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HomeMy WebLinkAboutMiscellaneous - 555 TURNPIKE STREET 4/30/2018 (3)P �_ G CA oq (> North Andover MIMAP January 7, 2016 098:0-0007 098.0-0019 025.0-0049 114 025.0-0035 #538 098.0-0096 #150 1 025.0-0048#151 098.0-0020 098.0-0095 025 0 0067 - -#510 025.0-0064 #510#530 025.0-0047#161 098.0-0021 #510 #162 #530 #544 098.0-0094 #530 025:0-0001#5582 #171 ' 025.0-004b 098.0-0022 11 #550#546 #164 098.0-0025 #81 025.0-0045#179 ( #525 i#1801 098.0-0024 98.0 025:0-0013 #550 098.-- 025.0-0012 025.0-0012 #562 \098.0-0052 #525.. f f / t #84 i` #70 #555 ! 008-C-0048 #555 $ ,\ 025.0-0002#570 098.0-0028 #555 #570 #i9Q . f 12 #555#555 f 098.0-0113#25 #575 098-C-00b0#76 #575 098.0-0061 A, .. 1 025.0-0069. #575 #582 #565 #575 #182 #45 1 ##5G5#85 _ 098.0-0027 025 0-0014 ' .� #85#565 #591 098.0-0053 #565025.0-00080 #74 #59\9 #224 025 -00 #630 25.0=0\7 �, f #b07 #630 125 #234f 098.D-0049 #68 t#335 025 0-0079#8 025.0-0009 025.0-0020 f �SUtr 414 .. #623 \ . - #5 #18025.0-0005 098.D-0033 #7#33 #31#29#100 025.0-0041#9 #22 \#64 #8. 6#5#3#2 . #100 #250 #15 #525 #55 #9#28 25:0-0.115#27 #26025.0-0043 025.0-0016" A 025-0138 (~� 1 #27 +, #51 #045 025.0-0113 #633 #11 #36#35 #34 #26 - #58 #37 #30 025.0-0044 #12 #39 #25 025 0-0143 :- #37#38 /' #264 #5 `� 025.0=0159 #14 1 025 0 0114 .- #643 025.0-0039 025.0-0144#274 #9- #44 #36 #15 025.0-0050 #278 #16 #145#147 � #15 _ 025.0-0163 -: #18 #23#2 #284 917 #10 025.0-0160" �:. #19 025.0-0038 16#6 :_:_: ' #20 #293 f - #19025.0-0151 #2 #4 fir.. 025.0-01.66.:_ #2i #2 altf iJc€ - \\ jjf _ #30 _ a�ltr 025 -0 0053 - 025.0-0017 025.0-0034 #27fj 025.0-0030 y#152 #36 - #303 025.0-0161 #317 u� #35 025.0-0164#160 13 MVPC Bo 13 Municipal Boundary Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, -- Rail Line Intemlates -SR +a+a O 1 O 3 Meters Data Sources: The data for this map was produced by Merrimack Valley Planning Commission (MVPC) using data provided by the Town of North Andover. Additional data provided by the Executive Office of Environmental Affairs/MassGIS. The information depicted on this map is for It be for legal boundary -Roads Easements - __ L 1- - - '- - A A ~IRW planning purposes only. may not adequate definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING • ><- THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY El Parcels - _ OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT - Trails - �o� i •A`` ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF C Hydrographic Features '�l b� „n°' t j SSAL14 THIS INFORMATION - Streams - Wetlands 0 Exempt Lands 1" = 231 ft - - North Andover Public Property Selector Page 1 of 1 House Number 555 Map trot (ex. 029.0-0035- 0000.0 Street ITURNPIKE STREET u Search for Properties owner (ex. Smith) House No Street Owner PropertyFD Show on map 555 TURNPIKE STREET JOHNSON TR, THOMAS F 025.0-0011- 0030.0 Show on map 555 TURNPIKE STREET JOHNSON, THOMAS F, MD 025.0-0011- 0031.0 Show on map 555 TURNPIKE STREET ORTHO REALTY TRUST 025.0-0011- 0032.0 Show on map 555 TURNPIKE STREET CTTJ NOMINEE TRUST 025.0-0011- 0033.0 Show on map 555 TURNPIKE STREET GALIZIO, STEPHEN J. MD 025.0-0011- 0041.0 Show on map 555 TURNPIKE STREET TURNER REALTY TRUST 025.0-0011- 0042.0 Show on map 555 TURNPIKE STREET C A P REALTY TRUST 025.0-0011- 0043.0 ..vi ciicn vii uic uiap ucivw w iaullul ivuivir.r w uic cviicwYvuuiug ivcauvii. _ w -meq .,. North °ter. �/ y•, u� nOOver, , ID tot t ...' oS. Andover CouCluit -�? �-.y i r °-. eck Men" GatkVe Widest 9 } ,- 110-66 �Xtord �y. Mdom 125 i 133 Got�gl " r S� r "Ma 90 ikfai�em i http://mimap.mvpc.org/northandoverpropertyselectorpublic/default.aspx?town=North+And... 1/7/2016 Any appeal shall be filed within (420) days after the date of flan, of tilis Notice in the Office of, the Town Clerk. NORTH OF a�ao "9.yp 3� a. �. a ......� • OL O Ltz '�,9SS�CHUSEt� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ******************************* * * Chestnut Green at N. A. Condiminium Trust 555,565, 575 Turnpike St. * North Andover, MA 01845 Petition: # 43=89 DECISION RECEIVED DANIEL LONG TOWN CLERK NORTH ANDOVER APR 19 1136. AN `89 The Board of Appeals held a public hearing on Tuesday evening, April 11, 1989 upon the application of Chestnut Green at North Andover Condominium Trust requesting a variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaw so as to permit relief of 18' from the 50' setback requirement off Turnpike Street. The following members were present and voting:. Alfred Frizelle, Acting Chairman, Augustine Nickerson, Clerk, William Sullivan, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on February 23 and March 2, 1989 and all abutters were notified by regular mail. The original hearing on March 14, 1989 was continued to the April 11, 1989 meeting. Upon a motion made by Mr. Sullivan and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the variance as requested. The State DPW had no objection to this variance according to Attorney J. Willis, Jr. and the North Andover Building Inspector, Robert Nicetta. ' The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaws and that granting the variance will not adversely affect the neighborhood nor derogate from the intent and purpose of the Zoning Bylaw. Dated this 19th day of April, 1989. BOARD OF APPEALS A—Al/r—ed Frize e Q Acting Chairman /awt a Any appeal shag be filed within (^0! ='s ut''`tr j�0 date of in the Office o.f_ the. Town Clerk. u ;:utrrN�� ► �cnu� , TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION RECEIVED ONCLRTWEK NORTI�I ANDOVER APR 19 11 36 A� t1" Chestnut Green at North Andover Ail 19, 1989 Condominium Trust Date ...... .P.r................... 565 Turnpike St. 43 89 N. Andover, MA 01845 Petition No ...... ..-.............. Date of Hearing. April 11,,. ,1989. Petition of Chestnut.Green at North Andover Condominium. Trust Premises affected ... 555.,.565. An.d .57.5. Tpxmpike. $ txggt................................. Referring to the above petition for a variation from the requirements ofXU .Section .7., .... . Paragraph 7.3 and Table 2 of the Zoning ByLaw .......................................................................................... so as to permit relief. of .18'. from. the. 5.Q'..setback. requi:xements. off .Turnpike .St... After a public hearing given on the above date, the Board of Appeals voted to .. GRANT ...: the variance.as.re,quested.................. SignedA14e-We Alfred Frizel�,Acting Chairman ........................................... .........August. ng. . Ni�*grson,. william .Sullivan ............. ........Anna. 0.'.Connor................ Lout-a..Rissin................. Board of Appeals . I NO^TM Recelve'd by Town Clerk: F+•..` A Date: TOWid OF NORTH ANDOVER, MASS%�. TI$ •• ; .�� -- BOARD OF APPEALS TOW11 CLERK �,s•,:..r�� T me NORTtl 'Ho OVER Notice: This application must be t ped ,. n �0 5 I� ti APPLICATION FOR RELIEF FROM THE REQUIRE)&&SI6 OF THE ZONING ORDINANCE Chestnut Green at North 565 Turnpike Street Applicant Andover Condominium Trust Address North Andover, MA 01845 1. Application is hereby made (a) For a variance from the requirements of Section 7 Paragraph 7.3 and Table 2 of the Zoning by -Laws. (b) For a Special Permit under Section Paragraph of'the Zoning By -Laws. (c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2. (a) Premises affected.are land x and buildings) numbered 555, 565, & 575 Turnpike Street. (b) Premises affected are property with.frontage on the North ( ) Soutn ( ) East ( ) West (x) side of Turnpike Street, and known as Ho. 555, 565, & 575 Turnpike Street. (c) Premises affected are i -n Zoning District 4_, and the premises affected have an area of 100,400 square feet and frontage of 437 square feet. 3. Ownership (a) dame and address of owner (if joint ownership, give all names): Chestnut Green at the AndoverG Condnmininm Trnct _ Date of purchase 1985/1986 Previuus•Owner Newport QXouping__ (b) If applicant is not owner, check his interest in the premises: Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: N A __front; feet deep; Height: stories; feet. (a) Approximate date of erection:_ (b) Occupancy or use of each floor: (c) Type of construction 5. Size of existinLj building; NJA feet front; feet deep; Height: stories; feet. ( a ) (b) Approximate date of erection:_ Occupancy or use of each floor: (c) `(ype of`**con,strucMi h:_ 6. Has there been a previous appeal, under zoning, on these premises? YES If so, when? December 9, 1986 7.- Description of relief sought on this petition Relief of 18' from the The principal points upon which I base.my application are as follows;' (Must be stated in detail) The property, though constructed in accordance with the Zoning Requirements regarding the number•of parking spaces, has proved to be inadequate for the uses as they have developed in the property. There is no available land, other than the portion of land in the front of the property, available for the addition of any other parking spaces. To deny the Variance would cause extreme hardship (Continued on separate I•agree to pay for Qad.vertisin in Chestnut Green ap No Andover Condo- minium Trust Sec. 1 APPLICATION FORM sheet) ne spa and incidental expenses* Petitioner's Signature their att(oney Every application for action Py 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. Allin- formation called for by the form shall be,.f-urnished by the dppli in.the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which list shall include the petitioner, abutters, owners of land directly op.posite on any public or private street or way, and abutters to the abutters within three hundred feet of thproperty line of the petitioner as they appear on the most recent applicable tax list; notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning board of every abutting city or town, * Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be respon- sible for any and all posts involved in bringing the petition before the Board. Such costs shall include mailing apo publication; but are not necessarily limited to these. LIST OF PARTIES IN INTEREST p NameAddress -�------ (See attached sheet) l ie (Principal Points -Continued) to the owners of the buildings and their business invitee's and the relief requested could be granted without substantially derogating from the intent and purposes of the Bylaw and without any substantial detriment to the public good. The property is unique, and due to its shape and location of its structures thereon, there is no other place on the property, where parking could be added. The Merrimack Valley Planning Commission has determined that the expansion of Route 114, would take place on the opposite side of the road from the proposed setback variance, and so the requested variance would not hamper any future expansion of Route 114, which was the purpose for the added setback requirement of 50°. LIST OF PARTIES iN INPERFST NAME ADDRESS 1. KMREC Realty Trust 1001 Turnpike St., No. Andover, MA Louis J. Kmiec Jr., Trustee 2. Fellowship Bible School 525 Turnpike Street No. Andover, MA 3. Edward E.