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HomeMy WebLinkAboutMiscellaneous - 860 TURNPIKE STREET 4/30/2018 (3)C-1 lj PLEASE COPY ON LETTERHEAD osetta Taylor,,Project Manager CDS Commercial Due Diligence Services 3550 W. Robinson Street Third Floor Norman, Oklahoma 73072 e-mail: rotaylor@firstam.com / Fax# (800) 986-0586/ Contact# (405) 253-2435 860 Turnpike Street 731 Chestnut Street North Andover, MA Use: Day Care/Child Care Center (KinderCare) To Whom It May Concern: In response to your request for information regarding the above -referenced property, we have researched our files and present the following: 1. The current zoning classification for the subject property is 2. According to t7Day ning ordinances and regulations of this district, the use of the s-uJ�bj-ect� property is a: Current Use Care/Child Care Center (K 1erC—are) e &�t�. ❑ ermitted Use by Right [V]PCrmitted Use by Special/Specific Use Permit (see comments, or attached approval documentation) ❑ Permitted Use by Conditional Use Permit (see continents, or attached approval documentation) ❑ Legal Non -Conforming Use (use was existing prior to the adoption of the zoning ordinance/code) ❑ Non -Permitted Use 3. Adjacent property zoning designation: North: South: East: West: See- 4. ee- 4. Conformance: Per current zoning ordinances and regulations applicable to the subject property, the current structure(s) is: ❑ Legal Conforming (complies with, or is otherwise exempt from, applicable zoning regulations, including parking) ❑ Legal Non -Conforming (does not meet the current zoning requirements due to amendments, re -zoning, variance granted or other changes. See comments) ❑ Grandfathered (developed prior to the adoption of the zoning code/ordinance) ❑ Non -Conforming �-/g((ssee comments)�//.��n ` Comment: — na_ A �l 5. Have any variances, special permits/exceptions, ordinances or conditions been granted/approved for the subject property: ❑ No, There do not appear to be any variances, special permits/ exceptions, ordinances or conditions that apply to the Subject property. Yes, The following apply to the subject property: �" = Variance (Documentation/ copies attached) ✓ Special Permit/ Exception Ordinance �% Conditions Comment: P GL:.-PCcdo. �C 6. Rebuild: In the event of casualty, in whole or in part, the structure located on the subject property: ❑ May be rebuilt in its current form (i.e. no loss of square footage, same footprint, with drive through(s), if applicable). ❑ May not be rebuilt in its current form, except upon satisfaction of certain conditions, limitations or requirements. Please see section of the current zoning code/ordinance for details. 3550 W. Robinson Street Third Floor Norman, Oklahoma 73072 Phone 405-253-2435 fax 800-986-0586 E -Mail: Rotaylor(affirstam.com REQUEST FOR INFORMATION July 27, 2015 860 Turnpike Street 731 Chestnut Street North Andover, MA Use: Day Care/Child Care Center (KinderCare) Enclosed, please find a check in the amount of $0.00 per address to process this request. Please advise us at your earliest convenience of any additional fees or forms arc required, if any of these items is not available or if I should be directing any portion of my request to another party. We are on a strict timeline, and your prompt attention to this request is greatly appreciated. Upon completion, please forward the information via fax 800-986-0586, or rotaylornfirstam.com and US Mail. At our client's request, please provide the following information: • Zoning Compliance/Verification Letter: Please supply a letter (or use the enclosed template and copy onto letterhead) stating in which zoning district the subject property is currently located, whether or not it is considered to be a permitted use, and any compliance information you may be able to provide. Please use municipality letterhead, or if this is not possible for some reason, please enclose a municipality fax coversheet showing that the zoning letter is enclosed. • Adjacent Property Designations and Uses (if known): Current zoning district in which properties adjacent to the subject property North, South, East & West are located • Any Variances, Special Permits or Conditions: Please note the existence of these items as they relate to the subject property and supply documentation, if available • Code Violations: Please note whether or not there are currently any open/outstanding zoning or building code violations that apply to the subject property • Certificates of Occupancy: Please supply copies of any existing certificates of occupancy for the subject property. If none are available, please state the reason for this and whether there is any expected enforcement action due to the lack of certificate. Also, please specify if a new Certificate of Occupancy would be required in the event of a change in ownership. • Approved Site Plan and/or Conditions of Approval, if applicable (if the subject property is zoned PD, Planned Development or SP, Specific Plan): Please supply one or both of these documents, particularly if the subject property is located in a Planned Development Please advise me at your earliest convenience of any required fees or forms, if any of these items is not available or if I should be directing any portion of my request to another party. I am on a strict timeline so your prompt attention to this matter is greatly appreciated. Upon completion, please forward the information to me via fax (800-986-0586) or via email (rotaylort7a firstam.com) and US mail. I truly appreciate your help with this matter and look forward to your reply. Please do not hesitate to contact me with any questions or concerns you may have. Thank you very much for your assistance! This telecopy contains privileged and confidential information intended only for the use of the individual named above. If the reader of this telecopy is not the intended recipient you are notified that any dissemination or reproduction is prohibited. If you have received this telecopy in error, please call us collect and return the original telecopy to the address above via US Mail. Code Violations Information: ZThere do NOT appear to be any outstanding/ open zoning or building code violations that apply to the subject property. ❑ The following outstanding/ open zoning / building, code) violations apply to the subject property: Comment Seo— Lj i,- 8. Certificate of Occupancy (required for the use, operation and occupancy of the subject property), status: ❑ A valid Certificate(s) of Occupancy has been issued for the subject property and is/are attached. ❑ A valid Certificate of Occupancy has been issued for the subject property (approximate issuance date ); However, we are unable to locate a copy in our records. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the property. ❑ Certificates of Occupancy have been issued for the subject property; however, for projects constructed prior to the year are no longer on file with this office. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the property. ❑ A Certificate of Occupal/��cy is not required f the subb'''Q\ct proper{w4 , /1 Comments: Q�\en \ A ki A, ['_ �i \ ®'l�_l o -e- U-tA, Certificate of Occupancy requirements for new owner, change of use, tenant improvement etc.: ❑ A new Owner is / is NOT required to obtain an updated Certificate of Occupancy prior to use. A new Certificate of Occupancy will be required for the following: ❑ Change in Use ❑ Tenant Improvements/Remodel/Reconstruction ❑ Other: 9. Site Plan Information: ❑ The subject property was not subject to a site plan approval process ❑ The subject property was subject to site plan approval; a copy of the approved site plan is attached ❑ The subject property was subject to site plan approval, but a copy of the approved site plan is no longer in existence (was lost or destroyed). All other existing documents applicable to site plan approval for the site are attached. ❑ An approved site plan for the subject property is on file, but our office does not have the necessary resources to reproduce and distribute copies of the plan. All other existing documents applicable to site plan approval are attached. ❑ Other, (as noted here): 41::Ne—W Comment: V Z) "'� ` #_^J c � a— ovo_C-3 Further comments regarding the subject property: This information was researched on 2_�K 2015, by the undersigned, per request and as a public service. The undersigned certifies that the above informa n contained herein is believed to be accurate and is based upon, or relates to the information supplied by the requestor. The Authority assumes no liability for errors and omissions. All information was obtained from public records, which may be inspected during regular business hours. ZONING AUTHORITY: By: Title: Printed Name: Municipality: Vei Z� 4,,-A, /_* Department C ; j ---- Phone: 7k 6 V 0 North Andover Board of Assessors Public Access Oa MO oTM 1 9SSwcHus�t Click Seat To Return Search for Parcels Search for Sales Summary Residence Detached Structure Condo Commercial Page 1 of 1 . ndover Board of Assessors IMProperty Record Card Parcel ID :210/098.D-0042-0000.0 FY:2015 Community: North Andover SKETCH Click on Sketch to Enlarge 860 PHOTO Click on Photo to Enlarge Location: 731 TURNPIKE STREET CHILDREN'S WORLD LEARNING Owner Name: CENTERS, INC #541 Owner Address: PO BOX 6760 City: PORTLAND State: OR Zip: 97228 Neighborhood: 33 - 3 Land Area: 1.67 acres Use Code: 140 Total Finished Area: 6240 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 696,600 696,600 Building Value: 472,900 472,900 Land Value: 223,700 223,700 Market Land Value: 223,700 Chapter Land Value: http://csc-ma.us/PROPAPP/display. do?linkld=2621445 &town=NandoverPubAcc 7/28/2015 Commercial Property Record Card PARCEL ID:210/098.D-0042-0000.0 MAP:098.D BLOCK:0042 LOT:0000.0 PARCEL ADDRESS:731 TURNPIKE STREET FY:2015 PARCEL INFORMATION Use-Code_�..,. 140 _ Sale Price_` 1,042,756 04683 Road Typei� T� � Inspect Date: 07/24/2006 5 __. _.. 6448_ _._ Tax Class: _ T Sale Date 01130/97 _Book:- Pae 0228 Rd Condition: P Meas Date 07/24/2006 Owner: Tot R Area. 8240' Sale Type: P" - Cert/Doc' Trak M Entrance': C" CHILDREN'S WORLD LEARNING Glass Tot Land Area 1 67 Sale Valid: Yv :..,. ,.A..wm. ///86..__ .,._.__.-.r_'. 27,400 . � AS S__...... 13000 0.00 �_ 1985--"—A - - ""- _-Wafer ° "" Collect Id:' ' RRC CENTERS, INC #541 C6 S 585 0.00 1989 A A ///86 8,400 3 Grantor ' CHESTNUT GREEN REALT Sewer Inspect Reas� R Address: VALUATION INFORMATION _ _ Current Total: 696,600 Bldg: 472,900 Land: 223,700 MktLnd: PO BOX 6760 Exempt -B/L% I Resid-B/L% 100/100 Comm-B/LP/o Indust -B/L% I Open Sp -B/L% I PORTLAND OR 97228 i! 3 5 .R 1 Parcel ID: 210/098.D-0042-0000.0 as of 7/28/15 Page 1 of 1 COMMERCIAL SECTIONS/GROUPS LAND INFORMATION NBHD CODE: 33 NBHD CLASS: 3 ZONE: 11 Section: ID: 101 Use -Code: 352 Category Grnd-Fl=AreaStory He'ight`Bldg-Class Yr=Built:"'" Eff-Yr-Built Cost Bldg i Seg Type Code Method Sq=FtLLV Acres Influ-YIN Value '""Class w _ _S_ ___ 5 __. _.. 6448_ _._ 1.0 �.' _ pD -��.. 1989 F ,1989 „-449,300:....1 43560 1.000... .__._215,622 P 352:. Groups: 2 R 352 A 29185 0.670 Y 8,040 B-FL-AUnt DETACHED STRUCTURE INFORMATION 1 1 35 2 35 6240 1 1 1 1 Sir Unit Msr-1 - MiF2 E-YR-Blt Grade`Cond 9/6666d PIF/E/R --Cost' Glass :..,. ,.A..wm. ///86..__ .,._.__.-.r_'. 27,400 . � AS S__...... 13000 0.00 �_ 1985--"—A . 3 C6 S 585 0.00 1989 A A ///86 8,400 3 SE S 120 0.00 1989 A A ///86 1,600 3 VALUATION INFORMATION Current Total: 696,600 Bldg: 472,900 Land: 223,700 MktLnd: 223,700 Prior Total: 696,600 Bldg: 472,900 Land: 223,700 MktLnd: 223,700 SKETCH PHOTO i! 3 5 .R 1 d� 1SFR(SLAB 6240 Sq.R 65 65 96 731 860 CHESTNUT STREET Parcel ID: 210/098.D-0042-0000.0 as of 7/28/15 Page 1 of 1 North Andover MIMAP July 28, 2015 #800#800098:6 0040 1098.6-0039 #800 098.B-0038 """ J, ;098:!6=:0065 _''•'""'_ 098.B-0086 ? = #820 #44 #820 ::_ #820 098.6-0094 ' . #700098.6-0095 •098.D_�0008 #820 [•` 1I #820A 098.6-0009 #820a #710 #20 098.6-0008 098. B-0010 #795 #30 #795 #799 Mir► Rona o9s�6 00066j #799 #25 098.D-0050 '#860. #811 #809 ! "•' #43 ,#807 098.D-004,2 107.0-0111 107.0-0109 098.D-0044 "—WIIIOW-Street- #57 107.0-0086 #865 #863 #871 #869 107.0-0072 114. 107.0-0074 107.C-0081#7' #861 #867 #30 #859 #867 #859 #873 #857 #873 #855 •--•'���- #35#37_ #33 107.0-0004 #39 114 #920 107.0-0075 y 107.0-0071 n #815 N, #30 r+ 107.0-0076 #815 rt 107.0-0022 #931 107.0-0005 #962 107.0-0023 107.0-0021 107--004 #40 C, MVPC Bo 13 Municipal Boundary Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, — Rail Line Interstates NORTH Meters Data Sources: The data for this map was produced by Merrimack Valley Planning Commission (MVPC) using data provided by the Town of — 1 — SR Of 'ao r� q�C t 's 3� 4 �� North Andover. Additional data provided by the Executive Office of Environmental Affairs/MassGIS. The information depicted on this map is for It be for legal boundary Roads { t Easements f -- o •- planning purposes only. may not adequate definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ❑ Parcels # ♦ } s + THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT — Trails # °o .•,. r i ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF ^o THIS INFORMATION G Hydrographic Features.yq ��•S�g — Streams SSACNUS� Wetlands 93 Exempt Lands V = 217 ft "�` North Andover MIMAP July 28, 2015 #800#800 098�i30040i :094.11, 0,03.9: #800 0.98•.6=06S, 098'62=00:65) 098.6-0086 All. #820 U , #4'.4. _. .._._. #820 #820 098;.6;.009'4; .. 098. D ;,0008 #820 l ' #7 0-0.098.6-0095; j #820A 0.98:63-0009 #820a #:20 0-98 B'-0008; 09,8:6=00,10: #795 #,3.0,` #795 #799 f. �r11�1Ro'ad� o9s�B�OQ06 #799 #799 ` #25} ' X31 ft 098.D-0050 f RZ :. #860 #811 #809 #43! #807 09.8 D _004-\ 107 C=0111 \ 107C-0109' 098.D-0044 -- W I I IO W i Street \ #5 7 #865 1Q7/J: 0086. #863 #871 It 107.0-0072 #869 114 #75 07:4-o08 i; #861 #867 #30 107.0-0074 #859 #867#859 # 873 _. •. sit #857 #873 Jf! •:':`.c. .