HomeMy WebLinkAboutMiscellaneous - 477 ANDOVER STREET 4/30/2018 (3) 471 ANDOVER ST '
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Legal Notice
T,aWN OF
NORTH ANDOVER ,
BOARD OF APPEALS
` NOTICE
,ORTPI _
e._ 0
0
�SSACHUS�
T l
July 15,1983
Notice is hereby given that the
Board of Appeals will give a
hearing at"the Town Building,
North Andover, on Monday
,evening the 8th day of August,
1983,at 7:30 o'clock to-all par-
ties interested in the appeal of
ROBERT WEBSTER requesting a
variation of Sec. 7, Par. 7.1,
7.2, 7.3, 7.5 of the Zoning By
Law so as to permit relief from
the area,frontage,setback,and
lot coverage requirements to
allow the continued existence of-
two lots on the premises,located
at 471 and 477 Andover St.
By Order of the Board of Ap-
peals.
Frank Serio,Jr.
-Chairman
Publish N.A. Citizen: July 21
and 28,19a3 121-1134
Legal Notice
XWN OF '
NORTH ANDOVER
BOARD OF APPEALS
NOTICE
NORTF1
Of
\ F
A
SACHIrs
July 15,1983
Notice is hereby given that the
Board of Appeals will give a
hearing at'the Town Building,
North Andover, on Monday
evening the 8th day of August,
1983,at 7:30 o'clock to all par-
ties interested in the appeal of
ROBERT WEBSTER requesting a
variation of Sec. 7, Par. 7.1,
7.2, 7.3, 7.5 of the Zoning By
Law so as to permit relief from
the area,frontage,setback,and
lot coverage requirements to
allow the continued existence of
two lots on the premises,located
at 471 and 477 Andover St. '
By Order of the Board of AP-
peals.
Frank Serio,Jr.
-Chairman
Publish N.A. Citizen: July 21
and 28,1983 121-1134
44
N0 Ty�4
i h: A►eiL7TV :aeZ
Vii:
}��ACHU s'r
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
July 15
xmm xxl . . . . . . . .1983
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building,North Andover,on. . . .`j a n.d a y
ev,enjng . . . the8th . day of . . . . . . August
19&.3 , at7;.3 O'clock, to all parties interested in the appeal of
. . . . . . . . . . . . .ROB cRT . ''O.EDSTER. . . . . . . . . . . . . . . . . . . . . . .
requesting a variation of Sec..7.,. .P a.r, .7. 1 u�he fa
. o f. the Zo n.i n g
. B,y . L.aw. s.o. as . to . p.ern.i.t_ .relief fron the area ,
frontage , setback , and lot coverage requirements
t-o a-l-low - the- continued. -exi-ste.nce. of. .two. .lots
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
on the premises, located at. . 4.71. a n d. .4 TZ ., n.4 o v e r. S t.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By Order of the Board of Appeals
By: Frank Serio , Jr. , Chairman
Publish : N.A. Citizen : July 21 and 28 , 1983
Send bill to : P.obett Webster
C/O Atty. William Dalton
2 Elm Square
Andover, Mass . �
`a
+ _ESSF�
BOARD OF APPEALS mum
4• F,M
�TOWN OFFICE BUILDING R 0 r00 Sclvu4faEn
NORTH ANDOVER, MASS., •
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2 6 'L
Legal Notice
TOWN OF
NORTH ANDOVER
BOARD OF APPEALS t
NOTICE
I ORTM _
pF ,oto ,a1ti
L {
p P
D4ATf D
. �SSACNUS�
July 15,1983
Notice is hereby given that the
Board of Appeals will give a
hearing at'the Town Building,
North Andover. on Monday
evening the 8th day of August, t
1983,at 7:30 o'clock to all.par-
-lies interested in the appeal of
ROBERT WEBSTER requesting a
variation of Sec. 7, Par. 7.1, i
7.2, 7.3, 7.5 of the Zoning By
Law so as to permit relief from
the area,frontage,setback,and
lot coverage requirements to
allow the continued existence of
two lots on the premises,located '
at 471 and 477 Andover St.
By Order of the Board of Ap-
peals.
Frank Serio,Jr.
Chairman
Publish N.A. Citizen: July 21
and 28,1983 121-1134
/ .