& Jacqueline Hamel 591 Turnpike Street No. Andover, MA 4. Lorraine C. & Virginia Beaudoin 224 Hillside Road No. Andover, MA 5. William P. Jr. & Jeanne G. Callahan 234 Hillside Road No. Andover, MA 6. Lillian B. Serio & Jeanne G. Callahan 250 Hillside Road No. Andover, MA 7. Frank Jr. & Lillian B. Serio 250 Hillside Road No. Andover, MA 8. Charles A. Jr. & Leonard J. Annaloro 15 Holbrook Road No. Andover, MA 9. Lola D. & Malcolm H. Peterson 274 Hillside Road No. Andover, MA 10. Eric R. Hope 293 Hillside Road No. Andover, MA 11. Michael L. & Jeanne E. Coyne 306 Hillside Road No. Andover, MA 12. Naomi Trombly 281 Middlesex St. No. Andover, MA 13. Andover By Pass Realty Trust 83 Pine Street, Peabody, MA Phillip S. Singleton etal, Trustee 14. Augustinian College of the Turnpike Street, No. Andover, MA Merrimack Valley 15. William B. Sr. & Arline M. Kent, 137 Hillside Road, No. Andover, MA Estate c/o Gerald Kent 16. Andrew G. & Maxine vannette 570 Turnpike Street No. Andover, MA PAR -Ki" A � 6H4? )N WrlMI Il L eP"r UAB 6UILDjkj , 1 73 SPACES V ZfZI� �u l l.� UGIF 2 83 17 To'tAt� 217 3 7 11 + 11 = Z54 R6R�i►�d 6Y�e� 3 PF,Z 1, pc"z ruVr 193 srllles T RE ,,. DYE D JAN 1 9 01 J e� 00 A►Ru.7n :� t � s•, Lass .� ' ' ACHU9 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Chestnut Green at the Andover Condo Trust, % McDonald & Lavers 18 Railroad Ave. Andover, MA 01810 'P''rd Ce Town >vc� she Clerk. Date .January, 14.,, ,1987.... . Petition No.... 3 6-: $ 7 ............. Date of Hearing. December. 9., . 1986 Petition of ...Ghestn.ut, Green at the Andover Condo. Trust .g. McDonald & Lavers Premises affected .....555.. &..575.. Tg.rnpike . Sts ..................................... . Referring to the above petition for a variation from the requirements of the .Se otion . 7• .... Paragraph 7..3 an�1 Table 2 of theZoning ByLaws so as to permit : enl::arging..of..e isting- parking area, paving closer to the .Str.eet .by..i.8.'.. t�us.:�ACz.Qa�hin,g,pn the..50,', •lands,caping .buffe.r by: 18' . After_ a public hearing given on the above date, the Board of Appeals voted to ..DENY. ..1 the ...variance................. .................................... ............ Motion made by Mr. Soule and seconded by Ms. O'Connor to grant the petition as request, with the following vote; two in favor, two opposed and one abstained, therefore the petition was DENIED. Signe A�edize114, Vice-chairman ........ Augustin.e . N.ickerson,..Cl.erk. ........Walter . S.oul.e .......... . ........William -Sullivan ............ . • • ...Anna..0' Connor ....:......... . ................................. Board of Appeals Board of Appeals Town Office Building North Andover, Mass. 01845 pETi!l�hF To SENCEA Forwarding Order ixpired Q�- /6 CC_ Legal Notice TOWN OF NORTN ANDOVER - MASSACHUSETTS t, BOARD OF APPEALS <' NOTICENo, 17, 1986 Notice is hereby given that o •'�;• o� the Board of Appeals will give,., a hearing at the Town'' Building;', North Andover On , " +►..M� • Tuesday evening the 91h day , of December 1986, at 7:30 o'clock, to all parties in - forested in the appeal of Chestnut Green at the Andovers Condominium Trust, c/o McDonald & Lavers,: -18 Railroad. !Avenue, Andover, MA requesting a variation of Sec. 7, Para 7.3 & Table 2 (Footnote N0. 1) of the Zoning By Law so'as . ,to permit Enlarging existing parking area, Pavingcloser to the street by 18' thus encroaching on the 50"landscaping 'buffer by 18' on the premises located at 555 & 575 Turn pike St. By Order of the Board of Appeals „Frank Sere, Jr., Chairman, Publish in North' Andover ' Gtaen November 20 and -26, 1986 147 • �i • i • l i Legal Notice TOWN OF NORTN ANDOVER - MASSACHUSETTS t, BOARD OF APPEALS <' NOTICENo, 17, 1986 Notice is hereby given that o •'�;• o� the Board of Appeals will give,., a hearing at the Town'' Building;', North Andover On , " +►..M� • Tuesday evening the 91h day , of December 1986, at 7:30 o'clock, to all parties in - forested in the appeal of Chestnut Green at the Andovers Condominium Trust, c/o McDonald & Lavers,: -18 Railroad. !Avenue, Andover, MA requesting a variation of Sec. 7, Para 7.3 & Table 2 (Footnote N0. 1) of the Zoning By Law so'as . ,to permit Enlarging existing parking area, Pavingcloser to the street by 18' thus encroaching on the 50"landscaping 'buffer by 18' on the premises located at 555 & 575 Turn pike St. By Order of the Board of Appeals „Frank Sere, Jr., Chairman, Publish in North' Andover ' Gtaen November 20 and -26, 1986 147 • Board of Appeals 12, Pm Town Office Building; North Andover, Mass. 01845 o, 24 NOV t., 1 v s Board of Appeals a Town Office Building D North Andover, Mass. 01845Ci� pam�r T wE TLI �"""�.... To Fp SFN�ER O Pm ..^�; 24 NOV cj� Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE November 17, 1986 .v Notice Is hereby given that c , * ;• o� the Board of Appeals will give:.. A a hearing at the Town Building, . North Andover, on 1ti Tuesday evening the 91h day e of December 1986, at 7:30 �= o'clock, to all parties ij- terested in the appeal of Chestnut Gieen at the Andovers Condominium Trust, c/o McDonald & Lavers' -.18 Railroad— Avenue, Andover, MA requesting a variation of Sec. 7, Para 7.3 & Table 2 (Footnote NO. 1) of the Zoning By Law so'as , 'to permit Enlarging existing parking area; paving closer to, the street by 18' thus encroaching on the 50'9ands in buffer by 18' on the premises located at 555 & 575 Turn - Pike St. • By Order of the Board of _Frank Serio. Jr., Chairman. Appeals Publish !n North Andover , Citizen . November 20 and „ 26, 1986 147 -------------------- F;�ccivcd by Town Clcrk: R EC E11 ,n DANU- LONG UI t TOWN OF NORTH ANDOVER, MASSACHUSETTS Nov 17 10Ole, Ig APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Chestnut Green at the Andovers Condominium Trust c/o McDonaldS� Laver Address 18 Railroad Ave, Andover, AA 1. Application.is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7.3 and Table 2 of the Zoning By Laws . Footnote NO. 1 b) For a Special Permit under Section Paragraph of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land x and building(s) numbered 555 ----and- 575 _Turnpike . b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( x) side of Turnpike Street, and known as No. 555 and 57�npi e Street. c) Premises affected are in Zoning District B4, and the premises affected have "an area of 100,400 square feet and frontage of 437 feet . 3. -Ownership a) Name and address of owner (if ,joint ownership, give all.names): Chestnut Green at the Andovers Condominium Trust c/o McDonald & Lavers, 18 Railroad Ave, Andover, MA 01810 Date of Purchase 1981986 —_Previous Owner Newport Group, Inc b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 44 Size of proposed building: n/a _front; n/a feet deep; rl Height stories; a)...Approximate date of erection: n/a b) Occupancy or use of .each floor: _ _n/a c) Type of construction: n/a 5. Size of existing building: n1a feet front; _ n/a feet deep; Height --stories; __—_feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: ----- — — 6. Has there been a previous appeal, under zoning, on these premises? no If so , when?_----_ 1 7.' Description of,relief sought on this petition Petitioners would like to enlarge existing parking area, paving closer tothe street by 18' thus encroading on the 50'_landscaping_buffer b 18' 8. Deed recorded in the Registry of Deeds in Book 1928/2114Page 309 & 287 Land Court Certificate No. ----Book ---Page The principal points upon which I base my application are as follows: (must be stated in detail) The existing parking area and spaces conforms to the ruls and regulations of the zonings ylaw, however there is a shortage of parking spaces for the owners and their clients. The additional 37 spaces Will add I car per i000 SF o con o area and make a better 4 cars per 1000SFofcondo par inq ra io. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Richard_ Ruggiero, Trustee _ _? / Signature of Petitioner 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. 0 Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters withir`'.three hundred feet (300') 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. Conies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST . Name C161/ Dr.Ron Marvin & Dr. Richard Barger Y/ Dr. Ober Robert LIppee/Eagle-Enterprises, Inc. Prestige Placement Dr. Yu and Dr. Prakash Ken and Carol Spracklin R.A. Reichter/Eaton Managmeent Dr. Gogjian Dr. Rudy Lantelme Dr. Msumba New England Life Goldstein Dr. Weisner Dr. Johnson and Or. Birkby Digital Arts Group Inc Dr. Max Perlitsh 575 Turnpike St Address 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St. 575 Turnpike St 575 Turnpike St 575 Turnpike St 555 --Turnpike St 555 Turnpike St 555 Turnpike St 555 Turnpike St 555 Turnpike St (use additional sheets if necessary) LIST OF ABUTTERS (Merrimack College ✓Mary Emma S. Trombly i Naomi E. Trombly Eric P Hope c/ Charles Wasser (-*-li=sbillfj ) v Winifred Gallant ✓ Lola and Malcom Peterson ,-Charles and Lenerd Annaloro v Frank and LIllian Slaro gee1110 f/ Leopold and Blanche Pomerleau v William P. Callahan v Lorraine C. Beauddin X Edward Hamel Andrew and Maxine Vannett William B. Kent Arline M. Kent ARC Realty Corp �. Fellowship Bible Church Mr. & Mrs. Larry Sideri Country Side Real Estate Turnpike Street, North Andover 324 Winter Street, North Andover 281 Middlesex Street, North Andovr 293 Hillside , North Andover '} WJ o Y'O �v,g Yj ve, �i . 