Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 84 MAIN STREET 4/30/2018 (3)
(�1 � pdtLlT�� 11 U ��►n Y��� �T� � ra5� 6� 0000 Outs P4 �D 8(Dx rriconvi,A"UcWwftM Dace: ,- am-L2,..4.,�.r ,m�_i_f �pL��S�14� 'Q✓�VP.�n dt �i `i 9 Date TOWN. OF NORTH ANDOVER UILDING DEPARTMENT Building/Frame Permit Fee $° 7 Foundation Permit Fee $ Other Permit Fee $ Bddldin pector y ZBA 197 TOWN OF NORTH ANDOVER RECEIPT This certifies that ... To has paid ....... il .......a.. .. ..................... for... . ....... ....... Receivedby ............. 74.1 ............ o .......................................................... Department ................ -�- ...... ........A......................................................... WHITE: Applicant CANARY: Department PINK: Treasurer • • Date .............. TOWN OF NORTH ANDOVER RECEIPT This certifies that&41......!.......:.........��..rl.....�%� has paid ... k . J."7.... 6.0 ......... crk ................................. for....1$4... xf.r,.7?.y . ..................................................................... Receivedby ...................................................... Department.......... 7 '".6A ............................................................... WHITE: Applicant CANARY: Department PINK Treasurer Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2004 Pronertv at: 92 -RR MAn Ctreet NAME: Pacific Main Realty Trust, Albert P. HEARING(S): June 8 &September 21, Manzi, III, Trustee, P. O. Box 486, North 2004 Andover ADDRESS: 82-88 Main Street PETITION: 2004-014 North Andover, MA 01845 TYPING DATE: September 24, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, September 21, 2004 at 7:30 PM upon the application of Pacific Main Realty Trust, Albert P. Manzi, III, Trustee, P. O. Box 486, North Andover for premises at: 8248 Main Street, North Andover requesting dimensional Variance from Section 7, Paragraphs 7.2 for Street Frontage, 7.3 for relief of front and side setbacks, and Section 8.1 for relief from the required number of parking spaces, and Paragraph 8.1.7 for size of parking spaces and width of driveways in order to construct two (2) additional apartment units; and for a Special Permit from Section 9 and Paragraph 9.2 in order to extend pre-existing, non -conforming lot and structure by two (2) additional apartment units. Said premises affected is property with frontage on the North side of Main Street within the GB zoning district. The legal notice was published in the Eagle Tribune on May 24 & 31, 2004. The following members were present: John IVI. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers. The following non-voting members were present: Thomas D. Ippolito, Richard M. Vaillancourt, and David R. Webster. Upon a motion by Joseph D. LaGrasse and 2°d by John M Pallone, the Board voted to GRANT a Variance from Section 8. 1, Paragraph 8.1.2 for relief of four (4) parking spaces from the required 16 off-street parking spaces; and GRANT a Special Permit from Section 9, Paragraph 9.2 in order to extend a pre- existing, non -conforming structure on a non -conforming lot by two (2) additional apartment units per Variance Plan, 82-88 Main Street, North Andover, MA Assessors Map 29, Parcel 25, prepared for Pacific Realty Trust, Date: May 18, 2004, Rev. July 1, 2004 by James E. Franklin, P.L. S. #37045, New England Engineering Services, 60 Beechwood Drive, North Andover, MA. The above Variance Plan carries the following note: "Snow shall be removed from site when quantity becomes larger than capacity of Snow Storage Area.". Also, per Elevations sheet A2.1 & Proposed Third Floor Plan A1.3 Pacific Main Rea1t Trust, 82, 84, 86, 88 Main St., North Andover, MA date: 05-13-04 by Gregory P. Smith, Registered r :. Architect #8688, GSD Associates, 148 Main St. Bldg. A, North Andover, MA 01845. Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers. Pagel of 2 , N Lv Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 The Board finds that the applicant does not need dimensional relief from 7.2 and 7.3 because the footprint of the existing building will not change. The Board finds that the revised July 1, 2004 parking plan showing 9'x18' spaces, and 25' access width satisfies 8.1.7. The Board finds that the 11 off-street parking spaces will satisfy the requirements of 8.1.2 because the office tenants and the residential tenants of 82-88 Main Street need parking spaces at different times of the day. Therefore, the Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw, and satisfied the provisions of Section 9, Paragraph 9.2 of the Zoning Bylaw that such change, extension, or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore, if the rights authorized by the'Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Ellen P. McIntyre, hair Decision2004-014. M25P25. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover of NGRT#j Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 "SSACHUs% D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 8n` of June, 2004 at 7:30 PM to all parties interested in the appeal of Pacific Main Realty Trust, Albert P. Manzi, III, Trustee, P. O. Box 486, North Andover for premises at: 82-88 Main Street, North Andover requesting dimensional Variance from Section 7, Paragraphs 7.2 for Street Frontage, 7.3 for relief of front and side setbacks, and Section 8.1 for relief from the required number of parking spaces, and Paragraph 8.1.7 for size of parking spaces and width of driveways in order to construct two (2) additional apartment units-, and for a Special Permit from Section 9 and Paragraph 9.2 in order to extend pre-existing, non- conforming lot and structure by two (2) additional apartment units. Said premises affected is property with frontage on the North side of Main Street within the GB zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9.00 AM