HomeMy WebLinkAboutMiscellaneous - Exception (565)R� � l79 J 90 - ,S963
AUG X809 i
BOARD OF APPEALS
Town of North Andover
Zoning Board of Appeals
August 11, 2009
I am writing this letter in hope that the board will take a few moments to consider
our thoughts on the current Boston Hill development proposal, and thank you in
advance for your time.
We live at 1057 Johnson St.and though we are not direct abutters to Boston Hill we
have views of Rte. 114, Boston Hill and Uncle Bob's storage facility. We are also
writing on behalf of Eileen Allen of 1208 Turnpike St, an abutter to Boston Hill for
many years.
Our first thoughts on the current proposal is that development only of the base of
the hill is probably the best use of the property and hope any variances require to
do so has the preservation of the hill in mind and not intended to make room for
additional structures to be constructed up hill at some point in time.
Our second thought is the height of the structure. We hope the board will consider
holding that height to the current allowable level.
We ask this simply because we have already had a slow intrusion to our backyards
from the Uncle Bob's facility. When Uncle Bob's was originally constructed the town
and the developer did a great job in regards to buffers, color, and lighting. Since
then the colors on the buildings have changed, sections of trees have disappeared
and it seems much brighter lighting has appeared recently. We have been able to
make adjustments on our property to offset some of the light and privacy intrusion
for the current 3 story structure but feel we would be unable to do the same for a
building as large and as tall as the one proposed at Boston Hill.
Again, thank you for your time and consideration of our concerns on this proposal.
Raymond Allen 1057 Johnson St.
Eileen Allen 1208 Turnpike St..
Town of North Andover, Massachusetts
ZONING BOARD OF APPEALS
CERTIFICATION PURSUANT TO G.L. c. 39, SECTION 23 D OF
PARTICIPATION IN A SESSION OF AN ADJUDICATORY HEARING WHERE
THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION
[Note: Can only be used for missing one single hearing session; cannot be used for missing
more than one hearing session.]
Is Lg" te),hereby certify under the pains and penalties of perjury as
follows:
1. I am a member of said Board.
2. I missed a hearing session on the matter of Petition of Elm Street Development
Services, LLC which was held on August 11, 2009.
3. I reviewed all the evidence received at the hearing session I missed, which
included a review of (initial which one(s) applicable):
a. audio recording of the missed hearing session;
b. X video recording of the missed hearing session;
C. a transcript of the missed hearing session;
d. exhibits accepted at the hearing session.
This certification shall become a part of the record of the proceedings in the above matter.
Signed under the pains and penalties of perjury this 8th day of September, 2009.
Name:
Received as part of the record of the above matter:
Date: 'qlefo-q.
By: f'
Position:
V
aw NOILdI3K m
QZOt0 V14 IY1OMMN01 1SV3
133HIS NIVA NlilON OOi
-TI'l IMAM IN3WdOl3A30 wl3
7u"1dd/
ww 'a3Ati0NV KMN
b9AOaNV Hl>y0N ltl Sb08atl 3Hi
�-� N 'e
C � c� �'. �
= c
O m C
E
O = a E
= _
��
hm w a o. m
OF M
NA
t2 el
C
rl
&
x
E-
.
Q
X1.1
A, NVId L81HX3
AINO Un ARLS193H
-W msu
a
V
E-
.
Q
X1.1
100,
.Lti'09l \
MWzosz!i5s'
/ ^
N�
•• \ \
m
3N
-/� �lt/3d0ltd ,
.t 'LZF Mu�'Zi ��Ss
Y)� �N
It
Val
\IalTMara>3Sy�
l
LLI
1LLI
1
It
ci t6
0)00 d
�- `` \ Wyy
1
to
vciq
40 to
\`., \\\ \\ `\ \` \ \ \ Q rtoa
' V pew
` r0�0 ��
\\ d' a0\ �Z O
CU ` it
\ UW N
7 C\ ` \ \'Lo
/
\ \
\ i
\ \� 1, I CNf
00
CD 11`00 I•�\\.-`_e\� n a
CN
z :tbb
Z c ,6 r7 \' 1 s t• tt . \ \ 1 f
W Q N `� \ ' ' ice+
� 1.. N�J � •,'�` \^ ,`\ `\\'•.. \ 1 s� 1. ,yt \, t ,�� tt t , It,,gi i •1+ \' \ I + t.. `5
cn o 2
'
o t 1
N I' W
O 1�0
all I! O .l NO
C4 to
c] ,
..
Y
a
W
Q
U)
RT
vq
vqW
w
I
Lo
LLI
o 0
E
o L 0 0
MO
0
0-
M A
LL ppV
c
CD
C%j
C14
lu
E
fD 41
1:
w
Girls
.,4
HE
I
f
�y mrmaQurc
�rrr r
Ar
„
r a.s...
s awal
40
■ � iNwrtu�t NAP
t i11l1-m'" ii11t 1�"Utr;M ft�li��� •
aiii�it�� � �� • 1
ami
s
•
t �
July 15, 2009
Mr. Gerald Brown
Zoning Enforcement Officer
Town of North Andover
1600 Osgood Street
North Andover, MA 01845
ELM
D E V E L O P M E N T
REFERENCE: APPLICATION FOR VARIANCES
1275 TURNPIKE STREET (BOSTON HILL)
Dear Mr. Brown:
Accompanying are the following documents regarding our Application for Variances:
1) A check to the Town of North Andover in the amount of $150.00 representing
payment of the administrative fee (residential — variance).
2) A check to the Town of North Andover in the amount of $44.32 representing
payment of the cost of first class, registered, return receipt mail for the legal
notice mailing.
3) Eight (8) first class postage stamps.
4) Four (4) copies of abutters' names on mailing labels.
5) The original Application form together with ten (10) copies thereof.
6) A Memorandum dated July 15, 2009 from Elm Development Services, L.L.C.
addressing points A through F referred to in Section 9 of the Application, together
with ten.(10) copies thereof.
7) An Owner's Affidavit and Designation of Agent from the owner of the property
authorizing Elm Development Services, L.L.C. to appear before the Zoning Board
of Appeals, together with ten (10) copies thereof.
8) Eleven (11) copies of the deed denoting Boston Hill Development, LLC as the
owner of the property.
9 Certified Abutters List together with ti(n )co ies thereof.
10) Building elevation plans and interior floor plans (two full-sized sets and eleven
11 "x17" copies).
ELM DEVELOPMENT SERVICES, INC.