#855 .:'Y_. #35#37 #33 - 107:G-0004; #39 114 #920; 107.0-0075 107.0-0071 #815 #30 � r*. I 107.0-OQ76 / #815 107.C-.0022 - 107.0-0005, #9;62, 107.0-0023 `� ••~ 1070=0021, 10.7-C-.00.4, #40 1 0 MVPC Bo `: Wetlands Zoning E! Municipal Boundary a Exempt Lands t".Busine 5 1 District . Busine s 2 District Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, — Rail Line E Busine 5 3 District Meters Data Sources: The data for this map was produced by Merrimack Interstates E Busine s 4 District O Gene Business District NORTh q� Valley Planning Commission (MVPC) using data provided by the Town of North Andover. Additional data by the Executive Office —1 — SR O Planne Commercial Oev C Corrido Development Dist Of u - a s��� '��6 O V OL provided of Environmental Affairs/MassGIS. The information depicted on this map is Roads i t Easements tl Corrido Development Dist O Corrido Development Dist 3 - Oto 8' for planning purposes only. It may not be adequate for legal boundary definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ❑ Parcels Industri I 1 District R IndusI 2 District 41; r♦ _ * THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT Zoning Overlay11 Inri dust3 District * o l ♦ ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF e Adult Entertainment Q Downtown Overlay District 0 Industri S District sp e '%/��rio THIS INFORMATION © Historic District Reside ce 1 District ^ Reside ce 2 District SS < 0 Water Protection 6 Ride ce 3 District ACNU50 O Hydrographic Features ` de ce4 District — Streams 1" = 217 ft .{ }.de ce5 District YYY de ce 6 District �a a esidenlial District f North•• I -'5+ ... �a""�. ,�, °t.�' .. +Oki�i V'•: �, r,. *;a'ti .'��, �..f�` wrk'�-S��`�4., �r,�m�.�:�,a �k +'.!A€�+r`+..�S+it-:.�.: ='i' rt R C MVPC So Interstates — I — SR Roads {ter Easements ❑ Parcels 1"=217ft rS Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, Meters Data Sources: The data for this map was produced by Merrimack Valley Planning Commission (MVPC) using data provided by the Town of North Andover. Additional data provided by the Executive Office of Environmental Affairs/MassGIS. The information depicted on this map is for planning purposes only. It may not be adequate for legal boundary definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THESE DATA, THE TOWN OF NORTH ANDOVER DOES NOT ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF THIS INFORMATION O ,•� O O O �� N N di Q' •N CD N j Gj �.IN -4 'i-' � oO U K TS O��' N N o•Q) Uw° y •� O z O z tV u z N ) Id o aj o o u o R� O m O � Cd 4.1 /• Ocu U) O 4^ I" v V u ab V b0 Pa (n O g ocduId 3 F-1 by O U bO U ca N Z PP ::j o bo O N G •° cn 03 V PP, t O O O I.i S ,' tC�u bO 00 N H Cd Vo °cd" U) PQ w q ° A. Cdcu 'bin o vd u V V - ;.4cu v cz y 4-4 N � •• C1 00cn 14 O � C U W 41 d y c~ri _ 14, °v w `+ wO N ® m v ®� U U cd r4 ani W U [� Cd U zw�� '! o FORM U 3 TOWN OF NORTH ANDOVER LOT RELEASE FO11 o 2a �� 5� A SUBDIVISION ASSESSORS MAP ASST D BY D- PERMA ENT ADD ES STREET s+� PHONE Wil' J APPLICANT APP DATE OF APPLICATION TOWN USE BELOW THIS LINE p NIN BOARD lln'FE APPROVED DATE REJECTL'll..�� TOWN PLANNE 4- �M5A v ac CONSERVATION COt'IMISSION DATE APPROVED 1% llATE REJECTED CONSERVATION ADMIN. BOj;ial F HEALTH S ITARIAN DEPARTMENT OF PUBLIC WORKS i DRIVEWAY PERMIT J "^ SEWER/WATER�CONNECTIONS FIRE DEPT. ►CPQ is C0' /J DATE APPROVED DATE REJECTED RECEIVED BY BUILDING INSPECTION DATE-- signed by the agents of the Planning and Health Boards, E This form shall be g prior to the issuance of any applicant from the the Conservation Commission for the subject lot. This form shall not releive the, app compliance of any applicable Town requirement or Bylaw. P ,7*A,, • s' 1 o ;O ce H E a a� 4 C = O c O ►- 'z O oc V J V 'Q O _ W a W Z = •.. V Co V � Z z C m C Li. z CL ay, •� o. �a c •C y O u O u u Q z cc r z z u O �, c�c m 4 oc Q m a� �i— r. ` O cc: 0 3 O > W N v W Y = L U L 0 m m L C W W C O E . c c E :3 U J iT Q LL m CO DC U u. cc iL cc (n y A C.) 1�� Cd OD T-4 di 0 Q � ��LLJ w C:> Cc O p i.L.I .Q W CD LL! CL Lu Cj CQ Q v U 0 to 801 v v 00A' W o ;O H E a a� 4 C X c ` a+ 'z O � c V V O U 'Q _ a Z = •.. V Co V � C m CL ay, •� �a c •C y O u O h r �E O u 4 a� �i— r. ` O cc: 0 3 z > W V) v = 0 W U J y y C a6i o ° b0 u •y Z �c u w u � Q V o 5 .� r6 L m CQ Q v U 0 to 801 v v 00A' W O Z H E a a� 4 C X V Q� V Z = •.. V Co V � C m CL to •� �a •C O Z January 19, 1989 Hon. Charles A. Salisbury and the Members of the Board of Selectmen North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Helen Kellner Vs. James Maynard Dear Members of the Board of Selectmen: (617) 451-0750 Enclosed herewith is the decision of the Appeals Court in' the above referenced case. This is where the Board of Appeals, granted the Defendant a special permit for variances. The Court dismissed the appeal of the Plaintiff. Enclosed is the Memorandum and Order since it is very complex. Very truly yours, Leonard Kopelman LK/ sb Enclosure cc: Board of Appeals 2Ci �3 KoPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET LEONARD KOPELMAN BOSTON, MASSACHUSETTS 02110 DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO JOEL B. BARD JOEL A. BERNSTEIN RICHARD J. FALLON BARBARA J. SAINT ANDRE GEORGE M. MATTHEWS EVERETT J. MARDER JANE M. O'MALLEY KAREN V. KELLY DAVID L. GALLOGLY SONDRA M. KORMAN ANNE -MARIE M. HYLAND January 19, 1989 Hon. Charles A. Salisbury and the Members of the Board of Selectmen North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Helen Kellner Vs. James Maynard Dear Members of the Board of Selectmen: (617) 451-0750 Enclosed herewith is the decision of the Appeals Court in' the above referenced case. This is where the Board of Appeals, granted the Defendant a special permit for variances. The Court dismissed the appeal of the Plaintiff. Enclosed is the Memorandum and Order since it is very complex. Very truly yours, Leonard Kopelman LK/ sb Enclosure cc: Board of Appeals COMMONWEALTH OF MASSACHUSETTS APPEALS COURT HELEN KELLNER VS. JAMES MAYNARD, trustee, & another. MEMORANDUM AND ORDER The plaintiff appealed to the Superior Court pursuant to G. L. c. 40A, § 17, from a decision of the Board of Appeals of North Andover granting the defendant Maynard (defendant) a special permit and four variances to remove an existing residence and construct a commercial day care center at a site located across the from a single family dwelling owned by the ,street plaintiff. Both the board and the defendant filed answers. The board filed a counterclaim against the plaintiff as well. The defendant moved to dismiss the complaint for failure to state a claim. The plaintiff opposed the motion with an