to 2.00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on May 24 & 31, 2004. Legalnotice 2004-014. Zoning Board of Appeals - Decision North Andover Hearing No.: 2004-014-8611 Date: August 29, 2008 APPLICATION TYPE: SUBMISSION DATE: Variance & Special Permit 5/13/2004 Applicant's Name: Owner's Name: NAME: PACIFIC MAIN REALTY TRUST & A P MANZ NAME: PACIFIC MAIN REALTY TRUST A P MANZI J ADDRESS: P O BOX 486 ADDRESS: P O BOX 486 TOWN: NORTH ANDOVER STATE: MA I ZIP CODE: 01845 TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Survevor's Name: STREET NO.: 84 MAIN STREET SITE ZONING: GB COMPANY NAME: TOWN: NORTH ANDOVER MA 01845 ACTION TAKEN: ADDRESS: MAP: 029.0 BLOCK: 0025 LOT: MAP DATE: SECTION OF BYLAW: 8.1: Off -Street Parking TOWN: STATE: ZIP CODE: Book: 5812 Page: 1122 PHONE NO.: FAX NO.: NATURE OF PROPOSED WORK: EMAIL ADDRESS: Variance from 7.1 for lot area, 8.1 for relief of 4 parking spaces where 16 off-street parking spaces are required & SP from 9.2 in order to extend the use of a pre-existing non -conforming structure on a non -conforming lot. HARDSHIP: CONDITION OF APPROVAL: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 5/11/2004 6/2/2004 9/21/2004 10/5/2004 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 5/24/2004 7/17/2004 9/21/2004 10/5/2004 10/1212004 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 5/24/2004 1 6/8/2004 9/21/2004 9/21/2004 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 5/31/2004 1 8/21/2004 8/21/2004 MEMBERS PRESENT: VOTE: MINUTES OF MEETING: GeoTMS® 2008 Des Lauriers Municipal Solutions, Inc. 4- 0 O m CL O •O 00 O O :O O +N -'N N a)- O o U- Wt T T W"D°(� Nim' 7 W 3 o c ay o stn Q° m N to _J m r r N Go c OOiN ILA ;T p CD Q. cc W mw --v) 0) <,r,o�U; a WU__ O 4- 0 O m CL t 00 O -wIa�E O I , N a)- O o U- W"D°(� Nim' 7 W =o;O.,oa3i! tF- : I� o c ay Q° r r N Go c OOiN ILA ;T p CD i W mw ocoa) o L) Q . O Q o o "" & 6 00 >, w tf U o Ax . U 0 LO CL Q r,o& . LnCL 03 U O o a� o w f0 Q _ b < LIfO ALOgi- M m O n C !, v Ec uma�NT % lu) O. Of 0 U .fn ' r tti O M 1�N§ N Cl) M v v -' O ` ca U Oco J �,tnQ�p m .. ;LL J = E O yN O O '. X N 4— I� H W O .� Hui d �mm t Q 200. O Z y LL C? Q N �_ Ln N 0' N coo 00 ~Q o o Z JI IL ,. LLI O -j w 0: ad °� > U Z fi k �N �Q —i IL Z X LU m� 0 CD m O 0 Q 3aQ'0n.Z c ¢L � O Q 4- 0 O m CL 00 M M ay r r & 6 00 C C J J >.� 0 O ' Z' Cl) M v v -' ca Q -o 3 Hui �mm t 200. N. LL pN'Q;0 ' IA Z yLO Ln " LO Z -:6 00 . X ' ', i t ,. 0 N N Q fi k �Ui;:00 c ¢L > m m m 00 co Lu U) O O O V qqlt " O V) 'Uro ria Z U j 'a f0- ca Z y.- �� CL�D m o N O S }�J-\ C) � U) w ' a O F 7_. ZOONO N w U) Im M. J M O LL — — —— v N 5, Urn m N Lu O Z h � LL O tC mOLO N N N U �a L_ O � _ U) _M M_ co M N 00000 c , O f o iti a U Y0 (n CN N M -,t U) 4- 0 O m CL a August 1, 2005 Ms. Ellen McIntyre, Chairman Zoning Board of Appeals Town of North Andover Osgood Street North Andover, MA 01845 RE: Request for extension for Variance and Special Permit Granted 9/21/04 Pacific Main Realty Trust 82-88 Main Street North Andover, MA Dear Ms. McIntyre: Pursuant to MGLA ch.40A section 10 Pacific Main Realty Trust hereby requests an extension of the Variance and Special Permit granted by the North Andover Board of Appeals September 21, 2004 and recorded at the Essex North Registry of Deeds Book 9131 Page 1, attached hereto and made part hereof. Thank your for your consideration with respect to this matter. Very truly yours, PACIFIC MAIN REALTY TRUST Albert P. Manzi Jr. Trustee DECE0y T AUG 4 -2005 CC: tty. Dominic J. Scalise BOARD DE APPEALS ..% X: BK L I P6 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street `% North Andover, Massachusetts 01845+���' D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner _ , Fax (978) 688-9542 Any appeal shall be filed Noda of Deebiow within (20) days after the Yew 2004 date of filing of this notice in the office of the Town Cleric. Pmperly at: VAN Mah NAME: PoeiAc Maio Realty Trait, Albert P.T Manzi, III, 'hustee, P. O. Banc 486, Andover MA 01 This is to ov* that bm* (m) dro have elapsed from dab d deoUton IM without filing of an sp cal o pe Date ,Joys A. 6mditw Tam Ghcic G-� Sind � n DA I'm 8 &September 2 '-; 204 � v: Z604-014 2004 The North Andover Board of Appeals held a public hearing at its regular meeting m the Sauer Canter, u 12OR Main SOCM North AndoMr, MA m T�reeday, Septengleir 21, 2004 at 7:30 PM upon the Of Paciiie Main Re*y Trent, Albert P. Manzi, III, Trustee, P. O. Box 486, North Andover piicapon for apThcatipremises at: 82-M Mair Street, Nath Andover re g �oml Vat9anoe fe om Secxion 7, for Sued Fromaga, 7.3 for relief osf fmml and aide setbacks, and Suction 8.1 fior rWOO from 7.2 toat>� arnstrtux � Paragraph 8.1.7 for size of packing spatxs and width of driveways in order () lulu; and for a Spacial Permit from Secbm 9 and Paragraph 9.2 im order to extuld Pte, non-conjormiag lot and sbtacture by two (2) additional Vmtment unite. Said premises affected is property with fiontap on the North side of Main SUM within the GB Zoning district TLe legal mom"'as P*hsbW in the Eagle Tn'brme on May 24 dt 31, 2004. Thr following members wen preset: John M Pdllooe, BOW P. Mc111110 r, Joaph D. L2Quse, and Richard J. Byers. The folbwiMg non-voting mambas were prescnot: Tholow D. Vadkmc ort, and David It. Webster. IPpa�, Richard M Upon a motion by Joseph D. LaGrasee and a by John M PdWM the Board voted to GRANT a Variarce from Section 8.1, Paragraph 8. 