Recei-v6d by_ Town Clerk41
; - :40
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rD;ate : = Fye e '4mm SOWN OF NORTH ANDOVER, MASSACHUSETTS «io
`- � BOARD OF APPEALS
Time JSACNUs,,
1�3This application must be typewritten
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Appl i cant Robert E. Webster. Trustee of Address C/0 Atty. William J. Dalton
REGENCY REALTY TRUST
1 . Application is hereby made 2 Elm Sq. , Musgrove Bldg
Andover, MA
( a ) For a variance from the requirements of Section 7 Paragraphs 7.1, 7,P,
and Table of the Zoning By-Laws . 7.3, 7.5,
(b) For a Special Permit under Section Paragraph of the
Zoning By-Laws .
( c) As a party aggrieved , for review of a decision made by the Building
Inspector or other authority .
2 . ( a) Premises affected are land and building(s ) x numbered
471 and 477 Andover %, Street .
(b ) Premises affected are property with frontage on the North ( )
South ( ) East ( ) West ( ) side of
Street , and known as No . Street .
( c) Premises affected are in Zoning District B_4 and the premises
- --— - a-fff e-c te-d --ira-v e -n—a r-e a--o-f--B7 -_-9ti-a re- fe et—a-n-d—f r-o-n-t-age--o-f-----
75 square feet . for 46471 and 8775 square feet and frontage of
3. Ownership
75 feet for# 477
( a.) Name and address of owner ( if joint ownership , give all names ) :
Robert E. Webster, Trustee of Regency Realty Trust
Date of purchase 9'j82 Previous- Owner_ v;e-+-,,,- uatom a.,,j Ron n g
rinc
• r
( b ) If applicant is not owner , check his interest in the premises :
Prospective 'Purchaser Lesee Other (explain )
4 . Size of proposed building : N/A front ; feet deep ;
Height : stories ; feet.
( a ) Approximate date of erection :
( b) Occupancy or use of each floor :
(c ) Type of construction :
5 . Si ze of existing bui 1 di ng S:/each are feet front ; 25 feet deep ;
He i g h t :, 2 s tori es ; feet . Garage : 30' x 201 .
(a ) Approximate date of erection : over 60 years
( b ) Occupancy or use of each floor : office
(c) Type of construction : wood frame
6 . Has there been a previous appeal , under zoning , on these premises ? no
If so , when?
7. Description of relief sought on this petition
SEE ADDITIONAL SHEET "A"
8. Deed recorded in the Registry of Deeds in Book Page or
Land'.-Court Certificate No. Book Page
For 46471 1604/130
For 46477 1604/128
r
The principal points upon which I base my application are as follows :
(Must be stated in detail )
SEE ADDITIONAL SHEET "B"
I a r e to pa -for d ertising in newspaper and incidental expenses*
Petitioner ' s Signature
William J. Dalton, Attorney for Regency Realty Trust
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board . -These -forms shall be furnished by the clerk
upon request . Any communication purporting to be an application
shall be treated as mere notice of intention , to seek relief until
— such time as it is made on the official application form. All in-
formation called for by the form shall be furnis ed y app the scan
in the manner therein prescribed.
Every application shall be submitted -with a list of "Parties in
Interest" which list shall include the petitioner , abutters , owners
of land directly opposite on any public or private street or way ,
and abutters to the abutters within three hundred feet of the property
line of the petitioner as they appear on the most recent applicable
tax list , notwithstanding that the land of any such owner is located
in another city or 'town , the Planning Board of the city or town , and
the Planning Board of every abutting city or town .
* Every application shall be submitted with an application charge cost
in the amount of $25 . 00 . In addition , the petitioner shall be respon -
sible for any and all costs involved in bringing the petition before
the Board . Such costs shall include mailing and publication , but
are not necessarily limited to these .
LIST OF PARTIES IN INTEREST
Name Address
Post Realty Trust 451 Andover Street, North Andover, MA
Town of Andover 0 P W
0
Merrimack College Turnpike St. , North Andover, MA
Francis & Joanne McNulty 200 Elm Street, Andover, MA
Andrew & Irene Soucy 485 Andover St. , Andover, MA
1.3 X.
( Use additional sheets if necessary)
,r
SHEET A
In the event that the two (2) Lots, Number 471 Andover Street, and Number 477
Andover Street, have somehow merged into one Lot for Zoning purposes, the
Applicant requests a Variance to permit the separate Conveyance of each Lot.
