Loading...
HomeMy WebLinkAboutMiscellaneous - 485 ANDOVER STREET 4/30/2018 (6) ALF/pLt`o�r�iY 1 I 1 + f I I Y 5 t t �.K Ei- ,aC r 0 ;.;, i 1.[ iI JOYCE -T. • :. :... TOWN Cl.EkK ... sSAHU CHUSSSS NORTH ANDOVER E TOWN OF NORTH ANDOVER JAN 20 1139 AN 'A 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 mUdecoct/3 I I HORTN ° ,e X10 O +» ^e 4P `I ,SSACHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Steven's Memorial Library, 345 Main St., North Andover, MA on Tuesday the 13th day of January, 1998, at 7:30 PM to all parties interested in the appeal of DaMe Realty Trust, 485 Andover St., North Andover, MA 01845 a's 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.. Said premises are property with frontage on the South side of 485 Andover St., North Andover, MA which is in the B-4 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street. By Order of the Board of Appeals, LEGAL N TI E William J. Sullivan, Chairman TOWN OF NORTH ANDOVER t,a MASSACHUSETTS: a BOARD OF APPEALS, Notice is hereby given that the Board'of Appeals will hold a public hearing lit the Steven's Memorial Published in the Eagle Tribune on 12/30/97 & 1/6/98 Northr Andovg345 t. MAain Sor, Tuesday the 13th•day of January, 1998, at 7:30 PM to all parties nils stod: in the appeal of DeM6. Realty Trust,485 Andove f" legalnOV/5 St., North.Andover,M V 01845 ds ,Party,;.SIG„. ed,for review of a decision made b ,the Building by, or other authOd of Paragrah , Section S. to.allow construction of'40 •25 foot driveway, of the Zoning Bylaws. Said premises are prop•'I arty with frontage on the,' South side of ,485.' Andover St., North Andover, MA which Is Yn the B-4 Zoning District. Plans are available for review at the Office of the Buildng Dept., Town Hall, 120 Main Street. V By Order of the Board of Appeals William J.Sullivan,,, Cho miah E-T—December 30,1': January 6,1998 I NORT" Qt a o 1'S.b6.6O I O 9 �1SSACNUSE��y TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Steven's Memorial Library, 345 Main St., North Andover, MA on Tuesday the 13th day of January, 1998, at 7:30 PM to all parties interested in the appeal of DaMe Realty Trust, 485 Andover St., North Andover, MA 01845 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.. Said premises are property with frontage on the South side of 485 Andover St., North Andover, MA which is in the B-4 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street. By Order of the Board of Appeals, _LEGAL NOTICE William J. Sullivan, Chairman TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Steven's Memorial Published in the Eagle Tribune on 12/30/97 & 1/6/98 Northr Libra ,dover, MA 345 MainSt.on Tuesday the 13th day of January, 1998, at 7:30 PM to all parties interested in the appeal of DaMe Realty Trust,485 Andover St., North Andover, MA legalnov/5 101845 as a Party Aggriev- ed,for review of a decision made by the Building Inspector or other authority of Paragrah 7,Section 8.1 to allow construction ofa 25 foot driveway, of the Zoning Bylaws. Said premises are prop- erty with frontage on the South side of 485 Andover St., North Andover, MA which is in the B-4 Zoning District. Plans are available for review at the Office of the Buildng Dept., Town Hall B 120 Main Street.Order of the Board of Appeals William J.Sullivan, Chairman E-T—December 30,1997; January 6 1998 F? e` •eO� A V ` 0$ + SACH S� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Steven's Memorial Library, 345 Main St., North Andover, MA on Tuesday the 13th day of January, 1998, at 7:30 PM to all parties interested in the appeal of DaMe Realty Trust, 485 Andover St., North Andover, MA 01845 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.. Said premises are property with frontage on the South side of 485 Andover St., North Andover, MA which is in the B-4 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street. By Order of the Board of Appeals, LEGAL NOTICE- William TI EWilliam J. Sullivan, Chairman TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS,,' Notice is hereby given that the Board'of Appeals will hold a public hearing at the Steven's Memorial Published in the Eagle Tribune on 12/30/97 & 1/6/98 Library,ac o3,, MA MainSTuesday the 13th day of January, 1998,, at 7:30 PM to all parties interested in the appeal of DaMe Reatty,Trust,485 Andovjn legalnov/5 St., North Andover, M 01845 ara,Party:Aggt(e ad,for review of a decisio made by the Buildin Inspector or other authori of Paragrah 7,Section to allow construction of,25 foot driveway, of tl Zoning Bylaws. Said premises are prop-'I arty with frontage on the South side of .485', Andover St., North' Andover, MA which Is In the B-4 Zoning District. Plans are available for review at the Office of the Buildng Dept., Town Hall, 120 Main Street. •J By Order of the Board of Appeals William J.Sullivan; Chalmlan E-T—December 30,1997; .1anuary 6.1998 Town Of North Andover Project: Building Department "°a'" 146 Main St.Town Hall Annex ; ap On site parking 508-688-9545DaMe Realty Trust 485 Andover St.No.And. APPLICANT:Peter J. Caruso,Esq. 'Ss^cNus�� One Elm Sq.Andover Ma RE: •letter of Attu Caruso 8r Drawing By J.D.Laftrasse 8r Assoc. DATE: December 24,1997 Title of Plans and Documents: Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: Zoning Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations Sign exceeds requirements Violation of Setback Front Side Rear Insufficient Lot Area Insufficient Parking Violation of Building Coverage Insufficient Open Space Use requirespermits prior to Building Permit Sign requires permits prior to Building Permit Form U not complete by other departments Not in conformance with Growth By-Law x Other Does not conform to Parking Regulations Remedy for the above is checked below. Dimensional Variance Special Permit for Watershed Review Special Permit for Site Plan Review Special Permit for sign Complete Form U sign-offs Copy of Recorded Variance Information indicating Non-conforming status Copy of Recorded Special Permit Other Other Plan ReVIeW The plans and documentation submitted have the following Inadequacies 1.Information Is not provided,2.Requires additional information, 3.Information requires more clarification 4. Information is incorrect. 