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Miscellaneous - 70 FLAGSHIP DRIVE 4/30/2018 (2)
/L. Q•' 70 FLAGSHIP DRIVE 210/107.C-0079-0000.0 r , � I I ' I I I � 1 r �� �` `� /5 �� 1c�o � � �� .� � Y } ,� �. " . . _--� rK .. �� � z ., - ' Dov From the Desk of m Audrey W. Taylgxe-J��� 0 LEGAL NOTICE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS " April 9,1990 Notice is hereby given that the Boarlof Appeals will give a hearing at the Town Building,North Andover, on Tuesday evening the 1st day of May 1990,at 7:30 o'clock,to all parties interested in the appeal of Marasco NoO.Inee Trust requesting:,,Special Permit of Sec.4.131,and Parag 9,and Sec.4.11.1 of the Zoning By law so as to permit leasing space to"Palaestra Gymnastics Academy"in an Industrial i district as'Non-profit school or private school for profit'. on the premises, located at 70 Flagship Drive. By Order of the Board of Appeals Frank Serio,Jr.,Chairman LEGAL NOTICE TOWN OF NORTH At1DOVER MASSACHUSETTS BOARD OF APPEALS April 9,199C Notice ls:hereby given that the Board of Appeals will )ive a hearing at the Town Building,North Andover, )n Tuesday evening the 1st day of May 1990,at 7:30 o'clock,to all parties interested in the appeal of Marasco Nominee Trust requesting a Special Permit of Sec.4.131,and Parag 9,and Sec.4.11.1 of the Zoning By Law so as to permit leasing space to"Palaestra Gymnastics Academy"in an Industrial 1 district as"Non-profit school or private school for profit', on the premises, located at 70 Flagship Drive. By Order of the Board of Appeals Frank Serio,Jr.,Chairman ninY ' BRIGHT 'ECT YOUR J� ,dJ 1 iI 1V a f.. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE 90f a April .9. . . . .19. . . Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. Tuesday evening . . . . . . . the 1st. . day of .May. . . . . . . . . . . . . . . . . . 1990. , at.7:30'clock, to all parties interested in the appeal of I . . .Marasco Nomine.e .Trust. . . . . . . . . . . . . . . . . . Special Permit requesting a x%Mtbox of Sec— 4.131; P a r a g 9,of the Zoning . . _ By Law so as to permit. . . . .an.d. .Sec.. . . . . 4 11 1 leasing space to "Palaestra Gymnasties- Academy'.' 1 in an Industrial 1 district as "NIacx�'of3�szbhoo-_ . . . . . . . . . . . . . . . . or private school for profit". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. . .70 Flagship-Drive. . . . . . . . . B er of the !L�dC AppealFra c Seriairp Publish in N. A. Citizen on IM 12 and 4F 19, 1990 Bill to: Marasco Nominee Trust, 70 Flagship Drive North Andover, 01845 • r OF NORrf,,� o m 9 sSACHU`�� TOWN OF NORTH ANDOVER MASSACHUSETTS i BOARD OF APPEALS October 15, 1990 Attorney J. Hyde 90 Main Street Andover, MA 01810 i Dear Attorney Hyde: Per our telephone conversation of this morning, I am sending a copy of the Marasco Mgmt Company decision, #109-89, as you requested. If you need any other information, please let us know. Sincerely, I BOARD OF APPEALS Frank S io, JrV' Chairman encl. /awt TOWN OF NORTH ANDOVER MASSACHUSETTS I BOARD OF APPEALS * I * Marasco Mgmt Company* Petition: #109-89 70 Flagship Drive * DECISION N. Andover, MA 01845* Tile Board of Appeals held a public hearing on Tuesday evening, May 1 , 1990 upon the application of Marasco Management Company requesting a Special Permit under Section 4.11, Paragraph 1 and Section 4.131.1, Paragraph 9 of the Zoning Bylaws so as to permit leasing space to "Palaestra Gymnastics Academy" in an Industrial 1 district as "Non-profit school or private school for profit" on the premises located at 70 Flagship Drive. The following members were present and voting: Frank Serlo, Jr. , Chairman, Augustine Nickerson, Clerk Walter Soule, Raymond Vivenzio and Louis Rissin. The hearing was advertised in the North Andover Citizen on April 12, 1990 and April 19, 1990 and all abutters were notified by regular mail. Upon a motion made by Mr. Nickerson and seconded by Mr. Soule, the Board voted to DENY the Special Permits as requested. Vote was as follows: Denial; Mr. Nickerson, Mr. Soule, Mr. Vivenzio and Mr. Rissin. In favor; Mr. Serio. The Board finds that the location is inappropriate for the safety of young children(ages 2-8) because of the close proximity to the toxic and hazardous chemicals that potentially could be used on the first floor of the building in question, and also the close proximity of the location to other chemical businesses in nearby buildlnl;s in the same complex, e.g, lawn care chemicals and printed circuit boards. The Board feels strongly that an industrial park is not an appropriate location for the proposed use, and the potential for serious hazard to very young children exists. Such proposal is clearly not in Harmony with the general purpose and intent of the Bylaw. The Board finds that the petitioner has failed to satisfy the provisions of Section 1.0, Paragraph 10.3 of the Zoning Bylaws and the denying of these Special Permits is for the safety of the children who would be students at the location requested. Dated this 7th day of May, 1990 BOARD OF APPEALS Frank Serio, J . Chairman /awt NpR T1{ 0 s ' r ♦ i �l r ,SSAC HUS�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ► X990 Date:Q ' Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals . Kindly submit $ J Q for the following: Filing Fee $ Postage $ 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. j Sincerely, BOARD OF APPEALS Audrey W. Taylor, Clerk '\ / April 11 , 1990 . Mr .. Robert Nicetta Zoning Inspector � Town of North Andover Mai" Street ' ' North Andover , MA 10845 ' Dear Mr. Nicetta, Please consider this e�£orma1i ��d com�����t ag�� nst th�� � J.I xdustri al abutters of our resi denti el l y-zonpd properti em. T!l� deterioration of the natural buffer arra , combined wikh th'� reduced foliage of winter and spring have compelled us to request your intervention in amylio/ ating Khe unsighLl / ' conditions of neglect. ' 'Speci fi cal l y , we object to debri F , large and smal l� 'blowing from the unprotected dumpsters or parking ar �as ~our� lawns. The management of L| /r building that hmses Paul 4. Williams regularly permits cars which appear to be out of) Commi ssi on to be stored on their parking lot. They Allow ` parking against the buffer zone, and L|.ere is every i /.dicpti ' f-11 th e west side of the bui ] ding is intended to be uscd es ~7,� dumping ground for broken wooden pallets. , Micromatics has been a conscirntisus neighbor , �s / acceptable to residential property ow/`ers as an ind"sLrial ' property can be. With construction dur; hn hylin soon , ne �opr the / company and the Town will ccntinuc to be alept FO that potential noise and trash will he mininjzod, - The grave concern of this enLire neighborhood has been repqatedly expressed regardin] the yet unsren , huL inpvitaH � hazards associated with the [i.emlaw/` |mildjng on Flagship Drive. While it is our that the inLerirr of t| .o building is regularly inspected , it in wiLh the conditions � L the rear of the building tha| w'' are mn�& uocmofcrt'4`] r' Barrels are sbored therp, 1o,pi i,'/| v .0 r`p ily While children have generally rqsperic'| pi "party li / 'us, ' /c dread the possibility of a fuL'/re catastrophe. As the war.,'er weather approaches, we ar, curtain , agzin , to see th,se chemical -laden trucks hosed do,H in ||`r p n'}ing are"' Undoubtedly , over time, this ir/ esppnvi /. | � in higher concentrations of chemir a] s t|`a/� the comp*ny its'`lf ' | would recommend. I| /{ 11 ! ���� 8 � kJ0n i n�'m " , / ' I . . r We 'ftee'1. certain I:.h);lI;: s1.!.1:::Il violationF of siI?)I::),I.+7i' !::u"' 'I r::1m'tr co(::I(=s of neighborly decnncv r.ii::i'rr:':' Hot thQ I I.r r•.:: IjI L. original fevC . o )e , - i nor ( f _h - I ! 1 Lr ( : : that e ' ] ; : I .; I t ('.:Ir=.'c:nt.:ed I::.I'Ie permits to build, We have c. e.4ur ' ':-'"')I..r f:I. !::ren!:.. that ., k l.Al_)f. n inspection , you wi .L1. <:gr"pe4? l:.lfiil Kh' Q ri)l..11::ll.al ]. I")tei.`I'"F._` :ks C:'fl G lr)tl l':.I')e:� .1_c:)%•�r') ,, 4::1")(:;� residents, and L..I-�+. - (.:;l'I i�.::�r c (.:r r��I::� ;�.s r.i. (:':��::; c.,n f_1.a g s::>h):i. p Drive will be bust s�r , (::d by normal etkunLiun L(::) � t:.hi e appearance ::r n(::I safety of these industrial properti2s. F . ........... 6 i R .. .............................................. 17s ; .._................_..........................._..... __..............................................._..............._..............._... ... �� 1 1')c: c:)(::I(::)r..c_: -Iadd:: (J I::.rir'r (9 I"1r:i. a ) E,r•i. v c:: f;`;' I I::>.I 'i. ::.r r (:i IJ. ;, , c � NORrM q p ettc°. 6 tip ` r 1 .>.- ��.y pO°n°wvygh* SSACNUSE� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS MEMORANDUM BOARD MEMBERS TO: Augustine Nickerson, Walter Soule, Raymond Vivenzio and Louis Rissin FROM: Frank Serio, Jr. , Chairman RE: Special Meeting - reconsideration of Maresco decision DATE: May 15,1990 Just a reminder that there will be a Special Meeting on Friday evening,CMay_18, ; C-100-In the Selectmen's Meeting Room on the reconsideration of the Maresco decision. The meeting opens at 7:00 p,m. Please plan to attend. /awt 7 {I` I OF JA �� " O Y d ail`-' Z ' i S�nC HIDE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS MEMORANDUM BOARD MEMBERS TO: Augustine Nickerson, Walter Soule, Raymond Vivenzio and Louis Rissin FROM: Frank Serio, Jr. , Chairman RE: Special Meeting - reconsideration of Maresco decision DATE: May 15,1990 Just a reminder that there will be a Special Meeting on Friday evening, May 18, 1990 in the Selectmen's Meeting Room on the reconsideration of the Maresco decision. The meeting in g opensens at 7.00 Pm. Please plan to attend. /awt NORTH OF `1O ,n 9HO 1� y4t 1 OL �Ey 0 41 ��SSAc Nus���y TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Marasco Mgmt Company 70 Flagship Drive North Andover, MA 01845 RE: Request for reconsideration of Petition X1109-89 Attention: Patrick V. Marasco Dear Mr. Marasco: The Board of Appeals held a Special Meeting on Friday evening, May 19, 1990 upon your request for a reconsideration of Petition #109-89 with the following members present and voting: Frank Serio, Jr. , Chairman, Augustine Nickerson, Clerk, Walter Soule, Raymond Vivenzio and Louis Rissin. Upon a motion made by Mr. Soule and seconded by Mr. Serio, the Board voted to DENY this request for reconsideration by the following vote: In favor of reconsideration - Mr. Serio, opposed to reconsideration - Mr. Nickerson, Mr. Soule, Mr. Vivenzio and Mr. Rissin. In compliance with the MA General Laws, Chap. 40A, Section 8 and Article IV, ' + Section 3 of the ZBA Rules and Regulations, the Board finds- there is no change in the .conditions presented at the first public hearing and the vote remains the same. Enclosed please find a copy of Section 17 of the MA General Laws for your information. f Sincerely, -� BOARD OF APPEALS Frank Serio, Jr. a Chairman /awt <J G /~�� ,.,f. � �r--y' c �JN1 y � -�/c .� �j,�.-,c T j' pg�'•>r�w s!S;, e' ."r:- ( } t ,* 'e-�'t�' rY'�,�`7_*;a�<•r —a __, .