The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - 457 Andover Street (2) d s 4 c ra a O C� !� _ �' ap�3� oot Town of North Andover °f O°T#t Office of the Zoning Board of Appeals 0? •a' °p Community Development and Services Division 27 Charles Street ' North Andover,Massachusetts 01845 CHU D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 471 Andover Street NAME: A&C Realty Trust HEARING(S): 5/15&8/12/03 ADDRESS: 471 Andover Street PETITION: 2003-001 North Andover,MA 01845 TYPING DATE: August 18,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12,2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of A& C Realty Trust, 471 Andover Street,North Andover requesting a Variance from Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks. The said premises affected are properties with frontage on the West side of Andover Street within the B4 zoning district. The following members were present: William J. Sullivan,Walter F..Soule,John M.Pallone,Ellen P. McIntyre, and Joseph D.LaGrasse. Upon a motion made by John M.Pallone and 2nd by Joseph D.LaGrasse,the Board voted to GRANT the applicant's request to WITHDRAW THE PETITION WITHOUT PREJUDICE. Voting in favor: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. William J. Sullivan abstained. The request to withdraw the Variance from Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks without prejudice did not allow relief for parking and/or relief for driveway width. No setback requirements were addressed 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, William J. S llivan,Chairman v.� Decision 2003-001 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 9718-688-9535 f Town of North Andover ,►ORT{, Of ,neo 61N Office of the Zoning Board of Appeals �? Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 usEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 C7 ,l 9 —1 Q Cl:; C7 i 7 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 Wednesday the 16th of April,2003 at 7:30 PM to all parties interested in the appeal of A&C Realty Trust,471 Andover Street,North Andover requesting a Variance from Section 8, Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks. The said premises affected are properties with frontage on the West side of Andover Street within the B4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover,MA, Monday through Thursday from the hours of 9:00 AM to 2.00 PM. By order of the Board of Appeals William J.Sullivan,Chairman Published in the Eagle Tribune on March 31 &April 7,2003. Legalnotice 2003-001. "�ooD°S2mn DuZ:!411 rn �Dcw(p u �2W, onvKK ,,Qmmsm.-ivc0mo0DoDm% vF_•s Z�.I0OmA ZSZDr rM ecoo,mw noo0 =0�m0 —WoSt m om -w.mvoDOr To.0 m- ypm- � j� wNoanQ mmo w.Os ° wn � 3d.0m�Daw SrZ 'CD GOo� Di °o O =moo �314 0 v (n-w mg yo ) a 0tnDmw K DCD 2) n Za8. 0y) Dao.<0Kmoo-co>m M. (n ( Wov 4 <A2.O• <ra A 3 o � gy ° � Cil) wmmu)CD , mm 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 f NORT►, Office of the Zoning Board of Appeals 0p Community Development and Services Division 41 s"off `tea'M 27 Charles Street North Andover,Massachusetts 01845 'SSACHUSE` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover,Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover,MA on Wednesday the 16`h of April,2003 at 7:30 PM to all parties interested in the appeal of A&C Realty Trust,471 Andover Street,North Andover requesting a Variance from Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks. The said premises affected are properties with frontage on the West side of Andover Street within the B-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 William J. Sullivan,Chairman Published in the Eagle Tribune on March 31 &April 7,2003. Legalnotice 2003-001. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 J Town of North ndoverVtORTI1 O'Aice of the Zoning Board of Appeals °I 'ty Development and Services Division 27 Charles Street �` '.�-. • 2= 3 North Andover, Massachusetts 01845 ��ss.;CHU t� D. Robert Nicetta Telephone (978)688-9542 Building Commissioner Fax (978)688-9542 Any appeal shall'be filed Notice of Decision Year 2002 zBA 117 - 02& Date rloRrrr -043 oma',. m TOWN OF NORTH ANDOVER 4 * n � 3° RECEIPT ,sS'gCHUs�� o[ This certifies that.. ty. ......... ,� has paid.1�"... �. Q .�?1��.. ....... , . ..�. . .3. o................................ ., y t I for ..vl?: ' �- Received by.....,;! ... g nd ?-003-001o?-003-001O0� ng Department...... .,... ..� per ..................................................................... 1 Site WHITE: ApplicantInc., CANARY:Department PINK:Treasurer r _ vv 3 - 0 01 'a'003 _01 ;thereby not fulfilli \ y. aer to furnish all A+ ;following conditions: F e mylar, and that the �' �` NTQ Sullivan, Scott A.Ka I (J, , seph b. Soule recused him The Board fi lection 6,Paragraph 6.6D(2)of the zoning bylam igruous with the district in which it is to be located; ind Section 10,paragraph 10.4 of the Zoning Byla," ...not adversely affect the neighborhood or derogate from the inten c onmg Bylaw. QF sk,0137'H AM1 .Page 1 of 2 OCT 2 9 2002 k BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t- \ Town of North Andover ofa Office of the Zoning Board of Appeals o? •:°r- `.i` ° Community Development and Services Division 27 Charles Street '+. North Andover,Massachusetts 01845 ,fuse 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, William J.S Ilivan,Chairman Decision 2002-043. Page 2 of 2 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 .Planning 688-9535 -A.- e- kr 4-L 7 y '! Alt - cj Jityo�1 Mu ST 6 AD i r�r✓�r L T- VA R (� O l� ��'S ��'�1 � �'r < ��G' •✓ ' est � � 1,^�'��A L 1�A�'�: -'-v � Iii"�' ��►� f%� /D 3 ��5 �' ��6t � _ ,; S�! :� ;0�54 L T-1 4-,q i dTcE wC MAY 2 9 2003 BOARD OF APPEALS Sep-11-03 09:40 MANN & MANN,PC 978 762 6434 P.01 MANN & MANN, P.C. COUNSELLORS A'r Law €f D Sr.etlt rds.sre Sty=_;S_nift 2-IM,Middleton,Masnchu%em 01949 Tel: 978-762-6238 Fax: 978-762-6434 jM M Arem~lana Kuri P.Mona AJwltted Maaachn-ed,and New V ark FAX COVER SHEET FROM: Jill IMann DATE: Septewiber 11. 2003 RE: 471 Andover St and 477 Andover St NUMBER OF PAGES: 3 ZBA Decision (including cover page) RECEIVING PARTY NAME RECEIVING PARTY RECEIVING PARTY TELEPHONE NIJMBER FAX NUMBER Members ZBA,N Andover 978 688 9500 978 688 9542 Heidi Griffin .�/� 978 688 9531 978 699 9542 William Barrett 978 682 2320 978 682 2397 MESSAGE: With reference to the above,my fetter follows. Thank you. CONT DEN'TI ALITY NOTICE. This message is intendw vitly I•or lite use-of tlic individual or entity to which it is addressed and may contain information that is privileged and confidential. if the reader of this message is not the intended recipient oran employer or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dime n nation,distribution,or Copying of this COM Munica irm is strictly prohibited. If yo; have received this communication in error,please notify us immediately by telephone and room the origitmi message to us by mail. We will undertake to reimburse you for costs incurred. Thank you. Town of North Andover, Zoning Board of Appeals Parties of Interest%Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town,the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property,list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS .,- 24 DDRESS ,-24 .31 A$C Realty Trust 471 Andover St. , No. Andover. s..,.,,ti us tts ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 24 28 No. Andover;.Office Park 451 Andover::-St. #335 25 13, 21, 67 Merrimack College Turnpike Street 24 3JQ Ansel Realty Trust 477 Andover Street 24 29 Robert O'Neill 3 Radcliffe Dr. , Andover, MA MA 2 49 Patricia J. McNulty m ree , over, TMS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND_ CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE OF Cw ifie Board f o North Andover HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Aug 13 2003 3:03pm Last Transaction Date Time Type Identification Duration Pages Result Aug 13 3:02pm Fax Sent 819787626434 1:13 3 OK ZBA 1 1 7 Date 1. ..c_...2?3.,. >. t.% of p►ORTIy,� 3�•' �'' °�� TOWN OF NORTH ANDOVER RECEIPT y ,S•S'OCHUS�t This certifies that..419J.t.wx....i:?Vk.� L,LP.......... has paid. ... I.. .......f--A......0..):.,7 0.....v....................... r4 for....+ ..!1. t.. .r..............#...�... .�........ .+... .l...... d ?.e/ 4 4 /� 2003-o� Received by...... � .�'` 1'�.......................... . �7....r.. Department.....� 3.i ..................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer 06)3 - 0 01 -i- 2-003 -0 1a- onn 1 3 017 Q� ` �b - �, '� �JEJ -7 c 17 ti oner i 047 ,DING 688 TO DATES TIME ` �M j l PM F1 FROM PHONE 7 I& � � r- OF 4" CELL( 0 FAX N E a 7' e - -- T- E-MAILA DRESS SIGNED PHONED❑ BACK CALL RNED SEE YO AGAIN ALL WAS I ENT i S �b J 60 WNA� a yS`5 33) 7° P of I cfio { App. 169-03 I Sep-11-03 09:40 MANN & MANN,PC 978 762 6434 P.O2 MANIN & MANN, P.C. COVINSWI.I.nRC AT LAW 161 South Main Simi.Midtlielan,Ntaasadauaetts 01949 Tel:979-762-6238 Fax:978.762-6434 E-tuail:jrnn mttiy(4,aul.aom J11.1.N AIS I(OPA.MANN KURT r MANN Admiaed M TSKODe in Mutncaluexs WA New`Valk September 11, 7-003 BY FACSIMILE 478 688 9542 Town of North Andover Zoning Board of Appeals Attention: Members of the Board 27 Charles Street North Andover, Massachusetts 01845 RL: 471 Andover Street- A&C fealty Frust, petitioner 477 Andover Street-Ansel Realty Trust, Petitioner Dear Board Members: With reference to the public hearing and decisions for 471 and 477 Andover Street,the written decisions that were issued by the Board do not properly reflect all of the relief granted at the hearing. During the August 12 hearing, the Board discussed in detail the appropriate form of relief for 471 Andover Street to permit A&C Realty Trust to demolish the garage, widen the existing driveway and increase the parking area to create additional parking spaces,and for 477 Andover Street to permit Ansel Realty Trust to construct an additional 170 square foot exam room and to add 105 square feet of office space to the second floor,to demolish the gal-age, and increase the parking area to create additional parking spaces. A&C and Ansel originally applied for variances to expand the parking areas and driveway. However, at the hearing, I explained to the Board that the buildings,driveway and parking areas, and lots were protected as nonconforming structures and lots under Section 6, Chapter 40A of MGLA. Due to their status as nonconforming, the