5.All of the above. # # Foundation Plan Plumbing Plans Subsurface investigation Certified Plot Plan with proposed structure Construction Plans 116 Affidavit Mechanical Plans and or details Plans Stamped by proper discipline Electrical Plans and or details Framing Plan Fire Sprinkler and Alarm Plan I Roofing Footing Plan Plans to scale Utilities Site Plan Water Suppi Sewage Disposal Waste Disposal Other ADA and or ARBA requirements Administration The documentation submitted has the following inadequacies 1.Information Is not provided.2.Requires additional Information. 3.Information requires more clarification.4. Information is incorrect.5.All of the above. # # Water Fee State Builders License Sewer Fee Workman's Compensation Building Permit Fee Homeowners Improvement Registration Building Permit Application Homeowners Exemption Form x 5 Other Other The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any Inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document tilled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must rile a new building permit application form and begin the permitting process. December 23.1997 December 24,1997 Building Department Official Signature Application Received Application Denied If Faxed Denial Sent December 29,1997 Referral recommended: Fire Health Police x Zoning Board Conservation Department of Public Works x Planning Historical Commission Other BUILDING DEPT cc: William Scott Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Code Reasons for Denial Reference' Sec 8.3 Developments which require site plan review: Para 2(a)(ii) ii) Any construction,site improvements new uses in existing structure or developments which contain new processes not normally associate with the existing use and which result in changes in the potential nuisance to adjacent property,traffic circulation,storm water drainage onto or off of the site;and/or the application of the parking standards of Section 8.1 indicate the need for five (5)or more new or additional parking spaces. Additional reason The site plan("Plan") dated October 7, 1997,drawn by Joseph D.LaGrasse& for denial 1 Associated,Inc.is not acceptable.The plan must be prepared by a licensed Professional Land Surveyor or Professional Engineer with the Proper discipline and bear the stamp and signature of the individual. 2. The site plan does not define the extent of the easement line(s). 3. The crossing of the Andover/North Andover Town boundary lines with two(2) parking spaces is not allowed. 4. The crossing of the property Lot line of 485 Andover Street and 477 Andover Street with five(5)parking spaces is not allowed. 5. A building plan(s)showing the square footage and proposed/existing use must be submitted in order to determined the number of spaces required,in total,for the one(1)structure of the DeMa Realty Trust and the two(2)structures of the Ansel Realty Trust property. 6. The proposed"Grant of Easement between DeMa Realty Trust and Ansel Realty Trust has not been completed nor singed by the parties involved. JOY101BR:, .0::H YiHt, Received by Town Clerk : DEC B 1,1 50 N TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE ' Applicant DaMe realty Trust Address 485 Andover Street L Tel . No. c/o - 1 . Application is hereby made : a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws . b) For a special Permit under Section Paragraph of the Zoning Bylaws . MC) 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) 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 c) Premises affected are in Zoning Distri t B4 and the premises affected have an area of 20,1/8 square feet and frontage of 75.92 feet . 5 of 8 kev. Ob . 03 . y6 3 . Ownership : a) Name and address of owner (if- joint ownership, give all names) : Barbara G. McDonald, trustee of DaMe Realty Trust Date of Purchase 5/24/93 Previous Owner Armand J. Rossetti, Jr. b) 1 . If applicant is not owner, check his/her interest in the premises : Prospective Purchaser Lessee Other 2 . Letter of authorization for Variance/Special Permit required . 4 . Size of proposed building : 30.6 front ; 32.6 feet deep; Height 2 stories ; 25 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 6 . Description of relief sou ht on this petition Allow construction of a 25 foot (25i wide driveway. 7 . Deed recorded in the Registry of Deeds in Book 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. Planning Board has favorably reviewed site plan 2. uLiVeWay W1GLn is currently 25 feet. I agree to pay the filing fee, advertising in newspaper, and inc ' n a ens s* -fes 00 Signature of e i er (s) 6 of 8 Rev . 06 . u.5 . 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 square feet Street Frontage 72.92 ft. Front Setback 27 feet ± Side Setback(s) 13 feet ± Rear Setback Building Gross Floor Area 1,611 square feet Width of Driveway 25 feet 25 feet Special Permit Request: The requested relief is to allow the construction of a 25 foot wide driveway as shown on the submitted site-plan. Said plan has been reviewed by the Planning Board and has been approved by the Board. A prior zoning decision (1989) required a garage to be razed. This zoning decision has lapsed for non-use within the two year period and the present 25 foot driveway obviates the garage removal. 7 of 8 Rev Ob . 03 . 96 For Date Time P M. WHILE YOU WERE OUT M Of ❑Phone •Fax/- /-�6S`�3GU ❑Mobile Area Code Number Extension TELEPHONED PLEASE CALL CAME TO SEE YOU , WILL CALL AGAIN WANTS TO SEE YOU �L URGENT RETURNED YOUR CALL SPECIAL ATTENTION M%sage /PP.9CT o r/ i i�✓�t ST I*f&l 41,a1l0S v T 41ee al o win Signed � - R �J u ..r�- +.. � , � .. .