200 NORTH MAIN STREET
EAST LONGMEADOW, MA 01028
PHONE: 413-525-8344
FAX: 413-525-0313
:i,J'
Mr. Gerald Brown
Zoning Enforcement Officer
Town of North Andover
July 15, 2009
Page 2
11) The following plans stamped by Marchionda and Associates, L.P. (two full-sized
sets and eleven 11 "x17" copies):
A) Setback Variance Plan.
B) Building Height Variance Plan.
C) Abutters Plan.
Please note that these plans contain the information referred to in the North
Andover Zoning Board of Appeals Checklist for Applicants.
If you have any questions concerning this Application submission, please give me a call.
Very truly yours,
ELM DEVELOPMENT SERVICES, L.L.C.
Ernest A. Gralia, III
Encls.
of
73
inte
of
.1
m
IMAnd6veir;
dei h
11 th
od
a-1 e s
p
the - , etition
v,e'l.o:p eni
AmrnpjK&Street,"N
'. ne
'A d6�
-st,- w ill beveloprh
pnt
LLC � t . t
,.pe I. ion
requesting a "p'erirp-bibj
"
setback ' d11 M e n 81 ng.,
variance from: the
on
nal
variance' -6 114
setback,i-,f "I �:
90� 171106-1:� Of
iTable ,"2,,and a ;variance
from height, S- 0
�ebti" n,
P
frbrthe Nortfi'
"
'If,, -Bylaw.
Andover' .", 6 HIM' - Vlaw,
_0 ritinuing
for ectio
Care Retirement :Center.
The 3.1-prpmrses'
ec
tird'oth
"
affected` iv�',
r o n ta T,6'r n pik,
Street;,.within
Village
Residential
Istridt-
Applicationv and sup
p61'lifigt', mate'rials
are
available"fo',
r rev ewatjhe
,loffIt"
D6 Men t -00
Osgood
s t; �r e
orth
,-A A &-A A
Town of North Andover
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chairman
Associate Members
Ellen P. McIntyre, Vice -Chairman
Thomas D. Ippolito
Richard J. Byers, Esq. Clerk
Daniel S. Braese, Esq.
Joseph D. LaGrasse
Michael P. Liporto
Richard M. Vaillancourt
Zoning Enforcement Officer
Gerald A. Brown
The North Andover Board of Appeals will be reviewing an application
for the property known as "Boston Hill" on Tuesday evening, August
11, 2009 at 7:30 p.m. at Town Hall located at 120 Main Street.
Attached is the legal advertisement for this public hearing.
As an abutter to the proposed project you will have an opportunity to
speak and be heard in regards to the project. The plans and application
are on file in the Zoning Board of Appeals Office located at 1600
Osgood Street, North Andover.
If you have any questions please contact Jerry Brown, Inspector of
Buildings at 978-688-9545.
LICE
ECA}': ,
I�ORTHANDVER ;J
8QARD'OF 40PEALS
Notice is hereby given
that the Board of
Appeals Will hold a public
hearing at`,North Andover
Towns Hall, 120'i;n
Street, North Andover;
MA on Tuesday -,the 11th-
of August, 2009,. at,
7 30PM to. aII' parties
interested in the petition
' of E1in Deyelopinent
Services, LL�C,'for prop-
'
erty ;Iocg tedat X275
'urnpike Street" Noah
Andover„ 1ownedz„ by r
Boston Mill Develgpment;
LLC# ;The' petitioners is
rhequegmg,,a perimeter,'
setba k'.imensional`
variance from the .front
setback; > Section
13 5 d{1;'a dimensional
variance fro:rn Rfe 1:14
$
etback; ,footnote'.1 ':of
Table =21 , aril a ,variance
from 'height, Section
135 d.'3 from the: North
Andover Zoning'''Bylaw.,._
3,CntinuectionlfoSing
Care Retirement .Center.
The ksaid `premises
affected 's property with
frontage 4o�n Turnpike
Street, wh6in. the Village
Residential pistnct:
Application and sup
portingrnaterials are
availablelfor review�at the
o`fi#ice :eof 'the Zoning
Depart'man.t 1600
Osgood Street;. North
Andover, MqI Monday.
throug`hursdajr from'
they hours of900{ AM to,
2'00. PM.
By order of the`
Board`,of App'
als.s
AlbertP Manzi
jChairmaW
8/3/09
PLANNING DEPARTMENT
Community Development Division
1.600 Osgood Street
North Andover, Massachusetts, 01845
August 4, 2009
Zoning Board of Appeals
1600 Osgood Street
North Andover, MA 01845
REFERENCE: Application for Variances
1275 Turnpike Street (Boston Hill Property)
Dear Zoning Board of Appeals Members:
Elm Development Services, L.L.C., is proposing to develop a 125 -unit Continuing Care retirement Center
on the Boston Hill property. The applicant has appeared before the Planning Board on several occasions
during the past 6 months, most recently on June 16, 2009, to discuss their application for a Special Permit
under the CCRC Bylaw. During these meetings, the applicant has presented several building designs as
well as site configurations. The most recent design included a building with a pitched roof. The Planning
Board stated their support for the roof design, as they felt it would be compatible with the architecture of
the local residential neighborhood and that it would easily blend in with the topography of the site. The
Board also expressed their support for the inclusion of the porte cochere, recognizing that it is an integral
component of a building designed for the elderly. Both of these design components will minimize
intrusion into the significant slope on the property, thus minimizing changes to the topography of the
parcel.
The Planning Board has been pleased with the cooperation and communication from this applicant, in
their efforts to work with the Board on a compatible architectural design and a site plan that results in
minimal disturbance to the significant slope on the property. The applicant also worked successfully with
the town to restructure the Conservation Restriction to reflect the new site plan.
The Planning Board supports the applicant in their request to the Zoning Board of Appeals for a height
variance for the pitched roof, as well as a setback variance for the porte cochere. We believe that the
variances are in the best interest of the design of the project, that they will minimize changes to the
topography, and that this design will positively impact the surrounding neighborhood and the town as a
whole. The Board looks forward to working with this applicant on a development that we hope will be an
asset for the town.
Very truly yours,
IV ohn Simons, Chair
Town of North Andover Planning Board
C
THE GIRAIEIIA GISOUIP
VIA FEDERAL EXPRESS
July 15, 2009
600? 0 7"
Mr. Gerald Brown
Zoning Enforcement Officer
Town of North Andover
1600 Osgood Street
North Andover, MA 01845
REFERENCE: APPLICATION FOR VARIANCES
1275 TURNPIKE STREET (BOSTON HILL)
Dear Gerry:
As discussed, accompanying is the signed original of Page 3 of 4 signed by the
landowner.
Very truly yours,
T
C
Encl.
