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Legal Notice
TOWN OF
NORTH ANDOVER' y'
BOARD OF APPEALS`r_•.w
NOTICE
f HOR7#y •_"'"
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��SSRCHU �� V
— May 24, 1983`
Notice is hereby given that the,
Board of Appeals will give •a
hearing at the Town Building,
North Andover; on Tuesday
evening the 14th day of June,
1983, at 7:30 p m. to all parties
interested in the appeal of 114.
ASSOCIATES REALTY TRUST
requesting a . Special Permit
under Section 4, .Paragraph 4.11
(3) of the Zoning By Law so as to .
permit the extension of the zon-
ing use line into the smaller por-
tion of the --lot on premises
located' at the South " side of
Turnpike Street at the -intersec-
tion of Chestnut Street, being
land zoned 1-1 and R-2.
By Order of the 'Board of Ap. ;l
peals.
Frank Serio; J'
. " Chairrr
Publish N.A. Citizen: Ma'
and June 2, 1983 - K1
May 24, 1983
Ile
Notice is reby given that the Board of Appeals will give a
I A
heating at the Town Buieding, North Andover, on Tuesday evening,
the 14th day of June, 1983 at 7:30 p.m. to all parties interested
in tie appeal of 114 ASSOCIATES REALTY TRUST requesting a Special
Permit under Section 4, Paragraph 4.11 (3) of the Zoning By Law
so as to permit the extension of the zoning use line into the
Smaller portion of the lot on premises located at the South side
of Turnpike Street at the intersection of Chestnut Street,- being
land zoned 1-1 and R-2.
By Order of the Board of Appeals
By: Frank Serio, Jr., Chairman
Publish: North Andover Citizen: May 26 and June 2, 1983
Send will to: 114 Associates Realty Trust
2 Elm Square
Andover, Mass. 01810
A. M. O
Date Time P.M. o
WHILE YOU WERE OUT
M
Phone
Area Code Number Extension
TELEPHONED F PLEASE CALL
CALLED TO SEE YOU j WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message
Operator
HX2 LITHO U.S.A.
1 \j
Del.
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JUN 28 1
os N'83
;•o apRTM, Any appeal shall be filed
within (20) days after the
< 0�� ".,,,Li" date of filing of this Notice
��s9s isas�`� in the Office of the Town
�► sgcriu�,,'
•••,.�•� Clerk.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date .....June. _?g., . 1.9$3......
Petition No..3 6 - '. 8 3 ... .. . ...... .
Date of Hearing. _ J u n e 14.,..l 9 8 3
Petition of ..... !� 1.4 . H.s. s o.0 7 d t e S. ................................................. .
` Premises affected L.a n d.. a.t.. C h.e s t.n u t.. a n.d . Tu r n.p i k.e . S.t r. e.e t s ........... .
Referring to the above petition for a V#Aa't%h 4 ";feYjLtr6ihS bi .. Sp e e.i. a 1.. Per m i t
under Section. 4_,_ Par.. A.. 11 ..(.3)..of the:.Zo.ni n.g . By.. l-_aw.........
_ so as -to permit the_extensi_onof__a._z.oni ng._.use..I i.ne. J.nto.. t.he. s.mal 1e.r__
p.ort.i.on. .of .a. 1ot.. .. ........................
After a public hearing given on the above date, the Board of Appea voted to :;i) E`1'Y. r .the
S p e ..i. a 1.. P .... i t ..... �dxh�xet y x Ah�o'ti2% )tha. dbig xlx�speetbx �asst�ec Ax
iactxx......... . . ...................... ...... ........ .
Fot �kac �otus��ionxof eke; g>a�ove �tor�, �aserixupoxi �tlzecf��o:�ngc oonditnoasc
Signed
Frank. Seri o., J.r...,..Ch.ai r.man.........
Al fre.d . E... Fr i z.e11.e ,..Es q..., ..V.i c.e . Cha i rman
Wi.l 1 i.am..J .. Sul.l.i v.an............... .
Augus.ti n.e . W._ . N.i.ck.ers.on.. ....... .
1-laurice .S...Fo.ul.ds....... ....... ..
