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HomeMy WebLinkAboutMiscellaneous - Chestnut Court (2)a - .', 0� MORTM .. O�•..0 .•�y OF NORTH, * * 'u«us , TOWN OF TOWN OF 4,•, "a •� ` NORTH ANDOVER CHU NORTH ANDOVER MASSACHUSETTS MASSACHUSETTS BOARD OF APPEALS BOARD OF APPEALS NOTICE NOTICE Notice Is hereby given TOWN OF NORTH ANDOVER Notice Is hereby given that the Board Of Appeals that the Board of Appeals will give a hearing at the MASSACHUSETTS will give a hearing at the Senior Citizen's Center Senior Citizen's Center located at the rear of the located at the rear of the Town Building, 120 Main Town Building, 120 Main Street, North Andover on Street, North Andover on Tuesday evening the 13th BOARD OF APPEALS Tuesday evening the 13th day of July 1993, at 7:30 day of July 1993, at 7:30 o'clock, to all parties Inter - o'clock, to all parties Inter- ested in the appeal of Elm NOTICE ested in the appeal of Elm Service Corp. requesting a Service Corp. requesting a ; variation of Sec. 4, Para - ;variation of Sec. 4, Para- graph 4,2 of the Zoning By graph 4.2 of the Zoning By Law so as to permit a varia- Law so as to permit a varia- tion of the Phased Develop - tion of the Phased Develop- ment By-law to permit home ment By-law to permit home builders to build more builders to build more homes than allowed on an f Notice is hereby given that the Board homes than allowed On an j annual basis on the prem- ; annual basis on the prem- r ises, located at the East ises, located at the East side of Chestnut Street. hearing at the Senior Citizen's Center 10C side Of Chestnut Street.: By Order of the By Order of the Board of Appeals Board of Appeals Frank Serb, Jr.: Frank Serio, Jr. , Chairman Town Building, 120 Main Street, North Andc,• Chairman E -T -June 23, 301993 E -T -June 23, 30,1993 evening the 13th day of July 19 93 , at 7:30 o'clock, to all parties interested in the appeal of Elm Service Corp. requesting a j variation of Sec. 4, Paragraph 4.2 of the Zoning By L; so as to permit a variation of the Phased DevekoI7pment Bylaw to permit home builders to build more homes than allowed on an annual basis on the premises, located at the East side of Chestnut Street. By Order of the Board of Appeals Frank Serio, Jr., Chairman Lawrence Eagle -Tribune Publish in the Ni ditbXM O fWiM on June 23 & 30, 1' r i I r Any appeal shall be filed Within (20) d:1,Ys after the gate of i:; i, C-1, t,'iS i •otice in the 0� i i - :4r Arum TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION 17 Irl Ll �+� 993 Date. 17, 1993, ..... . Petition No...033-9,3,,,,,,,,,,,,, Date of Hearing. August. 10,,, ,1.993. Petition of .... Elm.Servi.ce Corp ......................................................... premises affected ,the. East .side, of, .Chestnut .Street..... , . Referring to the above petition for a variation from the requirements of . Section, .4...... Paragraph..4.•.2.of. the. .ZQning.�y.law.................................................. so as to permit .a variation. of. the. Phased. Development .Bylaw..t.o .permi.t..the. home.... . builder. to. build . more..homes. than . allowed . on. an. annual. basis .................... . After a public hearing given on the above date, the Board of Appeals voted to .. GRAN.T .... the variance ....................... . ... and hereby authorize the Building Inspector to issue a permit to ..Elm .Service. C.orp........................................................... for the construction of the above work, based upon the following conditions: The allowance of a maximum of thirty (30) houses within this construction year. Signed Frank . Serio.,..Jr, , . Chaff zman...... . . I .. . William. Sullivan, .Vi.c.e-chairman ... Louis. ...........Rissin ..................... Robe.rt.Ford..................... ............................... Board