«.., .f '.r ti.. vh.�'rYt?.'1 ba l,v � I;"1..:. 9a: .,y„ 0„, I �tx!'��.w�w.�w�f"x':';• ".''.. .- ;,, -' y. .. .r ',. .I.` I, SECTION 17. Appeal a . Any person aggrieved by a decision of the board of I appeals or any special permit granting authority or by the failure of the board of appeals to take final action concerning any appeal, application or Petition within the required time or by the failure of any special permit granting authority to take final action concerning any application for a special permit within the required time whether or not previously a party to the Proceeding, or any municipal officer or board may appeal to the superior court department in which the land concerned is situated or, if the land is situated in Hampden county, either to said superior court department or to the division of the housing court department for said county, or to the land court department, or to the division of the district court department within whose jurisdiction the land is situated except in Hangxden county, by bringing an action within 20 D�y Appeal Plod minty days after the decision has been filed in the office of the city or town clerk. If said appeal is made to said division of the district court department, any Party shall have the right ' to file a claim for trial of said appeal in the superior court department within twe-nty_five days after service on the appeal is ccanpleted, subject Ccarplaint to such rules as the supreme judicial court may Prescribe. Notice of the action with a copy of the canplaint shall be given to such city or town clerk so as to be received within such twenty days. The ccMplaint shall allege that the decision exceeds the authority of the board or authority, and any facts pertinent to the issue, and shall contain a prayer that the decision be annulled. There shall be attached to the 'aTlaint a copy of the decision appealed from, bearing the date of filing thereof, certified by the city or town clerk with whm the decision was filed. If the _-.--- - w. GCYTu1,31_i'It 1.S f,1-l6xd )"icy defendants, including the members of the board of `y + ' appeals or special permit granting authority and shall within twenty-one days after the entry of < the cc niplaint file with the clerk of the court an K. v't that such notice has been given. If no affidavit ,. such affidavit is filed within such time the , complaint shall be dismissed. No answer shall be "' required but an answer may be filed and notice of such filing with a copy of the answer and an affidavit of such notice given to all parties as provided above within seven days after the filing t k Y of the answer. other persons may be permitted to ti intervene, upon motion. The clerk of the court r shall give notice of the hearing as in other cases without jury, to all parties whether or not they have appeared. The court shall hear all evidence pertinent to the authority of the board or special - . I permit granting authority and determine the facts, ��, • {� and, upon the facts as so determined, annul such decision if found to exceed the authority of such board or special permit granting authority or make 'a such other decree as justice and equity may s The foregoing remedyshall be exclusive, rerequiure or of notwithstanding any defect of proced notice other than notice by publication, mailing or posting as required by this chapter, and the validity of any action shall not be questioned for natters relating to defects in procedure or of ;# notice in any other proceedings except with r` respect to such publication, mailing or posting by a 90 Day Statute of and then onlyproceeding ccnrenced within A. Limitation on Procedural ninety days after the decision has been filed in Defects the office of the city or town clerk, partes shall have all rights of appeal and . exception as in other equity cases. ' I I� t May 16 , 1990 Town of North Andover Zoning Board of Appeals 120 Main Street ~ North Andover , MA 01845 C= Dear Sirs : Pursuant to Massachusetts General Laws , chapter 40A, section 8,, Marasco Management Company , hereinafter referred to Petitioner , seeks an appeal of the Board of Appeals May 7 ,. 1990 decision ( Petition # 109-89 ) to deny a special permit under North Andover By-law Section 4 . 131 , Paragraph 9,. and Section 4 . 11 , Paragraph 1 for the premises located at 70 Flagship Drive . Petitioner seeks relief on the following grounds : 1 ) Denial of the special permit was arbitrary and capricious . a ) There is no evidence to support the Board ' s finding that the location is inappropriate for use because of the proximity of the potential use of chemicals on the first floor of "the building . Evidence supports a finding that the tenants on the first floor are currently in conformity with state and local regulations pertaining to chemicals . Therefore , the current uses are presumptively safe . b ) There is no evidence to support the Board ' s finding that the location is inappropriate because of the close proximity of the use to lawn care chemicals and printed circuit boards . These activities are not performed on the premises in question . The Town currently allows these uses . Therefore , these uses are presumptively safe . c ) There is no evidence to support the Board ' s feeling that the location is inappropriate . The industrial park currently supports many diverse uses , including uses providing services to children . d ) There is no evidence to support the Board ' s finding that the use is not in harmony with the general purpose or intent of the by-law . By right, schools , museums , and places of worship , for example , are allowed in an Industrial 1 District . The proposed use is either a permitted use or is in conformity with uses permitted under the by-law . page 2 . 