HomeMy WebLinkAboutMiscellaneous - Foster Street (2)t
v Legal Notice
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
January 12, 1987
Of MORrp Notice is hereby given that
N
�.+�-�;+•�� o the Board of Appeals will
give a hearing at the Town
Building, North Andover, on
F'- _ • Tuesday evening the 10 day
of February 1987, at 7:30
o'clock, to all parties in-
terested in the appeal of
" North Andover ssociates requesting a variation of Sec.
7, Para 7.2 and Table 2 of the Zoning By Law so as to
permit relief from 50' frontage requirement to existing
46.88' along Foster St. on the premises, located at
Parcel 2 & 3 F t St
By Order of the Board of Appeals Legal Frank Serio, Jr., Chairman otice
Publish in North Andover Citizen on January 15 and 22, TOWN OF NORTH ANO
1987 176 �MASSACHUSEnSOV ER
BOARD OFA
ottrh January 12
PEALS
,I N ,
.*•"O • Notice is 1987
aft • e! �`�+`* �o hereb
�o f the Board of Y given that
w give Appeals will
a hearing at the
� Buildin Tow
0 Tuesday eVOrt'
� � Andover, on
'da•�C ,.� 0! Februafy 1987he 1p day
North ti`ciock, , at 7:30
Andover ssociates reereste ' - the Parties in-
in
Para 7.2 and questin appeal of
Permit relief fromTSble 2 0f the Zoni9 a variation of Sec.
46.88 along Oster t. frontage require BY Law so as to
Parcel 2 & St. on the ment to existing
BY Order 3, Foster St. Premises, located at
Frank 0f the Board of Appeals
Publishserio, Jr., Chairman
1987 m North Andover Citizen on January 15 and 22,
et-- APPILM i
�
sgeeug�'`�
TOWN OF NORTH ANDOVER
MASSACHUSETTS }
BOARD OF APPEALS
NOTICI•; .
s
..January, 12..:19...8 7
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on.. Tuesday. .
evening the .10. day of ..February......
19 .. 8 7 at .7 :-IAlock, to all parties interested in the appeal of
.... North: Andover..Associates
requesting a variation of Sec.. .7 , ..Para . 7.. 2 _ of the Zoning
By Law so as toe i and Table 2
p rrnit ......... .
relief from 501.. frontage . requi-rement to
existing -46 88' - along-Foster- St;........ .
on the premises, located at.... Parcel . 2.. &..3 . F.os ter. St .
By Order of the Board of Appeals
Frank Serio, J Chairman
Publish in N. A. Citizen on January 15 & 22, 1987
S
TOWN OF NARTH ANDOVER
MArSd�j igETTS
BOARD. OF APPEALS
i
lived by Town
jno
JAN 1:"c 27
TOWN OF NORTH ANDOVCR, MASSACHUSETTS
i r BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant _ North Andover Associates----------------- Address Ten Post Office Square, Boston, MA
��i210 9
1. Application is hereby made:
a) For. a variance from the requirements of Section -7 W Paragraph7,Z
and. Table of the Zoning By Laws.
b) For a Special Permit under Section_l_Paragraph 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
'�-- --- ------Street
b)- Premises affected are property with frontage on the North ( )
'South ()Q East ( ) West ( ) side of Foster
Street, and known as 440,_- Parcel 2, and_3 Foster Street Street.
c) Premises affected are in. Zoning Districtf,-1 and the premises,
of f ected have an area of 16.0_6 Ac_eck�e-ee and frontage of
46.88 feet . and 12.78 feet.
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
North Andover Associates-_------_-_-----__—
Date of Purchase 1973 Previous Owner Sim Foster
b) If applicant is not -owner, check his/her interest in the premises:
Prospective Purchaser _ Le.see Other (explain)
4 Size of proposed building: _- front; -- feet deep;
Height -- stories; -_--_feet.
a) Approximate date of erection: --
b) Occupancy or use of each floor: _
c) Type of construction:
5,. Size of existing building: feet front;� - Meet deep;
height _—stories; feet.
a) Approximate date of erection:______,__-_-
b) Occupancy or use of each floor: _----- `__
r
c) Type of construction:_____________�__ _
6.. Has there been a previous appeal, under zoning, on these premises?
