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HomeMy WebLinkAboutMiscellaneous - 485 ANDOVER STREET 4/30/2018 485 ANDOVER ST 2101024.0-0029-0000.0 \ �I . FILLD 0F.CI 1014 DOS: ON, j ' y'-o,,;o;•: �yY JOYCE BRAC-SHAW Any appeal shall be filed CNuSE< TOWN CLERK NORTH ANDOVER within (20) days after the TOWN OF NORTH ANDOVER date of filing of this Notice MASSACHUSETTS SEP ZZ 2 0l PM '91 in the Office of the T Clerk. BOARD OF APPEALS NOTICE OF DECISION Property: 484 Andover St. NAME: DaMe Realty Trust. Date: 9/17/97 ADDRESS: 484 Andover St.. Petition: 015-97 North Andover, MA 01845 Hearing: 9/9/97 The Board of Appeals held a regular meeting on Tuesday evening, September 9, 1997 upon the application of DaMe Realty Trust, requesting a Variance of the requirement of Section 8.1. Paragraph 7, for the purpose of obtaining relief from the standard aisle width of 25' to 15' width of the Zoning Bylaws which is in the B-4 Zoning District. The applicant has submitted a written request to withdraw the application without prejudice. The following members were present: William Sullivan, Walter Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre. The hearing was advertised in the Eagle Tribune on 6/24/97 and 7/1/97 and all abutters were notified by regular mail. Upon a motion by William Sullivan and seconded by Walter Soule, the Board voted to allow. the applicant to WITHDRAW WITHOUT PREJUDICE. Voting in favor: William Sullivan, Walter Soule, Robert Ford, Scott Karpinski, Ellen McIntyre. BOARD OF APPEALS, William J. Sullivan, Chairman /testdec/l 2 } 4 NOR T,y Of• 3 + 0 »=—? JOYCE Y REdf; :---`,'�AW TOWN CLEnN 3ACHUS All NORTH ANDOVER ... ,SSAC HUSE� TOWN OF NORTH ANDOVER JAN ZO 390, 'yd MASSACHUSETTS BOARD OF APPEALS Any appeal shall be filed within 1201 days after the NOTICE OF DECISION date of filing of this Notice Property: 485 Andover St. North Andover, MA in the Office of the Town Clerk. NAME: DaMe Realty Trust DATE: 1/14/98 ADDRESS: 485 Andover St. PETITION: 047-97 North Andover, MA 01845 HEARING: 1/13/98 The Board of Appeals held a regular meeting on Tuesday evening, January 13, 1998, upon the application of DaMe Realty Trust, 485 Andover St., North Andover, MA as a Party Aggrieved, for review of a decision made by the Building Inspector, or other authority, of Paragraph 7, Section 8.1 to allow construction of a 25 foot driveway, of the Zoning Bylaws. The following members were present: Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone, and Ellen McIntyre, The hearing was advertised in the Lawrence Tribune on 9/30/97 & 10/6/97, and all abutters were notified by regular mail. Upon a motion made by Raymond Vivenzio, and seconded by Ellen McIntyre, the Board voted to uphold the decision of denial made by the Building Inspector. The applicant's petition was denied because of deficiencies in the site plan as noted in the decision of the Building Inspector, including failure to submit plans sufficient to determine required number of parking spaces, failure to submit and define necessary easements, aisle widths not shown, and failure to satisfactorily address other stated reasons for denial. Voting in favor. Walter F. Soule, Raymond Vivenzio, Robert Ford, Ellen McIntyre, voting opposed: John Pallone. BOARD OF APPEALS � • Walter F. Soule, acting Chairman ml/decoct/3 NORTH O ; A 4,9SSACHUSES� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Stevens Memorial Library located at 345 Main Street, North Andover, MA. on Tuesday the 8th day of July 1997 at 7: 30 o' clock P.M. to all parties interested in the appeal of DaMe Realty Trust of 485 Andover Street, North Andover requesting a Variance from the requirements of Section 8. 1 paragraph 7, in B-4 Zoning District of the Zoning Bylaw. Said premise is located at 485 Andover- Street which is in the B-4 Zoning District for the purpose of obtaining relief from the standard aisle width of 251 to 15 ' width. Plans are available for review .at the Office' of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals William J. Sullivan, Chairman TOWN OF NORTH MASSACHUSETTS wish Lawrence Eagle Tribune 6.24 .97 & 7. 1.97 BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a pub- lic hearing at the Stevens Memorial Library located at 345 Main Street, North Andover,MA.on Tuesday the 8th day of July 1997 at 7:30 o'clock P.M.to all parties interested in the appeal of DaMe Realty Trust of 485 Andover Street, North Andover requesting a Variance from the requirements of Sec- tion 8.1 paragraph 7, in B- 4 Zoning District of the Zoning Bylaw. Said premise is located at 485 Andover Street which is in the B-4 Zoning District for the purpose of obtaining relief from the standard aisle width of 25' to 15' width. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals William J.Sullivan, Chairman E-T — June 24; July 1, 1 1997 LAW OFFICES DO PETER J. CARUSO �77M � s ONE ELM SQUARE �®��� �� ���� �� ANDOVER,MASSACHUSETTS 01810 ® "a""., PETER J.CARUSO TEL: (508)475-2200 PETER J. CARUSO II FAX:(508)475-1001 September 12, 1997 Zoning Board of Appeals Town of North Andover North Andover, MA 01845 RE: 485 ANDOVER STREET Dear Board Members: This letter will confirm that on September 9, 1997, Barbara MacDonald, Trustee of Dante Realty Trust, requested the allowance of a Motion To Withdraw Without Prejudice of the pending appeal before the Board. The Motion was allowed by the Board. Sincere y, Peter J. Caruso --� PJC/sd 'A0 IL 1.1 Any appeal shiall be filed witilin (201, c,,�Ws after the AMILM t�jjs Notice C,at C' 1855 ►N the Town CHU in t h,:,, Oike Of Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition No.. . . . .03.6:-.9.3 . . . . . . . . . . Date of Hearing. . September. 14.,. .1993 Petition of . . .IP4Xe .9P41tY. Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected 485 .ATdqver.Stree.t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Sec.tion.8.1. .(7) .apd. T,able .2. of. .the .Zoning .Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit construction of.a. f if.teen. (15.). -f oot. d.r.iveway. and •to-allaw -pavement within. the .50.'. buffer. zone .between .Town. of. Andover. -residentlal •zone. and Town. . . . of North Andover business zone. After a public hearing given on the above date, the Board of Ap p6als voted to . . .DENY. . . . . the .variance. . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . .Dante.Realty Trust.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed . . . . . .Willi.a.m S.ulliv.a.n.,. Vice7chairrrian. Walter. Soule,. Clerk. . ... . . . . . . . . . . Robert. Ford. . . . . . . . . . . . . . . . . . . . . . . . . .Jobri. Pallone. . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals � t LEONARD KOPELMAN KOPELMAN AND PAIGE, P.C. KAREN V KELLY DONALD G PAIGE DEBORAH A. ELIASON ELIZABETH A LANE ATTORNEYS AT LAW JEANNE S MCKNIGHT JOYCE FRANK JUDITH C CUTLER JOHN W. GIORGIO 101 ARCH STREET ANNE-MARIE M HYLAND BARBARA J. SAINT ANDRE RICHARD BOWEN JOEL B. BARD BOSTON. MASSACHUSETTS 02110-1137 CHERYL ANN BANKS EVERETT J. MARDER BOSTON OFFICE DAVID J. DONESKI 16171 951.0007 BRIAN W. RILEY JOSEPH L. TEHAN. JR. FAX 16171 951-2735 KIMBERLY A. HOLLIDAY WILLIAM HEWIG III MARY L. GIORGIO THERESA M. DOWDY NORTHAMPTON OFFICE KATHLEEN E_ CONNOLLY PATRICK J. COSTELLO 14131 585-8632 JOHN G. GANNON WORCESTER OFFICE 15081 752.0203 October 22 , 1993 Clerk Land Court Room 408 Old Court House Boston, MA 02108 Re: DaMe Realty Trust v. North Andover Board of Appeals Land Court Docket No. 199418 Dear Sir/Madam: Enclosed for filing in the above entitled matter is a Notice of Appearance. Kindly file same. Thank you for your attention to this matter. Very truly yours, Joel B. Bard JBB/DJD/lg Enc. cc: Town Manager �„�... Board of Selectmen Zoning Board of Appeals Peter J. Caruso, Esq. OCT 2 61993.. BOARD OF APPEALS PRINTED ON RECYCLED PAPER or " ft 1j _� - " JQ COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS LAND COURT DEPT. DOCKET NO. 199418 DaMe REALTY TRUST, by BARBARA G. MacDONALD, TRUSTEE, Plaintiff NOTICE OF APPEARANCE V. WILLIAM J. SULLIVAN, WALTER SOULE, ROBERT P. FORD and JOHN PALLONE, AS THEY ARE ALL MEMBERS OF THE BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER, Defendants TO THE CLERK OF THE ABOVE-NAMED COURT: Please enter our appearance as attorneys for the Defendant North Andover Board of Appeals and its members in the above entitled matter. TOWN OF NORTH ANDOVER BOARD OF APPEALS By its attorneys, �BBC Jel B #029140) Da 'd J. Doneski (BBO #546991) Kopelman and Paige, P.C. Town Counsel 101 Arch Street Boston, MA 02110 (617) 951-0007 CERTIFICATE OF SERVICE I hereby certify that on the below date, I served a copy of the foregoing Notice of Appearance, by mailing a copy, postage prepaid, to the following: Peter J. Caruso, Esq. Law Offices of Peter J. Caruso One Elm Square Andover, MA 01810 DATED: Jo k B Bard Any appeal shall be filed Witain (20( clays after the RECSIVEII) NORTH DANT L LOBE daft.. cf Pring of t.fis Notice Fro. .. a09 TGA» C Lt 0, in thv 0i Pice of the Town NORTR ,,.npOYER • �� �p 49 AM '93 - . • Sir ? S9SS^CHUSE�5 j TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************** * DaMe Realty Trust * DECISION 485' Andover Street North Andover, MA 01845 * Petition #036-93 * **************************** The Board of Appeals held a regular meeting on Tuesday, September 14, 1993 continued from July 13 and August 10, 1993 upon the application of DaMe Realty Trust requesting a variation of Sec. 8 . 