2 ) Denial of the permit was improper . The decision was not based on the purpose of the by-law or M . G . L . chapter 40A . In addtion , the Petioner continues to assert that the permit does not require a 'special permit as it is a school properly allowed under Section 4 . 131 , Paragraph 5 . Petitioner appeals the denial of the special permit for the purpose of preserving any rights . Petitioner', however , asserts that the Building Inspector wrongfully denied issuance of a permit under Section 4 . 131 , Paragraph 5 , and Section 4 . 11 , Paragraph 1 for the premises located at 70 Flagship Drive . The Board failed to address the Petioner ' s appeal of the decision of the Building Inspector to deny issuance of a permit under the aforementioned sections . The proposed use is not a swimming and/or tennis club and/or indoor skating facility under Section 4 . 131 , Paragraph 9 . The Building Inspector and members of the Board of Appeals encouraged the Petioner to also file for a special permit under Paragraph 9 . The proposed use , however , is a private school for profit under Paragraph 5 which does not require a special permit. ( See attached application , page 4 ) The Board has not addressed Petioner ' s appeal under Section 10 . 4 . Respectfully submitted , Patrick V . Marasco Marasco Management Company 70 Flagship Drive North Andover , MA 01845 CC . Town Clerk , Town of North Andover Palaestra Gymnastics Academy D 11 \\A ����\{• TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Marasco Mgmt Company* Petition: 4/109-89 70 Flagship Drive N. Andover, MA 01845* DECISION The Board of Appeals held a public hearing on Tuesday evening, May 1, 1990 upon the application of Marasco Management Company requesting a Special Permit under Section 4.11, Paragraph 1 and Section 4.131.1, Paragraph 9 of t.Ne Zoning Bylaws so as to permit leasing �� space to "Palaestra Gymnastics Academy" in an Industrial 1 district as Non-profit school or private school for profit" on the premises located at 70 Flagship Drive. The following members were ':present and voting: Frank Serio, Jr. , Chairman, Augustine Nickerson, Clerk Walter Soule, Raymond Vivenzio and Louis Rissin. The hearing was advertised in the North Andover Citizen on April 12, 1990 and April 19, 1990 and all abutters were notified by regular mail. Upon a motion made by Mr. Nickerson and seconded by Mr. Soule, the Board voted to DENY the Special Permits as requested. Vote was as follows: Denial; Mr. Nickerson, Mr. Soule, Mr. Vivenzio and Mr. Rissin. In favor; Mr. Serio. The Board finds that the location is inappropriate for the safety of young children(ages 2-8) because of the close proximity to the toxic and hazardous chemicals that potentially could be used on the first floor of the building in question, and also the close proximity of the location to other chemical businesses in nearby buildings in the same complex, e.g, lawn care chemicals and printed circuit boards. The Board feels strongly that an industrial. park is not an appropriate location for the proposed use, and the potential for serious hazard to very young children exists. Such proposal is clearly not in harmony with the general purpose and intent of the Bylaw. The Board finds that the petitioner has failed .to satisfy the provisions of Section 10, , , Paragraph 10.3 of the Zoning Bylaws and the denying of these Special Permits is for the safety of the children who would be students at the location requested. Dated this 7th day of May, 1990 BOARD OF APPEALS Frank Serio, J Chairman /awt • ' � Received J by Town 0 -""---•-_._........_-_......__....__._._._. ._--_.. A erk: f r i r TOWN OF 11011'rif ANIX)vF:R, MAg •' SACT IUB E'1"1'S r BOARD OF APPEALS i r, APPLICATION FOR RELIEF FROM THE REQUI Ii{ML'N'1'S OF Tll �( f E ZOrrlNc ouulrrnucE APpl i can t� s 1• Application is hemade; -----be 1/f a a}�vDoVE> a) Fora variance MA ' 0149(/� and Table from the requirements of Section Of the Zoning By Laws , f'ara��raplr b) For a Special Permit under Sectiorrl'/s/ By Laws J ALSO paragrap)r of theZoningy//. -- c) As a Party Aggrieved, for review Building Inspector of a decision mach 1) i or other authority.ieY the a 2• a) Premises affected are land and bui iclin 7oF/.44SN/P_dIyE _ --- 9(s)__nuntt�crcd - b) Premis --per---- Street . es South affected are Property t+it.h (" Cront t7r_ ort thr: trorr.lt East ( ) Wes Street, and known as Nt o. ( ) stdc of F/AGSM/r DRJI�E ( ) �) 70 PXCmisCs affected are in 7oniny I)ir:krir_r_r- Strr_ct — affected have an area of _ trlrl r1v• -Lai -,_feet :fl-ire I. :Intl fClltl .til.. rtl 1 3. ownership a) Name and address of owner ( if joint owrtcrstri P,i yivc at names ) : AN 66 V c o Mn Date of Purchase OO l7p�____-Previous owner AIDAINEW�v/L61N6 b) If applicant is not owner, check Iris/her interest in the !remises: _ _Prospective Purchaser Lesce Othcr (explain) 44 Size', of proposed building: [rout; " .Heights_stories; feet (leop; feet. a) Approximate date of erection: b) Occupancy ---_---- P y or use of each floor: i -------------- C.) Type of construction: • i 5. Size of existin ------ Heightg building: feet front : stories; 3oT-jeCt it 0 -fcCt (SECON>l, P1�R y Zo S.F, o a) Approximate date of election: N FRONT OFr3ujj_bj" ,,� 13Ss b) Occupancy