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HomeMy WebLinkAboutMiscellaneous - Chestnut Courtaas TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . _ .... March. 30:,..19.92 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on . Tuesday. . ... evening ...... the 14th. day of ... April . 1992. , at7 : 3 0o'clock, to all parties interested in the appeal of Parthenon. Devel.o.pment. Group, . Inc.../.Um. Seryice..Corp . requesting a variation of Sec.. 8...a. and. 8..5... . . of the Zoning By law so as to permit. , variation. of. .5.0. foot perimeter no. build . zone.,..frontage.,, .dimensional . and, set. back requirements. as. Ter .plan........................... ...................................................... ...................................................... on the premises, located at...the. east, .side - of. Chestnut. . Str.eet............................................... By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in the N. Andover Citizen on 4/1&8/92. LEGAL NOTICE LEGALNOTICE yr TOWN OF NORTH ANDOVER TOWN OF NORTH ANDOVER BOARD OF APPEALS 'BOARD OF APPEALS: : March 30,1992 Notice is hereby given that the Board o a .. AAarah 30.1082..- Notice is hereby giverrthatthe Board of Appeals give a hearing at the Town Building, North And ver, on Tuesday evening the 14th day will give a hearing,if 160 Town Building.. North - Andover, on TlreerMy..everdrlg the 14tl1 day d April of April 1992, at 730 o'clock, to all parties Interested in the appeal* of Parthenon Development Grouq Inc 1992. at 7:30OWMIr to d wed ti the. aDPeld of �~ 4' �- /Elm Service Corp, requesting a variation of Sec. 8.3 and 6.5 of the Zoning By Law �' so as to permit variation of 50 foot perimeter no build zone, frontage, dimensional andlL5oftheZAr�rr 8YLikrraoastoperrtthvVW tion of 50 toot perimeter no. txW Mrs. and set back maulremems as per plan on the premises, local- _ ed at the east side of Chestnut Street. dimensional end 80back ss Per P� —� the premisea J.oaated SIV09 -6881 aide of By Order of the Board of Appeals .on CtmeetrrrtSUeeCµw1 Frank Serb, Jr., Chairman '. Setb k� Cts► ' .1 ' NAC: 41' -&4/8/92 - NAC%311 a 418f82p - Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS 6M!Q8onl AP?PLICATION FOR RELIEF Fitom nits. REQUIREMENTS OF THE ZONING ORDINANCE Parthenon Development Group, Inc./ 853 Turnpike Street Applicant_ Elm Service Corp_----------- Address North Andover, MA 01845 I. Application is hereby made: a) For a variance from the requirements of Section 8,3 Paragraph " Height— _stories; -_feet. See singe and Table of the Zoning By Laws. b) Occupancy or use of cacti floor: Residential C) Type of construction: Wood Frame and 8.5 b) For a Special Permit under Section Paragraph of the Zoning a) Approximate date of erection: By Laws. b) Occupancy or use of each floor: -- c) As a Party Aggrieved, for review of a decision made by the If so, when? Building Inspector or other authority. 2. a) Premises affected arc land and building(s) numbered --on_Chestnut___X^_street.g -- . b) Premises affected are property with frontage on the North ( ) south ( ) East (X) west.( ) Sine of C_h_e_stnut______ Street, and known asStreet _ C) Pxemises affected are in Zoninq District an(] the premises affected have an area of M£r c feet_ -and frontar;c of �140__feet. -49.5' ------- 3. Ownership a) Name and address of owner (if joint ownership, give all names): Parthenon Development_Group,/Inc_/Elm Service Corp___'—_ Date of Purchase 3-16-88 Previous owner Reb Sarah Trust b) If applicant is not owner, check Iris/her interest in the premises: --Prospective Purchaser _—_Lesee Other (explain) 4, Size of proposed building: front; feet deep; " Height— _stories; -_feet. See singe family homes per plan a) Approximate date of erection: May 15, 1992 b) Occupancy or use of cacti floor: Residential C) Type of construction: Wood Frame 5. Size of existing building: N/A feet front; feet dc.