� �. `�� �; � � � � ��._ � 4 � .. �� � �' � . . �� �. � � t 91 CIS v GS f ' W,01 WIN ;t, . .., '� TOWN OLE RK � ,JsA •r <y NORTH AkDOVER c HuSEt TOWN OF NORTH ANDOVER JAN 20 11 39 AN 'yU MASSACHUSETTS BOARD OF APPEALS Any appeal shall be filed within(201 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 zz� Walter F. Soule, acting Chairman mUdecoctU3 I .' . 0 it 0 (r f r % RECi.IVt' P,n appeal shall be filed ,s°'•��° •''�,�5 JOYCE BRAG`;�AW Y SACHUSE TOWN CLERK within (20) days after the NORTH ANDOVER TOWN OF NORTH ANDOVER date of filing of this Notice SEP ZZ 2 of PN '91 in the Office of the Town MASSACHUSETTS BOARDF O APPEALS NOTICE OF DECISION Property: 484 Andover St. NAME: Dante Realty Trust ���=Date: 9/17/97 ADDRESS: 484 Andover St.. Petition: 015-97 North Andover, MA 01845 Hearin 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 withoutr p ejudice. 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 /testdecJ12 t Any ..apnOMi ,s".all he filed in (?O1 s after the ;i ' r t tris Notice :~'`ass ,X � TC �rR, L�]ti; { the Town �'�� ' in the u+ i�� Of ;;sgciiu�;,* e1 +y"� Clerk. •..,..• SEP Z� �� �� :� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Date . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition No.. . . . . 03b-.9.3 . . . . . . . . . . Date of Hearing. . Sep.t.ember. 14,,. .1993 Petition of DaMe. .Realty. Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected 485 Andover Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Sec.tion .8.1. (i) and. Table . 2. of. the . Zoning .Bylaw. . . . . . . . . . . . so as to permit construction of a fi.f.teen. (15) foot d.r.iveway. and .to . allcw .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 Appeals voted to . . .DENY, the variance and hereby authorize the Building Inspector to issue a permit to DaMe Realty Trust. Signed L William ,Sullivan,,. Vice-chairman Walter. Soule,. Clerk , Robert. Ford . . . . . . John. Pallone . Board of Appeals 2i 6 4t it shall he filedt' as EXHIBIT "B" ayS after the N,Iciiu��. ��ling of this Notice •� f Office of the Town TOWN OF NORTH ANDOVER M11SSACHUSETTS Cz ��•� � w c:�—Icy BOARD OF APPEALS , NOTICE OF DECISION :t fTi:�Gi L� Date . . 17 1991 Petition No.. . .1��-9�. . . . . . . . . . . . Date of Hearing. .Jp, y. .9, . i 991. . . • , Petition of . . . . A.r.mand .J.. Ro.ssett�,. J.z•. , . ec. a� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . .485. Andover. 5.t.reet, . No,r.th .Andov.er. .ZiA. . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition fo,r a variation from the requirements of the . . . . . . . . . . ... . . . . . . . . . . Horth,Ando.ver .Zoning .By-Law. . . . . . , . . . so as to permit . . .a review. of .a. decision. made by. the. .Buildin& .Inspectcx. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . ' . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .UPHOLD , . ; the . . . . decision. of. the. Building. Ins.p. aHHX2f �fXX�Ypf�f } Ci��{y � � , Py�y��� r al lJ txtb .; . . . . . . . . .� I v • ATTEST* / j A True Copp Signed ' ,�.� ��LC.�Gf Fran `Serio, Jr. , Cl a rman . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Raymond Vivenzio ' Town Clerk . . . . . . . . . . . . . I . . . . . I . . . . . . . . . . ... . . . . . . . . . . Anna O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert P. Ford Board o/ Appeal 1 "�) c'oYs of r p IIIN C l.'� �':..NN to h Z U i. f t e "°,o" ITOW -Ei �. Of�i e this Notice °?° NOp1}1 ANUOV C 0 f the Town 01 Pk TOWN OF NORTH ANDOVER "z MASSACHUSETTS BOARD OF APPEALS ************************ * Andrew 6 .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, tQ AMW 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 Me neighborhood nor derogate from the intent and purpose of the Zoning Bylaw, Dated this 11th day of May, 1989. BOARD .OF PEALS 4 • �I William S llivan Acting C irman 0 � MAY I BUILDING DEPARTMENT ')T OF PARTIES OF INTEREST 3JECT PROPERTY ADDRESS PARCEL LOT NAME S A/ o Vc T Lim+ Med JTTERS ":.: ADDRESS PARCEL LOT NAME ov a BFN�R��� oFF•Lc6'PP�rL� �_ fiAt.: A. _un.lJAhnc iC/VNIuV 17-y" J � R �, n dv✓r� u�o 1 r n i f _ r✓p /`1A wu Jam_ ,,,, �JP-t.t,c c t' orr i r _� MA �1 C�1t�lt 9t y a � t a � J a r ,tino � Q r l � n war 6 J oZ q ;� i v o-1 , ✓JAY � 1 N — OV U I BOARD OF ASSESSORS TOWN OF ANDOVER CERTIFICATION OF ABUTTERS PETITION#: TSS PAGE: 1 PRINTED 23-JUN-97 09:12:10 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 AUGUSTINIAN COLLEGE 175 S HAVERHILL ST 1 5 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 Town of North Andover f NORTH OFFICE OF 3=O est a o a s BOOL COMMUNITY DEVELOPMENT AND SERVICES ° . Ip 30 School Street 4L.1 9 North Andover,Massachusetts 01845 WILLIAM J. SCOTT Director December 18, 1997 Peter Caruso, Esq. I Elm Square Andover, MA 01810 Re: 485 Andover Street Dear Mr. Caruso, Thank you for appearing before the Planning Board on December 16, 1997 to discuss the proposed changes to the site plan approved for 485 Andover Street. The Board has approved the revised driveway utilizing an easement on the adjacent property. If you have any further questions please do not hesitate to call me at 688-9535. Very truly yours, KaJUV W.o.