of Appeals _ q, Any appeal shall be filed T. NORTH Withq'y OF tT�eo .6 O 0own Ice 3� h� ., 1- 70 in a Oi� SSACHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************** * Elm Service Corp. c/o John J. Nolan 853 Turnpike Street North Andover, MA 01845 * **************************** NO j `- 17 12 Auc Petition #033-93 DECISION The Board of Appeals held a regular meeting on Tuesday, August 10, 1993 upon the application of Elm Service Corp, requesting a variation of Section 4, Paragraph 4.2 of the Zoning Bylaw so as to permit a variation of the Phased Development Bylaw to allow the home builder to build more homes than allowed on an annual basis on the premises located at the East side of Chestnut Street. The following members were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Vice-chairman, Louis Rissin and Robert Ford. The hearing was advertised in the Eagle -Tribune on June 23 & 30, 1993 and all abutters were notified by regular mail. Upon a motion by Mr. Sullivan and seconded by Mr. Ford, the Board voted unanimously to TAKE THE MATTER UNDER ADVISEMENT. Then, upon a motion by Mr. Sullivan and seconded by Mr. Rissin the Board voted unanimously to GRANT the variance allowing construction of a maximum of thirty houses within this construction year. Dated this 17th day of August 1993. BOARD OF APPEALS Frank Serio, Jr. Chairman I% The Board of Appeals held a regular meeting on Tuesday evening, August 10, 1993 in the Senior Citizen's Center at 7:30 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Louis Rissin and Robert Ford. PUBLIC HEARINGS John & Nancy Bartlett Variances 92 Putnam Road The Legal Notice was read by Mr. Ford. Mr. Bartlett represented himself requesting relief of seven (7) feet for the side yard setback and twenty-four (24) feet for the rear setback in order to add a second stall to an existing garage on his property at 92 Putnam Road. Mr. Sullivan asked if the neighbors were in agreement with Mr. Bartlett's plans since there had been some problems. Mr. Bartlett stated they were. Abutters Miles Kelley, 95 Pembrook Road and Anthony Stubek, 76 Putnam Road stated they had no problems with this request. Mr. Sullivan asked if Mr. Fleishmann of 84 Putnam Road was in agreement and Mr. Bartlett stated he was. No correspondence and no one present was against this request. Upon a motion by Mr. Sullivan and seconded by Mr. Rissin the Board voted unanimously to GRANT the variance as requested. CONTINUED PUBLIC HEARINGS Elm Service Corp. Variance Chestnut Street At the request of the applicant this hearing was continued from the meeting of July 13, 1993. Atty. John Nolan represented the applicant requesting a variance of the Phased Development Bylaw seeking permission to build more than the allowed amount of homes in one year, or all 42 homes. The amount allowed to be constructed in one year is 25% of the total or ten houses per year. The project is now in the first year of construction. Mr. Nolan brought the Board up to date on the construction and spoke of some problems with the front slope. Reconstruction of that slope is to start on Friday, 8/13. Mr. Nolan stated the topography of the land is the hardship. Maintenance of the slopes has been a problem. Upon a motion by Mr. Sullivan and seconded by Mr. Ford the Board voted unanimously to TAKE THE MATTER UNDER ADVISEMENT. Dante Realty Trust Variance 485 Andover Street Because a quorum was not present the Board had to continue this hearing. Upon a motion by Mr. Sullivan and seconded by Mr. Ford, the Board voted unanimously to CONTINUE the hearing until September 14, 1993. M ZBA 8/10/93 Page 2 Rogers Park Realty Trust Variance 580 Osgood Street A letter asking for a continuance was not received. Mr. Serio asked that a phone call