1(7) and Table 2 , FN3 of the Zoning :Bylaw so as to permit construction of a 15 ' driveway and to allow pavement within the 50 ' buffer zone between Town of Andover residential zone and Town of North Andover business zone on the premises located at 485 Andover Street. The following member's were present and voting: William Sullivan, Walter Soule, Robert Ford and John Pallone. The hearing was advertised in the North Andover Citizen on June 29 and July 7, 1993 and all abutters were notified. Upon a motion to grant the variance as requested, made by Mr. Soule and seconded by Mr. Ford, the Board voted unanimously to DENY the motion on the grounds that the petitioner showed no hardship as required by Section 10, Paragraph 10. 4 of the Zoning Bylaw. The Board determined that the granting of the requested relief would cause _.substantial detriment to the public good and . derogation from the intent or purpose of the Zoning Bylaw Zy view of the adjacent residential district and inadequate ingress and egress over the proposed . diminished driveway resulting in .- potential traffic congestion and accident. Dated this 28th day of September 1993 . BOARD OF APPEALS William Sullivan Vice-Chairman Any appeal shall be filed 'Within (20) clays after the NOA rH date of filing of this Notice o? o In the Office of the Town ; Clerk. 7 •i.. 14 ssACHUs� TOWN OF NORTH ANDOVER MASSACHUSETTS L C__ BOARD OF APPEALS w -+;_1 * r"j _• •' Armand J. Rossetti, Jr. , et al 11 Hansom Road * Petition 11155-90 U' Andover, MA 01810 ******************************** DECISION _ =o The Board of Appeals held a public hearing on Tuesday evening, June 11 and - July 9, 1991 upon the application of Armand J. Rossetti, Jr. , et al as a Party Aggrieved of the Zoning Bylaw so as to permit a review of a decision made by the Building Inspector regarding property at 485 Andover Street. The following members were present and voting: Frank Serio, Jr. , Chairman,' Raymond Vivenzio, Anna O'Connor and Robert Ford. The hearing was advertised in the North Andover Citizen on May 11 and 29, 1991 and all abutters were notified by regular, mail.' Evidence was heard at the public hearing, from an abutter, that 6-7 people were living in the residence as evidenced by the number of vehicles in the driveway of the premises. Also, tenants of the property told the abutter, Mrs. McNulty, that five (5) people were on the lease, The lease submitted by the party aggrieved is a recent lease, dated after the notice of viola- tion. There was substantial evidence, including the log of the Merrimack College Security Police, that partying, drinking and loud get-togethers have been commonplace on the premises for a long period of time. There is evidence of numerous transients at the property. f, • The petitioner's position that the property has only been used as a single~ • . # family residence is untenable, as the described activities are more closely akin to and are tantamount to the operation of a fraternity house. While the owner/applicant may not be agreeable to .permitting this use under the lease, it is evident that such use is what is actually occurring there, presumably under the aegis of the tenants. Sponsorship notwithstanding, the use is not that of a single family residence. See definition of Family (Sec.2.37) in the bylaw. As a result, upon motion of Raymond Vivenzio, seconded by Anna O'Connor, the board voted unanimously to uphold the decision of the Building Inspector. Dated this 23rd day of July, 1991 BOARD OF APPEALS Frani Serio, Jr. Any appeal shall be filed ' sans EXHIBIT $ wit'iin (20) days after the date of filing of this Notice ►►��t���� in the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS T BOARD OF APPEALS • � «tis'•^ NOTICE OF DECISION `" cn Date . . 17 1991 . . . . . .. .. . Petition . . . . . . . . .. . Date of Hearing..July, .9, Petition of . . A.r.R►and.J.. RoS s e t t i.,. AK, p.t. .al Premises affected . . . . .485. Andover. 5.treet,. N.o.r.th.AudQxer, .MA, , Referring to the above petition for a variation from the requirements of the . . . . . . , . . . . . Narth.Andaver.Zoning .By-Law. . . . . . . . . . . . . . . . . . . . so as to permit . . .a .review. .o£ .a. decision.made .by', the. .Building. ,Inspector, , , •, , , ,, , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./ . .. . . . . . . , After a public hearing given on the above date, the Board of Appeals voted to . .UPHOLD , . ; the' . . . . decision. of. the. Building. Ins.R. a!4dxh&uyXKj(Qh`b` X1 Ui�ii�i i . I �ea�x�I�wct�Yx xitxc� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . i�tt�cat+�txao�to�xx�t��uex�►tc�e� . . �oecAtlla�ix�x� ; A Truo Copy Signed �,L ` Fran Serio, Jr. , C� a rman " . • Raymond Vivenzio TownClerk . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . ... ... Anna O'Connor Robert P. Ford . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals � � w 41KTf17175% (20) tra .,� died REGtiv� + S after the DAIIIFL 34 date of filing of this Notice N°pTti, OWN CI_Ei1 —tn`th` ti e Office of the TOWn 3= NQRIH ANuo ° .Clerk, ' 4 110 �:' Mai i I IZ o� �r•'SS^C HUS't TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * * Andrew & •Irene Soucy * Petition: #57-89 485 Andover St. N. Andover, MA 01845 * DECISION •: The Board of Appeals held a public hearing on May 9, 1989 upon the application of Andrew & Irene Soucy requesting a variation from the requirements of Seciton 7, Paragraph 7.1, 7.2 and 7.3 and Table 2 of the Zoning Bylaw so as to permit relief from area, frontage and setbacks for B-4 district on the premises located at 485 Andover Street. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis Rissin. d The Hearing was advertised in the North Andover Citizen on April 20'4ind April 27, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted, f: unanimously, tgsJ`'the variances subject to the following conditions: . 1. Parking for ten (10) cars be provided. 2. The garage as shown on the plans be razed. 3. The second floor of the building be restricted to storage only. The Board finds that granting these variances will not adversely affect the neighborhood nor derogate from the intent and purpose of the Zoning Bylaw. Dated this 11th day of May, 1989. BOARD OFPEALS 4 1 L4 l .i,. WilliamS llivan Acting C irman D � MAY 1 7 AQP l BUILDING DEPARTMENT -420) clays after the Norma RECEIVE^ i, °` r ,bf filing of this Notice ;` '' `•'� pANIFL LONG .he Office of the Town w`A 'o TOWN jjj Cj.F VER .erk, f. 165.5 NOR 89 ""°54 MaY 1112 ul PM ' . TOWN OF NORTH ANDOVER Y;', MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Andrew b Irene Soucy 485 Andover St. Date • • . May, ,11,, 1989 N. Andover, MA 01845 Petition No.. , .57-89. .. . . . . . . . . . . . . . . . . . Date of Hearing. , May 9, 1989 . Petition of . . . . . . .Andrew. .Irene. S.oucy. . . . ... . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . Premised affected . . . .485. Andover. S.t.. . . . . . . . . . . . . . . . . . .. . . . Referring to the above petition for a variation from the requirements ofbe , Section. 7.,. . Paragraph 1,2 and 3 and Table 2 of the Zoning Bylaw . . . . . .. . . . . . . . . . . . . . . . . . . . . so ae to Pmt . -relief- from-area. f ro n t age .and. se.tbackc. for. .B4 .district. ... . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , After a public hearing given on the above date, the Board of A , Plc voted to . .GRANT . . . : the r. variance as requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to bm a w penWt to Andrew & Irene Soucy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1. Parking for ten (10) car be provided. 2. The garage as shown on the plans be razed. 3. The second floor of building be restricted to storage only. . Signed �•� IV � . . . . . .William. Sul ivan,.Ac.ting.chaixxlu. . . . . .Augustin . Nlckerson.,. .Clerk. . . . . . . . . . . . .Walter .Soule. . . . . : . . . . . . . . . . . . . . . . . . .Anna .0'.Connox ... . . . . . . . . . . . . . . . . . . Louis .Rissin . . . . . . . . . . . . . . . . ... . . .. Board o/Appea(4 e1",H uriieal--1V ;i0c,IYS after the °"'lDTKAONWCIlN.E LCIi_.E�JAigofthis Notice N t; NORTH ANUG Office of the t. Town SA S TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ************************ * Andrew b .Irene Soucy * Petition: #57-89 485 Andover St. N. Andover, MA 01845 * DECISION • * * ************************ The Board of Appeals held a public hearing on May 9, 1989 upon the application of Andrew b Irene Soucy requesting a variation from the requirements of Seciton 7, Paragraph 7.1, 7.2 and 7.3 and Table 2 of the Zoning Bylaw so as to permit relief from area, frontage and setbacks for B-4 district on the premises located at 485 Andover Street. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis Rissin. The Hearing was advertised in the North Andover Citizen on April 20'and April 27, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted, ;. • unanimously, tgr#MWthe variances subject to the following conditions: J: 1. Parking for ten (10) cars be provided. 2. The garage as shown on the plans be razed. 3. The second floor of the building be restricted to storage only. A The Board finds that granting these variances will not adversely affect t'he neighborhood nor derogate from the intent and purpose of the Zoning Bylaw. Dated this 11th day of May, 1989. BOARD -,OF PEALS 4 . � 1 William S llivan Acting C irman MAY 1 -7 ♦ Y b BUILDING DEPARTMENT if shall be filet)., yeas E:QiIBIT "B" ;0) days after the :;�1cii� filing of this Notice TOWN OF NORTH ANDOVER f Office of the Town MASSACHUSETTS BOARD OF APPEALS C _ NOTICE OF DECISION in _V to Date . . July, Petition Date of Hearing. .Ju;yx .9, Petition of . . . Xmin4 J,. Ro$$ett�,. . '. . . . . . . . . . . . . . . . . . . . Premises affected . . . . .485. Andover. S.t.reet, . No.r.th ..Aadoxer, .riA. . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . . North.AndA.ver .Zoning .By-Law. . . . . . . . . . . . . . . . . . . . . so as to permit . . .a review. of .a. decision. made .by'. the. Building, Inspecta=. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .UPHOLD . . ; the' . . . . decision. oL the. Building.. Insp. at4>iXli #Xg�YQf�`b`E}f X�B Com+ �XBt {�dC}£i(ai 'C7t �et�ikXbb .; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �w 1�c�eCxanstxaa�tooX.Y�t�eXatx��eXcee�d�e�x .-K . �xix�Drec&t0a�ixg.x�xdltlt�c ATTESTS A True Copy Signed Fran ;Serio, Jr. , a rman 1 Raymond Vivenzio Town Cler}c . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Anna O'Connor Robert P. Ford Board of Appeal 3 Any aPPea! s".al! be file-4 Nur;H�� wit' ,i,l (201 � Pr!s after the :3,`#04"R,qj-, � t Notice A ���r• ;�� 1G, tris . 's, iaas ; ' NOR-, '� s' _ •�, , in thy: vf��i.C. of the Town ►,sgcnug ,�' {� Clerk. '�...•�� SEP ZQ TOWN OF NORTH ANDOVER a • MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition No.. . . . . 036-.9.3 . . . . . . . . . . Date of Hearing. . September. 1.4.,. .19 9 3 Petition of . . . D)4Ke„Realty, Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected 485 .Andov.er .Stree.t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Sec-tion.8.1. .(.7) and. Table ,2. of. .the .Zoning .Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit construction .of .a. fifteen. (15.). .foot. driveway, and .to.allaw .pavement within. the .50.'. buffer. zone .between .Town. of. Andover. .r.esident.ial .zone. and Town of North Andover business zone. After a public hearing given on the above date, the Board of App&Ls voted to . . .DENY. . . . . the variance and hereby authorize the Building Inspector to issue a permit to DaMe Realty Trust. . . . . . . . . . . . . . . . . . . Signed William Sullivan.,, Vice-chairman. Walter. Soule,. Cle.rk . . . . . . . . . . . . . . Robert. Ford. . . . . . . . . . . . . . . . . . . . John. Pallone . . . . . . . . . . . Board of Appeals RECL"IVE� appeal shall be filed S '� JOYCE Bf?AGSHAW p,n y ppe ' SCHUSE �5 TOWN CLERK within (20) days after the TOWN OF NORTH ANDOVER NORTH ANDOVER date of filing of this Notice SEP ZZ 2 O1 in the Office of the Taub MASSACHUSETTS EIPrk BOARD OF APPEALS NOTICE OF DECISION Property: 484 Andover St. NAME: DaMe Realty Trust Date: 9/17/97 ADDRESS: 484 Andover St.. Petition: 015-97 North Andover, MA 01845 Hearing: 9/9/97 The Board of Appeals held a regular meeting on Tuesday evening, September 9, 1997 upon the application of DaMe Realty Trust, requesting a Variance of the requirement of Section 8.1 Paragraph 7, for the purpose of obtaining relief from the standard aisle width of 25' to 15' width of the Zoning Bylaws which is in the B-4 Zoning District. The applicant has submitted a written request to withdraw the application without prejudice. The following members were present: William Sullivan, Walter Soule, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre. The hearing was advertised in the Eagle Tribune on 6/24/97 and 7/1/97 and all abutters were notified by regular mail. Upon a motion by William Sullivan and seconded by Walter Soule, the Board voted to allow the applicant to WITHDRAW WITHOUT PREJUDICE. Voting in favor: William Sullivan, Walter Soule, Robert Ford, Scott Karpinski, Ellen McIntyre. BOARD OF APPEALS, e� William J. Sullivan, Chairman /1estdec/12 tI I I <<5 :Noll b f .-._...- 07 y • ''A -� f' TOWN CCEKK NORTH ANDOVER SSACHOSE r TOWN OF NORTH ANDOVER JAN ZO 11 39aN 'y8 MASSACHUSETTS BOARD OF APPEALS Any appeal shall be filed within(20)days atter the NOTICE OF DECISION date of filing of this Notice Property: 485 Andover St. North Andover, MA in the Office of the Town Clerk. NAME: DaMe Realty Trust DATE: 1/14/98 ADDRESS: 485 Andover St. PETITION: 047-97 North Andover, MA 01845 HEARING: 1/13/98 The Board of Appeals held a regular meeting on Tuesday evening, January 13, 1998, upon the application of DaMe Realty Trust, 485 Andover St., North Andover, MA as a Party Aggrieved, for review of a decision made by the Building Inspector, or other authority, of Paragraph 7, Section 8.1 to allow construction of a 25 foot driveway, of the Zoning Bylaws. The following members were present: Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone, and Ellen McIntyre, The hearing ri was advertised in the Lawrence Tribune on 9/30/97 & 10/6/97, and all abutters were notified by regular mail. Upon a motion made by Raymond Vivenzio, and seconded by Ellen McIntyre, the Board voted to uphold the decision of denial made by the Building Inspector. The applicant's petition was denied because of deficiencies in the site plan as noted in the decision of the Building Inspector, including failure to submit plans sufficient to determine required number of parking spaces, failure to submit and define necessary easements, aisle widths not shown, and failure to satisfactorily address other stated reasons for denial. n Voting in favor. Walter F. Soule, Raymond Vivenzio, Robert Ford, Ellen McIntyre, voting opposed: John Pallone. r BOARD OF APPEALS Walter F. Soule, acting Chairman mUdecoct/3 ' �►V�J',/'� �'��`r 1� 'fir_..(•/.err'•. < , ST.ANN QQ' t APARTMENT ° 0 _ COMPLIE& w v j ST.THOMAS 'I.AYING FIEL05 b�- •� RE ff' TENNIS MONIC.4N CENTRE y r (Fnilni,c HnlQ, v - - Itio r A ,4>¢ ,� sq c'• -�� I -e ^r✓x �� v0 E PH�YSIC.4L EDUCATION CE TIER � x MAIN PARKING LOT -,,z::CASCIA HALL ,� �� v `vHOUSBCi _ q: MENDEL CENT ` f AMEL HEALTH CENTER "I � ScirncF anJ£ MU'stir H O'REILLY 4, Y S HALL u GGG 111 z '� a — FINANCIAL AID z Gildea Hall w4 Mo/vADE GILDER HALL Third Floor LIBRARY r . q� CONTINUING EDUCATION suulvAv' u U ' OReilly Hall k HALL S� t r _ r - CUSHING First Floor o AUSTIN HALLr i'';� 4 z Merry hack I C O L L E G .rte North Andover, Massachusetts 1, zCOLLEGIATE CHAPEL PARKING ' r LU( .` S(= �t•;.�,f lF'CGr' �c� . ..��ry�•...c.ii,'',:;f':•':.Yr.l�Ji'' ... .. J To AnJo,,cr Cm,:, (t0 ANDOVER ST. NO ANDOVER ELM ST..ANDOVER soil low,, 129 To Rowc — d -J- �!•r , (' a THE PRESIDENT'S/HOU5L •.may ,,�,.y s > S50 YRS �OORr COrc OF o NORTH ANDOVER FIRE DEPARTMENT F- p * CENTRAL FIRE HEADQUARTERS 124 Main Street �SSACHus��c North Andover, Mass. 01845 WILLIAM V. DOLAN Chef of Department Tel. (508) 688-9593 Fax (508) 688-9594 To: William Sullivan, Chairman Zoning Board of Appeals From: Lieutenant Andrew Melnikas Fire Prevention Officer Re: Andover Street-garage removal Date: September 11, 1997 I have reviewed the plans for 485 Andover Street and the Fire Department has no problem with the proposal for this site. Lt. Andrew Melnikas, Fire Prevention Officer 1921 - 75 YEARS OF SERVICE - 1996 a 3 a " cif g � d3S o`poRrN q�'O NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street SSgcHus�� N©rth Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department Tel. (508) 686-3812 To: Frank Serio, Chariman North Andover Board of Appeals From: Chief Dolan Re: 485 Andover St. Date: August 18, 1993 We have reviewed. the driveway for this facility and due to its use and proposed width we have no objection to it as proposed. Thank you for your consideration of fire protection in this review. William V. Dolan Fire Chief ''SMOKE DETECTORS SAVE LIVES" Joseph D. LaGrasse & Associate �, Architects • Engineers * Land Planner, 1 Elm Square I # Vff i Andover, Massachusetts 01810-3609 Phone: (508) 470-3675 BOARD OF APPEA�_� - A. ,4, pry August 8, 1997 Attorney Peter J. Caruso One Elm Square Andover, MA 01810 RE: MacDONALD & LAVERS PARKING AREA Dear Peter: The configuration of the driveway entrance and the rear parking area shown on my proposed site layout is appropriate for this application. Several reasons can justify the adequacy of the solution designed. First, I have enclosed a copy of the design standards for driveways, private roads and turns. The proposed entry road is 20 feet wide and wider than the minimum 18 feet. Second, we have added a yellow painted line to denote an access lane and an egress lane. With the volume of traffic less than one car per several minutes, separate lanes are not necessary but would assist in directing access to the rear of the lot. Third, the 16 foot driveway is ample for two bypassing cars along the existing structure. The condition would improve if a sign facing the car from the rear was posted at the corner of the building and read "Caution Keep Right For On-Coming Car". A similar sign can be posted at the front access. With the above noted safeguards coupled with the adequacy of the driveway width, I believe the design is safe and within standard practice. Sincerely, Joseph D. LaGrasse JDL/sd Joseph D. LaGrasse & Associates 1, W1 1 1997 Architects • Engineers - Land Planners l___ 1 Elm Square s ;° r'1 Andover, Massachusetts 01810-3609 Phone: (508) 470-3675 /* f(>PA d ry August 8, 1997 Attorney Peter J. Caruso One Elm Square Andover, MA 01810 RE: MacDONALD & LAVERS PARKING AREA Dear Peter: The configuration of the driveway entrance and the rear parking area shown on my proposed site layout is appropriate for this application. Several reasons can justify the adequacy of the solution designed. First, I have enclosed a copy of the design standards for driveways, private roads and turns. The proposed entry road is 20 feet wide and wider than the minimum 18 feet. Second, we have added a yellow painted line to denote an access lane and an egress lane. With the volume of traffic less than one car per several minutes, separate lanes are not necessary but would assist in directing access to the rear of the lot. Third, the 16 foot driveway is ample for two bypassing cars along the existing structure. The condition would improve if a sign facing the car from the rear was posted at the corner of the building and read "Caution Keep Right For On-Coming Car". A similar sign can be posted at the front access. With the above noted safeguards coupled with the adequacy of the driveway width, I believe the design is safe and within standard practice. Sincerely, Joseph D. LaGrasse JDL/sd 48 Driveways, Private Roads and Turns GENERAL NOTES: Types and sizes shown are for easy driving at moderate rate. See page on car sizes for turning radii of cars. "R"=This radius. Overall sizes are shown in terms of radii for preliminary assumptions. Any decrease in radii will decrease speed of driving. PUBLIC ROAD PUBLIC ROAD PUBLIC ROAD p OQ ` �� O .ct' p O `OcA O O O \pj' 2° �o.