THE GRALIA GROUP
200 NORTH MAIN STREET
EAST LONGMEADOW, MA 01028
PHONE: 413-525-4585
FAX: 413-525-0313
6 D. Required Lot. (As required by Zoning Bylaw & Table 2)
Lot Area Open Space Percent Lot Frontage Parking
Sq. R. Sq. Ft. Coverage Feet Spaces
1,089,000 50% 25% max 250 min 1& t
(2 ac (125)
7A. Existing Building(s): NONE
Ground Floor Number of Height Total
Square feet Floors Sq. feet
Minimum Lot Setback *
Front Side A Side B Rear
100' 100' 100' 100'
*(100' perimeter setbacO—
Use of
Building"
*Reference Uses from the Zoning Bylaw & Table 1. ""Sfate number of units in building(s).
7B, Proposed Building(s):
Ground Floor Number of Height Total
Square feet floors Sq. feet
23,980 4 49'-2" 135,454
8. Petitioner and Landowner signature(s):
Use of
Building"
Continuing Care
Retirement en er
Number
of Units"
Number
of Units""
125
'Reference Uses from the Zoning Bylaw & Table 9.
—State number of units in building(s).
Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Cvery
application shall be fried with the Town Cierk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shalt be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by -the Zoning Board of this application as incomplete.
ELM DEVELOPMENT SERVICES, L.L.C. Boston Hill Development, LLC
Signature: By: By
Type above name s) here: Ernest A. Gral ia, III Anthon Mesio
Page 3 of 4
`1d9c ON10-line
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VA RIAN C E
6002 9 L lnr
6 B. Existing Lot:
Lot Area Open Space Percent Lot
Frontage
Parking
MVi WIM dot �S k
.. t.
Sq. Ft. Sq. Ft Coverage
Feet
Spaces
—i1 r � N, .
Front Side�A Srd� Rear
1,452,596 1,452,596 n/a
1,123
n/a
n/a n/a n/a n/a
(33.34 acT
66 C. Proposed Logs):
Lot Area Open Space Percent Lot
Frontage
Parking
Minimum Lot Setback
Sq. Ft. Sq_ FL Coverage
Feet
Spaces
Front Side A Side B Rear
1x4521596 75% 3%
1,123
.96
73' 600+/-' 140+/-' 900+/-'
6 D. Required Lot. (As required by Zoning Bylaw & Table 2)
Lot Area Open Space Percent Lot Frontage Parking
Sq. R. Sq. Ft. Coverage Feet Spaces
1,089,000 50% 25% max 250 min 1& t
(2 ac (125)
7A. Existing Building(s): NONE
Ground Floor Number of Height Total
Square feet Floors Sq. feet
Minimum Lot Setback *
Front Side A Side B Rear
100' 100' 100' 100'
*(100' perimeter setbacO—
Use of
Building"
*Reference Uses from the Zoning Bylaw & Table 1. ""Sfate number of units in building(s).
7B, Proposed Building(s):
Ground Floor Number of Height Total
Square feet floors Sq. feet
23,980 4 49'-2" 135,454
8. Petitioner and Landowner signature(s):
Use of
Building"
Continuing Care
Retirement en er
Number
of Units"
Number
of Units""
125
'Reference Uses from the Zoning Bylaw & Table 9.
—State number of units in building(s).
Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Cvery
application shall be fried with the Town Cierk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shalt be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by -the Zoning Board of this application as incomplete.
ELM DEVELOPMENT SERVICES, L.L.C. Boston Hill Development, LLC
Signature: By: By
Type above name s) here: Ernest A. Gral ia, III Anthon Mesio
9
MEMORANDUM
TO: Town Of North Andover Zoning Board of Appeals
FROM: Elm Development Services, L.L.C.
DATE: July 15, 2009
SUBJECT: Variance
Section 9 — Variance Application, points A -F: 5 pages
A. DESCRIPTION OF USE AND VARIANCES REQUESTED.
Elm Development Services, L.L.C. (the "Applicant") intends to develop and construct a
125 -apartment Continuing Care Retirement Center (the "CCRC") at 1275 Turnpike Street (the
"Property"). The Property, which is the site of the former Boston Hill Ski area, is located within
a Village Residential District. Section 13 of the Zoning Bylaw of the Town of North Andover
1972, Last Amended July 13, 2008 (the "Zoning Bylaw") provides that the use of property
located in a Village Residential District as a Continuing Care Retirement Center is allowed by
special permit.
The proposed building is a four-story structure with a 49 foot -2 inch high pitched style
roof, and has a porte cochere at the front entrance of the building which extends 27 feet into
the 100 -foot perimeter and Route 114 setbacks. The proposed building exceeds the building
height limitation in the Zoning Bylaw and does not meet the perimeter and Route 114 setbacks
required by the Zoning Bylaw. The Applicant therefore seeks the following dimension variances:
(1) A variance granting relief from Section 13.5.d.3 of the Zoning Bylaw which
requires a building height of no more than three (3) stories or thirty-five (35) feet. The
proposed building exceeds this restriction by one (1) story and fourteen plus (14+) feet.
(2) A variance granting relief from Section 13.5.d.1 of the Zoning Bylaw to allow the
construction of a porte cochere seventy three (73) feet from the perimeter of the Property
when one hundred (100) feet is required.
(3) A variance granting relief from Footnote 1 of Table 2 of the Zoning Bylaw to
allow the construction of a porte cochere seventy three (73) feet from Route 114 when one
hundred (100) feet is required.
1
B. REASONS IN SUPPORT OF VARIANCES REQUESTED.
(1) THERE ARE SPECIAL CIRCUMSTANCES RELATING TO THE SHAPE AND
TOPOGRAPHY OF THE PROPERTY THAT ESPECIALLY AFFECT THE PROPERTY BUT DO NOT AFFECT
GENERALLY THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED.
The Property is the site of the former Boston Hill ski area. The Property is subject to a
permanent Conservation Restriction from Boston Hill Development, LLC (the current owner of
the Property) to the Town of North Andover, dated June 13, 2006 and recorded with the Essex
North Registry of Deeds in Book 10282, Page 272 (the "Conservation Restriction"). The
Conservation Restriction, which was placed on the Property prior to the Applicant's
involvement with the Property, expressly prohibits the construction of any buildings or
structures in the area subject to the Conservation Restriction. The Property also falls within the
mapped habitat of the Frosted Elfin (Callophyrs irus) which is state -listed as "Special Concern"
in accordance with the Massachusetts Endangered Species Act and its implementing
regulations. Wetlands exist on the Property. All of these factors are unique to the Property
and do not generally affect the zoning district in which the Property is located.
