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Home My WebLink AboutMiscellaneous - Exception (611)5 rb Q f fi v Q Q 7% fi �• P Q nv n kA�,��a�°'�k ��3'2SI i.egal Notice TOWN OF NORTH ANDO*1ER MASSA nUSETTS BOARD OF APPEALS NOTICE _ &ORT01 1 •. pE ��co .a 1$p 0 A'A SSACHUs�. February 16, 1982 Notice is hereby given that the. Board of Appeals will give'a hearihg at the Town Building, North. An- dover; on Monday evening the 8th- ' day of March, 1982, at 7:30 p.m.- o'clock, to all parlies interested-in . p ; the appeal of. CAPRICORN COR-_.. PORATION requesting a Special Per- . mit under Sec. 4, Par. 4.129 of the Zoning By Law to allow the con- ,--struction .of a heliport on the Premises, located at the corner (if �. Willow St. and Turnpike Street:.'_ By Order of the Board of Appeals - - Frank Serio Jr.; Chairman. Publish: N.A. Citizen: Feb. 18 and- 25.1982 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS AT lI IV T !'I Z• February. 16.... 19 82 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on.. Mo.n sia.y . . . e.v a 0. n g . the 8 t. h . day of .... M.a r. c n............ 19.82 , at i.:. ,Wclock, to all parties interested in the appeal of CAP!?ICJRt� CORPORATIO�d ...................................................... requesting a kXiXd"Xo'f )W6&X X.X X XX X X.X X X.X X Xdf 7tIie4 Z&K ffdf X10yUK,,�orISxVcvj*X0X.... SPeci.al . permi t..und.er..... Section 4, Par...4..1.29..of. ,the..Zonin.g. Py. L.a�� to allow the construction .of .a, .hel i post... . ................... ......... I......................... on the premises, located at. . t.h o . C o r n, e r.. o f . W i 1.1. o W.. St . and. .Tur.ppi.ke.. Street ............................. By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish: N.A. CItizen: Feb. 18 & 25, 1982 Send bill to: Capricorn Coru. 805 Turnpike St. North Andover, Nass. 01845 RE00EIVE0 DA !'EL. -IWG TOWN CLERK -, NOR 1 "'DI. -VER MAR 22. 2 20 N T F. APAIL7M TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any ap,olal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. Date. M a r c h 19 , .19 8 2_....... . Petition No.....1.0 . -. , ' 8 2 ........ Date of Hearing .. M d r (; h..8 , ..19.8.2 Petition of ..... CARR I. C.0 R N.. C 0. P P .... ................................................... . Premises affected ...co.r.ne.r.o.f .Wi.11o.w. a.nd..Tur.np.i.ke..St.ree.t<s............ ...... Referring to the above petition for aK M)aHU )6"t Xd4)W,-X NIXtU a.. S p. e c i . a l ... Permit, unde.r.S.eot.i.on. A,_.Pa.r. 4.1.29 of..the.Zo.nin.g_E.y..L.�w........... tine cgnstru.c0.pn. of. _a.h-eli ort so as to permit ................ .. R....7............................... After a public hearing given on the above date, the Board of Appeals voted to .. p E. NY. . . .,. the .... $ p.e c i .a 1..P e r.m i t ............... Ya1<iX ""� uui"Ag x1eY ka"g X[3 omiK X(y xsxiv X 90 XiN............................................................................... fNX )tkq n"wo opxl xtk9; FOIE)1vR Signed Frank Serio, Jr, Chairman ..................... I ................. ,... Alfred E., Frizelle.. Esq., Vise Chairman . Ri ch.ard..J ...Trepan.i e.r, E.sq..., C1 erk Au. pus.ti.ne. lel, ..Ni Ck.ers_on.......... Wal ter. .F,..Sou.1.e................... Board of Appeals 4. REY;7D T[; WN' E RK NOVI! 40VER MAR 22 2 ao Pm '8z t NORTN , 3a .•: �. .. . • of O F ,SSACHUSt� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 19, 1982 Capricorn Corp. Corner of Willow and Turnpike Streets Petition No. 10 - '82 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Mr. Long, The Board of Appeals held a public hearing on Monday evening P",arch 8, 1982. upon the application of Capricorn Corporation. The hearing was advertised in the North Andover Citizen on February 18 and 25, 1982 and all abutters were notified by regular mail. The following members were present and voting; Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice - Chairman; pichard J. Trepanier, Esq., Clerk; Augustine W. Nickerson; and Walter F. Soule. The petitioner seeks a Special Permit pursuant to Section 4, Paraqraph 4.129 of the Zoning By Law to construct a heliport on premises owned by Capricorn Corporation and located at the corner of Willow and Turnpike Streets. Robert Regan appeared on behalf of the petitioner and presented a plan showing the approximate location of the heliport, which was approximately 50-75 feet from the property line abutting Route 114. fir, Regan showed the proposed flight path and stated that it was over the least populated area. The petitioner pro- poses to construct a development similar to the office condominium - development on the North side of Willow Street. and the heliport would serve that development as well.as the Industrial Park shown on the plan submitted to the Board. C +- Capricorn Corporation RNr�1+/cD Petition No . 