or use of each floor:_GFF10_E c) Type of construction: —� • �- Has there been a Previous aPpcaL , antler If so, when? zoning, on flu ::q pr,,,,,i .:,•::7 �_ " • I LIST OF P11RTILS OF. ltll LHLL'1• I I i l07 FLAP $ � ' PARCEL � NAt•IC I Juow Se4�h Condo ;,ul�l 1;::`' /�JSoC, �,(Q�u�enoe ( oNS •?68/1a/e,• -- ' ��- J�rr ,4 GL�vS d:AAgjaIlex Jlq /��,3UX /oZ/ CA�CL/SG1° olYs✓S � /lo vL c Ts 60 7 ? w�,ev -- 0,r/7a No . /4n,de vEk LE/4,� /4 vAd UND • 7 � p o. Bax �• y/� �/�.s I l D U,5 /n/ EAC �' G L O It,E y (v ,�l�l�/ C� 8doef 141v PR Na -- ----- �o vE'P`L L4 10 4/0 . raj o L —_V , ,�A14 o vc,e I � 3 S, 0/704 - _D/FlS/� / £ L7- 2U A�• Ndd vE,P D/ ys o rvrrn/Pi rL,E S�- aeFRr ,o G4N . ; a'L ►'v s ,eE �• NDUVF_,� rl'J/r� DeS'�S ULA TDA CpMPIq/v /G FM 10,&V 7- i l -ription of relief sought on tliis petition See attached sheet Deed recorded in the Registry of DecJ in Oook C11q,p Land. Court Certificate Pio. t)ookl 02 krnyc . V;; he principal points upon which I base my application are as foLlows: must beistated in detail) Ss . See attached sheet: agree' to pay the filing fee, advertising in new.spaper, arid incidental ,xpenses* Signature at Petitior�crs :very application for action by the Uoard shall be made on a form approved y- the Board. These forms shall be furnished by the clerk 11poll rerluclt. 4 ny communication purporting to be an applic,1tion shall he treated as mere otice of- intention to seek relief until such time as it is made on the fficiaL application form. ALL information c,1l. lcd -for by th- form shall e furnished by the applicant in the manner 1�hr.rr_in;. prr.r;crit�� d . very-application shall be submitted with n list of "I'ar. tir• . In hich list shall - include .the petitioner, ab.uttcr owner,; of. t:lnd directly pposite on any public or private street or way, and ,hrlttr_-rn to the butters ;within' three hundred feet ( 300' ) of the prnprrty Lin- of the etitionerl as they appear • on the most recr_nt appl icaht^ liax lira, otwithstanding that the land of any such a n,cr is located in anothfer city r town, the Planning ©oard .of the city or town,. and the Planning [bard of ?.. very, abutting city or town. Every application shall be submitted with an application rharric co']t he amount, of $25.00. In addition, the petitionl-r sh:,iL ba rr-spon^lhlc or any and all costs involved in bringing the petition before tllr_ hoar d . •I! uch. costs shall include mailing and publication, but are not ticccosarily . imited to these. very application shall be submitted with a plan of. Inrid ipprnvnd by t11e oard.• No petition will be brought before the Board unless said titan 11,11 •een submitited. Copies of the Board's requirements rr,lardirlri pL,1nc, arc ttached 'he'reto or are available from the [bard of Appear upon request. 1 LIST OF LIAI['1'IES IN I11.1.1:1[G:;'1' Name Addrer;r I i i (use additional sheets i[ necessary) I. A ° i The Petitioner seeks to overturn the decision of the building inspector or in the alternative requests a Special Permit in accordance with Section 4.131 , Paragraph 9. All as more fully set forth below . The Petitioner wishes to lease to an entity entitled, "Palaestra Gymnastics Academy" . It is respectfully sumitted that the use is permitted in an Industrial I district as a matter of right in accordance with Paragraph 5, Section 4. 131 , "Non '-Profit School for Private School for Profit" . However , the building inspector has ruled that a Special Permit is required under Paragraph 9. If in fact a Special Permit is required, it is respectfully submitted that said use is appropriate, will not adversely affect the neighborhood and is in harmony with the general process and intent of this By-Law. I I it NORT►j 3?Oyt `ED /bq�O` A BOARD OF HEALTH O f 4 n # *Acs * 120 MAIN STREET 5 TEL: 682-6483 7 AOAiFO'PP" 9sS4C14US a o NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 r TO: Hoard Of Appeals FROM: Stephanie J. L. Foley RE: Gymnastic Academy at 70 Flagship Dr. DATE: May 19 1990 III --------------------------------------------------------------- This memo is based on a site visit that was held on May 11 1990 at the Paul B. Williams Building. All health concerns will need to be dealt with as follows: It is imperative that the Gabriel company be in compliance with Dept. of Environmental Protection requests. All safety issues addressed by the Fire and Building Dept. will a noted and conformed with. Si ly9 / eph ie J oley Heal Sa tarian I NORrH , 1 n NORTH ANDOVER FIRE DEPARTMENT * _ r CENTRAL FIRE HEADQUARTERS �'po^_11...x, 124 Main Street 9SsgcHusNorth Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department Tel. (508) 686-3812 To: Frank Serio, Chairman Zoning Board of Appeals From: Fire Chief Dolan Date: May 1, 1990 Relative to the request for a variance of Marasco Managment Company, the Fire Department has no opposition to the pro- posed gymnastic academy provided that the following safety requirements are met: 1 . That the town building inspector certify the occupancy load of the room to be used for the gymnastics attendance. 2. That the building inspector certify that there are adequate means of egress and that egress ways are sufficient enough to handle the number of students. 