1.2 for relief of four (4) pgddM spaoea from the required 16 off-areg Pig sp M; ad GRANT a Special P*juk from SaCUM 9, parogmph 9.2 is order to extend a pro- non"OonfonmiWg shuctute on a non -conforming lot by two (2) additional aparUKW units per Variance Phu, 82-88 Maim Stroet, North Andover, MA AWCUM Map 29, parcoj- 25, prepared for Pacific RM4 Trost, Dote: Meg 18, 2004, Rev. July 1, 2004 by James E. F=klin, P.L.S. #37043, New England Engineering Services, 60 Boochwood Drier, North Andover, I+MA. The above Variance planComesthe following nae: "Snow shall be removed from site when quantity becomes large than capacity of Snow SWragr Atte.". Also, per Elevations tibM A2.1 R Proposed Third Floor Platt AI.3 Pacific Moria React Trust, 82,84,36- 88 Main St, North Andover, MA date: 03-13-04 by Gregory P. Smith Registered 7 Architect #8688, GSD Associates, 148 Main St Bid& A, North Andover, MA 01845. C- . 0 .= 0 C-1 A 4a w r Voting is favor: John M Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers. ATTEST: (_;' A True Copy Pagel oft - a.. Town Clerk Board of Appeals 978.688-9541 Building 97"99-9545 Conservation 978-C,8&9530 Heahh 97"99-9340 Planning 97"99-9535 �aORTM Town of;NormAndover of �t, . Office of the Zoning -,mOAd% eats � y Community Develo nit&W�Adi S%4 e�`Division , o Comm y p ,. Raymond Santilli, 400 Cls a Sys Argo Interim Community North Andover tf5�tts 11845 Development Director Telephone (978) 688-9541 August 18, 2005 Albert P. Manzi, Jr., Trustee Pacific Main Realty Trust P. O. Box 486 North Andover, Massachusetts 01845 RE: Pacific Main Realty Trust For premises at: 82-88 Main Street, North Andover, Massachusetts 01845 TOWN OF�fa: l NORTH Regarding your request for a six (6) month extension of your Variance: Fax (978) 688-9542 Please be advised that the Zoning Board of Appeals approved a six (6) month extension relative to the premises affected at 82-88 Main Street, North Andover, Massachusetts. The Zoning Board of Appeals voted to extend for a period of six -months the Variances granted by decision 2004- 014 on September 21, 2004 to and including March 22, 2006 during the regular August 9, 2005 meeting upon a motion by Richard J. Byers and 2°d by Thomas D. Ippolito. Mass. Gen. L., ch. 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise of such rights for a period not to exceed six months". Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, David W. Webster, and Thomas D. Ippolito. El en P. Mclntyre, air Zoning Board of Appeals cc: Town Clerk Domenic J. Scalise, Esq. ZBA file 2004-014. M29P25. Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 EMAIL djs@djscalise.com October 26, 2004 Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 RE: Pacific Main Realty Trust Albert P. Manzi, Trustee P.O. Box 486, North Andover, MA 01845 Dear Sir/Madam: Concerning the above captioned application for Special Permit and Variance, which was approved by the North Andover Zoning Board of Appeals on September 21, 2004, I enclose herewith the following: 1. A certified copy of the Zoning Board's Decision (Petition 2004-014) which was recorded at the North Essex Registry of Deeds on October 20, 2004 as Instrument No. 48879; 2. A certfied copy of the Variance Plan for 82-88 Main Street, North Andover, Massachusetts, which was recorded in the North Essex Registry of Deeds on October 20, 2004 as Plan No. 1491.4 (Lnstrument No. 48878), and 3. Copy of document recording receipt from the North Essex Registry of Deeds. DJS/cm Enclosures E C E O V E cc: Mr. Albert P. Manzi IIIQ(� 1�` 2 7 2004 BOARD Or APPEALS Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2004 Property at: 82-88 Main Street Telephone (978) 688-9541 Fax(978)688-9542 This is to certify that twenty (20) days have elapsed from date of declSion, filed without filing of an a al d4a Date � Joyce A. Bradshaw Town Clerk NAME: Pacific Main Realty Tract, Albert P. ., . HEARING(S): June 8 &September 2i Manzi, III, Trustee, P. O. Box 486, North 2004 Andover - ADDRESS: 82-88 Main Street PETITION: 2004-014 c; North Andover, MA 01845 TYPING DATE: September 24, 2004 t Ci The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, c" 120R Main Street, North Andover, MA on Tuesday, September 21, 2004 at 7:30 PM upon the application of Pacific Main Realty Trust, Albert P. Manzi, III, Trustee, P. O. Box 486, North Andover for premises at: 82-88 Main Street, North Andover requesting dimensional Variance from Section 7, Paragraphs 7.2 for Street Frontage, 7.3 for relief of front and side setbacks, and Section 8.1 for relief from the required number of parking spaces, and Paragraph 8.1.7 for size of parldng spaces and width of driveways in order to construct two (2) additional apartment units; and for a Special Permit from Section 9 and Paragraph 9.2 in order to extend pre-existing, non -conforming lot and structure by two (2) additional apartment units. Said premises affected is property with frontage on the North side of Main Street within the GB zoning district The legal notice was published in the Eagle Tnbune on May 24 & 31, 2004. The following members were present: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers. The following non-voting members were present: Thomas D. Ippolito, Richard M. Vaillancourt, and David R Webster. Upon a motion by Joseph D. LaGrasse and 2°1 by John M Pallone, the Board voted to GRANT a Variance from Section 8. 1, Paragraph 8. 