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HomeMy WebLinkAboutMiscellaneous - 60 WILLOW STREET 4/30/2018 (5)R !lariance o Special Permit APPiri ��' m i` u. DECISION DUE anbojo :!ADE N U.S.Q. U �� O O Legal Nonce TTO"�iIN OF., NORTK ANDOVER BOARD dF APPEALS NOTICE January 22, 1985 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, -on Monday evening, the 11th day of February 1984; at 7:30 o'clock, to all parties interested in the ap- peal of CENTURY LAMINATORS, INC. requesting a variation of Sec: 7, Par. 7.3 & Table 2 of the Zoning By Law so as to permit relief from the side setback re- quirement to allow the construc- tion of an addition on the premises, located at 60 Willow St. By Order of the Board of Ap- peals. Frank Serio, Jr. Chairman Publish N.A. Citizen: January 24 and 31, 1985 d19 sur* :PN S: 1555 - CHO�; TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January ..??...19.85 _ Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on ... P.. n d a y ev.eni ng the 11th day of .:..a ebruary 1§.5 , at 7.:. Vclock; to all parties interested in the s ppeal of ....... .CEN.TUR.Y. L.AM.LNATORS.,. INC.. .._ ... & Tab e 2 requesting a variation of Sec.?.,. . Par ..7A. . of th, Zoning By Law so as to permit ... r e 1. i. e f, from the s i d setback re.qui.r.em.ent..to..a 1.1.ow..th.e . co.ns t,ruc.ti o. ; , o,f . an addition. ................................................ ..... ....................................................... ...................................................... on the premises, located at .. 6.0 Q. W i 1 1. o w. S t r e e t _ ... . ..................................................... By Order of the Board of Appeals By: Frank Serio,Jr., Chairman Publish: Citizen: January 24 and 31, 1985 Send bill to: Century Laminators,.Inc. 60 WilloW St. -- No. Andover, Mass. 01845 NORTI{ L F 9 # s • ;� r ,SSACHUStt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO Members Serio, Frizelle, Sullivan, Soule and Vivenzio FROM Jean White SUBJECT: Century Laminators - Willow Street DATE February 19, 1985 The enclosed information was submitted to this office today. I am forwarding it to the members who sat on the public hearing. a TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS In re Application of Relief from the requirements of the Zoning Ordinance, CENTURY LAMINATORS, INC. Applicant x ----------------------------------------x MEMORANDUM FOR THE APPLICANT By way of summarizing and collating all the arguments presented before the Board in connection with the matter, Applicant is respectfully submitting this Memorandum for the Board's considera- tion in resolving the instant application. BACKGROUND FACTS On January 19, 1984, Applicant entered into a Contract of Lease with Option to Purchase a Commercial Building to be constructed on 4.42 acres of land located within the North Andover Business Park. The contract provided in its Exhibit "C" the protective covenant, the pertinent portion of which reads: "LAND -TO -BUILDING RATIO/BUILDING STANDARDS: No building or structures shall be erected or maintained within fifty (50) feet of any street or within twenty (20) feet of the other boundaries, xxxx xxxx xxxx xxxx xxxx xxxx xxxx." - 2 - A Photocopy of the Protective Covenant mentioned is attached hereto as Annex "A" for easy reference. Plans were drawn in detail on the internal lay -out and manufactur- ing flow involving all the equipment to be installed within the building. The lay -outs drawn were basically similar to the manufacturing work flow in Applicant's other facilities in California and Arizona. The only difference was, whereas it's water treatment facilities need not be well housed in California and Arizona, ample housing is necessary for the one in North Andover due to the heavy winter snow which neither California nor Arizona ever experience. It became apparent therefore that the water treatment equipment to be installed in Applicant's facility in North Andover had to be housed. And this meant that additions to the building will have to be constructed for this purpose. A quick check of the set -back requirement of the afore -quoted protective covenant indicated that the addition is way outside the twenty (20) feet of the northern boundary of the property. On October 10, 