HomeMy WebLinkAboutMiscellaneous - 485 ANDOVER STREET 4/30/2018 (7) L111 2a 6e�41,7'IV
iMOAT„ 7,. `• ' 'A TN
... .�' ..0 ,a t� �+t•�'r :aaa 00 y NORTfy
►O
►� „ a 3?• of
• ; s o m
—- TOWN OF ss�CHU
TOWN OF NORTH ANDOVER
NORTH ANDOVER MASSACHUSETTS
MASSACHUSETTS BOARD OF APPEALS WN OF NORTH ANDOVER
BOARD OF APPEALS NOTICE I
NOTICE Notice is hereby given MASSACHUSETTS
Notice is hereby given that the Board of Appeals
that the Board of Appeals Will give a hearing at the
will give a hearing at the Senior Citizen's Center
Senior Citizen's Center located at the rear of the
located at the rear of the Town Building,120 Main)ARD OF APPEALS
Town Building,120 Main Street,North Andover on
Street,North Andover on Tuesday evening the 13th
Tuesday evening the 13th day of July 1993,at 7:30 NOTICE
day of July 1993,at 7:30 o'clock,to an parties inter-
Wclock,to all parties Inter- ested in the appeal of DaMe
ested In the appeal of DaMe Realty Trust requestinga
Realty Trust requesting a variation of Sec.8.1 (7 &
variation of Sec.8.1 (7)& Table 2,FN 3 of the Zoning
Table 2,FN 3 of the Zoning By taw so as to permit the
BY Law so ea to permit the construction of a 15'drive-
construction of a 15'drive- way and to allow pavement given that the Board of Appeals will give a
way and to allow pavement within the 50'buffer zone
within the 50'buffer zone between Town of Andover
between Town of Andover!;residential zone and Town Citizen's Center located at the rear of the
residential zone and Town of North Andover business
of North Andover business zone on the premises,
zone on the premises, located at 485 Andover
located at 485 Andover• Street. in Street, North Andover on Tuesday
street. By Order of the Board
By Order of the Board of Appeals
of Appeals 2 Frank Serio,Jr., 3 th day of July
Frank Serio,Jr., Chairman
Chairman E-T—June30•Ju17�1993
E-T—June30;Ju11r7,1993 i c 0- lock, to all parties interested in the
appeal of DaMe Realty Trust requesting .a
variation of Sec. 8.1 (7) & Table 2, FN 3 of the Zoning By Law
so as to permit the construction of a 15' driveway and to allow Tavement
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
By Order of the Board of Appeals
Frank Serio, Jr. , Chairman
Lawrence Eagle-Tribune a�7
Publish in the VdItt cmli on June-O & July 7, 1993
y NORTN
O 9
t � t
sBACHUS�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
I
Notice is hereby given that the Board of Appeals will give a
hearing at the Senior Citizen's Center located at the rear of the
Town Building, 120 Main Street, North Andover on Tuesday
evening the 13th day of July
19 93 at 7:30 o'clock, to all parties interested in the
appeal of DaMe Realty Trust requesting a
variation of Sec. 8.1 (7) & Table 2, FN 3 of the Zoning By Law
so as to permit the --instruction 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
By Order of the Board of Appeals
Frank Serio, Jr. , Chairman
Lawrence Eagle-Tribune 4q
Publish in the on June_aO & July 7, 1993
Any appeal shalt be filed rr
th
cia s after e RE
within (20► Y
oF tN,OERoTh
da�_ c�f tiling of this Notice
U
in the Oc ice of the 7c)wn
O A
F-
OerR. 414 11
'93
QqrFo W'PP`Sc
�9SSACFIUSE�
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 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,s_ubstantial 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
OF HORT/,�
KAREN H.P.NELSON $9 Town of 120 Main Street, 01845
Director NORTH ANDOVER (508) 682-6483
BUILDING
CONSERVATION @$°��5�s DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
July 13, 1993
Mr. Frank Serio Jr, Chair
Zoning Board of Appeals
120 Main Street
North Andover, MA 01845
Re: 485 Andover Street
Dear Mr. Serio,
I am writing to express the Planning Board's support for the
variance from Section 8. 1 (7) for the construction of a fifteen
(15) foot driveway requested by DaMe Realty Trust. The granting
of the variance will preserve an existing garage that is attached
to the building. After reviewing the site, the Planning Board
believes that the garage should be preserved for the reasons
outlined below.