No If
7;.' ;Description of relief sought on. this petition
Awfu6,
8. Deed recorded in the Registry of Deeds in Book Page
Land:Court Certificate No. Book Page
The principal points upon which I base my applicat..on are as follows:
(most be stated in detail)
I agree to pay the filing fee, advertising in newspaper, and incidental
expenses*
- 'Vi )jc
61-gnature of P., ti"'Clo er'(s)
E e. y_applica - tion for action by the Board shall be made on a form approved
by the Board. These forms: shall be furnished by the Clerk upon request.
V�,. Any communication purporting to be an application shall be -treated -as mere
ice
no t of intention Eo seek relief until such time as it is -made on the
official application form. All information called =for by the form shall
be furnished by the applicant in the manner thereinsprescribed.
Every application shall be submitted with a list of "Parties In Interest"•
which list.shall include.the petitioner,.abutter.s, owners of land directly
opposite on any public or private street or way, and abutters to the
abutter. s ;wi thin' three hundred feet (300') of the property line of the
petitioner
as they appear on the most recent applicable tax list,
notw thstanding that the land of any such owner is located in another city.
or town, the Planning Board of the city or town,.and the Planning Board of
every abutting city or town.
*Every application shall be submitted with an application charge cost in
the amount of $25.00. In addition, the petitioner shall be' responsible
for any and all costs involved in bringing the petition before the, Board. ,"-"*-:'
Such_costs shall include mailing and publication, but are not necessarily,."..�.,
limited to these.
Every application shall be submi.tted with a plan of land approved"by the
Board. No petition will be brought before the Board unless said plan lis
been submitted. Copies of the Board's requirements regarding plans.are
attached hereto or are available from the Board of Appeals upon request.
LIST OF PARTIES IN INTEREST
Name
�JC�= ' - '� � j 6/4
V/
�JcSe \AL
-AU
vo
Address
C
U
A niC>NC
(use additional sheets if' cessary)
6/ ?7Z-
7L -
V
CA1416
3-447
KOALA INNS OF AMERICA CORPORATION
February 26, 1987
Mr. Frank Serio, Jr.
North Andover Board of Appeals
Town of North Andover
120 Main Street.
North Andover, MA 01845
Re: Petition #43-87
Deur Mr. Serio:
Enclosed please find a copy of a letter to Mr. Daniel Long
along with a copy of a Notice of Decision regarding Petition
No. 43-87.
We are returning these documents because we believe they
were sent to us in error.
Very truly yours,
Myriam.V. Curran
Senior -Vice President -Operations
MVC/jt
Enclosures
EN POST OFFICE SQUARE, SUITE 1315, BOSTON, MASSACHUSETTS 02109, (617) 542-1300
U)
q
�
a
Lr)
0 �4 /
/ 4 (
§.\/4/
�4 P $ Q P.
\> 41 p40
0 o n o
ata t
§ / a
® J 4J
o o C14 o
==8—=
67)0D
C
Coo m
�e, z
0 ("1cn
z---40
<zm
cn
D�m
n a
-hD
m m
inn
"'m0
O Cr) 70
C -0
O C O
0D70
mD
0
z
'
-
f NOwtM,
?:... ,. tioo
Town of f�,
I 2c) M<Oin 5trcet
OI=1-I< L?5 CJ F:
a`' a
n� � �'�c
APPEALS
:,�
NORTH ANDOVER N �?,'%f; "< J�vrti,Andover, r
4, �,.`ttassachusetts o 184.E
BUILDING
CnIVSI RVA"I ION
Be�CHU8E4
r
DIVISION OF ! ;i�61 7) 685-4775
HEALTH
' ' K
111_ANNING
PLANNING
& COMMUNITY DEVELOPfGIENT'�,�
KAREN H.P. NELSON, DIRECTOR
.t\1
Mr. Daniel Long, Town Clerk
120 Main Street
North Andover, MA 01845
Dear Mr. Long:
February 12, 1987
Petition #43-87
North Andover Associates.
Foster St., Parcel 2 & 3
The Board of Appeals held a public hearing on February 10, 1987 upon
the application of North Andover Associates requesting a variance
from the requirements of Section 7, Paragraph 7.2 and Table 2 of the
Zoning ByLaws so as to permit relief from 50' frontage requirement to
existing 46.88' along Foster Street. The following members were present
and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman,
Augustine Nickerson, Clerk., Walter. Soule and.Raymond Vivenzio.