( -1); height__--stories;---- a) Approximate date of erection: b) Occupancy or use of each floor: C) Type of construction: G. Has there been a previous appeal, unrlr�r zoning, on NO thc:;r. prcmisen? If so, when? • !,7,� Description of relief sought on 'this petition '5.0 foot perimeter no build zone, frontage, dimensional and''set back requirements as':,perp1'* i :, ;, ----------- Deed recordedin the Registry of Deeds in Book••'''�69.3 Page 20 • .!1•. :Land.Court Certificate No. Book Page •'?The principal points upon which I bas e.my application are as follows: "'' (miust be stated in detail) I •.%b ' _.The Planning Board requested that I seek this rel4ef'from the Board' of ' App ea s o a it ow t lie best residential deve o men ..on this drumlin. ;.soil s o e ano�o�raN .y require tFe reliet in order To minimize cut and i I P, an—provide for more open space. • I agree to pay the Filing fee,_ -advertising :_n_. newspa.per.,_,.and _incidental ;expenses* P artlienon Development Group, Inc. Elm Service Corp i by — b )igratdre of Petitioners ' Every applicati for action by the Board shall be made on a form npproved by.. the Board. The8c forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere ' 'notice of• intention to seek relief untiL such time•as it is .made on tlte.� • _IiofficiaL application form. ALL information called .for by the form shall ' ':..•� be furnished by the applicant in the manner�herein::prescribed. t ••-,Every-application shall be submitted with a litof "Parties In Interest". ;which list shall -Include .the petitioner, abutters, owner. of Land directly :opposite on any public or private street or way, and abutters to the ;abutters ;within: three hundred feet (300' ) of the property litre of the • `petitioner as they appear. on the most recent applicable tax list, :notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town,, and the Planning Board of ; •';.,: .;every, abutting city or town. *Every application shall be submitted with an application charge cost in :the amount -of $25.00. In addition, the petitioner .hall be responsible`;" ' ;for any. and all costs involved in bringing the petition before the Board.• Such_costs shall include inailing and publication, but are not necessarily.'.":::.� limited to these. Every application shall be submitted with a plan of land approved by the Doard.• No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached'hereto or are available from the Board of Appeals upon request.' t LIST or PAII'i'IES IN INTEREST �%sc A/�x i Any appeal shall be filed within (20) days after the date of firing of tl;is Notice in the Office of. the, Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ***************************** * Parthenon Development Group/* Elm Service Corporation 853 Turnpike Street North Andover, MA ***************************** r:1` C1Airtr_t_ t..�J,G t' No1R%Lt Nz�UYE4t Petition #015-92 DECISION The Board of Appeals held a regular meeting on Tuesday, April 14 continued to May 12 and June 9, 1992 upon the application of Parthenon Development Group/Elm Service Corp. requesting a variation of Section 8.3 and 8.5 of the Zoning Bylaw so as to permit relief of a 50 foot perimeter no build zone, and frontage, dimensional and set back requirements on the premises located at Chestnut Street. The following members were present and voting: Frank Serio, Jr., Chairman, Walter Soule, Clerk, Anna O'Connor and John Pallone. The hearing was advertised in the North Andover Citizen on April 1 and 8, 1992 and all abutters were notified by regular mail. Upon a motion made by Mrs. O'Connor and seconded by Mr. Soule the Board voted unanimously to GRANT the variances as per plan of North Andover Estates dated April 21, 1992 as revised May 12, 1992 by Thomas E. Neve Associates, Inc. The Board finds that the granting of these variances is in harmony with the general purpose of Section 10.4 of the North Andover Zoning Bylaw and will not adversely affect the neighborhood or derogate from the intent of the Bylaw. The Board finds that owing to slope and the topography of