2e adt ncJ Andover by pass, North Andover 274 Hillside, North Andover 15 Holbrook Road, North Andover 250 Hillside, North Andover 240 Hillside, North Andover 234 Hillside, North Andover 224 HIllside, North Andover 591 Turnpike Street, North Andover 570 Turnpike Street, North Andover 550 Turnpike Street, North Andover 550 Turnpike Street, North Andover 530 Turnpike Street, North Andover Turnpike Street, North Andover 306 Sillsie Street, North Andover Turnpike Street, North Andover r -X Town of North Andover Office of the Planning Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Heidi Griffin Planning Director MEMORANDUM TO: Mark Rees, Town Manager CC: William Scott, Community Development Director Robert Nicetta, Building Commissioner FROM: Heidi Griffin, Town Planner (,$-- I RE: Chestnut Green Parking DATE: November 21, 2000 pvnrry / O�tt�tu r�g1'O \9_ Telephone (978) 688-9535 Fax (978)688-9542 In response to your request for information at parking on Chestnut Green, the Planning Board has never issued a decision for this property as it pre -dated site plan review. ~Although'I do have a file --iii my office, no decision accompanied the file as the review appeared to be more cursory than regulatory. This issue came up in August of this year when I was contacted by Mr. Peter Shaheen who was asking if there was anything in the Planning Board records that would prevent parking on Hillside Road. I met with him on site and informed him at that time that I have no information in my files which would prevent parking on Hillside Road. If parking were to be permitted on Hillside Road by the Selectmen (as it is a public way) the applicant would not require a permit from my office as the applicant would not be adding impervious area over 2000 square feet. However, if the applicant were adding five or more parking spaces required by zoning (the parking spaces required by zoning should be confirmed by the Building Commissioner, who is the zoning enforcement officer) the applicant would require site plan review, or could apply for a site plan review waiver. If you require any additional information please do not hesitate to contact me. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town ®f North Andover Office of the Building Department Community Development and Services Divisi®n William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner MEMORANDUM To: Mark H Rees,7own Manager From: Robert Nicetta, Building Commissioner Date: November 16, 2000 Re: Parking — Chestnut Green Office Park Telephone (978) 688-9545 Fax (978) 688-9542 The enclosed documentation reveals that the Chestnut Green development met the parking requirements at the time of construction. The Newport Group, Inc. correspondence dated December 15,1986 in paragraph —1 states: "While the project was approved prior to the site plan review process it would exceed its requirements if presented today". In paragraph number — 2 states: "It has been our experience in developing similar projects in Needham, Norwood, Danvers and Peabody that a parking ratio of between 3 and 3.5 parking spaces per 1000 feet of net building area is sufficient to accommodate the requirements of the building even when medical use is prevalent". To the best of my knowledge the North Andover Zoning By-law, in effect during the same period, required three (3) spaces per 1000 square feet of GFA- Relief FA Relief of eighteen (18) feet from the fifty (50) feet setback along Route #114 - Turnpike Street was granted by the Zoning Board of Appeals (ZBA) on Petition Number 43-89, dated April 19, 1989. The variance as granted allowed for the parking of approximately thirty-seven additional vehicles. In addition, please find enclosed for your reference a copy of my memorandum dated October 26, 2000. If you have any questions or require further assistance please call me at 978-688-9545. Cc: William Scott, Director CD&S Enclosures File: Chestnut Green #2 BOARD OF APPEALS 688-9641 BLJILDTNG 688-9646 CONSERVATION 688-9530 HEALT11688-9640 PLANNING 688-9636 .NTNG . Town of North Andover Office of the Building Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner January 16, 2001 Peter G. Shaheen, Esq. 565 Turnpike Street North Andover, Ma 01845 Re: Chestnut green Parking Dear Atty. Shaheen: Telephone (978) 688-9545 Fax (978) 688-9542 As you may recall I was to contact Mr. Rick Trombly of Trombly Brothers, owners of the closed gas station on Route 125 by-pass. I have been successful in my attempt and have briefed him on the possible lease/use of his property for Chestnut Green employee parking. Mr. Trombly advised me that the property is presently under lease agreement He also requested that that you or your representative meet with him in order to relate exactly what you may desire. Mr. Trombly is located at the Trombly Brothers Service Center, 141 Sutton Street, North Andover, Ma, and Telephone 978-683-1031. If you require further assistance please call my office at 978-688-9545. Yours truly, D. Robert Nicetta Building Commissioner Cc: Mark Rees, Town Manager William Scott, Director CD&S Rick Trombly, Trombly Brothers BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ONING TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Mark H. Rees 3? ° Town Manager ~ January 2, 2001 Attorney Peter G. Shaheen Chestnut Green 565 Turnpike Street, Suite 81 North Andover, MA 01845 Dear Atty. Shaheen, Telephone (978) 688-9510 FAX (978) 688-9556 . I am in receipt of your letter of December 21, 2000 regarding parking at Chestnut Green. By copy of this letter to Mr. Robert Nicetta, Building Commissioner, I am asking him to review your comments regarding his determinations and to respond to both of us with his reply. You may have received previously a copy of the Selectmen's minutes where they voted parking on Hillside Road adjacent to Chestnut Green, but in the event you did not I have attached a copy for your review. I misspoke at the December 18, 2000 Selectmen's meeting when I mentioned that you were at the meeting when this matter was voted. Your name was mentioned in the minutes and that was where my confusion arose. Please accept my apologies for my error. S Regarding your request to remove the no parking signs form the7C tnut Green,side of the Hillside Road Cul-de-sac; it would probably be best to hold that decision in abeyance until we can meet with all interestedparties to see if a mutually agreeable resolution is possible. —We will be in touch with you in the near future to arrange that meeting. Thank you for yohr continued willingness to work with the Town on this matter. Sincerely, Cc: Board of Selectmen Robert Nicetta, Building Commissioner. Mark H. Rees Town Manager RZEEIVED JAN 0� 2001 BUILDING DEPT". � F.y Board of Selectmen Minutes August 21, 2000 Page'2 Program, this would be the year to do it, as recommended in the paragraph above, and not add to the debt. William Duffy would like to see William Scott apply to the State for Option 2 and Option 3. William Scott feels it will send the State a message that we are confused and don't really know what we want and also make our application less competitive. The State is going to compare our application against others, if others applications are fixed with a set of plans with one set option, they will clearly be more competitive. Jim Lyons, co-chairman of the North Andover Commission on Disability Issues, came to the meeting along with all the members of his committee, to speak of the need and urged support of the complete renovation of Town Hall. Jim Lyons spoke of the lack of accessibility for years and people cannot access Town Hall and that violates their rights. John Leeman made a MOTION; seconded by Keith Mitchell, that this Board support the complete renovation of Town Hall, Plan C, and ask the Finance Committee how to pay for this, preferably with cash, and bring it back to the Board in a couple of weeks. William Duffy moved to amend that it be a two-tier application; tier one funding simply for handicap access and tier 2 being as stated. The MOTION was not seconded. The original MOTION approved 5 — 0. OLD BUSINESS Update from Traffic Officer Sgt. Soucy. Sgt. Soucy from the North Andover Police Department reported on 5 traffic issues. Additional parking at 575 Turnpike Street. Attorney Peter Shaheen had removed his request for additional parking. Hillside Road is narrow and used as a cut through to the parking lots. Sgt. Soucy recommends "No Parking" signs be posted on both sides of the street to allow for emergency vehicles. Keith Mitchell made a MOTION, seconded by John Leeman, as per Officer Driscoll's memorandum of July 31, 2000, that "No Parking" signs be installed in the cul-de-sac.. "No Parking" signs should be installed on Hillside Road (both sides) from Bucklin Road all the way up to the Route 125 Bypass; vote approved 5 — 0. Farnum Street @ Summer Street. Update. New Yield signs are currently on order and the Department of Public Works will install them as soon as they arrive. Both sides of Johnson Street, starting at Oak Circle up to 890 Johnson Street should be cut back of brush and grass. This will open up the line of sight on Johnson @ Farnum and will also open up the intersection of Johnson Street @ Mill Road. Marbleridge Road. Resident Mary Borzi contacted the Board with traffiic concerns on Marbleridge Road and Abbot Street. These are all used as cut throughs from Salem Street to avoid Old Town Center, to get to Johnson St. to Mill Road out to Route 125. Sgt. Soucy and Officer Driscoll recommend to cut back the brush and make sight lines better for motorist. This should help along with the sidewalks that were already installed. There was a crash with serious injury involved; because of this "dangerous intersection" signs have been posted on Abbott St to make people aware. Sgt. Soucy also recommends "dangerous intersection" signs on Marbleridge Rd approaching Abbott Street. Additionally, install STOP signs on Marbleridge Road at Abbott Street. The crashes are increasing on that road and that is one of the warrants that has to be met for the installation of a Stop sign. This will increase the safety of the public, pedestrians and residents of the area.. Sgt. Soucy asks that the stop signs not be installed until after the sewer construction is complete on Salem Street as Marbleridge is still being used as a detour. Town of North Andover ®Bice of the Building Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner MEMORANDUM To: Mark H Rees, Town Manager From: Robert Nicetta, Building Commissioner Date: November 16, 2000 Re: Parking — Chestnut Green Office Park 2 Telephone (978) 688-9545 Fax (978) 688-9542 The enclosed documentation