�-:9-)C%r-� C Kathleen Bradley Colwell Town Planner cc. R.Rowen,Chairman,Planning Board CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDINGOFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 0 *146 MAIN STREET IN SUPPORT OF PETITION TO APPROVE A PERMIT APPLICATION AND PLANS WHICH WERE DENIED BY THE BUILDING INSPECTOR PETITIONER: DaMe Realty Trust PREMISES: 485 Andover St., North Andover, MA The premises are substantially located within the Business 4 zoning district; a corner of vacant land is located in Andover in a residential zone. The Andover resident has submitted a letter to the Town that she does not object to the Site Plan nor the proposed use and parking. Both the Andover Town Planner and Assistant Town Planner have no objection to the Site Plan and no objection to the diminimus use of a part of two parking spaces in Andover. The Town Planner provided an Andover ZBA decision in 1989 which allowed sixty parking spaces on residential land bordering Tewksbury. A similar Site Plan was shown and approved in 1993 to Andover Town Planners. On December 2, 1997, the Site Plan originally approved by the North Andover Planning Board was resubmitted to the Town Planner; with a revision showing a 25 ft. wide driveway (with an easement over the abutting business lot) and 5 parking spaces to be used by the abutter office. On December 16, 1997, after presentation of the revisions to the Planning Board, this revised driveway utilizing an easement of the adjacent property was approved. Upon presentation of the approved Site Plan and Easement to the Building Inspector,both the Site Plan and request for a Permit were denied. Pursuant to Sec. 8.3, Para. 4 (a), a plan approved by the Planning Board, " becomes the official plan for the site." Under Para. 7 (a) (i), said approval provides "the site plan complies with all current Bylaw requirements of the Town." Further, Para. 5 (c), allows a site plan to be prepared by "a certified architect." Therefore, the primary reasons for denial by the Building Inspector have been overcome by the approval of the Planning Board as the reviewing authority under 8.3, Para. 1 (b). Page 2 Although the originally submitted Site Plan contained distances, additional measurements to the Easement Plan have been added. (Reason for denial 2). The crossing of the Andover/North Andover Town boundary lines have been addressed above. (Reason for denial 3). The five (5) parking spaces for the benefit of 477 Andover Street, and partially located thereon, were wholeheartedly accepted by the Planning Board as a benefit to the area providing additional off strcet parking. The jurisdiction for this review rests with the Site Plan approval authority. (Reason for denial 4). The North Andover Assessor's data for 485 Andover Street lists the total finished interior area as 1,596 sq. ft., and the garage area as 288 sq. ft., for a total of 1,884 sq. ft. Under the Bylaw, a minimum of seven (7) parking spaces are required to service the premises. Fifteen (15) parking spaces are provided. The premises at 477 Andover Street have no application before the Building Inspector. (Reason for denial 5). The Easement Grant will be executed and recorded at the Registry of Deeds when a permit is issued by the building department. (Reason for denial 6). Although a variance was granted in 1989 for medical use with a condition that the garage be razed, this variance was never activated and has lapsed by operation of law. The current use as office space is permitted. Site Plan approval has been granted. The remaining issue has been resolved by the easement shown on the Easement Plan as Parcel A. The proposed use will be for a law office. We respectfully request that the Board authorize the Building Inspector to issue permits for the Premises. Conditions may include: 1. Execution and recording of easement and easement plan. 2. Compliance with Planning Board Site Plan approval. It Trust By it's Attorn January 13, 1998 Peter J. Caruso Town Of North Andover Project: Building Department 146 Main St.Town Hall Annex 0_° On site parking 508-688-9545 y Dante Realty Trust 485 Andover St.No.And. APPLICANT:Peter J. Caruso,Esq. SA SA One Elm Sq.Andover Ma RE: :letter of AM.Caruso&Drawing By J.D.Lagrasse&Assoc. DATE: December 24,1997 Title of Plans and Documents: Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: Zonin Use not allowed in District Not in conformance with Ph ase d Development nt Violation of Height Limitations Sin exceeds requirements ffViolation of Setback Front Side Rear Insufficient Lot Area Insufficient Parkin Violation of BuildingCoverage Insufficient Open Space Use ruires permits prior to BuildingPermit Sign requires permits prior to BuildingPermit complete by other departments Not in conformance with Growth By-Law x Other Does not conform to Parking Regulations Remedy for the above Is checked below. I Dimensional Variance Special Permit for Watershed Review Special Permit for Site Plan Review Special Permit for sign Complete Form U sign-offs Copy of Recorded Variance Information indicating Non-conforming status Copy of Recorded Special Permit Other Other Plan Review The plans and documentation submitted have the following inadequacies: 1.Information Is not provided,2.Requires additional information, 3.Information requires more clarification,4. Information is incorrect. 5.All of the above. j # # Jll Foundation Plan Plumbing Plans Subsurface investi ationCertified Plot Plan with proposed structure J Construction Plans 116 Affidavit l+ Mechanical Plans and or details Plans Stamped b proper discipline Electrical Plans and or details FramingPlan Fire Sprinkler and Alarm Plan Roofing FootingPlan Plans to scale Utilities Site Plan Water Supply Sewage Disposal Waste Disposal Other ADA and or ABBA r uirements Administration The documentation submitted has the following inadequacies: 1.Information Is not provided.2.Requires additional information. 