proper mechanism for allowing changes, alterations, or additions is a special permit. Given that a special permit is a less restrictive form of relief than variance,and that the purposes of the requests were advertised and the abutters duly notified, it was appropriate for the Board to consider and grant the special permits. Therefore, I asked the Board to consider granting the Petitioners special permits instead of the requested vafiances. Atter extensive discussion, the Board melnbPrs agreed to penriq the withdrawal of the variance request and to grant my request to consider the application as a request for a special permit. Sep-11-03 09=34 MANN & MANN,PC 978 762 6434 P.03 7RA September 11,"0 Page 2 1 have obtained a copy of the hand written minutes from the August 12 meeting and page four contains the Board's motion and vote granting relief in the form of special permits. Specifically, the Board voted tour in favor and one abstaining to grant a special permit to widen the driveway and increase the parking area to create additional parking spaces at 471 Andover Street and to construct the additions and increase the parking area to create additional parking spaces at 477 Andover Street. Despite the Board having granted the special permits, the decisions filed with the Town Clerk do not reflect the granting of the special permits. I have spoken with Mitch, who has been very helpful throughout this process, about this omission and have sent her modified language to incorporate and file with the Town Clerk. She has discussed this matter with the Chair, William Sullivan. I spoke with him briefly and have offered to meet to discuss the matter, if necessary, prior to the expiration of the appeal period, which ends on September 16, 2003. Given that Mr. Sullivan did not attend all of the public hearings, and,therefore abstained from voting on this matter, 1 have asked Mitch to contact the Vice-Chair, Walter F_ Soule to participate in any discussions. 1 respectfully request that the Board issue a revised decision incorporating all of the above-mentioned approvals granted during the hearing. if 1 can be of any assistance in resolving this matter, please call me. Very truly yours, MANN&MANN, P.C. Jill Elmstrom Mann Pc Heidi Griffin(by facsimile) William Barrett(by facsimile) Town of North Andover f NORTH Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 SSwCMus�t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION T0: �i ► 11 ��iM5Ir0�M ;�v1�vL� 1 FAX NUMBER: 1 7 Z7 6,1— 6y3 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: _ 13 SUBJECT: tt ingye( 5fre�l REMARKS: 3oard of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 �.- D North Andover Public Schools Administration Offices PM 43 High Street 27 AUG U.S. P STer .` North Andover,MA 01845 2003 - Mh� t. ";'a:iT �. U 7 J1� V t1U17 GU GUVJ 0 1 4 2 MAILED FROM ZIP CODE 0 1 8 4 5 &Y CO ICa •��r' D AUG 2 8 2003 0&e-e BOARD OF APPEALS Aug-13-03 09:30 MANN & MANN,PC 978 762 6434 P. 01 MANN& MANN,P.('. COUNNYLIR)nS xr LAW 161 South Main Street,Suite 2418,Middleton,Massachusetts 01949 Tel: 978-762-6238 Fax: 9711-762-b434 FAX COWER SHEET TO: Secretary of Zoning Board: Town of North Andover FAX NO: 978-688-9542 FROM: Lauryn DATE: August 13, 2003 RE: Deed & Lease N U M BER OF PAGES Cmdudeng coverp ge) s MF.SSAGP,: Attached are the Deed and the Lease as i promised. Thank you, Mann& Mann CONFIDENTI ALITY NOTICE: This message is intended only for the use of the individual or entity to which it is addressed and nary contain information that is privileged and confidential. if the reader of this message is not the intended recipient or an employer or agau responsible for delivering the mmaagc to the inicndcd rccipicnt,you arc hereby notified that any dissemination-distribution,or copying of this communication is strictly pwhibilod. Iryou lwve revived this co1nmunigi1ion in error,please notify us immediately by telephone and return the original message to us by mail. We wcosts u ill undertake to reimburse you for tcumred. Thank you. ll� AUG 3 NO3AUG , 3 NO3 1 BOARD OF APPEALS .OARQ OF APPEALS Aug-13-03 09:31 MANN & MANN,PC 978 762 6434 P_02 iil1�1N TULLY - iEL Not. 4700619 Jun 20 BIB 15'2+ 0...04` ' i QULICLAIH OBk�l) I; 1. Robert B. Webetar. Trvatee of Regency lioal.ty Trust, under Declaration of 7,At '1 Trust datod Beptesber 9. 1982 and roCordsd With Besox Worth District Regiettq f i of Weds at Book 1604, page 122 i ,'E: . �z of Horth Andover. Essex County, Masg8cbusett9, n [till consideration of Ons Hundred Sightq i:ive for oanaiderntion ¢gid, and i Thousand ($185,000.00) 0oliara grants to Frank /f Fernalld, Trustee or F L W 8ealty Trust tmder beeldtatioe. ,* of Trust dated July 6. 1981 avid recordiod with said DcodR at Book 15161 gaga . '•• .,:•;; 745 of 471 AndoverStract, Notth Andover, to with QUITC/!.AIM COVKHANTS ►/ / Itg j �u� u�r ri�eN A7 ;:i '.� ' s said.Nnrth Andover. bounded and described as followat i14�:.i:.• Re'Rinnt„g at a point on Andover p8treet, one hundred f i f ty (150) feet t•i�:�: i}'' ` north from the n0rt1, line of the ;laiden Ltrt, ao-cattt(d. an said Andover pl.( .j • ; ' Street. running Northerly toward the land of C. J. Mahoney. seventy-five il•:;,•.A_ ;. (75) teeda}:j, thence turning at or nasi a right angie and running in 9 ettaight 1100 .' ��y�l•,• westerly one hundred seventeen (117) feet by land now or formerly of John�, :a5i 1'. S. Mahoney. I i';f; ! dx v., thence turning at or neer a right angle end running southerly seventy '. +;�:fro ;.; five (15) feet to 0 point one hundred seventeen (117) feet distant from .. �E; ;E the west 'lino of said Andover Stteati ! j: thence canterty by 100.1 naw or formerly of Albort Ea Hatchnaket et !Ai •i!., i. i nae hundred seventeen (ll1) feet to the l,ont begun at. Being the same pi emlaes convoyed to Robert 8.,Webster, Trustee of Regency Rehitr.i;+ -Trust by deed of Victor L. Bates doted Auguat'Z4. 1982 and recorded with said All L ' hoods at nook 1604, rago 128. :: :4• :1? + Thin conveyance ie made subject to and With the benefit bf all. trattictton8� is sneementa, co�itinna and a$yrnexents of record. insefgr as the same are nov In teres and epplicobie. 11*le condeyance is conveyed together with the benefit. or. and subject to the existence or common driveway eaeemente more patticul8tiV_;-,`;.ri:.4 �, describo3 In o deed dated Kit 9. 1984 and recorded with said Deeds et Pit u Page 25. I is : Thei+e premisas are conveyed subject to d Cei' sin siottgage in the amount of wd.;0,0, P9 V ranted to Ba Bank Merrimack Valley. N.A. do ed August 20, 1965 and retiaided pilot!'.t� ,.',' g y ,. �,t hereto; by acceptance and recording of thin ted, grantee hereby assumeg griChtoiiaji,{:•.q obligations under said mortgage and the note isecured thereby, and agrees to make:'{ ;" icy a all paymentsr and observe all agreasenta and c,vansnts'contained therein..." boett>.antarY , sLamps in the smot.nt of $79.80 have 60111111 affixed hereto, computed on 1,11" e01tq,,jft; oamount of S35,000.00 Doing the difference be4veen the gross enraaideration of jl!;•• . �a rent-cepa asawr lion o[ the above described obtatandinRi! ��:![ $185.000.00 Plod the g p mortgage to Bay Bank Merrimack Valley. H.A. in the amount of 050,000.00i•j.tjt'' I :F 4= MITNFSF my hand and semi this 20th daq�of Augflat r 1985 ::41! ` ; .� '—�-'4� /.L..t j -r''1 t•G��' .k��ii�i�j � Il!t�Cf; .� Rabbort R. Webster, Trustee of .. la! Regency Realty,Ttutlt'>rd.pEltree idR, •!'-^: ��=-�+".�a4__ -'=ti .rr1-+..,''' saell'y7p� } ACRO EtTg "i :}(1'�t i•= �'!_`•;: }. THE C0181oNW8A1,'i7t.01 !1468 5 i 'i�{j � '• Auguati��' fDAS';; : on. !... Plan parsonnl'ty appeared the above named Robert k. Webster, 'trustee :1 aforesaid and ackno..ladgad the fo*agoing.insttument to be his free act 8n`d�ii ,)•.',,.i::.-1 t: deed, before tan. IKIZ }i}<�!iF•� I ;•i.• j(�I �. i - My.Commission:Exp;rag: 7�ialli f ' AUG 1 3 2003 BOARD OF APPEALS Aug-13-03 09:31 MANN & MANN,PC — 978 762 6434 P-03 fUILY - - TEL No. 47OU618 Jun 20.88 15:27 P..05. ', •�' ASSIGHM94T OF-LEASE I, Robert R. Webster# Lessee under a certain Lesdb dated September 9, 1982 by and between Post Realty Corp, and Bixby+ i Co.' (as Lessor) and the undersigned (as Lessee), which said Least id the I subject of a certain notice of Lease dated, goptember 9, 1982 dilly a' recorded with Essex North Di6trict Itegiatry of heeds at book Ve i page 131 . and which said Lease deals with twelve parking Spaces located on the property of the Lessor's at 203 Turpike Sttbet and 451 Andover, North Andover, Massachueettsp ') DOES HEREBY ASSIGN all 6f the right, title and interest khleh the Undersigned Robert t. Webster, Trustee of Regency Realty Ttust has r itt and -to said Lease, and said Notic� of Lease. signed and sealed insttument this 20th day of AdgUSt+,i19d5. 11 i 96b ertB. rWeebs ear'—� 'I 'PrUstea of Regency ltdalty trbr3E ACtcNgWLBD(1@MBNt � COMMONWEALTH OF MASS. �. OSEx, sr. August Then person appeared the .above-nam6d Robert E. Webatetl krd9tee of Regency Realty Truqt and acknowledge the foregoing lnstrument. to be his free act and deed as trustee as apqeg id, be are me: o y Publ it Robert W/ Lavefe H comtn!lllon expired: 1/lb/tl7.•:�•' :'' 'f ' •.i. i`�� F"151.t. ?jj PTVA I 1 r in t It: . Aug-13-03 09:31 MANN & MANN,PC 978 762 6434 P.04 ,d tuLw 14700618 Jan 20.88 15:28 P.06 Il 1,E;AS6 �+'j'�r l'• •?: succeatld>rtl Ahd ��•�� ' reitsian shall lgclude hairsi which o><p lease to LsYst! assigns wherett,r context au admitat dues her Hj which expcoaeion shall jnelude suckt:so admit$, androi the •` : ': tOr10 and atieigns where the canter . '• •: , ' • • 1►eKoby leasee the following dhecrlbcd prumittet►= 1,41 12 perkit+q spaces located on the p:opdrty .f'��, '.. �r + of the tasxor at 203 'turnpike StreAt and 451 Aridovar Strecto North tSVee! ht• 1961 YeAr4 ,.t' •'� shall b0 for ninety- g r��:=t'• j�; The term of chia'laaee ' ' a • n te�aber 9, 1962 mdand ending on gwptrrbat Caen c•1 g on Sep , !�I it-1.2000. .' •: 11 a to the I,uusur annual rant !tt the [Ate of 'st'j 9. The Lessee shall pay . ,,. . �•� {': $700+00 In equal semi-fnnual instell"nti of 1100.011. I -rhe rent epeaifitd herein shall be adjusted tlttnubll on the Bret day of January of each year during kt�b lease tAktal according to any Increase in thePrice Index Ins that taro► is here A' • 5 t} ) �;�'. #ngftar. do[inedl It the price Index ae of January 1 pf khb dale °'' of this lease coma,eneod. It there thA11, pr..