reveals that the Chestnut Green development met the parking requirements at the time of construction The Newport Group, Inc. correspondence dated December 15,1986 in paragraph —1 states: "While the project was approved prior to the. site plan review process it would exceed its requirements if presented today": In paragraph number — 2 states: 'It has been our experience in developing similar projects in Needham, Norwood, Danvers and Peabody that a parking ratio of between 3 and 3.5 parking spaces per 1000 feet of net building area is sufficient to accommodate the requirements of the building even when medical use is prevalent". To the best of my knowledge the North Andover Zoning By-law, in effect during the same period, required three (3) spaces per 1000 square feet of GFA- Relief FA Relief of eighteen (18) feet from the fifty (50) feet setback along Route #114 - Turnpike Street was granted by the Zoning Board of Appeals (ZBA) on Petition Number 43-89, dated April 19, 1989. The variance as granted allowed for the parking of approximately thirty-seven additional vehicles. In addition, please find enclosed for your reference a copy of my memorandum dated October 26, 2000. If you have any questions or require further assistance please call me at 978-688-9545. Cc: William Scott, Director CD&S Enclosures File: Chestnut Green #2 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING:688-9535 TOWN OF NORTH ANDOVER OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 MEMORANDUM To: Mark H. Rees, Town Manager From: Robert Nicetta, Building Commissioner Date: October 26, 2000 Re: Parking — Chestnut Green Office Park Telephone (978) 688-9545 FAX (978) 688-9542 Investigation of the parking situation at the referred location reveals an inadequate number of available parking spaces for the three buildings that contain approximately seventy eight (78) different type offices. The Trustees of Chestnut Green are in violation pursuant to Section 8 - Off Street Parking - of The North Andover Zoning By - Law by not providing adequate parking for the Office Park In an effort to increase parking Chestnut Green through its Attorney Peter G. Shaheen inquired if they may remove trees lining their boundary with Hillside Road Pursuant to Table 2 and Note 3 on Page FN 1 of the by-law " Adjacent to residential districts, the required side or rear setback shall be 100 feet. The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon ". The centerline of Hillside Road divides the Residence -6 District (R-6) from the Business -4 District (B-4). The removal of trees is not allowed If I maybe of further assistance please call me at 978-688-9545. Cc: William Scott _ ONING BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 TOWN OF NORTH ANDOVER OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 MEMORANDUM To: Mark R Rees, Town Manager From: Robert Nicetta, Building Commissioner (!�) Date: October 26, 2000 Re: Parking — Chestnut Green Office Park Telephone (978) 688-9545 FAX (978) 688-9542 Investigation of the parking situation at the referred location reveals an Pl 8 for the three buildings that contain number of available The Trustees of Chestnat Green are in violction � seventy � (78) different type offices. pursuant to Section 8 - Off Street Parking - of The North Andover Zoning By - Law by not pravidinig adequate parking for the Office Park In an effort to increase paddug Chestnut Green through its Attorey Peter G Shaheen inquired if they may remove trees lining their bamdary with ITillside Rom Pursuant to Table 2 and Note 3 on Page FN 1 of the by-law "Adjacent to residential districts, the required side or rear setback shall be 100 feet.The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and sot parked upon ". The centerline of Hillside Road divides the Residence.6 District (R-6) from the Business -4 District (B-4). The removal of ftm is not allowed. If I may be of hirther assistance please call me at 978-688-9545. Cc: William Scott BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 , �% i q�� q�� meron J. Miuml a, P .2. CARDIOLOGY / INTERNAL MEDICINE CHESTNUT GREEN, SUITE 824 575 TURNPIKE ROAD NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE 683-0043 aanuaV 20, 1987 A1212A.ea.e Boa/cd No. Anil ov m Town 1iae.e 120 /lain n Si-�,et No2th Andove2; 114 01845 I am a un, t. owner. a.t Ch".tnut 9Aeen, 575 7uznpike SLw-et NoAth. Andover. I hol2e you w- -U al2p zove .the varzi ante /o2 the exi/w 12aak.iny which we need to Ewe t t eA 6e�cvi .out pa t -i ent z . Thank you /o2 you2 coni ide at i.on. sinceA41 Came<con A. &um9a 0. D. ck�:vnm L2� �/ JOAN I. GITLIN, M.D. Chestnut Green, Suite 25 575 Turnpike Street, Route 114 North Andover. MA 01845 617-683-7770 Jan. 19, 1987 Appeal Board No. Andover Town Hall 120 Main St. No. Andover, Ma 01845 To Whom It May Concern: During the past year, my pediatric practice has increased. The parents of my patients have found parking to be difficult because of an inadequate number of spaces available. I forsee further growth in my practice and concominant worsening of the parking situation. Please consider the parking variance proposed by The Newport Group and my fellow condo unit owners. Sincerely, ()M, �)" 1 -Meo, Joan I. Gitlin, M.D. One City Hall Mall Medford, Massachusetts 02155 (617) 395-8998 Appeal Board North Andover Town 120 Main Street North Andover, MA Dear Sirs: Max J. Perlitsh, D.M.D., M.S. Practice Limited to Periodontics Hall 01845 I would like to strongly urge you that would allow Chestnut Green at essential extra parking along the 555 Turnpike Street No. Andover, Massachusetts 01845 (617) 975-1233 January 15, 1987 to grant the required variance the Andovers to develop front fence areas. I am located on the second level of the second building at 555 Turnpike Street. Every day I look out from my office and see cars parked along the front fence areas in a manner that obstructs legally parked cars. It is a wonder to me that there are not more dented fenders caused by the parking problem. I am certain that the needed added parking can be developed in a way that will still maintain very adequate landscaping. Sincerely, ,12 / ^ Max Perlitsh, D.M.D. MJP:gp Fellow American College of Dentists Professional Corporation 40RT,; :IYER ,SAN L ( 9 01 AM17 �•�`g1tI0R,�� A►IIILT" �•, tass : TOWN OF NORTH ANDOVER MASSACHUSETTS $OARD Of APPEALS NOTICE OF DECISION r tic (, cI WAC - Clerk. 1''C�le Town Clerk. Chestnut Green at the Andover Date ,Ja4uary..!4.,. ,1987 Condo Trust, % McDonald & Lavers 18 Railroad Ave. Petition. No... 3k-:$7 ......... . Andover, MA 01810 Date of Hearing. December, 9.,.. 1.9 8 6 Petition of ...Ghestqut Green at, ,the ,Andover Condo Trust � McDonald & Lavers .. .... ........... .. Premises affected .....555.. k.5 75.. T.xjrppik.e. St ..................... ................. Referring to the above petition for a variation from the requirements of the .s e of i on • 7• .... Paragraph , 7.-.3. And..Table..2 of the Zoning ByLaws so as to permit . e,nl:,argi.ng, .of..existing..parking area, paving closer to the street. by..I.M....thus ,encroac_hin.g . on. the, .50,', .lands.caping .buffer by, 18' . After a public hearing given on the above date, the Board of Appeals voted to DENY.... ; the variance ..... XXIIX�X$4��4847CiC�A .................... ....................................................... Motion made by Mr. Soule and seconded by.Ms. O'Connor to grant the petition.,as request, with the following vote; two in favor, two opposed and one abstained,°therefore the petition was DENIED. Signe Alfed iel�ce-chairman ...... Augustino . N.ickers,o.n,..Clerk. ' .Walter . Soule ..................... Ahn a' -O' CQonnor: Board. of Appeals ' NORTN 10-�A It • ;,SSACNUStt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 14, 1987 Petition #36-87 Chestnut Green at the Andover Condo Trust, % r¢cDonald & Lavei 555 & 575 Turnpike St. Mr. Daniel Long, Town Clerk 120 Main Street Town Office Building North Andover, MA 01845 Dear Mr. Long: The Board of Appeals held a public hearing on December, 9, 1986 upon the application of Chestnut Green at the Andover Condo Trust, % McDonald and.Lavers requesting a variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaws so as to permit enlarging of existing parking area, paving closer to the street by 18' thus encroaching on the 50' landscaping buffer by 18'. The following members were present and voting: Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule, William Sullivan and Anna O'Connor. The hearing was advertised in the North Andover Citizen on November 20 and 26, 1986 and all abutters were notified by regular mail., Upon a motion made by Mr. Soule and seconded.by Ms. O'Connor the Board voted to.grant the petition. -,.as requested, however the following vote was received, two in favor, two opposed and one abstained, therefore the petition was DENIED. Sincerely, Alfred Frizell.e, Vice®chai man - BOARD OF APPEALS /awt .. A►Rnm 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION r Chestnut Green at the Andover Date ,January, .14.,. ,19.87 .......... Condo Trust, % McDonald & Lavers 18 Railroad Ave. Petition No.... 3 k- $ 7.. ........ . Andover,.MA 01810 Date of Hearing. December, 9,, . 1.986 Petition of ... Che,stn,ut Gre.en..at..the .Andover, .Condo..Trust.. . McDonald. `& Lavers Premises affected .....55.5.. &..575. Turnpike . Sts .................................. . Referring to the above petition for a variation from the requirements of the .S e of i an . 7.... . Paragraph 7.._3 an�1 Table 2 of the Zoning ByLaws so as to permit . enj:.arging..of..px.isting parking area, paving closer to the .str.eet by..us . encr.4a hin.g . on the, ,50,'..landscaping .buffe.r by 18' . After a public hearing given on the above date, the Board of Appeals voted to ..DENY. .. ; the variance . .......................................................................... Motion made by Mr. Soule and seconded by Ms. O'Connor to grant the petition as request, with the following vote; two in favor, two opposed and one abstained, therefore the petition was DENIED. Signed Alfred Frizelle, Vice-chairman .... Augustin.e . NicC ,erson,..CJ erk. .....Walte:r .,S.oul.e ................. . ........William. Sullivan........... . t. ......Anna .0' Conn:or................ .. .................... Board of Appeals P RZEr] 1; 1 � � ,_�•` T 140,8 f i ER Data l 9 a AM `ST '.: 0 4 A.