�'iL \h O 2° 00 O., 0Q o,, O� .e MIN. MIN. TWO CAR WIDE ROAD ONE CAR WIDE ROAD DIAGONAL ENTRANCE PRIVATE ENTRANCE ROADS INTERSECTING PUBLIC THOROUGHFARES SCALE: 1""40'-0" Construction point locations are found by intersect 3'/¢RADII ing solid arrows;dotted arrows are radii from these LANDING points for curves. \2 I I ° O cl\� I m I ,O MAY BE rp / , F \ I NO PARKINGI O S. O,\t i REQUIRED ,PARKING E PARKING\ It / O Z Z \ cc) / MIN. MIN. I'/2 RADII 10'-O" MIN. NO LANDING-CROSSOVER LANDING OPPOSITE APPROACH LANDING ON SIDE LANDING MAY BE HAD BY BACKING ONLY LANDING AT THE END BY BACKING ONLY '\ 4 RADII \ 4 RADII LANDING / \ PARKING Z PARKING AREA Z Q Z AREA LANDING N / / - LANDING ON ONE SIDE OF APPROACH LANDING ON LINE OF APPROACH TURNAROUNDS-ONE CAR WIDTH-DOUBLE ROAD WIDTH FOR TWO CARS PRIVATE ROADS, DRIVES 91 TURNAROUNDS SCALE:1"-40'-0" REOrnVED 'J%E BRADSHAW 4WN CLERK NORTH ANDOVER Received by Town Clerk: JUN +l 1139 AN '97 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant DaMe Realty Trust Address 485 Andover Street Tel . No. c/0 508/475=2200 1 . Application is hereby made : a) For 'a variance from the requirements of Section 8.1 Paragraph 7 and Table 2 of the Zoning Bylaws . b) For a special Permit under Section Paragraph of the Zoning Bylaws . c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a) Premises affected are land X and building (s) X numbered 485 Andover Street 9 ?. . b) Premises affected are property with frontage on the - North ( ) South (X) East ( ) west ( ) side of Andover Street . Street , and known as No . 485 Andover Street Street . c) Premises affected are in Zoning District B4 and the premises affected have an area of 20,178 square feet and frontage of 75.92 feet . 5 of 8 Rev. 06 . 03 . 96 ' a a 3 . Ownership: ner (if joint ownership, give all a) Name and address of ow names) : Barbara G. MacDonald Trustee of DaMe Mal.ty Trust Date of Purchase 5/24/93 Previousclec hi er Arme n Brest setti, Jr. b) 1 . If applicant is not owner, in the premises : Prospective Purchaser Lessee Other 2 . Letter of authorization for Variance/Special Permit required. 4 . size of proposed building : 3_0-6-- front ; 32__6_. feet deep; Height 2 stories ; _ 2_5— feet ' a) Approximate date of erection: 1962 ± b) Occupancy or use of each floor : Office c) Type of construction : Wood 5-. Has there been a previous appeal under zoning, on these premises? Yes If so, when? 4/93 sought on petition Allow 6 , aiof rel construction of a fifteen 15 foot w 7 . Deed recorded in the Registry of DeBeS] c in Boo P 3g7eE rags 27 Land Court Certificate No . The principal points upon which I base my application are as follows : (must be stated in detail) 1. Width of existingdriveway i 2 si(22,te lanved 5' border . 2. Plannin�Boar�dhg3. Pro osemanagement company. I agree to pay the fi fee , ertising in newspaper, and incidental ses* s.1. n a 1 17 'eti.t:i.one . 6 01- �3 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: B4 (Business 4) Required Setback Existing Setback Relief - or Area or Area Requested Lot Dimension Area 20,178 sq. ft. Street Frontage 72.92 ft. Front Setback 27 ft. 'Side Setback(s) 13ft. ± Rear Setback Building Gross Floor Area 1,494 sq. ft. Width of Driveway 25 ft. 15 ft. The requested relief is a decision that the off street parking regulations do not apply, and therefore, a driveway of fifteen feet in width is permitted, rather than the twenty five foot width under section 8.1 (7) of the By-Law. 7 of 8 RP,r n to - 9h CERTIFIED FOUNDA TION PLAN LOCATED /N ►�to,Z.-�-►� a,�n o„ , r•cG, SCALE / _ DATE s 12.4-Lq3 Scott L. Gi/es R.L.S. 50 Deer Meadow Road North Andover,Mass. I I I T -T 7 -T- F- CERTIFY TFCERT/FY THAT OFFSETS SHOWN ARE FOR THE USE THE OFFSETS OF THE BUILDING/NSPEC TOR ONL Y SHOWN COMPLY AND SUCH USE/S FOR THE I WITH THEZON/NG DETERMINATION OFZON/NG BY LAWS OF CONFORMITY OR NON-CONFORM/TY WHEN rn/V.STR//rTF/? t u"° I i r :)F PARTIES OF INTEREST I CT PROPERTY ADDRESS PARCEL LOT NAME S N l 0 v lit -r' iER ADDRESS I PARCEL LOT NAME OF F ZC 6 P# �R`tl J 8F NoR u'DwER — ru ov rSAS�i - I I oZ D 0 �. n� ✓�T or 3 wit ►M + Cln -po hec a u c K ' _ oil 3 / '�► ° �, a ; r f c7 n war vol +, ✓�/► - OV i e • I BOARD OF ASSESSORS • TOWN OF ANDOVER CERTIFICATION OF ABUTTERS PETITION#: TEWKS PRINTED 23-JUN-97 09:12:10 PAGE: 1 PETITIONER: PETER J CARUSO II PETITIONER'S ADDRESS: ONE ELM SQUARE, ANDOVER, MA 01810 OWNER: FRAN MCNULTY OWNER'S ADDRESS: 200 ELM STREET, ANDOVER, MA MAP & PARCEL: MAP 2 PARCEL 49 - NORTH ANDOVER f MAP PARCEL UNIT PROPERTY OWNER MAILING ADDRESS I 1 5 AUGUSTINIAN COLLEGE 175 S HAVERHILL ST THE MERRIMACK VALLEY ANDOVER MA 01810 F i., 2 48 MERRIMACK COLLEGE INC TURNPIKE RD ry NO ANDOVER MA 01845 l 2 49 MCNULTY, FRANCIS A 200 ELM ST JOANNA M MCNULTY ANDOVER MA 01810 2 50 DAME REALTY TRUST 485 ANDOVER ST BARBARA G MCDONALD TR NORTH ANDOVER MA 01845 { 2 51 AUGUSTINIAN COLLEGE N/E ELM ST / THE MERRIMACK VALLEY ANDOVER MA 01810 TOWN OF NORTH ANDOVER I hereby certify the above list of abutters as they appear on the most recent tax list of the Town of Andover. i Susan E. Moore Assistant Assessor JUN 231997 i ,bz i� {i i it store and service 6 per 1000 square feet ''•. ablishments. GFA except 5 per 1000 square feet GFA in Business 1 and 2 :..; General Business. .i Offices 1 space per X00 square i feet of GFA. Medical Offices and 3 Spaces per 1000 square Research facilities feet GFA plus one space per employee. i ;i Warehousing, Wholesaling, 1 space per 500 square distributing feet GFA. Manufacturing, assembly, 1 space per 2 employees ;? fabrication, etc. in the minimum working I7 shift or 1 space per 1, 000 GFA whichever is greater. i 3 . The required parking for any two (2) or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a common parking facility, cooperatively established and operated. 4 . The regulations of this section shall not apply to non-residential uses or structures whose minimum parking under the above schedule would amount to five (5) parking spaces or less or residential uses or structures whose minimum parking would amount to two (2) parking spaces or less . 5 . If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accommodate the automobiles of all customers, employees , visitors , occupants , members or clients consistent with the provisions contained in the above schedule. 6 . The Board of Appeals may by variance make exceptions to the provisions of this section and , upon a written request of the owner and after a public hearing, authorize the Building Inspector to issue permits for buildings and uses having less off-street parking than specified herein, whenever the Board of Appeals finds that under normal circumstances such lesser off-street parking area would adequately provide for the needs of all persons using such building. Such exceptions may be limited as to time, use or intensity of �i use. ny A appeal eal shall be filed � within (20) clays after the RECSIV1I:n t` Notice NORTH u:L. yYV daV of filing of t; �S ?°e���LO et° T0VII O the Town i,. 'DOVER in the ���ice of o � NOR a�+ Clerk. .- . X93 49 � SSACHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************** * DaMe Realty Trust * DECISION 485 Andover Street North Andover, MA 01845 * Petition #036-93 **************************** The Board of Appeals held a regular meeting on Tuesday, September 14, 1993 continued from July 13 and August 10, 1993 upon the application of DaMe Realty Trust requesting a variation of Sec. 8. 1(7) and Table 2 , FN3 of the Zoning Bylaw so as to permit construction of a 15 ' driveway and to allow pavement within the 50 ' buffer zone between Town of Andover residential zone and Town of North Andover business zone on the premises located at 485 Andover Street. The following members were present and voting: William Sullivan, Walter Soule, Robert Ford and John allone. The hearing was advertised in the North Andover Citizen on June 29 and July 7, 1993 and all abutters were notified. Upon a motion to grant the variance as requested, made by Mr. Soule and seconded by Mr. Ford, the Board voted unanimously to DENY the motion on the grounds that the petitioner showed no hardship as required by Section 10, Paragraph 10. 4 of the Zoning Bylaw. The Board determined that the granting of the requested relief would cause_substantial detriment to the public good and . derogation from the 'intent or purpose of the Zoning Bylaw in view of the adjacent residential district and inadequate ingress and egress over the proposed . diminished driveway resulting in potential traffic congestion and accident. Dated this 28th day of September 1993 . BOARD OF APPEALS William Sullivan Vice-Chairman Ary appeal shall be filed within (20) days after the of NopTN� date of filing of this Notice o � F m in the Office of the TownPW Clerk. ss�CHuBE - - - TOWN OF NORTH ANDOVER MASSACHUSETTS L BOARD OF APPEALS Armand J. Rossetti, Jr., et al 11 Hansom Road * Petition 0155-90 Andover, MA 01810 ****** *********** *** ******* DECISION c.