The Board would like to maintain the residential character
of Andover Street. The presence of the garage adds to the
residential nature of the site. Without the garage, the site
would appear more commercial as the parking lot behind it will be
visible.
The garage would screen the parking lot that will be
constructed behind the house. The screening of the lot aids in
the preservation of the residential character of the street.
The use of the house as an office will have minimal daily
traffic flow. As such the Board believes that a 15 foot driveway
will provide safe and adequate access to and from the parking
lot.
Based on the above, the Planning Board urges you to grant
the variance on the width of the driveway to preserve the
residential character of the street and to help screen the
parking lot.
SAnceQ
Kathleen E�Hhr Ed?e y
Town Planner
CC. K. Nelson, Dir. PCD
R. Nardella, Chair PB
Andoversite. 4
�Jt�
NORTH ANDOM T _
CONSERVATION COMM ONWEALTH -DF'
MASSACHUSETTS
SUFFOLK, SS. OCT ; '>'! s JND COURT DEPARTMENT
DOCKET NO.
DaMe REALTY TRUST, by
BARBARA G. MacDONALD, ) �� . 1
Trustee, a ,
Plaintiff )
VS. )
COMPLAINT
WILLIAM J. SULLIVAN, WALTER )
SOULE, ROBERT P. FORD and ) (G.L.c. 40A, §17)
JOHN PALLONE, AS THEY ARE )
ALL MEMBERS OF THE BOARD )
' OF APPEALS OF THE TOWN )
I OF NORTH ANDOVER, )
Defendants )
1. The Plaintiff, pursuant to G.L.c. 40A, §17 , appeals the
September 14 , 1993 , Petition No. 036-93 , decision of the Board of
Appeals of the Town of North Andover ("the Board of Appeals") ,
denying the Plaintiff's application for a variance under G.L. c.
40A.
2 . The Plaintiff, Barbara G. MacDonald, trustee of the DaMe
Realty Trust, has an office address of 485 Andover Street, North
Andover, Massachusetts 01845.
3 . The Defendants are members of the Board of Appeals and all
reside in North Andover, Massachusetts as follows:
William J. Sullivan 405 Salem Street
North Andover, MA 01845
Walter Soule 70 Raleigh Tavern Lane
North Andover, MA 01845
Robert P. Ford 89 Bear Hill Road
North Andover, MA 01845
John Palllne 67 Vest Way
North Andover, MA 01845
4 . The Plaintiff holds title to a parcel of land ("the
locus") located at 485 Andover Street, North Andover, .
Massachusetts. Title is derived from a deed from Armand J.
Rossetti, Jr. , et al, recorded at the Essex North District Registry
of Deeds on May 26, 1993 , as Document Number 15226.
LAW OFFICES
-ETERJ.CARUSO 5. The locus is in the Zoning District B4 (Business 4) .
ONE ELM SQUARE
ANDOVER,MA 0 18 10 1
TEL:(508)475-2200
=AX:(SOS)475-1001
6. The existing two-story structure on locus has a gross
floor area of 1, 494 square feet and an attached garage used for
storage of an automobile.
7. The North Andover Zoning By-Law §8 . 2 and 8 .4 state that
off street parking regulations do not apply when, under the By-Law
schedule, the minimum parking totals five (5) parking spaces or
less.
8 . The By-Laws requires one (1) space per 300 square feet of
gross floor area. Since the gross floor space area of the existing
structure is 1, 494 square feet, the minimum parking would amount to
five (5) parking spaces or less.
9 . The Plaintiff by letter of July 8 , 1993 , specifically
notified the Board of Appeals that locus does not apply to the
parking regulations under the By-laws (see Exhibit "A" attached
hereto) .
10. §8 . 1 (7) of the Off Street Parking regulations of the
Zoning By-Law requires a driveway of not less than 25 feet wide.
11. Table 2 , Footnote 3 , of the By-Laws requires a 50 foot
unbuilt upon, unpaved and not parked upon area abutting a
residential district.
12 . Plaintiff filed a written application for a variance with
the Board of Appeals pursuant to G.L.c. 40A and the Zoning By-laws
of the Town of North Andover. (A copy of the Plaintiff's
application for relief from the zoning ordinance is attached as
Exhibit B) .
13 . The Board of Appeals held a regular meeting on Tuesday,
September 14 , 1993 , continued from July 13 , 1993 and August 10,
1993 , upon the application of the Plaintiff requesting a variation
of §8 . 1 (7) and Table 2 , FN3 of the Zoning By-Laws so as to permit
construction of a 15 foot driveway and to allow pavement within the
50 foot buffer zone between the Town of North Andover and the Town
of Andover's residential zone.