Board of Appeals
lecei by T_own Clerk: 3?�•' `":'�"o
_ o
)ate- _ r5pT&W-5 OF NORTH ANDOVER, MASSACHUSETTS
�1 - R_O X BOARD OF APPEALS �•b;-=,;;��/{
0:51rcle' Ef ii s appl i cation must be typewritten
APPLICATIO�NfM 470- ROM THE REQUIREMENTS OF THE ZONING ORDINANCE
�pplicant114 ASSOCIATES REALTY TRUST Address
Application is hereby made
ELM
(a) For a variance from the requirements of Section, Paragraph
and Table of the Zoning By -Laws.
(b) For a Special Permit under Section 4.11 Paragraph (3) of the
Zoning By -Laws.
(c) As a party aggrieved, for review of a decision made by the Building
Inspector or other authority. ,
(a) Premises affected are land (x) and building(s) numbered
CHESTNUT AND TURNPIKE Street. f
(b) Premises affected are property with frontage on the North ( )
South (X ) East ( ) West ( ) side of TURNPIKE STREET AT THE
RtKERX4XXXXXXXXXMXXXXXt . INTERSECTION OF CHESTNUT S.t r e e t ..
(c) Premises affected are in Zoning Districts -1 R-2 , and the premises
affected have an area of 8 ACRES _>5XKXNXXX5and frontage of
216 L.F. XXXXXXXfgg?XALONG TURNPIKE STREET AND 425 L.F. ALONG
CHESTNUT STREET.
Ownership
(a) i4ame and address of owner (if joint ownership, give all names):
BENJAMIN C. OSGOOD, ROBERT WEBSTER, TRUSTEES
114 ASSOCIATES REALTY TRUST U D T 12/10/81 B 1551 p_112
Date of purchase FEB. 14,1983 Previous- Owner, T_D_6T_ C'.nRP ANnnVFR MA T
(b) If applicant is not owner, check his interest in the premises:
Prospective Purchaser Lesee Other (explain)
Size of proposed building: front; feet deep;
Height: stories; feet.
(a) Approximate date of erection:
(b) Occupancy or use of each floor:
(c) Type of construction:
Size of existing building: feet front;
Height: stories; feet. -
( a ) Approximate date of erection:_
(b) Occupancy or use of each floor:
(c) Type of construction:
feet deep;
Has there been a previous appeal, under zoning, on these premises? NO
If so, when? NOT FOR THIS PURPOSE
Description of relief sought on this petition TO EXTEND THE ZONNING USE LTNE
AS ALLONED IN SECTION 4.11 100' INTO THE SMALLER PORTTnN nF TUF LnT
Deed recorded in the Registry of Deeds in Book 1645 Page 190 or
Land'slrourt Certificate No. Book Page
'p_
The principal points upon which I base my application are as follows:
(Must be stated in detail)
1. THE ZONNING LINE AS IT PRESENTELY APPEARS SEVER�LY•RESTRICTS THE USE
FOR ANY PURPOSE ON A LARGE PORTION OF THIS LOT.
2. TO -ENCOURAGE ADDITIONAL RESIDENTIAL USE IMMEDIATELY -ADJACENT TO THIS
INDUSTRIAL AREA WOULD NOT BE GOOD PLANNING.
3,.= A LARGER THAN OTHERWISE BUFFER ZONE BETWEEN INDUSTRIAL AND RESIDENTIAL
USES WILL BE CREATED.
4. THE BOARD HAS GRANTED SIMILAR PERMIT ALONG THIS ZONNING LINE.
I agree to pay for advertising in newspaper and.i.ncidental_,exp.en.ses*
Petitioner's Signature
Sec. 1 APPLICATION FORM
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 in-
formation called for by the form shall be furnished by the applicant ;
in the manner therein prescribed.
Every application shall be submitted with a list of "Parties 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 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 respon-
sible 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.
LIST OF PARTIES IN INTEREST
Name
Address
114 ASSOCIATES REALTY TRUST 2 ELM SQ. ANDOVER, MASS.
EDWARD & CLAIRE PHALEN. 931 ^1URNPIKE ST. NORTH ANDOVER, MA.
PETER & BRENDA PHALEN 834 CHESTNUT'STREET, NORTH ANDOVER, MA.
LOUIS G. FIORE 846 CHESTNUT STREET, NORTH ANDOVER, MA.
WILLIAM & ETHEL MOORE 835 CIiESTNUT STREET, NORTH ANDOVER, MA.