1.2 for relief of four (4) parking spaces from the required 16 off-street parking spaces; and GRANT a Special Permit from Section 9, Paragraph 9.2 in order to extend a pre- existing, non -conforming structure on a non -conforming lot by two (2) additional apartment units per Variance Plan, 82-88 Main Street, North Andover, MA Assessors Map 29, Parcel 25, prepared for Pacific Realty Trust, Date: May 18, 2004, Rev. July 1, 2004 by James E. Franklin, P.L.S. #37045, New England Engineering Services, 60 Beechwood Drive, North Andover, MA The above Variance Plan carries the following note: "Snow shall be removed from site when quantity becomes larger than capacity of Snow Storage Area.". Also, per Elevations sheet A2.1 & Proposed Third Floor Plan A1.3 Pacific Main Reach Trust, 82, 84, 86, 88 Main St., North Andover, MA date: 05-13-04 by Gregory P. Smith, Registered r_ Architect #8688, GSD Associates, 148 Main St. Bldg. A, North Andover, MA 01845. - r Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers. ATTEST: A True Copy k n Clerk 2 7 2004 Pagel of 2 w w 0 co C6 J BOAR OF Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 APPEALS � � r yr Town of North Andover Qt "0 o" T4y Office of the Zoning Board of Appeals �� .' Community Development and Services Division 27 Charles Street "�°'9. North Andover, Massachusetts 01845 'ss�c►an� D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 The Board finds that the applicant does not need dimensional relief from 7.2 and 7.3 because the footprint of the existing building will not change. The Board finds that the revised July 1, 2004 parking plan showing 9'x18' spaces, and 25' access width satisfies 8.1.7. The. Board finds that the 11 off-street parking spaces will satisfy the requirements of 8. 1.2 because the office tenants and the residential tenants of 82-88 Main Street need parking spaces at different times of the day. Therefore, the Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw, and satisfied the provisions of Section 9, Paragraph 9.2 of the Zoning Bylaw that such change, extension, or alteration shall not be substantially more detrimental than the existing structure to the neighborhood Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commeyhced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, �. rJ Ellen P. McIntyre, Chair Decision2004-014. M25P25. Page 2 of 2 I Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-(,88-9530 Health 978-688-9540 Planning 978-688-9535 55 r § 7 2 v \ q [$ 2q � � �4 h BOARD OF APPEALS Essex North County Re%,y / Deeds ' . AICommon Street • .Lawrence, »»hG«G 01m0. 10/20/04 { ALBMT ANZI T ) # S &2 Type \PLAN 50. Oil DOC. 40078 C. P. 20.00 . R. & 100 . ° # 10 «2 Type +m 7.m . DOC. 48879 C. P. 2100 � ^ 00 0 ^ } . Total 150.0 . # 19 Amt Deck 150.0 `"+ YOU! Thomas \Burke . . G/#7 oDeeds § 7 2 v \ q [$ 2q � � �4 h BOARD OF APPEALS September 21, 2004 Ms. Ellen McIntyre, Chairman Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Request for Variance & Special Permit Pacific Main Realty Trust 82-88 Main Street North Andover, MA Dear Ms. McIntyre: As statutory abutters to the pending application, please be advised we reviewed the plans of the Pacific Main Realty Trust for 82-88 Main Street North Andover, MA. Upon reviewing the plans we are in favor of the petitioner's application to construct two residential units on the third floor of 82-88 Main Street. As abutters we see so adverse impact to neighborhood or the General Business Zone with respect to this application. Respectful) , J&M Realty Trust ! w % 1 2004 D BOARD OF APPEALS -d-,v4 - 01 y A a01 f ay Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Date Q TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax (9.8)688-9542 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a � e � C,-_SpeciALermi> Comprehensive Permit (40B) Finding for property located at: STREET: 'R'P-d'f "X1i91N MAP: Cj PARCEL: ll LL� TOWN: TO MEETING DATE(S): 9�•xi��� NAMEOF Signed: t,4jjVERAUG i0 ig01�41ga;978-688-9541 13uilding 978-688-9545 Conservalion 978-68X-95:30 11%!. h 978-688 �54i1 Plarming 97k -G88 BOARD OF APPEALS 1�Tn,r_ n r ,r Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9547 Fax (978) 688-9542 Date c`l u-jl y /� x� C-_ r - Please be advised that I have agreed to waive the time constraints for the North'` Andover Zoning Board of Appeals to make a decision regarding the granting of a > �7 =Compre ensive ermit (40B) Finding for property located at: STREET: d '- MAP: aaj PARCEL: 02 S TOWN: TO MEETING DATE(S): -ALJ90'r-t /0 -?gQy NAME OF PETITIONER:Yf►js'/ %M Z� # `f1 �r Signed: E C E O W O JUL 13 2004, WAIVER &'01 wfyj� BOARD OF APP ,peals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 l lealth 97;{-688-9540 Hamim,` 978.688-9; Boa � - 0 1Lf June 14, 2004 Mr. William Sullivan, Chairman Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Request for Variance & Special Permit Pacific Main Realty Trust 82-88 Main Street North Andover, MA Dear Mr. Sullivan: Please be advised Attorney Dominic J. Scalise has be retained by the Pacific Main Realty Trust with respect to the above pending applications. Very truly yours, PACIFIC MAIN REALTY TRUST Albert P. Manzi III, J.D. Trustee cc: Attorney Dominic J. Scalise OIJUN lbert P. Manzi Jr., Trustee 1 6 2004 -1- BOARD OF APPEALS Existing Parking Usage at 82-88 Main Street 8 -Jun -04 Exiting Residential Units Existing Commercial Units Total Units * Denotes Commercial Space Parking Spaces Available (Tandem) 01 q" 4 2 6 16 Proposed Parking Usage at 82-88 Main Street 8 -Jun -04 Proposed Residential Units 6 Existing Commercial Units 2 Total Units 8 * Denotes Commercial Space Proposed Parking New Layout 14 NUMBER NUMBER NUMBER Unit Number OF CARS OF OCCUPANTS OF BEDROOMS 82 1.00 1.00 3.00 84A* 1.00 1.00 - 84B 2.00 2.00 1.00 86A* 1.00 1.00 - 86B 1.00 1.00 2.00 88 3.00 3.00 3.00 Total 9.00 9.00 9.00 Proposed Parking Usage at 82-88 Main Street 8 -Jun -04 Proposed Residential Units 6 Existing Commercial Units 2 Total Units 8 * Denotes Commercial Space Proposed Parking New Layout 14 Explanatory Notes Occupant of Unit 86A Walks to Unit **Average Residential Car Parked Per Residential Unit **Average Number of Residential Occupants Per Residential Unit 12.50 as the Number of Occupants should be rounded to 13.0 in Proposed Parking Usage JUN BOARD Of- APPEAS NUMBER NUMBER NUMBER Unit Number OF CARS OF OCCUPANTS OF BEDROOMS 82 1.00 1.00 3.00 84A* 1.00 1.00 - 84B 2.00 2.00 1.00 86A* 1.00 1.00 - 86B 1.00 1.00 2.00 88 3.00 3.00 3.00 New Unit 1 ** 1.00 1.75 2.00 New Unit 2** 1.00 1.75 2.00 Total 11.00 12.50 13.00 Explanatory Notes Occupant of Unit 86A Walks to Unit **Average Residential Car Parked Per Residential Unit **Average Number of Residential