14 . On September 14 , 1993 , upon a motion to grant the variance
as requested, the Board of Appeals voted unanimously to deny the
- Plaintiff's application for a variance.
15. On September 28 , 1993 , the decision of the Board of
Appeals was recorded in the Office of the Town Clerk of North
Andover. (A certified copy of the decision is attached hereto and
marked Exhibit C) .
16. The Plaintiff is a person aggrieved within the meaning of
LAW OFFICES G.L.c. 40A, §17 by the decision of the Board of Appeals to deny her
'ETERJ.CARUSO application for a variance.
ONE ELM SQUARE
HOOVER,MA 0 18 10 2
"EL:(508)475-2200
-AX:(508)475-1001
17. The decision of the Board of Appeals to deny the
Plaintiff's application for a variance exceeded the authority of
the Board of Appeals.
18 . The Zoning By-Laws excludes the size of the structure on
locus from the off street parking regulation and, therefore, the
jurisdiction of the Board.
19 . Denial of this variance by the Board on the grounds that
no hardship exists is arbitrary, capricious and based on a legally
untenable ground. All business sites in the area contain driveways
less than 25 feet and less than what the Plaintiff proposed. To
require the Plaintiff to demolish part of the existing structure on
this same lot is contrary to all other allowed uses and driveways
in this area. The hardship would not only be financial but also
physical destruction of part of the building.
20. Denial of this variance by the Board on the grounds that
the requested relief would cause substantial detriment to the
public good is not substantiated by the evidence. The prior use of
locus, which the Town apparently permitted, was as a fraternity
house with cars parked on the front lawn, stacked in the driveway,
and on the sidewalk. Plaintiff proposes parking in the rear,
shielded from public view, in an orderly manner. Use will be as an
office building with little traffic. Neighbors on both sides favor
Plaintiff's proposal - and welcome the change in use, as
substantiated by evidence to the Board.
21. Additional evidence presented to the Board of Appeals by
the Plaintiff indicated that a variance would not nullify or
substantially derogate from the intent or purpose of the zoning
ordinances, that the shape and location of this business lot are
particular to this area and did not affect generally this zoning
district, that a literal enforcement of the zoning ordinances would
create a substantial hardship to the Plaintiff, and that the
desired relief could be granted without substantial detriment to
the public good. There was no evidence presented to the Board or
offered by the Board that traffic egress, ingress, rate bf traffic
flow, or other information suggesting that Plaintiff's driveway
would either be any different than currently existing driveways or
would cause any detriment.
22 . The abutting residential zoning is not located in North
Andover and, therefore, North Andover should not exercise its
jurisdiction of this locus to another town's zoning district. The
Town of Andover, as an aside, did not object to this variance, nor
did the abutting residential neighbor. Also, the size of the
structure removes this matter from the jurisdiction of the Board
under their own By-Laws, as indicated above.
I OFFICES
J.CARUSO
ASQUARE
MA 01810 3
475-2200
175-1001
ti
23 . Based on the above, and the fact that the Board failed to
make specific findings, it is alleged that in denying said
variance, the Defendants, the Members of the Board of Appeals,
exceeded their authority in an unreasonable, whimsical, capricious,
and arbitrary manner.
WHEREFORE, the Plaintiff respectfully prays that the Court:
1. Hear all pertinent evidence and determine the facts;
2 . Determine and adjudge that the Board of Appeals' decision
to deny the Plaintiff's application for a variance was error as a
matter of law and fact and that the Board of Appeals exceeded its
authority;
3 . Annul the September 14 , 1993 decision of the Board of
Appeals; and
4 . Grant such further relief as justice and the rights of
parties may require.
BARBARA G. MacDONALD, trustee of
DaMe Realty Trust
orney,
Dated: October 18 , 1993 C�
Peter J. uso, Esq.
LAW OFFICES OF PETER J. CARUSO
One Elm Square
Andover, MA 01810
Tel . (508) 475-2200
B.B.O. #076920
LAW OFFICES
'=TER J.CARUSO
CNE ELM SQUARE
':]OVER,MA 0 18 10 4
E'_:(SO8)475-2200
AX:(508)475-1001
LAW OFFICES LexHIBIT "A"
PETER J. CARUSO
ONE ELM SQUARE
ANDOVER,MASSACHUSETTS 01810
PETER J.CARUSO TEL:(508)475-2200
RAYMOND J.CANNON,JR. FAX:(508)475-8880
i
July 8 , 1993
Board of Appeals
Town Office Building
North Andover, MA 01845
RE: 485 Andover Street
Scheduled hearing on July 13 , 1993
Members of the Board:
A field verification of the outside foundation dimensions of
the existing structure at 485 Andover Street has been conducted by
a Registered Architect.