JAON M. GROVER 35 MARION DRIVE, NORTH ANDOVER, MA.
ELIA &MARY MOTTOLA 53 MARION DRIVE, NORTH ANDOVER,MA.
JERRY A GOLDL"UST BOX 121, CARLISLE, MA.
A.D.P. 405 Rt 3 CLIFTON, N.J. 07015
CAPRICON CORP. 805 TURNPIKE STREET, NORTH ANDOVER, MA.
BERNARD & HELEN KELLNER 920 TURNPIKE STREET, NORTH ANDOVER, M.A.
FP-kN, K` & FRANCIS GRESLICK-- 79-24ARIOII •DRIj7E, NORTH -AJ -DOVER, M -A
JOSEPH & GERTRUDE IANNAllA 66 MARION DRIVE, NORTH ANDOVER, M.A.
LOUIS & JOYCE BOWAB 44 MARION DRIVE, NORTH ANDOVER, MA.
H. & EVA MARIA WESTPHALEN 24 MARION DRIVE, NORTH ANDOVER,MA.
THO..AS & MARY. CRABTREE 857 CHESTNUT STREET, NORTH ANDOVER, MA.
CHARLS & 14AYLOD CARRELL 731 CHESTNUT STREET, FORTH ANDOVE , MA.
C,)44
(
jo��oz'
(U addi tional sheets if necessary)
_.
TOWN OF NORTH ANDOVER, MASSACHUSETTS
OFFICE OF
BOARD OF SELECTMEN
Karen Pomroy, Town Planner
Town Building
North Andover, Mass. 01845
Dear Karen:
TELEPHONE 682-6483
July 7, 1983.
The attached letter was sent to us from a Helen M. Rellner, 920
1hrnpike Street concerning a variance 'hearing relating to Rt. 114.
It seems that she could be confused as to the proper Board to
address her concerns so we are forwarding same to you for your
consideration.
Very truly. yours,
Board of Sete n
Charles A Sajisbury,
CAS : aml Chairman
Attachment
-` ABOARD bF SELECTMEN
NORTH ANDOVER TOWN HALL
MAIN STREET
NORTH ANDOVER, MA. 01845
JUNE 15th 1983
Dear Members of the Board,
It alarms me, that a variance hearing was held Tuesday
June 14th (which I attended)relating to Route #114
across from my home.
Perhaps you are aware of other Board meetings and al-
ready know a variance was requested so an industrial
development would be allowed,, -which would exit and
enter from #144, effecting my property and safety1 andall
Marion Drive homes abutting the area.
As you will recall, I attended your hearing this year
when I protested a guardrail installation closing
Chestnut Street at my driveway. It had been proposed by
the State for the added safety on accident prone #14.
Hillside Road traffic thru has been closed by barrells
and the proposal I mention at my place was defeated.
It bothers me to know plans for this variation
will probably be pursued again and the variance given
at some point of time.
Turnpike and Willow is being bulldozed right now and I
trust no more entrance and exits will be allowed onto
#114-.
You will recall that I stated at your hearing that the
real problem, in my opinion, was at Mill, #114, and Wil1w.
I stated I felt..we.were very near the need of a traffic lilgt
to regulate the traffic.
How can you help protect the concerned tax payers?
Sincerely,
6e ✓ �� S�
N0::!,tio Any appeal shall be filed
within (20) days after the
DY.f`.t..t:1�J
ii;.:. g' G ; — APRIL date of filing of this Notice
y + g,. 1555 q•,,
TO
� - F • 9 in the Office of the Town
r►SSgCHUS�
NO Uh
i , = ..� R Clerk.
}��'YYYK*�
,JUtTOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date ..... 4ne..?$-, . 1.9$3..... .
Petition No..3 67.. 8 3 ..............
Date of Hearing... J u n e .14 _,..19 8 3
Petition of ......11.4 . A.s. s o.c i a-te S .......................................................
Premises affected ..... L.a n d.. a t.. C h.e s t.n u t.. a n.d . T.0 r. n.p i k.e . S.t r. e.e t s ..................
Referring to the above petition fora biv .. s.p. e c i. a 1.. Per m i t
under Section. _4.,,.Pa.r... 4. 1.1..(.3)..of..the..Zo. n? n.g.0Y.1-.aw...................
so-as_to.-permit-- the exte.ns i.on..Qf..a . z.oni_ng..use..1 i.ne. J.nIQ . t.he. s.ma.l.1e.r.....