The topography of the Property is such that there is an approximately two hundred
(200) foot drop in grade from the top to the bottom of the Property with most of the change in
grade taking place from a point approximately eighty (80) feet back from the frontage along
Route 114. Because of the topographical constraints (i.e., extreme variations in grade) and the
contour of the Property, as well as the constraints attributable to the Conservation Restriction,
the mapped habitat area and the wetlands, the proposed building has been located at the
bottom of the slope on the flattest area of the Property outside of the Conservation Restriction
area, the mapped habitat area, and the wetlands. The topography of the Property requires
that the footprint of the building be minimized due to extreme grade changes. As a direct
result of all of these factors that are unique to the Property, construction on the Property
requires that the proposed building be placed on the Property in a location that does not
comply with the one hundred foot (100) perimeter and Route 114 setbacks with a building
footprint that must be minimized to the maximum extent possible.
(2) LITERAL ENFORCEMENT OF THE PROVISIONS OF THE ZONING BYLAW RELATING
TO BUILDING HEIGHT AND SET BACK TO THE PROJECT PROPOSED TO BE UNDERTAKEN BY THE
APPLICANT AT THE PROPERTY WOULD RESULT IN SUBSTANTIAL HARDSHIP TO THE APPLICANT.
Due to the contours and topography of the Property, (i) placement of the proposed
building further up the extremely steep slope at a location which would meet the zoning
required perimeter and Route 114 setbacks, and (ii) the expansion of the footprint of the
building to meet the zoning required building height (and story) limitation, would require
substantially greater disturbance into the steep slope and loss of its natural topographic
features. Any additional cutting into and grading of the steep slope will increase the possibility
of excessive water runoff and soil -erosion. In addition, the Applicant would be required to
2
-4
spend an estimated $1,500,000 in additional site work costs including bracing of the slope
through the construction of costly retaining wall systems. The expenses are not personal to the
Applicant but would be experienced by anyone attempting to make a reasonable and permitted
use of the Property. Additionally, the relocation of the proposed building from its currently
proposed location is constrained by the Conservation Restriction, the mapped habitat area, and
the wetlands.
The Property is subject to unique conditions, not caused or exacerbated by the
Applicant, which render it appropriate for building height and perimeter and Route 114 setback
variances. The topography and its features, the presence of the Frosted Elfin on the Property,
and the existence of wetlands on the Property are naturally occurring. The protection of the
Frosted Elfin is the result of governmental action. The Conservation Restriction was placed on
the Property prior to the Applicant's involvement with the Property.
If relief is not granted, additional cutting into and grading of the extremely steep slope
will increase the possibility of excessive water runoff and soil -erosion and will cause the
Applicant's site costs to be even more substantial.
(3) THE RELIEF SOUGHT CAN BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO
THE PUBLIC GOOD.
The proposed special permit use of the Property for a Continuing Care Retirement
Center is a reasonable use of the property which can only be achieved by varying strict
adherence of the Zoning Bylaw provisions relating to minimum perimeter and Route 114
setbacks and limitations on building height. The CCRC is of substantial benefit to the Town as a
whole. It will satisfy an important and growing need for this type of housing, will provide a
viable housing option for the elderly, will allow the elderly to remain independent while
receiving a level of attention and services that meets their needs, and will allow the elderly
population in North Andover to remain in town and continue to be a part of a residential
community with daily socialization and interaction with other elderly residents. The CCRC will
cause relatively little demand on Town services, will not be detrimental to the economic
welfare of the community, and will preserve the Town's residential character.
In addition, since the characteristics of the Property that require the variances that have
been requested in order to proceed with the redevelopment of the Property for a Continuing
Care Retirement Center are unique to the Property and not generally applicable to the zoning
district where the Property is located, the grant of the variances requested by the Applicant will
not create any adverse precedent for other developments in the same zoning district. The
proposed building at the Property is in a location that is not proximate to any other residential
development, and as a result the reduced set back and increased building height will not have
an adverse impact on any residential values. The relief requested therefore will neither be
detrimental to the public good nor compromise the integrity of the zoning district or be
inconsistent with the purpose or intent of the Zoning Bylaw.
3
�J
(4) THE RELIEF SOUGHT CAN BE GRANTED WITHOUT NULLIFYING OR
SUBSTANTIALLY DEROGATING FROM THE INTENT OR PURPOSE OF THE ZONING BYLAW.
The granting of the variances requested is desirable because it will minimize slope
disturbance, maximize retention of natural topographic features, and minimize water runoff
and soil -erosion problems encountered in the grading of steep slopes, all of which are
consistent with the purposes and intent of the Zoning Bylaw. Further, in keeping with the
character of the Village Residential District in which the Property is located, the pitched style
roof of the building will maintain a residential, rather than institutional, building style and look.
The additional story and extended height of the roof sought through the building height
variance will have minimal visual impact and no negative effects on surrounding land uses given
that a negligible amount of the pitched style roof will be seen from the center of the street, and
the backdrop of the extremely steep slope minimizes any height impact of the building.
The topography of the land is such that the building will be constructed on a sloped
grade, and the visual effect will therefore be less than if the building were constructed on an
even grade. While the building height of the proposed building exceeds the zoning imposed 35 -
foot limitation, it is substantially less than the zoning imposed 65 -foot building height limitation
on any structural feature of any non -manufacturing building as set forth in Section 7.4.4 of the
Zoning Bylaw. The porte cochere is open sided and roofed. It serves as a non -habitable loading
zone and will allow motor vehicles to pass through in order for elderly and other passengers to
alight under cover, sheltered from the weather. It is an essential component of the proposed
building given the nature of a CCRC and the ages of its occupants. The intrusion of the porte
cochere into the 100 -foot perimeter and Route 114 setbacks will be negligible due to its open
nature. It is clear that the relief sought may be granted without nullifying or substantially
derogating from the intent or purposes of the Zoning Bylaw.
C. CONCLUSION.
There are unique circumstances relating to the Property that support the grant of the
variances requested. The Property presents limited development opportunities based upon the
existence of the Conservation Restriction, the wetlands that exist at the Property and the
presence of a species of special concern. In addition, there is an extreme slope on that portion
of the Property where development can take place. All of these factors are unique to the
Property. The redevelopment of the Property for the Continuing Care Retirement Center
proposed by the Applicant cannot proceed without the variances requested except under
circumstances in which the Applicant is required to cut more deeply into the existing slope and
incur substantial additional site work costs estimated at approximately $1,500,000 with an
adverse effect on the values that the Zoning Bylaw is intended to protect. As a result, the
Applicant would suffer substantial hardship if the variances requested by the Applicant are not
granted. The proposed use of the Property for a Continuing Care Retirement Center will be
extremely beneficial to the Town of North Andover and the public good. Finally, the location of
the proposed building on the Property and the design of the building will eliminate any
potential adverse impact attributable to the height of the building and the reduced set back.