The gross floor area (GFA) of 485 Andover Street is 1, 494
square feet. This verification bearing the seal of the Registered
Architect is attached hereto.
Under the Zone By-Law office use requires 1 space per 300
square feet of GFA. The minimum square feet required for this
structure is five (5) .
Therefore, the Off Street Parking regulations do not apply
when under the ZBA schedule the minimum parking amounts to five (5)
parking spaces or less (emphasis supplied) . See N.A. ZBL §8 . 2 and
§8 . 4 . A copy of these sections are attached hereto.
Sincerely,
Peter Caruso
PJC/sig
Enc.
cc: Kathleen E. Bradley, Esq.
Robert Nicetta, Building Inspector
Joseph D. LaGrasse & Associates, Inc.
Architects • Engineer.S • Lund Planners
1 Elm Square
Andover, Massachusetts 01810-3609
Phone: (508) 470-3675
July 6 , 1993
Atty Peter Caruso
One Elm Square
Andover, MA 01810
Re: field dimension review
as built construction
485 Andover Street
North Andover, Ma 01845
Dear Sir
I have field verified the foundation outside dimensions
of the existing dwelling and have calculated the gross floor
area for the first & second floors. The use of the existing
garage is assumed for storage of an automobile and would not
be included in the gross floor area of the usable space.
The building floor gross area is 1494SF and is comprised
of 864SF on the first floor and 630SF ' on the second floor.
Calculation:
Main House . . . 30 . 0 ' wide X 22 . 01deep on two floors less
4 . 0 ' X 7 . 0 ' stairwell opening
Rear Addition . . . 17 . 0 ' wide X 10 . 0 ' deep on first floor
Bathroom Addition . . . 4 . 0 ' wide X 8 . 0 ' deep on
first floor
If you require further information please contact me.
M„
� C F�
� C'
Sincerely, �QN D. a GS f
SS. �;
.-nom METHUEN,
No ti
MA'SS. h
Joseph D. Grasse AIA o�t� PG�
Joseph D. LaGrasse & Asso M"'
Architect & Engineers
Sq `
f7,• ,
SECTION 8 SUPPLEMENTARY REGULATIONS
8 . 1 Off Street Parking
1. Whenever a building is erected, reconstructed, moved or
expanded or if a change in use occurs so as to increase it
floor area and/or design capacity, there shall be provided
on the same lot with such building or on a lot contiguous
thereto (or within 100 feet thereof) in the same ownership
as the parcel containing the primary use, a sufficient
number of open or covered parking spaces to satisfy the
requirements of the following schedule for the new building
or increased design capacity of floor area:
2 . Where a use is not indicated prior to construction or
issuance of building permit, the number of parking spaces
provided shall be the maximum required.
Use Minimum Spaces Required
One or two family residence 2 spaces per dwelling
t unit.
Multi family residence 2 spaces per dwelling
unit. 1 space per
dwelling unit for a unit
designed and occupied by
the elderly as defined
under government assisted
programs.
Congregate Housing 0 . 75 per dwelling unit
(29/ - 87)
All other places with 1 space per sleeping room
accommodations including for single or double
(but not limited to) occupancy, 1 per 2 for
rooming houses, hotels, rooms exceeding double
16K' motels, hospitals, nursing beds for rooms exceeding
41homes. double occupancy.
Auditoriums, theaters, 1 space per 4 persons
athletic fields, funeral based on the design
parlors, day care centers capacity of the facility.
and other places of assembly.
Restaurants, sit down 1 per 2 seats or 15 per
restaurants, drive through 1000 GFA. (Whichever is
or fast food. greater applies)
Retail store and service 6 per 1000 square feet
establishments. GFA except 5 per 1000
square feet GFA in I`
Business 1 and 2
General Business .
1
Offices 1 space per 300 square i
feet of GFA.
Medical Offices and 3 Spaces per 1000 square
Research facilities feet GFA plus one space
per employee. i
a
Warehousing, Wholesaling, 1 space per 500 square
distributing feet GFA.
Manufacturing, assembly, 1 space per 2 employees
fabrication, etc. in the minimum working
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 . i.
a use with
to identify <
5 . If the Building Inspector is unableY
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 f
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 G
use.