3.Information requires more clarification.4. Information is incorrect.5.All of the above. # I I # Water Fee State Builders License Sewer Fee Workman's Compensation Building Permit Fee Homeowners Improvement Registration Building Permit Application Homeowners Exemption Form X 5 Other Other The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misreading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative'shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. I December 23 1997 December 24 1997 Building Department Official Signature Application Received Application Denied If Faxed Denial Sent December 29.1997 Referral recommended: Fire Health Police x Zonin Board I Conservation Department of Public Works j x Plannin Historical Commission +j Other BUILDING DEPT cc: William Scott Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Code .Reasons for Denial Reference Sec 8.3 Developments which require site plan review: Para 2(a)(ii). ii) Any construction,site improvements new uses in existing structure or developments which contain new processes not normally associate with the i existing use and which result in changes hi the potential nuisance to adjacent property,traffic circulation,storm water drainage onto or off of the site;and/or the application of the parking standards of Section 8.1 indicate the need for five (5)or more new or additional parking spaces. Additional reason The site plan("Plan") dated October 7, 1997,drawn by Joseph D.LaGrasse& j for denial I Associated,Inc. is not acceptable.The plan must be prepared by a licensed Professional Land Surveyor or Professional Engineer with the Proper discipline and bear the stamp and signature of the individual. 2. The site plan does not define the extent of the easement he(s). i I 3. The crossing of the Andover/North Andover Town boundary lines with two(2) i parking spaces is not allowed. 4. The crossing of the property Lot line of 485 Andover Street and 477 Andover Street with five(5)parking spaces is not allowed. 5. A building plan(s)showing the square footage and proposed/existing use must be submitted in order to determined the number of spaces required,in total,for the one(1)structure of the DeMa Realty Trust and the two(2)structures of the Ansel Realty Trust property. 6. The proposed"Grant of Easement between DeMa Realty Trust and Ansel Realty Trust has not been completed nor singed by the parties involved. I RECF'VED 4101Y:CE CRAD'SHAW . 'T:OWN DLERK A.R' TH ANDOVER Received by Town Clerk : SEC Z3 I 1 k9 AM '57 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Da:Me realty Trust Address 485 Andover Street ` Tel . No. c/o - 1 . Application is hereby made : a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws . b) For a special Permit under Section Paragraph of the Zoning Bylaws . MC) 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) 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 _qqCN9W. c) Premises affected are in Zoning District B4and the premises affected have an area of 20,178 square feet and frontage of 75.92 feet . 5 of 8 icev . Ub . 03 . yb 3 . Ownership : a) Name and address of owner (if joint ownership, give all names) : Barbara G. McDonald, trustee of DaMe Realty Trust Date of Purchase 5/24/93 Previous Owner Armand J. Rossetti, Jr. b) 1 . If applicant is not owner, check his/her interest L in the premises : Prospective Purchaser Lessee Other 2 . Letter of authorization for Variance/Special Permit required . 4 . Size of proposed building : 30.6 front ; 32.6 feet deep; Height 2 stories ; 25 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 6 . Description of relief sought on this petition Allow construction of a 25 foot (25) wide driveway. 7 . Deed recorded in the Registry of Deeds in Book 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. Planning Board has favorably reviewed site plan 2. Driveway wiarn is currently 25 feet. I agree to pay the filing fee, advertising in newspaper, and inc ' n al'�x�ens s* J� -r te 0-4 rr, Signature of e ' i er (s) 6 of 8 i�e,i . 06 . U-� . 9b 11 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: B4 (Business 4) Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area 20,178 square feet Street Frontage 72.92 ft. Front Setback 27 feet ± Side Setback (s) 13 feet ± Rear Setback Building Gross Floor Area 1,611 square feet Width of Driveway 25 feet 25 feet Special Permit Request: The requested relief is to allow the construction of a 25 foot wide driveway as shown on the submitted site plan. Said plan has been reviewed by the Planning Board and has been approved by the Board. A prior zoning decision (1989) required a garage to be razed. This zoning decision has lapsed for non-use within the two year period and the present 25 foot driveway obviates the garage removal. 7 of 8 Rev Ob . u3 . 96 ;T OF PARTIES OF INTEREST 3JECT PROPERTY ���, d ADDRESS PARCEL LOT NA E �° 161 Ifs T u N� ���;:: L1n.,ked �i.c{rocs�►�P JTTERS ; ,. . ADDRESS - PARCEL LOT NAME a BFNoR MNpo-a - o�F•ic6 Ppfrt� J` q rN p fes—C –�f R (1 r „ u 00 = u(rl p r Da ✓- M t' orr i r 3 MIA N 6 J � � a. A �GY l V� +i ✓J�1• � h�- � ;•!r � doh ✓Js+ Ll A 1 ,� Ul PiO �3 I i 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 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 JraN-1 5,—98 11 :39 A rl LAW. OFFICES 500 794 20GS F,. 01 +11.15%98 12 22 F.i.1 5 0 S 0866553 'NORTH ANr)0VER 'A too Post-itbrand lax transrnitial memo 76711 »W Pager- To 24iO ....... 1"To ......... Ea. 9p✓ Fxx © W Fax I? -rcwr4 c)r NC ......... BOARD OF APPEALS AP'Y,1PPe31 Sri"b&ffir'd No-r1rr= of aEci$10N the 425 AT)COVer at. North Aiidovv, MA dalkscof filing ofthis Notice in t11@ Office Of A DATE;-; 1/14/98 f tjaM r -97 VITION� 047 I AL)DRES-1. 