3 . Prior to any occupancy, Gabriel Consultants shall be in full compliance with SARA Title III regulations and shall have been inspected by Lt. Casale, Stephanie Foley, Health Agent and the State D.E.P. official. William V. Dolan, Fire Chief "SMOKE DETECTORS SAVE LIVES" .Gd po�o�o � o Promotional Distribution Systems April 20, 1990 Frank Serio Jr. Zoning Board of Appeals Town of North Andover 120 Main Street N. Andover, MA. 01845 Dear Mr Serio, We are and have been aware that there are chemicals used in the adjoining unit to ours at 70 Flagship Drive. It has been this way for the last 2.5 years that we have occupied this building. P.O.S.I. Systems does not feel that there is a hazard, health or otherwise, and would not have remained as a tenant if it were so. We hope this will help expedite your favorable response to the pending application. Sincerely, David J. Wade Treasurer, cc:james gordon don fountain karen nelson stephanie foley rob ert nacetti 70 Flagship Drive North Andover, MA 01845 • (508) 686-5775 II � 6 HOR iN �.'V_�FFICle OFA a Town Of 120 Main Street UILDING ' : e ,..:,,9 NORH ANDOVER North Andover 'T' CONSERVATION ;,'�:;;' • 9 M�ssachusetls 01845 HEALTH SS�CHU9E5 DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR March 30, 1990 MEMORANDUM TO: JAMES GORDON, TORN MANAGER FROM: KAREN NELSON` DIRE OR RE: PAUL B. WILLIAMS BUILDING, 70 FLAGSHIP DRIVE On March 28, 1990 Bob Nicetta, Chris Huntress and I met with the owners of the Paul B. Williams building on Flagship Drive and the prospective tenant, Mr. Lothrop to finalize the Division' s zoning interpretation which had been previously discussed over the past month. Mr. Lothrop runs a gymnastics program at his present location in North Andover and his lease terminates at the end of the month. His intentions are to relocate in the Flagship Industrial Park and occupy 4 , 000 square feet on the second floor of 70 Flagship Drive. The Building Inspector had informed the owners of the building (Paul Marasco) , that this use is only allowed by Special Permit to the Board of Appeals, permitted as a similar use, but requiring ZBA review. Mr. Nicetta informed them of this requirement in February 1990. At a follow up meeting in the Building Inspectors office, additional information was submitted by the Marasco's pertaining to the gymnastics use in his building. at is our opinion that a gymnasium for gymnastics instruction must comply with Section 4 . 131, 9': Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permitted with a Special Permit. ,and :Section 4 . 11, 1: � All other buildings and uses are hereb9' expressly prohibited except uses which are' similar in character to the permitted uses ` shall be treated as requiring a Special Permit. (to the Zoning Board of Appeal's) (ATTACHMENT A) � Paul B. Williams Building 70 Flagship Drive In this particular instance it is apparent that the owner of the building, the proposed tenant and his patrons are pressuring my staff to make an exception in this case and allow the use without the ZBA's review under the Special Permit provision. �It� is not only the opinion of the staff that a Special Permit is .needed, but of Town Counsel 's as well. Joel Bard stated that in no instance should the Town view a gymnastics school as a private school for profit, which is also allowed under Section 4 . 131 of the North Andover Zoning Bylaw without a Special Permit: Lastly, I would like to inform you that it is the Paul B. Williams Building where the Fire Chief, Building Inspector and Health Sanitarian responded to a complaint of a gas smell which turned out to be a chemical leak of a substance called Toluene. This chemical removes impurities from pet products which produced an improper chemical reaction and therefore the structure filled with fumes. It was necessary to involve DEP and the Town' s Emergency Response Team (ATTACHMENT B. ) The Marasco'-s have the appropriate applications to appear) .before the ZBA for a Special Permit. Staff will gladly assist them in filling out the form and bringing it through the review process. I believe it is important that you be aware of these discussions and remain abreast of any further developments regarding this issue. I am available to elaborate futher, if necessary. c R. Nicetta, Building Inspector C. Huntress, Town Planner F. Serio, JR. , Chr. ZBA SECTIUN7 4 BUILDINGS AND USES PERMITTED 4 . 1 District Use Regulations 4 . 11 General Provisions 1 . In the zoning districts above specified , the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land , buildings, or part thereof and uses accessory thereto are permitted . All other buildings and uses are hereby ex ressl --� - --� ------C- p _ _ y prohibited except uses which are similar in character_to_the permitted uses shall be treated as requiring a Special Permit ( 1985/ 26 ) I 2 . When a lot in one ownership is situated in part in the Town of North Andover and in part in an adjacent town or city, the provisions , regulations and restrictions of this Bylaw shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire, lot were situated therein . 3. When a zoning district boundary divides a lot or record on June 5 , 1972 in one ownership , all the zoning regulations set forth in this Zoninq Bylaw applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred ( 100 ) linear feet in depth ( at a right angle to such boundary ) into the lesser part by area of such lot so divided . 4 . Accessory uses , as defined herein , shall be on the same lot with the building of the owner or occupant, and shall be such as not to alter the character of the premises on which they are located nor impair the neighborhood. Sphere manufacturing of any kind is allowed as an accessory use , it shall be restricted to such light manufacturing is is incidental to a permitted use and where r-he product is custo_narily sold on the premises by the producer to the customer. 