1984, Permit to Build No. 402 was secured from the Building Inspector of the Town of North Andover for the permission to erect this addition to Applicant's manufacturing building. During discussions of the plans for the additional structure with the Owners, Applicant became aware for the first time that the protective covenant quoted above is actually not in conformance with the distance or set -back requirements of the Township's Zoning by Law. - 3 - Applicant had erroneously worked on the notion that the afore -quoted protective covenant had been duly approved by the Planning Board which approved the subdivision plan of the North Andover Business Park and that due to this approval, the stated set -back distance of twenty (20) feet was an exception to the Zoning By Law of the Township. This assumption was based on Applicant's interpretation of Section 11, on Planned Development District of -the Zoning By Law of the Township, which states: "11.1 Jurisdiction: The Planning Board may grant a Special Permit for construction of PDD in the following district: I -S. The Special Permit shall conform to this By Law and to G. L. Chapter 40-A, Section 9, and to regulations which the Planning Board shall adopt for carrying out its duties hereunder. Except as set out hereunder, or in the Planning Board's regulations, or in a specific permit granted hereunder, the provisions of the Zoning By Law shall continue to govern." (underscored for emphasis) . As indicated above, the application of the Zoning By Law under consideration provides for certain exceptions, viz. as set out under Section 11 or in the Planning Board's regulations, or in a specific permit granted by the Planning Board. A perusal of the quoted provision of Annex "A" would indicate that the North Andover Business Park appears to fall under Industrial S classification. For indeed the side set -back for an Industrial S is a minimum of twenty (20) feet as shown by Table 2 of Section 7 of the Township's Zoning By Laws. -4 - While finalizing its Plant lay -out, Applicant was working on this notion. It was only at or about the time that it applied for a variance that Applicant realized that because of the size of the land it is occupying, which is around 192,600 square feet, it does not fall under the classification of Industrial S, but possibly under either Industrial 1 or 2 which both have a side set -back requirement of fifty (50) feet. GROUNDS FOR SEEKING VARIANCE 1. That owing to the circumstances relating to the proposed structure and affecting such structure, a literal enforcement of the side set- back requirements of the Township's Zoning by Law will involve substantial hardship, financial or otherwise to the Applicant. DISCUSSION OF THE GROUND Applicant is an out of State concern that came to the Township without any intention of violating any of it's Laws. It was only following a Plant lay -out that is dictated by sound Industrial Engineering practices. In doing so, it was not aware that the set -back requirements in the contract it had signed was in reality not in conformity with the Zoning By Law of the Township. It's discovery of this fact was at the end of the completion of the installation of all the equipment based on work flow, and when it had started initial preparations for the addition in question. At this point in time, it had already installed and - 5 - hooked up all the equipment in the area which is directly adjacent to the addition in issue. These equipment are used for Printing and Etching and include an Etcher, a Developer, a Scrubber and a Black Oxide Line which are attached semi -permanently to the concrete flooring of the building. The cost of all these equipment installed and hooked up has already ran to more than half a million dollars. Attached as Annex "B" is a photocopy of the summary showing the cost of these items. The sugges- tion to re -run the pipes would be very costly. It will involve the need for a bigger pump, ground diggings and possibly a new sewer system. There is no more space within the Plant where these equipment can be relocated. To attempt to do this would mean re -locating all the other equipment and machinery installed in the other portions of the building which similarly have been so placed in accordance with a planned