, Garde rr�,�Q Qufr t ZS tee ,-Nv h oveir, i San-Galt ?ea4 Tiw;t % Sanzto. MP-44 ina, 268 MalMao4ude ttA ,4penue, No2t1�Andover, 1��, NvId A }� _ . ndovez Hvu�.cn� Autho�,i.�,- /6 l''oun�ai.n Dni.ve, Nv2tA-Andvvea;- etiea & CzAe&ine Aaad ae S , 9 Second S,&ee;e, Noti#h r4ndovez, IYkt44; -- -- - _-- fUilLian B. Air.Line Kent - ac-,_i 550-/turnp the Soiree., Noiith. Ando vea, Ma44. FAank AJ.i.cadia, 40 Second S44� AoAA-A-J- - :_� p avhn �. Via. �Clviuja i rr, . econd S iree;, Av7h th.-Andvve�i, He. en Mz Ae4vn, 32 Second S; teaj4I01)j A,4ndoven, At44, _ = o, r: - �� /?v4e lei&oy,=28 Second Ski eei, AvIdA Andover, l�kr m.--- Chaav�`,te A /jvo#h, ASecond S iteezE, Av1, h. Andvveit, &4.j. - A &Agton 7mtw-� Company, /49 l�Z•cn Stitee#, Av&L A Andovefr,- Ah4,d. - - Ha,"y M & CaAezine /6/ Ahin Ree,,__.NtzldA Andavea, MZ44,, - TAomad H. 9 Ao4e /ramie Lia4ne4, 159 l4ic Z S-4 iee1,'NoirtA Andovea, 11v44. - .Ci e#/i. 1N,el,Li,an AvecSace h /63 AirS iee , Ao21 �ndvve 14. - - I MWA. C4Zd stone Rea.Uy 7mmr , /1 TA niV Iwad, U/ nche4;ten,. /kr.M. Roman Ccr tho lic A,,Zchb 4hop v� Qv.��on, -196 A i.n S; tee,4,.A),t h. Andovea, 144, dames T, ye0119e G', C244err,44 55 Second S;i�itee., A'02th. .4ndove14 I)IM4. d04ePk /?. A, 64;& e- A C, 57 Second S,tee-�, A'oz& Andover, A244. ADD ADDITIONAL SHEETS IF NECESSARY, i P.O. Box 385 North Andover, Massachusetts 01845 LIST of TART16S IN P T61ZST (CONI-106D) Stephen R. & MauAeen C. &A", 65 Second S;bzee;t, NoldA Andover., (Yiw4. ?amend C. & DeGoaah / Dead, 30 , hp. e Avenue, North. Andovea, &m. Katherine V. lf?We44 22 /Yap,Ce Avenue, AbId . Andover, lr'a4,j. AVchde T. & SA ldeeq A. SAvv4 64 Second SfAeet, NoAA Andover, lih44. Send ?eatrt Taunt, 30/ /n-v wh S;t eet, LAwzence, 4iz44. Ar tluvz W. /! L ll�aiwon, 29 Second Stnee-4 A164 h. Andover, ,gz4,J. Iau, R. & Pune C. Thoau on, 22 Schoo-L S.&eei, N64A Andovea, 1f t4.j. Do2i4 Ri-c, c"on, /! Second Stiieet, i%,& Andover, lYkrm. fnanci4 (9 �lvzi� i,ie lel. Smith, 70 fu46e2 Avenue, North. Andovea, 1� , l(�i.GCiccm A. F&zneaan, %ataicia A. Hay, 88 heath Read, Nosh Andover, I"kZ44. ��i.ld�ted L. D.i&Iao, 36 Rioiaarldon. Avenue, North Andover, Ch Q NOFTM sACHUSE� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS October 24, 1980 Kelly R. Realty Trust 41 Second St. Petition No. 25-180 Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Sir: A public hearing was held by the Board of Appeals on October 14, 1980 upon application of Kelly R. Realty Trust requesting a variance so as to permit the construction of a new office building on Second St. The hearing was advertised in the Lawrence Eagle Tribune on September 29 and October 6, 1980 and all abuttors were notified by regular mail. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice--Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and Augustine Nickerson. The petitioner seeks a variance of the provisions of Section 7, Par. 7.2 of the Zoning By—Law to enable it to construct an office building on premises owned by it on Second St. The petitioner testified that it has owned the property for some time and that due to the shape of the land, a variance would be required for it to perform any major renovations. According to studies performed by the petitioner, the most economic use would be to demolish the existing structure, which is used as a garage, and to construct an office building. Upon a motion made by Mr. Frizelle and seconded by Mr. Sullivan, it was voted unanimously to grant the variance as requested, subject to the following conditions: 1. The existing structure must be removed. 