Occupants Per Residential Unit 12.50 as the Number of Occupants should be rounded to 13.0 in Proposed Parking Usage JUN BOARD Of- APPEAS Existing Parking Usage at 82-88 Main Street 8 -Jun -04 Exiting Residential Units 4 Existing Commercial Units 2 Total Units 6 * Denotes Commercial Space Parking Spaces Available (Tandem) 16 Proposed Parking Usage at 82-88 Main Street 8 -Jun -04 Proposed Residential Units 6 Existing Commercial Units 2 Total Units 8 * Denotes Commercial Space Proposed Parking New Layout 14 NUMBER NUMBER NUMBER Unit Number OF CARS OF OCCUPANTS OF BEDROOMS 82 1.00 1.00 3.00 84A* 1.00 1.00 - 84B 2.00 2.00 1.00 86A* 1.00 1.00 - 86B 1.00 1.00 2.00 88 3.00 3.00 3.00 Total 9.00 9.00 9.00 Proposed Parking Usage at 82-88 Main Street 8 -Jun -04 Proposed Residential Units 6 Existing Commercial Units 2 Total Units 8 * Denotes Commercial Space Proposed Parking New Layout 14 Explanatory Notes Occupant of Unit 86A Walks to Unit **Average Residential Car Parked Per Residential Unit **Average Number of Residential Occupants Per Residential Unit 12.50 as the Number of Occupants should be rounded to 13.0 in Proposed Parking Usage JUN 6 '33$ BOARD Ur juJNF.rI$ NUMBER NUMBER NUMBER Unit Number OF CARS OF OCCUPANTS OF BEDROOMS 82 1.00 1.00 3.00 84A* 1.00 1.00 - 84B 2.00 2.00 1.00 86A* 1.00 1.00 - 86B 1.00 1.00 2.00 88 3.00 3.00 3.00 New Unit 1** 1.00 1.75 2.00 New Unit 2** 1.00 1.75 2.00 Total 11.00 12.50 13.00 Explanatory Notes Occupant of Unit 86A Walks to Unit **Average Residential Car Parked Per Residential Unit **Average Number of Residential Occupants Per Residential Unit 12.50 as the Number of Occupants should be rounded to 13.0 in Proposed Parking Usage JUN 6 '33$ BOARD Ur juJNF.rI$ Town of North Andover Office of the Zoning Board of Appealsi Community Development and Services Divis10T1 ¢N 27 Charles Street ? 1'H A l North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 M,,dhim(E 04) (i&9541 Z004 A Fax (978) 688-9542 Date a Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a , Variance Special Pe Comprehensive Permit (40B) Finding for property located at: STREET:. q a — `S MAP: A a•9 +'-ele PARCEL: ;l, � TOWN: Do%r4 rode( ,A TO MEETING DATE(S):I NAME OF PETITIONER:— Signed: - ;F P�fitioner (or petiti er's re resentative) IN E JUN 8 2004 IVER BOARD OF App FIs 978- 68&9541 Building 978-688-9545 Conservation 978-6X8-9530 Health 978-688-9540 Planning 978-68&953 i may,- 01 y' TOWN OF NORTH ANDOVER SPECIAL. PERMIT ZONING BOARD OF APPEALS NAME ADDRESS OF APPEAL Procedure &.Requirements for an Application for a Special Permit Ten (10) copies of the following information nrust be submitted thirty (30) days prior to the first publfc hearing. Failure to submit the required information wittkn the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete, The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede thein. The petitioner will complete items that are underlined. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM Petitioner completes an application form to petition the Board of Appeals for a Special Permit. AII_:information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office bD compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: µORTN S O cQ Sq QSSHCHUSE4 STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant fora hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the.legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by aro agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board. shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, .within twenty (20) days after the decision is filed with the Town Clerk. Petitioner submits one (1) original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS. of all the required information to the Town ClerWs Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original wall be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St., Lawrence MA, and shall complete the Certification Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of Appeals and the Building Department, _ -: IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 27 Charles Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 8 T Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department. D 978-688-9541 Zoning Board of Appeals Office MAY 3 2004 PAGE 1 of 4 BOARD OF APPEALS PAGE 2 OF 4 Date & Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 1. Petitioner: *Name, *Address and telephone number: ' Pacific Main Realty Trust, Albert P. Manzi III, Trustee PO Box 486 North Andover, MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: Albert P. Manzi Jr. Trustee Pacific Main Realty Trust, Albert P. Manzi III, Trustee PO -'Rix 486 North Andover, MA 01845 Years Owned Land: 3. Location of Property: a. Street: 82-88 Main Street Zoning District: General Business b. Assessors: Map Number 210-029 Lot Number: 0025 c. Registry of Deeds: Book Number 5 g 12 Page Number: 1 2 2 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. Including not limited to: Section 9.1, 9.2, General Business Zone Table.2 including but not limited to: Lot area; height, frontage, all set backs,,,lot coverage, section 7; _ r__ . Section �.1 parking. CJ ;, , *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request.