P.ort.i.on..of .a.Jot..............................:....................................
After a public hearing given on the above date, the Board of App voted to ... D.E N Y.... the
$.p e c.i. al. . Pe.rm i.t ................. xaidxh'txebgxa4A1Wri 9)thaa ding xThweigtox u xissxea xx
Pdactxtbx............................................................................:....
fot x�kec xotus��iox�xof x�iaex xhoa�e xvsaorhC, �axedxug�oac �tlxecfioblawdregc oa�a�tibasc
Signed
Frank..Se.ri o., . J.r.:.,..Ch.ai r.man.........
Al.fre.d.E....Fri z.ell.e,..Esq...,. Jc.e.Chairman
W fl.1 i.am..0 ...Su1.1.i v.an.................
Au.gus.ti n.e . W.... NAck.er. s.an...........
Mauri ce..S ...Fo-ul.ds................. .
Board of Appeals
JUN 2B l 09 N 93
pORTN
O`,,,a. ;.1'%Q
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F A
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Mr. Daniel Long, Town Clerk
Town Office Bbi1ding
120 Main Street
North Andover, Blass.
Dear Mr. Long:
Any appeal shall be filed
within (20) days after the
date of filing of this Notice
In the Office of the Town
Clerk. —
June 28, 1983
114 Associates
Land at Chestnut and
Turnpi ke Streets
Petition No. 36-'83
The Board of Appeals held a public hearing on Tuesday evening,
June 14, 1983 upon the application of 114 Associates. The hearing 0
was advertised in the North Andover Citizen on May 26 and June 2,
1983 and all abutters were notified by regular,mail. The following
effi-b e-rs w e -r e---p-r e -s -e n -t - a-n-d—v-o-t-i-n-T :- —F -r a -n -k S -e -r -i -o , J --r-. -C-has-gym-a- ;--- — -
Alfred E. Frizelle, Es'q., Vice Chairman; Will iI.m J. Sullivan;
Augustine W. Nickerson; and Maurice S. Foulds.
The petitioner seeks a Special Permit under Se tion 4, Par. 4.11
(3) of the Zoning By Law to allow the extension�of a zoning use
line into the smaller portion of a lot on prem is es located at
the South side of Turnpike Street at the intersection of Chestnut
Street, being land zoned I-1 and R-2. -
The petitioner testified through counsel that the parcel consists
of approximately 8 acres of industrial land and 2 acres of resi-
dential land. The petitioner wishes to use an additional 100 feet
of the area in the R-2 zone as industrial. The petitioner proposes
to develop the parcel with light i ndustri a-1 use. Access to the
parcel is proposed from Route 114 (Turnpike Street), but there is
also frontage on Chestnut Street which could also be used for access.
Several residents of the area spoke in opposition, citing the failure
of the petitioner to provide adequate information as to what type
of buildings or industries are planned for the site as their basis
for opposition.
. . 1
114 Associates
Petition No. 36-'83
June 28, 1983
Page 2
RE�r,'ILD
DAll
NOP --
�.� ER
joy
Upon a motion made by Mr. Foulds and seconded by Mr. Nickerson,
which was amended by Mr. Frizelle and.seconded by Mr. Foulds and
unanimously approved, the Board voted unanimously to deny the
Special Permit request for the reasons that the plans presented
to the Board do not meet the conditions of Section 10.31 of the
Zohi!ng By Law. Specifically, the plans did not show that the
site is an appropriate -location for such a use, since no use
was shown, so Section (a) cannot be complied with; that since
no use was shown, Section (b) could not be complied with which
states that the use as developed will not adversely affect the
neighborhood; that there be no nuisance to vehicles or pedestrians
could not be found;by the Board, since no use was shown, so
Section (c) could not be complied with; that the Board could not
make a finding that adequate and appropriate facilities would
be provided since no, use was shown, so Section (d) could not
be compleid,with; and Section (e) could not be complied with
shich states that the Special Permit Granting Authority shall
not grant any Special Permit unless they make a specific finding
that the use is in harmony with the general purpose and intent
of the Zoning By Law, since no use was shown.
j a
S- i -n c e re 1
BIDARD OF APPEALS
/
FrJank Serio, Jr.,
Chairman