�year in which the tecta �.. ��t 'i'`E.R be many increase in the Price index, then the monthly rant rpetl�E le + ', ,� shgll be adjusted by multiplying the same by A UAC0alne Lhd tlt�tr 7 rr. slt � t: ,,r. tdr of which in the pkit:e index so of the applicable January 1 ,•1'x:1 •.;;.t. adjushaent date and the denontinatar'cf rthich is the price ihdelc reeedin the camidneement date. In n6 o tnt, as 'ot January l p g !til` ' ,,tt" however, shall such monthly tent ever be reduced on sct:ouht.of any 'rtt �i tI. receding lease year: } ? such adjustment below the itnaeditttelY P ll)•��'}'�1 4'^ 'ChQ term "Price inddx", as ukOd in thio '"00' . } • t-r' 1,+,� Price Index. ,4 *. `. 'f" tpaans the Consumer Pride 2ndex !or All urban t;oriSumer$ 101-11 t ,;• r y ;, ¢tumnacy t Us City Average, All 1teu�s tuned juotadl, 1461 + 100 f lr6 �• ;,: published by tl.e llureau of tabor, 8tatiat1c4, U.6. bep4rtiaent o a Labor, in 1971. it the Bureau of Labor Iltetistitsif shau14 Cease to publish such Index in its Present torid and Calculated on the pre>ten ' basis, the comparable Index or an Index reflecting chpig ,..r '. .':'�i datermined in a substantially similar a,e►nna> shall be dt2aiglltit y •i,- . ' ` Landlord ad the index to be Used in this lease, the heJeA ihc�tlt A of any day relevant to tits application of any section shell be khlt '`', <�� Pcice index published by the bureau at ifibbY. &tatiutic:3 at at such ilAtOt is computed for ouch dugs, or ,/thai,r,ac for the a.a it. t•`t' •�1t ' ! data „ediately prpcedinq the data as of +,thigh the applleatir)ll iv F` t, •r to be a,ade. Since it Price Index relevant to the Applinsllo'tt of a Section may not be evadable All of the dates on which a deter+aina- i!•' . flan of tile applicability is to be made, necessary adiustwepts between Lessor and Leasee shall be trade retroaetivelyo within a ,' reasonable time after required;computaLlons, can readibl be Aug-13-03 09:32 MANN & MANN,PC 978 762 6434 P.O5 ; 1y IULLY FEL_ No. 4700618 Jun 20.88 15:29 P.07 ri, '' '�"+ The t.essae shall payPthe Les4gr as additlunpl rant tl►rab• of any inar�sq�er, in rda� eskatertaxes levied ageinssk :lord of which the leariCd'}�remis� rae s parte over khose ;t ,' �incuKred or levied during,khb.,calsn4sr :gar ending 1982, and of an . non-,nonexpenses including but "'thre ' per Dant 1711 Y . �. ,e �. n.• A P is ht►��,," o t+lm ted tv rapsving sna•ireplscoment Of lighting tixtoredl &M ti' •'t•. 'anx•reulrement Imposed on Lessor by any governmental eukhorit . ;Th9s' increase shall be prorated should this ]seas terminate be#ore 1. the;end of any calendar year, The Lessee snail Make payment r d! ?tls� i� •. . 4j1thfn ten 1101 days or f written�hoticq , roar the 1.atls0lr that each `. �• � f i'• .1•:, ..:! ' inorbaeyed taxis,, are payable by the Lessor. pps>�ating expanses,, or "repayments to be made by..,the Lessee hereunder shall he peed es ,. iA..... •.� . r :•• ' t ..: �•s}�1•rt', !.'rept`vithin ken days trop•the rviceiQ�;ot, a etaternenk of such ahargIoc �bt...t!e Lessee. r ; �:, , '•fi �S;'�':�'he Lessee shall use khe�leaeec►�ptemlses only for the pyiose t( '�'"• fl� i of*parking for the tesnagte;,guests."4nd. invitees of the Prowlsea /} ...i� •.rf �,�{{ ( '`lpcatpd at 471 Andover dtyeet'gnt1, �77r•�1j►dover Streets North [ •} '•6:,t•The Lessee shall not pbrsiit•ahll-U ,ql: the leaded pstem"80 4 }`�k� �whieh.Nill make voidable any iniur,4non an the property of vhioh tlie'.leased premises are a part+ or.-on;thp contents of said ptoperk �s v. or,;lrhich shall be cantrAry to tali'or.. regillakign from tine to fleas ,tegtabliahed -by the New England Fire tnserance Rating Ashociataon# ti i!ihF.�J G •.y,rf•-,��; r or-.-any similar body succeeding to its'poaers. 'rht Le:aeee shall �••,,,r. •,.��,�, ;ion,demand reimburse the Lessor, and all other tenantsr all uxl.ra ;< 'al°I — ;insurance premiunid cauaek by the Lessee'4 use of the preegiseti. elf's , 1 l,•: - S�a` •,:�'�� '� ar ,.7,: a,•The Lessee shall not perKiit•:tfto leased premises to be over- , t ■'�ogdedr damaged, at�rippec�*. d011,00, nor suffer any waster The Lessee, his invitees# •tena»ts; and agents sh411 not disks , ;•. t. }l r7• Sir,, •aerations or. additions �0. the lashed premises. ;,►1 i��,Vi•� ,i : he Lessee shall not,asdign or dublek, except ko his ku¢oesaor F! -i»•'title. the whole or any part ol- the leased premises without ''•�'' �1..gal{I� 'Le}aaor+s prior written consent, which r.msent shall na,t b4 trnrtlaso - +1?',�,r")!„'�y J:; 'silly 'withheld or delayed. Notwikhataird.lny such conanut, I.uudt" �4haii remain liable to the Ledsolr for the pay%Ont of 611 rent and ;•��:� } tor. the full pertorraance of the covenants and conditions of the ; .l":i't��f.%�' Tease. � . • - �� ,..1•tl�:+ +'i:` 10. This lease shall be subject and subordinate to 4ny Lpd all _ ''Aa!rtgage, deeds of trust end other insttumenke in the hatUktl of a s `o•:•.f.'ti`.• - ,t •mdrtgage, now or at any time hereafter, a lien or liens on khe 4r: Qivperty of which the leased premises are apart, and the Lades % ''�%;l1 �•��. �sljifil, when requested, promptly execute and deliver such written p,erumenks as shall be nece!sleary to show the subordfhation of •this less® to said mrortgages# deeds of trust or other bush �enFs in the nature of a mortgage, •� �' ( 1 •;The Lessee shall save the Lessor harmless from all loss and j040 occasioned by any nuisance made or auttared on the beamed =•yf il }'�,•► T"..Ases and caused by' the Lessee, agents, invitees or his tenants 0'1 'I t.'-nIJhoul4 a subekanttal portion of the leased premlies or of the l ��. -p1i9pelity of which they, are a part, be substantially damaged by tirE Aug-13-03 09:32 MANN & MANN,PC 978 762 6434 P_06 .•8 TULLY IEL No. 4700618 Jun 20.88 15:30 R.08i iaw ' { 1 othericasualty► e OC ba taken by eminent drnaiain the I.t:afe+t (11,'}�: f►',�t .t A rking spaces shall be reduced in the same proportion as lhe�`Ii spaces . when such �3 1' p t 1rt�uction in the overall nwnper of puking p j: c�� yjrg, casualty, or taking tundort the lunged Oremlgefs uubstdhkisll ;j1 �;It'1:. ti.• . ro ortianake dbats• • r,,1:= ppsuitable for their intended use, a lust and p 1? } . t}7:,�� •� , �.i '�� :meat of rant shall be ana4e, and the Lessee ♦nay elect to tetraihtlta this lease 1t$ ►{; •��i. A. the Lessor tails to give written hotice within thirty 1701 daty ;► .a '��t1t', `6 1. intention to restore ieased premises, or { ,•`•S. ��t-�-1.—.1: ,t�. the Lessor fails to restore the leased promises to a cdndltlon .:a ' ;� '(►ubtttantiaily suitable for their intended use within hinaty M1+ : �';1 j , days of said Eire► ca■ubity or taking. he Lessor reserves, an4 the Lessee grants to the LOSMOr, 611 x t 1 � '}rights which the Lessee away have for damages or injury to thb , loosed premises for any taking by eminent domain, except for o damage to the lessee's fixtures. property or equipameht, ,;.;y 1•- 3, In the event thatt The Leasee shall default in the payment of any ingkallist it p! ! 144! ,,,,��„ �� rent or other sum herein specified and auoh default shell continueIl 1 ��• �j ;or: tan (101 days after written Actlae thpreofl or b.' '.Ths Lessee shall default in the observance or performance of any, other of the Lessee's oovenoAte, agreement*, or obl igetiono '•,zi. r•�•• =•'�; hereunder and such default ehall:not bb correvted Wltt►la.thixty : .,.. }.1.. , (b01.-days after written.notice tFaereaf 1 ,•.ail:•ie�'+: . .,f 1r�! ►1 � the»' the Leonot shall have tho rfght thereafteki whilq edch dt NUt r �ontlnues, to re-enter And take hotsjr>�eire possesgion'c!� kite debited,:' ,�'• �, premises, to declare the torte of this lease ended♦ and rthlove�the t•ili.;1• .1 Lessaeaa effect$, without prejudice to shy remedies whish lnlght :u{ :rs •. tie.;othervise used for arrears of rent or other defauit, ' YhO L41098 8141 indemnify the Lessor against all lost of kart bard ether ^� •' i,"(i'l`. p4ytrents which the Lessor away incur by reason of such totbihaitioo a t ! ►ti,4 Amring the residue of the term. � if the Leq#ee shall Oofaultr' Afle I; i 4. �x,'k reaaoneble notice thereof# in the observance or perlotmaihod of &by ';F 7,ii?n•�?. t 'dos4tione or covenants on the Lesneeas part -to be obOarved or ••;14,} ;,t;{(� performed under or by virtue of any of the provisioner 1h any article of this lease, the Lessor# without being bndest any oblige- t' tion* to do so and without thereby waiving such defatult, may regedy 1 �{` A�I, 6uob'.'default -tor the account and at the expens# of tho Lessee, if thei-l.essor make f Any expenditures or incurs any obligations ifor i��'{{,.•. ` tFte payment of money in donnectiah tharewith, ineluding Wi'hot 4•ptS?; '' tinstit i i f l limited to, reasonable attorneys s fees n nu gi prtlspcuting r( 4' 4• ,y ;. l;eAY,:y . tir-..defending any action or proceeding; sitch sunt$ paid Ott obliga- VA ' "' ti onv. incurred, with inttrtat at the rate of b x par cent ,f 611 pati annum and costs, shall' be psid to the Lessor by the Lesbos All ; I '! 4r"'A � .t 1:• kit - i. l � additional rent. ,:.r .yl>i:(•'....:'s �.� ti':j"�i,jj!' 11:xAny notice Froin the LeSs4r to the Leasee talating to,thik ADZ► y Y aped premiaea or the occupancy thereof, shall be Qaeaaltd duly ' 1At served, it; left at the leased premises addressed to the Loosed ori. iynail6d to the leased promises, registered or certified taailf , Aug-13-03 09:33 MANN & MANN,PC 978 762 6434 P.07 �JN 8 TUL.LY I EL Ho: I 4700618 ]Un 20.88 15 3 11 V.0 T, 11 c. '!!►�t�ch tecuipt requested, poetage'prepaij, Addressed Ru ttts `{,l; .4� r FITeAny notice from %h@ Lessee to the Lessor relakInq to the /i �a0d premises or to the opcupan0y thereof, 611"1 be deemed duly 1 it d, it mailed .to the Lessor by registered or vurLifiad !nein +return receipt requested, post4q®:prepaid, addressed to the1.es$ot '{,.'k�, ��; eik�iuoh 81rusa no the Uawror may tram rimy to tilde advittY ih �� '!►`•� f writW writing. All rwnt and noticed shall be paid and dank to the r: '�t�I � �f • Losfor at fioj l-•��•�' ' il S.J The Lessee shall At the explication or other terminbtion bi ' '�'•" . o !�•''•lease,• remove 011 Lessed•s good and effects train the fEased !' P.111 �',' l0 ,+ � '. �� ;#- . Kir• ptanrlser, and cases the removal of the goods and effects of• hi$ C, apjs, invitees and tenants. in the -event of the Leased t4 t4ilvr to Femovq any of said proparty from the premises, Lebsor 44 hereby � •�:• 1��.