,rl
E
i
L
Received by Town Clerk:
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant '-DG e rU t Address .s� AndoV*.r ftrfft
Tel. No. N?�-aa00
1. Application is hereby made:
a) For a variance from the requiremenotfs of the ZoningL-Bylaws.
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 ✓ and buildings)
numbered �/k C A oyt r Sfr�e t mac'
b) Premises affected are property with frontage on the
North ( )
South ( VJ East ( ) West ( ) side of AnLt^
Street.
Street, and known as No.
Ana ov4 r' Street.
C) Premises affected are in Zoning District , and the
premises affected have an area of /7 d' square feet
and frontage of gj 9;t feet.
3 . Ownership:
a) Name and address of owner (if joint- ownership, give all
names) :
L11 �A ra a c na ru ff v G e4 /
Date of Purchase
S- a Previous Owner i4 r—r o
b) 1. If applicant is not owner, check his/her interest
in the premises: Other
Prospective Purchaser Lessee
2 . Letter of authorization for Variance/Special Permit
required.
4 . Size of proposed building: 30. to front; 7a• 6 feet deep;
• a
Height __A,_ stories; feet.
a) Approximate date of erection: / qG a ±
b) Occupancy or use of each floor: O V;ce-
c) Type of construction: 1004
5. Has there been a previous appeal, under zoning, on these
premises? 1 If so, when? r7{Y� W r2-0-
6. Description ot relief sought on this petition
ln/i d a f L�r; vt Pag ry w+ 02 .r' 7o / S-1 .
V rA Doc. #/,raa G.
7 . Deed recorded in the Registry of Deeds/I1-m Beek _
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
o>• hA n , TUA ^^J Y hl V; hR en
3 - r4-%4 uIt i1 a t;cf- lar Y>'i4r,MyVM4hf rok-W'�h. '
I agree to pay the filing fee, advertising in newspaper, and
expe sesC
*
1.
f? e/y
Sign 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
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
MAP IPARCEL ILOT jNAME IADDRESS
o� o�
',H, u j' Avpo v T
ABUTTERS , .:.... ,
MAP PARCEL ILOT NAME ADDRESS
d a nvrJ r AT novrf . IV/
.70 A / YN VIII f
a *3 1 A f L 77tdl"'? ru n
Ym-i i (AAd v 1dN1 OJ E)M o vf r
✓r; u/ urn , ( /. I'✓
u fo J �"n C �' ` n n d v✓�Ir
Ll V1 A t!: L r✓� M/�
M , /Vf f0 cvH J •, u/N
a m I,( qt Or
r 1 1
aT. 1N 1
r �. ;h w.
01 V D i n-P t v )(79 Zrl , ✓✓"
r, a r d//i aucK
_ J
!� J , tAKe.—r . IV,?ifI 'r 0 r wa r
v 17 h- ;L q qtr / vo-/ A ✓Jv`
L1A J ;�l r I do.( d✓�
ge r;In N V r1 a-!
I
i
I
i �
i
ni
i e filed • d�.%��R"�•'!ti T
shall. b EXHIR-11
AnYePP�a 6
wit:1in (20) ;;airs after the
AIRILM ;X
6at, c:t ;,g tris . s•; Baas , NSR
';;ice of the Town '��,is....•�, r 'g�
in Lh� v ►. ^cnug
Clerk.
'
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petition No.. . . . .03Q-53 . . . . . . . . . .
Date of Hearing. . September. 1.4.,. .1993
Petition of . . .DaMe, .Realty. Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . 485 .Qudov,er ..Stree.t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . Section.8.1. .(.7.)
and. Tab.le .2. of. .the .Zoning .Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit construction .of .a. fif.teen. (15.). .foot. d.r.iveway. and -to.allow .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 AppbaLs voted to . . .DENS'. ... . . the
variance . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to . . DaMe.Realty .Trust.,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed
A=ST . . . .William .SullivaA,. .Vice-chairman.
A True Copy
Walter. Soule,. Clerk. . ... . . . . . . . . . .
. . .Robert. Ford. . . . . . . . . . . . . . . . . . . . . .
Town Clerk
. . . . .John. Pallone. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
Any appeal shall be filed
after the RFCr.I--`
within (20) c;ays � �
lvotice HORT1y •`„ F
filing of this OFA„fiD ,a9Ho TCS'+ ; ; E
da�� of
in the '`
the Town 3� ° ►:OR`
��„ice of
i✓lerk. SEP Z� �� �g �� '53
SA US 5
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 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 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