5 . No private or public ( 1895/ 20 ) way giving access to a building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district . 15 . Je d The sale of products raised as a result of the ! above uses on the subject land . 9. . Day Care Center by Special Permit 4. 131 Indl Tial 1 District 1 . Research and development facilities . 2 . Business , professional and other orfices . 3 . Retail and food uses shall be permitted it they are accessory to the principal use and are primarily intended to service the principal use . No more than ten percent ( 10% ) of the gross floor arra of the principal use may be devoted to accessory USe . Where there is more than one principal use each use may only have ten percent ( 10% ) of gross floor area (GFA ) c(evoted to any accessory use . ( Refer to Section 2 . 21 , Definition of Accessory Use Structure ) . ( 1987 / 25 ) 4 . Place of worship . 5 . Non-profit school or private school for profit . 6 . Public building ' or use and public service corporations . 7 . Medical center , clinic , or medical laboratory . 8 . Art gallery or museum . 9 . Swimming and/ or tennis clubs and/or i i i door ice skating facilities shall be permitt,_d with a :special Permit . 10 . Printing and reproduction . 11 . Helistop ( defined as a landing and take-ort place for a helicopter, but not including, facilities for storage or major repair of helicopters ) . :special Permit required . 12 . Light manufacturing , including manutEicturinq , fabrication , processing , finishing , assembly, packing , or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive , noxious , detrimental , or dangerous to surrounding areas or the town by reason of dust , smoke , fumes , odor , noise , vibration , light or other. adverse environmental etfect . sL. r INCIDENT INFORMATION WORM, SHEET 1. MUNICIPALITY I, C1ld'dum 3. TIME OF REPORT 2. ADDRESS 0 Date C� 161 90 Time /•3y A.M. 4. INCIDENT OCCURRED Date /(o YD • Timeg?'30 A.M.A0 5. PERSON WHO FIRST REPORTED INCIDENT Name ,Tel- No. , 6. OIL or HAZARDOUS MATERIAL SPILLED/RELEASED (Trade and Chemical names) a. Name(s) Ia{.__"_ b. Quantity released c. Physical form gid. Container type _41--e-A �e, e. Container capacity f. Note where applicable: tanker truck vessel railroad above-ground tank below-ground tank pipe, hose, etc. g- . Total number of samples obtained 7. BRIEF DESCRIPTION OF SPILL/RELE.ASE 'INCIDENT (Fire, waterways , fatalities, ill-effects y 8. NAMES OF RESPONSE PERSONNEL ON SCENE - Q,Qta( all�f 9 0 /:3o PK 9. IDENTIFICATION OF FACI,(LITY/CARRIER Name fil*doLA /�. �/� Truck Trailer No. Address tj -f' AaAe , Railroad Car No. Tel. No. 5+0$ - ql - 57go Origin/Shipper Agent/Contact Destination w r VA � a.22 1 1Received by Town CLerk: I � II1 1 'j• K ir � TOWN OF tJORTII ANDOVU, MASSACHUSETTS a. BOARD OF APPEALSv L { 1 A /'� . AaLICATION FOR RELIEF FROM THE REW11tEMEN'fS OF THE ZONING U[tUitJAUCE I 'z6 pplicantM")�Sco rvv �N� �SI Ac3c]rc.s 0 61,46SA/ty" DRAM NU ,01Q6VER- .41 pplication is hereby made: M4 Of 8�1s 1. a) For a variance from the requirements of Section 11aragraplr and Table of the Zoning By Laws . b) For a Special Permit under Sect iorY'/` 'Parag rapir 7 of the Zoning By Laws ALSO 'Y.1f. �• c). As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land--.-and building(s )__numbered 7O F/fl GfSN/P DR►y�__ _ Street. b) Premises affected are property with frontage on th.: north ( ) South (" East ( ) west ( ) side of FIALASI-fflo Street, and known as No. 70 Ejj hrZP D,eIy46 _ strect. e) Pxemiscs affected are in 7,oniny District=-j , and thr, affected have an arca ofB2 11// rquare Cosi nn,t lr nil ;i,l1• �t 1gl feet. 3. Ownership a) Name and address of owner (if joint ownership,) give all names ) : �1 sCa NQMrN FE T4I s•7t cQ/_ JuLT RP, A/VUVj66 MAof gra Date of Purchase Previous Owner JVID/VE NEW 9111 6MJ4 b) • If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesce other (explain) __ i 44 Size of proposed building:-----front;_ feet deep; ^ .Height stories; ___feet. a) Approximate date of erection:_______ b) occupancy or use of each c.) Type of construction: t `D. Size of existing building: Ccet Cront; yoZ-O feet icep; Hgight_ �'Zstories• J et. (SECONYL, FIOoK y,;_oe, S.F. o Fr-ONT OFMUILDING%� a) Approximate date of erection:��$s b) Occupancy or use of each floor: GFFI�I/WH•A9-rFMotkSF ' a) Type of construction:�i • G. Has there been a previous appcnl, urider zoning, on thc::n pr mr :�,s7 N If so, when7_____ i LIST OF PARTIES OF' Itt'I'G(tti�'1' If 1 mAP # PARCEL 4 NAME rIUUHI:JS _ _ 1 /07 G '7.2 _.o i O.ffNdOt/ER�JIIA . oJpys a3 ✓ .%rr 04,6(/:5 T A-0,16 0A /,2/ 0/'7y/ ? 79 ✓ 1%11 cR o M*riC PRo.DL c Ts do . P.0. 13oX/7A No . AAibQvrR MA D/ YS'" 7 7 ✓ ADW,4R QLeAeY f,4YIWD.