Number 471 Andover Street is shown at Lot B, and Number 477 Andover Street is
shown on Lot A on the accompanying Plan. Each of these Lots have for over sixty
(60) years been separately deeded whenever a Conveyance has taken place.
J •
` a
SHEET B
BASIS OF APPLICATION
Each of the two (2) Lots involved have been conveyed for over sixty (60) years
by means of separate Deeds. Hatem and Osgood acquired one of the Lots in 1972,
and acquired the other Lot in 1973. When the Applicant took Title in September
of 1982, Applicant received a separate Deed for each Lot.
Neither Lot has ever been "available for combination with or use in connection
with" each other. As a result, it is difficult to vision two (2) Lots having
become merged into one (1) Lot for Zoning purposes.
In the event that any such merger has occurred, the Applicant seeks a Variance
under the Paragraphs of Section 7 which would prevent the Lots from being
separately conveyed as separate Lots. If the Zoning By-Law is literally
enforced, the Applicant will suffer a hardship due to circumstances which
especially effect these premises and do not generally effect premises within the
B4 Zoning District.
For reference purposes, the separate Deeds for each of these Lots have been
attached hereto.
, . BENJAMIN C. OSGOOD of North Andover,. Essex County, FMassachuset�s'
and' VICTOR L. HATEM of Salem, Rockingham County,. New Hampshire, .indi,�.-
vidually and as Co-Partners doing business as BIXBY ' & " C0. of 451 ,A drover
Street, North Andover, Massachusetts for $1. 00 and other good and valu-
able consideration paid, release all our right, title and interest.,;, if
any, to Robert E. Webster, Trustee of Regency Realty.Trust::._u/:d/.t-dated_September;9,
1982, of 2 Elm Square, Andover, Massachusetts
A certain lot of ;land, with the buildings thereon, ';-situated:'in_ :
the Town of North Andover, facing on Andover Street, so called,' and".'•
bounded and described as follows:
Beginning at a point on said Andover Street;seventy-five.::; 'a,"
(75) feet .north from the northerly line of the' Holden I;ot ':..
so-called, on said Andover Street, running 'riortherly •
toward the line of C.J. Mahoney, seventy-five'*, (75) . feet;:
Thence, turning at or near right angles :and :running`-`in.a=: ,
straight line westerly one hundred seventeen;'.
by land now 'or formerly of Andrew J. O'Connell; = T�• a :.
Thence, turning at or near right angles and rtinni.ng', southerl
seventy-five (75) feet to a point one hundred seventeen=s(3i,7)
feet distant from the west line of said Andover; Streeter
Thence, easterly by land now or formerly of one J.P S 4f i
Mahoney, one hundred seventeen (117) feet to the point;'W"
of beginning. r
This :
:'conveyance is made subject to and with'. the' benefit„of .a11.:;restr3c <
tions; easements,. conditions and 'agreements of record; insofar�as'4teir
same •are now in force and applicable.
Bein the same ,� a,r%..
g . premises described in. a deed recorded :wi.th;North Essex
-Registry of Deeds, Book 1255, Page 82. ^F,;• , u<;;�”
$4
ra Ca
t r Mme({
WIT my a and seal this 8th da of Se tember 19821
y
$4
VICTOR 'L. HATEM`-
Z ° r_
{
4.)4 THE COMMONWEALTH OF MASSACHUSETTS,
(1) oo ESSEX,SS: s.
$4 0 SEPTEMBER 8, 19 8 2
7
+''o Then personally a
cn� P y. appeared Victor L: Hatem, and .acknowl dged,:.tYie ` *r
foregoing instrument to. be his free act ed = = :wr,R:
° .,:.
O
° NOTARY. P
�
°° My commission "expires:y' J:
r
WITNESS my hand and seal this 9th day of September 1982y�
•• r M s._
•• BENJAMIN;;.0 OSGOOD-;''_'.t.` .
��] THE COMMONWEALTH OF MASSACHUSETTS
A ESSEX, SS. SEPTEMBER982
Then personally a
P y ppeared Benjamin C. Osgood and acknowledged�the``�;,4:
a w foregoing instrument to be his free act and deed,. before;.me,
134
w C7 NOT ' �JBLI
C:;:. `.