IH
r
For the foregoing reasons, the Applicant requests that the variances requested by the
Applicant be granted by the Zoning Board of Appeals.
D. SUBMIT RDA FROM CONSERVATION COMMISSION WHEN CONTINUOUS' BUILDABLE
AREA IS APPLIED FOR IN ZBA APPLICATION.
Not Applicable.
5
Q µORTH
x
y435RCHd5 TOWN OF NORTH ANDOVER VARIANC
ZONING BOARD OF APPEALS
NAME:
ADDRESS OF APPEAL: Town Clerk Time Stamp
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the following information must be
submitted thirty (30) days prior to the first public hearing.
Failure to submit the required information within the time
periods prescribed may result in a dismissal by the
hoard of an application as in
The information herein is an abstract of more
specific requirements listed in the Zoning Board
Rules and Regulations and is not meant to
supersede them. The petitioner will complete items
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receivers
a Zoning Bylaw Denial form completed by the Building
Commissioner.
STEM 2: VARIANCE APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Variance. All information as
required in items 1 through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in page 4, section 10 of this form.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST:
The petitioner requests the Assessor's Office to compile
a certified list of Parties in Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and ten (10) Xerox
copies of all the required information to the Town Clerk's
Office to be certified by the Town Clerk with the time and
date of filing. The original will be left at the Town Clerk's
Office, and the 10 Xerox copies will be left with the
Zoning Board of Appeals secretary.
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules the
applicant for a hearing date and prepares the legal notice
for mailing to the parties in interest (abutters) and for
publication in the newspaper. The petitioner is notified
that the legal notice has been prepared and the cost of
the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office of
the Zoning Board of Appeals and delivers the legal notice
to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petition, the Board shall decide on the matter by. using
the information it has received to date.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A § 17, within twenty (20) days after
the decision is filed with the Town Clerk.
STEP 10: RECORDING THE DECISION AND PLANS.
The petitioner is responsible for recording certification of
the decision, the Mylar, and any accompanying plans at
the Essex County, North Registry of Deeds, 384
Merrimack St. Suite #304, Lawrence MA, 01843 and
shall complete the Certification of Recording form and
forward it to the Zoning Board of Appeals and to the
Building Department.
eiTnzfS?Sii54,&Ctib':Si�iYa:7S5:4:aiC: eE!isYtYd7C[ei;4:`iniFki314u3::ia'tiid's`1"P9KE¢�it;Yi�ii�g:',-ri§a�'tYd"�tti t'Wi§t tieY�B$i^RYi ' rc":K'.E3i rtr.atii'ldEt:3�sdVt;iiti3't=i;Ys`iii'@�6i"neli3`'s,i:diiialiii'KfelE4r
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. & Services
1600 Osgood St., Bldg. 20, Suite 2-36
North Andover„ MA 01845
978-688-9542 fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals office
IMPORTANT PHONE NUMBERS:
North Andover Town Hall
120 Main Street
978-688-9501 Town Clerk's Office
978-688-9566 Assessor's Office
A
Page 2 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for aVARIANCE
Please complete all items I - 10 on pages 2 through 4:
1. Petitioner: *Name, *Address and telephone number:
Elm Development Services, L.L.C.
200.North Main Street, Suite 204, E. Longmeadow, MA 01028
_(413) 525-4585, x12 Contact: Ernest A. Gralia, III
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number, and number of years under this
ownership:
Boston Hill Development, LLC (978) 687-5300 Contact: Anthony Mesiti
c/o Mesiti Development Corporation
100 Andover By -Pass, Suite 300, North Andover, MA 01845
Years Owned Land: 11 (since 1/02/1998)
3. Location of Property:
a. Street: 1275 Turnpike St. (Boston Hill) Zoning District: Village Residential
b. Assessors: Map number. 107A Lot Number: 149, 283 and 284
c. Registry of Deeds: Book Number: 4932 Page Number: 127
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
1.3.5.d.1; 13.5.d.3; Footnote 1 of Table 2
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
6. Describe the Variance request:
Variance granting relief from Section 13.5.d.3 which requires a bldg..height of no more
than three (3) stories or thirty-five (35) feet; and variances granting relief from Section
13.5.d.1 and Footnote 1 of Table 2,to allow const. of porte cochere seventy three (73) feet
from the perimeter o e property and from ou e .
The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly
may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will
not involve additional items not included above.
6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. %
B. %
73'
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN E
6 B. Existing Lot:
Lot Area Open Space Percent Lot
Frontage
Parking
Feet Spaces
Minimum Lot Setback
250t
min 1
Sq. Ft. Sq. Ft. Coverage
Feet
Spaces
Front
Side Sine B
Rear
1,452,596 1 452,596 n/a
1,123
n/a
n/a
n/a n/a
n/a
03.34 a
f C. Proposed Lots):
Lot Area Open Space Percent Lot
Frontage
Parking
!~Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage
Feet
Spaces
Front
Side A Side B
Rear
1,452,556 75% 3%
1,123
96
73'
600+/-' 140+/-'
900+/-'
6 D. Required Lot: (As required by Zoning Bylaw & Table 2)
Lot Area Open Space Percent Lot
Frontage Parking
Sq. Ft. Sq_ Ft. Coverage
Feet Spaces
1,089,000 50% 25% max
250t
min 1
(2 ac
_uni�
(125)
Minimum Lot Setback *
Front Side A Side B Rear
100' 100' 100' 100'
*(100' perimeter setback)
7A. Existing Building(s): NONE
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. feet Building* of Units**
*Reference Uses from the.Zoning Bylaw & Table 1. "*State number of units in building(s).
7B. Proposed Building(s):
Ground Floor Number of Height Total
Square feet Floors Sq. feet
23,980 4 49'-2" 135,454
8. Petitioner and Landowner signature(s):
Use of Number
Building" of Units*"
Continuing Care 125
e firement center -
*Reference Uses from the Zoning Bylaw & Table 1.
*"State number of units in building(s).
Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals_ Every
application shall be filed with the Town Clerks Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with applicatio irements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by the Zoni ward t ' ion as incomplete.