affidavit, supporting documents, and a brief. Apparently without any objection to the procedure, a Superior Court judge indicated to the parties that he was construing the defendant's motion as a motion for summary judgment. He allowed the defendant's motion but took no action on the counterclaim. The plaintiff appeals from the judgment entered pursuant to the order allowing the defendant's motion. The defendant appeals from the refusal by the court below to grant his motion that the plaintiff be required to post a bond and for sanctions to be assessed against the plaintiff. The counterclaims, although on their face they appear to lack merit, remain outstanding. As there have been no such determination and direction as are required by Mass.R.Civ.P. 54 (b), 365 Mass. 821 (1974), when there is an adjudication of fewer than all the claims, no judgment has yet been entered from which an appeal can be taken. New England Canteen Serv., Inc. v. Ashley, 372 Mass. 671, 677-678 (1977). Bragdon v. Bradford O. Emerson, Inc., 19 Mass. App. Ct. 420, 421, 423 (1985). Since the appeals of both the plaintiff and defendant are not properly before us, we do no more than express our views on the issues raised by the parties. Beit v. Probate & Family Court Dept., 385 Mass. 854, 855 (1982). The principles governing judicial review under G. L. c. 40A, § 17, require that the matter under review be heard de novo and that the judge make his own findings of fact, independent of any findings of the board. "The judge is not confined to hearing only the evidence before the board . . . . 'The decision of the board is no more than the report of an administrative body and on appeal has no evidentiary weight.' '[T]he judge . . . is to . . . determine the legal validity of the decision of the board upon the facts found by him.'" (Citations omitted.) Prudential Ins. Co. v. Board of Appeals of Westwood, 23 Mass. App. Ct. 278, 282 n.7 (1986), and cases cited. 1W= Entry of summary judgment under Mass.R.Civ.P. 56, 365 Mass. 824 (1974), based upon the materials before thel judge, was erroneous. A party moving for summary judgment has the burden of demonstrating that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Community Natl. Bank v. Dawes, 369 Mass. 550, 554 (1976). Foley v. Matulewicz, 17 Mass. App. Ct. 1004, 1005 (1984). "The movant is held to a stringent standard . . . . [A]ny Ildoubt as to the existence of a genuine issue of material fact will be resolved against [him]. Because the burden is on the movant, the evidence presented . . . always is construed in favor of the party opposing the motion and he is given the benefit of all favorable inferences that can be drawn from it." 10A Wright, Miller & Kane, Federal Practice & Procedure § 2727, at 124-125 (2d ed. 11983). The defendant submitted no affidavit in support of Ithe motion to dismiss, which the judge treated as one for summary judgment. The plaintiff's affidavit and supporting documents raised material issues of fact as to the safety of the use of the locus as a day care center and the board's finding of hardship. We do not agree with the defendant's contention that the plaintiff could not have been found to be an aggrieved party. There is a presumption that property owners to whom the board is statutorily required to give notice are persons aggrieved. "If the issue is contested, and any additional evidence is offered, the -3- point of jurisdiction will be determined on all the evidence with no benefit to the plaintiffs from the presumption as such . . . . [T)he status of the property or of the plaintiffs may be such that the plaintiffs -are not aggrieved even though the property is very near." (Citations omitted). Waltham Motor Inn, Inc. v. LaCava, 3 Mass. App. Ct. 210, 215 (1975). To be a person aggrieved, one must show "'some pecuniary interest which is immediately or remotely affected by the determination appealed from." Carey v. Planning Bd. of Revere, 335 Mass. 740, 743-744 (1957). The plaintiff's property is located directly across the street from the locus. As a homeowner she would appear to have a legitimate interest in preserving the integrity of a residential district. See Rafferty v. Sancta Maria Hospital, 5 Mass. App. Ct. 624, 629-63Q (1977). The plaintiff's aggrievement, thus, is another issue which may be tried. As the appeal must be dismissed, there is no need Ifor us to reach the question whether the court below had Iauthority to require a bond or to assess sanctions. A2peal dismissed. By the Court (Brown, Dreben, & Fine, JJ.), Clerk J Entered: January 12, 1989. -4- RUDOLPH, ANDREWS & KRONER 00 P—)Ii Attormys at Law SIXTY-FOUR CENTRAL STREET POST OrME Box 238. GF,ORGETOWN, MASSACHUSETTS 01833 ROBERT P. RUDOI.PII ROBERT E. ANDRPws TELEPHONE MITCHELL E. KRONER (617)352-8111,352-6023 April 29, 1988 Clerk Essex Superior Court 34 Federal Street Salem, Massachusetts 01970 Re: Kellner v. Maynard, etal Docket No. 87-42 Dear Clerk: Enclosed please find Notice of Appeal and Certificate of Service of same in regard tot he above entitled matter for filing. Kindly file same. Thank you for ,your courtesy. RPR /kas Enclosure cc: John J. Willis, Jr., Esquire Domenic J. Scalise, Esquire COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. HELEN KELLNER, ) Plaintiff ) VS. ) JAMES P. MAYNARD, TRUSTEE ) etals, ) Defendant ) SUPERIOR COURT DOCKET NO.87-42 NOTICE OF APPEAL Notice is hereby given that Helen Kellner, Plaintiff above named hereby appeals to the Massachusetts Appeals Court from the Judgment on the Defendants' Motion to Dismiss dated April 12, 1988. Helen Kellner, Plaintiff By heKpttorhey, ,. obert P.- Rud I h, Lsquire UDOLPH, AN EWS S KRONER 64 Central Stre Georgetown, MA 01833 Tel: (617) 352-8111 CERTIFICATE OF SERVICE I, Robert P. Rudolph, attonrey for the Plaintiff in the foregoing action; certify that I have this day sent copies of the Notice of Appeal by mailing postage prepaid to John J. Willis, Jr., 160 Plea san .