^ The Board of Appeals held a public hearing on Tuesday evening, June 11 and July 9, 1991 upon the application of Armand J. Rossetti, Jr. , et al as a Party Aggrieved of the Zoning Bylaw so as to permit a review of a decision made by the Building Inspector regarding property at 485 Andover Street. The following members were present and voting: Frank Serio, Jr. , Chairman,* Raymond Vivenzio, Anna O'Connor and Robert Ford. The hearing was advertised in the North Andover Citizen on May 11 and 29, 1991 and all abutters were notified by regular, mail. Evidence was heard at the public hearing, from an abutter, that 6-7 people were living in the residence as evidenced by the number of vehicles in the driveway of the premises. Also, tenants of the property told the abutter, Mrs. McNulty, that five (5) people were on the lease. The lease submitted by the party aggrieved is a recent lease, dated after the notice of viola- tion. There was substantial evidence, including the log of the Merrimack College Security Police, that partying, drinking and loud get-togethers have been commonplace on the premises for a long period of time. There is evidence of numerous transient's at .the property. The petitioner's position that the property has only been used as a single family residence is untenable, as the described activities are more closely akin to and are tantamount to the operation of a fraternity house. While the owner/applicant may not be agreeable to ,permitting this use under the lease, it is evident that such use is what is actually occurring there, presumably under the aegis of the tenants. Sponsorship notwithstanding, the use is not that of a single family residence. See definition of Family (Sec.2.37) in the bylaw. As a result, upon motion of Raymond Vivenzio, seconded by Anna O'Connor, the board voted unanimously to uphold the decision of the Building Inspector. Dated this 23rd day of July, 1991 BOARD OF APPEALS Frani Serio, Jr. Chairman � NORTH: e r � 4 0•� A►�i�In �m Any appeal shall be filed �•.'ssisas� ,� EXHIBIT "B" within (20) days after the ►.Acii"'.� date of filing of this Notice TOWN OF NORTH ANDOVER in the Office of the Town MASSACHUSETTS Clerk. BOARD OF APPEALS NOTICE OF DECISION --v cn Date . .July 17 1991 Petition No.. 79A . . . . . . . . . . . . Date of Hearing. .Jply, _9, 1��1 Petition of . . . . A.rmand.J.. Ro.�seGt� Jz�, . fit. al . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . .4. 85. Andover. 5.t.zeet,. N.o.r.th.Audpv.Qz, .kfA , Referring to the above petition for a variation from the requirements of the . . . . . . . . . . ... . . . . . . . . . . North.And.o-ver.zoning .By-Law. . . . . . . . . . . . . . so as to permit . . .a .review. of .a. decision.made .by'. the. .Building. .Inspectox. . . . . . . . . . . . 1' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to , .UPHOLD . . : the . . . . decision. of .the. Building. Ins.p. pKttJiltXbb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� fBrX�XA{3C�Ft+i9t7�i{�b�C�i�3�4}�3i�}��8?C3��i�Xb�3�X�C�lh'�ldi4lt�I,ttltB�e7( .p ATTEST: A True Copy Signed Fran Serio, Jr. , a rman t . Raymond Vivenzio TownClerk . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . ... Anna O'Connor Robert P. Ford . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . Board of Appeals v ,f Any-apPeal shall be filed RI:C�IVIi ? " 20 , t ) says after the DA�III Lib 1 date of fiifi o1,"°oT. TOWN CI;E.ilK In the 8 of this Notice ,�� 4�.. '° NORTH 010)OVER Office of the Town ° ' .Clerk, Wn 1 12 �a Mai �9SSgcHUSE�9 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ************************ * Andrew & Irene Soucy * Petition: #57-89 485 Andover St. * DECISION N. Andover, MA 01845 * * ************************ The Board of Appeals held a public hearing on May 9, 1989 upon the application of Andrew & Irene Soucy requesting a variation from the requirements of Seciton 7, Paragraph 7.1, 7.2 and 7.3 and Table 2 of the Zoning Bylaw so as to permit relief from area, frontage and setbacks for B-4 district on the premises located at 485 Andover Street. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis Rissin. The Hearing was advertised in the North Andover Citizen on April 20 and April 27, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted, unanimously, tc "the variances subject to the following conditions: . 1. Parking for ten (10) cars be provided. 2. The garage as shown on the plans be razed. 3. The second floor of the building be restricted to storage only. The Board finds that granting these variances will not adversely affect the neighborhood nor derogate from the intent and purpose of the Zoning Bylaw. Dated this lith day of May, 1989. BOARD OF PEALS �1 William S llivan Acting C irman MAY 1 -7 iQ�? BUILDING DEPARTMENT ,gal shall be filed • (20) days after the '00Rrh RECLIV�-D , of filing of this Notice �°' '� DANIFL LDNG .he Office of the Town �:''� � E TO1NN CI..F VERJim .erk. i;.,1853 ,.�� NO!,T f! D lit,CHU� a II Il1 .TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Andrew & Irene Soucy 485 Andover St. Date . . . May, 11,, 1989 N. Andover, MA 01845 Petition No.. . . . . . . . ' . . , . . • . . . . . . Date of Hearing. . May 9,. . . . . . . . . . . . . . . . . Petition of . . . . . . Andrew. .& .zrene. S.oucy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . .485. Andover. S.t.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements obthe . S.ection. 7... . . . . Paragraph 1,2 and 3 and Table 2 of the Zoning Bylaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .relief. from.area.,. .trontage. .and. setbacks. for. .B4 .distr.i.ct. ... . . . . . . ... r After a public hearing given on the above date, the Board of Appeals voted to . .GRANT . . : the variance as requested and hereby authorize the Building Inspector to issue a pelt, to Andrew & Irene Soucy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1. Parking for ten (10) car be provided. y '" 2. The garage as shown on the plans be razed. 3. The second floor of building be restricted to storage only. Signed +, . . . . .Wi.l.l.iam ul ivan, .Ac.t.ing.Chalxman. . . . . .Augustin . Nickerson.,. .Clerk. . . . . . . . . . . . . .Walter .Soula . . . . : . . . . . . . . . . . . . . . . . . . .Anna .0:Conno.r. ... . . . . . . . . . . . . . . . . . . Louis -Riss.in . . . . . . . . . . . . . . . . .. . . . Board of Appeals LAW OFFICES PETER J. CARUSO ONE ELM SOUARE ANDOVER, MASSACHUSEI-FS 01810 PETER J. CARUSO TEL:(508)475-2200 PETER J. CARUSO II FAX:(508)475-1001 August 13, 1997 e Board of Appeals Town of North Andover Town Hall North Andover, MA 01845 RE: CONTINUATION OF PUBLIC HEARING Dante REALTY TRUST Members of the Board: On behalf of and as legal counsel to DaMe Realty Trust, Barbara MacDonald, Trustee requests that the public hearing be continued to September 9, 1997 0- k� 0-h DaMe Realty Trust requests said continuance without prejudice to either party. , Sincerely, rh ealt Trust by its attorney Peter J. Caruso PJC/sd Any appeal shall be filed within (20) clays after the aECcl`�En paNir'.l LONG data c2f firing of t;pis Notice ;�o.,"°aT,,ti0L TGh'?� C.Lt;1K in thu 0i ice of the Town o A NORTit ,,hpOvER 49 �� a r SES 2 SA HUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************** * DaMe Realty Trust * DECISION 485' Andover Street North Andover, MA 01845 * Petition #036-93 * **************************** The Board of Appeals held a regular meeting on Tuesday, September 14, 1993 continued from July 13 and August 10, 1993 upon the application of DaMe Realty Trust requesting a variation of Sec. 8 . 1(7) and Table 2 , FN3 of the Zoning :Bylaw so as to permit construction of a 15 ' driveway and to allow pavement within the 50' buffer zone between Town of Andover residential zone and Town of North Andover business zone on the premises located at 485 Andover Street. The following member's were present and voting: William Sullivan, Walter Soule, Robert Ford and John P411one. The hearing was advertised in the North Andover Citizen on June 29 and July 7, 1993 and all abutters were notified. Upon a motion to grant the variance as requested, made by Mr. Soule and seconded by Mr. Ford, the Board voted unanimously to DENY the motion on the grounds that the petitioner showed no hardship as required by Section 10, Paragraph 10. 4 of the Zoning Bylaw. The Board determined that the granting of the requested relief would cause _substantial detriment to the public good and . derogation from the intent or purpose of the Zoning Bylaw ,in- view of the adjacent residential district and inadequate ingress and egress over the proposed . diminished driveway resulting in : potential traffic congestion and accident. Dated this 28th day of September 1993 . BOARD OF APPEALS William Sullivan vice-Chairman Any appeal shall be filed '. -within (20) days after the NopT,, t4 date of filing of this Notice In the Office of the Town n Clerk. , rs�CHUS�4 _ TOWN OF NORTH ANDOVER MASSACHUSETTS L r— rso BOARD OF APPEALS Armand J. Rossetti, Jr. , et al * ^•' '_� .r- 11 Hansom Road * Petition #155-90 Andover, MA• 01810 * - 3 ' ******************************** DECISION =3 U., The Board of Appeals held a public hearing on Tuesday evening, June 11 and . July 9, 1991 upon the application of Armand J. Rossetti, Jr. , et al as a Party Aggrieved of the Zoning Bylaw so as to permit a review of a decision made by the Building Inspector regarding property at 485 Andover Street. The following members were present and voting: Frank Serio, Jr. , Chairman; Raymond Vivenzio, Anna O'Connor and Robert Ford. The hearing was advertised in the North Andover Citizen on May 11 and 29, 1991 and all abutters were notified by regular• mail: Evidence was heard at theublic hearing,g from an abutter, that 6-7 people were living in the residence as evidenced by the number of vehicles in the driveway of the premises. Also, tenants of the property told the abutter, Mrs. McNulty, that five (5) people were on the lease. The lease submitted by the party aggrieved is a recent lease, dated after the notice of viola- . tion. There was substantial evidence, including the log of the Merrimack _ College Security Police, that partying, drinking and loud get-togethers have been commonplace on the premises for a long period of time. There is evidence of numerous transients at the property. • The petitioner's position that the property has only been used as a single family residence is untenable, as the described activities are more closely A akin to and are tantamount to the operation of a fraternity house. While the owner/applicant may not be agreeable to .permitting this use under the lease, it is evident that such use is what is actually occurring there, presumably under the aegis of the tenants. Sponsorship notwithstanding, the use is not that of a single family residence. See definition of Family (Sec.2.37) in the bylaw. As a result, upon motion of Raymond Vivenzio, seconded by Anna O'Connor, the board voted unanimously to uphold the decision of the Building Inspector. Dated this 23rd day of July, 1991 BOARD OF APPEALS Frad Serio, Jr. .i, Any appeal shall be filed1s iaas ExHIBIT B within (20) days after the ►►;1Ciiu��,�' date of filing of this Notice in the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS C_ . p". - c..