• t.' -1 - pthori:ed without liability for loss or damage thereto, and Gt t im '(J<< .sol"risk of Lessee, to remove and store any of the propetty At i.ersee's expense, or to retain same under Lessorta control br tv 0011 at public or private sale, Without notice, any or all of , the -property not so removed and to 111)5,1y rhe net Pro..!'.-OA!, :Ie ,such �`�;��►�{{ii s,� :1�11F to the payment of any sum due hereunder, or to de itruy ouch '! t�k''` j; property. � ; if The Lessor shall operate; equip., police, light, rgpaiir end �; maintain the entire parkingareas for the intended purpose in An r' un�form 1oanneir but in such manner and/or by ouch•designeea-se, :�` �•..�y4;� 06 Lessor-shall 1n ito;sole discretion, from time to t1mai'Aaket J �' jKitle and may, from time to time, change the site, locatiopt •feV4 ion, nature and the use of any parking area} and stAy•Make thdtplla `��`►;tf1 taps therein, and move and remove -thb •same+ lftiyi ' . The Lessee and Its concessionaires, officers, employapai.agen s� '0u4tomers and invitees shall hove the non-exclusive right in oommo j j �►ith the Lessor and all otherb to Whom the Lessor hole bt IW► hake- ! pt,'ter grant rights, to use the damiised pi%rkinq spaces Subj#0t to ` Ouch reasonable rules and regglations ae the Lebsor !day troM Ei0d lo,..tl.ma impose upon all users of,the parking areas. The Leases ��•. tai 11 '•qby�- � b �rees after notice thereof, to abide such rules and rejdlat�iotl 1 �I,q..t•. .tr.1Ly t ;i ndL to use its best efforts to aduse its concessionaires+ ofltblerp emplpyees, agents, customers and,invitees to conforas thatetc. • the ..;I f'4�Y! a 1, Z et-Ot may at any time close Any:or all of the parking area to IMpk 4;I'lJl�.!'Aj�'. repairs or changes, to prevent the acquisition of public t1ghtit In ` such area, or to discourage nos-persiitted pstkinyl and My da 4uoh 1 .l other acts in and to the parking areas as in its judgment may,be :t •.�.-WIT desirable. The Lessee shall upon request, furhish to thb Lessor. license numbers of the cars operated by'ths Lessee hnd lid 1 �� •i .�7 conceseionaire a. agents; officarh and employeed.. The Lessee Asti r•1f •:qt,4,•- ; no at any time interfere with the rights of the Leesot ail other M tenants, its and their concessionaires, officers, employeba, agent ....- ► Atomere and invitees, to use any part of the parking areae and • � � 1°q.1,0oewson areas. Aug-13-03 09:34 MANN & MANN,PC 978 762 6434 P-08 rIRM�B TULLY TEL Na. � 4700618 Jun 20.88 15:33 F".11. � •�; •1% MMM"',fFf. i " t • . i 18. Lessor agrees that it shall hot impede or ob6ttuot Lesseb's direct access from 471 and 477 Andover street to-the parking areae at 203 Turnpike $treat and 451 Andover gLrset► -' Lessors! and as Co-Partner of Bixby b Company (as his interest, if any, appears) ' 1 Aen3amiK"Z:-8egoo2l�Z� "v3du7itYy" and as Co-partner of Bixby i company (as his interest, if any, appears) i Poets Realty Corporation as its intexer,t, -if any, app*arsl Ef by GY gg n e R e1v I. eek Superior Court. Case Civil tion No. 113119 Natom et al V. Osgood et Al 't. Lessee! � .4�'-•'''fi``,,J��''``•� au Hied 4. 044 i9.t!} i t�:.rl+• . ii11� JUL-23-2003 11:11 HATEM and MAHONEY LLP 976 662 1712 P.01i01 LAW OFFICES 61G m am - 127 TURNPIKE STREET NORTH ANDOVER.MASSACHUSETTS 0184&s095 VICTOR L. HATEM PHONE:(978)88s•33se ALSO ADMITTED IN N.M. FAX: (978) 682-17 12 PETER 4. HATEM ALSO ADMITTED IN N.N., MAINE AND FLORIDA JOSEPH V. MAHONE7 OF COUNSEL. July 23,2003 Zoning Board of Appeals 27 Charles Street North Andover,Mass. 01845 ATTN: Mitch Re: 471 Andover Street,North Andover 477 Andover Street,North Andover Dear Mitch: Please enter the withdrawal of my appearance for the petitioners with respect to the two requests for variances,and the request for a special permit.William K.Barrett will handle the permitting process hereafter. c rY truly yon, Joseph V Mahoney pIC� 1OdL� JUL 2 3 20 03D TOTAL P.e1 BOARD OF APPEALS JUL-OB-2003 09:22 HRTEM and MAHONEY LLP 978 662 1712 P.01iO3 LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 018455095 VICTOR L.HATEM PHONE:(976) 665.3966 ALSO ADMITTED IN N.H. FAX:(979)662-1712 PETER L. HRTEM ALSO AOMITTED IN N.H., MAINE AND FLORIDA JOSEPH V. MAHONEY OF COUNSEL FAX COVER SHEET Date: July 8,2003 From: ( ) Victor L.Hatem (yj Joseph V. Mahoney Time: 9:17 AM ( )Peter L.Hatem ( )John E Mahoney Client Name: Ansel (X)Judy Clark ( ) Suzanne Champagne File Number: G9165 ( ) Bridget Distefano ( )Christine Warden Please Deliver the Following Pages To: NAME: North Andover Zoning Board of Appeals FAX NUMBER: 978-688-9542 We are sending 3 pages,including this cover sheet. If you do not receive all the pages, please call back immediately.Thank you. MESSAGES: THE INFORMATION CONTAINED IN THIS FAX MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE A13OVE RECIPIENTS. THE INFORMATION MAY BE AN ATTORNEY CLIENT COMMUNICATION AND AS SUCH PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR AND THAT ANY REVIEW. DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBrI'ED. IF YOU HAVE. RECEIVED THIS COMMl1NICATION IN ERROR PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US BY MAIL.WE WILL GUARANTEE POSTAGE. THANK YOU JUL 8 - 2003 BOARD OF APPEALS JUL-06-2003 09:23 HATEM and MAHONEY LLP 976 682 1712 P.03/03 �'•�M ��=''� Town of North Andover Office of the Zoning Board of Appeals Development and Services Division Community 27 Quarles Strome tts 018 North Andover,Maachuse ssteimbone(978)688-9541 D.Robert Nicetta Fax (978)6W9542 Silding ConimissiOner Date TO: Town ofNorth Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 the time constraints for the North please be advised that I have agreed to waive Andover Zoning Board of ApPeAs to make a decision regarding the g 'i1°g of a C6!Cii!g=-;-Pe)I n it Comprehensive Pertnit(40B) Finding for property located,at: STREET: TOWN: ��U TO'NETrNG DATE(S): NAMEOF pETITIONER: � �� Signed. petitio (or petitioner's represenVe) wavtxt $trtrd od AWAI 975-5CY 9641 686-9545 Cotee►wlio^978-Ut9330 11061W 9 A89-9540 Pl�mtint 97s�'88'9335 -- D TOTAL P.03 JUL a - 2003 BOAR®OF APPEALS Agreement made this 10th day of December, 2002,between David E. Ansel, Trustee, Ansel Realty Trust,North Andover, Massachusetts, the owner of a certain parcel of land situated in North Andover, Essex County, Massachusetts, as described in a deed recorded at the North Essex Registry of Deeds in Book 2969, Page 224 ("Ansel"), and James Holbrook, Trustee of the A&C Realty Trust, owner of a certain other parcel of land adjoining land situated in North Andover, Essex County, Massachusetts, as described in a deed recorded with the Registry in Book 3013, Page 197 ("A&C"), WHEREAS the parties wish to provide additional parking for their clients and patients, so that there is a total of 19 spaces, for themselves and their heirs and assigns. Now, therefore, it is agreed as follows: 1. The three-stall garage astride property line of the two parcels shall be demolished and the 99-year lease of same benefiting Ansel shall be extinguished. 2. The current driveway on A&C shall be expanded, as shown on"Plan of Land in North Andover,Massachusetts, prepared for Ansel Realty Trust, 1"=20', 6/6/2002, Scott L. Giles RPLS, and Frank S. Giles RPLS, 50 Deer Meadow,North Andover, Massachusetts," so that the abutting driveways on both lots shall provide a 20-foot- wide access to the rear of the properties. 3. Current parking shall be reconfigured so as to add additional spaces equally on both properties with ten spaces on Ansel land, eight spaces on A&C land, and one space located equally on both parcels, all as shown on said plan. 4. A&C shall reserve three spaces on A&C land for employee use, and three spaces on Ansel land shall be reserved for Ansel employees. 5. All other spaces shall be unreserved and available to clients and patients, first come, first served. 6. The twelve parking spaces on the abutting property at 203 Turnpike Street and 451 Andover Street,North Andover,Massachusetts,benefiting both properties by assignment of lease, shall be available to clients and patients, first come, first served. 7. The dumpsters on both properties shall be replaced by a single dumpster, to be located at 8. Ansel shall pay all cost of demolition, construction and paving. The cost of maintaining the dumpster shall be shared by the parties by agreement in writing. 9. Cost of repairs and repaving all hot top shall be borne by Ansel, except for any repairs resulting from the negligence of A&C, its employees, or clients. 10. Both parties hereto grant to each other, their heirs, successors, assigns, invitees, as appurtenant to the respective lands of both parties, the perpetual right and easement to pass and repass,by vehicle or by foot, the driveways on both lots, and to the use of all parking spaces within except those reserved for the exclusive use of each party. This agreement is subject to Ansel obtaining all state, local and municipal permits and approvals for demolition and construction for the improvements contemplated herein, failing which in whole or in part the parties shall have the option to continue negotiations with respect to an agreement. JUN 1 0 2003 D 1 BOARD OF APPEALS Ansel agrees to forthwith make application for permits and approvals and to take all steps to expedite the same. Witness the execution hereof under seal as of the day and year first above written. Ansel A&C Realty-Trust y: Jame brook COMMONWEALTH OF MASSACHUSETTS Essex, ss. 3�01' Then personally appeared the above-named David A. Ansel, trustee as aforesaid, and acknowledged the foregoing instrument to be his free act and deed before me, Notary Pu lic My Commission Expires: % �l COMMONWEALTH OF MASSACHUSETTS Essex, ss. Then personally appeared the above-named James Holbrook, trustee as aforesaid, and acknowledged the foregoing instrument to be his free act and deed be or me, of Pub Comm' sio Expires: HAG9000\9100\G9165\Agreement.doc £0'd 1d101 $0 0 ti 'town of North Andover o Office of the Zoning Board of Appeals Community Develop .lent and Services Division 41 27 Charles SLTeet s�c,nis� North Andover,Mascsnchusetts 01895 Telephone(97$)688-9%1 p,Robert Nicetta Fax (978)688.9 542 Building COfflff isylOner Date o 3 TO. Town ofNorth Andover Zoriiog Board of Appy77 ; es Stmt North And MA 01845 C= :FTJ constraints for the NorthCD Please be advised that f have agreed to waive time o f a -=� to snake decision regarding the granting Board of Appy `'� Andover Zoning - Post-it'Fax Ncn ro Note J 7671 Date t rr., Permit Co./De t. e V ^�r G e From _ a �`3 Pag°es� OornprebetnsiVe Yenntt(40B) Phone# Co. Findtag Fax# Phone# Fax# for proPeM located at: STREET TOWN: �2(/ �7 To tarrwG DATE(S): TITIONER: ��L NAME OF PE � Signed' or etitioner's repress. dve) Petitio r( p WAIS97&b88.93� plaruneS9't8.698,9535 DaardafA,,,t,971-693.9541 Bui14ing978.6$8.9545 �ryutron9786U8.9SK1 H.d1A sAisGt'� �iLI 229 9L6 del A3NOHd14 Pup W31UH 8b:80 £00Z-0I-Nnr µORTFM 'Town of North Andover of +� Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street •,,,;,o::�' North Andover, Massachusetts 01845 SSS^c►+us� D. Robert Nicetta. . Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date S S TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a r..y c-cr Vahan - Special Permit; Comprehensive Permit (40B), .,Finding for property located at: ' c STREET: 7 -7 In 1 (1►�e d' J �� TOWN: Pin✓ f h Jl,?d e TO MEETING DATE(S): +h e DD�3 - � L NAME OF PETITIONER: 7 Signed: Petitioner (o etitioner's representative) IWAIVER M AYl#?01 is 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 v u" WARD) or APPEALS Jun 09 03 11 :44a NORTH ANDOVER 9786889542 P. 1 Town of North Andover Office of the Zoning Board of Appeals .a mun Comity Development and Services Division 27 Charles Street Ftp 4 North Andover,Massachusetts 02845 Telephone(979)688-9541 D.Robert Nice= Paz(978)688-9542 Building Commissioner I f, � FAX TRANSMISSioN TO: FAX NUMBER: FROM: Town or North Andover Zoning Board of Appeals 27 Charles Street North Andover.MasSBohusetts O1845 FAX: 978.OW9542 PHONE. 918698-9541 NUMBER OF PAGES: _ DATE: - to) 3 46 SUBJECT: REMARKS: fturd oC Appeuls 689.9541 Auildine 688-9545 Cwservat►on 698.9330 H..Uh 688-9540 PIwAns 688.9535 2O/10'd ETLT 289 BL6 81-1 ANOHUW PuP W31UH ev:8O 2002-0S-Nnr Town of North Andovero�r Office of the Zoning Board of Appeals _r- ``• �� Community Development and Services Division 27 Charles Street �R4TE0 North Andover,Massachusetts 01845 4SSaCHUS�� D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 FAX TRANSMISSION TO: FAX NUMBER: 7'6>--6 S — 7 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: 6 - 9- 03 SUBJECT: vt/A►�� ► NIP- REMARKS: IP-REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Jun 09 2003 11:45am Last Transaction Date Time Twe Identification Duration Pages Result Jun 9 11:44am Fax Sent 89786821712 0:44 2 OK May 15, 2003 Zoning Board of Appeals Town of North Andover North Andover, MA 01845 Re: Children's Medical Office, 477 Andover Street,North Andover Dear members of the Zoning Board of Appeals: I am writing this letter to indicate my strong support for the granting of necessary permits and/or variances for the above referenced project. The Children's Medical Office provides an essential service to the children throughout our community of North Andover. I am extremely familiar with this pediatric practice, its first class operation and the modest proposed plans to accommodate the necessary physical changes to the property. I am in complete support of the petitioner's request. SinceI ely, n usa E. Marsh 93 Johnson Street North Andover, MA 01845 (978) 682-2089 MAYD1 3 2003 BOARD OF APPEALS ��"I neo Ov� 155 � 514 � oA-5 /�l� b , oil l / l -�j ��2�' Vi � �,,,r � ✓1 u� }��5 s �"'1� �'�Pc1 7- 2 6pj !�2 ��eY2 — ✓vlG� /02 5 Page 1 of 1 Nicetta, Robert From: Bob Nicetta[micetta@townofnorthandover.com] on behalf of Nicetta, Robert Sent: Wednesday, May 21,2003 3:51 PM To: 'Joseph V. Mahoney' Cc: D'Agata, Donna Mae; Griffin, Heidi Subject: RE: 471 Andover Street Tracking: Recipient Read 'Joseph V.Mahoney D'Agata,Donna Mae Read:5/21/03 2:53 PM Griffin,Heidi Read:5/21/03 2:59 PM. Joe: I made a request at the meeting if the structure was, at this time, handicap accessible. I did not say it had to be and in fact said I.would check with the local Disability Commission for their input. This I will still do. However, the"big"question I asked the board was how the handicap van space would be accessed as the parking spaces shown were perpendicular to the rear of the H.C. vehicle. Also, while on the subject of the H.C. van space(s)-the hatched unloading zone must be the same length as the parking space and your site plan shows it shorter. Bob ----Original Message----- From:Joseph V. Mahoney[mailto:jmahoney@hatemandmahoneyllp.com] Sent:Tuesday, May 20, 2003 10:21 AM To: micetta@townofnorthandover.com Subject: 471 Andover Street Bob: At last weeks ZBA meeting you expressed some concern about the necessity for ramp access there for handicapped or disabled people. I looked into it. The Architectural Review Board has jurisdiction, as I'm sure you know, and the governing regulation is 521 CMR 3. It told me that the work at 471 Andover Street--reconfigring and adding parking spaces-does not trigger the necessity for such a ramp. Not trusting myselt, I call Thomas Hopkins, the director-617 727 0660. On the basis of information I supplied(e.g.,no changes to the building entrances or tearing down of porches, or costs for any such work exceeding$100,000)he said the property would be exempt. Can I have your comment? Joe 5/27/03 HP Fax K 1220xi Log for NORTH ANDOVER 9786889542 May 27 2003 12:42pm Last Transaction Date Time Twe Identification Duration Pages Result May 27 12:41pm Fax Sent 89786821712 0:50 2 OK Town of North Andover F µORT/{ Office of the Zoning Board of Appeals F p Community Development and Services Division 27 Charles Street �1p�RATEO North Andover,Massachusetts 01845 4SSac►+usEsc D. Robert Nicetta Telephone(978)688-9541 978 Building Commissioner Fax( ) 688-9542 FAX TRANSMISSION TO: Q D Se ,o ut V, M I O � FAX NUMBER: "1 7 g L!2 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: _2 DATE: SUBJECT: �' 1, 22a5 7 7 7 vl/�D✓e►� S ��,,�ice, �.- �►�, ; � REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 ,! v� �� e� ✓o �� Go� �i , w 0 I / Town of North Andover 00RTy Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 ��SsacHusE��y D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles StreetCD North Andover MA 01845 ,— > �i-ncr^ Please be advised that I have agreed to waive the time constraints for the NM-th T--' Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit; Comprehensive Permit (40B) Finding for property located at: STREET: t7' &J ave( , f reki TOWN: ILA Andovei; ,, m14 MEETING DATE(S): t-0 NAME OF PETITIONER: G Aed+t- Tv,,,4�1 Signed: Petiti n>✓r (or ro"er' represe tate e) WAIVER Board of Ap. s 978-688-9541 .Building 978-688-9545 Conservation 978-688-9530 .Health 978-688-9540 Planning 978-688-9535 APR 1 6 2003 BOARD OF APPEALS Town of North Andover Kap=` ,a Office of the Zoning Board of Appeals a� Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 �4SSaCHU D. Robert Nicetta Telephone(978)688-9541 978 Building Commissioner Fax( )688-9542 FAX TRANSMISSION TO: V, Yowee. FAX NUMBER: /7g 1- 17/ �- FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: _ DATE: V 03 / SUBJECT: rQG W Sri REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Apr 10 2003 12:06pm Last Transaction Date Time Type Identification Duration Pages Result Apr 10 12:.04pm. Fax,Sent 89786821712 1:21 4 OK 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 Wednesday the 16d`of April,2003 at 7:30 PM to all parties interested in the appeal of A&C Realty Trust,471 Andover Street,North Andover requesting a Variance from Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks. The said premises affected are properties with frontage on the West side of Andover Street within the B-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 William I Sullivan,Chairman Published in the Eagle Tribune on March 31 &April 7,2003. Legalnotice 2003-001. LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 01845-5095 www.hatemandmahoneyllp.com VICTOR L. HATEM PHONE: (978) 685.3368 ALSO ADMITTED IN N.H. FAX: (978) 682-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN N.H., MAINE AND FLORIDA JOHN E. MAHONEY March 10, 2003 ALSO ADMITTED IN N.H. North Andover Board of Appeals 55 Charles Street North Andover, Mass. 01845 Re: Petition for Variance 471 Andover Street Dear Sir/Madam: Enclosed please find eleven(11) copies of each of the following: 1. Petition for Variance 2. Application denial 3. List of Abutters 4. Joint Statement of Owners of 471 and 477 Andover Street 5. Memorandum 6. Site plan(scale is 1"=10' because 1'=40' supplied in previous submission proved impractical.) Please do not hesitate to contact me if further information is needed. Very truly yours, pyrY /`' G Joseph Mahoney JVM/mmj Enclosures H:\G9000\9100\G9165\LtrtoZba477Andover.doc p � C� C AWE MAR 1 1 2002 D BOARD OF APPEALS HP Fax K 1220xi Log for NORTH ANDOVER 9786889542 Mar 13 2003 2:37pm Last Transaction Date Time Type Identification Duration Pages Re ult Mar 13 2:31pm Fax Sent 89786821712 1:18 3 OK Town of North Andover t�10RTk 1 O t�tso ,6 Q. Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ` North Andover,Massachusetts 01845 ,SSACHU`��S D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 TO: FAX Number: 7,� 17 I FROM: Town of North Andover Zoning Board sof Appeals PHONE: 4978-688-9541 FAX: #978-688-9542 DATE: 3 - � 3 - o 3 SUBJECT: q 7 1 a_J `)7 Ayi ro to K �;t>re-et Number of pages: __? REMARKS: Attached is a fax containing your legal notice, which needs to be placed with the legal notice department at 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 978-686-0755. Please contact the E-T as soon possible in order to meet the mandated [Mass. Gen. L. ch. 40A § 1 i] 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 ''00Pl Vt Publication Date Meeting Date r 101 W03 1/-�e vte5 a /6- 6 31 Please be reminded that it is _your responsibility to mail a copy of the legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14 days prior the ZBA meeting. You are also required to bring, or fax copies of the proof of the certified mailing, to the office of the ZBA Secretary as-soon-as you have completed the mailing. Again, failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP Fax K 1220xi Log for NORTH ANDOVER 9786889542 Feb 18 2003 3:05pm Last 30 Transactions Date Time Type Identification Duration Paf*es Result Feb 13 11:08am Received 9787940707 1:09 2 OK Feb 13 11:23am Received 1:05 2 OK Feb 13 2:57pm Fax Sent 89786821712 2:03 4 OK Feb 13 3:00pm Fax Sent 89786821712 0:59 2 OK Feb 14 12:47am Received 1:12 2 OK Feb 14 8:00am Fax Sent 89786641713 1:16 1 OK Feb 14 9:50am Received 603-659-0418 1:09 4 OK Feb 14 10:01am Received 603-659-0418 1:08 4 OK Feb 14 10:12am Received 2:03 3 OK Feb 14 11:16am Fax Sent 816177424822 0:27 1 OK Feb 14 12:32pm Fax Sent 89786860755 1:24 6 OK Feb 14 12:41pm Fax Sent 819785893100 0:53 2 OK Feb 14 12:45pm Fax Sent 819783276544 0:53 2 OK Feb 14 12:49pm Fax Sent 819788970099 0:32 2 OK Feb 14 12:51pm Fax Sent 815087924509 0:53 2 OK Feb 14 1:01pm Received 0:41 1 OK Feb 14 1:09pm Fax Sent 89786823334 2:19 3 OK Feb 14 2:12pm Received 603-659-0418 1:57 7 OK Feb 14 2:16pm Fax Sent 89787941251 0:38 1 OK Feb 14 2:27pm Fax Sent 89786836595 0:44 2 OK Feb 14 5:1Ipm Received 6:40 18 OK Feb 15 11:48am Received 9784091475 1:13 2 OK Feb 17 9:54am Received 0:44 1 OK Feb 17 3:09pm Received 19786826660 1:41 3 OK Feb 18 2:18pm Fax Sent 89788873480 0:45 1 OK Feb 18 2:31pm Received 978 688 9573 0:28 1 OK Feb 18 2:36pm Fax Sent 89787744205 0:39 2 OK Feb 18 2:38pm Fax Sent 89788583851 0:55 2 OK Feb 18 2:49pm Received 9787744205 0:54 2 OK _ Feb 18 3:04pm Fax Sent 89786821712 1:10 2 OK HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Feb 13 2003 3:01pm Last 30 Transactions Date Time Type Identification Duration Pa es Result Feb 12 2:23pm Fax Sent 89786865227 1:21 2 OK Feb 12 2:27pm Fax Sent 819785212192 0:53 2 OK Feb 12 2:31pm Fax Sent 89786865100 2:43 2 OK Feb 12 2:35pm Fax Sent 816179232336 1:03 2 OK Feb 12 2:38pm Fax Sent 815032120751 0:51 2 OK Feb 12 2:50pm Fax Sent 816175575999 1:09 3 OK Feb 12 3:04pm Fax Sent 89786822397 1:02 2 OK Feb 12 3:58pm Fax Sent 819783992925 0:00 0 No answer Feb 12 3:59pm Fax Sent 819783992558 1:00 2 OK Feb 12 4:21pm Fax Sent 9787941429 0:00 0 No answer Feb 12 4:23pm Fax Sent 89787941429 1:20 1 OK Feb 12 4:26pm Received 19788517149 2:20 10 OK Feb 12 8:23pm Received Via Fax 0:51 1 OK Feb 12 10:27pm Received OTC 0:46 1 OK Feb 13 4:36am Received 0:39 1 OK Feb 13 6:51am Received 978 689 0400 0:42 1 OK Feb 13 9:1lam Received MCSi 1:23 1 OK Feb 13 9:13am Fax Sent 89787947546 0:22 1 OK Feb 13 9:16am Received 781 982 5490 0:36 3 OK Feb 13 9:20am Fax Sent 816179241770 0:55 3 OK Feb 13 9:50am Fax Sent 89786864314 0:19 1 OK Feb 13 10:17am Received 0:38 0 No fax Feb 13 10:27am Fax Sent 89787942088 0:49 1 Jammed Feb 13 10:28am Fax Sent 89787942088 1:26 2 OK Feb 13 10:32am Received 978 623 8320 5:14 8 OK Feb 13 11:04am Fax Sent 818882822211 0:37 2 OK Feb 13 11:08am Received 9787940707 1:09 2 OK Feb 13 11:23am Received 1:05 2 OK V4Feb 13 2:57pm Fax Sent 89786821712 2:03 4 OK ,Feb 13 3:00pm Fax Sent 89786821712 0:59 2 OK 4' IANCE VAR TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS s �. `" ��;f�'e`'�..s��t� ke�Aw�' � ��, �3x xS-_:u� ro '., .x�ixx;w' -a¢h�.aa£�'.i; �t�� ,�.}'•.row ~° iS 'c-1C rtU`3E Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty 1'30) days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information_ The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and.receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner, the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest: Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17, within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information,the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). ria o IMPORTANT PHONE.NUMBERS: co ti --i= `- � Qt7 -< -< 9D7 8-688-9541 nUnZoning Board of Appeals Office' ry w z r*, 978-688-9501 Town Clerks Office O 978-688-9545 Building Department > oM�t�L3A0C'� -0- 0 m-M WWI 8 Cza D11:E; .9 2002 rr��l�sa�z� 0]AI ! �� O Application for aVARIANCE 11-IN Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Trust .471 Andover Street North Andover, MA 01845 *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: - -.Arr Ri=alt� Tnmt- 471 Andover,Street, North AnddVer, MA 01845 Years Owned Land:- 13 years 3. Location of Property: a. Street: 471 Andover Street- Zoning District B-4 b. Assessors: Map number 24 Lot Number: 31 c. Registry of Deeds: Book Number 3013 Page Number: 197-1 4. Zoning Sections under which the petition for the Variance is made. Section 8.1.2; 8.1.7 Table 2--setbacks *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request Setbacks on pre-existing nonconforming premises and structure; increase in on-site parking; expand existing driveway. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and Will'not Involve additional items not Included above. 6a, Difference from Zoning By-Law requirements: jIndicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking * . Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % Page- 'of 4 + Application for a VARIANCE - 1� �'�`4 �,� r�"' �R,.i;<"�' ,�g� 1 `Tx <� t ��r.�• s., .. _ �� '` s"t`e'.�'u... .'� 9 :��, `»�'rY�` °a ^Y�. �..r�.w - s�-x' ��a<aa`G�'`:�r.� �•,fir<rrr z ,�?�` � �- �*3^€rK - ��'� � �� ;, 3s. ��"�'�F r «':�..:4'k� �;� �:s�,�`�.,,:�i G .�..e�tr �� Zoning Board of Appeals 6. b. Existing.Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 8775 n/a n/a % 75 3 25 --16 5 6:0 c. ( Lot Proposed S): P 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 8775 n/a n/a oda 75 9.5 25 16 5 GO d. 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 Feet Spaces Front Side A Side B Rear 80000 25 % 200 7 50 50 50 50 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* _9.99 2 f)98 Office 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 999 199& -Office `Reference Uses from the Zoning By-Law.State number of units In building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the zoning Board of Appeals. Every application shall be filed with the 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 sal by the Zoning Board of this application as incomplete. Signa ur Type above (s) here James Holbrook, Trustee, A&C Realty Trust Town Of NorAndover Building North g De partment AC pSSACNtl5�St9 27 Charles St. North Andover, MA. 01845 - Phone 978-688-9545 Fax 978-688-9542 Street: ,v Map/Lot; a 4/3 I Applicant: PealRvbt Request: ar,Kt v Lai- r 1Drr u-ecu,9 • e->` qti Date: Please be advised that after review of.your Application and Plans that your,Application is DENIED for the following Zoning Bylaw reasons: Zoning 6- 4 Item Notes Item A Lot Area Notes F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting � s 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage ��S 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed y e S G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBAS 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 Lj& S 4 Right Side Insufficient Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) Hes 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies p Watershed 3 Coverage Preexisting � S 1 Not in Watershed L{c � 5 4 Insufficient Information -i---In—Watershed J Sign 3 Lot prior to 10/24/94Sign not allowed 1 N 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 ParkingRequired: yeS 2 1 Not in district Lt e-S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review S ecial Permit Setback Variance Access other than Fronta e Special Permit Parkin Variance. Frontage Exception Lot Special Permit Common DrivewayLot Area Variance S ecial Permit Lot r Variance Con re ate Housin Special Permit Variance for Sign Continuing Care Retirement Special Permit Independent Elderl Housin S ecial Permit Special Permits Zoning Board S ecial Permit Non-Conforming Use ZBA Large Estate Condo special Permit Earth Removal S ecial Permit ZBA Planned Development District Special Permit S ecial Permit Use not Listed but Similar Planned Residential Special Permit S ecial Permit for Sign R-6 Density Special Permit Special permit for precexisting Watershed S ecial 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 Building Department.The attached document titled"Plan Review Narrative"shall be attacchanges to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the by reference. The building department will retain all plans and documentation for the abovhed hereto and incorporated herein e file.You must file a new permit applicattiion'form and begin the permitting process. Bir itding Department Official SignalApplication Received Application-D 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: F 'y �'ea .q, a k y.. ,,Y) r, ,e Referred To: Fire Police Health Conservation Zonin Board Plannin De artment oPublW Other Historical Commission Buildin De artment Town of North Andover North Andover, MA 01845 To: Members of the Zoning Board of Appeals RE: Request for Variance A. The particular use proposed for the land or structure: I am requesting a variance from the dimensional requirements for a driveway, to be shared with the property to the west, and from the number of parking spaces required by the bylaw. The old cinderblock garage at the rear of properties is scheduled to be razed, allowing more spaces. The current driveway serves as access for both properties, but is only ten feet wide. The proposal is to increase it to 20 feet. The widening will improve traffic flow in and out of our joint parking lot and eliminate the need for vehicles to stop on Andover Street and wait for others to exit, thus improving public safety. The building that houses my insurance office is many years old. The property and its use are preexisting and nonconforming. It would appear that these variances will be necessary: 1. Driveway access. 2. Number of parking spaces 3. Distance between parking rows: required is 25 feet; proposed is 24 feet. 4. Yard setbacks, as may be required B. For the circumstances related to conditions affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. My neighbor and I have a tough parking problem. We each need more parking. We believe we can get it to by increasing the number of spaces on both properties. In addition to our on-site parking we both share leased spaces in the parking lot of the North Andover Office Park. That's still not enough. The area is entirely without residential use. (At the nearby town line, in Andover there is at least one residence.) My neighbor to the west is a medical office. Merrimack College is across the street and has property to the rear of us. To the east, on Rte. 114, are the two big office buildings known as the North Andover Office Park. C. Facts which make up the substantial hardship, financial or otherwise,which results from literal enforcement of the applicable zoning restrictions. I have had my business office on this site for the past 13 years. The office building has been adequate, but my insurance business has grown. There is need for more parking. It was never quite adequate, and now is very inadequate. I want to cooperate with my neighbor to provide easier and more adequate parking that we can both share. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The premises are in an area entirely devoted to office use and collegiate purposes. I want only to increase the number of parking spaces to the rear of my building (and the building next door) so that there will be little or no pp impact on the neighborhood. There would appear little likelihood now or in the future, that there will be further development in the immediate area because of wetland considerations. H:\G9000\9100\G9165\Request for Variance.471 Joint Statement of Owners of 471 and 477 Andover Street, No.Andover We are neighbors and direct abutters. We share parking in the rear of our buildings for our clients and patients and staff. We share a 98-year lease—it ends July 20, 2087--to 12 spaces in the adjacent North Andover Office Park. And we share access to our on-site parking. With this sharing, we also share two problems: • We need more parking; • We need better access. We want to add to our parking in the rear. What we have simply is not adequate. It's a constant source of friction between our staffs and our clients and patients. Both properties predate zoning, so are preexisting and nonconforming and as set up now, do not meet current requirements, which is the major reason for these applications for variances. The parking plans provided with these applications may not provide enough spaces to meet current on-site parking requirements but with our leased spaces, parking should be adequate. Any addition to the parking would be an improvement. In any case, we propose to put a sign at the entrance directing larger or oversized vehicles to the 12 nearby parking spaces that we lease. We also want to double the width of the access driveway, from 10 feet to 20 feet. Zoning requires 25 feet, but there is not enough space for that. Again, anything would be an improvement, in terms of safety and access. We have a written agreement,to be recorded at the Essex North Registry of Deeds, which formalizes our sharing of parking spaces and driveway access, copies of which we would be happy to provide on request. H:\G9000\9100\G9165Voint Statement of Owners of 471 and 477 Andover Street.doc Town of North Andover, Zoniniz Board of Appeals ^ Parties of Inte.rest/Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner.as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town,the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property,list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS .,- 24 DDRESS ,24 .31 AOC Realty Trust 471 Andover St. , No. Andover. m eh s tts ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 24 28 No. Andover Office Park 451 Andover::°St. #335 25 13, 21, 67 Merrimack College Turnpike Street ?4 'In Realty Trust 477 Andover Street 24 29 Robert O'Neill 3 Radcliffe Dr. , Andover, MA 2 49 Patricia J. McNulty Elm ree , over, TMS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND_ CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE OF Certifie Board f o North Andover PLAN OF LAND o IN NORTH ANDOVER, MASS. ILES PREPARED FOR No. 13972 J �s �fGISTERE� �/ ANSEL REALTY TRUST SCALE: I"=40' DATE.11/12/2002 11/142002 0' 40' 80' 120' NORTH ANDOVER ROBERT J. O'NEILL Scott L. Giles R.P.L.S. BOARD OF APPEALS ASSESSORS MAP 24 PARCEL 29 Frank. S. Giles R.P.L.S. BF NORTH ANDOVER OFFICE 50 Deer Meadow Road N 41°45'05"E 75.00' N 41'45'05"E 75.00'. PARK L.P. North Andover, Mass. E I LOCK �— p Op E. WARi�G ASSESSORS MAP 24 PARCEL 28 PA IQ T ZED — THE ZONING DIST. IS Z NSEL REALTY T RUST— — Adi,REALTY — BUSINESS DISTRICT 4. ROBERT J. O'NEILL LO SSRE i TRUST L rAR� SEE PLANS#11,620 AND o ASSESSORS MAP 24 ASSESSORS MAP 24 �"- ASSESSORS MAP 24 o PARCEL 30 PARCEL 31 ° ;,�0i3 #9336 AT THE N.E.R.D. PARCEL 29 R P EXISTING 8 CONC.DRIVE AND P NG �'R TOTAL PROPOSED NEW PARKING 5 AR ING L — — — l AR NG i = = 19 SPACES STAIRS STAIR v 12 y 8 2 8 36' AREA SPACES PRESENTLY RENTED BY DATE OF FILING: s EXIST.DWELL. v 10 EXIST.W.F. n v cn EXIST.W.F. AN3EL AND A&C REALTY TRUST. OFFICE 4 "1 ;0 OFFICE N DATE OF HEARING: v #477 m of vi #471 15 0 ' 10' G) 9' DATE OF APPROVAL: 0 36' 1 161 to v� 25 r. 36 5' THIS IS TO CERTIFY THAT/HAVE CONFORMED : WITH THE RULES AND REGULATIONS OF THE m1 m� REGISTERS OF DEEDS IN PREPARING THIS PLAN a S 41045'05"W 75.00' . S 41*¢7'30"A( 59.86' L=16.03' t R=1259.32' ANDOVER STREET LIST OF ABUTTERS THE PROPERTY LINES SHOWN ARE THE MAP PARCEL NAME ADDRESS LINES DIVIDING EXISTING OWNERSHIPS,AND 24 28 NOOANDOVER OFFICE PARK #451 ANDOVER STREET#355 THE LINES STREETS AND WAYS SHOWN 25 13,21,67 MERR/MACK COLLEGE TURNPIKE STREET ARE THOSE c)F PUBLIC OR PRIVATE STREETS 24 31 A&C REALTY TRUST #471 ANDOVER STREET OR WAYS AL:�E,4DY ESTABLISHED,AND NO NEW LINES FOR DIVISION 24 29 ROBERT O NEILL #3 RADCLIFFE DR.,ANDOVER 2 49 PATRICIA J. MCNULTY #200 ELM ST.,ANDOVER OWNERSHIP OR NEW WAYSS ARE SHOWN. EXISTING ID T C E WE Ju UE BOARD OF APPEALS I PAGE 4 OF 4 VARIANCE ..._.- .. _.:✓. .. 4'�.'k�-'tea �'wwzst' Kms, 'eR?r �Y� .+-f � ,_?s.+ '.j.Y;: 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A, Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district (s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend & Graphic Aids: which the property is located. 1. Proposed features in solid lines &outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which.the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use..Elevation plans for minor projects including decks, sheds, & garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's 11. APPLICATION FILING FEES Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant.is to send by the public hearing before the Zoning Board of Appeals_ certified_mail all legal notices to all abutters, and. then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps (appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties.in interest as identified in MGLA ch.40A, spaces, b)three or more dwelling units,and, sec. 11 as listed on the-application: ZBA Secretary c)2000 squarefeet'or mreVof building area. will-comp ute,numteuof stamps Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutters_#o ZBA-Secretary,who will mail asterisks ('). In some cases further information may be decisions to abutters and parties in-interest. required C._ Administrative fee of$50.00 per application. 10 B. Plan Specifications: -- a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must and/or Land Surveyor, with a block for five (5) ZBA be submitted. signatures and date indicated on mylar. TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS 3 Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty 30 days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and.receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest: Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17, within twenty (20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Cleric. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Cleric Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). C= N dG C:7 IMPORTANT PHONE.NUMBERS: `'' C-) =' D _7Z3 C/)C:) 978-688-9541 Zoning Board of Appeals Office' m =_ 978-688-9501 Town Clerk's Office �} 97 8,$-954 la3uildir epartment L� 1 lJllLi; o DEC 23 2002 D BOARD OF APPEALS TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS 3i �4c��.k''�:�, -Tu � �;�i6z.� �`:�nc:.�`<".�x+W�:' �:�.�3 mj.• �nn'riG�-T.° ` '��`P'..iS�c`�,'�'�le��r ". "' s Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty U days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: - of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and.receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner, the Board shall decide ori the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17,within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information,the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). • p C� ^�•^r,��^ �swr � Yom-�; x .��• '.� 3 a �'" `` �" .�� „�.�,, s•e�„��, ,.;�•a,+, • iii m �.. , a< ..�•.� p '�'' i-tx x�+ � +.,er `` W.Fi�, `9r� �' �'"� .�N' ,�a`' ,�{�" } �1, `.^ yam.... S�r��ASFi.�ti a,,..'..'a:,e"6-,s*s>�c"i",t,. ..r r4vw.•uK �� •�1�a�� k..�a�.+��`°!a��1�t'a�� ..sR^.�.a�.a�P�� .dz-3s. .?`it�.xwu., ;s.n .�'a�",�, �:��,.. C--) = a mm IMPORTANT PHONE NUMBERS: w >� ? :Z-�> 978-688-9541 Zoning Board of Appeals Office S lb V ( 4 Ti'l 109HA C 978-688-9501 Town Clerk's Office = m 978-68 5CB�il jirgQC rtment �;3A0U`K' iIUU 7;u�IZia�O �i,tGl w IWHSOi`� Cc 1 N DEC 2 3 2002 �fr+ - n--.)-nI C Page,3 of 4 Application for a VARIANCE s �"..::.:x .:.,....wys3:.n .?...�i ..3x.wa,.7:s..�?�.,:..,v'�✓'�......::�«;ac.,r�F_3:�"s';:,�``: g�>~:.:*�€sr<,:.sti.�t *.c,<,r,S3.s+..;.. .,e.,�. .�i3.h"°':2•��-<,�1,�.,� 3,*5.a5�»�.�.sttr.'k-'§.`',-�,�z''r�`"L��1?�2'z �'._� xn .,.,,.. Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 8775 n/a n/a % 75 3 25 -16 5 6,0 C. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back° Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 8775 n/a n/a % 75 9.5 25 16 5. 6-0' d. 