this parcel of land, but not affecting the zoning district in general, a literal enforcement of the provisions will involve substantial hardship to the petitioner. Relief can be granted without derogating from the public good. The petitioner will be required to adhere to the erosion control requirements of the North Andover Conservation Commission, Planning Board and Zoning Enforcement Officer. In addition, the phased development of this proposal will minimize the adverse affects of hillside development. This decision hereby includes the Planning Board Orders of.. Conditions: * Special Permit dated, June 4, 1992, issued by the Planning Board. * Definitive Subdivision dated June 5, 1992, issued by the Planning Board. This decision hereby includes the North Andover Conservation Commission Order of Conditions: * File No. 242-585 dated June 2, 1992. Dated this 16th day of June, .1992. BOARD OF APPEALS Frank Serio, Jr. Chairman .Any appeal sha!I be filed within (20) days after the date of fi ng of this Notice -in the Office of. the Town Clerk. ON APSILr• ;: tris TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION FiECE1VEfl DANIEL LONG 10,W4 CLE0 1401M "U'OVER Jur+ 0 10 5B 0192 Date ...June. 16, ,1992........... Petition NO.....Q15-92............ Date of Hearing...�Iune, Petition of . Parthenon Development. Group/Elm. Service, Corporation , . , , .. , Premises affected .. Chestnut. Street........... ....................................... Referring to the above petition for a variation from the requirements of .Section . 8.3 . and 8.5 of the.Zoning..Bylaw............................................................. so as to permit . relief. .of. a. 50. ,foot. perimeter. no ,build. zone. and. frontage.,..limen s,ional.and,set. back.requirements.................................................. After a public hearing given on the above date, the Board of Appeals voted to ..G.FMT ..... the variances .......................... and hereby authorize the Building Inspector to issue a permit to . Parthenon Development. Group./.Elm. Service . Corporation ................... . for the construction of the above work, based upon the following conditions: This decision hereby includes the Planning Board Orders of Conditions: * Special Permit dated June 4, 1992, issued by the Planning Board. * Definitive Subdivision dated June 5, 1992, issued by the Planning Board. J*A�'jw�' This decision hereby includes the North Andover Signed 1-4 Conservation Commission Order of Conditions: ......... Frank..5erio,..Jr.,......Man ...... * File No. 242-585 dated June 2, 1992. ........ Walter.Soule,.Clerk .•........... ........ Anna.O.'Connor.................. ...... J.ohn.Pallone.................. ................................. Board of Appeals 14- o f Ar P P Ct A- 7,..S VArigevcrLs w S^� O O -r P 1-r% L- N o Q V 1 L. Lo-rt� Z> 3� lsI'7� I1� IZ,t tat ts'� 19) Z. o� 7.1) Z.(, IS, 7,91 301 3►� 3 z� 33� 3st 3(. ANS yZ 3 , F P- o NTS► Cri 7,1, St lm�� iS1 t'1�►$1 y P4R PLAQ OCA �kkl%.'•��� Z 11 t95 Z IL 7-L. tVVt`{ tl lg4Z �..1 7-7,. s Nom¢ sSoc��%Es� ANG. t .LIST OF PARTIES OF INTEREST PAGE —L—OF SUBJECT- PROPERTY . �U, I NAME. nt PRD lRosemoChestnut Street, North Andover, M. -- r ART177FRS :MAP. N% OE N� Z 98B <�:...2 0 to hen &.Mary Swenson 58 Holly Ridge Road, North Andover 38.w. 251 ZMC Realty Trust John McGarry, Trustee, 98B . ........................... 401 Andover -S-t. North Aildover 98B If 98B..- 21 rimothy & Michelle Finnigan 80 Holly Ridge R6ad,',NA 38'. 