The hearing was advertised in the North Andover Citizen on January 15
and January 22, 1987 and all abutters were notified by regular mail.
Upon a motion made by Mr. Soule and seconded by Mr. Nickerson to grant
the petition with the condition that the lot remain forever with only
one house on it (16.06'acres), with the following vote: In favor, Mr.
Soule', Mr. Nickerson and Mr. Vivenzio, opposed, Mr. Serio and Mr.
Frizelle. The petition'Was pENI.ED.
Attorney Morley presented the case on behalf of the petitioner and
stated that the lack. of frontage was caused by.:an engineering error.
The Board finds that the petitioner failed to establish a hardship
as set forth in Section 10, Paragraph 10.4 of the Zoning ByLaws.
Sincerely,
NORTH ANDOVER BOARD OF APPEALS
o
Frank Se i.o,. J< '. , airman
/awt
4 O.
APRILM x
1835
CH
PI, V
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
North Andover Associates
Ten Post Office Square
Boston, MA 02109
Date .February .1.1, - 3,98.7
Petition No....: . 437.8.7 .......
Date of Hearing.. Xehruary..l 0.,. 1987
Petition of ....... Ngrth..An.dov.e,r..Ass.oci.ate.s .............. ..........................
.. ... Associates .
Premises affectedFost -1.2.and,.,,,,,;,,,,,,,,,,,,,,
.....d ..............................
Referring to the above petition for a variation from the requirements of thd Section. 7,
.Paragraph. Zonin.g. 13.yLaws ..............I.............
..............
so as to permit . relie.f..from..50.'..fr.ontage..re.quz.remQxi.t.t-.o..e-xis.tin.g,.46,88'
.along. Fostex. Street ...............................................................
After a public hearing given on the above date, the Board of Appeals voted to ..DENY..... the
.variance. -as. reque.sted ........
........... ...........................
.......................................
Motion made by. Mr. Soule
and seconded by Mr. Nickerson to grant the
petition with the condition that the lot remain forever with only one
house on it (16.06 acres.)
The vote was as follows: In favor, Mr.
Soule, Mr. Nickerson and
Mr. Vivenzio, opposed, Mr. Serio and Mr. Ftizelle.
Motion was DENIED
Signed.
"C
...... Frank. -Ser-io.,. -Jr..-, .Cha -firman. -
..... Alfred. -Fr.ize.11e.f -Vice.-ch-airman
. ...... Walter -Soule ...................
.... Augustine. -Nicke.rso-n CIe-rk
Raymond. Vivenzi-o ............
Board of Appeals
February,12, 1987
Petition #43-87
North Andover Associates
Foster St., Parcel 2 &. 3
Mr. Daniel Long, Town Clerk
120 Main Street
North Andover, MA 01845
Dear Mr. Long:
The Board of Appeals held a public hearing on February 10,.1987 upon
the application of North Andover Associates requesting'a variance
from .the requirements of Section 7, Paragraph 7.2 and Table 2 of the.
Zoning Bylaws soasto permit relief from 50' frontage requirement to
existing 46,88' along Foster Street. The following members were present
and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman,
Augustine Nickerson, Clerk, Walter Soule and Raymond Vivenzio.
The hearing was advertised in the North Andover Citizen on January 15
and January 22, 1987 and"all abutters were notified by regular mail.
Upon a' -motion made by Mr. Soule and seconded by Mr. Nickerson to grant
the petition with the condition that the lot remain forever with only
one house on it (16..06 acres), with the following vote: In favor, Mr.
Soule, Mr. Nickerson and Mr..Vivenzio,.opposed, Mr. Serio and Mr.
Frizelle. The ,Rgtion was DENIED.
The Board finds that by denying this petition, there will be no hard-
ship created for'the applicant-as_stated in Section 10, Paragraph 10.4
of the Zoning ByLaws.