�an i s'• \90•....4_ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION TONC1 irl .��'1"1:3 G►i't�„3 Cf. 'ihe Clerk. Chestnut Green at the Andover Date ,January. 14.,. ,19,87. • ... . Condo Trust, % McDonald & Lavers 18 Railroad Ave. Petition No.... 3 6.-7 $ 7 ............. Andover, MA 01810 Date of Hearing. Deoeber 9 , 1986 Petition of ... GhestAut, Green .at..the Andover Condo Trust s McDonald & Lavers Premises affected .....555.. &.575..']'urnpike . St: ..................................... . Referring to the above petition for a variation from the requirements of the .s e rt i an . 7• • .. . Paragraph 7...3, anal Table 2 of the Zoning Bylaws . so as to permit . e.nzgi.ng, .o..eisting parking area, paving .closer, to, the .Stz.eet .b.y..J-.8.'...tlius :enczoa�l�in.g.on. the. ,50.'..lands•caping .buffe•r. by. 18' . After a public hearing given on the above date, the Board of Appeals voted to ..DENY. _ .. the ..... var..an.e ....c........... A)A;ik.............................................................................. Motion made by Mr. Soule and seconded by Ms. O'Connor to grant the petition as.request, with the following vote; two in favor, two opposed and one abstained, therefore the petition was DENIED. �'�-�, Signed �edizelhe, Vicechairman ........ Augusti.n.e . N.i.ckerson,..CLerk. .....wa.l.t:e.r . S.oul.e .................. . ........William. Sullivan........... . .Anna..0' Connor ............... ....................... Board. of Appeals NORTH 3r � n•� OL R ►0. 9 ;, sACNUbbt� TOWN OF NORTH ANDOVER MASSACHUSETTS BOAR© OF APPEALS Mr. Daniel Long, Town Clerk 120 Main Street Town Office Building North Andover, MA 01845 Dear Mr. Long: � to NORTH 3r � n•� OL R ►0. 9 ;, sACNUbbt� TOWN OF NORTH ANDOVER MASSACHUSETTS BOAR© OF APPEALS Mr. Daniel Long, Town Clerk 120 Main Street Town Office Building North Andover, MA 01845 Dear Mr. Long: January 14, 1987 Petition #36-87 Chestnut Green at the Andover Condo Trust, % 4cDonald & Lavex 555 & 575 Turnpike St. The Board of Appeals held a public -hearing on December 9, 1986 upon the application of•Chestnut Green at the Andover Condo Trust, % McDonald and Lavers requesting.a variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaws so as to permit enlarging of existing parking area, paving closer to the street by 18' thus encroaching on the 50' landscaping buffer by 18'. The following members were present and voting: Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule, William Sullivan and Anna O'Connor. The hearing was advertised in the North.Andover Citizen on November 20 and 26, 1986 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Ms. O'Connor the Board voted to grant the petition -..as requested, however the following vote was received, two in favor, two opposed and one abstained, therefore the petition was DENIED. I /awt Sincerely, Al ed FrizeA le , Vicom -chat. man BOARD OF APPEALS :Ji Ccs Clerk. January 14, 1987 Petition #36-87 Chestnut Green at the Andover Condo Trust, % 4cDonald & Lavex 555 & 575 Turnpike St. The Board of Appeals held a public -hearing on December 9, 1986 upon the application of•Chestnut Green at the Andover Condo Trust, % McDonald and Lavers requesting.a variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaws so as to permit enlarging of existing parking area, paving closer to the street by 18' thus encroaching on the 50' landscaping buffer by 18'. The following members were present and voting: Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule, William Sullivan and Anna O'Connor. The hearing was advertised in the North.Andover Citizen on November 20 and 26, 1986 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Ms. O'Connor the Board voted to grant the petition -..as requested, however the following vote was received, two in favor, two opposed and one abstained, therefore the petition was DENIED. I /awt Sincerely, Al ed FrizeA le , Vicom -chat. man BOARD OF APPEALS NORTH ANDOVER PHYSICAL THERAPY ASSOCIATES 9? 7 7-6 ed pa %v NIX Chestnut Green • 575 Turnpike Street • Suite #16 • North Andover, MA 01845 • (617) 686-9688 Mass. Avenue Professional Center 0 198 Mass. Avenue 0 North Andover, MA 01845 • (617) 686-4862 J° � �� ��� d � � ,� � � �� ������ J Appeal Board No. Andover Town Fall 120 Main Street North Andover, Ma. 01845 Eagle Enterprises, nc. 575 TURNPIKE STREET NORTH ANDOVER, MA 01845 617-689-4432 January 8th, 1987 Re: Variance for Extra Parking - Chestnut Green at the Andovers Dear Board Members, Please record me as being in favor of the above variance. We have a serious parking problem at the present time, and this variance will help to alleviate this condition. Sincerely, Robert f. 4iO BUSINESS OFFICE 575 TURNPIKE STREET SUITE 11 NO. ANDOVER, MA 01645 (617) 794-1946 Chairman Town of North Andover Board of Appeals Andover, Massachusetts Dear Sir: MARVIN & BARGAR, M.D., P.C. RONALD A. MARVIN, M.D. RICHARD M. BARGAR, M.D. ORTHOPEDIC SURGERY HAND SURGERY SPORTS MEDICINE December 31, 1986 23 STILES ROAD SUITE 103 SALEM, N.H. 03079 (603) 896-2220 My name is Ronald Marvin and I am an orthopedic physician at Chestnut Green at the Andovers at 575 Turnpike Street North Andover. As you know, there are three commercial buildings here and a recent application on December 9, 1986 was presented to the Board of Appeals in connection with a proposed parking variance for additional parking. I am writing to you to consider giving serious consideration to granting this request. As an orthopedic doctor along with my partner, Dr. Bargar, we care for many patients on a daily basis who have problems with the upper and lower extremities and their backs, sometimes requiring the use of chair vans, wheelchairs, crutches and canes and it would be extremely difficult for them to continue to see us on a reasonably safe basis if there is not insurance for adequate parking. In addi- tion to this, there are also physical therapist and other physicians in the build- ing who would probably incur the same hardship for their patients if adequate parking is not ensured. For these reasons, I hope that you can give this serious consideration. Very truly yours, Ronald A. Marvin, M.D. RAM: sjp cc: Richard R. Ruggiero SUNANTA L OBER, M:O. 4� 575 TURNPIKE STREET ry` NORTH ANDOVER, MA 01845 'ry (617) 686-6957 rr Chairman Town of North Andover Board of Appeals At, Andover, MA Dear Sir: As an owner of property at Chestnut Green at the Andovers, I urge that you approve the proposed variance for additional parking within the 50' buffer zone on Route 114. This would alleviate the parking congestion which currently exists and remove the hardship I am incurring. I am writing to you with great concern to this situation in hopes it will be taken into further consideration. t1 "� rudolph 1. lantolme, d.d.s. practice limited to endodontics steden d. Kaminsky, d.m.d. chestnut green at the andovers 575 turnpike street / north andover, ma. 01845 / (6171 687-3131 23 stiles road / salem, new hampshire 03079 / (603) 893-3522 December 22, 1986 Chairman Town of North Andover Board of Appeals Andover, Ma. Dear Sir: As an owner of property at Chestnut Green at the Andovers, I urge that you approve the proposed variance for additional parking within the 50' buffer zone on Route 114. This would alleviate the parking congestion which currently exists and remove the hard- ship I am incurring. I am writing to you with great concern to this situation in hopes it will be taken into further consideration. i�Sncerely, Steven D. Kaminsky,DM SDK/lm BUSINESS OFFICE 575 TURNPIKE STREET SUITE 11 NO. ANDOVER, MA 01845 (617) 794-1946 MARVIN & BARGAR, M.D., P.C. RONALD A. MARVIN, M.D. RICHARD M. BARGAR, M.D. ORTHOPEDIC SURGERY HAND SURGERY SPORTS MEDICINE December 19, 1986 Chairman Board .of Appeals Town of North Andover North Andover, Massachusetts 01845 Dear Sir: 23 STILES ROAD SUITE 103 SALEM. N.H. 03079 (603) 898-2220 I am sorry that I was unable to be present at the meeting on December 9. My partner, Dr. Marvin, and I were delayed in surgery until after 9p.m. However, I do want to express our concern at the need for additional parking at Chestnut Green. As orthopedic surgeons, we have many patients on crutches and in wheel- chairs and the difficult parking situation is a hardship for these people. I do hope you will be able to approve the proposed variance for additional parking within the 50' buffer zone on Route 114, as this would alleviate the parking con- gestion and remove the hardship for our patients and the patients of the other doctors and the physical therapists in the building. Thank you very much for your consideration to this matter. Sincerely, f' Richard M. Bargar, M.D. RMB: sJp STEPHEN M. WEISNER, D.M.D. Practice Limited To Orthodontics 126 A Pleasant Valley Street (near Methuen Mall) Methuen, Mass. 01844 617/683-3433 Chairman Town of North Andover Board of Arpeals Andover, Ma Dear Sir: 555 Turnpike Street Chestnut Green at the Andovers North Andover, Mass. 01845 617/686-8007 December 18, 1986 I am the owner of a Condominium at Chestnut Green of the Andovers. I feel it is in the.best interest of our patients that you alaprove the nronosed variance for additional parking within the 501 buffer.zone on Route 114. This would alleviate the par_king.con- gestion which my patients and staff are experiencing. I am writing to you, so you can appreciate my concern regarding the approval of this variance. T kyou,, Stephen M. Weisner, D.M.D. Chts Association of a_ .M The Newport Group, Inc. Real Estate Development December 15, 1986 Chairman Board of Appeals Town Hall North Andover, MA 01845 Re: Parking Variance Chestnut Green Dear Sir: As a follow-up to the petition made on Tuesday, December 9, 1986, I would like to restate the following: 1. The present development of Chestnut Green at the Andovers meets all the requirements of the Town of North Andover in regards to green space, parking, building set -back and all other zoning requirements. While the project was approved prior to the planning boards site plan review process it would exceed its requirements if presented today. The project has in fact received awards for its landscape and architecture. 2. It has been our experience in developing similar projects in Needham, Norwood, Danvers and Peabody that a parking ratio of between 3 and 3.5 parking spaces per 1000 feet of net building area is sufficient to accommodate the requirements of the building even when medical use is prevalent. 