485 Andover Sty.. .............. NE4ING: 1/13/9 �17 Nbi Arid�o�,j--- NO er MA 01845 -rhe Bcard Qf,4ppeais held a r&qular meeting on Tuejd2ly aveningJ-,3r0ary 1998, 40f,, 5 Andover St., N;-,,rtri Andover, MA as .a Party Aggrievad, r(�r sppqcatian of Dame Realty TruSt, 48 at, nr* Dther authority: of Pal-jjtjTaph 7, Section 8.1 to ojilding Inspector,review vi a dt,.cjsion made by the 17 ajl()w GJjj.t;tr-ucticri of a 25 fcjoi.driveway: Of tj)e Zorifno Sytaws- The following members were p17-11W-nt and Ellen LActntYr'F- id The 11(r-Jfjjlg W2$ 2dVertigl?d in t11(,, Lawrence Tribune on 9130f97 & 10/5/97, and 0 ab-UttFrs 'A0r1P by j'4_,guj2r mail Upon a motion made by Raymond Vivenzie, ar)d seconded by I=Ilen McIntyre, the Soard voted to uphold the decision of denial r1lide by the Building InspectuT,# , 4Y T-;Wfit' bef erRefit; *h@ 60mi4em'"It, ri%�tjtjem V—p9 r1eigied, Walter F. Scute; votioa in favor. R2YMO(Wi Vvenzilo, Robert Ford, Ellen McIntyre, vorIfIg oppoiied,. John Fa110ne- Walter i'. route, actr�Chai��,2n Mdecoctr3 Ana Awl 4ye"r- 141 01/15/98 12:33 TX/RX NO.7417 P.001 i &ORTII FO � D �,SSACHUS*, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Steven's Memorial Library, 345 Main St., North Andover, MA on Tuesday the 13th day of January, 1998, at 7:30 PM to all parties interested in the appeal of DaMe Realty Trust, 485 Andover St., North Andover, MA 01845 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.. Said premises are property with frontage on the South side of 485 Andover St., North Andover, MA which is in the B-4 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street. By Order of the Board of Appeals, LEGAL NO-1-CE William J. Sullivan, Chairman TOWN OF NORTH ANDOVER MASSACHUSETTS_, BOARD OF APPEALS. Notice is hereby given that the Board'of Appeals will hold a public hearing at the Steven's Memorial Published in the Eagle Tribune on 12/30/97 & 1/6/98 Library,nd a45 rt, MA ain San Tuesday t;v, t at a:30 at January, PM to all parties interested in the appeal of Delle Realty Trust 485 Andovar, tegalnov/5 I St., North Andover, MA 01845 airs Rang.Agprter ad,for review of a declsion made by the Building Inspector or other authority of Paragrah 7,Section 8.1' to allow construction of;'g.. 25 foot driveway,. of the' Zoning Bylaws. Said premises are prop-•l arty with frontage on the South side of 485' Andover St., North Andover, MA which Is in the B.4 Zoning District. Plans are available for review at the Office of the Buildng Dept., Town Hal l,f 120 Main SBy Order of the Board of Appeals William J.Sullivan, Chairman E-T—December 30,1997; .lanuary 6,1998— Town Of North Andover Project: Building Department ,�ORTN if 146 Main St. Town Hall Annex �: '� �p On site parking 508-688-9545 + . * DaMe Realty Trust 485 Andover St. No. And. APPLICANT : Peter J. Caruso, Esq. cHusf� One Elm Sq. Andover Ma RE: :letter of Atty. Caruso & Drawing By J.D. Lagrasse&Assoc. DATE: December 24, 1997 Title of Plans and Documents: Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: Zoning Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations Si n exceeds requirements Violation of Setback Front Side Rear Insufficient Lot Area Insufficient Parking Violation of Building_Coverage Insufficient Open Space Use reg uires permits prior to Building Permit Sign requires permits prior to Building Permit Form U not complete by other departments Not in conformance with Growth By-Law x Other Does not conform to Parking Regulations Remedy for the above is checked below. Dimensional Variance Special Permit for Watershed Review Special Permit for Site Plan Review Special Permit for sign Complete Form U sign-offs Copy of Recorded Variance Information indicating Non-conforming status Copy of Recorded Special Permit Other Other Plan Review The plans and documentation submitted have the following inadequacies : 1.Information Is not provided,2.Requires additional information, 3.Information requires more clarification 4. Information is incorrect. 5.All of the above. # # Foundation Plan Plumbing Plans Subsurface investigation Certified Plot Plan with proposed structure Construction Plans 116 Affidavit Mechanical Plans and or details Plans Stamped by proper discipline Electrical Plans and or details Framing Plan Fire Sprinkler and Alarm Plan Roofing Footing Plan Plans to scale Utilities Site Plan Water Supply Sewage Disposal Waste Disposal Other ADA and or ABBA requirements Administration The documentation submitted has the following inadequacies: 1.Information Is not provided.2.Requires additional information. 3.Information requires more clarification.4. Information is incorrect.5.All of the above. # I I # Water Fee State Builders License Sewer Fee Workman's Compensation Building Permit Fee Homeowners Improvement Registration Buildinq Permit Application Homeowners Exemption Form x 5 Other Other The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. December 23, 1997 December 24, 1997 Building Department Official Signature Application Received Application Denied If Faxed Denial Sent December 29, 1997 Referral recommended : Fire Health Police x Zoning Board Conservation Department of Public Works x Planning Historical Commission Other BUILDING DEPT cc: William Scott Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Code Reasons;torDenial Referenice.. . Sec 8.3 Developments which require site plan review: Para 2(a)(ii) ii) Any construction, site improvements new uses in existing structure or developments which contain new processes not normally associate with the existing use and which result in changes in the potential nuisance to adjacent property, traffic circulation, storm water drainage onto or off of the site; and/or the application of the parking standards of Section 8.1 indicate the need for five (5) or more new or additional parking spaces. Additional reason The site plan("Plan") dated October 7, 1997, drawn by Joseph D. LaGrasse & for denial 1 Associated, Inc. is not acceptable . The plan must be prepared by a licensed Professional Land Surveyor or Professional Engineer with the Proper discipline.. and bear the stamp and signature of the individual. 2. The site plan does not define the extent of the easement line(s). 3. The crossing of the Andover/North Andover Town boundary lines with two (2) parking spaces is not allowed. 4. The crossing of the property Lot line of 485 Andover Street and 477 Andover Street with five (5) parking spaces is not allowed. 5. A building plan(s) showing the square footage and proposed/existing use must be submitted in order to determined the number of spaces required, in total, for the one (1) structure of the DeMa Realty Trust and the two (2) structures of the Ansel Realty Trust property. 