My commission`,.expires:
Y
Y
i
BENJAMIN C. OSGOOD of North Andover, Essex County, Massachusetts_ .
and VICTOR L. HATEM of Salem, Rockingham County, New Hampshire, . indi.-
vidually and as Co-Partners doing business as BIXBY &.-CO. of 451 ,,Andover
Street, North Andover,i Massachusetts for $1. 00 and- other,"'good arida-'
valuable consideration paid, release all our righti+ title and.;intere`st,.
if any, to Robert E. Webster, Trustee of Regency Realty._Trust-u/dtt.dated_September
.
9, 1982 of 2 Elm Square, Andvoer, Massachusetts
.The land with the buildings thereon situated in said .North Andover;:;; .
bounded and described as follows:
Beginning at a point on .Andover Street, one hundred:,,', :.
fifty (150) feet north from the north line 'of 'the `"
Holden Lot,; so-called, on said Andover Street,
running Northerly toward the land of C.J. Mahoney,
seven-five• (75) feet;
thence turning at or near a right angle and..ruiining ,
in a straight line westerly one hundred Yseventeen "��. }1lq-,-.; :
(117) feet by land now or formerly.. ofJohn' P1'S`r:.'.
Mahoney; , Rr`f n4 ,j`if
thence turning at or near a right .angle •'and+�running;._..;,�t
southerly seventy-five (75) feet to ' a �point .one
hundred seventeen (117) feet distant from,the -west ,` .,.;.,_:..�, ....•�..__";..
line of Street
said Andover •:�
thence easterly by land now or formerly of Albert E.
Matchmaker; et ux, one hundred seventeen ,•(117) feett
to the poing.cbegun at.
� ,
Being the same premises conveyed. by deed dated Decein" ' ,a"
o ber 27, 1972: and recorded and the Registry..'. Deh
o
for the Northern District of Essex_County 'in Book 1211;
b Page 15.
This conveyance is made subject to and witl the., benefit:,
a,.„(F• .
of all restrictions, easements, conditions;`andYagreements nix ,
z o of record,-,' insofar as the same are now in_Iforce.
applicable. r. .
�`
W bo
rw
Withe s• my ha n d seal this 8th day of Sept
4J J
VICTOR..-,L. •HATEM
p > THE COMMONWEALTH OF MASSACHUSETTS ( i �f r
ESSEX ;,- SS. September,
Then:personally; appeared before me the.. bove'. .named'.:' ictorL
'KrN Hatem,�and acknowledged the foregoing i ent t is freeact' ';� -
and deed before me,.! W
cn cn ANO `PUBLIC ' , ,
r f My commission expires: /117z 1. , .
r-7.
Witness my hand, and seal this 9th day of September, ,1982-
ANY q A t
W H BENJAM ,,
a THE COMMONWEALTH OF MASSACHUSTTS �
,.• � f� .1 "wt3Y;”
P4 0 _
ESSEX,. SS. Se tember 9 Y:+ 12 �
P "�.98
Then personally appeared before me the above named Benjamin Ci"
Osgood, and acknowledged the foregoing instrument to. be` his free„bac `y
and deed before me
n rr1A, A
Yeti•-'Try /�C�' /Cr�� '4- 't.. •,,.'•
1 'h NOTARY ;PUB
My commission expires
ASOIAN & TULLY
ATTORNEYS AT LAW
12 ESSEX STREET
POST OFFICE BOX 31
ANDOVER, MASSACHUSETTS 01810
RICHARD G.ASOIAN ANDOVER (617)475-9100
MARK E.TULLY BOSTON (617) 942-0932
ROBERT W.LAVOIE
AARON A.GILMAN
September 19 , 1983
Board of Appeals
Town of North Andover
Town Hall
North Andover, MA 01845
RE: Application of Robert E. Webster, Trustee of Regency Realty
Trust
Property: 471 and 477 Andover Street, North Andover, MA
Scheduled Hearing Date: September 19, 1983
To the Board:
Request is hereby made on behalf of the above-referenced
Applicant that the above-referenced Application be allowed to be
withdrawn, without prejudice, from consideration by the Board of
Appeals.
Thank you for your consideration in this matter.