ELM ESE NT SERV CES, L.L.C. Boston Hill Development, LLC
Signature: By: ✓ By:
Type above names) here: Ernest A. oral ia, III Anthony Mesiti
R".,r.+vge 3
Page e� of °^l
6 S. Exisfina, Lot
Lot Area Open Space Percent Lot
Frontage
pad;ing
IVlii;irnum Lot Setback
Sri. P_. Sq. Ft Coverage
Peet
Spaces
Front
Side A Silo 3
Rear
1,452,596 1.452,596 n/a
1,123
n/a
n/a
n/a n/a
n/a
Lot Area Open Space Percent Lot
Frontage
Parking
Minimum Lot Setback
Sq. Ft Sq. Ft coverage
Feet
Spaces
Prone
Side A Side S
Rear
_1,452,596 75% 3%
1,123
96
73`
600+/-` 140+/-`
900+/-'
is D. Required Lot: (As requires by Zoning Bylaw $, Table 2)
Lot Area Open Space Percent L& Frontage Parking
$q- Ft- Sq. P. Coverage Feet Spaca5
1,089,000 50% 25% nta 250 min 1/unit
(2 -ac – (125)
7A. Eldstmg NONE
Ground Roor Number cf Height Total
Square feet Ptoors Sq. feet
Minimum Lot Setback "
#=rant Side A Side S Rear
100` 100` 100'100'
: (:1_!JG` per.1metpr- setbacQ
Use of
Bullding-
*,Rnfereace Use , from thb Zuning Bylaw a Tab ic i_ *'ISlate namber of gaits in building(-.).
7B-. Pralposed SulfdiBt&4 .
0round f=loor Nfurnber of Height Total
3quarafelt Ploors Sq. feet
23,980 4 419' -2" 135,454
Use Of
8uHdlnc fi
Continuing Care
e'c�nt Gentel" _
Number
of Units"
Humber
of Units -
125
*R4erence Uses #rom the Zoning Byla+N & Table 9.
"Stale number of unit.-, in building(s).
=very application for a Variance shall be: made on this icrm, which is the official form of the Zoning Beard of /appeals. Every
application shall be ;fled with i; e Tolmn Cici-1 s Office. It shall bete responsibility of the petitioner to fornish all supporting
documentation Mth this application. The dated copy of this application received by the Town Clark or the Zoning Board of Appeals
r res ne Asa€ve lira appiira ,t frim this respansibiiii��_ The petitioner shall be responsible for all expenses for filing and legal
sit ire*on. Pail:+ v to c -=ply �rnth application requirements, as cited heroin acid in the Zoning Board Rules and ReJuiations may
rastftt in a disrrissa@ by the Zon'4139 Board of this application as incomplete.
ELM DEVELOPMENT SERVICES, L.L.C. Boston Hill Development, L.LC
By, By:
Ernest A. Ora ia, III � Muttony Mes iti r+�—
Page 4 ®f 4
9. WRITTEN DOCUMENTATION
Application for a Variance must be supported by a legibly
written or typed memorandum setting forth in detail all
facts relied upon. When requesting a Variance from the
requirements of MGLA ch. 40A, Sec. 10.4 and the North
Andover Zoning By-laws, all dimensional requirements
shall be clearly identified and factually supported. All
points, A -F, are required to be addressed with this
application.
H
C.
9
E.
F2
The particular use proposed for the land or structure.
The circumstances relating to soil conditions, shape
or topography of such land or structures especially
affecting the property for which the Variance is
sought which do not affect generally the zoning
district in which the property is located.
Facts which make up the substantial hardship,
financial or otherwise, which results from literal
enforcement of the applicable zoning restrictions with
respect to the land or building for which the variance
is sought.
Facts relied upon to support a finding that relief
sought will be desirable and without substantial
detriment to the public good.
Facts relied upon to support a finding that relief
sought may be given without nullifying or
substantially derogating from the intent or purpose of
the Ordinance.
Submit RDA from Conservation Commission when
Continuous Buildable Area is applied for in ZBA
application.
10. PLAN OF LAND
Each application to the Zoning Board of Appeals shall be
accompanied by the following described plan. Plans
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
appeals.
A set of building elevation plans by a Registered
Architect may be required when the application
involves new construction/conversion/ and/or a
proposed change in use.
10. A. Major Projects
Major projects are those, which involve one of the
following whether existing or proposed:
I) five (5) or more parking spaces,
II) three (3) or more dwelling units,
III) 2,000 square feet of building area.
Major Projects shall require, that in addition to the 10B &
1 CC features, that the plans show detailed utilities, soils,
and topographic information.
*10. B. *Plan Specifications:
I) Size of plan: Ten (10 ) paper copies of a plan not
to exceed 11"x17", preferred scale of 1"=40'
II) One (1) Mylar, with one block for Registry Use
Only, and one block for five (5) ZBA signatures & date.
III) Plan shall be prepared, stamped and certified by a
Registered Professional Land Surveyor. Please note
that plans by a Registered Professional Engineer,
Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
*10 C. *Required Features On Plan:
I) Site Orientation shall include:
1. north point
2. zoning district (s)
3. names of streets
4. wetlands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions, easements.
II) Legend & Graphic Aids shall include:
1. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner or record, and land surveyor.
7. Locus
10 D. Minor Projects
Minor projects, such as decks, sheds, and garages,
shall require only the plan information as indicated with
an. asterisk (*). In some cases further information may
be required.
11. APPLICATION FILING FEES
11. A. Notification fees: Applicant shall provide a check
or money order to: "Town of North Andover" for the cost
of first class, certified, return receipt x # of all parties in
interest identified in MGLA ch. 40A §11 on the abutter's
list for the legal notice check. Also, the applicant shall
supply first class postage stamps x the # of parties of
interest on the abutter's list for the decision mailing.
11. B. Mailing labels: Applicant shall provide four (4)
sets of mailing labels no larger than 1 "x2-5/8" (3 copies
for the Legal, and one copy for the Decision mailing).
11. C. Applicant shall provide a check or money order
to: 'Town of North Andover" per 2005 Revised Fee
Schedule.
® A Variance once granted by the ZBA will lapse in 1
(one) year if not exercised and a new petition must
be submitted.
A BES 4912 PG 12?
r�
Y'rQUITCLAIM DEED
f
Boston Hill Ski Area, Inc., a Massachusetts corporation duly established under the laws of the
Commonwealth of Massachusetts, located at Turnpike Street, North Andover, for
consideration and in full consideration of Eight Hundred Thousand ($800,000.00) Dollars
GRANTS TO
Boston Hill Development, LLC a Massachusetts limited liability company with its mailing
address of 11 Old Boston Road, Tewksbury, Massachusetts 01876
with QUIT
CLAIM COVENANTS the following described property which is in three (3)
parcels on the westerly side of Salem Turnpike, otherwise known as Route 114, in said North
1 Andover, and as shown on Plan numbered 5,000, recorded May 8, 1964 in Essex North
District Registry of Deeds and designated as "Plan of a Portion of Land of John C. Famum,
North Andover, Mass., Prepared for Boston .Ski Development Corp., Route 114, North
Andover, by Raymond C. Pressey, Inc., Registered Land Surveyors".