- Relief equest: Relief from including but not limited to: Non -Conforming use alteration & extensic lot area height, frontage, nil cat harks, Int rnvPraaa ,p arki nZ r The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OFAPPEALS application for a SPECIAL PERMII 6A. Existing Lot(s): Lot Area Open Space Percent Lot 8 �q3 OFt. Sq. Ft. Coverage 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage Frontage Parking Feet 60+/— 1�aces Frontage Parking Feet Spaces 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent.Lot Fmntage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 7A. Existing Building(s): Minimum Lot Setback Front Side A � de B 25 25 Minimum Lot Setback Front Side A Side B Minimum Lot Setback From Side A Side B Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building" ofnits** Residential = 4 2,200 3 6,600 MixedResidential/office Office = 2 *Reference Uses from the Zoning Bylaws & Table 1. "*State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Budding* of. Units" *REf erence Uses from the Zoning Bylaws & Table 1. *"State number of units in building. -3?ar Rear Rear • 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form at the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Offices It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility_ The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result.in a dism'�a ' by the Zoning Board of this application as incomplete. Siqnature Type above names) here Albert P. Manzi III, Trustee Pacific Main Realty Trust Albert P. Manzi. Jr. Trustee PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGLA ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, 1-6, are required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in -harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the. Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/a conversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: I) five or more parking spaces, II) three (3) or more dwelling units, III) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of.a plan not to exceed 11"x17", preferred scale of 1'=40' II) One (1) Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Included On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. II) Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andaver - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 370) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► ► A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. 4 4 TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS NAME Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information m, st be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed -may result in a dismissal by the Zoning Board of an application as incomplete_ The"information herein is an abstract of more specific requirements listed in the.Zoning Board Rules and Regulations and is not meant to supersede them. The STEP 1: ADMINISTRATOR PERMIT DENIAL - The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT. APPLICATION FORM Petitioner completes an application form to pefition the Board of Appeals for a Special Permit. A k information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerac copies of all the required information to the Town Clerlds Office to be certified by the Town Clerk with the time and date of filing.. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. ttORTH 206 �+ `tb 6L O � 7 e �4ssq�►�5 `� STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the.legal notice to the local newspaper for publication. , STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in histher behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Boardshall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, .within twenty (20) days after the decision is filed with the -Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, Mylar, and any accompanying plans at the Essex County North Registry of Deeds, 381 Common St, Lawrence MA, and shall complete the Certification of Recording, form and forward it to the Zoning Board of Appeals and the Building Department. f _. -. ..,c,a-''�"a-� -3.'`.'t-�"hv�.s�-�� •i- �`�-.cr�a �'��"�, sem.- �, ry : �,�" k _�:�� -. '.> i5-Tdv-.°`_-�+.ai..�.�..{,,��' ,a,£-�._�t-k� �' �' T #� �� `�8 iia. � i ,,.a- ¥; �sa+ ..��i d�i� Y z3+� rz -� ;�-"rs[ca r� �. i2a` 'r !'z'� �d-�s��"�`��. -�.'' s.. 5�� s r�� -4 � a`•_Tx ''�' , IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 27 Charles Street c-, North Andover, MA 01845 978-688-9501 Town Clerk's Offci e� �a 978-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices n 978-688-9545 Building Department. ; o rn 978-688-9541 Zoning Board of Appeals Office i7 ' PAGE 1 of 4 Cj— PAGE 2 OF 4 Date & Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 1. Petitioner: *Name, *Address and telephone number: Pacific Main Realty Trust, Albert P. Manzilll. Trustee PO Box 486 North Andover MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: Pacific Main_ Realty Trust, Albert P. Manzi III, Trustee Albert P. Manzi Jr. Trustee POBOX 486 North Andover, MA 01845 Years Owned Land: July 2000 3. Location of Property: a. Street: 82-88 Main Street Zoning District: General Business b. Assessors: Map Number 210-029 Lot Number: 00 c. Registry of Deeds: Book Number 5812 Page Number: 122 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. Ralief.from including but not limited to Sections 9.1 & 9.2,alteration and extention of a pre-existing non -conforming structure *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the BukbV Commissioner. 5. Describe the Special Permit request Relief from including but not limited to an alteration or extension of.a. pre-existing non -conforming structure pursuant to 9.1 &9.2. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMII 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parkin S . Ft. Sq. F Co•^ve,�r �e g Minimum Lot Setback '% b -�_ % 6 t _ S� Frons Side A Side B Rear r — - —SZ 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback S i30 Sq. Ft. Coverage Feet Spaces Ford Side A Side B Rem N a �— % 6C. Required Lot: (As required. by Zoning Bylaws & Table 2)) Lot Area Open Space Percent.Lot Frontage Parkin Sq_Ft. Sq. F . Cn••^-ade .Feet g Minirteum Lot Setback j'-4- o00� _ % Spaces FrorY Side A Side B Rear 7A. Existing Building(s): • Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* Number �C3 ©of Units" *Reference Uses from thblIoning Bylaws & Table 1. 