-Street, No. Andover, MA 01845 -and Domenic J. Scalise, 89 Main Street—,Jo..., Ari %yer, MA 01845. _1 \) PRoAber-t—W----�QdIph�,:�:E=sqq�uire� RUDOLPH, ANDRE S S KRONER Dated: April 29, 1988 64 Central Street Georgetown, MA 01833 Tel: (617) 352-8111 ;UDOLPt1, ANOREws & KRONER A(Inrnn:c of Inu' EOROF.TOWN, NIA 0I833 ill , , ), Essex, Be. COMMONWEALTH OF MASSACHUSETTS Department Of The Trial Court Helen Kellner vas --------------- Superior Court No. 87-42 James P. Maynard, Trustee, et'als This action came on for hearing before the Court, Flannery, J. presiding, and the issues having been duly heard and findings having been duly rendered, It is Ordered and Adjudged; that the plaintiff Helen Kellner take nothing, that the action be dismissed on the merits as to all defendants, without costs. The Clerk -Magistrate of the Court is directed to mail an attests copy of this judgment within thirty days from the date hereof, to the Town Clerks Building Inspector, and Board of Appeals, respectively of the Town of North Andover. Dated at Peabody, Massachusetts, this'13th day of April, 1988. A T t�E COQ', ATTEST. EPUTY ASS CLERK • 1 �, `• s'1 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT :' • • CIVIL ACTION ` N0: 87-42 HELEN KELLNER,' Plaintiff,' vs JAMES P. MAYNARD, et al,: Defendants MEMORANDUM OF DECISION AND'ORDER ON DEFENDANTS' MOTION TO DISMISS I . BACKGROUND r. The plaintiff, Helen Kellner, is appealing two decisions of • the North Andover Board of Appeals ("the Board") granting a special permit for the use of property located between Chestnut Street,. -Mill Road and'.Turnpike.Street in North,..Andover as a day care center, and granting several variances to accommodate the construction of a proposed building to house the child care center. The defendants assert the validity of the Board's decisions and have filed a motion -to dismiss claiming that the plaintiff is not an. aggrieved person within the meaning.of..G.L. c.40A, § 17, and°that the plaintiff has failed:to produce evidence sufficient to enable this Court to find-that'the Board exceeded its authority when it granted defendant:James..P...Maynard the special permit and variances requested. In her complaint, Helen Kellner states ..,that she is an abutter to the premises which were the.subject of the.,special Permit and variances. She also states that the intersection'in'front of the proposed use is a dangerous one, and the proposed use of'a child care center at the premises would create a serious safety problem. In addition, there is no substantial hardship to the owner of the subject property. Moreover, Helen'Kellner states that the neighborhood residents, the Planning Board,'and the Town Planner all oppose the change in use. -The opposition-also stems- in part, from the child care center's.'resultadt`'inteifetende.0ith the proposed setback or buffer of•100'feet from the existing northerly boundary of Route 114 permitting future widening for a safer and more efficient traffic flow. II. DISCUSSION ."In appraising.the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a.claim unless it appears beyond doubt that the plaintiff can prove 'no sets of :facts 'in .support of his claim which would entitle him to relief.. Furthermore, the allegations of the complaint, . as - well as' such inferences as'µmay be drawn-. therefrom in the plaintiff's favor, are to be taken as true ... [citations omitted) ...". Bell'v. Mazza, 394 Mass.'176, 183 (1985). The defendants have raised certain..initial challenges to Kellner's right to maintain this action: •MiG:L4'c:40A, § 17 • ., � • ;:�i "+.` > Vis.. i..•..•.. 3 provides that "any..person aggrieved" by'la;decision of the:Board of Appeals may appeal to the Superior Court1,by:br1nging;a.civ11 action.. At the time.the Board.rendered;its..decisions, and when Helen Kellner brought this action, she was an abutter to the. subject property. In her,complaint,.she.has•demonstrated a "legitimate interest" in the proceedings before,the Board., Murray v. Board of Appeals of Barnstable, 22 Mass. App: Ct. 473, 476 (1986); Butts v. Zoning Board of7Appeals of'Falmouth, 18 Mass. App. Ct. 249, 253'(1984). Thus, Kellner is an "aggrieved person" within the meaning of M.G.L. c.40A, 17, and has standing 'in the present action. The defendants also assert that Helen.Kellner has failed to state a claim upon which relief can be granted. -because she has failed to provide any facts to this Court'uponlwhich the decisions made by the Board can be set aside. The burden of proof is on Helen Kellner, as the person objecting to the board's decisions, to "convince the trier of fact that the board exceeded its authority and acted improperly." Strand Y. Planning Board of Sudbury, 7 Mass. App. Ct. 935, 936 (1979).; The general rule applicable to,the propriety. of a.decision by. a special permit granting authority was set,forth.in. MacGibbon v: Board of Appeals of Duxbury, 356:.Mass..-,635.(197.0) Neither the Zoning Enabling Act nor*,the t}own,zoning by-_ law gives the plaintiffs an abolute right to the special permit which they seek., The board is not compelled to grant the permit.''It has discretionary 4. power in acting thereon. 'The board must act fairly and reasonably on the evidence presented to it, keeping in mind the objects and purposes of the enabling act and the by-laws, The 'decision ofAhe board cannot be ._ disturbed unless it is based`on a'legally untenable ground, or is unreasonable, whimsical+.capricious.or' arbitrary. MacGibbon, 356 Mass. at 638-639. t... The granting of a special permit must be upheld'if it is for a use that is in harmony•with.the general purpose and intent of the ordinance or by-law, M.G.L. ct'40Ai'§9f'and.thelother criteria enunciated in MacGibbon are satisfied,'.,1See•Planning Board of Sandwich v. Board of Appeals of Sandwichi•15 Mass: App:'Ct; 901, 971-972 (1983); Garvey v. Board of Appeals of:Amherst, 9 Mass. App. Ct. 809, 856 (1980). In its decision granting the special permit# the Board expressly found that the pertinent provision6.of the Zoning By-law have been satisfied, and the'relief granted does not nullify nor substantially derogate from the intent:or;purpose of the Zoning By-law. They also expressly found that no significant problems or hazards would be created for,either vehicular.:..or.pedestrian traffic by virtue of the proposed use, despite the testimony of residents to the contrary. In addition.# the•Board found that the proposed child care center is .the use mostin keeping with the use of the area. Moreover, the-impact.of the proposed design was found by the Board to be minimal and not hazardous or.detrimental to the area. The bases for their decision was also provided in 5 detail. •';', ,:1 .t E1 'Jj� In her complaint, Helen Kellner statesthatthe proposed use of a child care center would create a serious safety problem at the intersection involved, that, no conditions.or provisions were made regarding this problem, and that•various'individuals seriously oppose the change in use. She also claims that the Board failed to consider the evidence submitted_by„the•. neighborhood residents.”She does not present this Court•with any other information as to the.'impropriety of the Board's decision granting a special permit.. on the evidence submitted to this Court, it cannot be said that Helen Kellner has satisfied her burden of proving that the Board exceeded.its',authority,'and acted improperly when it granted the_special permit;•to;the applicant. Strand, 7 Mass. App. Ct. at. 936.. Pursuant to M.G.L.. c.40A,.