'Sincerely,
NORTH. ANDOVER BOARD OF APPEALS
Prank Serio, Jrc-/1, Chairman
/awt
OF NORTNI
Town of
Main
OFFICES OF:
o
120 street
North Andover,
A1'1'EAI_s
.;
NORTH ANDOVER
BUILDING-
CONSERVA! IN
'_'":o^^ e
,@8gQH1sEt4
DIVISION. OF
Massachusetts O 1845
(617) F85-4775
HEALTK
PLANNING;
PLANNING &.COMMUNITY DEVELOPMENT
KAREN>H.P. NELSON, DIRECTOR
February,12, 1987
Petition #43-87
North Andover Associates
Foster St., Parcel 2 &. 3
Mr. Daniel Long, Town Clerk
120 Main Street
North Andover, MA 01845
Dear Mr. Long:
The Board of Appeals held a public hearing on February 10,.1987 upon
the application of North Andover Associates requesting'a variance
from .the requirements of Section 7, Paragraph 7.2 and Table 2 of the.
Zoning Bylaws soasto permit relief from 50' frontage requirement to
existing 46,88' along Foster Street. The following members were present
and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman,
Augustine Nickerson, Clerk, Walter Soule and Raymond Vivenzio.
The hearing was advertised in the North Andover Citizen on January 15
and January 22, 1987 and"all abutters were notified by regular mail.
Upon a' -motion made by Mr. Soule and seconded by Mr. Nickerson to grant
the petition with the condition that the lot remain forever with only
one house on it (16..06 acres), with the following vote: In favor, Mr.
Soule, Mr. Nickerson and Mr..Vivenzio,.opposed, Mr. Serio and Mr.
Frizelle. The ,Rgtion was DENIED.
The Board finds that by denying this petition, there will be no hard-
ship created for'the applicant-as_stated in Section 10, Paragraph 10.4
of the Zoning ByLaws.
'Sincerely,
NORTH. ANDOVER BOARD OF APPEALS
Prank Serio, Jrc-/1, Chairman
/awt
;lk
C.)FFICES OF:
APPEALS
I� BUILDING
�'. CONSERVATION
HEALTH ,
PLANNING
OF 0." �
• H
Town .of 12O Main Su(-(�f
North Andover.
• :,: $� NORTH ANDOVER .�,c]SSFiC I,IIStAIS 1 Ha -s
'SsacHusE�4 DIVISION (.>I' � '(6)17) 68;-4775
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON; DIRECTOR
February 10, 1987
Mr. Frank Serio, Jr.
Board of Appeals
Town Hall
North Andover, MA 01845
On behalf of.the Planning Board, the Planning Board Chairman
and I would like to make the following brief comments regarding
your hearings"scheduled for February 10, 1987.
Belinsky/Clark St. The variance request for this building is
not supported by any rationale as to why they need the
setback variance. Nor have they stated that they, have
exhausted all efforts to purchase abutting property to comply
with the zoning bylaw requirements. They are in excess of
frontage and land area which seems reasonable for
constructing and industrial building to conform to Table 2 of
Ithe bylaw.
V North Andover_ Associates It is apparent from the filing of
the application that the applicant has .created their own
hardship during their process of land planning when Approval
Not Required Plans were developed"from the three (3) frontage
dots. Again I will reiterate that the applicant should
exhaust all -efforts in acquiring additional frontage and land
to make the parcel in 'question conform to the - existing
zoning. The burden of identifying the hardship must be
clearly documented by the applicant and it is not the
responsiblity of the Board of Appeals or any other board to
determine what the hardship in fact is.
In addition, the applicant must request a variance under
Section 7.4.1'Lot Width as well.
f 4 f
Strong/Barrett The request of a variance from Section
4.122,14(b) is to.allow stairways leading to the second floor
not be enclosed. Since we do not allow use variances, but
dimensional variances only, I do not see how a vaiance could
be issued from this section. It is not a dimensional
requirement, but a building requirement. This application
appears to be improperly before the Board of Appeals.
Regards,
Karen.H.P. Nelson,
Director of Planning and Comm. Dev,
Erich Nitzsche
Chairman, Planning Board
J
v
cd
U
O
co
(a O1
d 1J O
41 .4
N p O
o41
V]
.4
�4 cA
O -It O /
z -q as f
Op
'r
co
O A LL a�
CZozo
$Mot a
0
N
v
cd
U
O
co
(a O1
d 1J O
41 .4
N p O
o41
V]
.4
�4 cA
O -It O /
z -q as f
w
- /4
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
North Andover Associates
14 Kiley St.
Boston, MA
Date: March 16, 1987
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit $ 5.28 for the following:
Filing Fee $
Postage $---5.---
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
Audr W. Taylor, Clerk