be made to Tom Laudani to request a letter for continuance. DECISION _Elm Service Corp. Variance Chestnut Street Upon a motion by Mr. Sullivan and seconded by Mr. Rissin the Board voted unanimously to allow construction of a maximum of thirty homes within this construction year. DISCUSSION Streamlining Procedures for Town Boards The Board briefly discussed the written recommendations given by Tom Cooney for the streamlining procedures. The meeting adjourned at 8:40 p.m. Frank Serio, Jr. Chairman JOHN J. NOLAN COUNSELLOR AT LAW 853 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845 (508) 689-8900 FAX(508)687-7821 July 12, 1993 Frank Serio, Chairman North Andover Board of Appeals Town Hall North Andover, MA 01845 re: Elm Service Corp. - North Andover Estates Dear Mr. Serio: Per my conversation, please continue the hearing on the petition of Elm Service Corp. until your next regularly scheduled meeting. Your cooperation is appreciated. cc: Ernest A. Gralia III Sincerely, '7 lq— Joh J. olan �� 12M NORTH ANDOVER Fir ONSERVATION COMMISSIOff JOHN J. NOLAN COUNSELLOR AT LAW 853 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845 (508) 689-8900 FAX (508) 687-7821 July 12, 1993 Frank Serio, Chairman North Andover Board of Appeals Town Hall North Andover, MA 01845 re: Elm Service Corp. - North Andover Estates Dear Mr. Serio: Per my conversation, please continue the hearing on the petition of Elm Service Corp. until your next regularly scheduled meeting. Your cooperation is appreciated. Sincerely, /V�� JohJ. olan cc: Ernest A. Gralia III Received k?y Town Clerk: REr DA,N1E( TOWN OF NORTH ANDOVEn , MA.SSAG`MSL'' r TO 'i c i L ri K BOARD OF APPMS N 0 R T ::f.DOV"ER APPLICATION FoR AEx TLF FROM THE ZONING bRDrU �C� /4SP cIS„ A3?p1,Cd11tAddress _ ,�-- Tel. No, 1, Application is hereby made: a) For a variance from the requirements of SoctiQn--� Paragraph 2 and Fable ,_ of t:he Zonj.l+g. Bylaws, b) For a nf,?(�ial. Permit udder Section of the Zoning AylAw.s. C) AS a Party A91rieved, for reviow of a docic ion mado by t11@ Builcling Inspector or other a. lthoi•itw - 2 , a) Premi aes affected aro land d )�>uildin (3) numbered b) Premises affected are property with fx'ont.�trje on the No th ( ) South ( ) East (X we' -St hC-sr� �� ,� Street. gtrtA-t, &hcl known. as X10.— Street, c) Pronises affected aro in Zoning Diet:rict "___ , and the prem7.S?!` affect=ed have an area of _,__ scluarc feet and frontage of fent. 3, ownership: �i Nume and address of owner (if �oint- ownership, 51VQ all nen 'S} i Datta of Purc�hac�.c _. rreviou Owner_ b) 1. Tf npplicatlt is ^lot owt�jer, interest in the premitsee; prosrect'ive. Purchaser LeGseE Other 2. Letter of authorization for Varianc-e/Spec:l.al Permit required. 4, Size of propuse-d building: front; __ reef. deQp� N19U storl��, a) Approximate 3dtr Qf erection: b) Occupancy or u5Q of caul-, Hoar.:.. ------ c) Type of ronc.truc.:tion: _ -- •--- .._..._. 5, Has there bee a previous appeal, under zoning, on these premises?G If so, when? 6,. Description of relief sought on this petition 7. Deed recorded in the Registry of Deeds in Book � Fuge ._._ Land Court Certif is -ate No. Book — VacfA --_ T) -ie principal points upon which l base my applicatir,ii are. as f-D11OWs; (must be stated in detail.) I aqr a) p$y th ft ing fe/a, advertisi.ny i� r tw�;�apez, and iIl leant & a� cpons ignature of Petitioner(4s) Ivery application for action by the Board shall be made on a form z►pproved by the Hoard. These forms shall he furnicahod by the C:lerX upon request. Any communication purporting to be an ttppljoation shall be treated as mere notice of intention to seek relief until such time as it is made on the official appliCatian i'orm• All information cal.l.ed for by the form shall be furnished by the applicant in the