manufacturing flow. The domino effect would result in a tremendous expense and waste of the needed time to get the Plant operational as soon as possible. Such a relocation would also adversely affect the flow of work and would make such work flow unsound from the Industrial Engineering and Manufacturing standpoint. - 6- 2. That the variance applied for may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Township's Zoning By Law. DISCUSSION OF THE GROUND The addition in question can in no plausible way be detrimental to the public good. It would not nullify the intent or purpose of the Township's Zoning requirements. The variance sought will not affect the health, safety, convenience, morals and welfare of the inhabitants of the Town of North Andover. On the contrary, its being able to operate will be to the welfare of the community. Once Applicant's plant becomes fully operational, no less than two hundred (200) jobs will be provided to the community. The taxes which Applicant pays and will be paying on revenue generated, will undoubtedly redound to the benefit of the Township's coffers. The Township's selectmen apparently saw this when they approved the financing for the project as indicated in the news item which appeared in the Lawrence Eagle -Tribune, a photocopy of which news report is attached as Annex "C" of this Memorandum. THE OPPOSITION Mr. Tony Sachowitz who opposed Applicant's application, premised his objections fundamentally on the point of aesthetics and - 7 - not on the distance involved in the Application for a variance. He has no qualms about distances inasmuch as the proposed addition is one hundred eighty-eight (188) feet away from his building. Despite all assurances that any additions made by the Applicant shall conform to the requirements of the Grantor as specified in Annex "A" hereof, Mr. Sachowitz speculates that the Applicant will do otherwise. The substance of his objections appears to be more a matter between the Grantors and Mr. Sachowitz and is in essence not material to the issue before this Board of Appeals. In other words, the enforcement of the provisions of Annex "A" is not the same as the enforcement of a valid Zoning By Law which is the Town- ship's basic concern. Between the actual hardships that the Applicant will encounter directly and the mere apprehensions of Mr. Sachowitz, it is submitted that the equity of the matter appears to tilt more in favor of an approval of the instant application. It may not be amiss to point out also, that weeks before the hearing on this Application, Mr. Sachowitz had agreed with Applicant on the proposed changes to be made. That he made a complete turn- around as shown by his opposition during the hearing hereof is most astounding to say the least. For the Board of Appeals to appreciate the actual situation relevant to the Application herein, the Applicant would suggest that the Board conducts an ocular inspection of. Applicant's facility at No. 60 willow Street, North Andover at any time most convenient to it. -8 - PRAYER PREMISES considered, Applicant respectfully prays that it's application for a ten (10) foot relief from minimum side set -back dimensional requirement be approved and granted. North Andover, Massachusetts, February 12, 1985. CENTURY LAMINATORS, INC. By: PRIMO MALIWANAG, JR. Vice President for Administration TO THE TOWN CLERK Town of North Andover Greetings: Please submit the foregoing Memorandum for the consideration of the Board of Appeals as soon as receipt hereof is made. Thank you. PRIMO. MALIWANAG, JR. r a ANNEX "A" too EXHIBIT ,"C" NORTH ANDOVER BUSINESS PARK PROTECTIVE COVENANTS CREATION OF ENVIRONMENT: A key principal of the 114 Associates concept of planned industrial and business development is the preservation of long-term property values. Accordingly, regulations are established for the North Andover Business Park in the interest of providing each client an optimum protection on real estate investment. These regulations are intended to sustain an environment of business refinement, to retain the integrity of the Park's masterplan, and to preserve the tangible qualities of property value. LAND -TO -BUILDING RATIO/BUILDING STANDARDS: No building or structures shall be erected or maintained within fifty (50) feet of any street or within twenty (20) feet of the other boundaries, nor having exterior walls faced other than with brick, pre- cast concrete, metal panels, or other equally aesthetically acceptable material approved by Granters or by such successors as to color, perma- nence, and architectural conformity with a garden -type business park, nor having other than a flat roof which may slope not more than one (1) foot in twenty-four (24) feet, nor occupying more than fifty (50%) per cent of the lot area; nor shall any buildings or structures be erected, or exterior structural alterations or additions made, except pursuant to plans first approved in writing by Grantors, or such successors, as to landscaping and, architectural conformity to a garden -type business • park, which approval shall not be withheld unreasonably. Reasonable care shall be used to maintain the exterior appearance of said premises and all structures thereon in accordance with such plans. LANDSCAPING/PARKING: All the setback areas shall be developed and maintained only for paved walks, paved driveways, lawns and landscaping; and at least seventy- five (75%) per cent of the fifty (50) foot setback areas shall be developed and maintained as landscaped areas. Any other areas to the extent not covered from time to time by buildings shall be either paved or landscaped. Parking of vehicles shall be permitted only on paved areas. No use shall be made of the building which requires or is reason- ably expected to attract parking, loading or unloading in excess of the capacity of the facilities maintained therefor on the premises, without using streets therefor. STORAGE: Open storage shall be permitted provided such storage is located to the rear of the front line of the principal building and screened from public view by some substantial !�o'ch as ornamental wall or cedar fencing erected in such a way as not to make the exterior appearance of the building untidy, and plans for such screening must be approved by Grantors or such successors. SIGNS: No sign shall be erected except pursuant to plans approved by Grantors or such successors, which approval shall not be withheld un- reasonably. Not more than two (2) directional signs may be erected on the premises, and each shall be limited to four (4) square feet in area. All other signs shall consist only of open lettering announcing the name of the occupant of the building upon which the sign is located and shall conform to the following criteria: The length shall not exceed thirty (30%) per cent of the length of the wall to which the letters are attached. The height of the letters shall be limited to eight (8) feet. The letters shall be attached to a building wall or roof; they shall not extend beyond the end of the building, nor more than twenty-four (24) inches out from the building wall, nor project higher than forty-two (42) inches above the main cornice line of the building. There shall be no illumination of a flashing, inter- mittent, or moving type. OBJECTIONABLE USES: No uses shall be made of the premises- except such processing, storage, wholesale, office, laboratory, professional, and research and development uses (and minor service and retail uses for accommodation of those employed therein) as are not offensive to the neighborhood by reason of odor, fumes, dust, smoke, noise, or pollution, nor hazard- ous by reason of danger of fire or explosion. PLAN APPROVAL: The premises shall not be subdivided without the express ap- proval of the Grantors or such successors. Approvals may be given, and these restrictions waived in particular respects, only by instrument in writing signed by the Grantors or their successors in trust or their successors in title to whom the exclusive benefit of these restrictions may hereafter have been expressly granted of record, or by any agent to whom author- ity therefor may have been delegated by the Grantors or such succes- sors by instrument duly recorded, and such instruments, whether or not recorded, shall be binding on all persons succeeding to the benefit of these restrictions.. The completion for more than six (6) months of any construc- tion, other than exterior signs, driveways, parking areas, grading and landscaping, shall be conclusive evidence of approval