§ 10, a permit granting authority i . ? is authorized to grant ~ a variance from the terms of the applicable'zoning ordinance or by-law when it specifically -finds that owing to circumstances relating to the soil conditions, shape, or topography 'of such land or,;'strddtures but not affecting generally the zoning district in which it is located, a literal enforcement of.the provisions of the ordinance or by-law would involvd�substantial hardship, financial or otherwise, to the petitioner.or. appellant,. and that.desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from.'.the intent or purpose, of such ordinance •or ;by-lawai"I T1s; •ri The burden rests upon the person seeking a•variance, and the board granting one, to 'produce evidence in'the Superior Court that each 1 of the statutory:prerequisites has been�met"and'that'the variance is justified.' Warren.v. Zoning Board of'Appeals.of'Amherst,•383 Mass. 1, 10 (1981);'Dion v. Board of Appeals of Waltham, 344 Mass. 547, 555-556 (1962); Gordon v. Zoning Board of Appeals of Lee, 22 Mass. App. Ct. 343, 348 (1986); Guiragossian v, Board of Appeals of Watertown, 21 Mass.,App. Ct. X111,,115 (1985); Martin v. Board of Appeals of Falmouth, 20 Mass. App. Ct. 972 (1985); DiGiovanni v. Board of Appeals of Rockport, 19 Mass.'"App6'Ct.'.'339, 350 (1985);. Kirkwood v.,Board of Appeals of Rockport#) 7.Mass. App. Ct. 423p.427 (1984); Boyajian.v. Board of Appeal of Wellesley,.6 Mass. App. Ct. 283, 284 (1978). The judge, .like the board of appealsi may uphold the variance only if it can be expressly found'that the statutory prerequisites have been met. Warren, 383 Mass. at 9.: Wolfson v. Sun Oil, Company, 357 Mass. 87, 90 (1970); Guiragossian,.21 Mass. App. Ct. at 115, Boyajian, 6 Mass. App.` Ct:'at 284.-'"[Ilf'the board grants A variance it must 'specifically find' the facts which constitute the prerequisites therefor...." Warren,:383 Mass.'at 10: Planning Board oCSandwich"v.Board of `Appeals of. Sandwich+ 15 Mass. App. Ct.,.971, 972 (1983); Boyajian,.6,Mass._•App.,Ct..at 284. I ,1 1. ., • "This requirement.for:specific findings 3..&.1is.-not satisfied by a mere repetition of the statutory words!." -Warren, 383 Mass. at 10 quoting Brackett v. Board of Appeal of the Building Dept. of Boston, 311 Mass. 52, 54 (1942).'.Wolfson,�,357.'Mass� at 89; Sullivan v. Board of Appeals of Belmont,:346'-Mass. 81, 83.(1963). ,7 '"Since the requirements for the: grant of '•a. variAnce,;are.• ' conjunctive, not 'disjunctivei a failure•to+;establish anyone of - them is fatal:"•;:,Kirkwood, 17 Mass.• App:,'Cti.at 428} Guiragossian, 21 Mass. App. Ct. at 115 r, s; .:, r :;a.E j•-`;�.� i;..�: .. In its decision granting:the variances Ahe.Board made the following findings: the presently existing structure violates the setback requirements;. the '.'requested variation•would only - marginally change'the existing.setback`_violation; the site is unique, making the impact of the setback:requtrements very • exists,' in that A'literal.enforcement a hardshi a �. substantial, p would amount to an extreme'financial hardship;}.for the•property owners with no commensurate benefit to�the;communityf and the site as proposed will not adversely impact the,•Area..•Moreover, the Board found that the pertinent.provisions•of the Zoning By-law have been satisfied, in particular-due'to:the••shape.of the land in. question, and further that the relief..,granted-is not of substantial detriment•to the public good:and.does.,not nullify nor substantially derogate'.from.the intent or purpose:of the Zoning By-law. The bases:,for.this decision„was:also'provided in detail. Helen Kellner states .in'her•complaint"thattthere is no substantial hardshipto the owner ofithe;property#'and the only evidence of hardship submitted,was that'of,:financial loss. She reiterated the fact that.there was oppositivtl,from the Planning Board, the Town Planner, abutters and severa'1,•neighborhood residents. i Futhermore, Helen Kellner.states.,that", ,the.Board,iexceeded its authority when it granted a variance'to change..,-thersetback..'. requirements because a.modification'of thesetback:taould mean an erosion of the state policy•regarding;public,highway safety; In addition, she states that the variances granted seriously deviate from the Zoning By-laws, without,! justification. Based on the information.before this Court, it cannot be said that Helen Kellner. has"AUs.tained"j'her burden: ot'••proving• that -the .Board exceeded its authority when it.granted.the.requested variances. Strand, 7 Mass: App:-'Ct. at. 936. ,:-.Moreover, the Board has produced sufficient evidence that .each:of -'-the statutory .prerequisites have.been met-and:,that the.variances;.are justified.. Warren, 383 Mass. at 10. :.. III. ' ORDER .. For the foregoing reasons, it isihereby Ordered that the defendants' Motion to Dismiss is.hereby Allowed. ; J Harold Flannery fi ?: J stice of;...the Superior Court Dated: April 12— .1988 ' H -7IV17 HJl b'{H M t � h Q t< ca W t `' h � Vi v .w s� i w ti W a El .fid'/M.f1TJ W I 'to o W t `' h � Vi v .w s� i w ti W a El .fid'/M.f1TJ W I u s e U') LJ V a v� Z ;L CL M W f w � � 0 I 1 ry I O i O t N A h Q /cc ry k V e w _Q F- 0 J LL -1 O V OLW 00 V Z to Y O � CLQ - O V) Q Q v N of O Q' �Z V) � � w ry =: � � CD1 w Q = Y U w > V-) w = m o N w' Q QD Z I 0 = cn < O nQ Z F- U o0 LL < O w w Z cc o O z 0O w Z D w —� O Z w O N d Cn �- N r�i e U') LJ V a v� Z ;L CL M W f � � 0 I 1 I [. ZDV i O t y l A h Q /cc ry k V e _Q E nw E _0 u O Q EO ++ Q L L C `r- N GGG �ic J O N r -A Ln a) r -I U O +L U N N V aN0 D >_ O aJ T fd V) N Q M u E a O = H li N1 H N V1 aJ u c E o a U Q V) E O Q L a1 a1 O N N O Q1 + 4� U) a1 � O � N ao a) �N Y m O _A Q V) O O V) O aJ L w L V H ESU, -I (O aJN M au aj n ai O E v OI_ L N O O i Ll Ln Ln EI t 02 O Q � N � O E -1 O 0 O U � N - 3 °N° o O ♦- m m vLAQji ry aJ "Ln a, E c a aJ u 0 Li Ln Ln C:) "O- C O .i Ln O c -I � M `0 N O C 0 3 O Ln 4• c1 O > N — 00 N L1 ri O O O E F, o O N LL a) U � C �n — aj a 0 E a, N O_ O N L to U C 0 O roE cn E L °'d E cv Nor L O Y aJ > E M O > 0 L c N Y C bo U N i fa v c � a� O (9 L Eto O OU Ln L H U N u m Z c E o a U Q V) E O Q L a1 a1 O N N O Q1 + 4� U) a1 � O � N ao a) �N Y m O _A Q V) O O V) O aJ L w L V H ESU, -I (O aJN M au aj n ai O E v OI_ L N O O i Ll Ln Ln EI t 02 O Q � N � O E -1 O 0 O U � N - 3 °N° o O ♦- m m vLAQji ry aJ "Ln a, E c a aJ u 0 Li Ln Ln C:) "O- C O .i Ln O c -I � M `0 N O C 0 3 O Ln 4• c1 O > N — 00 N L1 ri O O O E F, L Y L O N E a) Ln N L 4. L m v L O � a ai ..0 E L E H O 'a) Q O � U N � H M a) a1 UO N C N a, v c E c -C .� O 'L 4" O L a) > °' = () O C bb aJ C: Ln O aC) QE N Qj v O O } L- a) a) _c Q � a) Q t v � L O aj N ai L Ln CU .� L � 'a O m aJ aj a) aCC) C cu cu C O 0 m ai C V) CL L N m Y i 4- 0 0 E cu -0 O W aJ 'O aJw - Ln .