6. The proposed "Grant of Easement between DeMa Realty Trust and Ansel Realty Trust has not been completed nor singed by the parties involved. t Ls TOWN .0 lzH�' NATH.ANNavi£R Received by Town Clerk : DEC 23 11 .50 AN r TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE I Applicant DaMe realty Trust Address 485 Andover Street Tel . No. c o 978/ 475-270U- 1 . Application is hereby made: a) Fora variance from the requirements of Section Paragraph 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) 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 4CM . 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 . /l Ser T.�v 5 of 8 i<ev. 06 - 03 - y6 3 . Ownership : a) Name and address of owner (if joint ownership, give all names) : Barbara G. McDonald, trustee of DaMe Realty Trust Date of Purchase 5/24/93 Previous Owner Armand J. Rossetti, Jr. b) 1 . If applicant is not owner, check his/her interest L in the premises : Prospective Purchaser Lessee Other 2 . Letter of authorization for Variance/Special Permit required . 4 . Size of proposed building : 30.6 front ; 32.6 feet deep; Height 2 stories ; 25 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 6 . Description of relief s construction of a 25 foot �25� wide driveway. 7 . Deed recorded in the Registry of Deeds in Book = 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. Planning Board has favorably reviewed site plan 2. DrTway wiM is currently 25 feet. I agree to pay the filing fee, advertising in newspaper, and inc ' n a ens s* iia Lem d Caaj,- 0.4 � Signature of e i er (s) 6 of 8 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: B4 (Business 4) Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area 20,178 square feet Street Frontage 72.92 ft. Front Setback 27 feet ± Side Setback(s) 13 feet ± Rear Setback Building Gross Floor Area 1,611 square feet Width of Driveway 25 feet 25 feet Special Permit Request: The requested relief is to allow the construction of a 25 foot wide driveway as shown on the submitted site-plan. Said plan has been reviewed by the Planning Board and has been approved by the Board. A prior zoning decision (1989) required a garage to be razed. This zoning decision has lapsed for non-use within the two year period and the present 25 foot driveway obviates the garage removal. 7 of 8 Rev Ob . 03 . 96 r ;T OF PARTIES OF INTEREST 3JECT PROPERTY ADDRESS PARCEL LOT NAME S N ID VE �— .JTTERS ADDRESS PARCEL LOT NAME of F•zc 6"PP rR`� J '� �� r !� do vir ] 'y1 . Trust -100 " r,, •,d ✓c IK 0,//1 ✓; I A ✓ _ M f n Lay -�= - or r!,!___-- MPJ ww/ J fA Ctntlk- -voMs a A r J ri wI r of (� oZ. A �cr 1 v o� +� ✓Jay C r�1 -- D/�/ I BOARD OF ASSESSORS TOWN OF ANDOVER CERTIFICATION OF ABUTTERS PETITION#: TEWKS PAGE: 1 PRINTED 23-JUN-97 09:12:10 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 MAILING ADDRESS MAP PARCEL UNIT PROPERTY OWNER MAILING 175 S HAVERHILL ST 1 5 AUGUSTINIAN COLLEGE ANDOVER MA 01810 THE MERRIMACK VALLEY MERRIMA 2 48 NO ANDOVER MA 01845CK COLLEGE INC TURNPIKE RD MCNULTY, FRANCIS A 200 ELM ST 2 49 ANDOVER MA 01810 JOANNA M MCNULTY DAME REALTY TRUST 485 ANDOVER ST 2 50 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 231997 Town Of North Andover Project: Building Departmentlob g , o��.�.e .!tio •� 146 Main St.Town Hall Annex � � - � p On site parking 508-688-9545 DaMe Realty Trust x 485 Andover St. No. And. APPLICANT : Peter J. Caruso, Esq. �Ss�crmusm One Elm Sq. Andover Ma RE: letter of Atty. Caruso& Drawing By J.D. Lagrasse&Assoc. DATE: December 24, 1997 Title of Plans and Documents: Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: Zoning Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations Sign exceeds requirements Violation of Setback Front Side Rear Insufficient Lot Area Insufficient Parking Violation of Building Coverage Insufficient Open Space Use requires permits prior to Building Permit Sign requires permits prior to Building Permit Form U not complete by other departments Not in conformance with Growth By-Law x Other Does not conform to Parking Regulations Remedy for the above Is checked below. Dimensional Variance Special Permit for Watershed Review Special Permit for Site Plan Review Special Permit for sign Complete Form U sign-offs Copy of Recorded Variance Information indicating Non-conforming status Copy of Recorded Special Permit Other Other Plan Review The plans and documentation submitted have the following inadequacies : 1.Information Is not provided,2.Requires additional information, 3.Information requires more clarification,4. Information is incorrect. 5.All of the above. # # Foundation Plan Plumbing Plans Subsurface investigation Certified Plot Plan with proposed structure Construction Plans 116 Affidavit Mechanical Plans and or details Plans Stamped by proper discipline Electrical Plans and or details Framing Plan Fire Sprinkler and Alarm Plan Roofing Footing Plan Plans to scale Utilities Site Plan Water_Supply Sewage Disposal Waste Disposal Other ADA and or ABBA requirements Administration The documentation submitted has the following inadequacies 1.Information Is not provided.2.Requires additional information. 