or waiver unless suit for enforcement has been theretofore commenced and notice thereof theretofore recorded appropriately to affect the record title to said premises; and any such construction may be repaired or replaced in case of damage or destruction. No owner shall be responsible except for violations occurring on his land whole owner. vl a II cc 0_j CO 2 2 2 2 2 2 2 2 2 -C-0.1009 ------CENTURY NORTH ANDOVER -LAMINATORS, INC. ANN . EX "B" PROPERTY) PLANT AND EQU-1 PMENT ASSFT AUT8 /42- /-14 Z - PRINT 4 K-rC44 pATF - 1 2 4 PATE REF# _VENDOR AND .I I 0 ME! i cl e. v M 11111MMIM f MUM loin 1111111111=111m,■in NIP) I 11 lniiimmiooimimioim.- m 11111IMS E-91 1 In u 1119iffilm s''in ""1, 0 WN111111100 lmitimmimmmmimmm I 11 IM1M lm1mmml1m_ 111F.1111111111P, ;.,I in . - - u 11111 0011 I■Inm■Immm1m is Em nimilmilso Iml ION 10M.1 III I insimmilmmmiNI&IM- I I luml MM - MW.! immmmimmmiminw- • goal IMMENEWNFAINMN.A, 11MMI 0 iiimioiiimmimmmmim!- MIMM1111 H�►1�1� • . , � _I■Illln■I■IN ■I■ .�: �®I■ n ■I , milinimilinsimin, WORM 1mm 1111 11 inimininiomionim■ 0 x W Z z Q to " w:; v �cis 0 V E"y+.yy�y pat Li 'E 9.000L„4— ONy Cwv�'cu a Q cGq e^e7 O.� � WO a7 . 8 w h:u 4) J7 JVo,Qy:03. W00N 63 cc •0 cc ca � C raA_..i CD .. �+ LM vi _ gyp. Qy� o: cC .a C Go p dl t0 o .oq � w cu C ' cc � F. � rQ a O W404C," dGol���41R.•u�i•�'O++ P Q! • b coo V 4: a .93 A Z t10 a:dTo°u ..,A . QZ� y �a q��ovm adv, oW2,913•19 eauv, caaiay�'oNs.�v co 0 cu ,a fl k-; e NOR7M p# ��•o „•1M0 A F p # r # i r SSACMUS#S TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS April 14, 1986 Century Laminators, Inc. 60 Willow Street North Andover, MA 01845 Gentlemen: Petition #10-85 Date of Hearing - 2/11/85 In reply to your letter of March 14, 1986, please be advised that the Board of Appeals held a meeting on Tuesday evening, April 8, 1986 and discussed your request for an extension to the variance granted last year. On a motion made by Mr. Frizelle and seconded by Mr. Soule, your extension was granted. Members that heard the original hearing voted in favor - Mr. Frizelle, Mr. Soule, Mr. Sullivan and Mr. Serio. This extension is granted in order to give you additional time to improve your financial position so that you can complete the expansion planned. /aw.t Sincerely, BOARD OF APPEALS Frank Serio, Jr, Chairman L i s r� •, I)A tic ENTURY No A'MINA TORSI INC. .March 14, 1986 Board of Appeals North Andover, Massachusetts - Dear Sirs: In accordance with Chapter 40A, section 7, we hereby respectfully request an extension to the variance granted last year.(see attached) The severity and length of the slowdown in the computer and related electronics industry experienced in 1985 forced Century Laminators, Inc. to delay the completion and subsequent opening of our facility in North Andover. However, our business activity has steadily increased since September, 1985 to levels that now give us the financial position to accelerate our expansion plans. We have contracted local builders to complete the necessary addition within 45-60 days. as with these matters will Your understanding and be deeply appreciated. Thank you again. Sincerely, , le, William A: Brandell North Andover Anaheim, CA 689-0240 714-828-2071 1-800-523-5218 Vice President 1225 KNOLLWOOD CIRCLE • ANAHEIM, CALIFORNIA 92801 • (714) 828-2071 • TWX NO. 910-5911212 3801 E. LA SALLE • PHOENIX, ARIZONA 85040 • (602) 431-1024 • TWX NO. 910.9978019 60 WILLOW STREET • NO. ANDOVER, MASSACHUSETTS 01845 • (617) 689-0240 111 El. � L di , of pprovat yQR � 1 K i`: Con t i c� �' Inc .1inators. Centur! street 60 petitionadd e to the rear of the 10 foot lbuildingtiOd to the storag the side of thO 1. Thct� be no along' end �. •: the builidn9 consisting of 41lanted and maintained# Ther' Ahalt be shrubs planted spaced four feet g othe inning 4f mini.. ..,n of cent plant four foot high link fence. _ ed on the side lot line rgm the be s toc ,.jc fence to the rear of the chain, of the same building matietials as the 3: 'Tlte i•�ition shalt be ' exis ng building° uiremen and _ d. to meet the Bond's req _. -- �• The � an shall be revise , refl �t the above conditions. , 1 CENTURY &5 AMINA TORS, INC. Board of Appeals North Andover, Massachusetts Dear Sirs: March 14, 1986 In accordance with Chapter 40A, section 7, we hereby respectfully request an extension to the variance granted last year.