�Ln L a) QJ Q a) O N �' M V) a) EZ,.? IVOV. id. LU I I y.72AM Meritor. Academy Meritor Academy 860 Turnpike Street North Andover, MA 01845 (978) 794-0616 Tax ID #06-1097006 kun klcor .com Gina Kun- Director Bunny Monteiro- Assistant Director November 28, 2011 Attention: Brian Leathe NO. 19jb F. 1 Here is the paperwork you were waiting for in order to issue us our building license. Please let me know if you have any questions or need any further information. Sincerely, Gina Director Nov. its. ZU 1 1 N: 72AIVI ctM:�S, (888) 464-0134 E-Lighl Mirk Order 1111111111111111111111111111111111111111111111111I Fz45„=a Appointment must be made prior to service! You must calf FROM SITE when completed and request a confirmation code. Service Dispatched: Knowledge Universe -000541 #000541 Phone: (978) 794-0616 Location 860 Turnpike St. 'Fax: Authoriz n ure Print Name CoApIete6 Date North Andover, MA 01845 Contact - Requested By.- y: Dispatched: AffilateID: 9997747 Cust. P,O; #: 2379916 Corifirm. Code: Scope of Work To .Be Competed By.T 11/26/2011 Emergency/Exit Lights: Conduct annual 30 second pushbuhon test on all Emergency/Exit lights throughout location as required per Life Safety 101. Each light must have a certification sticker applied_ If a light fails, call for approval for complete load test. Any light tested must be noted on attached load test form. I_ Emergency Lights Information 714►S MUST -13E I=ILLED OUT! # of EmergencyLights # of 5xit Lights # of Combo Lights # of Battery Backup # of AC Current Only Battery Size Bulb Type (Size) Last Service Aux Generator Y/N If information is filled in, it was gathered at the last inspection. Please confirm the data and make any corrections. I Deficiencies,found? YES. N (circle one) Signed deficiency form MUST be returned with your invoice. Additional Work Atith.orized by Cintas Name of AuthorizingAgent: I I Authorization if., Store .Stamp Store Acknowledgement. hereby acknowledge the satisfa ry completion of above-described work. nc� ,� �k Authoriz n ure Print Name CoApIete6 Date This form must be faxed upon completion to Glnny Deverick at (866) 246-8272. Invoice, required Inspection forms, and deficiency form are to be submitted within 5 days of completion. FORM # 01 Nov. ZO. ZU I I Z AIVI LL y No. 1938 P. 3 E -Light Work Order F,2457120 101 Ar: +! i' ) I (l A -1-7 A g "all 30, , I I FORM # 08 7 Lw 1 FORM # 08 $ w M o'C 'CD a .` " CD 3 o.. Rro,CD m Ot co .: ,.x,'.. CD CD m CA ~•. v CD S. #k m cdj -, • 2 $ w M o'C 'CD a .` " CD 3 o.. Rro,CD m Ot co .: ,.x,'.. CD CD m CA ~•. v CD I f T 0 W N O F DATE: ?,/,4,.1 PERMIT # 2 7(j S NORTly E D6 I O p 01 O LAKE T I�COCMICMEWICK %d ADRATED P`9'0'.e 7 7SSAC HUSH N 0 R T H A N D O V E R S I G N P E R M I T NORTH ANDOVER, MASS. THIS CERTIFIES THAT. e. . 014 ..00f-' �( K�!�... ...... . ............ �� jam. • , hasermission to erect t 9o�n• •••••• P � p provided. that the fe;sl�n a cep ii is p rmi shall in every respect conform to the terms of the application on file in this office, and to the provisions of the Codes and By -Laws relating to the Sign Regulations in the Town of North Andover. VIOLATION of the Zoning or Sign Regulations, Section #6, Voids this Permit. Building Inspector Location _ No. Date 3 9 pORTFr TOWN OF NORTH ANDOVER Of t�an •'�ti p: ♦• • OOA , Certificate of Occupancy $ Building/Frame Permit Fee $ ,, 14 •'nth Foundation Permit Fee $ SS,�M�SE �v Permit Fee $ �5 Sewer Connection Fee $ Water Connection Fee $ TOTAL $ ods V Building Inspector ice" 893 3 Gj Div. Public Works SIGN PERMIT,APPLICATION NORTH ANDOVER BUILDING DEPARTMENT Division of Planning & Community Development Date Filed: 1. Site AddressrnrI 1�C 5rree� 2. Owner l.ki Wrco l_s (Jfi�i n ���f YF1 IY��f 1,�✓1 C'�(` 3. Applicant IR6ofaa a. 4. Number of Signs Size of Sign(s) Q�-L61e_ Rem Sh tie+ 5. Site of Proposed Sign(s ) 6. Materials: 1209h.ee_� 0 7. How attached: (a) Against the wall (yQ (b) Roof ( ) (c) Ground (d) Other ( ) 8. Illumination: (a) Not illuminated 09 (b) Internally illuminated ( ) (c) Illuminated from separate service ( ) 9. Proposed Colors: Background W Lettering rnul(-CC)ICirr� Border. 10. Will sign overhang any public road or walkway: Yes ( ) No 11. If Yes, Name of Agency who will provide liability insurance: 12. Attachments: ( ) -',Photographs of building ( ) Material sample ( ) Color samples ( ) Site or Plot Plan .(Required for all free-standing signs) ( ) -;Drawings of proposed sign ( ) Other, specify ( kts is 0- Sf �0 �O 1je,nPl kphr(10-1) bLj 13. Is Board of Appeals decision required? Yes I( )ems No ( ) Signature of A plicant Location No. Date TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee RECEIVED PXrhTrVj Fee C1G-0 Sewer Connection Fee UM, onnection Fee TOTAL $� MG..Andova COPD or Bu i id i n g'in"sp@cto rd Div. Public Works VEM M-01 7.1VV-,- 0 E �4 Q, a V) b 0 v ro U) E cn • — Q) 0 rq ID ytz • O O � •-, •H w cb W r -I • G O U)• :1 44 �'+ U > O °4-1 G cn cn 0 p, /�• v G cn o G a GJ H V){ v 4-J v r-vI cd w o +� ,f I , , u ,.., M. O �4 G JJ QQ' Z SL. u G r4 H cd G .14 0 E �4 Q, a V) b 0 }4 •a H :b v ro U) . G r-1 — Q) 0 rq ID ytz z • • �. � •-, •H w cb G O co L" G rl �, • 41 cn /�• v G cn G V){ r-vI cd ,f I , , u M. JJ QQ' Z SL. u G r4 H cd G .14 .�� % * to �• G • � V) o ®1 * * • o a 3 bo • v �4 a r-4 v a Q) >, o d' O a, 4-) -►. E-'+ � ..0 -0 w b G Q1 G � (�•. ✓ W GO � O ci3 � 4--j 'Z, H —1 c13 vl cn Q) W 3 �• H H v o b z w � �' I'j V Q) 'd Q) Q1 H W E cn 9 +1 .0 4-1 a r-) w H a o z }4 •a H :b --jr, 7 15' 00000��� SIGN PERMIT APPLICATION NORTH ANDOVER BUILDING DEPARTMENT Division of Planning & Community Development Date Filed: '31'3C)/70 I. Site Address U -PA; �/-� S'1. 2. Owner �^-�—��c/ r-�! Sy a- 3. Applicant 4. Number of Signs S. Site of Proposed Sign(s)_� 6. Materials: /Ac " Size o'f /Si-gn(s) / 0.91 1` v'1/!/LL9 N -Cl/ e 14 '�3i>e-3" 7. How attached: (a) Against the wall ( ) (b) Roof (c) Ground (d) Other ( ) 8. Illumination: (a) Not illuminated ( ) (b) Internally illuminated (c) Illuminated from separate service- 9. ervice9. Proposed Colors: Background,e� Lettering Border. 10. Will sign overhang any public road or walkway: Yes ( ) No 11. If Yes, Name of Agency who will provide liability insurance: 12. Attachments: ( ) *Photographs of building ( ) Material sample ( ) Color samples (� ) Site or Plot Plan (Required for all free-standing signs) (�) *Drawings of proposed sign ( ) Other, specify 13. Is Board of Appeals decision required? Signature of Applicant Yes ( ) No ( ) �iL!' MAR 3 01990 �BU!LDING DEPARTMENT, p < 1 (W - r Z P i L p> A. 3 a V t of ` Z dd 4 F �� z fW d cc y U Y e - /y. W h J r % !� �^ w C 4 � • V p Y t ji �Y h - t S J ZP J3Z 9< - o WP . r7 Z� �< �s OSI VF - r SW da rA ; WC 20 _3 w QJ ----------- _ qi °i dl O c€ yy Z W uj J = W Z ti =CCVS t 0 v c 7{ of :�S � �� �n g � '^ :►, �� °° L. of r C H $ �N_ V Z �' a 9, 4, to � W R�2 w 3v t^ V c.3 Jz 6 K p_ W �[ > S Y O H 41 61 p u M (W _------------P-b �z U p ' —z �7 0 _., r m d m. �.i..� w I I sR F o' 3 J I I I I �o r t r 32 42�IZ„E ti C4 IZIE-r CMrN)too CS O, Y�1 L1L :Z 75: C �. FAN p6 -T4 L) P. � 7539 'S46708 3$`E c 30 ROA4 DOWA VOUT5 e PE4(�,PAVEL" p PLAY YIa�P sis'e-ov G►ee�vE.1.