29 -.rpni-pr T,g�wr - rnmTn Anf-pnna 466. Essex Si- f)l 8-4n ggg 14 Tosenh & �Ilen Anderson 125 Rea Street, NA 98B 17 Robert . & Kaye Stanzione 73 Holly Ridge Road North Andover 98B 15 Robert & Lorraine Madden 111' Rea Street, NANom-0 wit---f1Am / SAmt AIDWUm.L&VCASA 14 98B. 2G filbert 0. ReaNow / 44 Rea Street &j,A, o t s4.v 98B. 3)Aaja4. of . . VejV0-+-"eA 98B 9 98B 9 -Vosie Dredbury .710 Chestnut St, NA 98B 10 Daniel Murphy,Maria Silva 20 Mill Road NA 98B. 8 ...Steve and MAryAndreakis 30 Mill Road NA 98B 6* Cyr Associates 100 Water.Street, Lawrence 01840 98D 65 General Store Trust Jose ph -- Barba gallo, Trustee 1 Westward Circler No,.Reading 01864 98D. 66 Island Piece Realty Trust Ben Osgood, Trustee 33 Walker Road, North Andover 98D 57 Charley Real Estate Trust B.C. & H.G. Osgood Trustees 33 Walker Road, North Andover 98D 40 Rea Land Associates R.T. Benlamin Oscrood, Trustee • 33 Walker Road , -North Andover 98D 55 Magnum Real ty Trust 3.A. Starr & C.T. Donovan, Trustees 98D 41 39 Brighton Avenue, Allson, MA 01934 9 RT) Jv. A. . 1 r4O4asL to GISS, 13 1`A1 A. LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A LANE JOYCE FRANK JOHN W GIORGIO BARBARA J SAINT ANDRE JOEL BARD RICHARD J FALLON WILLIAM HEWIG III EVERETT J. MARDER JANE M O'MALLEY PATRICK COSTELLO KAREN V KELLY DEBORAH A. ELIASON JUDITH C. CUTLER ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS BRIAN W. RILEY RAYMOND C. PORFIRI KOPELMAN AND PAIGE. P.C. ATTORNEYS AT LAW 101 ARCH STREET BOSTON. MASSACHUSETTS 02110-1137 July 9, 1992 Planning Board North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Kenneth W. Rea v. Elm Services Corporation, et al. (North Andover Planning Board and Board of Appeals) Essex Superior Court C.A. No. 92-1994 Dear Members of the Planning Board: JOSEPH I. MULLIGAN OF COUNSEL 16171 951-0007 FAX 16171 951.2735 NORTHAMPTON OFFICE 14131 585-8632 I am writing to confirm that the above matter has been voluntarily dismissed as of July 8, 1992, the date when a Stipulation of Dismissal was filed in Essex Superior Court. This case involved the appeal of a subdivision approval and a special permit granted by the Planning Board and variances granted by the Board of Appeals. By virtue of the dismissal, these permits or approvals may now be certified or endorsed as final. Do not hesitate to contact me if you have any questions regarding this matter. JBB/j a cc: Board of Selectmen Board of Appeals Very truly yours, el B. Bard PRINTED ON RECYCLED PAPER Rt141` 1YIV9 Wi L L84G COMMONWEALTH OF MASSACHUSETTS llCit Esse,, t10( Trial Court of Massachusetts Department of Superior Court JUL !B 12 50 P '51 Essex Division Docket No. 92-1994 Kenneth W. Rea Plaintiff * Stipulation of Dismissal Pursuant VS. * to Rule 41(a)(i)(ii) * Elm Service Corporation, et al. Defendants ***************************** Pursuant to MRCP Rule 41 (a) (i) (ii) , the parties have stipulated that the above -entitled matter be dismissed as to all parties with prejudice. All parties hereby waive all further -right of appeal. Dated: Dated: % � -? / `j Z Dated : `? / -� / 9, Z Dated: DATE: 7/f/ / Z RIGINAL FILED IN ESSEX SUPERIOR COURT Ralph Jo�65;.— orney for Plaintif , Kenneth W. Rea Parthenon Development Group, Inc. Y:JohnAl an and Treasurer Elm Services Corp. y: Ernest A. Gralia, III " dent and Treasurer KopXelman and Pare Attorneys for Defendant, Town of. North Andover Memorandum TO : Zoning Board of Appeals FROM : Richard Doucette, Conservation Administrator DATE : April 14, 1992 RE : North Andover Estates 120 Main Street, 01845 (508) 682-6483 A request for variances for North Andover Estates (formerly Rosemont) is on your agenda this evening. I would like to offer the following the recommendation on this request. This project is now before both the Planning Board and the Conservation Commission for various approvals. I am generally in favor of the applicant's variance request since their hardship is indeed based on the appropriate criteria: "soils, slope or topography". The reason for smaller lots is to minimize construction on the steep slopes found on the hillside. This approach is a sensible one. My only concern is that the applicant continues to show construction on steep slopes; particularly lots 31, 32, 37 - 41. This project could have considerable environmental impact and is in need of waivers from the Planning Board and variances from the Zoning Board of Appeals. As I have stated to the applicant, I cannot fully support this project (or their waivers and variances) until