3. Attempts at securing additional parking has been made and will continue, however, the request for the variance provides the most immediate and certain guarantee for a long term solution to the shortage. 4. The buffer that will exist if the variance is granted will not affect the set -back of the building from the present Route 114. It will remain at 100 feet. The fifty foot buffer will be reduced to thirty-two feet. Even if Route 114 is widened at some point in the future, the 32 foot buffer would be reduced by no more than 10-12 feet still leaving a buffer of 30-32 feet and a building set back of 88 to 90 feet. Two Faneuil Hall Marketplace Boston, Massachusetts 02109 (617)723-9444 The Newport Group, Inc. a Chairman, Board of Appeals Page Two December 15, 1986 5. We can see no adverse affect on any abutters to the general public or to the general appearance of the project by the granting of this variance. Please take the above items into consideration and call me if you have any questions or comments. Sincerely, iard R. Ruggie Trustee RRR:KAT TOWN OF NORTH ANDOVER 120 Main Street North Andover, MA. 01845 685-4775 December 9, 1986 Board of Appeals Chairman Frank Serio, Jr. 120 Main St. North Andover, MA 01845 Re: Chestnut Green Office Condominium Project Dear Mr. Serio: It has come to my attention at this late date that the Chestnut Green Condominium Association is requesting a setback variance to provide additional parking. I would like to bring to your attention that any additional parking or changes to the original plan submitted under Site Plan Review must come through the Planning Board office for approval. In addition, this section of Turnpike Street is extremely narrow, thus causing excessive traffic congestion. I would not recommend a reduction in the existing setback requirement for this very reason. The State Department of Public Works is aware of this problem area and knowledgeable of the need to improve this section of the highway through future road widening. I strongly encourage the engineer to contact the Planning Staff to review their clients parking problems and determine if any alternatives exist. Sincerely, zkkt-u- 0 �-- Karen H.P. Nelson Town Planner MEMORANDUM To: North Andover Zoning Board of Appeals Re: Application by Chestnut Green at the Andovers Condominium Trust for Variance pursuant to Section 10.4 of The Zoning By -Law of the Town of North Andover, Massachusetts (the "By -Law") Date: December 9, 1986 The subject application was filed with the North Andover Town Clerk by Richard R. Ruggiero as a Trustee of Chestnut Green at the Andovers Condominium Trust (the "Trust") on behalf of the unit owners of the Chestnut Green at the Andovers Condominium (the "Condominium") to seek a variance from the requirement contained in Section 7, Table 2, Footnote No. 1 of the By -Law that the first 50' of the 100' front setback required from Route 114 be planted and landscaped and contain no parking. As shown on the plan submitted herewith entitled Parking Plan Sheet N0. P-1, the Condominium presently consists of approximately 3.7 acres of land on which are located two (2) buildings. This land is owned by the unit owners of the Condominium in accordance with their percentage beneficial interest as established in the Condominium Documents. As further shown on the plan, it is contemplated that two (2) additional parcels will be added to the Condominium, on which parcels one (1) building is located. The completed Condominium project will contain approximately 3.5 parking spaces per 1000 square feet of net floor area (zoning requirement is 3 spaces per 1000 square feet). However, based upon the actual use and parking requirements of the present unit owners, and reasonable projections based upon full occupancy, a serious parking shortage will exist on the site. The site has been analyzed for the potential of adding the - necessary parking spaces, however, there is no viable location except within the 50' buffer zone because of the large wetland area on the site (as shown on the plan). Due to this on site wetland soil condition, which of course affects this site but not the zoning district generally, strict enforcement of the By -Law would render a substantial hardship on the petitioner. As is evident, there is no street parking in this area. The physical limitation on the number of on site parking creates a potential for a dangerously congested parking lot and adversely W affects the ability of the unit owners' clients and employees work at or visit the site. The granting of this variance would alleviate this situation. This requested relief would have no detrimental effect on public good, as the additional spaces would not interfere with the line of site for vehicles entering or leaving the site, or travelling on Route 114. Further, the variance would not nullify or substantially derogate the intent or purpose of the By -Law, as the 100' frontage on Route 114 would be preserved and the landscaped buffer would be reduced only by 181. 01 "A- The Eaton Management Company December 18, 1986 Mr. Frank Serio, Jr. Chairman Town of North Andover Board of Appeals North Andover, MA 01845 Re: Variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw. Dear Mr. Serio: I represent the owner of Suite 28A, 575 Turnpike Street (Building I), Chestnut Green at the Andovers. We have resided at this location since the creation of the complex. It is my opinion that the existing hardships created by the current parking problem could not have been anticipated, by the developer, at an earlier stage, even though the developer is experienced in the development of similar types of complexes. As Building I was completed and occupied, a parking problem did not, at that time, exist even though the building was predominantly occupied by the medical profession. It is my opinion that the tenantsof Building II are of a similar profile to those of Building I. I believe that the excessive parking requirements of a select few Building II tenants were known by the Real Estate Brokerage firm. It is my understanding that the Brokerage firm in question, is no longer employed by the developer for reasons unknown to myself. As special care is and has been undertaken to occupy the thir'.d building with tenants who do not require excessive parking beyond that required by the zoning laws, it ,is believed that the third building will not have any effect on the.existing parking problem. The additional parking space provided by the variance will alleviate a.significant portion of the parking problem, thus reducing the current business-related hardship to the owners. P. O. Box 566 • Andover, Massachusetts 01810 USA (617) 688-5116 Mr. Frank Serio, Jr. December 18, 1986 Page Two I urge that you approve the proposed variance for additional parking or provide the other owners and me with any guidance or assistance possible to relieve our situation. Yours sincerely, THE EATON MANAGEMENT COMPANY Bradleyfident ichter Vice Pr BAR/da . - ,OPT" 3j • o� r IQ ,SSACMUs#� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Chestnut Green at the Andovers Condo Trust McDonald & Lavers 18 Railroad Ave.' Date:_11=24-8_�_____ Andover, MA 01810 Dear Applicant: Enclosed is a copy of the legal notice for your application before the.Board of Appeals. Kindly submit $ 8.80 for the following: Filing Fee $ Paid Postage $ 8.80 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 Audreli W. Taylor, Clerk LO 0 v v • na � o as vis o ° Offices, research facilities Warehousing, wholesaling, distributing Manufacturing, assembly, fabricating, etc. area) in Business 1 and 2 and General Business. Establish- ments located within" -350 feet of a municipal parking lot, shall have 50 percent of`'the` required number of parking spaces. In addition, one-half, the re- quirements for -uses on the first story shall be".`required for each additional.story. ;. Three spaces -per 1,000 square feet of net floor area (ex- cluding storage area-) One space p per 1,000 square, l.eet of gross floor area. One space for each two employ- ees in the maximum working shift or one space for each 1,000 square feete of gross floor area, whichever -is greater. 2. The required parking for any two (2) or more uses or structures may provided by the allocation of the total of the various spaces required for each use or structure in a common parking facilitY, cooperativel `' established and operated. y 3. 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. 4. 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 accomodate the' automobiles of all customers, employees, visitors,' occupants, members or clients consistent with the provisions contained in the above schedule. a�� 5. The Board of Appeals may by variance make exceptions Any appeal shall be filed within (20) drays c:fter the date of firing of this Notice in the Office of. the Town Clerk. NORTH Of a�ao 0 3� e a r , .. •..' a OL O r �9SSACHUSEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * * Chestnut Green at N. A. Condiminium Trust 555,565, 575 Turnpike St. * North Andover, MA 01845 ******************************* Petition: # 43=89 DECISION RECEIVED DANIEL LONG TOWN CLERK NORTH ANDOVER APR. 19 1136- AN 1A The Board of Appeals held a public hearing on Tuesday evening, April 11, 1989 upon the application of Chestnut Green at North Andover Condominium Trust requesting a variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaw so as to permit relief of 18' from the 50' setback requirement off Turnpike Street. The following members were present and voting:. Alfred Frizelle, Acting Chairman, Augustine Nickerson, Clerk, William Sullivan, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen' 'on February'23 and March 2, 1989 and all abutters were notified by regular mail. The original hearing on March 14, 1989 was continued to the April 11, 1989 meeting. Upon a motion made by Mr. Sullivan and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the variance as requested. The State DPW had no objection to this variance according to Attorney J. Willis, Jr. and the North Andover Building Inspector, Robert Nicetta. ' The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaws and that granting the variance will not adversely affect the neighborhood nor derogate from the intent and purpose of the Zoning Bylaw. Dated this 19th day of April, 1989. BOARD OF APPEALS *Alred:LFrize e Acting Chairman /awt Offices, research facilities area) in Business 1 and 2 and General Business. Establish- ments located within 350 feet... of a municipal parking lot shall have 50 percent of'the required number of parking spaces. In addition, one-half, the re- quirements for uses on the first story shall be.required for each additional story. Three spaces per 1,000 square feet of net floor area (ex- cluding storage area): Warehousing, wholesaling, One space per 1,000 square feet distributing of gross floor area. ' Manufacturing, assembly, One space for each two employ - fabricating, ' etc. ees in the maximum working shi f t or one space for each 1,000 square feete of. gross floor area, whichever.is greater. ' 2. 