Very truly yours,
ASOIAN & TULLY
l.�
Robert W. Lavoie
RWL:pam
Rg_RRL&2JD
POSTE REALTY CORP. , a corporation duly established under the laws of
Massachusetts, and having its usual place of business at 451 Andover
Street, North Andover, Essex County, Massachusetts, for Eighty Five Thousand
($85,000.00) Dollars, grants to Robert E. Webster, Trustee of Regency Realty Trust,
u/d/t dated September 9, 1982 and recorded prior hereto with
quitclaim covenants,
A certain lot of land, with the buildings thereon, situated in
the Town of North Andover, facing on Andover Street, so called, and
bounded and described as follows:
Beginning at a point on said Andover Street seventy-five
(75) feet north from the northerly line of the Holden Lot,
so-called, on said Andover Street, running northerly
.�o toward the line of C.J. Mahoney, seventy-five (75) feet;
Thence, turning at or near right angles and running in a
= straight line westerly one hundred seventeen (117) feet
by land now or formerly of Andrew J. O'Connell;
J
Thence, turning at or near right angles and running southerly
seventy-five (75) feet to a point one hundred seventeen (117)
feet distant from the west line of said Andover Street;
Thence, easterly by land now or formerly of one J.P.S.
Mahoney, one hundred seventeen (117) feet to the point
of beginning.
This conveyance is made subject to and with the benefit of all restric-
tions, easements, conditions and agreements of record, insofar as the
same are now in force and applicable.
Being the same premises described in a deed recorded with North Essex
Registry of Deeds, Book 1255, Page 82.
IN WITNESS WHEREOF, the said POSTE REALTY CORP. has caused its
seal to be hereto affixed and these presents to be signed, acknowledged
and delivered in its name and behalf by VICTOR L. HATEM, its President,
hereto duly authorized this 8th day of September in the year 1982.
SIG P ENCE OjF.- 1 POSTE fitEALTY CORP.
By: b 0- /' -_
VICTOR L. HATEM, PRESIDENT
THE COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SEPTEMBER 8 , 1982
Then personally appeared the above-named Victor L. fiatem, President,
and acknowledged the foregoing instrume be act and deed of
the POSTE REALTY CORP. , before me,
NOTARY 0.
My commission expires:
IN WITNESS WHEREOF, the said POSTE REALTY CORP. has caused its aeaJ 3J
to be hereto affixed and thes : presents to be signed, acknowledged, and
delivered in its name and behalf by BENJAMIN C. OSGOOD, its Treasurer,
hereto duly authorized this 9th day of September in the year 1982.
SIGNED IN THE PRESENCE OF: POSTE REALTY CORP. _
THE COMMONWEALTH 70 � ASSACHUSETTS
ESSEX, SS. SEPTEMBER 9 , 1982
Then personally appeared the above-named Benjamin C. Osguod, Treasurer
and acknowledged the foregoing instrument to be the free act and deed of
the POSTE REALTY CORP. , before me,
NOTARY PIISLIt�—
My commission expires: ,jawi 2G /�Fy
:'ecorded Sept.9,1982 at 4:52PM #9405 Ll
VICTOR L. HATEM
of Salem, New Hampshire for Eighty Five Thousand ($85,000.00)
'
grant to Robert E. Webster, Trustee of Regency Realty Trust, u/d/t dated September
9, 1982 and recorded prior hereto with quitclaim covenants
that land with the buildings thereon situated in said North Andover,
boundedand described as follows:
Beginning g g at a point on Andover Street, one hundred fifty
(150) feet north from the north line of the Holden Lot,
so-called, on said Andover Street, running Northerly toward
the land of C. J. Mahoney, seventy-five (75) feet;
a thence turning at or near a right angle and running in a
straight line westerly one hundred seventeen (117) feet by
land now or formerly of John P. S. Mahoney:
thence turning at or near a right angle and running southerly
seventy five (75) feet to a point one hundred seventeen (117)
feet distant from the west line of said Andover Street:
thence easterly by land nor or formerly of Albert E. Matchmaker
et ux, one hundred seventeen (117) feet to the point begun at,
Beingthe
premises conveyed by deed dated December 27, 1972 and
recorded at the Registry of Deeds for the Northern Registry
District of Essex County in Book 1211, Page 15.
This conveyance is made subject to and with the benefit of all
a restrictions, easements, conditions and agreements of record, inso-
far as the same are now in force and applicable.
Witness my hand and seal this 24th da of August 1982.
THE COMMONWEALTH OF MASSACHUSETTS
ESSEX
- , SS. August 24
1982
Then personally appeared the above named
Victor L. Hatem
and acknowledged the foregoing instrument to be his
_._._ free act and
deed, before me,
fk
{{ 6) ry Public
1' L' My Commission Expires:
9/17/87
c girded S -t.9,1982 at 4 : 521')y 1, 9403