Parcel 1 is bounded and described as follows:
Parcel 1: JAN 2 W PS12:33
NORTHERLY: two hundred thirty (230) feet, more or less, by a stone wall;
EASTERLY: six hundred thirty (630) feet, more or less;
NORTHERLY: three hundred (300) feet, more or less, the last three bounds all
by land now owned by the grantor;
SOUTHWESTERLY: but more WESTERLY, in a curved line in three courses, of �
hundred twenty-three (123) feet, more or less, one hundred fort:94
five (145) feet, more or less, and four hundred sixty (460) fe �
more or less, by land now or formerly of the grantor; Q
WESTERLY: by the stone wall and land now or formerly of William Sherid
nine hundred ninety-eight (998) feet, more or less. The
Northwesterly corner is at a corner in the stone wall twelve
hundred (1,200) feet, more or less, from the Salem Turnpike.
Parcel 2 consists of all the right, title and interest the grantor may have in the following
j premises, contiguous to Parcel 1, and is bounded and described as follows:
Parcel 2:
Beginning at the Northwesterly corner of the premises previously described as Parcel 1, thence
running:
SOUTHERLY: fifty (50) feet by Parcel 1, to the comer of the stone wall; thence
turning and running
&%Or of
�� 8
i
WESTERLY: by a stone wall five hundred twenty (520) feet, more or less, by
land now or formerly of William Sheridan to Chestnut Street and
the corner of a stone wall; thence turning and running
NORTHERLY: fifty (50) feet, more or less, by said stone wall to Chestnut Street,
as shown on said plan, to a corner of a stone wall; thence turning
and running
EASTERLY: five hundred ten (510) feet, more or less, along said stone wall,
to the point of beginning.
The total area of Parcels 1 and 2 contain approximately ten (10) acres, more or less, these
parcels 1 and 2 intended to be the remainder of the thirty-three (33) acres, more or less, shown
on the said plan numbered 5,000, being described thereon as "Area of Proposed Amendment
from Rural Residence to General Business", the balance of which area is further described
hereon as Parcel 3.
Parcel 3 is bounded and described as follows:
Parcel 3:
The premises beginning at a point being the southeasterly corner of the premises described on
said plan numbered 5,000, thence running:
NORTHWESTERLY:
by said Salem Turnpike thirteen hundred sixty (1,360) feet, more
or less, to a stone wall by land now or formerly of Margaret R.
Simon; thence turning and running
NORTHWESTERLY:
but more
WESTERLY:
by said land now or formerly of Margaret R. Simon, and by land
now or formerly of William Sheridan, nine hundred seventy (970)
feet, more or less, along a stone wall and fence; thence turning
and running
SOUTHEASTERLY:
but more
SOUTHERLY:
by land of John C. Farnum, also known as John C. Farnham, six
hundred thirty (630) feet, more or less, by Parcel 1 to other
premises of said John C. Farnum, alias, heretofore leased to the
Massachusetts Institute of Technology, notice of which lease is
recorded with Essex North District Registry of Deeds, Book 851,
Page 401; thence turning and running
EASTERLY:
by said other premises of John C. Famum, alias, three hundred
(300) feet, more or less; thence turning and running
SOUTHEAST:
four hundred (400) feet, more or less;
SOUTHEASTERLY:
but more
EASTERLY:
three hundred sixty-five (365) feet, more or less;
SOUTHEASTERLY:
but more
SOUTHERLY:
two hundred (200) feet, more or less; and
EASTERLY:
.three hundred seventy-five (375) feet, more or less, to the point
of beginning.
' BK 4932 PG 129
All of the three boundaries are by land now or formerly of John C. Farnum, alias.
The above described premises are shown on Essex North District Registry of Deeds Plan No.
5000 as containing 33 acres, more or less, being located on the westerly side of Salem
Turnpike, Rt. 114.
The above described Parcel 1, Parcel 2, and Parcel 3 (in addition to being shown on Plan No.
5000) are also more particularly shown on a certain plan of land entitled "Subdivision of Land,
Boston Hill Ski Area, Inc. in North Andover, MA, Teton Land Consultants, Inc., dated
11/30/87, scale F=80 feet, sheet 1 of 1", said sheet being recorded as part of Plan No. 11432
with Essex North District Registry of Deeds. Said Plan No. 11432 shows the above conveyed
parcel as being comprised of Lot 1 (5.6 acres), Lot 2 (13.5 acres), Lot 3 (13.7 acres) along
with the roadway (unnamed and containing .33 acres). As stated in Note F of said Plan No.
11432, the total parcel area is 33.35 acres, and reference may be had to said plan 11432 for a
more particular description of the above -referenced parcel.
Being the same premises conveyed to the Grantor by deed of John C. Farnum, also known as
John C. Farnham recorded with the Essex North District Registry of Deeds at Book 1182,
Page 132.
IN WITNESS WHEREOF, the said Boston Hill Ski Area, Inc. has caused its corporate
seal to be hereto affixed and these presents to be signed, sealed, acknowledged and delivered in
its name and behalf by Robert Dunn, its President and Treasurer hereto duly authorized, as of
the E41
day of Q/1 19�
$LU
Ca
a
ry
Boston Hill Ski Area, Inc.
By:
Robert Dunn, President and
Treasurer
D
I* BK 49-302 FIG 130
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss
January a, 1998
Then personally appeared the above-named Robert Dunn, President and Treasurer of
Boston Hill Ski Area, Inc. and acknowledged the fore, gPg instrument to be his free act and
deed, and the free act and deed of Boston Hill Ski AYa,#c., beete n ,
g: \cortunon\realest\c losings\ me si6%sm-hil. ski�dad.doc
commission expires:
MICHAEL DANA ROSEN
Notary Public
My Commission Expires October 13, 20OU
I
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the properly line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
board of the city or town, and the planning board of every abutting city or town."
Subiect Prove
MAP
PARCEL
Name
107.A
284
Boston Hill Development, LLC
Abutters Properties
Map
Parcel
Name
107.A
33
Milton Allen
107.A
34
John C. Farnum
107.A
43
Bernice Fink
107.A
148
Seven Hills Community
107.A
149
Boston Hill Development
107.A
283
Boston Hill Development
107.0
12
B & C Realty Trust
107.0
13
Trustees of Reservation
107.0
15
Trustees of Reservation
107.0
32
Trustees of Reservation
107.0
105
Sovran Acquisition
Address
100 Andover By Pass #300
Address
1208 Turnpike Street
426 Farnum Street
PC Box 363
81 Hope Avenue
100 Andover By Pass #300
100 Andover By Pass #300
14 Gates Road
527 Essex Street
527 Essex Street
527 Essex Street
6467 Main Street
Date
Page
This certifies that the names appearing on the
records of the Assessors 'Office as of
Certified bv.,------) Date G 'z1'`0
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
Worcester, MA 01603
North Andover, MA 01845
North Andover, MA 01845
Middleton, MA 01949
Beverly, MA 10915
Beverly, MA 10915
Beverly, MA 10915
Buffalo, NY 14221-5856
6/24/2009
1 of 1
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner,
Date 6/24/2009
Page 1 of 1
This certifies that the names appearing on the
records of the Assessors Office as of
Certified b " Date 6 • �`�•"
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner
as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
board of the city or town, and the planning board of every abutting city or town."