-VD M. V/CuIVAS 6 9 //a L YOr m D yo 7 K oUS/n/ Req t rY vsT • T� o C R TowIES DR/ it/0• �4�/DoVoe 1112.4 40/pi/ y (v DW 2 4,,7-R,- /V NeZ eONd o _ ,2 A DQ NO hAjbovre , mn o logo S ✓ Eod eA E G. 4,44,6,14 7S fP-1 N ISR N0 , ,4N,60v,E,e, MR DIYCI S 47 ✓ 52-1.4 . Mo L s, elro 6, 3 N e w bR 1Vo.4Nb6v4e, M,4 o/ "/S / ✓ Feo "—ogi-ry Mills, D TrJJtly�/KE STAlp. Alybov,6e, M,4 of gqS a1 aL ✓ Wrr7LI R E UL19 TaR CoivJPi4n� • p 0. a o x dab !G FM ivl,�N T ST L�}W CC,M 1� o JYy� •,i J Description of relief sought on this Petition See attached sheet �: ------, �p T C , � rce� 7 Deed recorded in the .Registry of Dec1!; in Book L`1R P CL Land. Court Certificate No. Book ��Pnye . he principal' points upon which I base .my application are as foLlowa: must be,stated in detail) See 'dtfached sheet: i. agree to pay the f ' ing fee, advertising in newspaper, and incidental .xpenses* 1 _ _��✓_�---- - ; Signature o1 Peti tloijcr Z s :very application for action by the Board shall be made on a farm approved y. the Board. These forms shall be furninlie(i t)y the clerk upon request. ny communication purporting to be an application shall he trrnted as mere otice' of intention to seek relief untii such time as it is marls on tile , inn formatior:nurd for by t)v! form shall fficial application form. All .'t e furnished by the applicant in the manner r;hercin:. Prescr i t�r,l. r very-application shall be :submitted with a list of hick list shall •include .the petitioner, atnrtter ownere; or: Laird directly pposite on any public or private street or way, an,] al)rrttr.rs to the butters ;within' three hundred feet tho lir(-)[)(,rt-.y Line �E tlrc' etitioner' as they appear • on ttre most recent a1�Plicahl,i rt, Li!-.t, otwithstanding that the land of any such owner is located in anoth�sr city X town, the Planning Board-of the city or town,, and the Planning Board of very abutting city or town. Every application shall be submitted with an application charr]e cost in ; he amount' of $25.00. In addition, the petitioner aha 11 tic rrr:iron it�ic or any- and all costs involved in bringing the petition before uch,costs shall include mailing and publication, but are riot necessarily,• " I imited to these. very application shall be submitted with a plan of land aPt>rmed by the oard: No petition will be brought before tale 17oard unless Said plan has een submitted. Copies of the Doard' s rcgniremcnt. rc,tar.�ting plans arc ttached'hereto or are available from the Board of Appeals upon request. ;t i LIST OF PARTIES Itl It1'1'L'ttL`;'I' Name . Address i (use additional sheets if' necessary) i i The Petitioner seeks to overturn the decision of the building inspector or in the alternative requests a Special Permit in accordance with Section 4.131 , Paragraph 9. All as more fully set forth below. The Petitioner wishes to lease to an entity entitled, "Palaestra Gymnastics Academy" . It is respectfully sumitted that the use is permitted in an Industrial I district as a matter of right in accordance with Paragraph 5, Section 4.131, "Non-Profit School for Private School for Profit" . However , the building inspector has ruled that a Special Permit is required under Paragraph 9. If in fact a Special Permit is required, it is respectfully submitted that said use is appropriate, will not adversely affect the neighborhood and is in harmony with the general process and intent of this By-Law. i i i i •' � � ., 4lwtry lYtf { IeAN M + { 1 �a' �11fOl,Vt,•+:fll:rAl� GS r.... .,. �-E�• .5, fV A &.cosr SJif9-ft rNAws p ' '/,. .' ' ,i,' -' ', 'S°.>• . V?o.sox lir jN oN�S .r - . I' .•.. P.•j.f i , � [.A.f.13L trHq.017°/1 •� ' �� iA '• , �� !Awry{ I. "1rf A•NAf,( PA•Yrr3 J� .,,.. 1f~,�o ' t•. ,nta. r�lw d,r � .� Y u,°.. J�i�_ ;• : , •r`V%�j,'•f P.O.Bo% 111 _-_ _ ). E pJo.AMD.YE I,MA t►,,j1.t P �. {yap I .... _._ •"Jil / 1' 'L, LOWS r! ..• Bir.CMI:.Wr:c M.'R im 31 005 3 C1yP> 250 ► ,� �• ,: �. fay. >'• , � .`.�,, r�1 ; '„ •.,.' cr *10 ;• :. •sn►�o�niu»a �� ;�Lrl -�► ,. --f-+-Z SS — 1kOP1M�, J.{ �,� .t` �� /��� Y ,,� � `° � � � '� �,�+... ' I ,.. — i It. �..f�• we :'@WILY; . ib: .'c '` ,.�f ..",{ •�,,v. c l '. ,� � `. � ` ` „ . ..> -� r;• .•:, ��' ,+ � �-��. '��, iib;', =:�. -;RIALS - �•.,� ' �. � 1 ` i' *02 jib.W4{L M\A*-AL y ,� -LONG./�IAIr11NG 11htL �� l •.r � 1 ,,r. ,Na`�, *41•1�•0.Cc,M�4: NWL'JJ,�N" \9 ��'31 .� �IB f;flrlF•lA.filta"L•. j�1• .. .+� � �' �..v.'• l ` . 111. ..-- �R►.vn-� ,�• •�. - , ••.� •+r r,. ��. STRUCTUR'E� ENGKIN •.�..• �., •4418o,c- ' � I z t y,rr -4'}Cyl7'O.C• Y ./° r .... . r, f'S - .. J 1 i ' ,j t.:,,•,a •':�a..` 'r' . . ''�167 Shots Noub b6)'Na{Ir.11; = 7. PAUL BL WM.LIAMS-'N C-'f- F :"nof JJ Ic+A. \ `i}ais'o.c. Q LNOOVEA �I I':oOV PA57 .6 mhiL ' M �—'4a Ja N w . '� PLAN 0 R LAND NO . ANDOV e 2P 4P vp j i7Ar` 160P SCALE: 1 40' DATE: APRIL 9, 1985 HAYES ENGINEERING INC. 603SALEM STREET CIVIL ENGINEERS 6 ^►�-, WAKEFIELD. MASS. 01880 LAND SURVEYORS v� TEL. 617-246-2800 1 I CERTIFY THAT THIS FOUNDATION IS c LOCATE ON THE GROUND AS SHOWN AND THAT NF 7fINTNF� al'tTilA ]TNF..Tn�M�_f1F,N�`I1r.5 VF�y T FIIGTNCO; r;:RTTFV 5. TT F`f1tJFfiRMC Tf1 T Vi. lir5�. �o''VV ' i. N 1 i , ' irk ¢' Yi b • .. . '4 i1 i'\ 158-.51 f1AbsMiP oc n s P 48 F 4 P b S $ .p. LOT (s F a .kl i e.. '' ''a e� .i b, .Kx F 5 i 1 i 5� ..ytt"3• 1. 4z 'z, DE* FQ4lii� t4 , ,, �n_,.��sr:. "„'+ �:r..e..a+::4.. '-'`,..:�' v. '•'.�...,._.c.. ..._.:3i,�..:.-wca�..,..z.:-.,:.,1s. !.,. -..._.x+ .. y ._.,. ._..�'�._... ___.. __....._ .. h . � 'v,:H1�� 4 05 .4 5 4 13 12 , K fi 5S m x'e s Ck''y� � ti r . 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ANDOVER• - AORTH qti f O SSACeHU5'( TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Ms. Cathy Needham 13 High Street Andover, MA 01810 RE: MARASCO MANAGEMENT COMPANY Dear Ms. Needham: As per our telephone converation of last week, I am enclosing copies of the decision, letters and memos that are in the Marasco file. The minutes are not done as yet, but I will send you a copy as soon as they are approved by my Board. The Town has a policy of charging .25C per copy, so I would appreciate your sending a check for $3.75 to this office. Thank you. Sincerely, BOARD OF APPEALS w. 1 v Audrey W Taylor Secretar Enc. /awt