10 - '82 TC�F! f'.rr�X March 19, 1982 NOR;rr'OVER �1 Page 2 Flag ZZ 220 FM '82 When questioned by the Board, Mr. Regan said that there was no particular land owner or tenant in the existing industrial devel- opment who would use the heliport, nor was there a prospective tenant or purchaser who would use the heliport; however, some interest was shown according to Mr. Regan. Mr. Regan could not give the proposed number of landings and take -offs since the users of the heliport are not known. A great number of abutters and home owners in the area were present at the hearing with an overwhelming majority of those present voicing objection to the proposed heliport. The basis for the objections can be summarized as follows: concern for safety with the proposed location abutting Route 114, which is an extremely heavily travelled three -lane highway; the flight path over residences of the surrounding area; the close proximity of the residential zone abutting the premises (Marion Drive); the location of electric and telephone wires alone Route 114 abutting the proposed heliport; and, the question`of need for a heliport given the fact that the Lawrence Airport is only a relatively short distance from the premises (approximately 5 to 10 minute drive). The Board, upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, voted unanimously to deny the Special Permit as requested by the petitioner. The premises are located in an Industrial,1 district, and pur- suant to Section 4, Paragraph 4.129 (11), the proposed heliport is allowed by Special Permit "Helistop (defined as a landing and take -off place for a helicopter, but not including facilities for storage or major repair of helicopters) Special Permit required." Section 10, Paragraph 10.31 "Conditions for Approval of a Special Permit" sets forth the standards which the Board must consider in granting approval of the requested Special Permit. In fact, the By Law provides that the Board must find in its judgement that all of the stated conditions are to be met. In this particular case, the Board finds that all of the conditions have not, in its judgement, been satisfied and will discuss -its findings herein. Subsection a) required that the specific site be an appropriate location. In this case, the Board finds that the site is not an appropriate location given the close proximity to Route 114, a heavily travelIe'd' th'=re�e=lane.. highway. Also, the location of the proposed helistop is too close to the existing electric and tele- phone wires. .E + Capricorn Corporation Petition No. 10 - '82 March 19, 1982 Page 3 RECE.I `9 DA'!�F L I C,4G TOt-„ C; _ E R K NORTH Al: --.OVER MAR 22 220 FM T Subsection b) provides that the proposed use will not adversely affect the neighborhood. The Board heard numerous opposition to the proposal by abutters, as well as citizens who would be affected by helicopters flying over their property during take -offs and landings. The Board, in defining neighborhood, has some concern in this case since the neighborhood in this instance can be defined narrowly, ie., the industrial park; and, broadly, ie., the abutting residential area. To satisfy the effect on the neighbor- hood, the Board would have to weigh the proposed use with the concerns of the abutters, as well as the effect on the residential abutting area, with the necessity of the proposed use which is allowed in the zone. The Board is unable to take into consideration this subject, since the petitioner can not introduce evidence, because there is no proposed user of the heliport. Subsection c) requires that there be no nuisance or serious hazard to vehicles or pedestrians. The close proximity of the site to Route 114 raised numerous concerns to the Board. The Board could only imagine the potential dander to vehicles travelling on Route 114 when a. helicopter either landed or took off next to the road. Since the Board finds in its judgement that the proposed use does not meet the requirements of subsections a, b, and c; the Board does not deem it necessary to discuss d and a at this time. Accordingly, the Board finds that the petitioner failed to satisfy the requirements of Section 10, Paragraph 10.31, even though the use is allowed in the Industrial -1 zone. Sincerely, BOARD OF APPEALS Frank Serio, -Jr., Chairman AEF/jw Received by Town Clerk: Date: REC=1vFn TOWN OF NORTH ANDOVER, MASSACHUSETTS AulCL LO,;1G BOARD OF APPEALS Ti mei TO'l�`C!_! !I ER Notice: This application must be typewritten f MpRTH , ,S'4CHUOt•C� FEB VPPdIU?-A 62FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE TuRNPlrcoc S r• Applicant CAenIC0aki Co 2P Address P o - 3Gf, 'AJ 'i 1. Application is hereby made (a) For a variance from the requirements of Section Paragraph and Table of the Zoning By -Laws. (b) For- a Special Permit under Section 4 Paragraph 4 -1'2 -?of the Zoning By -Laws. (c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2. (a) Premises affected are land X and building(s) numbered Corrie.r GJILLoW 4- T41'nP1k� Streets (b) Premises affected are property with frontage on the North (,C) South ( ) East (n) West ( ) side of Street, and known as No. Street. (c) Premises affected are in Zoning District =- 1. , and the premises affected have an area of /80,t710't square feet and frontage of G W — square feet. 3. Ownership (a) Name and address of owner (if jointTownership, give all C/�,PRico2K1 �/ZP• go 0„ LtnYN'Z6KY' 1 AC �7 Anames): �' " - Date of purchase U6. _chi T ann1ira_n+ -n.n+'^wne� .Previous- Owner_ ffA2K . (Xapssaoau I� s4aa4s LPuoP�ppe asp) s