�.i '-r c� BOARD OF APPEALSrM :r NOTICE OF DECISION "' to Date . .July 17 1991 . . . . . . .. . . . Petition No.. . ,1��-�0 . . . . . Date of Hearing. .July, ,9, i Petition of e . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . .485. Andover. S.t.zeet,. N.o.rth..AnJovez, ,kip. . Referring to the above petition for a variation from the requirements of the . . ... . . . . . . . . . . . . Xorth.Ando.ver.Zoning .By-Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . so as to permit . a .review. .of .a. decision.made .by'. the. .Buildin& Inspectat,, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .UPHOLD , . ; the' . . . . d-ecision. of .the. Building. Ins.p. aRHXtiXH�YQh�yi } xtb+itxc� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �axs�ec�cnrrstxao�tooxx�U�exe��ax�v �rac .�` . �cA�a`�,ixgx�xHlt�c ATTECo A True Copy Signed �YFran Serio, Jr., a rman C�l Raymond Vivenzio TownC1erT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..I . . . . . . ... ... Anna O'Connor. . . . . . . . . Robert P. Ford Board o/Appeals . . . . . . . . . . 2 wrt�in (20) da K LF1._ �:v 1 after theNORTH DA�1IFL �� V date of filing of this Notice ot "° i0WN CI_LOA in°tire Office �_ ' ' NORTH ANUV Of the T ° p 1 FClerk. own i 1 12 Pk Mai 0l yss^CNUSEt� , TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * * Andrew & Irene Soucy * Petition: #57-89 485 Andover St. * w:' N. Andover, MA 01845 * DECISION * , The Board of Appeals held a public hearing on May 9, 1989 upon the application of Andrew & Irene Soucy requesting a variation from the requirements of Seciton 1, Paragraph 7.1, 7.2 and 7.3 and Table 2 of the Zoning Bylaw so as to permit relief from area, frontage and setbacks for B-4 district on the premises located at 485 Andover Street. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis Rissin. The Hearing was advertised in the North Andover Citizen on April 20'and April 27, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted, unanimously, t9MAMWthe variances subject to the following conditions: . 1. Parking for ten (10) cars be provided. x 2. The garage as shown on the plans be razed. 3. The second floor of the building be restricted to storage only. The Board finds that granting these variances will not adversely affect the a neighborhood nor derogate from the intent and purpose of the Zoning Bylaw. Dated this 11th day of May, 1989. BOARD OF PEALS 4 " William S llivan Acting C irman MAY I BUILDING DEPARTMENT 420) clays after the Np�a .► d�.•••...,•,, bf fi;ine of this Notice •>: •� DANIEL LONG ; Y •'.he Office of the Town '_' •• TOWN CI.p.RK `' A-"'" 0' NOR A'itlOYER .erk. i 1885 • • ....V.: Mk, I1 12 01 TOWN OF NORTH ANDOVER ' MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Andrew Irene Soucy 485 Andover St. Date , , , May 1�, 1989 N. Andover, MA 01845 Petition No . . .57-89 . . . . . . . . . . . .. Date of Hearing. . May 9, 1989 . .. •. Petition of . . . . . . Andrew. k .Irene..S.oucy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . .485. Andover. S.t.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of&e . Section. 7.,. . . . . t` Paragraph 1,2 and 3 and Table 2 of the Zoning Bylaw .. eo ae to permit • .relief. from.area.,. .£rontage .and. setbacks. for. .B4 .district—,, . . . . . ... i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / . . . . . ... . After a public hearing given on the above date, the Board of Appeals voted to . .GRANT , , ; the' ' Y. . variance as requested . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to isms a permit to Andrew 6 Irene Soucy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1. Parking for ten (10) car be provided. 2. The garage as shown on the plans be razed. 3. The second floor of building be restricted to storage only. . Signed m � •. Z ' . . . . .Wi.l.l,iam ul ivan,.Acting.Chairman. . . . . .Augustin . Nickerson.,. .Clerk. . . . . . ... . . . . . .Walter .Soule. . . . . : . . . . . . . . . . . . . . . . . . . .Anna .0'.Conno.r. ... . . . . . . . . . . . . . . . . . . Louis .Riss3.n Board o/Appea4 LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP IPARCEL I LOT INAME JADDRESS /{ a �- AVDID V -r ABUTTERS MAP PARCEL LOT NAME ADDRESS m o vf r JW ''t J N o D n jl Ya vvlr f ro,A C► A. C.114 oo )m n o✓ r rr� ul urn ( �, I=✓ na-rA ot0o E)m It. ApdovfrIYA AA bl;" v,' _ a Y qt orr i 3 n 4-r I oZ .q uIC �K /-m j4arzkiI !� � Ehl� ` A ro►„ 4t • v Am wv, y'lr;v► a r d//� aucK a 3i _ r,tin a J 6 J k �� Q ; ►^ / n war Y1-Q. OZ q i GY d oa/ yf ✓JAy N A 1 J 111 ;,lr dal ✓J� r i In■ v j►1 •i-f i 1997 i Joseph D. LaGrasse & Associates, . - Architects o Engineers • Land PlannerS 1 Elm Square + ��erOF APPEALS] Andover, Massachusetts 01810-3609 .Phone: (508) 470-3675 August 8, 1997 Attorney Peter J. Caruso One Elm Square Andover, MA 01810 RE: MacDONALD & LAVERS PARKING AREA Dear Peter: The configuration of the driveway entrance and the rear parking area shown on my proposed site layout is appropriate for this application. Several reasons can justify the adequacy of the solution designed. First, I have enclosed a copy of the design standards for driveways, private roads and turns. The proposed entry road is 20 feet wide and wider than the minimum 18 feet. Second, we have added a yellow painted line to denote an access lane and an egress lane. With the volume of traffic less than one car per several minutes, separate lanes are not necessary but would assist in directing access to the rear of the lot. Third, the 16 foot driveway is ample for two bypassing cars along the existing structure. The condition would improve if a sign facing the car from the rear was posted at the corner of the building and read "Caution Keep Right For On-Coming Car". A similar sign can be posted at the front access. With the above noted safeguards coupled with the adequacy of the driveway width, I believe the design is safe and within standard practice. Sincerely, Joseph D. LaGrasse JDL/sd 48 Driveways, Private Roads and Turns GENERAL NOTES. Types and sizes shown are for easy driving at moderate rate. See page on car sizes for turning radii of cars. "R"=This radius. Overall sizes are shown in terms of radii for preliminary assumptions. Any decrease in radii will decrease speed of driving. PUBLIC ROAD PUBLIC ROAD PUBLIC ROAD O `y.�2° ao`o,� \ 10 o �o'I'ti \y°2° ao,1'ti ° ° o 0q. o . 'B. IS-0" 10'-OI' MIN. MIN. TWO CAR WIDE ROAD ONE CAR WIDE ROAD DIAGONAL ENTRANCE PRIVATE ENTRANCE ROADS INTERSECTING PUBLIC THOROUGHFARES SCALE: 1"•40'-0" Construction point locations are found by intersect 3'/2 RADII ing solid arrows; dotted arrows are radii from these LANDING points for curves. R \ ..0 I >, O cP\cs' I m I "IV \y' I I a � °'• 1 MAY BE 12._0..1 0 \ 2>,R O IF NO PARKING I ! O• \ \ \y' REQUIRED I f 5' - r \ PARKING i -- -- PARKING it c \ \ M Z � I 10'-Ok / 10'-0" IN. MIN. 1'/2 RADII MIN, NO LANDING-CROSSOVER LANDING OPPOSITE APPROACH LANDING ON SIDE LANDING MAY BE HAD BY BACKING ONLY LANDING AT THE END BY BACKING ONLY 4 RADII 4 RADI I \ LANDING \ PARKING Z PARKING AREA - Z O Z AREA LANDING O \ ° — - ' z N2 `O„ 04 Ir / \ I LANDING ON ONE SIDE OF APPROACH LANDING ON LINE OF APPROACH TURNAROUNDS-ONE CAR WIDTH-DOUBLE ROAD WIDTH FOR TWO CARS PRIVATE ROADS, DRIVES e1 TURNAROUNDS SCALE: I"•40'-0" An.y appeal shall be filed within (20) days after the F NaATH date of filing of this Notice 3?