manner therein prescribed. l,very application shall be submitted witi� a list of "Partioa of 'Interest" which list shall include the perition,.r., abutters, owners of land directly opposite on any publi,-; vim` private street or way, and abutters to the abutters within three hv.ndrod feAt~ (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstan,_linq that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the P7 anrnin,j Board of every abutting city or town. *Every application shall be submitted with an applicr.1ri,on charge cost in the amount of $25-00. In addition, the petitioner shall be responsible for any and all costs involved in 1�3: �.nclzng the petition before the. Board. such costs shall include nailing and publication, but are not necessarily litni.ted to the,5e. Every application small be ubrlitted with a plan of la»ii approved by the Board. I3o petition will be brougl:l b4£ot-t the hoard unless said plan has been submitted, Copies of the Bdard1s requirements regarding plans are attached hereto or are available from the Board of Appeal,o upon request. Vee. 4/93 r t� UST OF PARTIES OF INTEREST PAGE 1 OF 1 SUBJECT PROPERTY. r M. .(�lr Mf% ,'n [I •`L:. NAME1 u H 1 la,.= i �. rrt YV J J H 11 y�'' ',i li: A nFj II�Vi wf/Y,Y N1�'�. r11.1 4\4 Y .. = 7 •R� z. Y 1' ,,:.,;ti, r ,., l , ' ADDRESS I� Aa s.. > Nor-kt^ Andover C's •4��'e S ARTTTTT+R Chestnut Street, North Andover, MA MAP; PARCEL FfY I --i.I1 I 7 1� NAME:`,, ,; sG re /, 7 t �•E1 KK .!'i:, 98B 20 3tephen & Mary Swenson 58 Holly Ride Road North Andover 38 251 MC Realty Trust John -McGarry, Trustee 1 '��P�T444—A-nf4m-&,%T- IY I St, North Andover i 98B 21 rimothy & Michelle Finnigan 80 Holly Ridge Road, NA Tr - 98B 14 Toseph & Ellen Anderson 125 Rea Street, NA 98B 17 Robert & Ka e Stanzione 73 Holly Ridge Road North Andover 98B 15 111 Rea Street, NA - Wjt , Gilbert 0. Rea 44 Rea Street 9 8 B 98B gr Josie Bredbury 710. Chestnut St NA 98B 10 Daniel Murphy,Maria Silva 20 Mill Road NA 98B 8 Steve and MAry Andreakis�w 30 Mill Road NA RtTS? 98B 6 Cyr Associates 100 Water.Street, Lawrence 01840 98D 65 General Store Trust Joseph Barba alio Trustee 1 Westward Circle No..Readinq 01864 98D 66 Island Piece Realty Trust Ben Osgood, Trustee 33 Walker Road, North 98D 57 lCharley Real Estate Trust B.C. & H.G. Osgood Trustees North Andover 98D 40 Rea Land Associates R.T. Benjamin Osgood, Trustee 33 Walker Road -North Andover 98D 98D 55 41 Ma num Realty Trust 3.A. Starr & C.T. Donovan Trustees 39 Bri hton Avenue, Allson, MA 01934 9 RD ii d kit l c toi••. � a�� 1 t � /J/ - A 7A , ft. f- S A Ne,L3. Uj'IS.j b ko(k (jw�t �Zc�� N�� A,..�b�ti, .o�Y141� a TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Elm Service Corp. 200 N. Main Street E. Longmeadow, MA 01028 Date: June '22, 1993 Dear Applicant: Enclosed -is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 12.76; for the following: Filing Fee Postage $ 12.76 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Linda Dufresne, Clerk E LO V co O C � ro m—� m D d m a ro CL a) Q U 0 C 00< C L M Z U a) a Tr MA f•4 "It IN 1•�.i �y •ri �.r?1 a) -J H �i O O �t U 00 ra O) +- O U a) a Tr MA f•4 "It IN 1•�.i �y •ri �.r?1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will give a hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday evening the 13th day of July 19 93 , at 7:30 o'clock, to all parties interested in the appeal of Elm Service Corp. requesting a variation of Sec. 4, Paragraph 4.2 of the Zoning By Law so as to permit a variation of the Phased Deveropment Bylaw to permit home builders to build more homes than allowed on an annual basis on the premises, located at the East side of Chestnut Street. By Order of the Board of Appeals Frank Serio, Jr., Chairman Lawrence Eagle -Tribune Publish in the on June 23 & 30, 1993