more construction is removed from the steeper slopes. I would ask that both the Zoning Board of Appeals and the Planning Board do whatever is within their jurisdiction to condition the project so as to limit construction on steep slopes. CC : Karen HP Nelson NOwTI, KAREN H.P. NELSON° Town of Director a NORTH ANDOVER BUILDING 8e+„`� CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT Memorandum TO : Zoning Board of Appeals FROM : Richard Doucette, Conservation Administrator DATE : April 14, 1992 RE : North Andover Estates 120 Main Street, 01845 (508) 682-6483 A request for variances for North Andover Estates (formerly Rosemont) is on your agenda this evening. I would like to offer the following the recommendation on this request. This project is now before both the Planning Board and the Conservation Commission for various approvals. I am generally in favor of the applicant's variance request since their hardship is indeed based on the appropriate criteria: "soils, slope or topography". The reason for smaller lots is to minimize construction on the steep slopes found on the hillside. This approach is a sensible one. My only concern is that the applicant continues to show construction on steep slopes; particularly lots 31, 32, 37 - 41. This project could have considerable environmental impact and is in need of waivers from the Planning Board and variances from the Zoning Board of Appeals. As I have stated to the applicant, I cannot fully support this project (or their waivers and variances) until more construction is removed from the steeper slopes. I would ask that both the Zoning Board of Appeals and the Planning Board do whatever is within their jurisdiction to condition the project so as to limit construction on steep slopes. CC : Karen HP Nelson TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Dear Applicant: Date: April' 1, 1992 Enclosed. is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 11.60 for the following: I 0° Filing Fee Postage Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 t1ain Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS 4101 A � 4� Linda Dufresne, Clerk y m . m � ®., �� . ] �a k , m » � O . � � . � .�. _ 44 2 � a ` r : \ � $ c_ C) o§ ~� 21 k ' , � :3 / ` §f . :c a« r- 0 oft. % Aran• 1886 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 1T ATT/1T .... _ . March. 30.,..19.92 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on .. Tuesday . . ... evening ...... the 14th. day of ... April . 1992. , at7 : 3 0o'clock, to all parties interested in the appeal of Parthenon . Develapment . Group , . Inc. -./.Elm. Service Corp . requesting a variation of Sec.. 8...3 . and. $ . 5..... of the Zoning By Law so as to permit.. variation. of. .50. foot perimeter no. build. zone.,..frontage.,..dimensional . and. set. back requirements. as. .per. plan ........................... ...................................................... on the premises, located at...the. east. .side. of. Chestnut. . Str.e.et............................................... By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in the N. Andover Citizen on 4/1&8/92. I Ana1w lass TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ...... March. 30;,..19.92 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on .. Tuesday . . ... evening ...... the 14th. day of ... April ............. 1992. , at7.:30o'clock, to all parties interested in the appeal of Parthenon.Devel.apment. Gr.oup, .Inc..J.Elm.Serpice..Corp . requesting a variation of Sec.. 8...3 . and. B.- S..... of the Zoning By Law so as to permit.. variation. of. .5.0 . f oot perimeter no.build. zone.,..frontage_,..dimensional and set back requ.ir.ements. as..per. plan ........................... ...................................................... on the premises, located at ... the. east. .side. of. Chestnut. Str.e.et............................................... By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in the N. Andover Citizen on 4/1&8/92.