(see attached) The severity and length of the slowdown in the computer and related electronics industry experienced in 1985 forced Century Laminators, Inc. to delay the completion and subsequent opening of our facility in North Andover. However, our business activity has steadily increased since September, 1985 to levels that now give us the financial position to accelerate our expansion plans. We have contracted local builders to complete the necessary addition within 45-60 days. Your understanding and assistance with these matters will be deeply appreciated. Thank you again. %Sincerely, William A. Brandell Vice President North Andover 689-0240 Anaheim, CA 714-828-2071 1-800-523-5218 1225 KNOLLWOOD CIRCLE • ANAHEIM, CALIFORNIA 92801 • (714) 828.2071 • TWX NO. 910-5911212 3801 E. LA SALLE • PHOENIX, ARIZONA 85040 • (602) 437-1024 • TWX NO. 910-9978019 60 WILLOW STREET • NO. ANDOVER, MASSACHUSETTS 01845 • (617) 689-0240 X5ont 41 hAny appeal shall be thed p6QO within (20) days after the p. A"IL1n .j .t` date of fflln&of this Notice NprOY� L RKIj S �•• iaas ri Nt? In.the OfflGe o 1 ae ER i t the Town MqR 1 i s •� Clerk. i M 'afOWN OF NORTH ANDOVER - MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Rata • . Petition No.....i0:''. $ 5 .......... - - --- - Date of Hge• ing. CENTURY NATORS IN ;.ALL. •• Petitionof ... ........ ........ ...................... Premises affected 6.0. K11QW..Stxe4P.t.......................... ..................... Referring to the above petition for a variation from the requirements o, the . z.Pni•ng. •Sy..IiaW ' `",C. Secti.on..7, P4r4graph 7...3..and .Table., 2... ... ..: ... so as to permit relief from the. side s.etb.ack .requirement :to .allow . the. y construction. of. an.,addition ...................... ................................. �:'s• After a public hearing given on the above date, the Board of Appeals voted to ..Grant... the variance . ................ and hereby authorize the Building Inspector to issue a permit to :construct an. -addition •of. .68 . feet• ,by. •10• •fest. • . • • • • • • • • • . • '. for the construction of the above work, based upon the following cdnditiono: (see attached conditions) 4 Signed Frank- Jp , 5 riq, ,. Chairan .....••..o• ... Y•...� Alfred ,E,..Frizel3 e.,..I✓Q,.,..V.i,Co.. Cha itaa `� 'CY Wil .1i4n).J., $u4.1.�v• n ............. ti Walter F, Souls, +` 69� Board pf APAea�+ ... . T �' ��N t pHA r oval Condi tic„ o£ ACCP NQR,yAfL0wiR _ Iinatorse Inc.. Century go street �. lo-185...��� petition be no storage to the rear of the 10 foot andibuildings 1 • The along the side of thP,. e�cis�i 9 ; and r.: the builidng . shall be shrubs planted and maintained, consisting of a "; 2 Ther • h • h hemlock& , spaced four f in of the mini.- ;a of four foot lg ig the side lot line�from the beg 11" cent,-, planted on of the chain link fence. st oc ,.3c fence to the rear building materials as the ei•�ition shalt be of the same ' exis ng building. require�►en a►nd _._ shalt b Q revised. to meet the Bo4fd' a 4. The refl`:t .,an the above conditions. fl '�''•"�1 �ORT/y FIECZIVED 0044". D01E-L 14; Vil HDr, LCHK f. lass ; 1N AfiU0VER '�'►t°cHio��'� PIy 81OWN OF NORTH ANDOVER MASSACHUSETTS }i • Any appeal shall be filed within (20) days after Y r the .,. date of filin& of this Notice in the Office of the Town ., t Clerk. 44 BOARD OF APPEALS 0 5F 75 'i j NOTICE OF DECISION ' Date M4�ch.1$,..190..5. �° Petition No.....10 nM .......... . Date of Hea• ing..Pfrbryary, .1.1 , 19 85 Petition of CENTURY bAMINATORS•,• .INC,, . • • • • • . , . , • . • • • • „ • • • „ Premises affected.......0 . K IRW..Stree..t ... :. 4 — _ Referring to the above petition for a variation from the requirements o. the . Zoni-ng...y..Traw . Sect: on..7 , Paragraph ... �a>• so as to permit relief from the. side s,etb.ack .re.quirement .to .allow . the. . construction. rat. ,an.,additi.on........ .............. ............... ............... . After.a. public hearing given on the above date, the Board of Appeals voted to .. Grant... the variance and hereby authorize the Building Inspector to issue a permit to .construct -an •addition •o'f..69 •feet. -by. •10• -feet ........................ for the construction of the above work, based upon the following odnditions: ! (see attached conditions) •. i3 Signed Frank* .S rio,• Jr. Chairman• , • , ... ... .. • ;:f' . Alfred ,E,. ,FriZel; A .Esq,.,.. V. 4;e. ,Chairman . William.J.•.. u�l Yd.A. ............. Walter r. Soule... ... • ... I ........ Board of Appeals I 7% IIlrr jV L1Droval i,)N Cond i t i 01 o f App . Century -winators, Inc. . 60 WiLtO street lo -185. Petition 1. Thorc . f t- 10 foot additiod to the the rear 0 the be no storage to . e eXistipq building, of th. end the builidng along the side and maintained* consistic ng Of 2. The shall be shrubs planted of four foot high hemloc��! paced four feet. o S of the 'from beginning mini., cent,--, .;,u the planted P. the side lot line d n . . the chain jinX fenceo stac 1,je fence to the rear of :.jition shall be I of the same building materials as the 3. The exis -'ng building. 'and shall be revised to meet the Boqrd*s requirements 4. The ref an the above conditions. Mr. Dan Town OL" North A Dear Mr. The Boo Februar. The hea 24 and The fol Chairma. Su l l i va Vivenzi• RECE1YED DANIEL L04C TOWN CLERK NORTH �,NDOVER ; MAR 21 1 13 PM '85 s34CNUSSt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ,�L Long, Town Clerk ice Building tover, Mass. 01845 .Long: Any appeal shall be filed within (20) days after the. date of filing of this Notice in the Office of; the. Town Clerk. March 18, 1985 Century Laminators 60 Willow Street Petition No. 10-185 t of Appeals held a public hearing on Monday evening, 11, 1985 upon the application of CentU7y Laminators Inc. inq was advertised in the North Andover Citizen on January L, 1985 and all abutters were notified by regular mail. )wing members were present and voting: Frank Serio, Jr., Alfred'E. Frizelle, Esq., Vice C1 irnan; William J. and Associate Members Walter F.. Soul,- and Razymond A. Esq. The pet tioner seeks a variance from the provisions of Section 7, Paragra :1 7.3 and Table 2 of the Zoning By Law so as to permit relief. Tom the side setback requirement to allow the construction of an a lition on premises located at 60 Willow Street, located in the Ind--trial-1 (I-1) zoning district. Mr. Jun Maliwanag testified that the parcel is located in the North A.1dover Business Park and the addition was partially constructed before the violation was discovered. The addition is very ne-essary to their operation and the equipment is already in place. Denial of the variance would create a financial hardship since t c addition would have to be relocated at a considerable expense. Mr. Ant ..,ony Sakowich, an abutter, spoke in opposition to the petitAc, . Upon a 'otion made by Mr. Frizelle and seconde, by Mr. Vivenzio, the Bozo 1 voted unanimously to take.the petitici under advise- ment. Centuryj minators, Inc. 60 Willo,. Street Petition ). 10-'85 March 18, L985 Page 2 RECEIVED DANIEL LONG T0WN CLERK NORTH ANDOVER MAR Z I n I is N IS Fol IOwirl individual site visits by .the Members, the Board renderc:j i decision on Monday evening, March 11, 1985 with Members Serio, r' relle, Sull.Avan, and Soule present and voting. Upon a r,; Aon made by Mr. Fr- i zel le and seconded by Mr. Sullivan, the Boar voted unanimously to grant the varianc! for an addition to the ) »erty of 68 feet by 10 feet as shown on the plan, subject the following conditions: 1. Ther be no storage to the rear of the 10 fe)t addition to the end � the building along the side of the ex.sting building. 2. Ther, shall be shrubs planted and maintai ad. consisting of a mini 'im of four foot high hemlocks, spaced `our feet on cent ,-, planted on the side lot line from the beginning of the ---- -- ---- stoc i,le fence to the rear of the chain link fence. 3. The idition shall be of the same building materials as the exis. ng building. 4. The Lan shall be revised to meet the Board's requirements and reflect the above conditions. In grant ng the variance, the Board finds that Section 10.4 of the Zoning L. Law has been satisfied. In particular, the Board finds that a :.instantial financial hardship would be forced on the petition,- if the variance were denied, resulting in the relocation of the partially constructed addition. . The Boa: further finds that the conditions iiposed on the variance prevent any detriment to the abuttLng properties and that. thee;-el-ief may be granted without nul.lifyir.l or substantially derogati .3 from the intent and purpose of the Zo ting By Law. 1 Sin !erely, SOA 'D OF APPEALS Frank Serio, Jr., Chairman jw (plan to follow) DA tilt, To vily e A►��L)t+ .X N.D�tN U SF GNR .