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 Feet Spaces Front Side A Side B Rear 80000 25 % 200 7 50 50 50 50 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* _ 999 2 ' 1 98 office *Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 999 199& -Office *Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the 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 sal by the Zoning Board of this application as incomplete. SI ftatur Type above (S) here James Holbrook, Trustee, A&C Realty Trust Town of North Andover ` North Andover, MA 01845 To: Members of the Zoning Board of Appeals RE: Request for Variance A. The particular use proposed for the land or structure: I am requesting a variance from the dimensional requirements for a driveway, to be shared with the property to the west, and from the number of parking spaces required by the bylaw. The old cinderblock garage at the rear of properties is scheduled to be razed, allowing more spaces. The current driveway is on the adjoining property. It serves as access for both properties,but is only ten feet wide. The proposal is to increase it to 20 feet, for better and safer access. The building that houses my insurance office is many years old.. The property and its use are preexisting and nonconforming. It would appear that setback variances will be required. B. For the circumstances related to conditions affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. My neighbor and I have a tough parking problem. We each need more parking. We believe we can get it to by increasing the number of spaces on both properties. In addition to our on-site parking we both share leased spaces in the parking lot of the North Andover Office Park. That's still not enough. The area is entirely without residential use. (At the nearby Andover line there are residences.)The building to my east is one of the big office buildings of the North Andover Office Park. My neighbor to the west is a medical office. Merrimack College is across the street and has property to the rear of us. Further to the east, on Rte. 114, are the two big office buildings known as the North Andover Office Park. C. Facts which make up the substantial hardship, financial or otherwise,which results from literal enforcement of the applicable zoning restrictions. I have had my business office on this site for the past 13 years. The office building has been adequate,but my insurance business has grown. There is need for more parking. It was never quite adequate, and now is very inadequate. I want to cooperate with my neighbor to provide easier and more adequate parking that we can both share. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The premises are in an area entirely devoted to office use and collegiate purposes. I want only to increase the number of parking spaces to the rear of my building(and the building next door) so that there will be little or no impact on the neighborhood. There would appear little likelihood, now or in the future,that there will be further development in the immediate area because of wetland considerations. H:\G9000\9100\G9165\Request for Variance—IA.doc now or in the future, that there will be fiuther development in the immediate area because of wetland considerations. 14:1GgOM91WGMSNRe4uest for Varisam.411 TOTAL P.03 {{ Application for a V,A RIANCE 'i.dii-,t a- ,'r....»^i-S F iii t.i! Nm i id a ?s F :.i'I�t '' ,x.-...f y I F,C �. s T✓r.<zFT.3 �L ,x.�ii �, r ��H '?l'; `hi rr�3M:'7 - t I..y rsc> .�.._a .. i tx t..•�R �'::�.. � �...-2 n,, r^,g�r...� ph. rt.,_t,�,.�:lF' ':f r. �� ...1'�e4 �i�l�:r� � .:x:, 5�.s _:ti1'�y s�-.�-',"4�K5 r��2f,`t4�tlit:._r �' '�ryjv, f Zoning Board of Appeals I. Petitioner: Name, address and telephone number: A&C Realty Trust - 471 Andover Street North Andover, MA 01845 '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: A&C Real tv Trust 471 Andover,Street, North Anddver, MA 01845 Years Owned Land:- 13 years 3. Location of Property: a. Street: 471 Andover streets Zoning District t B-4 b. Assessors: Map number 24 Lot Number: 3 c. Registry of Deeds: Book Number 3013 Page Number: 1.97- 4. Zoning Sections under which the petition for the Variance is made. Section 8.1.2; 8.1.7 and Section 7.3 lus Table 2 for front and side setbacks 'Refer to the Permit Denial and Zoning By Plan Review as supplied by the Building Commissioner 5. Describe the Variance request Setbacks on pre-existing nonconforming premises and structure; increase in on-site parking; expand existing driveway. 'The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. — B. PAGE 4 OF 4 VARIANCE s .�,. t mys w.. s $q".," ,. 1g a•, _ '"Fx " '"k`' `'"" r `m s .•` .R. a..x *i3�3xa'8, #' c ^' smb ,rA� i? �e "Y: r v C3m. x v->.Y�. .€' r ..', xIv • .r:a.? 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A, Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing -1. North point each of the following points individually is required with this 2. zoning district (s) application. /3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend & Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. 10 E. Facts relied upon to support a finding that relief sought Major FURTHER REQUIREMENTS: may be given without nullifying or substantially Mr Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or a proposed change in use. Elevation plans for minor application. projects including decks, sheds,&garages shall be included with a side view depicted on the plot plan, 10. Plan of Land which includes a ground level elevation. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)three or more dwelling units, and sec. 11 as listed on the application. ZBA Secretary c) 2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one (1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks (*). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed � A Variance once granted by the ZBA will lapse in 11"x17", preferred scale of 1"=40'. b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must and/or Land Surveyor, with a block for five (5) ZBA be submitted. signatures and date indicated on mylar. ' i JHN--2J--*200J 11=db HW f rt1 and t1HHUNEY LLP Y18 b32 1'11 Y.01/01 LAW vir ia.Ca r'ri, s 127 TURNPIKE STREET NORTH ANDOVER.MASSACHUSEI I o1adWP6095 www hatGnUWldmahonayTi9.corn v�_�rnu �, uw'rru PW[�NC� (Ii7At BRS-33B6 ALSO AOMITYED IN N.H_ FAX: (97 6) 892.1712 JOSEPH V.MAHONEY PETER i.. HATEM ALSO ADMlTT D IN N.M..MAINC AMD f i01a1OA 1—•tr +.r. s. n .n rnn nt..+ JOHN 9. MAHON ALSO ADMITTED IN N.H. januany 23, 2,00-3 D. Robert Nicetta Building Commissioner Town of North Andover Rl'nr!}1 An�}n�rar Mac��}�it�c�tt�r, Arc. r cuuvu 1vl ayctwal r r.11lul. Ansel itcany 1 rust 477 Andover Street Dear Bob: Much, of your officjP has told Me.that tha:annlination T fi]M snme W.--s-kc aan lantrc �nfn�m�tinn�intF1 wanf+�t tin tl;o ttlr►nnrl iii�n +cinAcn�t�,n Hlrilrisrnre t1.e n��,.,e.��N1ean to nv...a,,.i r....... .+�..+... � ...•.vaa., wav vwavaaab .uv uv uva gar�.r.}.auau. 1A ♦ ♦r.L....1...t a_. — �......aL_ .L_.-. uaaa Io %46%,�.pu�., A wvwLs YviiLL Gal% L11�L/ uLL:LVVLFAAUL SLQ_YZ ulG*allAG,Within,aur%.UQA18G. A 1111': dwu►uvua wvulu vc uZlwzuu,uvi Ouiw"u, koac 11i1CtuilvG V1 PGl1t1CJ1lI 4nu P14Rb.j ( would hope that the issue mlgnt be on the agenda or the Goring hoard's rebruary meeting. .. If You need further information,please contact me. Y rdy LI wy V L11.7, AAeph V.Mahoney L J V Mhtuni Town of North AndoverE NORTH Office of the Zoning Board of Appeals to Community Development and Services Division 1441 27 Charles Street North Andover,Massachusetts 01845 �SSACHU`+�� D. Robert Nicetta Telephone(978)688-9541 Fax(978)688-9542 Building Commissioner 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 I Ph of February,2003 at 7:30 PM to all parties interested in the appeal of A&C Realty Trust,471 Andover Street,North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief from front,side and rear setbacks;Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations&Ansel Realty Trust,477 Andover Street North Andover requesting a Variance from Section 7,Paragraph 7.3 and Table 2 for relief of front and side setbacks;Section 8,Paragraphs 8.1.2&8.i.7 for relief of off-street parking regulations;and a Special Permit from Section 9,Paragraph 9.2 in order to construct an addition to a non-conforming structure on a non-conforming lot. The said premises affected are properties with frontage on the West side of Andover Street within the B-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 William J.Sullivan,Chairman Published in the Eagle Tribune on January 27&February 3,2003. Legalnotice 2003-001. F �-7 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 �p�4JtYTF{°�o Zoning Bylaw Review Form t Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: h f ou e r S f Map/Lot: a4/ 3i Applicant: e a 12 U S Request: ar Ktk:0% 1.0+ 4- 'm u-e_cv a �� qns see v Date: I -1 9 - V 0 o 3 Please be advised that after review of.your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning a- 4 Item Notes Item A Lot Area Notes F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting K S 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage ��S 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed H S G Contiguous Building Area 2 Not Allowed 1 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA LA e 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 L S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient _F Building Coverage 6 Preexisting setback(s) L ie 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 4 1 Not in Watershed Lj 5 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 — E Historic District K Parking 1 In District review required 1 More Parking Required 4e- 2 Not in district ul S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Fronta e'S ecial Permit ig Variance. Frontage Exception Lot Special 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 Housing Special Permit Special Permit Non-Conform.— Ing Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Develo ment 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 nonconforming 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. LLzlcz�, B ilding Department Official Signatyr.e Application Received Application Denied NOHrk Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 'Mf Xv ou e r sl- Map/Lot: l- Map/Lot: a4 3i Applicant: -+C Re QvSf Request: k.+ -+- 17r-►u*$--ev8 e-Y-P ANs1o ►J Date: —tg - ano3 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning 6- 4 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting K W S 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage lie S 4 Insufficient Information 4 Insufficient Information B use 5 No access over Frontage 1 Allowed y g G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height e 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) Li e 5 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting `f 1 Not in Watershed k r'_5 4 Insufficient Information 2 In Watershed d Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 1 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required yes 2 Not in district Ll a .S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # I Special Permits Planning Board Item # Variance 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 Housin S ecial Permit Special Permit Non-Conforming Use ZBA 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 Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming Watershed S ecial 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. B ilding Department Official Signal:ufe Application Received Application Denied