°•'"" "',"� . o In the Office of the Town Clerk. « ` TOWN OF NORTH ANDOVER MASSACHUSETTS C_ • r BOARD OF APPEALS w -+a * rj Armand J. Rossetti, Jr. , et al 11 Hansom Road " * Petition 1/155-90 Andover, MA 01810 * 3 =' ******************************** DECISION =� The Board of Appeals held a public hearing on Tuesday evening, June 11 and • July 9, 1991 upon the application of Armand J. Rossetti, Jr. , et al as a Party -Aggrieved of the Zoning Bylaw so as to permit a review of a decision made by the Building Inspector regarding property at 485 Andover Street. The following members were present and voting: Frank Serio, Jr., Chairman; Raymond Vivenzio, Anna O'Connor and Robert Ford. The hearing was advertised in the North Andover Citizen on May 11 and 29, 1991 and all abutters were notified by regular.mail: Evidence was heard at the public hearing, from an abutter, that 6-7 people I were living in the residence as evidenced by the number of vehicles in the driveway of the premises. Also, tenants of the property told the abutter, Mrs. McNulty, that five (5) people were on the lease. The lease submitted by the party aggrieved is a recent lease, dated after the notice of viola- . tion. There was substantial evidence, including the log of the Merrimack College Security Police, that partying, drinking and loud get-togethers have been commonplace on the premises for a long period of time. There is � - evidence of numerous transienCs at the property. The petitioner's position that the property has only been used as a single � . family residence is untenable, as the described activities are more closely A akin to and are tantamount to the operation of a fraternity house. While the owner/applicant may not be agreeable to ,permitting this use under the lease, it is evident that such use is what is actually occurring there, presumably under the aegis of the tenants. Sponsorship notwithstanding, the use is not that of a single family residence. See definition of Family (Sec.2.37) in the bylaw. As a result, upon motion of Raymond Vivenzio, seconded by Anna O'Connor, the board voted unanimously to uphold the decision of the Building Inspector. Dated this 23rd day of July, 1991 BOARD OF APPEALS Frani Serio, Jr. v: M�p�rul4 ' W • Any appeal shall be filed s�. iaas , ' EXHIBIT "B° within (20) days after the ►:s�eii6 �' date of filing of this Notice ►►►*�����• in the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS T I BOARD Of APPEALS Mj NOTICE OF DECISION C" cry Date . . July, ,17 j, 1991 . ... . . .. . . Petition No.. . .1��-�0 . . . . . . . . ... . Date of Hearing. .JplX .9, Petition of . . A.rmand.J,. Ro.ssetti,. .J.z. t al . Premises affected . . . . .485. Andover. 5.t.zeet N.o.r.th.Audpv.ez, jtA. , . , . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . North.Andover.Zon1.ng .By-Law . . . . . . . . . . . . . . . . . . . . so as to permit . . .a -review. -of .a. decision. made by. the. -Building -Inspectar. . . . . . . . , /. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .UPHOLD . . : the . . . . decision. of. the, Building. Ins.p. �(YY........ a14tIXIi « ��. 7�x�rYOfi`b`1dU$ � 1�EbcfEX7�CJi�tiix$ r�.�JLAb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .lw : fiDUC1�(6CxatCB�(Q�IOQY�(LYh�i�XB�}i�A}(04�41�Xbf8�h1X --� • ATTEST: A True Copp Signed �VC.l�f � Fran Serio, Jr., a rman . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Raymond Vivenzio Town Clerk . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . Anna O'Connor Robert P. Ford . . . . . . . . . . . Board of Appeals 3 IM1n (20) c�a 'n S after the „°ATM pA111f.L LONu ,date of filing of this Notice TOWN 610 In the Office of the Town 32 NORTH ANUOVt A , .Clerk, � P� 1201 `4 ,SSA HusEj 9 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Andrew & ,Irene Soucy * Petition: #57-89 485 Andover St. * DECISION •:' N. Andover, MA 01845 * yyyyyy yyy yy,yyyy/yy yyyyyy y,jyyy,y ,y,yy yyyy y, The Board of Appeals held a public hearing on May 9, 1989 upon the application of Andrew & Irene Soucy requesting a variation from the requirements of Seciton 7, Paragraph 7.1, 7.2 and 7.3 and Table 2 of the Zoning Bylaw so as to permit relief from area, frontage and setbacks for B-4 district on the premises located at 485 Andover Street. The following members were present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis Rissin. r - The Hearing was advertised in the North Andover Citizen on April 20'and April 27, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted, t. > unanimously, tgM&W'the variances subject to the following conditions: . 1. Parking for ten (10) cars be provided. 2. The garage as shown on the plans be razed. 3. The second floor of the building be restricted to storage only. .. i' . The Board finds that granting these variances will not adversely affect tate a` neighborhood nor derogate from the intent and purpose of the Zoning Bylaw. Dated this 11th day of May, 1989. BOARD OF PEALS n ^ WilliamS llivan Acting C irman MAY 1 7 iQP,-) BUILDING DEPARTMENT 1 20) days after the ' f fi;in. of this Notice •► �• so,.. aECEIVED a C ?• DANIEL L;1NG .he Office of the Town y:�' ° �. � TOWN CI..F.NK .erk. s; 1,75as ,� N01;T fl A'1�10VEa MaY i 1 12 v TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION . Andrew h Irene Soucy 485 Andover St. N. Andover MA 01845 Date . . . May 1), 1989,, , , , , , , , . . Petition No.. . 57-89 . . . . . . . . . . .. . Date of Hearing. . May 9, 1989 ... Petition of . . . . . . Andrew. &:.Irene.S.oucy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . .485. Andover. S.t.. . . . . . . . . . . . . . . .. . . . Referring to the above petition fAr a variation from the requirements 06&0 . Section. 7.,. . . . . ±` Paragraph 1,2 and 3 and Table 2 of the Zoning Bylaw so as to ' permit • •relief. from•area.,. .frontage .and. setbacks. for. .B4 .district. .... . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . /. . . . . ... . After a public hearing given on the above date, the Board of Appeals voted to . .GRANT the ry variance as requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a ., permit to Andrew b Irene Soucy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based.upon the following conditions: 1. Parking for ten (10) car be provided. :• 2. The garage as shown on the plans be razed. 3. The second floor of building be restricted to storage only. Signed GJ.Z . . . . .W�.l.l.iam. ul ivan,.Ac.t,ing.Chaixman. . . . . .Augustin . Nickerson.,. .Clerk. . . . . . . . . . . . . .Walter .Soule. . . . . : . . . . . . . . . . . . . . . . . . . .Anna .0:Conno.r. ... . . . . . . . . . • . . . . . Louis .Rissin . . . . . . . . . . . . . . . . ... . . . Board o/Appe* Any appeal shall be filed within (20) clays after the DANIEL HORiq dat.-- of tieing of tris Notice f , DANI�.L L0�0 in th, O+;ice of the Town NORTN ,�.npOvER 149 Sir �9SSAC Hus I , I TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************** * DaMe Realty Trust * DECISION 485' Andover Street North Andover, MA 01845 * Petition #036-93 * The Board of Appeals held a regular meeting on Tuesday, September 14 , 1993 continued from July 13 and August 10, 1993 upon the application of DaMe Realty Trust requesting a variation of Sec. 8. 1(7) and Table 2 , FN3 of the Zoning :Bylaw so as to permit construction of a 15 ' driveway and to allow pavement within the 501 buffer zone between Town of Andover residential zone and Town of North Andover business zone on the premises located at 485 Andover Street. The following member's were present and voting: William Sullivan, Walter Soule, Robert Ford and John Pallone. The hearing was advertised in the North Andover Citizen on June 29 and July 7, 1993 and all abutters were notified. Upon a motion to grant the variance as requested, made by Mr. Soule and seconded by Mr. Ford, the Board voted unanimously to DENY the motion on the grounds that the petitioner showed no hardship as required by Section 10, Paragraph 10. 4 of the Zoning Bylaw. The Board determined that the granting of the requested relief would cause _substantial detriment to the public good and . derogation from the intent or purpose of the Zoning Bylaw .inYview of the adjacent residential district and inadequate ingress and egress over the proposed diminished driveway resulting in .- potential traffic congestion and accident. Dated this 28th day of September 1993 . BOARD OF APPEALS William Sullivan Vice-Chairman 48 Driveways, Private Roads and Turns GENERAL NOTES: Types and sizes shown are for easy driving at moderate rate. See page on car sizes for turning radii of cars. "R"=This radius. Overall sizes are shown in terms of radii for preliminary assumptions. Any decrease in radii will decrease speed of driving. PUBLIC ROAD PUBLIC ROAD PUBLIC ROAD 'S. 'S. ♦�'. 1�7 SSC 11 0 d',, 0 Zo `�O 4, /o 0 20 a°�'L ♦yob ,ti 00� °ti ♦ oQ" o 'o. I B_0• 101-0I MIN. MIN. TWO CAR WIDE ROAD ONE CAR WIDE ROAD DIAGONAL ENTRANCE PRIVATE ENTRANCE ROADS INTERSECTING PUBLIC THOROUGHFARES SCALE: 1"-40'-0" Construction point locations are found by intersect 3'/, RADII ing solid arrows; dotted arrows are radii from these LANDING points for curves. m I �,/1,°• \5'\�. I I �\ far,. ♦ ♦ ' i ' til/ °'• t i MAY BE 12'-0- \2"�, M1•° \�'��, �! /S" IF NO PARKING O• �.\ `♦ ����� ` // ,�, 0.�t i REQUIRED -- 1� - ♦PARKING \ \ E PARKING N Ir �n \ \\ / m Z \ p.. / MS10'- H // MG' 1 INMIN,1 1'/2 RADII 101-0" MIN. NO LANDING-CROSSOVER LANDING OPPOSITE APPROACH LANDING ON SIDE LANDING MAY BE HAD BY BACKING ONLY LANDING AT THE END BY BACKING ONLY \ 4 RADII 4 RADII \ LANDING ARK / \ AREAING LANDING Z PARKING AREA Z O Z b �! N �♦ 0 I Z / _ N - // 11is`0,. N �1z: LANDING ON ONE SIDE OF APPROACH LANDING ON LINE OF APPROACH TURNAROUNDG-ONE CAR WIDTH-DOUBLE ROAD WIDTH FOR TWO CARS PRIVATE ROADS,DRIVES & TURNAROUNDS SCALE: I"-40'-0" r' Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOUR' RELIEF FROM THE ZONING ORDINANCE 2 IZ e A I �N rtA t Address .� A oV-c r_t Applicant - Tel. No. o SOdr y ,r--aa00 1. Application is hereby made: a) For a variance from the requirements the Zoning Bylaws. of Section Paragraph and Table b) For a special Permit under Section Paragraph of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a) Premises affected are land V/' and building(s) numbered T ^'�o�{ r .Sfr�et b) Premises affected are property with fronBidet of on ton he North ( ) South (A East ( ) West ( ) Street. I �; Street, and known as No. , ri8 ove r Street. and the C) Premises affecteare in Zoning have an area ofDistrict l? X square feet premises affected and frontage of '7_ feet. 3 . Ownership: a) Name and address of owner (if j oint ownership, give all names) : r ba rav��� a ru t{� v C ea S. �v ft tt;�Ji Date of Purc3 Previous Owner �rrr�o� b) 1. If applicant is not owner, check his/her interest in the premises: Lessee Other Prospective Purchaser 2 . Letter of authorization for Variance/Special Permit required. 0, front; 307• (o feet deep; building: .3 �_ proposed b g 4 . Size of prop Height —a.