�yslaaa��;4 MAR Zr �cnu� , .1,t`','y�i ' 1S PM 'ff OWN OF NORTH ANDOVER MASSACHUSETTS Any appeal shall be filed Within (20) days after the date of filing•of this Notice , in the Office of, the Town Clerk. , BOARD ' OF APPEALS NOTICE OF DECISION Date .... M,arch , l.$ , .19 85 ..... Petition No ...1 Q 71. 8 5........ . Date of Hea, ng. .February, . !.I's , 19 85 Petition of CENTURY LAMINATORS.,..INC...................... Premises affected 6.Q. Willow. Street ..................... ..................... Referring t<) the above petition for a variation from the requiremr s c' the . 2oni.ng..$y..I"aw Section. ,7, Paragraph. 7..,3,and Table. .2 ........................................ so as to permit relief from the side s.e tb.ack . re.qui.remen.t . to . al low . the . construction. of..an..additi.on............:...................................... After a public hearing given on the above date, the Board of Appeals voted to .. Grant. .. the n variance and hereby authorize the Building Inspector to issue a permit to con: truct. -an. addition. -of..68..fe.et-.by..10. feet .............. for the construcc� ion of the above work, based upon the following conditions: (see attached conditions) Signed Frank Serio,. Jr.. , . Chairman.... Alfred .E,...Frizel l Esg..,. ,Vice..Chairman Wil.liam.J... _ Su 11.4 v,n............... Walter F. Soule .................... ............... .. Board of .Appeals Condition of Approval T� LO,yo so rot ,fa Century. L :minators, Inc. -, EI? 60 ,4ilto�- Street M�R�� petition o. 10-'85 1. Ther( %e no storage to the rear of the 10 foot addition to the the existing building. end c the nuilidng along the side of 2. Ther( s'nall be shrubs planted and maintained, consisting of a on mini, n of four foot high hemlocks, spaced four .feet line from the beginning of the cent: tpLanted on the side lot the cl-iain link fence. stoc 1e fence to the rear of 3. Tile , ;,.1ition shall be of the same building Materials as the exis �.ng building. 4. The I -an shall be revised to meet the Board's requirements and refl .-.t the above conditions. S f Condition of Approval t aNc Century. I.minators , Inc .. 60 :willok. 'Street Petition o. 10-' 85�,BJ 1, Tncrc %e no storage to the rear n to the %xistinglbuilding. end r the builidng along the side of be. shrubs planted and maina, a 2, There 2. mini shall n of four foot high hemloc}cs, fourconsisting spiced onf beginning: of the cent. -- ; I-Aant.ed on the side lot line of the from the chain :Link fence. stoc ie fence to the rear 3. The aition shall be of the same building ' ,taterials as the exis ::.ng building. !.;r.in be revised to meet, the Board's requirements and 4. The reft shall ct the above conditions. S f SAXON COMPANY 100 Willow Street, No. Andover, Ma. 01845 9'ostfotmed.Oecotative —Caminates TELEPHONE: 666.7214 662.6067 April 5, 1985 Century Laminators, Inc. Willow Street North Andover, Mass. 01845 Attn: Mr. Joel T. Ramirez Dear Joel: Sorry for our unannounced visit but Bob Webster had a tight schedule before returning to Arizona. However, he came up with a suggestion that would be satisfactory to all of us. By Century Laminators removing cedar fence and starting chain link fence at location shown below we are accepting Board's decision and waiver the right to appeal. A. B. C. `D i9-- CsCq — - p — co r ---O 6 , Starting here, install and maintain chain link fence. Hemlock shrubs to start at this point. Landscaped area. Unfortunately you inherited this situation when you came here to take over. Hope we haven't inconvenienced you. Yours truly, A.Sakowich AJS/bm cc. Mr. Bob Webster Board of Appeals Uut salesmen v`Lte c s Close o �ou cAs qjout c..�litpott NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BUILDMOS ELECTRICAL INSPECTOR GAS INSPECTOR Board Of Appeals 120 Main Street North Andover,Ma. 01815 Gentlamen TEL. 888-8102 February 11,1985 Century Laminators, was refused a Building Permit because the proposed addition is to close to the side lot lines. Very truly yours, Charles H. Foster INSPECTOR OF BUILDINGS