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. 3. The regulations of this section shall not apply to non-residential uses or structures whose minimum 7 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. 4. 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 accomodate the automobiles of all customers, employees, visitors,' occupants, members or clients consistent with the provisions contained.in the above schedule. 5. The Board of Appeals may by variance make exceptions i ACNINP n r}r North Andoven Zoning Bylaw Amended May 1999 Medical Offices and 3 Spaces per 1000 square feet. GFA Research facilities plus one space per; employee...:, ; Warehousing, Wholesaling, Distributing 1 space per 500 square feet GFA - Manufacturing, assembly, 1 space per 2 employees in the mnimn> fabrication, etc. 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 (1997/30). 4. The regulations of this section shall not apply to non-residential uses or strictures 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. C5. 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 maybe limited s. as to time, use or intensity of use. 7 A parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25' wide. 8. For multi -family dwellings the front yard shall not be used for parking for accessory uses. IIQDIn all residential districts the front yard shall not be used for parking for accessory uses. �l 95 P" Lte%4- lb 1: 0 W /I �5 Cs15 �bCb 5 NORTH of f 7! t � • i • • o _'gra sAcHus�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk 120 Main Street Town Office Building North Andover, MA 01845 Dear Mr. Long: 1 Tovin Clerk. January 14, 1987 Petition #36-87 Chestnut Green at the Andover Condo Trust, % P¢cDonald & Laver 555 & 575 Turnpike St. The Board of Appeals held a public hearing on December 9, 1986 upon the application of Chestnut Green at the Andover Condo Trust, % McDonald and Lavers requesting a variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaws so as to permit enlarging of existing parking area, paving closer to the street by 18' thus encroaching on the'50' landscaping buffer by 18'. The following members were present and voting: Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walt --r Soule, William Sullivan and Anna O'Connor. The hearing was adver and 26, 1986 and all Upon a motion made b, voted to grant the p; was received, two in the petition was DEN /awt ----I j ( " 01 3 L -� 0itizen on November 20 lar mail. S O'Connor the Board :he following vote Stained, therefore le, Vid-el--chairman :ALS TOWN OF NORTH ANDOVER MASSACHUSETTS Mr. Daniel Long, Town Clerk 120 Main Street Town Office Building North Andover, MA 01845 Dear Mr. Long: To,�in CI,rk. January 14, 1987 Petition #36-87 Chestnut Green at the Andover Condo Trust, % P¢cDonald & Laver 555 & 575 Turnpike St. The Board of Appeals held a public hearing on December 9, 1986 upon the application of Chestnut Green at the Andover Condo Trust, % McDonald and Lavers requesting a variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaws so as to permit enlarging of existing parking area, paving closer to the street by 18' thus encroaching on the'50' landscaping buffer by 18'. The following members were present and voting: Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule, William Sullivan and Anna O'Connor. The hearing was advertised in the North Andover Citizen on November 20 and 26, 1986 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Ms. O'Connor the Board voted to grant the petition. -.as requested, however the following vote was received, two in favor, two opposed and one abstained, therefore the petition was DENIED. Sincerely, 'e,4z:;4" 4�E)l Al ed Fri.z le, Vi -chairman BOARD OF APPEALS /awt RE Op � O �°�� 1� � �.. � : 3•. . o. f ; , E8 L I 5 G i Mel 37 ••..�1 TOWN OF NORTH ANDOVER } MASSACHUSETTS Us Ui— BOARD OF APPEALS Clerk. NOTICE OF DECISION Chestnut Green at the Andover Date January..14.,, .19.87 Condo Trust, % McDonald & Lavers 18 Railroad Ave. Petition No....36,-$7............. Andover, MA 01810 Date of Hearing. De Gembe.r. . 9. , . 1.9 8 6 Petition of ...Ghe.stn.ut. Green at the Andover Condo Trust � McDonald & Lavers Premises affected .....5 55.. &.5 75.. Turnpike. St , ...................... . ............... Referring to the above petition for a variation from the requirements of the .S e c•t i on • 7• • . • . Paragraph 7..,3 and Table 2 of the Zoning ByLaws so as to permit . e.nlargi.ng, .o ..existing parking area, paving closer. . to . the .street .by.. J 8,'...thus . eRcx.Qachin.g , on .the. 50.', ,landscaping buffer by 18' . After a public hearing given on the above date, the Board of Appeals voted to ..DENY..... the variance xx�x�cig�l�x��a ........................... ,"10�klkx ............................................................................. Motion made by Mr. Soule and seconded by Ms. O'Connor to grant the petition as request, with the following vote; two in favor, two opposed and one abstained, therefore the petition was DENIED. Signe �edizel�ce-chairman ..... Augustin.e . Rickorso..Cierk. ........Walter . S.oule ...........•...... . ........William. Sul.livan............ ...... Anna..O' Conn.or................ ........................... Board of Appeals Receiver.; by Town Clerk: TOWN 0$0VTDTHIA OARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Chestnut Green at the Andovers Condominium Trust c/o McDonald s� Laver Applicant_– ---___--_–_---- -----Address 18 Railroad Ave, Andover, AA 1. Application is hereby 'made: a) For a variance from the requirements of Section 7 Paragraph 7.3 and Tabl c 2 of the Zoning By Laws. Footnote NO. 1 b) For a Special Permit under Section Paragraph of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land x`and building(s) numbered 555 ancL579TurnP - ----------Street. b) Premises affected are property with fr,o•ntage on the North ( ) South ( ) East ( ) West ( x) side of Turnpike Street, and known as No. 555 and 575`'rii�'n�iM Street. c) Premises affected are in Zoning District B4, and the premises affected have `an area of 100,400 square feet and frontage of 437 feet . 3. -Ownership a) Name and address of owner (if ,joint ownership, give all names): Chestnut Green at the Andovers Condominium Trust c/o McDonald & Lavers, 18 Railroad Ave, Andover, MA 01810 Date of Purchase 1981986 --Previous Owner Newport Group, Inc. b) If applicant isnot owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4.r Size of proposed building: _n_/a _front; n/a feet deep; " Height stories; feet. a) Approximate date of erection: n/a b) Occupancy or use of each floor: n/a c) Type of construction: ---- _— n/a 5. Size of existing building: p/g feet front; n/a feet deep; Height stories; feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? no If so, when? F., �. Description of relief sought on this petition Petitioners would like to enlarge existing parking area, paving closer tothe street by 18' thus encroading on the 50'_landsca in _buffer by 18' 8. Deed recorded in the Registry of Deeds in Book 1928/2114Page 309 & 287 Land Court Certificate No. Book _Page --- The principal points upon which I base my application are as follows: (must be stated in detail) The existinq parking area and spaces conforms to the ruls and regulations of the zoning bylaw, however there is a shortage of parking spaces r tFie owner—�s and their clients. The additional 37 spaces w __ 1U a car per 1000 sF o con o area and make a better 4 cars per�SFo conn o paring ra io. I ee a9 tto * pay the filing fee, advertising in newspaper, and incidental expenses Richard -Ruggiero, Trustee Sigi Every application for action by the Board shall be made on a form a by the Board. These forms shall be furnished by the Clerk upon requested 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 beofurnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (300') 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 aPp?:ication charge cost in the amount of $25.Ob' 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. Eve-ry 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. Conies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST Name Dr. Ron Marvin & Dr. Richard Barger Dr. Ober Robert LIppee/Eagle Enterprises, Inc. Prestige Placement Dr. Yu and Dr. Prakash Ken and Carol Spracklin R.A. Reichter/Eaton Managmeent Dr. Gogjian Dr. Rudy Lantelme Dr. Msumba New England. Life Goldstein Dr. Weisner Dr. Johnson and Or. Birkby Digital Arts Group Inc Dr. Max Perlitsh 575 Turnpike St Address 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 555 Turnpike St 555 Turnpike St 555 Turnpike St 555 Turnpike St 555 Turnpike St M J LIST OF ABUTTERS Merrimack College Mary Emma S. Trombly Naomi E. Trombly Eric P Hope Charles Wasser (no listing) Winifred Gallant Lola and Malcom Peterson Charles and Lenerd Annaloro Frank and LIllian Siero Leopold and Blanche Pomerleau William P. Callahan Lorraine C. Beauddin Edward Hamel Andrew and Maxine Vannett William B. Kent Arline M. Kent ARC Realty Corp Fellowship Bible Church Mr. & Mrs. Larry Sideri Country Side Real Estate Turnpike Street, North Andover 324 Winter Street, North Andover 281 Middlesex Street, North Andovr 293 Hillside , North Andover Andover by pass, North Andover 274 Hillside, North Andover 15 Holbrook Road, North Andover 250 Hillside, North Andover 240 Hillside, North Andover 234 Hillside, North Andover 224 HIllside, North Andover 591 Turnpike Street, North Andover 570 Turnpike Street, North Andover 550 Turnpike Street, North Andover 550 Turnpike Street, North Andover 530 Turnpike Street, North Andover Turnpike Street, North Andover 306 Sillsie Street, North Andover Turnpike Street, North Andover December 15, 1986 Chairman Board of Appeals Town Hall North Andover, MA 01845 Re: Parking Variance Chestnut Green Dear Sir: As a follow-up to the petition made on Tuesday, December 9, 1986, I would like to restate the following: 1. The present development of Chestnut Green at the Andovers meets all the requirements of the Town of North Andover in regards to green space, parking, building set -back and all other zoning requirements. While the project was approved prior to the planning boards site plan review process it would exceed its requirements if presented today. The project has in fact received awards for its landscape and architecture. 