� • r2i- / 10'` AecYE Gea►D�s / �:P Ll wwft.10. Lo 6SC 00 `n FRO,V OOWNSPOUT5 E5 /AL.IL � s ' � r .Si r �j�N�41.� WYITC k)W co"VAEc-Tiol'a 1S sTacE V?W APPEovAL, 4 y, 4"• PES F �b� a� �.�:� `�Z - iics.. SIV�5CAPE TIWfE,LJ-n BD2L?E P TYPI CA L / •2� , 1 (SEE DETAIL) / Qv4� h0 6•G�4T Z�"tA COAXcul ZOO_ I� M OII� r I I 1 DETAIL-A)J- LdNDSC.4PE g: -„ � 9cKCT FG►JGC � lt'Y=Zt3.0 � , -Cvuv� , �, �, Q�Q S' C- .%-. FENGE 54S' 27 ' 1-7" F Gro 9.3c. Z6$' \ i ciao-, LY (Ali �SHIFMAN DESIGN ASSOCIATES, INC. jo Plumbing and Fire Protection Design Services 141 cross St. Stoughton, Mass. 02072 617-344-6743 September 19, 1990 Mr. Robert Nicetta, Building Inspector Town Hall, Building Department 120 Main Street North Andover, MA 01845 re: Children's World Day Car Center Dear Sir, At the request of Mr. Jim Maynard we are forwarding to you the letter previously transmitted to your office in regards to the "louver" on the front of the building. This letter now is affixed with the seal of our registered engineer. We thank you for your cooperation in this matter. Very truly our Edward Shif !` ES/ss enclosure SEP 26 1990 1--r 0 riIFMAN DESIGN ASSOCIATES, INC. Plumbing and Fire Protection Design Services 141 Cross St. Stoughton, Mass. 02072 617-344 -6743 August 9, 1990 Mr. Jim Maynard Maynard Developement Corporation 740 Main Street Wellesley, MA 02181 re: Children's World North Andover, MA Dean' Sir, The attic space is provided with nine roof vents each with a neck size of 18" diameter amounting to 15.9 square feet. Additionally,' there also exists 150, three inch (3") diameter eave vents having a total free area of 6.8 square feet. Therefore, the total square footage into the attic space for ventilation and combustion is 22.7 square feet. The combustion air and ventilation requirements for both the attic equipment and attic space is 22.15 square feet. As demonstrated ther exists adeqate air delivery to the attic space through the roof vents as well as the eave vents. The round louver at the front of the building was ment for decorative purposes only. We see no reason why the Children's World logo can not be mounted over the louver. Very tr y yours Edward Shif`man ES/ iI4�1 ��- •: i,i SEP 261990 OF Mgss9cti JAMES R. BRACHTL No. 29785 Location //.!/1/J� rn HJT• No. 9 Date IN &ORTM TOWN OF NO,;RTH ANDOVER Ot�ao a'�,yO � w a OL Certificate of Occupancy $ Building/Frame Permit Fee $ 4,s',^° • Eta' Foundation Permit Fee $ s�cHus C71!�� J er• Permit Fee $ 2S Sewer Connection Fee $ Wafer Connection Fee $ A....iy J 2� TOTAL NAM 3 0 1990 � A-v� Mo. Andcvey Cojk w Building Inspector Div. Public Works SIGN PERMIT APPLICATION NORTH ANDOVER BUILDING DEPARTMENT Division of Planning & Community Development 1. Site Address '?6 O 2. Owner 3. Applicant -3 t V/t- 4. Number of Signs 5. Site of Proposed Sign(s) 6. Materials: 7. How attached: 8. Illumination: W Date Filed: 3 7A:� J Size ofSign/(s) CMCJ' d' At -e r- 1< G j`/Si 'L 3 x q Rl- // 4—/ (a) Against the wall ( ) (b) Roof (c) Ground (d) Other ( ) (a) Not illuminated (b) Internally illuminated ( ) (c) Illuminated from separate service ( ) 9. Proposed Colors: Background �ln� Lettering lrc� Border 10. Will sign overhang any public road or walkway: Yes ( ) No 11. If Yes, Name of Agency who will provide liability insurance: 12. Attachments: ( ) -'Photographs of building ( ) Material sample ( ) Color samples ( ) Site or Plot Plan (Required for all free-standing signs) ( ) *Drawings of proposed sign ( ) Other, specify 13. Is Board of AppeJals decision required? Yes ( ) No� gnature o pplicant Location 42 No. 0p7,71- Date o�` —c TOWN OF NORTH ANDOVER n Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit FeSe,,�, $� Sewer Connection Fee $ Water Connection Fee $ TOTAL $ Building Inspector 12657 o6/24/g8 lo:55 25.00 PAI" Div. Public Works m 06 09 co W o w U a W J a� 0 c .N E a� CL c� t N W > O CL 0 z 1 0 C: p r W CL U) LL O > ami Z o •� U O is N m 06 09 co W o w U a W J a� 0 c .N E a� CL c� t r r. 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TOWN USE BELOW THIS LINE IST— PHONE MPNIN BOARD �. 6 44 DATE APPROVED TOWN PLANNER / � , DATE REJECTED CONSERVATION COMMISSIONln� l DATE APPROVED( CONSERVATION ADMIN. DATE REJECTED DEPARTMENT OF PUBLIC WORKS DATE APPROVED �J DA'Z'E REJECTED P DRIVEWAY PERMIT 6(C VIY SEWER/WATER CONNECTIONS FIRE DEPT. 2 Cork Li �Fi2 wk l ec A SV �r3$/Ja e �� is � n E �4n T� ,a•� �_ &A a�"".s- Ani �►nw.im rzm T -#;,e P1 Irany - RECEIVED BY BUILDING INSPECTION DATE This form shall be signed by the agents of the Planning and Health Boards, the Conservation Commission prior to the issuance of any building permits for the subject lot. This form shall not releive the applicant from the compliance of any applicable Town requirement or Bylaw. OJi w D V m I am zCC: UJ =3d w C5 C- u. C=m 0 0 w H Q Gam.. w H M O E C es Z O w ZD 8 A .Q m V H .� a Q In pCC ♦.r ti.: o ii ¢ U- co D V m I am zCC: UJ =3d w C5 C- u. C=m 0 0 w H Q Gam.. w H M O E C es Z O w ZD 8 A .Q m V H .� a Q In pCC ♦.r ti.: � c c_ V %o c o Cc V 0 O Z JHhl-0=-1990 11:50 FROM MILLER ENG I hJEER I NG, MhJCSTR TO 150871:+41625 P.02 FIELD REPORT ® MILLER ENGINEERING & TESTING, INC. MANCHESTER. NH 603.668.6016 NORTHBOROUGH, MA 617.393.2607 WATERBURY, VT 802.244-5111 AUBURN, ME 207-786-4249 PROJECT: CHILDREN'S WORLD PROJECT NO' 90415.01 N. Andover, MA CLIENT' MAYNARD ASSOCIATES WEATHER: Partly cloudy, 29OF CONTRACTOR: MAYNARD ASSOCIATES DATE: 1/2/90 SOILS FIELD REPORT PURPOSE: The purpose of today's site visit, as requested by Mr. Jim Farrin of Maynard Associates, was to Perform coring of the interior wall footing to determine the existance of frost, if any, of the underlying soil conditions. Due to footing and knee wall configuration, coring was not possible. A series of twenty (20) to twenty-five (25) test probe excavations were performed -along either side of the footing in question. No signs of "frost" or frozen soil conditions were observed under the footing this data. Mr. Farrin was present during today's test observations. JAN _ 3 IW990 Bl LDJKIG DEPARTMENT Prepared by: Wayne H. Steck ©; May 30, 1990 TO: BOB REMINDER FROM DONNIE MANGANO RE: CHILDREN'S WORLD, RTE.114: The Plumber on the job told me that he would put soft "K" copper underground in accordance with the plans. When he then checked with his company, they said to ignore Mangano. They told me that the State said it was o.k. to use "L" and they would produce a letter from them attesting to that fact so, I allowed the project to continue. Also, they were informed by me that before the Final I would require a letter from the Architect a,►d owner of the building stating Type "L" is o.k. Remember --that their bid specified "K", not "L", as shown on the submitted plans and until the above is satisfied, there will not be a final inspection for Plumbing.