3.Information requires more clarification.4. Information is incorrect.5.All of the above. Water Fee State Builders License Sewer Fee Workman's Compensation Building Permit Fee Homeowners Improvement Registration Building Permit Application Homeowners Exemption Form x 5 Other Other The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any Inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. December 23, 1997 December 24, 1997 Building Department Official Signature Application Received Application Denied If Faxed Denial Sent December 29, 1997 Referral recommended : Fire Health Police x Zoning Board Conservation Department of Public Works x Planning Historical Commission Other BUILDING DEPT cc: William Scott Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Code keasons f benia Reference Sec 8.3 Developments which require site plan review: Para 2(a)(ii) ii) Any construction, site improvements new uses in existing structure or developments which contain new processes not normally associate with the existing use and which result in changes in the potential nuisance to adjacent property, traffic circulation, storm water drainage onto or off of the site; and/or the application of the parking standards of Section 8.1 indicate the need for five (5) or more new or additional parking spaces. Additional reason The site plan("Plan") dated October 7, 1997, drawn by Joseph D. LaGrasse & for denial 1 Associated, Inc. is not acceptable . The plan must be prepared by a licensed Professional Land Surveyor or Professional Engineer with the Proper discipline., and bear the stamp and signature of the individual. 2. The site plan does not define the extent of the easement line (s). 3. The crossing of the Andover/North Andover Town boundary lines with two (2) parking spaces is not allowed. 4. The crossing of the property Lot line of 485 Andover Street and 477 Andover Street with five (5) parking spaces is not allowed. 5. A building plan (s) showing the square footage and proposed/existing use must be submitted in order to determined the number of spaces required, in total, for the one (1) structure of the DeMa Realty Trust and the two (2) structures of the Ansel Realty Trust property. 6. The proposed "Grant of Easement between DeMa Realty Trust and Ansel Realty Trust has not been completed nor singed by the parties involved. Town Of North Andover Project: Building Department TORT`1�0 146 Main St.Town Hall Annex �? °� °p On site parking 508-688-9545 Dante Realty Trust 485 Andover St. No. And. Arnn��y� APPLICANT : Peter J. Caruso, Esq. CHUSEt One Elm Sq. Andover Ma RE: :letter of Atty. Caruso&Drawing By J.D. Lagrasse 8r Assoc. DATE: December 24, 1997 Title of Plans and Documents: Please be advised that after review of your Building Permit Application and Plans that your Application is DENIED for the following reasons: Zoning Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations Sign exceeds requirements Violation of Setback Front Side Rear Insufficient Lot Area Insufficient Parking Violation of Building Coverage Insufficient Open Space Use reg uires permits prior to Building Permit Sign requires permits prior to Building Permit Form U not complete by other departments Not in conformance with Growth By-Law x Other Does not conform to Parking Re ulations Remedy for the above is checked below. Dimensional Variance Special Permit for Watershed Review Special Permit for Site Plan Review Special Permit for sign Complete Form U sign-offs Copy of Recorded Variance Information indicating Non-conforming status Copy of Recorded Special Permit Other Other Plan Review The plans and documentation submitted have the following inadequacies : 1.Information Is not provided,2.Requires additional information, 3.Information requires more clarification 4. Information is incorrect. 5.All of the above. # # Foundation Plan Plumbing Plans Subsurface investigation Certified Plot Plan with proposed structure Construction Plans 116 Affidavit Mechanical Plans and or details Plans Stamped by proper discipline Electrical Plans and or details Framing Plan Fire Sprinkler and Alarm Plan I Roofing Footinq Plan Plans to scale Utilities Site Plan Water Supply Sewage Disposal Waste Disposal Other ADA and or ABBA requirements Administration The documentation submitted has the following inadequacies : 1.Information Is not provided.2.Requires additional information. 3.Information requires more clarification.4. Information is incorrect.5.All of the above. Water Fee State Builders License Sewer Fee Workman's Compensation Building Permit Fee Homeowners Improvement Registration Building Permit Application Homeowners Exemption Form X i 5 1 Other Other The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. December 23, 1997 December 24, 1997 Building Department Official Signature Application Received Application Denied If Faxed Denial Sent December 29, 1997 Referral recommended : Fire Health Police x Zoning Board Conservation Department of Public Works X Planning Historical Commission Other BUILDING DEPT cc: William Scott Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Code Reasons for Denial Reference Sec 8.3 Developments which require site plan review: Para 2(a)(ii) ii) Any construction, site improvements new uses in existing structure or developments which contain new processes not normally associate with the existing use and which result in changes in the potential nuisance to adjacent property, traffic circulation, storm water drainage onto or off of the site; and/or the application of the parking standards of Section 8.1 indicate the need for five (5) or more new or additional parking spaces. Additional reason The site plan("Plan") dated October 7, 1997, drawn by Joseph D. LaGrasse & for denial 1 Associated, Inc. is not acceptable . The plan must be prepared by a licensed Professional Land Surveyor or Professional Engineer with the Proper discipline and bear the stamp and signature of the individual. 2. The site plan does not define the extent of the easement line (s). 3. The crossing of the Andover/North Andover Town boundary lines with two (2) parking spaces is not allowed. 4. The crossing of the property Lot line of 485 Andover Street and 477 Andover Street with five (5)parking spaces is not allowed. 5. A building plan(s) showing the square footage and proposed/existing use must be submitted in order to determined the number of spaces required, in total, for the one (1) structure of the DeMa Realty Trust and the two (2) structures of the Ansel Realty Trust property. 6. The proposed"Grant of Easement between DeMa Realty Trust and Ansel Realty Trust has not been completed nor singed by the parties involved.