— stories; 02 S feet. a) Approximate date of erection: / 9'G a 4 b) Occupancy or use of each : 0 ft ce- c) Type of construction: V^� l • 5. Has there been a previous appeal, under zoning, on these premises? 1 If so, when? lit Y� W 6. DescriptiolnI ''__o relief sought on this petition ln/i of i� a f 'Dri vt wgV-Fru W a t-' 7a /`Ir 0,A S/ax/93 *J Doc. 90/41AA4. 7 . Deed recorded in the Registry of Deeds 1-m Beek Page _ Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) 1, e ; f"N r%vercj i as ""d cJ� tr o�• �Q n �� UA r eviWid lift C?14,-. r v 1ii f o ►" I agree to pay the filing fee, advertising in newspaper, and expe ses* ign ture of Pe on (s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of 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 (3001 ) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25. 00 . In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be . brought before the Board unless said plan has been submitted. Copies of the Board' s requirements regarding plans are attached hereto. or are available from the Board of Appeals upon request. Rev. 4/93 RECENED JOYCE BR -, ItA, TOWN OL R N4RiN ANnVER Received by Town Clerk: 17 39 ,51 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant DaMe Realty Trust Address 485 Andover Street Tel . No. c/0 508/475-2200 1 . Application is hereby made : a) Fora variance from the requirements of Section 8.1 Paragraph 7 and Table of the Zoning Bylaws . b) For a special Permit under Section Paragraph of the Zoning Bylaws . c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a) Premises affected are land X and building (s) X numbered 485 Andover Street b) Premises affected are property with frontage on the North ( ) South (X) East ( ) West ( ) side of Andover Street . Street , and known as No . 485 Andover Street Street . c) Premises affected are in Zoning District B4 and the premises affected have an area of 20,178 square feet and frontage of 75.92 feet . 5 of 3 Rev. 06 . 03 . 96 3 . Ownership : ner (if joint ownership, give all a) Name and address of ow names) : Barbara G. MacDonald Trustee of DaMe R ealty Trust Date of Purchase 5/24/93 Previous Owner Armand J. Rossetti, Jr. p b) 1 . If applicant is not owner, check his/her interest in the premises : tLessee Other Prospective Purchaser 2 . Letter of authorization for Variance/Special Permit required. 4 . Size of proposed building : 30.6— front ; 32.6 _ feet deep; 2 stories ; 25 — Beef Height _-- date of erect n.o 1.962 a) Approximate b) Occupancy or use of each floor : Office c) Type of construction : Wood 5-. Has there been a previous appeal , under zoning, on these premises? Yes If so, when? 4/93 6 , Description of relief sought on this petition Allow construction of a fifteen 15 foot wide drivewa . 7 . Deed recorded in the Registry of DeBeod k in Book age8 page 27 Land Court Certificate No . The principal points upon which I base my application are as follows : (must be stated in detail) 1 Width of existing driVeeWedlthe site2' lanved 5' border) 2. Plannin Board has re vie Proposed use is for managemPnn I agree to pay the f fee , ertising in newspaper, and incidental ses* S:i gnal: . 6 of 8 �o,� or; of i . 9e DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: B4 (Business 4) Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area 20,178 sq. ft. Street Frontage 72.92 ft. Front Setback 27 ft. Side Setback(s) 13 ft. Rear Setback Building Gross Floor Area 1,494 sq. ft. Width of Driveway 25 ft. 15 ft. The requested relief is a decision that the off street parking regulations do not apply, and therefore, a driveway of fifteen feet in width is permitted, rather than the twenty five foot width under section 8.1 (7) of the By-Law. 7 of 8 Rev 06 . 03 . 96 S �-�-� Pica ►� CERT/F/ED FOUNDA TION PLAN LOCATED /N ►�o�-�--� �,�,no„�9,,r•c�, SCALE: /"_ DATE Scott L. Gi/es R.L.S. 50 Deer Meadow Road North Andover,Mass. r- --I —i— -T- i -(- -T T -T -T -t- �" - 1 I ta.l sP I I 0 -taSf.- Ul 1 0 I 2 7 ' �a 5T• 'Dw�VV. Ip � I i I '7S-11Z / CER T/FY THAT OFFSETS SHOWN ARE FOR THE USE �►�M Or THE OFFSETS OF THE SU/L DING/NSPEC TOR ONL Y SHOWN COMPLY AND SUCH USE/S FOR THE- WITH HEWITH THE ZO/V/NG DETERM/NAT/ON OF ZON/NG SY LAWS OF CONFORMITY OR NON-CONFORM/TY WHEN CONSTRUCTFD uao •la .w... a} i"" 'd'.t'<.1`11V-a1fA .1L:Y.'1aa1..c=i•NS .\ifay.{c.YaC.c1.w...a_asa..a.wra M OF PARTIES OF INTEREST :CT PROPERTY ADDRESS PARCEL LOT NAME S N, 1V/G ?' - �� L1,M��e1 '�..c�hocsL►;P TER G ADDRESS PARCEL LOT NAME Aodovtr pF F•LC 6'pl�ti `� � l7 — �YNIf _n , C4,1 o a o 0 - rA nd ✓�� Y v✓r/ N-r01 ^ c, ✓' I - f n Lae �' M J J 3 L 3' J L, 2 f a. 1 v,,l +, r✓v� 6 r,-� ; � vo.( ✓rte Ll BOARD OF ASSESSORS TOWN OF ANDOVER CERTIFICATION OF ABUTTERS PETITION#: TEWKS PRINTED 23-JUN-97 09:12:10 PAGE: 1 PETITIONER: PETER J CARUSO II PETITIONER'S ADDRESS: ONE ELM SQUARE, ANDOVER, MA 01810 OWNER: FRAN MCNULTY OWNER'S ADDRESS: 200 ELM STREET, ANDOVER, MA MAP & PARCEL: MAP 2 PARCEL 49 - NORTH ANDOVER MAP PARCEL UNIT PROPERTY OWNER MAILING ADDRESS 1 5 AUGUSTINIAN COLLEGE 175 S HAVERHILL ST THE MERRIMACK VALLEY ANDOVER MA 01810 2 48 MERRIMACK COLLEGE INC TURNPIKE RD NO ANDOVER MA 01845 2 49 MCNULTY, FRANCIS A 200 ELM ST JOANNA M MCNULTY ANDOVER MA 01810 2 50 DAME REALTY TRUST 485 ANDOVER ST BARBARA G MCDONALD TR NORTH ANDOVER MA 01845 2 51 AUGUSTINIAN COLLEGE N/E ELM ST THE MERRIMACK VALLEY ANDOVER MA 01810 TOWN OF NORTH ANDOVER I hereby certify the above list of abutters as they appear on the most recent tax list of the Town of Andover. Susan E. Moore Assistant Assessor JUN 2 3 1997 t; it 1� it store and service 6 per 1000 square feet ablishments. GFA except 5 per 1000 square feet GFA in Business 1 and 2 4 General Business. �! Offices 1 space per X00 square feet of GFA. Medical Offices and 3 spaces per 1000 square Research facilities feet GFA plus one space per employee. Warehousing, Wholesaling, 1 space per 500 square distributing feet GFA. Manufacturing, assembly, 1 space per 2 employees fabrication, etc. in the minimum working ly shift or 1 space per 1, 000 GFA whichever is greater. 3 . The required parking for any two ( 2) or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a common parking facility, cooperatively established and operated. 4 . The regulations of this section shall not apply to non-residential uses or structures whose minimum parking under the above schedule would amount to five (5) parking spaces or less or residential uses or structures whose minimum parking would amount to two ( 2) parking spaces or less . 5 . If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accommodate the automobiles of all customers, employees , visitors , occupants , members or clients consistent with the provisions contained in the above schedule. 6 . The Board of Appeals may by variance make exceptions to the provisions of this section and , upon a written request of the owner and after a public hearing, authorize the Building Inspector to issue permits for buildings and uses having less off-street parking than specified herein, whenever the Board of Appeals finds that under normal circumstances such lesser off-street parking area would adequately provide for the needs of all persons using such building. Such exceptions may be limited as to time, use or intensity of ;{ use. TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF TOWN MANAGER 120 MAIN STREET,01845 MpRTM '1 James P. Gordon o? °A TELEPHONE 6)82-6)483 Town Manager 9 s i Y ,ssACHUSE� October 19, 1993 Attorney Joel Bard Kopelman & Paige 101 Arch Street Boston, MA 02110 Dear Joel: I received yesterday a copy of a complaint by DaMe Realty Trust vs. North Andover Zoning Board of Appeals. Please enter an appearance in this case on behalf of the Town. Z ely, P. Gordon, _ anager CC: Chairman, Zoning Board of Appeals Board of Selectmen JG:map MOIITM� O ,r.• y ba r°. s a � a i s JIACHUSI TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS DaMe Realty Trust 485 Andover Street North Andover, MA 01845 Date: June 30, 1993 Dear Applicant: Enclosed- is a copy of the legal notice for your application before the Board of Appeals . Kindly submit $ 11.60 for the following: Filing Fee $ Postage $ 11.60 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street , North Andover , Mass . 01845. Sincerely,. BOARD OF APPEALS 9� Linda Dufresne, Clerk S �z-� PCA ►� � CERTIFIED FOUNDA TION PLAN LOCATED /N ►�to�T-u �,�o�,,,�D. � r,cG, SCALE DATE s (24-L _ Scott L. Gi/es R.L.S. 50 Deer Meadow Road North Andover,Mass. r-- --r — 7- --r- -T" T T T I I p P l I . t4• sQ I I pef Zo�l`lBS� N — _ 1 _ - 1 O r I � p F k 11-4<.- '7S AZ .-7SAZ / CERT/FY THAT OFFSETS SHOWN ARE FOR THE USE THE OFFSETS OF THE BUIL DING /NSPEC TOR ONL Y SHOWN COMPLY AND SUCH USE/S FOR THE LES ' WITH THE ZONING DETERMINATION OF ZON/NG 0. 13972 ' BYLAWS OF CONFORMITY OR NON-CONFORMITY �f��StIR�° ` IQ1,.A. Y Hn• WHEN CONSTRUCTED_ u"° CERT/F/ED FOUNDA TION PLAN LOCATED IN SCALE / _ DATE Scott L. Gi/es R.L.S. 50 Deer Meadow Rood North Andover,Moss. jT I T T `T' _T 7 o �oT A 0 Z oe l-1 3`-�f O r I= L,�as1-4am Co. fix.sr. I f Ip � I / CERT/FY THAT OFFSETS SHOWN ARE FOR THE USE �N THE OFFSETS OF THE BUILDING INSPECTOR ONLY SHOWN COMPL Y AND SUCH USE/S FOR THE LES ' 1 WITH THEZOMNG DETERMINATION OF ZON/NG 0- 13972 ' BY LAWS OF CONFORM/T Y OR NON-CONFORMITY �f� Ea�oy `' Ik-110.P, Y HA. WHEN CONSTRUCTFD etc alit S tTP1 Pc__.ca ►.� � . CERTIFIED FOUNDA TION PLAN LOCATED /N ►�o,Z-amu �,�,no.rEn t..cG, SCALE DATE Scott L. Gi/es R.L.S. 50 Deer Meadow Road North Andover,Mass. 7 'T T T 'Z' T 7 1 0 2o,i-tas� o � l9 rZ I � J ' Citi 5T• �Q'85 I lY I y Ip � I / CERT/FY THAT OFFSETS SHOWN ARE FOR THE USE Of THE OFFSETS OF THE SU/L DING /NSPEC TOR ONL Y SHOWN COMPL Y AND SUCH USE/S FOR THE LES ' I W/TH THEZON/NG DETERMINATION OFZON/NGa Asan ' SY LAWS OF CONFORM/T Y OR NON-CONFORM/TY �FeERfS Ik.l_i2 NAY t-ca• WHEN COivsTR1i1'. TFn St Ulm