Subject Property:
MAP
PARCEL
Name
Address
107.A
149
Boston Hill Development, LLC
100 Andover By Pass #300
North Andover, MA 01845
Abutters Properties
tvlaa
Parcel
Name
Address
107.A
33
Milton Allen
1208 Turnpike Street
North Andover, MA 01845
107.A
34
John C. Farnum
426 Farnum Street
North Andover, MA 01845
107.A
40
John C. Farnum
426 Farnum Street
North Andover, MA 01845
107.A
43
Bernice Fink
PO Box 363
North Andover, MA 01845
107.A
148
Seven Hills Community Services
81 Hope Avenue
Worcester, MA 01603
107.A
252
John C. Farnum
426 Farnum Street
North Andover, MA 01845
107.A
253
John C. Farnum
426 Farnum Street
North Andover, MA 01845
107.A
254
John C. Farnum
426 Farnum Street
North Andover, MA 01845
107.A
255
John C. Farnum
426 Farnum Street
North Andover, MA 01845
107.A
283
Boston Hill Development
100 Andover By Pass #300
North Andover, MA 01845
107.A
284
Boston Hill Development
100 Andover By Pass #300
North Andover, MA 01845
107.0
11
John C. Farnum
426 Farnum Street
North Andover, MA 01845
Date 6/24/2009
Page 1 of 1
This certifies that the names appearing on the
records of the Assessors Office as of
Certified b " Date 6 • �`�•"
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
board of the city or town, and the planning board of every abutting city or town."
Subiect Prone
MAP
PARCEL
Name
107.A
283
Boston Hill Development, LLC
Abutters Properties
Map
Parcel
Name
107.A
34
John C. Farnum
107.A
43
Bernice Fink
107.A
148
Seven Hills Community Services
107.A
149
Boston Hill Development
107.A
284
Boston Hill Development
107.0
11
John C. Farnum
107.0
13
Trustees of Reservations
107.0
68
John C. Farnum
Address
100 Andover By Pass #300
Address
426 Farnum Street
PO Box 363
81 Hope Avenue
100 Andover By Pass #300
100 Andover By Pass #300
426 Farnum Street
527 Essex Street
426 Farnum Street
This certifies that the names appearing on the
records of// the Assessors Office as of
40,1 c 4,Ly /, A -C r
Certified by: Date G y d
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
Worcester, MA 01603
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
Beverly, MA 10915
North Andover, MA 01845
Date 6/24/2009
Page I of
LEGAL NOTICE
NORTH ANDOVER
BOARD OF APPEALS
Notice is hereby given,
that the Board of
Appeals will hold a public
hearing at North Andover
Town Hall, 120 Main
Street, North Andover,
MA on Tuesday the 11th
of August, 2009'at
7:30PM to all parties
interested in the petition
of Elm Development
Services, LLC, for prop-
erty located at 1275
Turnpike Street, North
Andover, owned by
Boston Hill Development,
LLC. The petitioner is
requesting a perimeter
setback dimensional
variance from the front
setback, , Sectien
13.5.d.1, a dimensional
variance from Rte. 114
setback, footnote 1 of
Table 2, and a variance
from height, Section I
13.5.d.3 from the North
Andover Zoning Bylaw
for Section 13 Continuing
Care Retirement Center.
The said premises
affected is property with
frontage on Turnpike.
Street within the Village
Residential District.
Application and sup-
porting materials are
available for review at the
Office of the Zoning
Department 1600,
Osgood Street, North
Andover, MA, Monday
through Thursday from
the hours of 9:00 AM to
2:00 PM.
By order of the
Board of Appeals
Albert P. Manzi III,
Esq., Chairman
ET — 7/27, 8/3/09
Easy Peel® Labels
r Use Avery® Template 51600
Milton Allen
1208 Turnpike Street
North Andover, MA 01845
Seven Hills Community
;81 Hope Avenue
Worcester, MA 01603
i
Trustees of Reservation
527 Essex Street
Beverly, MA 10915
A f Bend along line to Q AVERY@ 51600
i Feed Paper ® expose Pop -Up EdgeTM
John C. Farnum Bernice Fink
426 Farnum Street P.O. Box 363
North Andover, MA 01845 North Andover, MA 01845
Boston Hill Development B & C Realty Trust
100 Andover By Pass #300 14 Gates Road
North Andover, MA 01845 Middleton, MA 01949
Sovran Acquisition
6467 Main Street
Buffalo, NY 14221-5856
Etiquettes faciles a peter Repliez a la hachure afin dei www.avery.com
Utilisez le gabarit AVERY® 5160® t Sens de c argereveler le rebord Pop-UpTM �' 1 -800 -GO -AVERY
me
AVERY
J
AVERY
AVERY
AVERY
AVERY
AVER
Easy PeelO Labels
i ♦ f Bend along line to
A\/ERY® 5160®
Use Avery® Template 51600
j Feed Paper ® expose Pop -Up Edger"' j
Milton Allen
John C. Farnum
Bernice Fink
1208 Turnpike Street
426 Farnum Street
P.O. Box 363
North Andover, MA 01845
North Andover, MA 01845
North Andover, MA 01845
Seven Hills Community
Boston Hill Development
B & C Realty Trust
81 Hope Avenue
100 Andover By Pass #300
14 Gates Road
Worcester, MA 01603
North Andover, MA 01845
Middleton, MA 01949
Trustees of Reservation
Sovran Acquisition
527 Essex Street
6467 Main Street
;Beverly, MA 10915
I
Buffalo, NY 14221-5856
I
<
Etiquettes faciles a peter ' e Repliez a la hachure afin de www.avery.com
Utilisez leabarit AVERY® 5160® Sens de reveler le rebord Po U TM ' 1 -800 -GO -AVERY
9 1 chargement Pop-Up1
n
-' J
L�
AVERY
- �
��
AVERY
Lr_ _ _
J
AVERY
-,
� �
AVERY
-, J
AVERY
n�
_� J
AVERY
J
C. -
AVERY
�� �
AVERY
-' J
AVERY