2. It has been our experience in developing similar projects in Needham, Norwood, Danvers and Peabody that a parking ratio of between 3 and 3.5 parking spaces per 1000 feet of net building area is sufficient to accommodate the requirements of the building even when medical use is prevalent. 3. Attempts at securing additional parking has been made and will continue, however, the request for the- variance provides the most immediate and certain guarantee for a long term solution to the shortage. 4. The buffer that will exist if the variance is granted will not affect the set -back of the building from the present Route 114. It will remain at 100 feet. The fifty foot buffer will be reduced to thirty-two feet. Even if Route 114 is widened at some point in the future, the 32 foot buffer would be reduced by no more than 10-12 feet still leaving a buffer of 30-32 feet and a building set back of 88 to 90 feet. �y 9 r DIF El PIROW am Application filed on: Hearing due no: �+ due on: �b f 0 m 4— 1,�M- 03.6 = G!S qo- (9--69-0w3 =- G—cS q&qr C esl,� Gv e2v� off+ January 14, 1987 Petition #36-87 Chestnut Green at the Andover Condo Trust, % P¢cDonald & Laver 555 & 575 Turnpike St. Mr. Daniel Long, Town Clerk 120 Main Street Town Office Building North Andover, MA 01845 Dear Mr. Long: The Board of Appeals held a public hearing on December 9, 1986 upon , the application of Chestnut Green at the Andover Condo Trust, % McDonald and Lavers requesting a variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaws so as to permit enlarging of existing parking area, paving closer to the street by 18' thus encroaching on the '50' landscaping buffer by 18'. The following members were present and voting: Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule, William Sullivan and Anna O'Connor. The hearing was advertised in the North Andover Citizen on November 20 and 26, 1986 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Ms. O'Connor the Board voted to grant the petition.:,as requested, however the following vote was received, two in favor, two opposed and one abstained, therefore the petition was DENIED. Sincerely, Al ed FrizeAle, Vi.c -chairman BOARD OF APPEALS /awt M 5 (� NORTh L SACNU3�� TOWN OF NORTH ANDOVER `. , To`"/n MASSACHUSETTS , Ll,��kV v;i VL .. :.oma Old BOARD OF APPEALS January 14, 1987 Petition #36-87 Chestnut Green at the Andover Condo Trust, % P¢cDonald & Laver 555 & 575 Turnpike St. Mr. Daniel Long, Town Clerk 120 Main Street Town Office Building North Andover, MA 01845 Dear Mr. Long: The Board of Appeals held a public hearing on December 9, 1986 upon , the application of Chestnut Green at the Andover Condo Trust, % McDonald and Lavers requesting a variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaws so as to permit enlarging of existing parking area, paving closer to the street by 18' thus encroaching on the '50' landscaping buffer by 18'. The following members were present and voting: Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule, William Sullivan and Anna O'Connor. The hearing was advertised in the North Andover Citizen on November 20 and 26, 1986 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Ms. O'Connor the Board voted to grant the petition.:,as requested, however the following vote was received, two in favor, two opposed and one abstained, therefore the petition was DENIED. Sincerely, Al ed FrizeAle, Vi.c -chairman BOARD OF APPEALS /awt ,00 E R i., lass ; . 1 �ICHAS��1� '37 TV TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Chestnut Green at the Andover Condo Trust, % McDonald & Lavers 18 Railroad Ave. Andover, MA 01810 ...� iiT ..1 01— Clea k - Date ,January. ,14.,. ,19.87.... . Petition No.... 3 6,7 $ 7 ............. Date of Hearing. DeGembe.r, 9,, . 1.986 Petition of ...chestnut, Green at .the Andover...C. oI.n.do Trust % McDonald & Lavers Premises affected .....555.. &..575.. Turnpike. St ...................................... . Referring to the above petition for a variation from the requirements of the .S e c•t i on . 7• • .. . Paragraph .7...3, and Table 2 of the Zoning ByLaws so as to permit • end argi.ng..o..existing parking area, paving closer to . the Street .by.. i.8.'...thus . encroachin.g . on . the. 50.', .lands.capinq .bgffe.r, by. 18' . After a public hearing given on the above date, the Board of Appeals voted to ..DENY..... the variance X �x*�c i S>btoxAKKx ...................... A:t#*kj,9[ ............................................................................. Motion made by Mr. Soule and seconded by Ms. O'Connor to grant the petition as request, with the following vote; two in favor, two opposed and one abstained, therefore the petition was DENIED. Signe A�edizel�ice c airman ........ Augustin.e . N,ickerson,..CIerk. ........Walter . S.oule .................... ........William. Sullivan........... . ......Anna. O' Connior................ ................................. Board of Appeals Recelvee, by Town Clerk: TOWN 0$,VT THIIA MASSACHUSETTS 1►�i OARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Chestnut.Green at the Andovers Condominium Trust c/o McDonald & Laver --- ________ ----_Address 18 Railroad Ave, Andover,A 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7.3 and Table 2 of the Zoning By Laws. Footnote NO. 1 b) For a Special Permit under Section Paragraph of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land x`and building(s) numbered 555 and_.5.75._Tur_nPik,-----------Street . b). Premises affected are property with frontage on the North ( ) South ( ) East ( ) West (x) side of Turngike Street, and known as No. 555 and 575 Turnpi.Ke Street. c) Premises affected are in Zoning District B4, and the premises affected have "An area of 100,400 square feet and frontage of 437 feet . 3. -Ownership a) Name and address of owner (if .joint ownership, give all names): Chestnut Green at the Andovers Condominium Trust c/o McDonald & Lavers, 18 Railroad Ave, Andover, MA 01810 Date of Purchase 1985 1986 —_Previous Owner Newport Group, Inc. b) If applicant isnot owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 44 Size of proposed building: . n/a front; n/a feet deep; " Height stories; �–feet. a) Approximate date of erection: n/a b) Occupancy or use of each floor: – –n/a c) Type of construction: _— n/a 5. Size of existing building:n1a feet front; n/a feet deep; Height --stories; _– feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) loor:c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? no If so, when? ------ I Description of,relief sought on this petition Petitioners would like to enlarge existing parking area, paving closer tothe street by 18 thus encroacTing on the 50 _landsca in _buffer by 18" Deed recorded in the Registry of Deeds in Book 1926/2114 Page 309 Land Court Certificate No. __ Book ___Page & 287 The principal points upon which I base my application are as follows: (must be stated in detail) The existi_ parking area and spaces conforms to the ruls and regulations of the zoning bylaw, however there is a shortage of parking spaces or__Fit a owner^rs —' and their clients. The additional 37 spices wi a car per o con o area and mkeaa better 4 cars per 10 - o con -c'fo `par ing ra io. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Richard Ruggiero, Trustee Signature of Petitioned 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 beofurnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list which list shall include the petitioner, abutter opposite on any public or private street or wa abutters within three hundred feet (3001) of tt Petitioner as they appear.on the most recent notwithstanding that the land of any such owner or town, the Planning Board of the city or town, every abutting city or town. of "Parties In Interest" s, owners of land directly (, and abutters to the e property line of the applicable tax list, is located in another city and the Planning Board of *Every application shall be submitted with' an app?:ica*ion charge cost in the 'amount of $25, iib. In addition, thepetitioner 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. LIST OF PARTIES IN INTEREST Name Dr. Ron Marvin & Dr. Richard Barger Dr. Ober Robert LIppee/Eagle Enterprises, Inc. Prestige Placement Dr. Yu and Dr. Prakash Ken and Carol Spracklin R.A. Reichter/Eaton Managmeent Dr. Gogjian Dr. Rudy Lantelme Dr. Msumba New England Life Goldstein Dr. Weisner Dr. Johnson and Or. Birkby Digital Arts Group Inc Dr. Max Perlitsh 575 Turnpike St Address 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 575 Turnpike St 555=Turnpike St 555 Turnpike St 555 Turnpike St 555 Turnpike St 555 Turnpike St .9 . -3i LIST OF ABUTTERS Merrimack College Turnpike Street, North Andover Mary Emma S. Trombly 324 Winter Street, North Andover Naomi E. Trombly 281 Middlesex Street, North Andovr Eric P Hope 293 Hillside , North Andover Charles Wasser (no listing) Winifred Gallant Andover by pass, North Andover Lola and Malcom Peterson 274 Hillside, North Andover Charles and Lenerd Annaloro 15 Holbrook Road, North Andover Frank and LIllian Siero 250 Hillside, North Andover Leopold and Blanche Pomerleau 240 Hillside, North Andover William P. Callahan 234 Hillside, North Andover Lorraine C. Beauddin 224 HIllside, North Andover Edward Hamel 591 Turnpike Street, North Andover Andrew and Maxine Vannett 570 Turnpike Street, North Andover William B. Kent 550 Turnpike Street, North Andover Arline M. Kent 550 Turnpike Street, North Andover ARC Realty Corp 530 Turnpike Street, North Andover Fellowship Bible Church Turnpike Street, North Andover Mr. & Mrs. Larry Sideri 306 Sillsie Street, North Andover Country Side Real Estate Turnpike Street, North Andover