1�'v "State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Square feet Floors Sq. feet Building' Number a�O of Units rtn x�cQ GLoS�'cQQ�ufiY aOSIC� _ "Reference Uses fro Zoning Bylaws & Table 1. ""State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the offipal form of the Zoning Board of Appeals. application shall be filled with the Town Clerk's Office. It shall be the respons�lity of Me petitioner to furnish alll esuEvery documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsibleenses for filing and legal notification. Failure to comply with application requirements, as cited herein and inthe onkg Board R les and Regulations may result. in a dismi 7l by the Zoning Board of this application as incomplete, name(s) here Albert P. Manzi III, JD Trustee Pacific Main Realty Trust r SPECIAL PERMIT PAGE 4OF4 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGLA ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, 1-6, are required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilitieswill be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the. Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/a conversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: I) five or more parking spaces, II) three (3) or more dwelling units, III) 2000 square feet of. building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: 1) Size of plan: Ten (10) paper copies of.a plan not to exceed 11 "x17", preferred scale of 1"-40' II) One (1) Mylar. IIn Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Included On Pian: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. II) Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40FF §11 on the abutter's list for the legal notice check. Also,. the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-510' (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► ► A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. A 4 04 03;19? M� *ppTN H Y R'Y 'gS"AClN�t 9?Sgg99542 NORTH ANDOVER . Review Form artntent Zoning BYlawh Andover Building Dep n Of Nort over, MA. 81845 Tow orth And V Charles St- N Phone 978-588-9545 Fax g78's88 9542 .tee above is checked below. Nfatershed s e ubmitted No definitive review to fans and informations a app her �uent is based on the P rbal nJrplanatiorrs by io or 0 - subsequent une of such 1. t nor stall suh'1 misleading informat a d'.cret d explanation the app Any inaoc voided at Ince�o ted he rein above review and d on erbal explanatrons by for this review to be o and H The ab II be ve reams for attached hetet ust file'd new Pear' answers to the b the applicant shall be gr rounds shall be file, You m or advice sha cement titled „Plan Review entatlon for the above provide definihe nfo °n subm and docum changes to the (he attachednt will rate all [> Building �P The building de�ermilling Process. /3 D by reference• and begin the P bole aPPlicetionforn' �y O pPPii tion 4P&,lcati Received Buii Departm ent Official sign aturp- Apr 22 04 03:19p NORTH ANDOVER Town of North Andover Building Department F=o* ..... �ryooa 27 CHARLES ST 978-688-9545 • 9,gsA HU 9786889542 p.1 Project: APPLICANT: ?r.,,, C- , Y`^ `1, t'u TQhL�'i RE: ild t 2 t, DATE: rtr'¢. Q ► 3 Za 04 Title of Plans and Documents: Please be advised that after review of your Application and Plans that your Application is DENIED for the following reasons: Plan ReAeW The plans and documentation submitted have the following inadequacies: 1. Information Is not provided, 2. Requires additional information, r 3. Information reaulres more clarification 4 infermatinn is ln—t c eu .,a rl� # ---- - - _ _ # s 1 Foundation Plan 12 1 Plumbino Plans 2 Subsurface investigation 13 1 Certified Plot Plan with Oro osed structure 3 Construction Plans 14 1 116 Affidavit 4 Mechanical Plans and or details 15 1 Plans Stamped by proper discipline 5 Electrical Plans and or details 16 1 Framing Plan 6 Fire Sprinkler and Alarm Plan 17Roofin Plan 7 Footing Plan 1 B Plans to scale 5 8 Utilities 19 Site Plan 9 Water Supply 20 Sewage Disposal 10 Waste Disposal 21 Driveway Entry App. DPW 11 ADA and or ABBA requirements 22 Other. Administration The documentation submitted has the following inadequacies: 1. Information is not provided. 2. Requires additional information. 3. Information requires mere darifl—ti— a i,.r,,—;,.,, i� :.......,._. r # ---- - - _ _ ....#. wrc. / 1 2 Water Fee Sewer Fee 5 6 State Builders License anNpot t3Z 2 Workman's Compensation S 3 4 Buildinq Permit Fee Buildinq Permit Application 7 8 Homeowners improvement Registration Homeowners Exemption Form 9 Other: The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shalt be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL Any inaccuracies, misleading information or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and Incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit application form and begin the permitting process. .y - Buil In epartment Official Signature Application Received 'A I r 7. ��Q^ Application Denied 41 f 3 j e' If faxed: # Date Sent `qr Referral recommended: Fire I Health Police Zoning Board Conservation De artment of Public Works PlanningHistorical Commission � ic�w vnnu� Revised 9197 jm `-bwt May 13, 2003 Mr. William Sullivan, Chairman Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Request for Special Permit Pacific Main Realty Trust 82-88 Main Street North Andover, MA Dear Mr. Sullivan: In accordance with MGLA ch.40A and of the North Andover Zoning By-laws, a Special Permit is hereby requested by Pacific Main Realty Trust hereinafter ("Pacific") pursuant to the Town of North Andover's Zoning By-law(s) including but not limited to section(s) 9.1 and 9.2 with respect to the alteration or extension of a pre-existing non -conforming use located within the General Business Zone. 1. THE PARTICULAR USE PROPSED FOR THE LAND OR STRUCTURE: The proposed use for the land and structure are the same as its current use, pre- existing non -confirming use. The land and structure are currently located within the General Business Zone. The structure is a mixed use building with a predominant residential apartment use.and a commercial office use on the first floor. The building currently consists of 4 apartments and 2 commercial units. Pacific proposes to renovate and remodel (2) two additional apartment units within the third floor of the existing structure. 