2. The use of the new building is limited to office use as set forth in Sections 2.54 and 2.55 of the Zoning By—Law. 3. That the new building be a brick building and the design be colonial in accordance with the sketch submitted to the Board by the petitioner. Kelly R. Realty Trust Petition No. 25-180 Page 2 October 24, 1980 The Board finds that each of the provisions of Section 10.4 of the By—Law have been satisfied and that the size and shape of the parcel is of such that the variance is required and further, that to keep the present structure would be a financial hardship to the petitioner. Yours very truly, BOARD OF APPEALS Frank Serio, Jr., Chairman A17/jw i y►aa rJ�y0RT r O.• to Oa Tic° r + i a AFIM7T+ ' • f', 1835 �q; • }�}saCt1U5F'�44 }}V'rrY-9 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . . Oct ober. Petition No.. . . . . . .25-.-.'.8.0 . . . . . . . . ' Date of Hearing. . .Oct ober. .14, . 19$0 Petition of . . . . . . . . . Kelly,R.. Res,lty. Trust . _ _ . . . _ . _ Premises affected . . . 41. .Second. .St. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . .North. Andover g. By.—. Zoning. Law,. SAP 7, . Par agraph. 7...2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . so as to permit .the. c.onstructi.on .of.a. new.office. building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . GRANT. . . . the . . . . . . . . . . variance. . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . . .Kelly. R.. Realty. Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1. The existing structure must be removed. k 2. The use of the new building is limited to office use as set forth in Sections 2.54 and 2.55 of the Zoning By—Law. 3. That the new building be a brick building and the design be colonial in accordance with the sketch submitted to the Board by the petitioner. Signed . . . . . Frank.Seri.o,. .Jr.,. Chairman. . . . . . . . . . . . . . Alfred.E.. Frizelle.,. .Esq., .Viae—Chairman j i . . . . . Ri.chard..J.. .Trepanier.,. -Esq. ,. Clerk ' i . . . Wi.11iam. J.. Sullivan. . . . . . . . . . . . . . Augustine Nickerson Board of Appeals BUILDING INSPECTOR f tORTH q ° t, •D do TOWN OF NOR'I'Ii ANDOVER, MASSACHUSETTS BUILDING DEPARTMENT + + w 9q 'l DHTiD P\'� 9SSACHUSEt October 14, 1980 Board of Appeals Town Office Building North Andover, Ma. Re: Kelly R. Realty Trust Petition Gentlemen: Kelly R. Realty Trust was refused a building permit for a proposed office building because the lot in question does not have the necessary frontage and the building did not meet the yard setback requirements of the Zoning By—Law. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS CHF:ad MUM HIH TOWN OF NORTH ANDOVER MASSACHUSETTS yORTh OF tao 'Ly e F m 9q qiD•fy,�iJ 9SSACHUSEt October 8, 1980 Mr. Frank Serio, Jr., Chairman Board of Appeals Town Office Building North Andover, Mass. 01845 Re: Petition #25-180 — Kelly R. Realty Trust — Construction of new office building Dear Mr. Serio: At its October 6, 1980 meeting, the Planning Board discussed the above captioned petition. The Board has no recommendation at this time, except to adhere to the Rules and Regulations of the town. Very truly yours, PLANNING BOARD a . � Paul A. Hedstrom, Esq., Vice—Chairman jw