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.', 0� MORTM .. O�•..0 .•�y
OF NORTH,
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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'
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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
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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
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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
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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
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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