2. THE SPECIFIC SITE IS AN APPROPIATE LOCATION FOR SUCH USE, STRUCTURE OR CONDITION: The proposed use and alteration of the existing structure is consistent with the pre- existing non -conforming use of said structure. The existing use lawfully existed at the time of the applicable Zoning By-law with respect to the district and alteration or extension of the proposed use shall not substantially or adversely impact the surrounding area or structures. CM The proposed alteration or extension is consistent with other surrounding structures and uses within the downtown General Business Zone. 3. THERE WILL BE NO NUISANCE OR SERIOUS HAZZARD TO VEHICLES OR PEDISTERIANS. The proposed use and alteration of the existing structure is consistent with the pre- existing non -conforming use of said structure. The existing use lawfully existed at the time of the applicable Zoning By-law with respect to the district and alteration or extension of said proposed use shall not substantially impact the surrounding area or structures, nor shall it create a nuisance or a serious hazard to pedestrians or vehicles. 4. ADAQUATE AND APPROPRIATE FACILATIES WILL BE PROVIDED FOR THE PROPER OPERATION OF THE PROPOSED USE. The proposed use and subsequent alteration or extension shall meet or exceed all minimum required codes or regulations for proposed uses as required by law. 5. THE USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE ZONING BYLAW. The proposed use and alteration of the existing structure is consistent with the pre- existing non -conforming use of said structure. The existing use lawfully existed at the time of the applicable Zoning By-law with respect to the district and alteration or extension of said proposed use shall not substantially impact the surrounding area or structures. In an effort to promote growth and development within the General Business Zone, Pacific is proposing a use which is consistent with surrounding buildings and one which does not exceed the footprint of the existing structure. Pacific is desirous to promote growth and development within the downtown of North Andover and within the General Business Zone. By creating additional rental units while cdntinuing to promote business and commerce, Pacific is likely to promote growth and development within the General Business Zone which is consistent with the purpose and intent of the current zoning. The pre-existing non -conforming nature of the land and structure and the proposed use of the land and structure are consistent with other surrounding lands and buildings within the General Business Zone and are likely to have a positive affect on the local economy and property values and pose no substantial detriment to the public good or existing zoning. Fa 6. SPECIFIC REFERENCE AND RESPONSE TO THE CRITERIA REQUIRED BY THE PARTICULAR SPECIAL PERMIT FOR WHICH THIS APPLICATION IS MADE (I.E. THE EARTH REMOVAL SPECIAL PERMIT HAS UNIQUE CRITERIA AND SUBMITTAL REQUIREMENT(S) The pre-existing non -conforming nature of the land and structure and the proposed use of the land and structure are consistent with other surrounding lands and buildings within the General Business Zone and are likely to have a positive affect on the local economy and property values and pose no substantial detriment to the public good or existing zoning. The permitted use shall occupy the same lot as the pre-existing non -conforming use. Thank your for your consideration with respect to this application. Very truly yours, PACIFIC MAIN REALTY TRUST Albert P. Manzi III, J.D. Trustee Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly op�ositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding 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." Subiect Prove MAP PARCEL 29 25 Abutters Properties Map Parcel 29 8 29 9 29 10 29 11 29 12 29 16 29 17 29 18 29 19 29 20 29 23 29 24 29 26 29 27 29 28 29 29 29 30 29 39 29 40 29 41 29 42 29 43 29 44 29 45 29 46 29 48 'chis certifies that the records of the ; Certifie by: Name Address Pacific Main Realty Trust PO Box 486 North Andover, MA 01845 A P Manzi Jr. iyne� 16�Cleveland-Street---�--• North Andover,: MA `C utton lace rt ver;:MA C .r 2 &l el and=Street�....--North-Anziover,-MA-C iy-�13--Cleveland-Street` — 'N_orthAndover;MAI &--Vicky 529 Prospect . Street ethuen, MA .,0184_4. rust 41 Chestnut__r' f eeeet"" "'-"No-ffh Andover,.MA-C 91.Hampstaed Streett= Met�i`ue"n,'RIA - 1 84 , tom' 69,Main-Stre t. North -Andover; M C -----675-Foster-Streef ----North.AndaV MA -C -�1W—KIngssHlghway,U -Al 6--Hampton;:;N1=t;F03842 160 Commandants Way----Cheisea-MA-02150- ast�89-Main Street Wort. ndoverMA 121 C611ins-Landing.Road—Weare,�NH-03281 t 5'Foster Street orth Ando e� T MA C 109 1-23TMainF Shite E2 North Andover, MA C appearing on the Office as of Date Page 4/20/2004 1 of 2 0 'r+ Abutter to Abutter ( ) Building Dept. ( )Conservation ( ) Zoning ( ) t REQUIREMENT. Subject Prom MAP PARCEL 29 25 Abutters Pronertfes Map Parcel 29 52 29 54 29 55 29 56 29 60 Town of North Andover Abutters Listing MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding 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." Name I Address Pacific Main Realty Trust PO Box 486 North Andover, MA 01845 A P Manzi Jr. I his certifies that the names appearing on the records of the As%)sors Office as of. Jd_ I �6 3 1 / Certified .` Date 4/20/2004 Page 2 of 2